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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 1 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. 2 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: 3 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. 19 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 9 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 3 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. 7 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 f rvO72