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HomeMy WebLinkAboutChild Abuse or NeglectMEMORANDUM OF UNDERSTANDING/WORKING AGREEMENT Sebastian Police Department and the Department of Children and 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 Indian River 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 B. DEFINITIONS law enforcement state attorney judiciary guardian ad litem domestic violence providers child protection team /child advocacy centers local school system Department of Juvenile Justice Department of Children and Families (DCF) "Abandoned" means 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" means 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 parent, 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. "Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, or any criminal offense 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, embarrassing, or harming another person; (b) personal financial gain for the reporting person; (c) acquiring custody of a child; or (d) personal benefit for the reporting person in any other private dispute involving a child. The term "false report" does not include a report of abuse, neglect, or abandonment of a child made in good faith to the central abuse hotline. [39.01(29), 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 persons who have a child in common regardless of whether they have been married or have resided together at any time. "Joint Investigation Two agencies conducting concurrent criminal and protective investigations. "Neglect" occurs when the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment or permits a child to live in an environment when such deprivation or environment causes the child's 2 physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. [39.01(44), F.S.] "Protective Investigation" means 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 of whether action by the court is warranted; the determination of the disposition of each report without court or public agency action when appropriate; and the referral of a child to another public or private agency when appropriate. [39.01(58), F.S.] C. INVESTIGATIVE PROCEDURES 1. The Department of Children and Families shall immediately notify the Sebastian Police Department as required by Section 39.301(2). Florida Statutes, when a report of known or suspected child abuse, abandonment, or neglect is received and suspected to have occurred in the city of Sebastian, Indian River County. The Sebastian Police Department shall review the report, determine whether a criminal investigation is warranted and notify the local Department of Children and Families Office in Indian River County. 2. The Department of Children and Families Child Protective investigator retains the responsibility for notifying the Sebastian Police Department as required by Sections 39.301(17), Florida Statutes, 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 has 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(67) F.S.; f. a child is the victim of institutional abuse as defined in Section 39.302(1), F.S.; g. a child is being removed from the home. h. a child is known or suspected to be a victim of human trafficking, as provided in s. 787.06. 3. The Child Protective Investigator shall immediately' notify, by either telephonic or electronic means, the Sebastian Police Department that the Department of Children and Families has learned of a situation covered by Section C.2 of this agreement. A full written report will be delivered to the Sebastian Police Department within three working days. 4. As required by Section 39.306, F.S., the Sebastian Police Department will assume lead in conducting any potential criminal investigations involving children in cases specified in Section C.2 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 Sebastian Police Department. 3 5. The agencies agree to conduct a joint investigation. During the course of such investigations, the agencies agree to share information on an on -going and 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 for most situations. There are also situations which may require an immediate response due to the nature of the allegations. 6. If the Sebastian Police Department requests that the protective investigator not interview the alleged perpetrator, 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. The Sebastian 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 Sebastian Police Department. 7. 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. 8. In reports that have been determined to be false, as defined in Section 39.01(29), F.S. and Section B of this agreement, the Department of Children and Families will refer to the Sebastian 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 Sebastian Police Department for all responses during the pending criminal investigation. 9. Unless otherwise specified in this written agreement or required by law, all reports of alleged abuse or neglect of a child will be taken by the DCF Abuse Hotline for the area under the jurisdiction of the law enforcement agency signing this agreement, which shall then be transmitted to the local Department of Children and Families Office in Indian River County for investigation. 10. The Florida Abuse Hotline shall be responsible, as required by Section 39.201(2)(b), F.S., for transferring all calls with information that a child has been harmed by a non caretaker to the Sheriff of the county in which the harm occurred. a. The Sheriff will be responsible for establishing procedures for accepting such information including any follow -up hard copy report from DCF, and transferring it to any other appropriate law enforcement jurisdiction. b. The law enforcement agency designated to receive non caretaker abuse calls for the city of Sebastian, Indian River County is the Indian River County Sheriffs Office; the phone is (772) 569 -6700. Hard copies of DCF reports documenting child -on -child sexual allegations will be forwarded to Indian River County Sheriffs Office, Sheriff Deryl Loar 4055 41 Avenue, Vero Beach, Florida, 32960 within 48 hours of receipt. 4 1 The Department of Children and Families and the Sebastian Police Department shall develop, implement, and provide training on joint investigative protocols and protocols for the assessment of family violence during abuse investigations and the assessment of abuse during family violence investigations. 12. If the Sebastian Police Department receives information of an abandoned newborn infant as described in s. 383.50 and there is no indication of abuse, neglect or abandonment of the infant other than that necessarily entailed in the infant having been left at a fire station or hospital, the Sebastian Police Department will assure that the infant is taken to the hospital for a medical examination and to determine if the infant is seven days of age or less. The report shall not be considered a report of abuse, neglect, or abandonment solely because the infant has been left at a hospital pursuant to s. 383.50. If the infant meets the criteria of abuse, neglect, or abandonment the hospital or the Sebastian Police Department will contact 1- 800-96ABUSE. 13. If the caller reports indications of abuse or neglect beyond that necessarily entailed in the infant having been left at a fire station or hospital, the report shall be considered as a report of abuse, neglect, or abandonment and shall be subject to the requirement of s. 39.395 and all other relevant provision of this chapter, notwithstanding any provisions of chapter 383. D. SHARING OF INFORMATION 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(10)(d) and (e), F.S. Pursuant to Section 39.306, F.S., and within statutory guidelines, the Sebastian Police Department is authorized to share with assigned Department of Children and Families protective investigators, Florida criminal history and local criminal history information accessed through the Florida Crime Information Center (FCIC) and not otherwise exempt from Section 119.07(1), F.S. a. Such information may be used only in the furtherance ofa 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 the Sebastian Police Department Records Division. d. The release of such information will be documented in accordance with applicable Florida Department of Law Enforcement FCIC procedures. Within statutory guidelines, the Sebastian 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. 5 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 Sebastian Police Department shall develop procedures to allow access to or otherwise share all appropriate local criminal information on an individual under investigation, at no charge with the assigned protective investigator. 4. During criminal investigations and within statutory guidelines, the Department of Children and Families will provide to the Sebastian Police Department copies of protective investigation reports including, when requested prior reports on the child or alleged perpetrator. Any reports shall be provided without cost to the law enforcement agency. Copies of these reports shall include the identity of the reporter, which remains 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. ichelle Morris, Chief Sebastian Police Department 2010 Version Nance: c 1 Title Sebastian Police Department Phoneen, SV'9 l 1 Cell h*tZ 4'y e St.t Designated Contact 6 Date Vern Melvin, Circuit Administrator Department of Children and Families Gloria Armstrong CPI Specialist Department of Children and Families Phone: (772) 770 -6734 Cell: (772) 473 -4934 August 17 2010 Michelle Morris, Chief of Police Sebastian Police Department 1201 Main Street Sebastian, Florida 32958 Dear Chief Morris: Enclosed, please find an updated working agreement between the Circuit 19 Department of Children and Families and the Sebastian Police Department. Kindly review the attached proposal; should you or your staff have any questions or if revisions need to be made, please contact Gloria Armstrong, our liaison at (772) 473 -4934. Once you have signed the agreement, please return it to the following: Please be sure to include contact information for your designated contact. Once the signed agreement is received, I will ensure all of our Child Protective Investigations staff have the updated agreement and would appreciate it if you would share it among your ranks as well. I believe our agencies have an outstanding partnership in this community and I look forward to continuing that partnership with you in the future. Sincerely, '4 f Lorrene Egan Operations Manager Circuit 19 State of Florida Department of Children and Families Department of Children and Families, Circuit 19 Attention: Melissa Mclnturff 337 North U.S. Highway #1 Fort Pierce, Florida 34950 337 North US Highway 1 Fort Pierce, Florida 34950 Charlie Crist Governor George H. Sheldon Secretary H. L. "Vern" Melvin Circuit Administrator Mission: Protect the Vulnerable, Promote Strong and Economically Self- Sufficient Families, and Advance Personal and Family Recovery and Resiliency MEMORANDUM OF UNDERSTANDING/WORKING AGREEMENT The agencies named in this document agree to the following: A. PURPOSE Sebastian Police Department and the Department of Children and Families The purpose of this Memorandum of Understanding is to coordinate services to the families of Indian River 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 B. DEFINITIONS law enforcement state attorney judiciary guardian ad litem domestic violence providers child protection team/child advocacy centers local school system Department of Juvenile Justice Department of Children and Families (DCF) 1 "Abandoned" means 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" means 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 parent, 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. "Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, or any criminal offense 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, embarrassing, or harming another person; (b) personal financial gain for the reporting person; (c) acquiring custody of a child; or (d) personal benefit for the reporting person in any other private dispute involving a child. The term "false report" does not include a report of abuse, neglect, or abandonment of a child made in good faith to the central abuse hotline. [39.01(27), 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 persons who have a child in common regardless of whether they have been married or have resided together at any time. "Joint Investigation Two agencies conducting concurrent criminal and protective investigations. "Neglect" occurs when the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment or permits a child to live in an environment when such deprivation or environment causes the child's 2 physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. [39.01(46), F.S.] "Protective Investigation" means 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 of whether action by the court is warranted; the determination of the disposition of each report without court or public agency action when appropriate; and the referral of a child to another public or private agency when appropriate. [39.01(58), F.S.] C. INVESTIGATIVE PROCEDURES 1. The Department of Children and Families shall immediately notify the Sebastian Police Department as required by Section 39.301(2). Florida Statutes, when a report of known or suspected child abuse, abandonment, or neglect is received and suspected to have occurred within the city limits of Sebastian. The Sebastian Police Department shall review the report, determine whether a criminal investigation is warranted and notify the local Department of Children and Families Office in Indian River County. 2. The Department of Children and Families protective investigator retains the responsibility for notifying the Sebastian Police Department as required by Sections 39.301(17), Florida Statutes, 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 has 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) F.S.; f. a child is the victim of institutional abuse as defined in Section 39.302(1), F.S.; g. a child is being removed from the home. h. a child is known or suspected to be a victim of human trafficking, as provided in s. 787.06. 3. The protective investigator shall immediately notify, by either telephonic or electronic means, the Sebastian Police Department that the Department of Children and Families has learned of a situation covered by Section C.2 of this agreement. A full written report will be delivered to the Sebastian Police Department within three working days. 4. As required by Section 39.306, F.S., the Sebastian Police Department will assume lead in conducting any potential criminal investigations involving children in cases specified in Section C.2 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 Sebastian Police Department. 3 The agencies agree to conduct joint investigations. During the course of such investigations, the agencies agree to share information on an on -going and 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. 6. If the Sebastian Police Department requests that the protective investigator not interview the alleged perpetrator, 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. The Sebastian 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 Sebastian Police Department. 7. 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 8. In reports that have been determined to be false, as defined in Section 39.01(28), F.S. and Section B of this agreement, the Department of Children and Families will refer to the Sebastian 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 Sebastian Police Department for all responses during the pending criminal investigation. 9. Unless otherwise specified in this written agreement or required by law, all reports of alleged abuse or neglect of a child will be taken by the DCF Abuse Hotline for the area under the jurisdiction of the law enforcement agency signing this agreement will be transmitted to the local Department of Children and Families Office in Indian River County. 10. The Florida Abuse Hotline shall be responsible, as required by Section 39.201(2)(b), F.S., for transferring all calls with information that a child has been harmed by a non caretaker to the Sheriff of the county in which the harm occurred. a. The Sheriff will be responsible for establishing procedures for accepting such information including any follow -up hard copy report from DCF, and transferring it to any other appropriate law enforcement jurisdiction. b. The law enforcement agency designated to receive non caretaker abuse calls for Indian River County is the Indian River County Sheriffs Office; the phone is (772) 569 -6700. Hard copies of DCF reports documenting child -on -child sexual allegations will be forwarded to Indian River County Sheriffs Office, Sheriff Roy Raymond, 4055 41 Avenue, Vero Beach, Florida, 32960 within 48 hours of receipt. 4 11. The Department of Children and Families and the Sebastian Police Department shall develop, implement, and provide training on joint investigative protocols and protocols for the assessment of family violence during abuse investigations and the assessment of abuse during family violence investigations. 12. If the Sebastian Police Department receives information of an abandoned newborn infant as described in s. 383.50 and there is no indication of abuse, neglect or abandonment of the infant other than that necessarily entailed in the infant having been left at a fire station or hospital, the Sebastian Police Department will assure that the infant is taken to the hospital for a medical examination and to determine if the infant is three days or less. If the infant meets the criteria the hospital or Sebastian Police Department will contact 1- 800- 96ABUSE. The report shall not be considered a report of abuse, neglect, or abandonment solely because the infant has been left at a hospital pursuant to s. 383.50 13. If the caller reports indications of abuse or neglect beyond that necessarily entailed in the infant having been left at a fire station or hospital, the report shall be considered as a report of abuse, neglect, or abandonment and shall be subject to the requirement of s. 39.395 and all other relevant provision of this chapter, notwithstanding any provisions of chapter 383. D. SHARING OF INFORMATION 5 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(10)(d), F.S. Pursuant to Section 39.306, F.S., and within statutory guidelines, Sebastian Police Department is authorized to share with assigned Department of Children and Families protective investigators, Florida criminal history and local criminal history information accessed through the Florida Crime Information Center (FCIC) 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 Sebastian Police Department Records Division. d. The release of such information will be documented in accordance with applicable Florida Department of Law Enforcement FCIC procedures. 2. Within statutory guidelines, Sebastian 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 Sebastian 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. 4. During criminal investigations and within statutory guidelines, the Department of Children and Families will provide to the Sebastian Police Department copies of protective investigation reports including, when requested prior reports on the child or alleged perpetrator. Any reports shall be provided without cost to the law enforcement agency. Copies of these reports shall include the identity of the reporter, which remains 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. jafrAffet) RIV-d? Date D ate Jim Davis, Chief Vern Melvin, Circuit Administrator l,/ City of Sebastian, Police Department Circuit 19 Department of Children and Families 10/15/07 Designated Contact Name: Gloria Armstrong Title Family Services Specialist Sebastian Police Department Department of Children and Families Phone: Phone: 772 770 -6701 Cell: Cell: 773- 473 -4934 MEMORANDUM OF UNDERSTANDING/WORKING AGREEMENT Sebastian Police Department and the Department of Children and 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 Indian River 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 B. DEFINITIONS law enforcement state attorney judiciary guardian ad litem domestic violence providers child protection team/child advocacy centers local school system Department of Juvenile Justice Department of Children and Families (DCF) "Abandoned" means 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" means 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 parent, 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. "Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, or any criminal offense 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, embarrassing, or harming another person; (b) personal financial gain for the reporting person; (c) acquiring custody of a child; or (d) personal benefit for the reporting person in any other private dispute involving a child. The term "false report" does not include a report of abuse, neglect, or abandonment of a child made in good faith to the central abuse hotline. [39.01(27), 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 persons who have a child in common regardless of whether they have been married or have resided together at any time. "Joint Investigation Two agencies conducting concurrent criminal and protective investigations. "Neglect" occurs when the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment or permits a child to live in an environment when such deprivation or environment causes the child's 2 physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. [39.01(46), F.S.] "Protective Investigation" means 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 of whether action by the court is warranted; the determination of the disposition of each report without court or public agency action when appropriate; and the referral of a child to another public or private agency when appropriate. [39.01(58), F.S.] C. INVESTIGATIVE PROCEDURES 1. The Department of Children and Families shall immediately notify the Sebastian Police Department as required by Section 39.301(2). Florida Statutes, when a report of known or suspected child abuse, abandonment, or neglect is received and suspected to have occurred within the city limits of Sebastian. The Sebastian Police Department shall review the report, determine whether a criminal investigation is warranted and notify the local Department of Children and Families Office in Indian River County. 2. The Department of Children and Families protective investigator retains the responsibility for notifying the Sebastian Police Department as required by Sections 39.301(17), Florida Statutes, 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 has 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) F.S.; f. a child is the victim of institutional abuse as defined in Section 39.302(1), F.S.; g. a child is being removed from the home. h. a child is known or suspected to be a victim of human trafficking, as provided in s. 787.06. 3. The protective investigator shall immediately notify, by either telephonic or electronic means, the Sebastian Police Department that the Department of Children and Families has learned of a situation covered by Section C.2 of this agreement. A full written report will be delivered to the Sebastian Police Department within three working days. 4. As required by Section 39.306, F.S., the Sebastian Police Department will assume lead in conducting any potential criminal investigations involving children in cases specified in Section C.2 above. The protective investigation will be coordinated with the criminal investigation. Evidence gathered in criminal investigations g vesti ations will g be handled according to the policies and g p procedures of the Sebastian Police Department. 5. The agencies agree to conduct joint investigations. During the course of such investigations, the agencies agree to share information on an on -going and 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. 6. If the Sebastian Police Department requests that the protective investigator not interview the alleged perpetrator, 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. The Sebastian 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 Sebastian Police Department. 7. 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. 8. In reports that have been determined to be false, as defined in Section 39.01(28), F.S. and Section B of this agreement, the Department of Children and Families will refer to the Sebastian 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 Sebastian Police Department for all responses during the pending criminal investigation. 9. Unless otherwise specified in this written agreement or required by law, all reports of alleged abuse or neglect of a child will be taken by the DCF Abuse Hotline for the area under the jurisdiction of the law enforcement agency signing this agreement will be transmitted to the local Department of Children and Families Office in Indian River County. 10. The Florida Abuse Hotline shall be responsible, as required by Section 39.201(2)(b), F.S., for transferring all calls with information that a child has been harmed by a non caretaker to the Sheriff of the county in which the harm occurred. a. The Sheriff will be responsible for establishing procedures for accepting such information including any follow -up hard copy report from DCF, and transferring it to any other appropriate law enforcement jurisdiction. b. The law enforcement agency designated to receive non caretaker abuse calls for Indian River County is the Indian River County Sheriffs Office; the phone is (772) 569 -6700. Hard copies of DCF reports documenting child -on -child sexual allegations will be forwarded to Indian River County Sheriffs Office, Sheriff Roy Raymond, 4055 41S Avenue, Vero Beach, Florida, 32960 within 48 hours of receipt. 4 11. The Department of Children and Families and the Sebastian Police Department shall develop, implement, and provide training on joint investigative protocols and protocols for the assessment of family violence during abuse investigations and the assessment of abuse during family violence investigations. 12. If the Sebastian Police Department receives information of an abandoned newborn infant as described in s. 383.50 and there is no indication of abuse, neglect or abandonment of the infant other than that necessarily entailed in the infant having been left at a fire station or hospital, the Sebastian Police Department will assure that the infant is taken to the hospital for a medical examination and to determine if the infant is three days or less. If the infant meets the criteria the hospital or Sebastian Police Department will contact 1- 800- 96ABUSE. The report shall not be considered a report of abuse, neglect, or abandonment solely because the infant has been left at a hospital pursuant to s. 383.50 13. If the caller reports indications of abuse or neglect beyond that necessarily entailed in the infant having been left at a fire station or hospital, the report shall be considered as a report of abuse, neglect, or abandonment and shall be subject to the requirement of s. 39.395 and all other relevant provision of this chapter, notwithstanding any provisions of chapter 383. 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(10)(d), F.S. Pursuant to Section 39.306, F.S., and within statutory guidelines, Sebastian Police Department is authorized to share with assigned Department of Children and Families protective investigators, Florida criminal history and local criminal history information accessed through the Florida Crime Information Center (FCIC) 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 Sebastian Police Department Records Division. d. The release of such information will be documented in accordance with applicable Florida Department of Law Enforcement FCIC procedures. 2. Within statutory guidelines, Sebastian 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. 5 3. Within statutory guidelines, the Sebastian 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. 4. During criminal investigations and within statutory guidelines, the Department of Children and Families will provide to the Sebastian Police Department copies of protective investigation reports including, when requested prior reports on the child or alleged perpetrator. Any reports shall be provided without cost to the law enforcement agency. Copies of these reports shall include the identity of the reporter, which remains 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. O a.. ht?„,,,, Date Jim Davis, Chief City of Sebastian, Police Department Name: Gloria Armstrong Title Family Services Specialist Sebastian Police Department Department of Children and Families Phone: Phone: 772 770 -6701 Cell: Cell: 773- 473 -4934 10/15/07 Designated Contact 6 a) Date Vern Melvin, Circuit Administrator Circuit 19 Department of Children and Families 01/22/04 12/28/04 3/1/06 MEMORANDUM OF UNDERSTANDING/WORKING AGREEMENT The agencies named in this document agree to the following: A. PURPOSE B. DEFINITIONS Sebastian Police Department and the Department of Children and Families The purpose of this Memorandum of Understanding is to coordinate services to the families of Indian River 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 guardian ad litem domestic violence providers child protection team /child advocacy centers local school system Department of Juvenile Justice Department of Children and Families (DCF) 1 "Abandoned" means 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" means 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 parent, legal custodian, caregiver, or other person responsible for the child's welfare. [39.01(2), F.S.] Criminal Investigation": A. investigation by An 2rives�i�a�ivii conducted ny 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. "Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, or any criminal offense 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, embarrassing, or harming another person; (b) personal financial gain for the reporting person; (c) acquiring custody of a child; or (d) personal benefit for the reporting person in any other private dispute involving a child. The Willi "false report" does not include a report of abuse, neglect, or abandonment of a child made in good faith to the central abuse hotline. [39.01(27), 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 persons who have a child in common regardless of whether they have been married or have resided together at any time. "Joint Investigation Two agencies conducting concurrent criminal and protective investigations. "Neglect" occurs when the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment or permits a child to live in an environment when such deprivation or environment causes the child's 2 physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. [39.01(46), F.S.] "Protective Investigation" means 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 of whether action by the court is warranted; the determination of the disposition of each report without court or public agency action when appropriate; and the referral of a child to another public or private agency when appropriate. [39.01(58), F.S.] C. INVESTIGATIVE PROCEDURES 1. The Department of Children and Families shall immediately notify the Sebastian Police Department as required by Section 39.301(2). Florida Statutes, when a report of known or suspected child abuse, abandonment, or neglect is received and suspected to have occurred in Indian River County. The Sebastian Police Department shall review the report, determine whether a criminal investigation is warranted and notify the Local Department of Children and Families Office in Indian River County. 2. The Department of Children and Families protective investigator retains the responsibility for notifying the Sebastian Police Department as required by Sections 39.301(17), Florida Statutes, 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 has 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) F.S.; f. a child is the victim of institutional abuse as defined in Section 39.302(1), F.S.; g. a child is being removed from the home. 3. The protective investigator shall immediately notify, by either telephonic or electronic means, the Sebastian Police Department that the Department of Children and Families has learned of a situation covered by Section C.2 of this agreement. A full written report will be delivered to the Sebastian Police Department within three working days. 4. As required by Section 39.306, F.S., the Sebastian Police Department will assume lead in conducting any potential criminal investigations involving children in cases specified in Section C.2 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 Sebastian Police Department. 5. The agencies agree to conduct joint investigations. During the course of such investigations, the agencies agree to share information on an on -going and 3 6. If the Sebastian Police Department requests that the protective investigator not interview the alleged perpetrator, 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. The Sebastian 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 Sebastian Police Department. 7. The Department of Children and Families will be responsible for the 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. 8. In reports that have been determined to be false, as defined in Section 39.01(27), F.S. and Section B of this agreement, the Department of Children and Families will refer to the Sebastian 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 Sebastian Police Department for all responses during the pending criminal investigation. 9. Unless otherwise specified in this written agreement or required by law, all reports of alleged abuse or neglect of a child will be taken by the DCF Abuse Hotline for the area under the jurisdiction of the law enforcement agency signing this agreement will be transmitted to the local Department of Children and Families Office in Indian River County. 10. The Florida Abuse Hotline shall be responsible, as required by Section 39.201(2)(a), F.S., for transferring all calls with information that a child has been harmed by a non caretaker to the Sheriff of the county in which the harm occurred. 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. a. The Sheriff will be responsible for establishing procedures for accepting such information including any follow -up hard copy report from DCF, and transferring it to any other appropriate law enforcement jurisdiction. b. The law enforcement agency designated to receive non caretaker abuse calls for Indian River County is the Indian River County Sheriffs Office; the phone /4 is (772) 569 -6700. Hard copies of DCF reports documenting child -on -child sexual allegations will be forwarded to Indian River County Sheriffs Office, Sheriff Roy Raymond, 4055 41 Avenue, Vero Beach, Florida, 32960 within 48 hours of receipt. The Department of Children and Families and the Sebastian Police Department shall develop, implement, and provide training on joint investigative protocols and 4 protocols for the assessment of family violence during abuse investigations and the assessment of abuse during family violence investigations. 12. If the Sebastian Police Department receives information of an abandoned newborn infant as described in s. 383.50 and there is no indication of abuse, neglect or abandonment of the infant other than that necessarily entailed in the infant having been left at a fire station or hospital, the Sebastian Police Department will assure that the infant is taken to the hospital for a medical examination and to determine if the infant is three days or less. If the infant meets the criteria the hospital or Sebastian Police Department will contact 1- 800- 96ABUSE. The report shall not be considered a report of abuse, neglect, or abandonment solely because the infant has been left at a hospital pursuant to s. 383.50 13. If the caller reports indications of abuse or neglect beyond that necessarily entailed in the infant having been left at a fire station nr hospital, the report sh be considered as a report of abuse, neglect, or abandonment and shall be subject to the requirement of s. 39.395 and all other relevant provision of this chapter, notwithstanding any provisions of chapter 383. D. SHARING OF INFORMATION 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, Sebastian Police Department is authorized to share with assigned Department of Children and Families protective investigators, Florida criminal history and local criminal history information accessed through the Florida Crime Information Center (FCIC) 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 Sebastian Police Department Records Division. d. The release of such information will be documented in accordance with applicable Florida Department of Law Enforcement FCIC procedures. 2. Within statutory guidelines, Sebastian 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 Sebastian Police Department shall develop procedures to allow access to or otherwise share all appropriate local criminal 5 information on an individual under investigation with the assigned protective investigator. 4. During criminal investigations and within statutory guidelines, the Department of Children and Families will provide to the Sebastian Police Department copies of protective investigation reports including, when requested prior reports on the child or alleged perpetrator. Any reports shall be provided without cost to the law enforcement agency. Copies of these reports shall include the identity of the reporter, which remains 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. im Davis, Chief City of Sebastian, Police Department Designated Contact iii,„ 3- /0 Z Vern Melvin, District Administrator Department of Children and Families 6 Name: Christina Porto Title Program Administrator Sebastian Police Department Department of Children and Families Phone: 772 Phone: 772 467 -4136 Cell: 772 CeII: 772 216 -3103