Loading...
HomeMy WebLinkAboutAdult Protective Investigation AGR~,MENT The Undersigned Law Enforcement Agencies and the Adult Protective Investigations Program of the Department of Children and Families The undersigned agency(ies) agree to the following: A. PURPOSE The purpose of this agreement is to coordinate services of the law enforcement agency(ies) within Indian River County and Adult Protective Investigations, through cooperation, collaboration, and the sharing of appropriate information. This agreement recognizes operational protocols for the joint investigation of abuse reports involving both criminal and adult protective allegations. Such protocols may be addressed herein or be supplemented by a document in writing signed by the parties hereto whenever procedures are needed. k is the objective of this document to: I. Facilitate standard, consistent and thorough investigations of allegations of abuse, neglect, or exploitation of vulnerable adults; 2. Maximize resources through a joint investigative process; Coordinate wherever possible interviews of vulnerable adults who are victims of abuse, neglect, or exploitation to minimize unnecessary inconvenience to the victim; 4. Facilitate the orderly collection of evidence in the criminal investigative process; 5. Ensure the provision of appropriate services when deemed necessary for vulnerable adults; and, Provide a forum for on-going communication and resolution of issues involving the safety of vulnerable adults in this community and to foster an effective collaboration among: a. Law enforcement; b. Office of the State Attorney; c. Judiciary; d. Domestic violence providers; e. Adult Protection Team; f. Department of Children and Families; and, g. Indian River County SherifFs Office B. DEFINITIONS "Adult Abuse": Any willful act or threatened act that causes or is likely to came significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes acts and omissions. [Florida Statute 415.102(1)] "Adult Exploitation": A person who: 1. Stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or, 2. Knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult. "]Exploitation" may include, but is not limited to: 1. Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property; 2. Unauthorized taking of personal assets; 3. Misappropriation, m/suse, or transfer of moneys belonging to a vulnerable adult from a personal or joint account; or 4. Intentional or negligent failure to effectively use a vulnerable adult's income and assets for the necessities required for that person's support and maintenance. [Florida Statute 415.102(7)] "Vulnerable Adult In Need of Services": A vulnerable adult who has been determined by a protective investigator to be suffering from the ill effects of neglect not caused by a second party perpetrator and is in need of protective services or other services to prevent further harm. [Florida Statute 415.102 (27)] "Adult Neglect": The failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider essential for the well-being of a vulnerable adult. Also means the failure of a caregiver to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. Also repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death. [Florida Statute 415.102 (15)] 2 "Capacity to consent": A vulnerable adult has sufficient understanding to make and communicate responsible decisions regarding the vulnerable adult's person or property, including whether or not to accept protective services offered by the department. [Florida Statute 415.102 (3)] "Caregiver": A person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a vulnerable adult on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person or that person's guardian that a caregiver role exists. "Caregiver" includes, but is not limited to, relatives, household members, guardians, neighbors, and employees and volunteers of facilities. "Caregiver" does not include law enforcement officers or employees of municipal or county detention facilities or the Department of Corrections while acting in an official capaff~ty. [Florida Statute 415.102(4)] "Domestic Violence": "Means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member." [Florida Statute 741.28, in part] "Emergency Protective Services Intervention": The provision of emergency services to include, entry of premises, removal from premises, and medical treatment to a vulnerable adult who (1) is suffering from abuse or neglect, (2) presents a risk of death or serious physical injury and, (3) lacks the capacity to consent to emergency protective services. If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, such services may not be provided. [Florida Statute 415.1051(2)] "Joint Investigation": The coordination of a criminal investigation being conducted by the JO Agency and a protective investigation being conducted by the Department of Children and Families. "Law enforcement Agency of Jurisdiction where a victim is located (JV Agency)" : The law enforcement agency who assists the law enforcement agency uf jurisdiction over the offense. "Law Enforcement Agency o f Jurisdiction over the offense (JO Agency)": The law enforcement agency, which will conduct the criminal investigation. "Protective Investigation": A fact finding and emergency service engagement process with the primary goal of protecting vulnerable adults (Disabled adults or elderly persons). "Vulnerable Adult": A person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, physical, or developmental disability or dysfunctioning, or brain damage, or the infirmities of aging. [Florida Statute 415.102(26)] C. INVESTIGATIVE PROCEDURES The Florida Abuse Hotline, known as the "Hotline", of the Florida Department of Children and Families (DCF) is responsible, as required by Florida Statute 415, for accepting reports of abuse, neglect, or exploitation of vulnerable adults and transmitting each report to the county where the vulnerable adult (victim) is located. The DCF adult protective investigator (Al>I) shall immediately orally notify, as required by Florida Statute 415, the undersigned law enforcement agency when the department has reason to believe that abuse, neglect, or exploitation has occurred and was perpetrated by a party other than the vulnerable adult (victim). Following the oral notification, the AP1 will, within 5 days, deliver or transmit a copy of the abuse report to the undersigned law enforcement agency or to the law enforcement officer assigned to the criminal investigation. If an emergency response for a law enforcement officer is necessary, the API shall notify the appropriate law enforcement agency by contacting the communication section at (772) 589-5233. The A.PI will immediately notify, as required by Florida Statute 415, the undersigned law enforcement agency in writing when there is reasonable cause to suspect that a vulnerable adult (victim) died as a result of abuse, neglect, or exploitation. The undersigned law enforcement agency(ies) will review the abuse report and determine whether a criminal investigation is warranted. If a criminal investigation is initiated, the law enforcement agency will be the lead agency in the criminal investigation, and it shall be coordinated with the adult protective investigation to proceed concurrently with, and not be hindered by, the protective investigation. Evidence gathered in criminal investigations will be handled according to the procedures of the JO Agency. If, during the course of a protective investigation being conducted by the Department of Children and Families, the JO Agency determines that a criminal investigation is warranted, then the undersigned agencies agree to conduct a joint investigation. During the course of such investigations, the parties hereto agree to share information, whenever possible. Any information received from the JO Agency by the Department of Children and Families will become a permanent part of the case record and as such is confidential and shall be exempt from production pursuant to s. 119.07 (i) and may not be disclosed except as specifically authorized by ss.415.101-415.113, in accordance with s.415.107(1),F.S. 6. If the JO law enforcement agency(ies) request that the APl not interview the possible responsible person, that request shall be honored. The API must then 4 document the date and the time of the request, the person making the request and the reason for the request. The JO law enforcement agency(ies) agree to advise the API when the interview may be conducted and will, when appropriate, share the results of any interview conducted by the JO law enforcement agency(ies). Every effort will be made to preserve the confidentiality of the criminal investigation. The API will be responsible for assessing the immediate safety of the vulnerable adult. If the API determines the vulnerable adult is in need of emergency protective services, law enforcement may be contacted for assistance; The law enforcement officer on the scene may provide transportation if medical transportation is not available. It shall be the responsibility of the AP1 to determine the need for and request any social services deemed necessary to support the vulnerable adult. The undersigned law enforcement agency(ies) will provide input and/or recommendations to the API. The DCF Program Administrator and the undersigned law enforcement agency(ies) will develop, implement, and provide training on these joint investigative protocols, protocols for the assessment of domestic violence during abuse investigations, and the assessment of abuse during family violence investigations. This agreement, with any attachments, is pursuant to Florida Statute, 415.1045(6), and is intended to constitute the necessary and written protocols as set forth therein, and includes: a. Information governing response to abuse, neglect and exploitation reports or investigations, b. An assessment of risk by the Department of Children and Family Services, and c. Release and maintenance of records and other information. 10. Should any conflicts occur: a. During a protective investigation, resolution shall be attempted at the lowest ranking levels possible, and consideration shall be given to the following items: 1. The welfare of the vulnerable adult, and 2. The thoroughness and integrity of the criminal investigation, and 3. The thoroughness and integrity of the adult abuse investigation. b. During a criminal investigation, the JO law enforcement agency shall prevail. D. SHARING INFORMATION Pursuant to section 415.1045 (6) F.S., the JO law enforcement agency(ies) conducting any criminal investigation arising from an allegation of abuse, neglect, or exploitation of a vulnerable adults is authorized to share with APIs Florida criminal history information accessed through the Florida Crime Information Center. The Department of Children and Families agrees not to further disseminate this information in the absence of an Order from a court of competent jurisdiction requiring it to do so. a. Such information may be used only for the furtherance of a specific adult protective investigation, including the emergency placement of a vulnerable adult. Information is defined in D.2 below. b. Such information will be timely provided without charge. c. Such information may be provided by the assigned criminal investigator or through a component of the undersigned law enforcement agency(ies) as determined by local protocol. d. The release of such information will be documented in accordance with applicable FDLE FCIC procedures. Within statutory guidelines, the undersigned law enforcement agency(ies) will, upon request, provide to the designated API a copy of all initial law enforcement reports pertaining to a vulnerable adult (victim) or possible responsible person under investigation to the extent that the documents are public records and are not part of an active criminal investigation, including one relating to domestic violence. Narrative descriptions and any subsequent, supplemental, or related reports will be provided. These reports would also include those in which a vulnerable adult is present when family violence occurs, even if the vulnerable adult is not the victim. After the case has been closed or presented to the state attorney, the JO law enforcement agency(ies) will, within five (5) working days after completing their investigation, provide to the designated API a report of the criminal investigation findings. Within statutory guidelines, the AP1 will provide copies of protective investigation reports to the law enforcement agency(ies) assigned to conduct the criminal investigation. Any reports shall be provided without cost to the law enforcement agency(ies). Copies of these reports shall include the identity of the reporter, which remains confidential pursuant to Florida Statute 415. o All information, reports, documents, etc., provided under the provisions of this agreement that become a part of a Department of Children and Fa_m/lies case record is confidential and shall be exempt from production pursuant to 119.07 (1) and may not be disclosed except as specifically authorized by ss.415.101-415.113, in accordance with s. 415.107(1), F.S. E. COORDINATION OF PRELIMINARY VICTIM CONTACT BETWEEN LAW ENFORCEMENT AGENCIES: The jurisdiction of the victim-location (JV) agency, and the jurisdiction of offense-location (JO) agency. Because victims are sometimes found in a jurisdiction other than the jurisdiction in which an alleged offense occurred (such as a hospital emergency room, or a nursing home facility), the undersigned law enforcement agency(ies) further agree to coordinate initial inquiries, and preliminary investigations. In these cases, the agency having jurisdiction where the victim is located (JV agency) shall, if requested by any of the undersigned agencies, have a law enforcement officer respond and conduct a preliminary inquiry to establish sufficient facts upon which the case may be evaluated, giving particular attention to the severity of the alleged offense, the availability of witnesses, and the existence of physical evidence which requires timely handling. Once the preliminary inquiry is conducted, an immediate notification shall be given by the JV agency to an on-duty supervisor of the agency having jurisdiction where the alleged offense occurred ($0 agency). The JO agency is responsible for further investigating the criminal act(s). The JO agency shall promptly inform the IV agency what type of response will be made and when the response will occur. The JO agency may request the JV agency conduct a preliminary interview of the victim and witnesses, and other activities associated with a prehminary investigation. If the IV agency conducts an investigation, the investigating officer shall prepare a written report, "Assist Other Agency", and shall send it to the JO agency's case agent, or appropriate component, as soon as possible. CANCel J.ATION. This agreement shall continue until any party hereto chooses to withdraw by providing thirty days written notice to the other agency(ies) or until either party requests an amendment. Nothing in this agreement shall supercede any state or federal statutory or regulatory requirements. IN WITNESS WHEREOF, the parties hereto cause this eight-page agreement to be executed by their undersigned officials as duly authorized. SEBASTIAN POLICE DEPARTMENT SIGNED ~ ~ TITLE: C~cf of Ponce FLORIDA DEPARTMENT OF CHILDREN AND FAMII.IES BY: ~ NAME: Vern Melvin TITLE: District Administrator