HomeMy WebLinkAboutResolution_16-99/00_11/09/1999•
RESOLUTION NO. 16-99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A MEMORANDUM OF UNDERSTANDING / WORKING
AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE
FLORIDA DEPARTMENT OF CHILDREN & FAMILES, AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE VILLAGE OF TEQUESTA.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The Memorandum of Understanding/Working
Agreement Between the Village of Tequesta and the Florida
Department of Children & Families, Attached Hereto as
Exhibit "A" and Incorporated by Reference as a Part of
This Resolution, is Hereby Approved and the Village
Manager of the Village of Tequesta is Authorized to
Execute the Same on Behalf of the Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember
Schauer who moved its adoption. The motion was
seconded by Councilmember Canretta and upon being
put to vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Capretta
Dalack
Hansen
LJ
•
The Mayor thereupon declared the Resolution duly
passed and adopted this 9th day of November, A.D.,
1999.
MAYOR OF TEQUESTA
i
~~
Carl C. Hansen
•
ATTEST:
oann Mangani llo
Village Clerk
• MEMORANDUM
TO: Joann Manganiello, Assistant Village Manager
FROM: Stephen J. Allison, Chief of Police,t~~
SUBJECT: Agreement Signature Page
DATE: 12/ 15/99
Attached is a copy of the completed signature page for our agreement with the
Department of Children and Families. You requested a copy to attach with resolution 16-
99/00.
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FLORIDA DEPARTMENT OF
~ CHILDREN
& FAMILIES
December 9, 1999
Stephen J. Allison
Chief of Police
Tequesta Police Department
357 Tequesta Drive
Tequesta, Florida 33469-0273
Dear Chief Allison:
Jeb Bush
Governor
Kathleen Kearney
Secretary
Attached for your records is a co~ay of the signature page for the Memorandum of
Understanding/Working Agreement between your department and the Department of
Children and Families with the appropriate DCF signatures.
•
Please let me know if you have any further questions regarding this matter.
Sincerely,
~ `Z.
Lynn Boughner
Program Operations Administrator
C7
Family Safety and Preservation Program
1845 S. Federal Highway, Delray Beach, Fl. 33483
The Department of Children and Families is committed to working
in partnership with local commcrnities to ensure safety, well-being
and self-sz fficiency for the people tive serve.
THE CENTER FOR INFORMATION 8L CRISIS SERVICES, INC.
Helplnp peopleJtnd a wnp
BOARD OF DIRECTORS
AFFILIATE AGREEMENT
~ruce W. Parrish, Jr.
aw Offices of Bruce Parrish, PA
Pies/d~nf To ensure continuity of care and support to clients, The Center for Information
Diane Carlino
Achievement Dynamics and Crisis Services enters into the following agreement wit
Vlce-Pna/dent
John oeese VILLAGE OF TEQUESTA
Credd Union of PBC
P
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BOX 3273
Tiusur~r .
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Or. Yvette Couney (Print or type your agency name here.) A, FLORIDA 33469
Human Services Consultant
Secr~fery
Jonathan E. Cole
Edwards b Angell
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Howard Bregman
Greenberg, Traurig
1. To refer appropriate callers to the Affiliate without regard to race,
Robert G. H.oCarrall, 111
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^ national origin, age; sex or economic status for
creed
color
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Ca-±.^u: ti?y , .ep: ese. ,
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orsey
Ray
Accordia Southeast 2. To be available as a resource to the Affiliate's clients 24 hours a
George Elmors da for tele hone counseling and information and referral to
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Hardrives of Delray
Anita R. Finley community resources.
GerantolagisvPublicRelations 3. To be available to the affiliate's staff for information about and
Sonia Gregersen referrals to community resources.
Palm Beach Motocan
Ksnneth Graves
Edwards Elect"` cerp. The Affiliate agrees: .
Art HillDralh
an•Hill
1. To receive clients without regard to race, color, creed, national
IsHewden
° Palm a°aoh P°~' origin, age, sex or economic status who are referred by The Center.
Harold Kern To advise clients of the 24 hour availability of The Center's
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Community Represantativs .
Services.
Nancy Albano Lembrecht
c°mm°nityR.prese"tat"° 3. To advise staff of the availability of The Center as a resource.
James J. Jenerson 4. To update The Center when changes arise within the Affiliate.
Community Representative
Jay H. Rossbach, Jr.
Community Reprasantativa
Helenlewis This letter of agreement maybe amended or terminated by either party contingent
Community Reprasenlativs ,
upon thirty (30) days notice and will be revised annually.
JansMeGregar
Community Representative
BillObsdink The Center for Information and AFFILIATE
Community Representative
Crisis Services, Inc.
Irving Pearl
Harmony Music
Hank Poroher
Paul Hanna Management ~////~
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Billy Riggs
PBCShariHsOHice .
xecutive Director
Theresa Swanberg
NCCI
Thomas Tribby / ~ ~ ~ ~ ~ ~ -
Republic Security Bank
Date Signed Date Signed
P.O. Box 3588 -Lantana, Florida 33x65.3588 - (561) 547-8637 -FAX (561) 547.8639
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Village Manager's Office
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• MEMORANDUM OF UNDERSTANDINGNVORKING AGREEMENT
Tequesta Police Department
and the
Department of Children & Families
The agencies named in this document agree to the following:
A. PURPOSE
The purpose of this Memorandum of Understanding is to coordinate services to the
families of Palm Beach County through cooperation, collaboration, and the sharing of
appropriate information by agencies within this jurisdiction. Specifically, this agreement
establishes operational protocols for the joint investigation of abuse reports involving
criminal allegations in order to:
• provide standard, consistent and thorough investigations
• maximize the resources through a joint investigative process
• minimize-the number of interviews for children who are victims of abuse or neglect
• • allow for the orderly collection of evidence in the criminal investigative process
• ensure the provision of appropriate services when deemed necessary for children and
their families
• provide a forum for on-going communication and resolution of issues involving
family safety in this community and foster an effective collaboration among
• law enforcement
• state attorney
• judiciary
• domestic violence providers
• child protection team
• local school system
• Department of Juvenile Justice (DJJ)
Department of Children and Families (DCF)
B. DEFINITIONS
"Abandoned": A situation in which the parent or legal custodian of a child or, in the
absence of a parent or legal custodian, the caregiver responsible for the child's welfare,
• while being able, makes no provision for the child's support and makes no effort to
communicate with the child, which situation is sufficient to evince a willful rejection of
• parental obligations. [39.01(1), F.S.]
"Abuse ": Any willful act or threatened act that results in any physical, mental, or sexual
injury or harm that causes or is likely to cause the child's physical, mental, or emotional
health to be significantly impaired. For the purpose of protective investigations, abuse of
a child includes the acts or omissions of the pazent, legal custodian, caregiver, or other
person responsible for the child's welfare. [39.01(2), F.S.]
"Criminal Investigation ": An investigation conducted by an appropriate law
enforcement agency for the purpose of uncovering evidence which may lead to an
individual's prosecution for adult abuse, neglect, or exploitation, or child abuse, neglect,
or abandonment, or other appropriate criminal charges.
avated assault, battery, aggravated battery,
"Domestic Violence ": means any assault, aggr
avated stalking, or any criminal offense
sexual assault, sexual battery, stalking, aggr
resulting in physical injury or death of one family or household member by another who
is or was residing in the same single dwelling unit.
"Emergency Placement -Child": The temporary care of a child who is alleged to be or
who has been found to be dependent, pending further disposition, before or after
adjudication or after execution of a court order. The placement may be with a relative,
• non-relative or state licensed home or facility.
"False Report ": A report of abuse, neglect, or abandonment of a child to the central
abuse hotline, which report is maliciously made for the purpose of: (a) harassing,
ersonal financial gain for the reporting
embarrassing, or harming another person; (b) p erson in
person; (c) acquiring custody of a child; or (d) personal benefit for the reporting p
any other private dispute involving a child. The tea ade in rood faith to the entral a
report of abuse, neglect, or abandonment of a clul g
abuse hotline. [39.01(2, F.S.]
"Family or Household Member ": means spouses, former spouses, persons related by
blood or marriage, persons who are presently residing together as if a family or who have
resided together in the past as if a family,, and or have res ded together at any tnimen
regardless of whether they have been mam
"Joint Investigation ": Two agencies conducting concurrent criminal and protective
investigations.
"Neglect ": Occurs when the pazent or legal custodi d of orllallowsla cluldto bee of a
parent or legal custodian, the caregiver depnves a chil ,
• deprived of, necessary food, clothing, shelter, or medicament causes the hild's physical,
live in an environment when such deprivation or enviro
• mental, or emotional health to be significantly impaired or to be in danger of being
significantly impaired. [39.01(46), F.S.]
"Protective Investigation ": The acceptance of a report alleging child abuse,
abandonment, or neglect by the central abuse hotline or the acceptance of a report of
other dependency by the department; the investigation of each report; the determination
the determination of the disposition of each
of whether action by the court is warranted; riate; and the referral of a child
report without court or public agency action when approp F.S.]
to another public or private agency when appropriate. [39.01(58),
~. INVESTIGATIVE PROCEDURES
1. The Department of Children and Families shall immediately notify the
Tequesta Police Department as required onment, or n gect is received andreport
of known or suspected child abuse, aband
suspected to have occurred in the city of Tequesta. The Tequesta Police
Department shall review the report, determine ~'" ldren and Famaillies Offigetinn is
warranted and notify the local Department of Clu
Palm Beach County.
The Florida Abuse Hotline shall be responsible, as required by Section
• 39.201(2)(a), F.S., for transfemng all calls with information that a child has been
harmed by anon-caretaker to the Sheriff of the county in which the harm
occurred.
a, The Sheriff will be responsible for establishing procedures for accepting
follow-u hard copy report from DCF, and
such information including any P
transferring it to any other appropriate law enforcement jurisdiction.
b, The law enforcement agency designate a De eCartn ent; the phone number is
calls for Tequesta is the Tequesta Polic P child-on-child
561-746-7474. Hard copies of DCF reports documenting
sexual allegations will be forwarded 469 ~T~ 48 hours ofDreceia P ent,
357 Tequesta Drive, Tequesta, F133
Bement or required by law, all
2, Unless otherwise specified in this written agr the DCF Abuse Hotline for
reports of alleged abuse or neglect of a child taken by
the area under the jurisdiction of the law enforartment of Children and Families
agreement will be transmitted to the local Dep
Office in Palm Beach County.
3, The Department of Children and Families protecDtie eartmentgastrequitred by Section
• responsibility for notifying the Tequesta Police p .
• 39.30(15) Florida Statutes, immediately upon receipt of a report alleging or
immediately upon learning during the course of investigation or when providing
services that:
a. the immediate safety or well-being of a child is endangered;
b. the family is likely to flee;
c. a child died as a result of abuse or neglect;
d. a child is the victim of aggravated child abuse as defined in Section
827.03; F.S.;
e. a child is the victim of sexual battery or of sexual abuse as defined in
Section 39.01(64)(a-g), F.S.;
4. The protective .investigator shall immediately notify by either telephonic or
electronic means, the Tequesta Police Department that the Department of
Children and Families has received a report or learned of a situation covered by
Section C.3 of this agreement. A written copy of the report will be delivered to
the Tequesta Folice Department within one working day.
5. The Tequesta Police Department is responsible for assessing and responding to
potential criminal allegations enumerated under Section C.3 above. As required
by Section 39.301(15), F.S., the Tequesta Police Department will assume lead in
conducting any potential criminal investigations involving children in cases
specified in Section C.3 above. The protective investigation will be coordinated
with the criminal investigation. Evidence gathered in criminal investigations will
be handled according to the policies -and procedures of the Tequesta Police
Department. In addition to proper storage an ent of Children and Familiescwill e
Tequesta Police Department and the Departm ,
ensure proper storage of maintenance of records/case file information in
accordance with their policies and procedures.
6. The agencies agree to conduct joint share information on an on-going andch
investigations, the agencies agree to
continuous basis. Both agencies understand that the safety of the victim is of
primary concern and that the request for protective investigation by the
Department of Children and Families must be responded to by DCF within 24
hours of receipt of the report. When the Tequesta Police Department determines
that probable cause exists for possible filing of criminal charges in the case of
child abuse, notification to the State Attorney will be processed as required and
the Department of Children and Families will be notified.
7. If the Tequesta Police Department requests that the alleged perpetrator not be
interviewed by the protective investigator, that request shall be honored. The
• Department of Children and Families case record must document the date and
time of the. request, the person making the request and the reason for the request.
4
The Tequesta Police Department agrees to advise the Department of Children and
Families when and if a protective interview can be conducted and, when
appropriate, share the results of any interview conducted by the Tequesta Police
Department.
8. Pursuant to 39.301(17), F.S., when the Tequesta Police Department participates in
a child protective investigation, they shall take photographs of the child's living
environment. Such photographs shall become part of the investigative file..
9. The Department of Children and Families will be responsible for assessing the
immediate safety of the child and taking the necessary actions that will ensure the
continued safety of the child. The Department will also be responsible for
determining and implementing necessary services to support the family.
10. The Child Protection Team will be utilized in accordance with Section 39.303,
F.S. by both the Department of Children and Families and the Tequesta Police
Department as appropriate in order to obtain needed assessments, interviews and
staffings to assist in gathering evidence and providing services to children and
their families.
11. The Department of Children and Families and the Tequesta Police Department
shall develop, implement, and provide training on joint .investigative protocols for
the assessment of family violence during abuse investigations and the assessment
of abuse during family violence investigations.
12. To the extent set forth in this memorandum of Understanding/Working
Agreement or the written protocol which is attached to and incorporated by
reference, the Tequesta Police Department has assumed partial or full
responsibility for conducting certain components of protective investigations
under Sections 39.201-39.302, F.S., related to cases involving criminal
investigations and assures that it will be in compliance with the procedural
requirements of Section 39.201-39,302.
In reports that have been determined to be false, as defined in Section 39.01(27),
F.S. aad Section B of this agreement, the Department of Children and Families
will refer to the Tequesta Police Department such information for a criminal
investigation. This referral will be made with the consent of the person who was
originally identified as the alleged perpetrator. The Department of Children and
Families-will refer all subsequent reports. involving children in the same family to
the Tequesta Police Department for all responses during the pending criminal
investigation.
• 13. Any conflict in the interpretation of this Memorandum of Understanding/Working
Agreement shall be resolved through communication between the Chief of Police
5
of the Tequesta Police Department, or his designee, and Rebecca A. Walker,
• District Program Manager for the Department of Children and Families, Family
Safety or her designee.
D. SHARING OF INFORMATION
1. The Department of Children and Families is recognized as a criminal justice
agency for the purpose of child protective investigations, pursuant to Section
943.045. F.S. Pursuant to Section 39.306, F.S., and within statutory guidelines,
the Tequesta Police Department is authorized to share with assigned Department
of Children and Families protective investigators, Florida criminal history
information accessed through the Florida Crime Information Center (FCIC) and
local criminal history and not otherwise exempt from Section 119.07(1), F.S.
a. Such information may be used only in the furtherance of a specific child
protective investigation, including the emergency placement of an
endangered child. The agencies will clearly define those investigations
specified under this section.
b. Such information will be provided without charge.
c. Such information may be provided by the assigned criminal investigator or
through Special Investigative Unit.
d. The release of such information will be documented in accordance with
applicable Florida Department of Law Enforcement FCIC procedures.
2. Within statutory guidelines, the Tequesta Police Department will, upon request,
provide to the designated child protective investigator a copy of all initial law
enforcement reports relating to a domestic violence incident, including a narrative
description of the incident, and any subsequent, supplemental or related reports.
a. Such reports shall be clearly defined as part of this agreement but shall
include those in which children are present when family violence occurs.
b. Such reports shall be used only for the purpose of child protective
investigations and placement of children under DCF care.
3. Within statutory guidelines, the Tequesta Police Department shall develop
procedures to allow access to or otherwise share all appropriate local criminal
information on an individual under investigation with the assigned protective
• investigator.
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4. Within statutory guidelines, the Department of Children and Families will provide
to the law enforcement agency copies of protective investigation reports during
criminal investigations. Any reports shall be provided without cost to the law
enforcement agency. Copies of these reports shall include the name of the
reporter, whose identity should remain confidential pursuant to Section 39.202,
F.S. '
5. All information, reports, documents, etc., provided under the provisions of this
agreement shall retain any confidential status provided under law and shall not be
distributed outside the undersigned agencies unless otherwise authorized or
mandated by law. . .
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THOMAS G. $RADFORD
VILLAGE MANAGER
o~,~„~..
DES GNA D CONTACT
STEPHEN J. ALLISON
CHIEF OF POLICE
REBECCA A. WALKER
DISTRICT PROGRAM MANAGER
DEPARTMENT OF CHILDREN AND FAMILIES
,~
DESI~ ATED CONTA `I`
L BOUGHNER
PROGRAM OPERATIONS ADMINISTRATOR
DEPARTMENT OF CHILDREN AND FAMILIES
~~-1z-~5
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