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HomeMy WebLinkAbout2015 Ordinance No. 042• • ORDINANCE NO. !{1 SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY DEPARTMENT OF HUMAN SERVICES AND THE CITY OF ENGLEWOOD, COLORADO REGARDING MUTUAL AID AND COOPERATION BETWEEN AND ACROSS JURISDICTIONS WITHIN THE 18™ JUDICIAL DISTRICT FOR INVESTIGATION OF REPORTS INVOLVING POSSIBLE MISTREATMENT OR SELF- NEGLECT OF AT-RISK ADULTS. WHEREAS, the 18th Judicial District consists of Aurora, Bow Mar, Cherry Hills Village, Columbine Valley, Englewood, Glendale, Greenwood Village, Littleton, and Sheridan; and WHEREAS, this intergovernmental agreement provides for the police departments mutual aid and cooperation between and across jurisdictions within the 18th Judicial District for the reporting, responding and investigation of mistreatment, exploitation of self-neglect of at-risk adults (over 70 years of age and/or mentally disabled); and WHEREAS, to clarify the coordinated duties and responsibilities of agencies involved in reporting, responding, and investigating reports regarding the mistreatment, exploitation and self- neglect of at-risk adults; and WHEREAS, Colorado Revised Statute §26-3.1-103(21) states that each county department, law enforcement agency, district attorney's office, other agency responsible under federal law or the laws of this state to investigate mistreatment, self-neglect or exploitation of at-risk adults shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies to ensure the best protection for at-risk adults; and WHEREAS, Colorado Revised Statute §26-3.1-103(21) states the agreements shall provide for special requests by one agency for assistance from another agency and for joint investigations; as well as each agency shall maintain the confidentiality of the information exchanged pursuant to such joint investigation; and WHEREAS, Colorado Revised Statute §26-3.1-103(21) states this intergovernmental agreement is made to ensure coordinated response during all hours, to provide for special requests for assistance from one agency to another, and to arrange for joint investigation(s) when needed to maximize the effectiveness of the civil and criminal investigative processes; and WHEREAS, it is understood that joint investigations may be used as a means to coordinate the efforts of the involved agencies, and that each individual agency remains accountable to its own rules, policies, and statutes; and WHEREAS, it is understood that joint agencies involved in this intergovernmental agreement shall accept reports of lmown or suspected mistreatment or self-neglect of at-risk adults; and 1 WHEREAS, the passage of this Ordinance authorizes an "Intergovernmental Agreement between Arapahoe County Department of Human Services made to ensure coordinated response during all hours, to provide for special requests for assistance from one agency to another, and to arrange for joint investigation(s) when needed to maximize the effectiveness of the civil and criminal investigative processes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an "Intergovernmental Agreement Between Arapahoe County Department of Human Services and the City of Englewood" for mutual aid and cooperation between and across jurisdictions within the I gTH Judicial District for investigation reports involving possible mistreatment or self-neglect of at-risk adults, attached hereto as Exhibit A. Section 2. The Chief of Police of the City of Englewood is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of September, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of September, 2015. Published as a Bill for an Ordinance on the City's official website beginning on the 23rd day of September, 2015 for thirty (30) days. Read by title and passed on final reading on the 5TH day of October, 2015. Published by title in the City's official newspaper as Ordinance No.'/&, Serie s of 2015 , on the 8th day of October, 2015. Published by title on the C ity's official website beginning on the 7th day of October, 2015 for thirty (30) days. 1'.:J ~ri--- :._::j Randy P. Penn, Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is $.~ecopy of the Ordinance passed on final reading and published by title as Ordinance No.-=., ries of 2015 . 'tu_~ • • • Adult Protective Services Cooperative Agreement Between The Arapahoe County Department of Human Services And Arapahoe County Attorney Arapahoe County Sheriff District Attorney, 1 f1h Judicial District The Cities of: Police Department(s): Aurora, Bow Mar, Cherry Hills Village, Columbine Valley, Englewood, Glendale, Greenwood Village, Littleton, Sheridan, acting by and through their respective Police Departments. I. SUBJECT: Arapahoe County Adult Protective Services Cooperative Agreement for investigation of reports involving possible mistreatment or self-neglect of at-risk adults . II. PURPOSE: To clarify the coordinated duties and responsibilities of agencies Involved in reporting, responding, and investigating reports regarding the mistreatment , exploitation and self-neglect of at-risk adults. Ill. TERM OF AGREEMENT: This Agreement will commence upon the date of the final signature and will be In effect for no more than five (5) years. Changes In or termination of In the Agreement may be made at any time by mutual consent of APS and the above mentioned cities acting through law enforcement agencies. Nothing in this Agreement shall substitute or represent a change in either any agency's legally mandated responsibilities. IV. BACKGROUND AND BASIS FOR THE AGREEMENT: Colorado Revised Statute, Section 26-3.1-103 (21) states: In each county department, law enforcement agency, district attorney's office, other agency responsible under federal law or the laws of this state to investigate mistreatment, self-neglect or exploitation of at-risk adults shall develop and implement cooperative agreements to coordinate the Investigative duties of such agencies. The focus of such agreement shall be to ensure the best protection for at-risk adults. The agreements shall provide for special requests by one agency for assistance from 1 another agency and for joint investigations. The agreement shall further provide that • each agency shall maintain the confidentiality of the information exchanged pursuant to such joint investigation." V. PRINCIPLES OF THE AGREEMENT In accordance with C.R.S. 26-3.1 -103.lhe above-cited statute, this agreement Is made to ensure coordinated response during all hours, to provide for special requests for assistance from one agency to another, and to arrange for joint investlgation{s) when needed to maximize the effectiveness of the civil and criminal investigative processes. It is understood that joint Investigations may be used as a means to coordinate the efforts of the involved agencies, and that each Individual agency remains accountable to Its own rules, policies, and statutes. It is understood that all agencies involved in this agreement shall accept reports of known or suspected mistreatment or self-neglect of at-risk adults. VI. BUSINESS AND NON-BUSINESS HOUR PROCESSES County departments are required by APS program rule to have an established process to receive reports during business and non-business hours. The Arapahoe County Department, herein known as Adult Protective Services (APS), receives reports during business hours at (303) 636-1750. Business hours are 8:00 AM -5:00PM, Monday -Friday. Calls of reports should be made to (303) 636-1750 24 hours a day, 7 days a week. All reports should be made immediately to APS, regardless of the lime of day. APS does not accept reports made by fax or email. Reports made during non-business hours are received by Arapahoe County Sheriff Dispatchers/Communications, and ACSO Is responsible for contacting the on calf Arapahoe County Department employee. Additionally, APS provides a Law Enforcement Express Hotline for law enforcement agents in need of expedited assistance at 303-636-1761. VII. DISPOSITION OF REPORTS A copy of all reports of (explaitatianlmistreatmentlse/f-neglectlall) made to APS shall be forwarded to the appropriate law enforcement agency within twenty four hours of receipt of the report, excluding weekends, holidays, or days the county is closed. When applicable, reports should be forwarded the next business day. 2 • • VIII. A copy of aU reports of mistreatment and self-neglect made to law enforcement and the district attorney's office shall be forwarded to APS within twenty four of receipt of the report. The report shall include: name, age, and address of the at-risk adult, the name and address of the at-risk adult's caretaker, if any; the suspected nature and extent of the at- risk adult1s injury, If any; the nature and extent of the condition that will reasonably result in mistreatment or self-neglect; and other pertinent information. Reports involving criminal allegations of mistreatment, including caretaker neglect shall be Immediately referred to focal law enforcement. When criminal allegations are not initially apparent. the caseworker shall refer to (law enforcement office) as soon as there are reasonable suspicions that a crime has been committed. Reports of abuse, caretaker neglect, and/or exploitation of at-risk elders, 70 years of age or older. must be reported to law enforcement. Law enforcement wiH forward all reports of abuse, caretaker neglect, or exploitation of at-risk elders to APS within 24 hours. APS wiU review and evaluate each report to determine if the at-risk elder meets the statutory requirements of an at-risk adult pursuant to C.R.S. 26-3.1-101 (1) before protective services are rendered. If a report is made to APS and it is later discovered that the person is 70 years of age or older, APS will notify law enforcement Immediately. These are cases when the reporting party Is not aware of the adult's age and makes the report to APS . The report shall Include: name, age, and address of the at-risk elder, the name and address of the at-risk eider's caretaker. if any; the suspected nature and extent of the at-risk eider's injury, if any; the nature and extent of the condition that win reasonably result In abuse, caretaker neglect, and/or exploitation; and other pertinent information. AGENCY ROLES Adult Protective Services is responsible for investigating reports of suspected mistreatment and/or self-neglect of at-risk adults. The County Attorney's Office is responsible for reviewing reports of mistreatment of at-risk adults when a review is requested, when APS is considering filing for guardianship and/or conservatorship of an at-risk adult, and when an investigation involves complaints of alleged criminal activity. Law enforcement agencies are prinarily responsible for the coordination and Investigation of criminal allegations involving at-risk adults and at-risk elders. The District Attorney's Office is responsible for reviewing reports of criminal actions or threats of mistreatment of at-risk adults and at-risk elders to determine possibility of prosecution. 3 IX. JOINT INVESTIGATION PROCEDURE AND GUIDELINES Some reports may need to be jointly Investigated when time and resources allow. Any agency entering Into this agreement may request assistance from another agency entering into this agreement in the investigation and assessment of the at- risk adultts safety and well-being. Additionally, any agency may request stand-by assistance from another agency. (For example, in situations where an APS worker's safety may be in question or where law enforcement needs assistance with a client with dementia.) When a joint Investigation Is required, the APS caseworker, law enforcement officer(s), and/or the District Attorneys Office may conduct joint interviews, compare notes, and clarify Information following Interviews. Law enforcement shall be considered the lead agency in criminal joint Investigations. APS shall be considered the lead agency in non-criminal joint Investigations. Developmental disability, ombudsman or mental health staff may be present as part of the joint investigative team. When joint investigation Is required, contact law enforcement by calling dispatch, or County Hotline Staff (303) 636-1750) and contact the District Attorney's Office by calling 303-795-4839. Joint investigation or stand by assistance may be utilized when any of the following pertain to an at-risk adult 1. There is pain and/or physical injury, as demonstrated by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling or suffocation. 2. Unreasonable confinement or restraint has been imposed. 3. There Is nonconsensual sexual conduct or contact classified as a crime under Colorado law. 4. Caretaker neglect threatens the at-risk adult's safety or well-being. 5. Financial exploitation has occurred and/or is occurring and the exploitation is a crime under Colorado law. 6. Threats of violence, presence of firearms, intoxication, or any illegal activity is present and threatens the at-risk adult or APS caseworker's safety. 7. Specialized interviewing skills might be required. X. CONFIDENTIALITY Reports and investigative information shall be confidential. Disclosure of information, including the name and address of the at-risk adult, members of the • 4 adult's family, reporting party's name and address, or any other Identifying Information contained In reports shall be permitted only when authorized by law or ordered by the court, as outlined in Section 26-3.1-102(7), C.R.S. Notwithstanding any provision of Section 2+72-204, C.R.S., or Section 11-105-110, C.R.S., or any other applicable law concerning the confidentiality of financial records to the contrary, designated agencies investigating the exploitation of an at-risk adult shall be permitted to inspect all records of the at-risk adult on whose behalf the investigation is being conducted, including the at-risk adult1s financial records, upon execution of a prior written consent form by the at-risk adult, in accordance with Section 6-21-103, C.R.,S pursuant to Section 26-3.1-103, C.R.S. In addition, each agency shall maintain the confidentfallty of the Information exchanged pursuant to joint investigations as required by Section 26-3.1-103(2), C.R.S. SIGNED BY: Director, Arapahoe County Department of Human Services Date District Attorney, 18th Judicial District Date Arapahoe County Attorney Date Arapahoe County Sheriff Date Chief, Aurora Police Department Date 5 Chief, Bow Mar Police Department Date Chief, Cherry Hills Police Department Date Chief, Columbine Valley Police Department Date Chief, Englewood Police Department Date Chief, Glendale Police Department Date Chief, Greenwood Village Police Department Date Chief, Littleton Police Department Date Chief, Sheridan Police Department Date COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: October 5, 2015 9bi Adult Protective Services Cooperative Agreement !GA-2nd Reading Initiated By: Staff Source: Police Department PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION Deputy Chief Jeff Sanchez The Police Department is recommending that City Council adopt a Bill for an Ordinance , on second reading, which will authorize the Chief of Police to sign an Intergovernmental Agreement (IGA) with the Arapahoe County Department of Human Services. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This agreement provides for mutual aid and cooperation between and across jurisdictions within the 18th Judicial District for the reporting, responding and investigation of mistreatment, exploitation and self-neglect of at-risk adults (over 70 years of age and/or mentally disabled). Per Colorado Revised Statute, the Police Department is required to investigate mistreatment, self-neglect or exploitation of at-risk adults and shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies. The focus of this agreement shall be to ensure the best protection for at-risk adults. This agreement shall provide for special requests by one agency for assistance from another agency and for joint investigations. This agreement further provides that each agency shall maintain the confidentiality of the information exchanged pursuant to such joint investigation. FINANCIAL IMPACT There are no monetary or funding impacts associated with this lGA. LIST OF ATTACHMENTS Adult Protective Services Cooperative Agreement COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: September 21, 2015 llai Adult Protective Services Cooperative Agreement IGA Initiated By: Staff Source: Police Department Commander Sam Watson PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading which will authorize the Chief of Police to sign an Intergovernmental Agreement (IGA) with the Arapahoe County Department of Human Services . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This agreement provides for mutual aid and cooperation between and across jurisdictions within the 18th Judicial District for the reporting, responding and investigation of mistreatment, exploitation and self-neglect of at-risk adults (over 70 years of age and/or mentally disabled). Per Colorado Revised Statute, the Police Department is required to investigate mistreatment, self-neglect or exploitation of at-risk adults and shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies. The focus of this agreement shall be to ensure the best protection for at-risk adults. This agreement shall provide for special requests by one agency for assistance from another agency and for joint investigations. This agreement further provides that each agency shall maintain the confidentiality of the information exchanged pursuant to such joint investigation. FINANCIAL IMPACT There are no monetary or funding impacts associated with this IGA. LIST OF ATTACHMENTS Adult Protective Services Cooperative Agreement