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2011-31 MEMORANDUM OF UNDERSTANDING /WORKING AGREEMENT Clermont Police Department and the Department of Children and Families The agencies named in this document agree to the following A. PURPOSE Mc purpose of this Memorandum of Understanding is to coot chime services to the [amities of Lake County through cooperation, collaboration, and the shat mg of appiopilate mlormation by agencies within this jurisdiction. Specifically, this agtcement establishes opetaltonal protocols for the joint investigation of abuse reports involving ctnmina] allegations 111 order to • provide standard, consistent and thorough investigations • maxtnttic the resoutces through a lornm investigative PIocess • minimize the number of Interviews for children who are victims oI abuse 01 neglect • allow for the orderly collection of evidence to the criminal investigative process • ensure the piovision of appropiiate sei vices when deemed necessary lot children and their families • provide a torum for on -going communication and resolution of issues involving lamtly safety in this community and foster an cl'lective collaboration among - law enforcement - slate attorney - judiciary - gum dam ad Irtem - domestic violence providers - child protection team /child adsocac.y centers - local school system - Depanment of Juvenile Justice - Department of Children and Families (DC1) 0 B. 1)EFINI PIONS 4huudoned means a situation in which the parent m legal custodian of a child or. in the absence oI a parent or legal custodian. the caregiver respmnhble lor the child s Nvellare while being able males no provision for the child's support and make, no etlon to wmmumc.ac with the child which situation is sufficient to evince a willlul refection elf parental obligations [39 01(1) 1 S [ .4huse means any willful au or threatened au drat results its any physical mental, or sexual injury or hann that causes or is likely to cause the child s physical. mental. or emotional health to be significantly impaired l ur 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) I S [ ('r unit al Ira esultauai' means an investigation conducted by an appropriate Lase enforcement agent y for the purpose of uncovci mg evidcnee which may lead to an individual's prosecution for adult abuse neglect, or exploitation. or child abuse neglect, ai abandonment, or other appropriate criminal charges 'Domestic t intense' means any assault. aggravated dSSault balterv, aggravated battery sexual ds5aUll sexual battery stalking. aggravated stalking, or any cranium! oficnse resulting in physical urlury or death of one lamely or household member by another who Is or was residing in the same single dwelling unit I nreigout Placement - ( had means the temporary care 01 a child who is alleged to be or who has been found to be dependent, pending Iurthcr disposition. before or after adiudicanon or fifer execution of a wurt order the placement may he with a relative, non - relative or state licensed (home or facility • / rise Report' means a report of abuse neglect 01 abandonment of a child to the central abuse hotline ssluch report is maliciously made lor the purpose of (a) harassing. unbarrussutg, ur harming another person; (h) personal financial gain lor 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 1 he terns false report" does not include a report of abuse neglect. or abandonment of si child made in good With to the central abuse hotline [39 0 1(29). 1' S [ '1 or hrmseho(d member means spouses, former spouses. persons related by blood or marriage, persons who are presently residing togt.ther as if n faintly or who have resided togclhci in the past as lid family, and persons who have a child in common regardless of whether they have been warned or have resided togclhci at any time 'Joutl bit ecngation" mains two agencies conducting continent criminal and protective investigations ' Neglect ' occurs when a child is deprived of or is allowed to be dcprtved of necessary food, clothing. shelter, or medical treatment oh a child is permitted to live 111 an envuai when such dept ivattan or environment cduscs the child's physical. mental or emotional health to be significantly impaired oh to be in danger of beutg significantly impaired [ 19 0 1(14 ), r 81 'Protective brve Ligation means the acceptance of a report alleging child abuse, abandonment or neglect by the central abuse hotline in 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 d child to another public or pnvate agency when appropriate [39 01(61) 1 S [ 2 C. INVESTIGATIVE PROCEDURES fhe Department of Children and Families shall mnnrcdia cly notify the C Ieimont Police Department as iequired 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 111 Clermont I he Clermont Police Department shall review the report, determine whether a crnunal mvestig.uton is that ranted and nosily the local Department of Children and Families Office in Lake County II the Clei moat Police Department law enforcement agency does not accept the case for criminal investigation, the agency shall notify the department in writing 2 1 he notification process shall be a Child Protective Investigators will contact 911 for at deputy /officer to respond to the location of the child protective ntvesmgator on all reports of known or suspected child abuse made to die Department of Children and Families h At the scene. child protective investigators will provide the deputy/officer with a copy of the abuse intake repoi l and advise the deputylollicer oldie Department s prroi history with members of the household and /or subjects of the report 3. the Department of Children and I amrhes ( hild Protective Investigator retains the responsibility for notifying the Clermont Police Department as required by Sections 39.301(18). 1 Ionda Statutes inunedintely upon learning during the course of investigation or when providing sers ices that a. the immediate safety or well being of a child is endangered, b the tinnily is likely to Ilex, c a child has died as a result of abuse of neglect. d a child is the victnn of aggravated child abuse as defined in Section 827 03, f S e a child is the victim asexual battery 01 of sexual abuse as defined in Section 39.01(67) F S t a child is the victim of institutional abuse as defined in Section 39 01(33). f S . g a child is being removed from the home h a child is known 01 suspected to be a victim of human traflicktng. as piovuled in s 787 06 4 the Child Protective lnvesugatoi shall immediately call 911 and unarm the Clei moot Police Department that the Department of Children and Families has le.0 red of a situation covered by Section C 2 of this agreement site Clermont Pollee Department will assist in locating any alleged victims as described in Section C 2 A full written report will be delivered to the Clermont Police Department within three working days 5 As required by Section 39 306, F S , the Clermont Police Department will assume lead in conducting any potential criminal investigations involving children incases specified in Section C 2 above Flie protective investigation will he coordinated with the criminal investigation Evidence gathered in criminal investigations will he handled according to the policies and procedures of the Clermont Police Department 3 6. The agencies agree to conduct a form investigation During the course of such nwestigations, the agencies agree to share infc man 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 C hildren and Fanuhe% must be responded to by DC'1 withm 24 hours of receipt ol the report for most situations there are also situations which may require an immediate response due to the nature of the allegations 7 11 the Clennont Pollee Department requests Mai the protective investigator not interview the alleged perpetrator, that request shall he honored I he Department ol Cluldien and families case recnnf H document the date and time ol the request the person nutking the request and the reason for the request I he Clermont Police Department agrees to advise the Department ol Children and !amities when and if a protectne interview can he conducted and. when appropriate share the results of any into view conducted by ( Ierniont Police Department 8 I he Department 01 Children and I amthes will be responsible tor assessing the immediate safety 01 the child and taking the necessary actions that will ensure the continued safety of the child 1 he Department wi11 also be iesponsible for determining and implementing necessary services to support the family 9 In reports that have been determined to he false. as defined in Section 39 01(29).F S and Section 13 of this agreement, the Department ol Children and families will refer to the Clermont Police Department such information for a uununal investigation I his referral will be made with the consent of the person who was originally identified as the alleged perpetrator The Department of Children and I amities will refer all subsequent reports Involving children in the same Lundy to the Clermont Pollee Department for all responses during the pending criminal investigation 10 Unless otherwise specified in this written agreement or iequired by law, all reports ot alleged abuse or neglect of a child will be taken by die DCI Abuse 110111'1e for the area undci the jurisdiction 01 the law enforcement agency signing this agre anent, which shall then be transmitted to the local Department of Children and Families Office in Lake County for investigation I 1 The 1 lorida Abuse Hotline shall be responsible. as required by Section 39 201(2)(h). f S for transferring all calls with information that a child has been hai rated by a non - caretaker to the SheritT el the county in which the harm Demised a file Sheriff will he ies1,onsihle for establishing pruceduies for accepting such infotmauon including any follow -up hard copy report 'tom DC 1 and transferring it to any other appropri law enforcemenl,Iurtsdtcuon b the law enforcement agency designated to receive non - caretaker abuse calls for Luke County is the I ake County Shetif}'s Office. the phone if is 352 - 343 -2101 Hard copies ot DCF reports documenting child -on -child sexual allegations will he forwarded to Lake County Shenfl's Office, 360 W Ruby Street, I avures. FL 32778 within 48 hours of receipt 12 1 he Department of Children and Families and the Clermont Police Department shall develop implement, and pi ovide naming on Jots investigative purocols and protocols to the assessment 01 faintly violence during abuse investigations and the assessment of abuse during family violence investigations 4 13 If the Clennont Police Depanmcnt recen es inlormauon of a surrendered newborn infant and there is no indication of abuse, neglect or abandonment of the infant other than that necessarily entailed an the infant having been surrendered to fire station or hospital. the Clermont Police Department will assure that the inlant is taken to the hospital for a medical examination to determine if the inlant is seven days 01 agc or less Fhc report shall not be considered a report of abuse, neglect, or abandonment solely because the infant has been left at a hospital pursuant to , 183 50 If the infant meet, the ci neria of abuse neglect, or abandonment the hospital or Clermont Police Department will 4.ont8u 1- 800- 96Al3USI 14 if the caller reports indication, of abuse or neglect beyond that uceessar ily entailed in the infant having been surrendered to a lire station or hospital. the report shall be considered as a report oI abuse neglect. or abandonment and shall be unbteca to the requirement of s 39 201 and all other relevant provision of this chapter U. SIIARIN(: OF INFORMATION l The Department of Children and Families is recognized as a C11111111111 Justtce agency for the purpose of child protective investigations. pursuant to Section 943 045(10)(d) and (e), F S Pursuant to Section 39.306, 1 S , and within statutory guidelines, Clermont Pollee Department 15 authorized to share with assigned Department of Children and I amities protective mvestigalois. rlonda criminal history and local criminal history that is not otherwise exempt under Section I19(17(1), u Such information may be used only in the furtherance of a specific child protective imcstigation, including the emergency placement of an endangered child I he agencies will clearly define those investigations specified under this section b Such information will he provided without change e Such information may be pmvidcd by the assigned criminal investigator or through the Clermont Police Department Records Division 2 Within statutory guidelines. the Clermont Police Depaiunen( will. upon request. provide to the designated child protective mvestigaioi a copy oI all initial law enloteement rcpons 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 cleat ly defined as part oI this agreement but shall include those in which children are present when lamdy violence occurs h 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 Clermont Police Department shall develop procedures to allow access to or otherwise sham all appropriate local criminal Information on an individual tinder investigation. at no charge with the assigned punec(Ivc investigator 4 During criminal investigations and within statutory guidelines, the Department of Children and Families will provide to the Clermont Police Department copies of protective investigation reports including, when requested ph for reports on the child 01 alleged perpetrator Any reports 5 i shall be provided without cast to the law enforcement agency and pursuant to I SA 39 202 shall include the name of the NI son reporting the child abuse I lowever- the name of any person reporting child abuse, abandonment, or neglect may not be released to any person other than employees oldie department responsible for child protective services the central abuse hotline, law enforcement. the child protection team of the appropriate stale attorney This does not prohibit the subpoenaing of a person reporting child abuse, abandonment, or neglect when deemed necessary by the court, the state atloincy of the department, provtdcd the fact that such person made the report is not disclosed 5 All mlbrn 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 otherto ise aulhot iictf Or mandated by law / n '.�1 e � �/a/ SDate Datd Print Print Pollee Chief Will mn 1)' Ainto, Circuit Administrator Clermont Police Depatintent Department of Children and Families P signaled Contact Name' ,.,,)I-Pv/''s../;Vera Kimberly(irabert Title: f� /.(,r tse}nf Program Administratoi Clermont Police Department Department of Children and I minims Phone : j5�L /_SSe{ /Ly Phone 152- 742 -6134 Cell: Z; Z c.36 Cell 352 -303 -1366 21111 vcrsum 6 ■