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HomeMy WebLinkAboutbocc.con.227.22 - BOCC 1 MEMORANDUM OF UNDERSTANDING 2022 Between District Attorney’s Office for the 9th Judicial District Pitkin County Human Services Pitkin County Sheriff’s Office City of Aspen Police Department Town of Snowmass Village Police Department Town of Basalt Police Department River Bridge Regional Center Subject: A cooperative agreement among the above-named agencies and entities as the Multidisciplinary Team (MDT) to coordinate the responsibilities of the MDT in connection with the investigation of child abuse cases or cases in which a child was witness to violence to ensure the best protection of the child victim, to promote the ends of justice and to support the utilization of the River Bridge Regional Center (RBRC) to best meet the complex needs of the child who has been abused. Purpose: This Memorandum of Understanding (MOU) is to clarify and define the roles and responsibilities of the MDT in Pitkin County which is concerned with the investigation of child abuse. Through on-site collaboration and the use of a multi- disciplinary team approach, the goal of this MOU is to improve the welfare of children by providing services that include prevention, investigation, assessment, protection, physical assessments, and therapeutic treatment of children who are victims of abuse, and promote the successful prosecution of perpetrators who abuse children. The individual member execution of these responsibilities, in conjunction with the efforts of other MDT members, shall be defined in this MOU and the MOU Guidelines (Attachment A). The MDT approach, with services provided at the RBRC, shall serve to enhance the individual efforts of each agency. Through each of the respective agencies, and through public support and awareness, RBRC shall assist in unifying our community to ensure the protection of the children of Pitkin County against all types of abuse. 2 General Provisions 1. It is expressly understood that each MDT member shall work within its departmental and organizational mandate and policies. Nothing contained herein supersedes any federal law, the Colorado Revised Statutes, the Colorado Rules of Criminal Procedure, or rules and regulations governing each MDT member. 2. All MDT members agree to provide and/or utilize specially trained professionals with appropriate skills to handle cases of child sexual and physical abuse and neglect. 3. All MDT members shall notify involved parties of any relevant media involvement. 4. MDT members will implement and train its affected employees on accepted Protocols and Procedures relating to child abuse investigations approved by the MDT. 5. The MDT shall work together to identify strategies to raise public awareness regarding prevention, identification, investigation, intervention and treatment of child abuse. 6. Employees or any representatives of MDT members shall not represent themselves as employees or agents of each other. Nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, or to allow the parties to exercise control over one another or the manner in which their employees or agents perform the services which are the subject of this Agreement. 7. An MDT member shall not be responsible for the negligence or wrongful acts/omissions of another member, its officers, trustees, directors and employees. 8. Each MDT member shall assure that its insurance follows its employees, even if services provided by the employees are performed at RBRC. 9. MDT members providing services at RBRC, including forensic interviews, mental health services, victim advocacy, or forensic exams, shall not bill for services through or to RBRC. 10. This MOU and the MOU Guidelines (Attachment A) are intended to serve as guidelines only and shall not establish any contractual term or legal obligation on any party who executes this MOU. Nothing in the MOU or the MOU Guidelines shall be construed to waive, limit, or otherwise modify any 3 governmental immunity that may be available by law to any governmental entity who has executed this MOU, their officials, employees, contractors, or agents, or any other person acting on behalf of such governmental entity or entities and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. Nothing in the MOU the MOU Guidelines shall create or establish any third party beneficiary or any rights by third parties against any parties executing this MOU. Nothing in this MOU shall be construed to require any governmental entity which has executed this MOU to disclose any confidential record or fail to disclose any public record as may be required pursuant to applicable law. Special Provisions RBRC shall: 1. Provide working space for visiting members of the MDT team. 2. Arrange for funding for service provision by RBRC staff. 3. Provide family advocacy services for all referred families. Services are provided in collaboration and coordination with the other agencies on this MOU to ensure non- duplication as well as continuity of services. 4. Provide medical exams, consultation and education for all referred families as needed and accepted by the patient. 5. In conjunction with the MDT, RBRC may provide mental health assessment, education and referral for all referred families as necessary. 6. RBRC may be available to provide ongoing mental health treatment on site. 7. RBRC will ensure non duplication of services. 8. RBRC will ensure that children and families referred to RBRC are provided resources and services. 9. Own the medical examination equipment, technology and all other interior furniture located at RBRC. Law Enforcement Participating Agencies: 1Will follow the approved Guidelines (Attachment A) and other accepted policies and procedures when utilizing RBRC. 2May refer to RBRC to interview additional witnesses as necessary and appropriate. 3Will not knowingly or intentionally bring a suspected offender to the RBRC or reveal the location of RBRC. 4Will exercise final authority regarding all criminal investigative processes within their jurisdictions. Pitkin County Human Services (PCHS): 1. PCHS is responsible for children residing in Pitkin County. For children served through RBRC (specifically in intra-familial cases or abuse/neglect reported in child care facilities and out-of-home care settings). 4 2. PCHS will conduct assessments in cases that meet child welfare acceptance criteria, assess level of risk and coordinate treatment services for the children and their families. 3. Will follow the approved Guidelines (Attachment A) and other accepted procedures when utilizing RBRC. 4. Will not knowingly or intentionally bring a suspected offender to the RBRC or reveal the location of RBRC. 5. Exercise final authority regarding Child Protection in accordance with Volume VII, Colorado Department of Human Services rules (12 CCR 2509-3), and Title 19 of the Colorado Revised Statutes. 6. Work with the DA’s Office and MDT to coordinate cases when there is a related dependency and neglect action in order to assure that the best interests of the child are considered. 7. PCHS is responsible for case management when the case is accepted by PCHS for ongoing services. District Attorney’s Office for the Ninth Judicial District: 1. Will be notified by RBRC staff prior to a forensic interview. A representative from the DA’s office may observe an interview in order to provide insight into appropriate topics that need to be covered and to provide support to the team. 2. Assess the legal aspects of any criminal case in accordance with its prosecutorial role. 3. Provide Victim Assistance referrals and services in all appropriate cases. 4. Develop protocols, with input from MDT, for all phases of evidence preservation and duplication for audio and video interviews conducted at RBRC. 5. Work with the County Attorney’s Office and MDT to coordinate cases when there is a related dependency and neglect action in order to assure that the best interests of the child are considered. Effective Date, Modification and Termination Provisions 1. This Memorandum of Understanding shall be effective for RBRC and for each member upon signature by RBRC and that MDT member, and shall remain in effect for a period of three years from the date of the first signature. This agreement shall be considered to remain in effect unless termination provisions are initiated. 2. This Memorandum of Understanding shall only be modified with the written consent of all signatories. 3. Any MDT member seeking to withdraw from the Memorandum of Understanding must give thirty (30) days written notice to all other MDT members. 4. As additional agencies and entities become parties to the Memorandum of Understanding, they must agree to follow the guidelines and provisions outlined in this document by executing a supplemental signature page to this Memorandum of Understanding. 1 Attachment A Memorandum of Understanding Guidelines River Bridge Regional Center/MDT MOU Guidelines –Multidisciplinary Team (MDT) River Bridge Regional Center (RBRC) and Pitkin County, promote a multi-disciplinary approach to the treatment, investigation, and prosecution of child abuse cases. Our team members include the following agencies: • Pitkin County Sheriff’s Office • Pitkin County Human Services • 9th Judicial District Attorney’s Office • City of Aspen Police Department • Snowmass Village Police Department • Town of Basalt Police Department • River Bridge Regional Center All members of the MDT including appropriate RBRC staff, as defined by the needs of the case, are routinely involved in investigations and/or MDT interventions, such as: interviews, exams, referrals to therapy, and advocacy. The MDT works collaboratively from the point of report. This collaborative work includes first response, pre- and post-interview debriefings, forensic interviews, medical exams, consultations, advocacy, evaluation, treatment, case reviews, and prosecution. Each agency engaged in this MOU must operate under its own guidelines and mandates. RBRC is a separate and independent nonprofit organization and is NOT a government agency or an arm or agent of any investigative agency. MDT members are actively involved in attending case reviews, guidelines meetings, and follow an agreed upon process for collaborative intervention across the continuum of the case. This document specifies the need for a joint investigation from point of report through the completion of the investigation. This document and the referred to RBRC policies and procedures identifies how best to use RBRC as the local Child Advocacy Center. The RBRC and the MDT members ensure the timely exchange of relevant information among MDT members consistent with legal, ethical and professional standards of practice. RBRC staff and the MDT members agree to follow their own agency policies regarding state confidentiality laws. At each case review, all MDT members in attendance sign a confidentiality statement. More frequent case review can be requested at any time if the case needs more immediate decision making, minimizing duplicative efforts, and to maximize the opportunity for children and families to receive the services they need. 2 Annually RBRC sends out an electronic agency survey to all our MDT members to receive feedback in a more formal manner. The RBRC and the MDT participate in ongoing and relevant training and educational opportunities, including cross-discipline, MDT, peer review and skills-based learning. River Bridge Regional Center/MDT MOU Guidelines - Case Review A formal process in which multidisciplinary discussion and information sharing regarding the investigation, case status and services needed by the child and family is to occur on a routine basis. Please see RBRC Policy # 7 “Case Review”. • When the Pitkin County partner agencies’ caseload requires it RBRC will host the MDT case reviews. • Pitkin County case review will be held in Pitkin County. • Pitkin County case review will be held as needed which is typically once every other month. • Due to the geographical region of Western Eagle County being in close proximity to Pitkin County agencies and services there will be times when a case that involves the 5th Judicial District Attorney’s office and/or Eagle County Sheriff’s office and/or Eagle County Department of Human Services will be on the Pitkin County case review agenda. In these situations, Eagle County agencies will be invited to attend and may choose to attend by phone due to the travel distance. • Accommodations will be made for phone conferencing if travel is not practical. • It is strongly suggested that all agencies (LE, PCHS, DA, Advocates, Medical, Mental Health, and the CAC) involved in the investigation of a case attend the initial case review following the Forensic Interview to present the case as a new case to the entire MDT. After the new case presentation all parties shall be asked to join follow up case reviews to present any relevant changes, advances or resolution to the case. • The Director of RBRC will be the facilitator and the RBRC MDT Coordinator will assist with compiling the agenda and scheduling the meeting. • All participants will sign the confidentiality document at the beginning of each meeting and this document will serve as an attendance sheet. • RBRC will share an agenda prior to each meeting identifying the cases to be reviewed. • After each case review, any follow-up action items will be added to the next agenda. • Any MDT member can request a case to put on the agenda with advance notice to RBRC. 3 River Bridge Regional Center/MDT MOU Guidelines -Forensic Interview Forensic Interviews are conducted in a manner that is legally sound, of a neutral, fact finding nature, and are coordinated between agencies to avoid duplicative interviewing. Please see RBRC Policy # 3 “Forensic Interview Services”. All children who are alleged to be victims of sexual abuse should be referred to RBRC. Additionally, RBRC accepts referrals for children who are alleged to be victims of physical abuse, neglect, drug endangerment, exposure to violence, other maltreatment, or witnesses to crimes, at the discretion of the investigator(s). RBRC may also accept referrals for vulnerable adults who are alleged victims of abuse and/or neglect. These referrals are accepted on a case by case basis to be discussed with RBRC staff and investigators to ensure the referral is both appropriate and beneficial to the client. Coordinating child abuse investigations and scheduling a forensic interview: In intra-familial abuse allegations the lead shall be taken by PCHS and in third party abuse allegations the lead shall be taken by the appropriate law enforcement agency. In all cases both agencies shall collaborate and coordinate services. Cross reporting between agencies shall occur prior to referral to RBRC for a forensic interview. RBRC requires that the partner agency is informed prior to notification of an interview being sent out by River Bridge. RBRC and the MDT coordinate information gathering to avoid duplication. This is done by communicating before and after the forensic interview, sharing of written and recorded information, participating in the regular case reviews, having team members share written summaries and histories, and avoiding duplicative interviews. All medical and mental health information is shared with the MDT investigation in a timely manner. River Bridge Regional Center/MDT MOU Guidelines - Medical Exams Medical evaluations using photographic documentation and standards of care by Sexual Assault Nurse Examiners (SANE) are routinely made available to RBRC child abuse clients and coordinated with the Multidisciplinary Team Response. All RBRC children and adolescents will be assessed to determine the need for a medical SANE evaluation. Please see RBRC Policy # 5 “Medical Exams & Treatment”. • RBRC accepts requests for SANE exams from LE or PCHS. • RBRC also accepts referrals for medical consultation and/or education which may or may not include a physical examination. 4 • Medical services shall be discussed with the attending MDT immediately following a forensic interview. The team will agree upon referrals and indicate this agreement on the “Post FI” paperwork. • Medical services provided will be reviewed with the team at any follow up case review meetings. • The cost of medical services for children and adolescents seen at River Bridge is covered by separate funding obtained by the nonprofit organization. As long as RBRC is able to obtain funding to cover the cost of this service, RBRC will not bill the requesting agency. Exams for patients over the age of 18 will be billed to the requesting agency. • Families will never be charged a fee for medical services at RBRC. • Any child with life threatening, urgent or emergent conditions will be referred and treated first at the nearest hospital. River Bridge Regional Center/MDT MOU Guidelines -Family Support and Advocacy Family Support and Advocacy services are routinely made available to all RBRC/MDT clients and their non-offending family members as part of the multidisciplinary team response. Victim services will be provided to child victims and their non-offending family members, irrespective of the outcome of the case. Please see RBRC Policy # 4 “Family Advocacy”. The RBRC Advocates coordinate services with all other partner agencies to assure non- duplication of services and to avoid any gaps in service. The RBRC Advocates attend case reviews, communicate and coordinates with the MDT to avoid duplication and performs any follow up services for victims as identified in the case review meetings. The RBRC Advocates provide follow-up to all RBRC clients by phone or in writing on a routine basis (one week, 3 months, 6 months intervals and on an as needed basis). The RBRC Advocates are available to attend court with families and assist other advocates in the investigation and prosecution process as needed. Following a forensic interview, RBRC staff assures the team has filled out the “post Forensic Interview” referral form regarding any recommendations for medical and/or mental health services. RBRC Advocates will facilitate or assist with any follow-up on these referrals. River Bridge Regional Center/MDT MOU Guidelines – Diversity Equity and Inclusion (DEI) DEI services are routinely made available to all RBRC clients and coordinated with the Multidisciplinary Team Response. It is the intention of RBRC and the MDT that all children and families from all backgrounds feel welcomed and acknowledged by staff, MDT members, and volunteers, 5 regardless of their appearance, background, language, or beliefs. The RBRC/MDT team provides services to a diversified target population regardless of age, race, color, religion, national origin, ancestry, gender, marital status, sexual orientation, physical or mental challenges, socio-economic status or any other cultural descriptors. RBRC services are provided free of charge to victims and their families. Please see RBRC Policy # 2 “Diversity Equity & Inclusion”. River Bridge Regional Center/MDT MOU Guidelines- Mental Health Services Specialized Trauma-Focused Mental Health Services, designed to meet the unique needs of the children and non-offending family members, are routinely made available as part of the River Bridge Regional Center and the multi-disciplinary team response. Mental Health services are provided by professionals with pediatric experience and child abuse expertise. RBRC has one therapist on staff. Additionally, RBRC has linkage agreements in place with community clinicians who meet the criteria and requirements set by National Children’s Alliance for evidence based and trauma focused treatment. Please see RBRC Policy # 6 “Mental Health Component”. • Referrals for trauma assessment and specialized trauma-focused mental health services to children and non-offending family/caregivers will routinely be made as part of the multidisciplinary team response. • Other mental health services may be provided as determined by the MDT. • All mental health services and follow up are offered in coordination and in collaboration with the MDT. • Following the forensic interview, the team present (including PCHS and LE) will assess the needs of the child and non-offending caregivers. • If it is determined that there is a need for a mental health assessment, a referral may be made to a on-site mental health specialists and/or a local referral will be given. The “post FI” referral form will be filled out by the team and given to RBRC staff for follow-up. Follow up by RBRC includes ensuring that referred clients are engaged or aware of services available. • • In order to eliminate barriers to accessing mental health services the on-site mental health coordinators will coordinate with local providers to ensure appropriate and effective treatment for sexual abuse survivors at a location determined by the client. Referred treatment providers will use a client centered approach based on the needs of the child. • If it is determined by the investigative team that the child and/or family member is in crisis and their safety is at risk there will be an immediate referral made to an appropriate mental health crisis provider. It will be the PCHS caseworker and/or Law Enforcement’s role to call for an emergency evaluation, following the respective agency’s protocol, for clients presenting suicidality and/or risk to others. • The RBRC mental health coordinator may be referred to provide ongoing mental health treatment to Pitkin County families on a case by case basis. RBRC mental health treatment is provided on site at River Bridge. 6 River Bridge Regional Center/MDT MOU Guidelines - Safety and Child-Focus River Bridge Regional Center (RBRC) will provide a safe, secure environment for children and families. Known and alleged offenders, age 18+ will not be permitted on the premises. Juveniles identified as possible victims who are also alleged offenders may be provided services on site as a victim. These children are permitted with restrictions and as needed for investigation and treatment purposes. In these situations, LE and PCHS agencies referring to the RBRC agree to comply with the following: • Notify the RBRC Director and/or RBRC staff by phone, e-mail or in-person when aware a juvenile victim/offender will be on the RBRC premises. The juveniles will only be provided services as the victim of an alleged child abuse crime. • When requesting a victim Forensic Interview or victim SANE exam, the LE or PCHS staff requesting the interview will notify RBRC via phone or in- person that the victim is or may also be a juvenile offender. The interview will need to be scheduled when no other children are expected on the premises. • At no point will the alleged offender child be left unsupervised while on River Bridge premises. River Bridge Regional Center/MDT MOU Guidelines – Problematic Sexualized Behavior (PSB) RBRC makes the commitment to ensure that children identified as having problematic sexualized behaviors and their families are provided support, education, and services to assist in preventing further behavior problems. Our goal is to facilitate collaboration, cooperation, and coordination among MDT members to ensure children and families are provided services for healing and to hopefully prevent further abuse and neglect. Please see RBRC “PSB Response Guidelines”.