Contract 2021-012A#2021-012-A
Memorandum of Understanding — DCF and Clermont Police Department
MEMORANDUM OF UNDERSTANDING/ WORIGNG AGRFr-mENT BETWEEN THE FLORIDA
DEPARTMENT QF CHILDREN AND I=AMtUES AND CLEIZAIIt}N7 PC)LICE DEPARiI1�Ei�lT
This MEMORANDJJM OF UNDERSTANDING (MOU) is made and entered into by the FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES (hereinafter, "DCF"); and
Clermont Police Department, the jurisdiction ally responsible county sheriff's office or local
police department, (hereinafter, Law Enforcement Agency [LEA]);
WHERE- S, the Parties seek to make the most efficient use of their powers by cooperation with
other entities on a basis of mutual advantage and otherwise to comply with section 39.306, F.S.
NOW THEREFORE, the Parties agree as follows:
1. INITIAL TERM AND INTEGRATION
The initial term begins the latter of the date set forth herein or the date the MOU is signed by
all Parties. The MOU and any attached or incorporated documents are the entire agreement
between the Parties, superseding all prior discussions, representations, or agreements of the
Parties related hereto.
2. PURPOSE
This MOU achieves the Parties' duties under §39.306, F.S. and to establish operational
protocols for the joint investigation of abuse reports involving criminal allegations in order to:
a_ Provide standard, consistent and thorough investigations
b. Maximize the resources through a joint investigative process
c. Minimize the number of interviews for children who are victims of abuse or neglect
d. Allow for the orderly collection of evidence in the criminal investigative process
e. 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 Litern
• Domestic Violence Partners
+ Child Protection Team / Child Advocacy Centers
Local School System
a Department of Juvenile Justice
+ Department of Children and Families
+ Managing Entity
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Memorandum of Understanding — DCF and Clermont Police Department
3. DEFINIITIONS
Unless otherwise provided, definitions utilized in this agreement are found in the Florida
statues covering crimes and Florida Statue §39-01, including, "Criminal conduct" is defined in
§39.301(2)(b) (2020), F.S.
4. THE PARTIES -AGREE:
a. The safety and welfare of the victim is of primary concern.
b. To conduct joint, respective criminal and protective, investigations and share
information on an on -going and continuous basis.
c. To develop, implement, and provide training on joint investigative protocols and
protocols for the assessment of family violence and sexual violence during abuse
investigations and the assessment of abuse during investigations.
d. To collaborate when a child is missing to timely ensure the child's entry as a missing
child .in the Florida Crime Information System and the National Crime Information
System and exert due diligence in the child's safe recovery. DCF and the LEA shall
contemporaneously share information to aid in a safe recovery of the missing child.
S. JOINT CRIMINAL AND PROTECTIVE INVESTIGATIONS:
a. DCF 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. DCF will also
be responsible for determining and implementing a safety plan and/or necessary
services to support the family.
b. The LEA is the ju risd iction ally responsible county sherif offices and local police
departments that will assume the lead in conducting any potential criminal
investigations arising from allegations of abuse, abandonment, or neglect.
c. .joint investigations should be encouraged at the earliest point possible. If the LFA
arrives on scene of an investigation and (relieves that child protective investigations
should also be involved; the LEA. may make a call to the DCF hotline while on scene.
d. The LEA .agrees:
(1) Upon receipt of a written report of an allegation of criminal conduct from DCF,
to review the written report to determine if criminal investigation is warranted.
If the LEA pursues criminal investigation, it shall coordinate its investigative
activities with DCF. The LEA shall immediately notify DCF in uniting if it does not
accept the case for criminal investigation.
(2) If the LEA pursues criminal investigation, to notify DCF when a protective
investigator may interview the alleged perpetrator. The results of LEA, interviews
resulting from the criminal investigation shall be snared with DCF.
(3) To provide "call our or "calls for service" records for the residence and/ or
alleged maI treater or any other household members with significant caregiver
responsibilities of the household under investigation upon DCF request.
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Memorandum of UndeManding— DCF and Clermont Police Department
(4) To have procedures for accepting DCF information and transferring it to other
appropriate law enforcement entities.
e. DCF agrees:
(1) To immediately forward allegations of criminal conduct to the LEA.
(2) To coordinate the protective investigation with the LEA.
(3) To immediately, orally, notify the LEA and provide a written} report within three
business days thereafter, upon learning:
i. The immediate safety or well-being of a child is endangered;
ii. The family under investigation is likely to flee;
iii. A child died as a result of abuse, abandonment, or neglect;
iv. A child is `a victim of aggravated child abuse as defined in s. 827.03; or
v. A child is a victim of sexual battery or of sexual abuse.
(4) if requested by the LEA, DCF will not interview the alleged perpetrator except as
authorized per 5.b., unless the safety of the other children is compromised
(5) To assess the immediate safety of the children and tape the necessary actions to
ensure their continued safety. DCF will determine and implement the necessary
services to support the family.
(6) To report all child -on -child sexual allegations to the LEA within 48 hours of
receipt pursuant to section 39.201(2)(c)1. (202€7), F.S.
b. MISSING CHILDREN
a. When children involved with DCF or a designated agent of DCF are missing for any
reason, the parties agree to take action to prevent, report and locate children under
court ordered supervision, in both out -of -home care and in -home care, and those
children under investigation or receiving judicial or non -judicial case management
services for whore a Take Into Custody or Pickup Order exists
b. A court order is not a precondition for the acceptance of the report
c. DCF agrees to:
(1) Timely provide records and any requested information to the LEA when a child
has been reported missing.
(2) To continue reasonable efforts to locate as established by DCF Operating
Procedure
(3) To provide additional information that may be useful in locating the missing
child, including the child's case file.
(4) To promptly notify law enforcement if the child returns or is located.
d. The LEA agrees to:
(1) Take a report of the missing child, and to provide the missing child report
number to the caregiver or person reporting the child missing:
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Memorandum of Understanding — DCF and Clermont Police Department
(2) Upon notice that a child is missing, to immediately inform all on -duty law
enforcement officers of the missing child report, communicate the report to
every appropriate law enforcement entity, and
(3) Within 2 hours of receipt, transmit the report for inclusion within the Florida
Crime Information Center and the National Crime Information Center database
pursuant to section 937.021(4)(a)12020) F.S.
(4) As to Out -of -State Runaways Recovered in Florida, LEA will check NCIC for a
Missing Child Report and if one exists, LEA will consult with Department of
Juvenile Justice (DJJ) as to detention of the child. If no Missing Child Report
exists, LEA may make a report to NCIC and work with DCF and DJJ to determine if
the child will go to detention or a local respite.
(5) Upon reasonable notice and availability, participate in Missing Child and Human
Trafficking staffings by DCF or designated agency.
7. SURRENDERED NEWBORNS
a. A "surrendered newborn infant" as described in section 383.50, (2020) F.S. includes
a child who a licensed physician reasonably believes is approximately 7 days old or
younger at the time the child is left at a hospital, emergency medical services
station, or ire station.
b. if law enforcement receives information of a surrendered newborn infant and there
is no indication of abuse, neglect, or abandonment of the infant other than that
necessarily entailed in the infant having been surrendered to afire station or
hospital, the LEA will assure that the infant is taken to the hospital for a medical
examination to determine if the infant is seven days of age or less.
c. 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. 38350.
d. If the infant meets the criteria of abuse, neglect, or abandonment the hospital or
LEA will contact the Hotline at I-800-96-ABUSE.
8. ABANDONMENT - "LOCKOUT" CHILD
a "Abandonment" involves a situation in which the parent or legal custodian of a child
willfully refuses to exercise parental rights and responsibilities. Examples include but
are not limited to:
(1) Leaving a child with no apparent intention of returning
(2) Leaving a child with an appropriate caregiver, but failing to resume care of the
child as agreed, and the caregiver cannot or will not continue to care for the
child
(3) Refusing to resume care of a child after a family arranged placement breaks
down or Ripon a formal discharge of the child from an institutional or facility
setting
b. The parties agree to jointly respond to investigations involving Abandonment —
"Lockout Youth" as prescribed in Section 5 of this MOU and consult with the State
Attorneys Office upon request of either party.
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Memorandum of Understanding - DCF and Clermont Police Department
9. FALSE REPORTS
a. "False reports" are reports that have no initial basis in fact and are made to the
Abase Hotline for the expressed purpose of harassment of an individual/family (e.g.,
embarrass, make anxious or harm another party, etc.) or for the personal benefit on
the part of the reporter or another person (financial gain, obtain child custody, etc.).
b. DCF agrees to:
(1) Utilize DCF Operating Procedure for determining a False Report.
(2) Refer "false reports" to the LEA upon the consent of the person originally
identified as the alleged perpetrator pursuant to section 39.205(8), F.S.
c. LEA agrees to review for a criminal investigation and inform DCF of its decision
whether to pursue criminal charges within a reasonable timeframe.
10. INFORMATION SHARING
a. DCF is recognized as a criminal justice agency for the purpose of child protective
investigations, pursuant to Section 943.045 (2020), Florida Statutes. Pursuant to
Section 39.3€ 6 (2020), Florida Statutes, and within statutory guidelines, the LEA is
authorized to share with assigned DCF Protective investigator, their authorized
agent, or contract provider directly responsible for the child protective investigation
and emergency child placement, Florida criminal history and local criminal history
information accessed through the Florida Crime Information Center (FCIQ and not
otherwise exempt Pram Section 119.07(1), Florida Statutes
(1) 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.
(2) Such information will be provided without charge.
(3) Such information may be provided by the assigned criminal investigator.
(4) The release of such information will be documented in accordance with
.applicable Florida Department of Law Enforcement FCIC procedures.
b. During a joint investigation, the parties agree to share information on an on -going
and continuous basis and shall develop procedures to allow access to or otherwise
share all appropriate local criminal information can an individual under investigations
with the assigned DCF investigator.
c. Upon reasonable notice and availability, the LEA will participate in staffrngs
conducted by DCF or DCF`s designated agency relatingto victim(s) and/ or alleged
perpetrators of abuse, including but not limited to Multi -Disciplinary Team staffings
and Local review Team stafftngs.
d. Within statutory guidelines, upon request, the LEA will provide to the designated
DCF investigator a copy of all initial law enforcement reports relating to a joint
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Memorandum of Understanding —DCF and Clermont Police Department
investigation, including a narrative description of the incident and any subsequent,
supplemental or related reports.
(1) Reports involving sexual abuse and/ or domestic violence shall be clearly defined
as part of this agreement but shall include those in which children are present
when family or household violence occurs.
(2) Such report shall be used only for the purpose of child protective investigations
and placements of children under Department of Children and Families care.
e. Within statutory guidelines, upon request, DCF will provide copies of protective
investigation reports, including prior reports on the child or alleged perpetrator, to
LEA.
(1) Any reports shall be provided without cost to the LEA.
(2) Copies of these reports shall include the identity of the reporter which remains
confidential pursuant to Section 39.202, Florida Statutes
(3) The name of the person reporting child abuse, abandonment, or neglect may not
be released to any person other than employees of DCF responsible for child
protective services, the central abuse hotline, law enforcement, the child
protection team or the appropriate state attorney.
(4) This does not prohibit the subpoenaing of a person reporting child abase,
abandonment, or neglect when deemed necessary by the court, the state
attorney, or the department, provided the fact that the person is not disclosed
as the reporter.
f, All information, reports, documents, and the like provided under the provisions of
this agreement shall remain confidential status provided under law and shall not be
distributed outside the undersigned agencies unless otherwise authorized or
mandated by law.
11. CROSS -TRAINING
a. DCF and the LEA shall develop a single point of contact for any issues that arise or
concerns regarding protocols and procedures that require further training.
b. DCF and the LEA shall develop, implement, and provide training on joint
investigative protocols and protocols for training topics including but not limited to:
(1) the assessment of family and household violence during abuse investigations
(2) the assessment of Sexual Abuse, including Child on Child Sexual Abuse
(3) Human Trafficking, Missing and Exploited Children
(4) Drug Endangered Children
(S) 4busive Head Trauma and Physical Abuse
(6) Child Fatalities
(7) Neglect
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Memorandum of Linderstanding — DCF and Clermont Police Department
12. SUSPENSION AND TERMINATION
Any Party may,; at its sole discretion, suspend any or all activities under the MOU and may
terminate the MOU with 30 days advance written notice to the other Parties.
13. NOTICES
All notices required under the MOU must be delivered in writing to the designated contact
person in a manner identified by the DCF. The initial designated contact person for each party is
their signatory to this MOU. A designated contact person may be changed by notice.
14. COMPLIANCE WITH LAWS
The Parties will comply with all laws, rules, codes, ordinances, and licensing requirements that
are applicable to the conduct of the MOU, including those of federal, state, and local agencies
having jurisdiction and authority. For example, the Parties will cornply with section 27A of the
Immigration and Nationality Act, the Americans with Disabilities Act, Health on
Portability and Accountability Act, if applicable, and all prohibitions against discrimination on
the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's
status.
15. DISPUTE RESOLUTION
Any dispute concerning the MOU will be discussed among the Parties. Unless resolved by the
Parties, the matter will be decided by the Department's designated contact person, who will
reduce the decision to writing and deliver a copy to the Parties.
16. ASSIGNMENT
Except for transfers of the Department's responsibilities due to a Department statutory
reorganization, such as a transfer under section 20.06, Florida Statutes, the Parties will not _sell,
assign, or transfer any of their rights, ditties, or obligations under the MOU without the prior
written notice to and approval of the other Parties.
17. MODIFICATION AND SEVERABILITy
The MOU may only be modified by written agreement between the Parties.
IS. INDEMNIFICATION
To the extent permitted by Florida law, each Party agrees to indemnify, defend, and hold the
other Party and their officers, employees, and agents harmless from all fines, claims,
assessments, suits, judgments, or damages, including consequential, special, indirect, and
Punitive damages, including court costs and attorney's fees, arising from or relating to violation
or infringement pf a trademark, copyright, Patent, trade secret, or intellectual property out of any acts, actions, breaches, neglect, or omissions of the other Patheir p right flr
agents, subcontractors, assignees, or delegates related to the lVlOii. Thee MIOU does not ees,
constitute a waiver of sovereign immunity or consent by LEA, DCF. the State of Florida, or its
subdivisions, to suit by third parties.
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Memorandum of Understanding — DCF and Clermont Police Department
EACH PARTY AGREES To THIS 111lOU BY SIGNATURE BELOW.
Law Enforcement- AAF Sure:
i at
Signed:
Printed Name: C :o,"��;
County Sheriff's offic � Poncee De
Phone: : Dept,
Phone:
Email Address:r-
� -r'T ray
The Law ;Enforcement Agency's Single Point of Contact shalt be:
(name)
Position: i
Phone number:
EmailAddress:
�30�
DePartment of Children and Families Signature:
Signed: _
Printed4SIt// ��,�
Tide: � rash, i r �r4,�•
Florida Department of Children and Families
Phone: SS-Z
Email Address= .�
Late: ;)• ! L
Date: /G�Z--/
ooro y "leer. wi g
Department of Children and Families, Single Point of Contact shall be:
.ems -jell �t,E��r��, C 4
(name) -�
Position: 401v
Phone number: ?�
Email Address: rG f
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