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HomeMy WebLinkAbout08861 City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: April 13, 2015 TO: President Stephen G Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Luis Velez – Police Department SUBJECT: AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OFUNDERSTANDING (MOU) AND ADOPTION OF “A MULTI- DISCIPLINARY TEAM RESPONSE GUIDE FOR CHILD SEXUAL ASSAULT INVESTIGATIONS AND PROSECUTIONS IN THE TENTH JUDICIAL DISTRICT” BETWEEN THE AGENCIES AND PROFESSIONALS INVOLVED IN THE CHILD PROTECTION SYSTEM IN COLORADO’S TENTH JUDICIAL DISTRICT-PUEBLO COUNTY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: The purpose of this agreement is to enhance the ability of agencies, organizations, and individuals to implement coordinated efforts are assisting children and families in child abuse cases. PREVIOUS COUNCIL ACTION: No previous action exists regarding this MOU however this type of agreement has been ongoing for years, in an unspoken format. BACKGROUND: The mutual agreement concept, which utilizes an interagency approach involving the agencies and professionals in Colorado's Tenth Judicial District, is necessary for the public safety of the citizens of Pueblo, and to provide for an appropriate and timely response to incidents involving matters of child abuse and neglect. FINANCIAL IMPLICATIONS: Administration of this MOU will require staff time within the Police Department to work cooperatively with the agencies and professionals in Colorado’s Tenth Judicial District. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for this MOU. ALTERNATIVES: Decline the opportunity to work together, hindering service to our citizens and their children. RECOMMENDATION: Approval of the Ordinance. Attachments: MOU Concerning “A Multi-Disciplinary Team Response Guide for Child Sexual Assault Investigations and Prosecutions in the Tenth Judicial District” ORDINANCE NO. 8861 AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING (MOU) AND ADOPTION OF “A MULTI-DISCIPLINARY TEAM RESPONSE GUIDE FOR CHILD SEXUAL ASSAULT INVESTIGATIONS AND PROSECUTIONS IN THE TENTH JUDICIAL DISTRICT” BETWEEN THE AGENCIES AND PROFESSIONALS INVOLVED IN THE CHILD PROTECTION SYSTEM IN COLORADO’S TENTH JUDICIAL DISTRICT-PUEBLO COUNTY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept the MOU between the agencies and professionals involved in the child protection system in Colorado’s Tenth Judicial District-Pueblo County; and WHEREAS, acceptance of the MOU for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare, and safety of the citizens of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding, between the agencies and professionals in Colorado’s Tenth Judicial District, relating to the operation of “A Multi-Disciplinary Team Response Guide for Child Sexual Assault Investigations and Prosecutions in the Tenth Judicial District”, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute the Memorandum of Understanding on behalf of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective immediately upon final passage. INTRODUCED: _ April 13, 2015 BY: Chris Nicoll PASSED AND APPROVED: April 27, 2015 PUEBLO CHILD ADVOCACY CENTER, INC. Memorandum of Understanding and Adoption of "A Multi-Disciplinary Team Response Guide for Child Sexual Assault Investigations and Prosecutions In the Tenth Judicial District" This agreement is made by and between the agencies and professionals involved in the child protection system in Colorado's Tenth Judicial District—Pueblo County. While each of the undersigned professionals and agencies has specific responsibilities in the treatment, protection, investigation and handling of children, it is acknowledged that the multidisciplinary team approach on matters of child abuse and neglect is the most positive approach to the ultimate resolution of the problems related to these difficult situations. Therefore, the purpose of this agreement is to enhance the ability of agencies, organizations, and individuals to implement coordinated efforts in assisting children and families involved in child abuse issues. In the interest of better serving children and their families, the Pueblo Child Advocacy center maintains a child-friendly facility with a comfortable, homelike atmosphere in which investigations are conducted. The Pueblo Child Advocacy Center is available to serve all children who are suspected or confirmed victims of sexual or physical abuse under the age of eighteen who live in the Tenth Judicial District of Colorado or are the victims of such crimes in Pueblo County. The Pueblo Child Advocacy Center shall not discriminate against any child or family because of race, creed, color, national origin, gender, sexual orientation, gender identity, marital status, religion, ancestry, or level of mental or physical ability. Known perpetrators and/or suspects of crimes against children are not allowed on the premises at the Pueblo Child Advocacy Center. The Pueblo Child Advocacy center operates under the philosophy that a team approach to the investigation, prosecution and treatment of child abuse is the least traumatic and most effective strategy for addressing the problem. The multidisciplinary team includes medical personnel, law enforcement personnel, child protective services, victim advocates, mental health professionals and prosecutors from the Tenth Judicial District as well as corollary services. The Pueblo Child Advocacy Center is the physical and philosophical focal point for the agencies and professionals in Pueblo County who work with abused children. It serves as the forum where agency representatives and professionals gather to assist victims and their families. By providing a multidisciplinary approach to the investigation of child abuse in a neutral, child-friendly atmosphere, the Pueblo Child Advocacy Center enhances the quality of services. It provides support for professionals and augments professional talents and community resources. Therefore it is acknowledged and agreed that: • All parties consider the protection of children a priority and all reasonable efforts will be made to facilitate the reporting, investigation, prosecution and treatment of child abuse. • All parties desire to cooperate in providing services to the best of their ability in congruence with the "MDT Response Guide." • All parties understand that protocols in the "MDT Response Guide" adhere to the Colorado Children's Code, Colorado Criminal Statutes and the National Children's Alliance standards for accredited membership. • All parties understand that this agreement in no way shall be construed to: • Limit law enforcement's authority to investigate reports of child abuse and neglect; • Limit the Pueblo County Department of Social Services' authority to respond to and investigate reports of child abuse and neglect nor limit Pueblo County Department of Social Services' authority to make all subsequent decisions on behalf of children placed in protective custody; • Mandate the activities of respective agencies • But, rather is an indication that parties will utilize best efforts to comply with the intent of this agreement. The Pueblo Child Advocacy center "MDT Response Guide" is for the use of participating professionals and agencies and does not apply in any criminal or civil proceeding. The Guide should not be construed as a creation of a higher level standard of safety or care with respect to any civil claim or criminal matter. Deviations from the Guide will only form the basis for further discussion directed by the Multidisciplinary Team for coordination among professionals who work within the child protection system. Given the above understanding, all parties and their employees shall comply with the spirit in which the "MDT Response Guide" is written. This agreement is in effect until recommended revisions by the Multidisciplinary Team require new agreements, all parties terminate this agreement and/or any party terminates its participation in this agreement. The agreement shall be renewed periodically through dated signatures by representatives of the applicable agencies. Any intent to terminate this agreement should be presented in writing to the Pueblo Child Advocacy Center and the cooperating agencies at least sixty days prior to termination of participation. Signature / nate �, ‹ :751rt-.(31_,ULA..t/ . -: • ity Council District Attorney's Office, 10`h Judicial District Stephen G. awro i , President Jeff Chostner, District Attorney Pueblo Coun heriff's Office Pueblo Co I = partment of Social Services Kirk T- eriff Tim - Exec • e Director 1 . Spanish ea - Behavioral Heal C-,d,-r 'ueb o ild Advocacy Center Medical Team Dorot Perry, Chief Ex uti e Offic- Dr. Todd White .._ 0, 't / 3-020....,5 \\(-,- _, \ .,....._,_.,..„ Pueblo Child Advocacy enter/ if Pueblo Child Advocacy Center Board Dena Rodriguez, Executive Direc .r Valerie Shisler, President