MEMORANDUM OF UNDERSTANDING / WORKING AGREEMENT VULNERABLE ADULT PROTOCOL The Florida Department of Children and Families Circuit 15 Adult Protective Services, State Attorney s Office of the 15 th Judicial Circuit And Palm Beach County Law Enforcement Agencies PURPOSE The purpose of this agreement is to coordinate services of the law enforcement agencies within Palm Beach County, State Attorney s Office of the 15 th Judicial Circuit and Adult Protective Services (APS) with the Florida Department of Children and Families, through cooperation, collaboration, and the sharing of appropriate information. This agreement recognizes operational protocols for the joint investigation of abuse reports involving both criminal and adult protective allegations. Such protocols may be addressed herein or be supplemented by a document in writing signed by the parties hereto whenever procedures are needed. It is the objective of this document to: Facilitate standard, consistent and thorough investigations of allegations of abuse, neglect, or exploitation of the elderly and/or disabled vulnerable adult. Maximize resources through a joint investigative process. Coordinate wherever possible interviews of the elderly and/or disabled vulnerable adults who are victims of abuse, neglect, or exploitation to minimize unnecessary inconvenience to the victim. Facilitate the orderly collection of evidence in the criminal investigative process. Ensure the provision of appropriate services when deemed necessary for the elderly and/or disabled vulnerable adults. Provide a forum for on-going communication and resolution of issues involving the safety of the elderly and/or disabled vulnerable adults in this community and to foster an effective collaboration among: Law Enforcement Agencies Office of the State Attorney/Elder Abuse Unit Judiciary Domestic Violence Providers Adult Protection Team Your Aging Resource Center (Area Agency on Aging) and its providers Agency for Persons with Disabilities Florida Department of Children and Families (DCF) Adult Protective Services Program, and the Substance Abuse & Mental Health Program and its DCF-API, State Attorney s Office, and Law Enforcement Agencies Final 10/21/2010 Page - 1 - of 7
DEFINITIONS Providers For the purposes of this protocol the definitions of an Elderly Person and Disabled Adult as set forth in F.S. 825.101 and F.S. 415.102 are included in Attachment A. INVESTIGATIVE PROCEDURES 1. The Florida Abuse Hotline, known as the Hotline, of DCF is responsible, as required by Florida Statute 415, for accepting reports of abuse, neglect, or exploitation of elderly and/or disabled vulnerable adults and transmitting each report to the county where the elderly and/or disabled vulnerable adult (victim) is located. 2. The Adult Protective Investigator (API) shall immediately orally notify and send a copy of the initial intake report, as required by Florida Statute 415, to the undersigned law enforcement agency when the department has reason to believe that abuse, neglect, or exploitation has occurred and was perpetrated by a party other than the elderly and/or disabled vulnerable adult (victim). 3. The Adult Protective Investigator shall immediately notify, as required by Florida Statute 415, the undersigned law enforcement agency in writing when there is reasonable cause to suspect that an elderly and/or disabled vulnerable adult (victim) died as a result of abuse, neglect, or exploitation. 4. The undersigned law enforcement agency shall review the abuse report and determine whether a criminal investigation is warranted. 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 shall be handled according to the procedures of the agency having jurisdiction where the alleged offense occurred (JO agency). 5. If a criminal investigation is deemed warranted by an undersigned law enforcement agency, the Elder Abuse Prosecutor of the Office of the State Attorney shall be notified immediately. This will allow for issues including the victim s capacity to testify and evidence collection to be coordinated as early as possible in the investigative process. 6. If law enforcement determines that a criminal investigation is deemed warranted as a result of the death of a vulnerable adult, the Major Violent Crimes Division of the Office of the State Attorney shall be contacted immediately. The assigned investigator from the Office of the State Attorney shall notify the designated Elder Abuse Prosecutor as necessary in a timely manner. DCF-API, State Attorney s Office, and Law Enforcement Agencies Final 10/21/2010 Page - 2 - of 7
7. If, during the course of a protective investigation being conducted by DCF, the JO Agency determines that a criminal investigation is warranted, then the undersigned agencies agree to conduct a joint investigation. During the course of such investigations, the parties hereto agree to share information whenever possible. Any information received from the JO Agency by DCF shall become a permanent part of the case record and as such is confidential and shall be exempt from the production pursuant to s. 119.07 (1) and may not be disclosed except as specifically authorized by ss. 415.101-415.113 in accordance with s. 415.107(1), F.S. 8. If the JO Agency requests that the API not interview the possible responsible person, that request shall be honored. The API shall 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 agrees to advise the API when the interview may be conducted and shall, when appropriate, share the results of any interview conducted by the JO law enforcement agency. Every effort shall be made to preserve the confidentiality of the criminal investigation. The JO law enforcement agency shall facilitate transportation and any additional emergency services. 9. The Adult Protective Investigator shall be responsible for assessing the immediate safety of the elderly and/or disabled vulnerable adult. If the API determines the elderly and/or disabled vulnerable adult is in need of emergency protective services, law enforcement may be contacted for assistance. If the API determines that law enforcement assistance is needed, it shall be considered a priority call and the law enforcement officer shall meet the API at the location of the elderly and/or disabled vulnerable adult within 30 minutes. If it is more than 30 minutes, law enforcement shall contact the API with the estimated time of arrival. It shall be the responsibility of the API to determine the need for services and request any social services deemed necessary to support the elderly and/or disabled vulnerable adult. The undersigned law enforcement agency shall provide input and/or recommendations to the API. 10. The agreement, with any attachments, is pursuant to Florida Statute, 415.1045(6) and is intended to constitute the necessary and written protocols as set forth therein, and includes: a. Information governing response to abuse, neglect, and exploitation reports or investigations; b. An assessment of risk by DCF; and c. Release and maintenance of records and other information. 11. Should any conflicts occur: DCF-API, State Attorney s Office, and Law Enforcement Agencies Final 10/21/2010 Page - 3 - of 7
a. During a protective investigation, resolution shall be attempted at the lowest ranking levels possible, and consideration shall be given to the following items: The welfare of the elderly and/or disabled vulnerable adult; and The thoroughness and integrity of the criminal investigation; and The thoroughness and integrity of the adult abuse investigation. b. If resolution is not achieved at the lowest ranking level, the Vulnerable Adult Specialist from the agencies in disagreement shall be contacted by their perspective staff in an effort to reach a resolution. Opportunities for improvement in the investigative process shall be addressed by the Vulnerable Adult Specialist at the Interagency Vulnerable Adult Management Team quarterly meeting. c. During a criminal investigation, the JO Agency directives shall prevail. SHARING INFORMATION 1. Pursuant to section 415.1045(6) F.S., the JO Agency conducting any criminal investigation arising from an allegation of abuse, neglect, or exploitation of an elderly and/or disabled vulnerable adult is authorized to share with APIs, Florida criminal history information accessed through the Florida Crime Information Center. DCF agrees not to further disseminate this information 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 an elderly and/or disabled vulnerable adult. b. Such information shall be timely provided without charge. c. Such information may be provided by the assigned criminal investigator or through a component of the undersigned law enforcement agency as determined by local protocol. d. The release of such information shall be documented in accordance with applicable Florida Department of Law Enforcement, Florida Crime Information Center procedures. 2. Within statutory guidelines, the undersigned law enforcement agency shall, upon request, provide to the designated API a copy of all initial law enforcement reports pertaining to an elderly and/or disabled 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. Narrative descriptions and any subsequent, supplemental, or related reports shall be provided. DCF-API, State Attorney s Office, and Law Enforcement Agencies Final 10/21/2010 Page - 4 - of 7
3. After the case has been closed or presented to the State Attorney, the JO Agency shall, within five (5) working days after completing their investigation, provide to the designated API a report of the criminal investigation findings. 4. Within statutory guidelines, the API shall provide copies of protective investigation reports to the law enforcement agency assigned to conduct the criminal investigation. 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 Florida Statute 415.107. 5. All information, reports, documents, etc., provided under the provisions of this agreement that become a part of DCF 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. 415.101-415.113, in accordance with s. 415.107(1), F.S. 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 occurred (such as a hospital emergency room, or a nursing home facility), the undersigned law enforcement agency further agrees 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 particular 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 onduty supervisor of the agency having jurisdiction where the alleged offense occurred (JO agency). The JO agency is responsible for further investigating the criminal act(s). 2. The JO agency shall promptly inform the JV agency what type of response shall 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. If the JV agency conducts an investigation, the investigation officer shall prepare a written report, Assist Other Agency, and shall send it to the JO agency s case agent, or appropriate component, as soon as possible. DCF-API, State Attorney s Office, and Law Enforcement Agencies Final 10/21/2010 Page - 5 - of 7
TRAINING OF THE MOU/PROTOCOL Elderly and/or Disabled Vulnerable Adult Protocol Implementation and Training The Law Enforcement Agencies from the various municipalities, Palm Beach County Sheriff s Office, State Attorney s Office of the 15 th Judicial Circuit and DCF Adult Protective Services shall each be responsible for assuring the implementation of the Memorandum of Understanding/Protocol to their respective staffs. MANAGEMENT/OVERSIGHT STRUCTURE Interagency Implementation and Management Team A Vulnerable Adult Specialist with the appropriate subject matter expertise shall be appointed by the following agency heads and shall meet quarterly to provide a forum for on-going communication and resolution of issues involving the investigative process and the safety of the elderly and/or disabled vulnerable adults in this community: Law Enforcement Agencies from each of the municipalities Office of the State Attorney/Elder Abuse Unit Judiciary Domestic Violence Providers Adult Protection Team Your Aging Resource Center (Area Agency on Aging) and its providers Agency for Persons with Disabilities Florida DCF Adult Protective Services Program, and the Substance Abuse & Mental Health Program and its providers The Interagency Vulnerable Adult Management Team shall be responsible for the ongoing system assessment, investigative process improvement and the identification/development of additional training needs. TERM OF AGREEMENT This agreement shall continue indefinitely subject to periodic reviews. However, any party hereto may withdraw by providing thirty days written notice to the other agencies. Nothing in this agreement shall supersede any state or federal statutory or regulatory requirements or obligations. IN WITNESS WHEREOF, the parties hereto cause their signatures to be affixed DCF-API, State Attorney s Office, and Law Enforcement Agencies Final 10/21/2010 Page - 6 - of 7
this day of 2010 RIC BRADSHAW PALM BEACH COUNTY SHERIFF CHIEF OF POLICE DESIGNATED CONTACT SUZANNE VITALE CIRCUIT 15 OPERATIONS ADMINISTRATOR FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES DESIGNATED CONTACT ANDREA WOODARD CIRCUIT 15 PROGRAM OPERATIONS ADMINISTRATOR ADULT PROTECTIVE SERVICES FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES MICHAEL MCAULIFFE STATE ATTORNEY 15 TH JUDICIAL CIRCUIT DCF-API, State Attorney s Office, and Law Enforcement Agencies Final 10/21/2010 Page - 7 - of 7