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HomeMy WebLinkAbout08868 ORDINANCE NO. 8868 AN ORDINANCE APPROVING A MUTUAL AID MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN TH PUEBLO COUNTY SHERIFF’S OFFICE (PCSO), THE 10 JUDICIAL DISTRICT ATTORNEY’S OFFICE (DA), THE PUEBLO COUNTY DEPARTMENT OF SOCIAL SERVICES (DSS) AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, 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 Sheriff of th Pueblo County, the 10 Judicial District Attorney, the Pueblo County Department of Social Services, and the City of Pueblo; 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 Pueblo County Sheriff’s Office, th the 10 Judicial District Attorney’s Office, the Pueblo County Department of Social Services, and the City of Pueblo, a Municipal Corporation, relating to the inter-agency assistance, 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 27, 2015 BY: Dennis Flores PASSED AND APPROVED: May 11, 2015 City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: April 27, 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 OF UNDERSTANDING (MOU) BETWEEN PUEBLO COUNTY SHERIFF’S TH OFFICE (PCSO), THE 10 JUDICIAL DISTRICT ATTORNEY’S OFFICE (DA), THE PUEBLO COUNTY DEPARTMENT OF SOCIAL SERVICES (DSS) AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: Whether to approve the Memorandum of Understanding to enhance an interdisciplinary approach and protect the children of Pueblo County, between the PCSO, the DA, DSS, and the Pueblo Police Department. This agreement sets for the respective roles and responsibilities in joint investigations and allows for special requests by one agency for assistance from another agency. PREVIOUS COUNCIL ACTION: Previous MOUs of this nature, between other agencies, have routinely been approved each time. BACKGROUND: The mutual agreement concept, which utilizes an interagency approach involving the primary law enforcement agencies of Pueblo and DSS, is necessary for the public safety of the children of Pueblo County, and to provide for an appropriate and timely response to incidents involving child abuse/neglect. FINANCIAL IMPLICATIONS: There are no financial implications involving this MOU. 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. RECOMMENDATION: Approval of the Ordinance. Attachments: MOU Concerning Agency Assistance with Child Abuse/Neglect MEMORANDUM OF UNDERSTANDING PUEBLO POLICE DEPARTMENT (CITY OF PUEBLO)—PUEBLO COUNTY SHERIFF'S OFFICE—PUEBLO COUNTY DEPARTMENT OF SOCIAL SERVICES — 10th JUDICIAL DISTRICT ATTORNEY Child abuse and neglect are community problems requiring a cooperative response by law enforcement and child protection. In order to enhance the interdisciplinary approach and protect the children of Pueblo County, the following has been agreed upon by and between the Pueblo County Sheriff's Office, the Pueblo Police Department, the 10th Judicial District Attorney's Office, and the Pueblo County Department of Social Services (DSS). A. Purpose. This agreement sets forth the respective roles and responsibilities in joint investigations and allows for special requests by one agency for assistance from another agency. B. Intra-Familial Abuse and Neglect Cases. The Pueblo County Department of Social Services is responsible for coordinating the investigations involving intra-familial abuse and neglect. Where law enforcement involvement is needed and appropriate, investigations will be done in conjunction with either the Police Department or the Sheriff's Office, depending upon the appropriate jurisdiction. To the extent permitted by law, there will be open communication between both agencies involved in the investigation, to include sharing of documents related to the case as needed for assessment of safety for the involved child/children. Law enforcement will make the determination as to whether criminal action is warranted. The question of whether immediate protective custody of the child/children is warranted will be determined jointly between law enforcement and DSS. Then DSS will report findings to the Child Protection Team and will be responsible for any treatment issues identified through assessment and/or investigation. C. Third party Abuse and Neglect. The Pueblo Police Department or Pueblo County Sheriff's Office will be responsible for the coordination and investigation of all third party abuse and neglect matters, as defined by statute. A copy of the resulting law enforcement investigative report will be forwarded to DSS, and DSS will determine whether the case is appropriate for additional follow up or assessment if required and allowed by statute and Colorado Volume 7, or presentation to the Child Protection Team. D. Reports Requiring Joint Review and Investigations. Initial reports of sexual abuse, physical abuse and severe neglect are to be reviewed by DSS and the Pueblo Police Department or Pueblo County Sheriff's Office to determine the need for a joint investigation. E. Discretionary Joint Review and Investigation. Other reports that may require a review and joint investigation are: 1. Death of a child with surviving siblings. Law enforcement will also coordinate investigations with the Coroner's Office. 2. Need for protective custody of a child/children. 3. The existence of a potential danger to a child protection worker. 4. Non-familial sexual abuse when the alleged perpetrator has children under the age of 18. 5. Abuse or neglect in an out-of-home placement facility or day care. 6. When there is reason to believe that a crime was committed and there are protection issues. 7. Third party reports when there are protective issues and law enforcement requests child protection assistance. F. Joint Investigation Requirements. Joint investigations will require: 1. Record checks, as appropriate and requested, by agencies involved. 2. Interviews of the alleged victims, siblings and parents to be conducted at the Pueblo Child Advocacy Center when feasible. 3. The alleged perpetrator to be interviewed at a place designated by law enforcement. 4. Medical exams, when indicated, to be arranged as appropriate by any party. G. Other Responsibilities of Investigators. Other responsibilities of the investigators will be: 1. All reports will be investigated within statutory requirements. When law enforcement is not available, DSS will assess and notify law enforcement as immediately as possible. 2. DSS will be available 24-hours a day to respond to reports or make arrangements for law enforcement to investigate. 3. The alleged perpetrator will be interviewed by both agencies on all intra-familial reports. 4. Law enforcement will coordinate investigations with the District Attorney's Office. Video and audio taped interviews will be coordinated by the District Attorney's Office, law enforcement and as requested by Social Services. 5. Law enforcement will proceed with interviews and other pertinent parts of the investigation if DSS is not available to participate and will inform DSS as appropriate where the investigation results affect child safety. 6. DSS will forward all appropriate reports to the District Attorney as requested. If the alleged perpetrator refuses to be interviewed then DSS will notify the perpetrator of the allegation and document all efforts made to interview the alleged perpetrator. This Agreement is approved with the understanding that all reports of abuse and neglect are unique and may require alternative procedures for completion of the investigation. Use of alternative procedures will be clearly communicated between agencies and may be reviewed as needed through joint meetings. Y: 41111111. DATE: Stephen G. Nawrocki, City Council President City of Pueblo, o.•rad• BY: �/ DATE: 44141-1-kg e Kirk M. Taylor, Sheriff PPttebiterotnt*y-BepartmentofSeeiai-Ser +ees Pueblo County Sheriff's Office BY: DATE: I 1 Jeff Chostner, District Attorney 10th Judicial District BY: - -.-.� DATE: 6/4/l5 itiTk-ivtitytar, kreri Tim Hart, Director Pheb1 CowxtySherif s..1£fice Pueblo County Department of Social Services