HomeMy WebLinkAboutReso 2003-530
RESOLUTION NO. 2003 - C;--::So
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE FLORIDA
DEPARTMENT OF CHILDREN & FAMILIES, FOR THE ADULT
PROTECTIVE INVESTIGATIONS PROGRAM, ATTACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Adult Protective Services Florida Statute, Section 415.1045(6) requires
that the Department of Children and Families enters into an agreement with law enforcement
agency(ies) that will conduct any criminal investigation arising from an allegation of abuse,
neglect or exploitation; and
WHEREAS, the purpose of this agreement is to coordinate services of the law
enforcement agency(ies) within Miami-Dade County and Adult Protective Investigations,
through cooperation, collaboration, and the sharing of appropriate infol1nation, recognizing
operational protocols for the joint investigation of abuse reports involving both criminal and adult
protective allegations; and
WHEREAS, the City of Sunny Isles Beach wishes to enter into an Agreement with the
Florida Department of Children & Families, attached hereto as Exhibit "A", for the Adult
Protective Investigations Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement between the City of Sunny Isles Beach
and the Florida Depmtment of Chqdren & Families, for the Adult Protective Investigations
Program, attached hereto as Exhibit "A", be and the same, is hereby approved.
Section 2. Authorization of Mavor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the telms of this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 20th day of March, 2003.
Draft R2003 Working Agmt FL Dept OrChild Fam
ATTEST:
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Jane A. Hines, Acting City Clerk
Approved As to FOl1n and
Legal Sufficiency:
Vote: S-O
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
Moved by:
Seconded by:
~(Yes)
, (Yes)
~(Yes)
~(Yes)
~(Yes)
Draft R2003 Working Agmt FL Dept OrChild Fam
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David Samson~ Mayor
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_(No)
_(No)
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Cfiiej of Po[ue
To: The Commission, City Manager and Mayor of Sunny Isles Beach
From: ~red.A, Maas; Chief of Police
Date: March 13, 2003 .
. d Subject: Authorization for the Chief of Police to enter into an agreement between
the City of Sunny Isles Beach and the Florida Department of Children'&
Families, Adult Protective Division.
, Recommendation:
. .
. It is recommended that the City Commission approve a Resolution authorizing the City
of Sunny Isles Beach Police Department to enter into 'an agreement with the Florida
. .
Department of Children & Families, Adult Protective Division.
Reason:
. .. .
The purpose of this agreement is to coordinate services between the City of Sunny Isles"
Beach Police Department and the Florida Department of Children & Families, Adult
Protective Division, thiough cooperation and sharing of information regarding both
'(ibusive.and crimiriai allegations of the adult community witltin our city. Joint'
investigations require certain protocols and this agreement covers such procedures.
Additional Information:
. .
The City of Sunny Isles Beach and its Police Department are currently under a
cooperative agreement with the Florida Department of Children & Family Services in the
area of child abuse and criminal allegations involving children. This resolution extends
, our agreement to the scope of adult protective services as well.
...~.~
Fred A. Maas
. Chief of Police
-'
Agenda Item
17070 COLLINS A VENUE #255-SUNNY ISLES
(305) 947-4440 FAX (305) 941 Date
AGREEMENT
The Undersigned Law Enforcement Agencies
and the
Adult Protective Investigations Program of the
Depattment of Children and Families
The undersigned agency(ies) agree to the following:
A. PURPOSE
The purpose of this agreement is to coordinate services of the law enforcement
agency(ies) within Miami-Dade County and Adult Protective Investigations, through
cooperation, collaboration, and the sharing of appropriate infol1nation. This agreement
recognizes operational protocols for the joint investigation of abuse repOlts involving
both criminal and adult protective allegations. Such protocols may be addressed herein
or be supplemented by a document in writing signed by the patiies hereto whenever
procedures are needed.
It is the objective of this document to:
1. Facilitate standard, consistent and thorough investigations of allegations of
abuse, neglect, or exploitation of vulnerable adults;
2. Maximize resources through ajoint investigative process;
3. Coordinate wherever possible interviews of vulnerable adults who are victims
of abuse, neglect, or exploitation to minimize mmecessary inconvenience to
the victim;
4. Facilitate the orderly collection of evidence in the criminal investigative
process;
5. Ensure the provision of appropriate services when deemed necessary for
vulnerable adults; and,
6. Provide a forum for on-going communication and resolution of issues
involving the safety of vulnerable adults in this community and to foster an
effective collaboration among:
a. Law enforcement;
b. Office of the State Attomey;
c. Judiciary;
d. Domestic violence providers;
e. Adult Protection Team;
f. Depmtment of Children and Families; and,
g. Miami-Dade County Sheriffs Office Adult Protection Investigation
Division
B. DEFINITIONS
"Adult Abuse": Any willful act or threatened act that causes or is likely to cause
significant impailment to a vulnerable adult's physical, mental, or emotional health.
Abuse includes acts and omissions. [Florida Statute 415.102(1)]
"Adult Exploitation ": A person who:
1. Stands in a position of trust and confidence with a vulnerable adult and
knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a
vulnerable adult's funds, assets, or propelty with the intent to temporarily or pennanently
deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or
property for the benefit of someone other than the vulnerable adult; or,
2. Knows or should know that the vulnerable adult lacks the capacity to consent,
and obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, assets, or
property with the intent to temporarily or pel1nanently deprive the vulnerable adult of the
use, benefit, or possession of the funds, assets, or property for the benefit of someone
other than the vulnerable adult.
"Exploitation" may include, but is not limited to:
1. Breaches of fiduciary relationships, such as the misuse of a power of
attomey or the abuse of guardianship duties, resulting in the
unauthorized appropriation, sale, or transfer of property;
2. Unauthorized taking of personal assets;
3. Misappropriation, misuse, or transfer of moneys belonging to a
vulnerable adult from a personal or joint account; or
4. Intentional or negligent failure to effectively use a vulnerable adult's
income and assets for the necessities required for that person's support
and maintenance. [Florida Statute 415.102(7)]
"Vulnerable Adult In Need of Services": A vulnerable adult who has been determined by
a protective investigator to be suffering from the ill effects of neglect not caused by a
second pmty perpetrator and is in need of protective services or other services to prevent
fUliher hal1n. [Florida Statute 415.102 (27)]
"Adult Neglect": The failure or omission on the pmt of the caregiver to provide the care,
supervision, and services necessary to maintain the physical and mental health of the
vulnerable adult, including, but not limited to, food, clothing, medicine, shelter,
supervision, and medical services, that a prudent person would consider essential for the
well-being of a vulnerable adult. Also means the failure of a caregiver to make a
reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by
others. Also repeated conduct or a single incident of carelessness which produces or
could reasonably be expected to result in serious physical or psychological injury or a
substantial risk of death. [Florida Statute 415.102 (15)]
"Capacity to consent": A vulnerable adult has sufficient understanding to make and
communicate responsible decisions regarding the vulnerable adult's person or propelty,
including whether or not to accept protective services offered by the department. [Florida
Statute 415.102 (3)]
"Caregiver": A person who has been entrusted with or has assumed the responsibility for
frequent and regular care of or services to a vulnerable adult on a temporary or pel111anent
basis and who has a commitment, agreement, or understanding with that person or that
person's guardian that a caregiver role exists. "Caregiver" includes, but is not limited to,
relatives, household members, guardians, neighbors, and employees and volunteers of
facilities. "Caregiver" does not include law enforcement officers or employees of
municipal or county detention facilities or the Department of COITections while acting in
an official capacity. [Florida Statute 415.1 02(4)]
"Domestic Violence": "Means any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false
imprisolID1ent, or any criminal offense resulting in physical injury or death of one family
or household member by another family or household member." [Florida Statute 741.28,
in pmt]
"Emergency Protective Services Intervention ": The provision of emergency services to
include, entry of premises, removal from premises, and medical treatment to a vulnerable
adult who (1) is suffering from abuse or neglect, (2) presents a risk of death or serious
physical injury and, (3) lacks the capacity to consent to emergency protective services. If
the vulnerable adult has the capacity to consent and refuses consent to emergency
protective services, such services may not be provided. [Florida Statute 415.1051(2)]
"Joint Investigation": The coordination of a criminal investigation being conducted by
the JO Agency and a protective investigation being conducted by the Depmtment of
Children and Families.
"Law enforcement Agency of Jurisdiction where a victim is located (JV Agency)": The
law enforcement agency who assists the law enforcement agency of jurisdiction over the
offense.
"Law Enforcement Agency of Jurisdiction over the offense (JO Agency)": The law
enforcement agency, which will conduct the criminal investigation.
"Protective Investigation ": A fact finding and emergency service engagement process
with the primary goal of protecting vulnerable adults (Disabled adults or elderly persons).
"Vulnerable Adult": A person 18 years of age or older whose ability to perf 01111 the
n0l111al activities of daily living or to provide for his or her own care or protection is
impaired due to a mental, emotional, physical, or developmental disability or
dysfunctioning, or brain damage, or the infil111ities of aging. [Florida Statute
415.102(26) ]
C. INVESTIGATIVE PROCEDURES
1. The Florida Abuse Hotline, known as the "Hotline", of the Florida
Department of Children and Families (DCF) is responsible, as required by
Florida Statute 415, for accepting reports of abuse, neglect, or exploitation of
vulnerable adults and transmitting each report to the county where the
vulnerable adult (victim) is located.
2. The DCF adult protective investigator (API) shall immediately orally notify,
as required by Florida Statute 415, the undersigned law enforcement agency
when the depmtment has reason to believe that abuse, neglect, or exploitation
has occurred and was perpetrated by a party other than the vulnerable adult
(victim). Following the oral notification, the API will, within 5 days, deliver
or transmit a copy of the abuse repOlt to the undersigned law enforcement
agency or to the law enforcement officer assigned to the criminal
investigation. If an emergency response for a law enforcement officer is
necessary, the API shall notify the appropriate law enforcement agency by
contacting Sunny Isles Beach Police Department.
3. The API will immediately notify, as required by Florida Statute 415, the
undersigned law enforcement agency in writing when there is reasonable
cause to suspect that a vulnerable adult (victim) died as a result of abuse,
neglect, or exploitation.
4. The undersigned law enforcement agency(ies) will review the abuse repOli
and determine whether a criminal investigation is wal1"anted. If a criminal
investigation is initiated, the criminal investigation shall be coordinated with
the adult protective investigation to proceed concurrently with, and not be
hindered by, the protective investigation. Evidence gathered in criminal
investigations will be handled according to the procedures of the JO Agency.
5. If, during the course of a protective investigation being conducted by the
Depmtment of Children and Families, the JO Agency detelmines that a
criminal investigation is warranted, then the undersigned agencies agree to
conduct a joint investigation. During the course of such investigations, the
pmties hereto agree to share infOlmation, whenever possible. Any
infol111ation received from the JO Agency by the Depmtment of Children and
Families will become a pel111anent pmt of the case record and as such is
confidential and shall be exempt from production pursuant to s.119.07 (1) and
may not be disclosed except as specifically authorized by ss.415.1 0 1-415 .113,
in accordance with s.415.107(1),F.S.
6. If the JO law enforcement agency(ies) request that the API not interview the
possible responsible person, that request shall be honored. The API must then
document the date and the time of the request, the person making the request
and the reason for the request. The JO law enforcement agency(ies) agree to
advise the API when the interview may be conducted and will, when
appropriate, share the results of any interview conducted by the JO law
enforcement agency(ies). Every effOlt will be made to preserve the
confidentiality of the criminal investigation.
7. The API will be responsible for assessing the immediate safety of the
vulnerable adult. If the API detem1ines the vulnerable adult is in need of
emergency protective services, law enforcement may be contacted for
assistance. The law enforcement officer on the scene may provide
transpOltation if medical transpOltation is not available. It shall be the
responsibility of the API to detel111ine the need for and request any social
services deemed necessary to support the vulnerable adult. The undersigned
law enforcement agency(ies) will provide input and/or recommendations to
the API.
8. The API and the undersigned law enforcement agency(ies) will develop,
implement, and provide training on these joint investigative protocols,
protocols for the assessment of domestic violence during abuse investigations,
and the assessment of abuse during family violence investigations.
9. This agreement, with any attachments, is pursuant to Florida Statute,
415.1045(6), and is intended to constitute the necessary and written protocols
as set fOlih therein, and includes:
a. Infol111ation goveming response to abuse, neglect and exploitation reports
or investigations,
b. An assessment ofrisk by the Depmiment of Children and Family Services,
and
c. Release and maintenance of records and other information.
10. Should any conflicts occur:
a. During a protective investigation, resolution shall be attempted at the
lowest ranking levels possible, and consideration shall be given to the
following items:
1. The welfare of the vulnerable adult, and
2. The thoroughness and integrity of the criminal investigation, and
3. The thoroughness and integrity of the adult abuse investigation.
b. During a criminal investigation, the JO law enforcement agency shall
prevail.
D. SHARING INFORMATION
1. Pursuant to section 415.1045(6) F.S., the JO law enforcement agency(ies)
conducting any criminal investigation arising from an allegation of abuse,
neglect, or exploitation of a vulnerable adults is authorized to share with APIs
Florida criminal history infol111ation accessed through the Florida Crime
Information Center. The Department of Children and Families agrees not to
fmther disseminate this infOlmation in the absence of an Order from a court of
competent jurisdiction requiring it to do so.
a. Such information may be used only for the furtherance of a specific adult
protective investigation, including the emergency placement of a
vulnerable adult. Infol111ation is defined in D.2 below.
b. Such information will be timely provided without charge.
c. Such info1111ation may be provided by the assigned criminal investigator or
through a component of the undersigned law enforcement agency(ies) as
detel111ined by local protocol.
d. The release of such infOlmation will be documented in accordance with
applicable FDLE FCIC procedures.
2. Within statutory guidelines, the undersigned law enforcement agency(ies)
will, upon request, provide to the designated API a copy of all initial law
enforcement repOlts peltaining to a vulnerable adult (victim) or possible
responsible person under investigation to the extent that the documents are
public records and are not part of an active criminal investigation, including
one relating to domestic violence. Nanative descriptions and any subsequent,
supplemental, or related repOlts will be provided. These reports would also
include those in which a vulnerable adult is present when family violence
occurs, even if the vulnerable adult is not the victim.
3. After the case has been closed or presented to the state attol11ey, the JO law
enforcement agency(ies) will, within five (5) working days after completing
their investigation, provide to the designated API a repOlt of the criminal
investigation findings.
4. Within statutory guidelines, the API will provide copies of protective
investigation repOlis to the law enforcement agency(ies) assigned to conduct
the criminal investigation. Any repOlis shall be provided without cost to the
law enforcement agency(ies). Copies of these reports shall include the
identity of the repOlter, which remains confidential pursuant to Florida Statute
415.
5. All infOlmation, reports, documents, etc., provided under the provisions of
this agreement that become a pmt of a Department of Children and Families
case record is confidential and shall be exempt from production pursuant to
119.07 (1) and may not be disclosed except as specifically authorized by
ss.415.1 01-415.113, in accordance with s. 415.107(1), F.S.
E. COORDINATION OF PRELIMINARY VICTIM CONTACT BETWEEN LAW
ENFORCEMENT AGENCIES: The jurisdiction of the victim-location (JV) agency, and
the jurisdiction of offense-location (JO) agency.
1. Because victims are sometimes found in a jurisdiction other than the
jurisdiction in which an alleged offense occun-ed (such as a hospital
emergency room, or a nursing home facility), the undersigned law
enforcement agency(ies) fmther agree to coordinate initial inquiries, and
preliminary investigations. In these cases, the agency having jurisdiction
where the victim is located (JV agency) shall, if requested by any of the
undersigned agencies, have a law enforcement officer respond and conduct a
preliminary inquiry to establish sufficient facts upon which the case may be
evaluated, giving pmticular attention to the severity of the alleged offense, the
availability of witnesses, and the existence of physical evidence which
requires timely handling. Once the preliminary inquiry is conducted, an
immediate notification shall be given by the JV agency to an on-duty
supervisor of the agency having jurisdiction where the alleged offense
OCCUlTed (JO agency). The JO agency is responsible for fUlther investigating
the criminal act(s).
2. The JO agency shall promptly inf0l111 the JV agency what type of response
will be made and when the response will occur. The JO agency may request
the JV agency conduct a preliminary interview of the victim and witnesses,
and other activities associated with a preliminary investigation. Ifthe JV
agency conducts an investigation, the investigating officer shall prepare a
written repOlt, "Assist Other Agency", and shall send it to the JO agency's
case agent, or appropriate component, as soon as possible.
CANCELLATION
This agreement shall continue until . However, any party hereto may
withdraw by providing thiIty days written notice to the other agency(ies).
Nothing in this agreement shall supercede any state or federal statutory or
regulatory requirements.
IN WITNESS WHEREOF, the parties hereto cause their signatures to be affixed
this:L day of tlPi4 L ,2003.
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Date
1~fC'H rLDRE N
& FAMILIES
Jeb Bush
Governor
Jerry Regier
Secretary
Samara H. Kramer, D.B.A.
Interim District Administrator
"COMMITTED TO EXCELLENCE"
April 1 0, 2003
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AP{~ .11 2003
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City of Sunny Isles Beach
Attn: Jane A. Hines, Acting City Manager
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FI 33160
Dear Ms. Hines:
Samara H. Kramer, D,B.A., Interim District Administrator, has asked me to forward to
you this signed and dated copy of the Working Agreement between your department and
the Department of Children and Families. It is always a pleasure to work with our
partners in law enforcement to ensure the safety and well-being of the vulnerable adults
we serve.
If you need further assistance or information, please feel free to call me at (305) 377-
5632.
Sincerely,
..---
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Program Administrator
Adult Services
cc: Lieutenant Michael A. Grandinetti
District Program Office - Adult Services
401 NW 2nd Avenue, Suite N-812, Miami, Florida 33128
The Department of Children and Families is committed to working in partnership with local
communities to ensure safety, well-being and self-sufficiency for the people we serve.
OF \U"
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
City Commission
David Samson, Mayor
Norman S. Edelcup, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lila Kauffman, Commissioner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Christopher J. Russo, City Manager
Lynn M. Dannheisser, City Attorney
Jane A. Hines, Acting City Clerk
MEMORANDUM
To:
Lt. Michael Grandinetti
Jane A. Hines, Acting City Clerk ~ ~, ~
From:
Date:
March 27, 2003
Subject:
Agreement with the Florida Department of Children & Families per
Resolution No. 2003-530
Attached please find three (3) original copies of the above-referenced agreement,
along with a certified copy of Resolution No. 2003-530 (for their records), for
your transmittal letter to complete signatures. Please request them to return two
(2) signed, original copies to the City Clerk's Office. Thank you.
JAH:mw
Attaclunents
c: Fred Maas, Police Chief