HomeMy Public PortalAboutRES-CC-2004-01RESOLUTION # 01-2004
A RESOLUTION ADOPTING AN INTERAGENCY AGREEMENT AMONG THE
GRAND COUNTY CHILDREN'S JUSTICE CENTER, THE CITY OF MOAB AND
VARIOUS OTHER AGENCIES.
WHEREAS, The City of Moab, along with Grand County and Other agencies, have developed
and utilized the Children's Justice Center (CJC), in order to provide a comprehensive multi-
disciplinary response to child sexual abuse and senous physical abuse in Grand County, and
WHEREAS, the Interagency Agreement Presented to this meeting of the Moab City Council
continues the relationships and services offered at the CJC,
NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that The City of
Moab approves the Grand County Children's Justice Center Interagency Agreement and authonzes the
appropnate individuals to execute and deliver same
1 This resolution shall be effective immediately upon its passage
PASSED AND APPROVED THIS 13th day of January, 2004
Signed G
ifiL* David L Saknson
Mayor
(40EST
6,9,,,p c-P(,a,,,,,,
Rachel Ellison
City Recorder
Resolution 1l01-2004 January l3, 2004
6 ✓i 9i vvr,._.0-JS I te‘ C'ovviva.c 4- •i 1412-
S-31-ay
GRAND COUNTY CHILDREN'S JUSTICE CENTER
INTERAGENCY AGREEMENT
Apnl 14, 2003
This agreement is made and executed by and among the followmg public offices
and agencies
Grand County
Grand County Attomey
Grand County Sheriffs Office
City of Moab
Moab City Police Department
Utah Dept of Human Seances, Division of Child and Family Services
Utah Dept of Human Services, Division of Services for People with Disabilities
Attorney General's Office
The Office of the Guardian Ad Litem
The Four Comers Commumty Behavioral Health
Seekhaven Family Cnsis & Resource Center
Southeastem Utah District Public Health Department
The Grand County Board of Educahon
Allen Memonal Hospital
Adult Probation do Parole
Juvemle Justice Probation
This agreement is made and entered into based upon the following recitals
A This agreement is made and entered into as an interagency agreement by
the aforemenhoned agencies
B The parties recognize that child abuse is a social and community problem
that is best addressed through the collective knowledge, skills, resources, personnel, and
efforts of vanous public and pnvate agencies, professionals, and other agencies or people
Grand County Chi ens Justice Center
Interagency Agreement
so that individual appropnate and adequate assistance may be provided for victims of
child abuse and their famihes
C Section 67-5b 102, Utah Code Ann , establishes a program for the creation
and operation of Children's Justice Centers m the State
D Sechon 67-5b-104, Utah Code Ann , specifies that m order to contract as a
Children's Justice Center, a comprehensive multi-disciphnanan non-profit
intergovernmental body consisting of two or more public agencies and other persons
must enter in wntten agreement with one another for Joint or cooperative action pursuant
to Section 67-5b-102, Utah Code Ann (The parties are each a public agency enabled to
Join m this cooperative action and create such an intergovernmental body )
E The parties desire to establish a Children's Jushce Center as authorized
and pursuant to applicable State Law
NOW, THEREFORE, the parties hereto hereby agree as follows
I MISSION AND GOALS
A Mission
The mission of this Center is to provide a comprehensive multi-disciplmary
response to cluld sexual abuse and senous physical abuse m a Children's Justice Center
which will be referred to in this agreement as the "Center," established in accordance
with Section 67-5b-104, Utah Code Ann , where investigation, medical services,
treatment, case staffing, training, and other appropnate and related functions may be
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Grand County unildren's Justice Center
Interagency Agreement
conducted or coordinated for the purposes of protecting and service the best interest of
the child, child's family, and the community
B Goals
To accomphsh the foregomg mission, the Center will endeavor to obtain the
following goals
1 Develop a comprehensive, multi -disciplinary response to child
abuse that is designed to meet the needs and protect the nghts of
child victims and their families while complying with the
applicable constituhonal and statutory law for the protection of the
nghts of the alleged perpetrators
2 Mimmue the tune required to investigate, evaluate, and prosecute
criminal offenses mvolvmg child abuse and to nutiate the
treatment and the provision of necessary and appropnate services
for the abused child and the child's family
3 Establish a neutrally -based facility where professional documented
mterviews of and services for abused cluldren and their familtes
will be provided
4 Mmimize trauma to any child who is the victim of abuse that may
be caused or enhanced by multiple contacts with professionals
respondmg to child abuse allegations and investigations
5 Provide the family of any abused cluld with needed and
appropnate services and referrals
6 Maintain, encourage, and enhance open communication and case
coordination among those community professional agencies
involved in child abuse law enforcement, prosecution, and child
protection efforts
7 Coordmate and track investigative, enforcement, prosecution, and
treatment efforts
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Grand County CIA—Lren's Justice Center
Interagency Agreement
8 Enhance the skulls of professionals and agencies involved m child
abuse cases
9 Enhance community recognition, understanding, and response of
and to the problem of cluld abuse
II CREATION OF CENTER
The parties herby create a comprehensive, multi-disciplmary, non-profit
intergovernmental body for the purposes of estabhshmg, pancctpatmg, implementing, and
operatmg a cluldren's justice center to be lmown as the Grand County Cluldren's Justice
Center that shall be referred to m this agreement as the "Center "
III LOCAL ADVISORY BOARD
A Board
The Center shall have a Local Advisory Board to be known as the Grand County
Children's Justice Center Advisory Board that shall be referred to m this agreement as the
"Board "
B Members Number, Tenure, and Qualification
The number of members of the Board shall be not less than fourteen (14) Each
Board member shall hold office until lusher successor shall have been appointed by the
Grand County Council, unless s/he is removed or resigns in accordance with the
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Grand County l,mldren's Justice Center
Interagency Agreement
provision of the by-laws All members of the Board shall have full voting nghts The
members of the Board shall be according to the governmg statute and shall be as stated in
the Board's bylaws
C By -Laws (Attachment A)
The Board shall be governed by the by-laws as adopted and as may be amended
by a vote of the Board Pnor to the Board voting on amendments to the by-laws, a copy
of the proposed amended by-laws shall be provided to each signing agency for their
input After the by-laws are adopted, a copy Tull be provided to each agency
D Compensation
Children's Justice Center Advisory Board members shall not be paid or
compensated for their service as Board members, except that they may be reimbursed for
authonzed expenses incurred upon behalf of the Children's Justice Center
F Duties
The duties of the Board shall include making recommendations for
1 Policies, procedures, protocols, and programs,
2 Momtonng the overall functions, parties, and services of the
Center,
3 Budgets, fiscal policies, and fund raising efforts
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Grand County Ci .ren's Justice Center
Interagency Agreement
G Committees
The Board may also appoint from among its own members such other committees
as the Board may determine, winch shall from time to hme be prescnbed by the Board
These may consist of training, lobbying, public education, etc
IV CENTER STAFF AND OPERATIONS
A Center Supervision - County Attorney
Grand County, under the direction and authonty of the Grand County Attorney,
shall supervise the Director of the Center
B Center Director
1 There shill be a Center Director, who shall be responsible for the
daily operahon of the Center and have such other responsibilities as
assigned by the County Attorney
2 The Director shall be an employee of Grand County, subject to the
policies, rules, and regulations of the County and entitled to the
benefits of the county employee
3 The Board shall make recommendations to the County Attorney
concerning the appointment and duties of the Director The
County Attomey shall appoint the Director
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Grand County Cnildren's Justice Center
Interagency Agreement
C Staff
1 The Center may have such staff employees, whether part -tune or
full-time, as funding permits and as may be necessary and
appropnate to accomphsh its goals and fulfill its purposes
2 Staff members shall be employees of Grand County, subject to the
policies, rules, and regulations of the County and entitled to the
benefits of County employees
3 The Board and the Center Director shall make recommendations to
the County Attorney or his/her designee concerning the
appointment of staff members The County Attorney or his/her
designee shall appoint staffmembers
D Operations
The daily operations of the Center shall be supervised and coordmated by the
Director The duties of staff members, if any, should be specified in an operations
manual to be developed for the Center based upon recommendations of the Center
Director and the Board
E Conduct of Services
Medical personnel, law enforcement officers, prosecutors, and other professionals
whose agencies are part to tins agreement shall conduct their interviews and examinations
at the Center, as the resources of the Center may permit, unless the best interests of the
child dictate otherwise
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Urand County Cl ndren's Justice Center
Interagency Agreement
V FUNDING
Funding for the establishment and operation of the Center, including operation
and mamtenance costs, as well as capital expenditures, shall be denved from state,
federal, and pnvate grants, allocations made by the Utah State Legislature, and funds
received from other pnvate or public agencies
VI DURATION
This agreement shall be in effect for an indefinite penod not to exceed fifty (50)
years
VII FISCAL PROCEDURES
The Center is part of the County under the County Attomey's Office, and is
subject to the fiscal procedures, rules, and regulations of Grand County Grand County
shall provide fiscal services to the Center and oversee the fiscal aspects of the Center
including budgeting, costs, personnel, and management pursuant to Title 51, Chapter 2,
Utah Code Ann , and especially those requirements pertaining to audits of political
subdivisions, mterlocal organizations, and other local entities Funds obtained through
Friend's Board activities or donations will be administered by the Fnend's Board
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Grand County dren's Justice Center
Interagency Agreement
VIII RECORD OF AGREEMENT
Executed duplicated copies of this agreement shall be filed with the keeper of
records of each of the public agencies and other persons who are parties to this
agreement
IX RELIEF OF OBLIGATION
This agreement does not m any way reheve any public agencies of any obligation
or responsibility unposed upon it by law although the actual and tunely performance by
the Center by this agreement may be offered in full or partial satisfaction of the
obligation of responsibility
X TERMINATION
A Withdrawal
Any party to this agreement may withdraw from the agreement and participation
in the Center upon thirty (30) days wntten notice to the Board
B Board Action
The Board may terminate this agreement upon a vote of two-thirds (2/3) of the
total memberslup of the Board following actual notice of a meeting called for that
purpose to each of the Board members
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Grand County Chi ;n's Justice Center
Interagency Agreement
XI ADDITIONAL PARTIES
Other agencies or Jurisdictions who are not ongmal parties to this agreement may
Jom the agreement and participate m the Center with and upon the approval of the Board
and upon the execution of appropnate documents
XII RESOLUTIONS
This agreement shall be conditioned upon the adoption of resolutions of approval
as required by the Interlocal Cooperation Act by the legislative bodies of the
governmental entities of which the parties are each an agency or office
hereto
XIII EFFECTIVE DATE
The effective date of this agreement shall be the date of the last signature affixed
IN WITNESS WHEREOF, the parties have executed multiple copies or
counterparts of this agreement, each of which will be deemed an ongmal
GRAND COUNTY
By
Date
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Grand County idren's Justice Center
Interagency Agreement
GRAND COUNTY ATTO
By
Date 2.--'/ 5-200
GRAND COUNTY SHERIFF
By
Date o/p 7 , 2001t
Date 1 13 , L0(4 `-f
ATTEST
a.datQ r-ggiov.
City Recorder
The undersigned, the authonzed attomey for Moab City, approves the foregoing
agreement as bemg m proper fo
Moab City
yAttorney
Dated / , 2003
ompatible with state law
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Grand County CI en's Justice Center
Interagency Agreement
MOAB CITY POLICE CHIEF
By ,f
Date /2-3 / , 2003
UTAH DEPARTMENT OF HUMAN SERVICES
DMSION OF CHILD AND FAMILY SERVICES
By
Date 12 /31 , 2003
The undersigned, the authorized attorney for the Utah Department of Human
Services, Division of Family Services, approved the foregoing agreement as bemg m
proper form and compatible with state law
Attorney
Dated , 2003
UTAH DEPARTMENT OF HUMAN SERVICES,
DMSION OF SERVICE
/S FOR PEOPLE WITH DISABILITIES
By (/41111/
Date // , 2003
The undersigned, the authonzed attorney for the Utah Department of Human
Services, Division of Services for People with Disabilities, approved the foregoing
agreement as being in proper form and compatible with state law
Attorney
Dated , 2003
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Grand County idren's Justice Center
Interagency Agreement
ATTORNEY GENERAL
By
Date , 20di
GUARDIAN AD LITEM� (}{
By . —
Date , 2003
FOUR CORNERS COMMUMTY BEHAVIORAL HEALTH
By
Date , 2003
SEEKHAVEN FAMIL , CSIS do RESOURCE CENTER
By
Date / // U , 2003
UTAH HEALTH DEPARTMENT
By
Date ��� , 2004 ►{
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Grand County Chu a's Justice Center
Interagency Agreement
GRAND COUNTY BOARD OF EDUCATION
�,t4,- K (11,41,_
By
Date --LFC 3 / , 2003
ALLEN MEMORAL HOPSITAL BOARD REPRESENTATIVE
By
Date
Q,,Gso-a- - j — .i..�-(5,w C C-U
, 2003
ADULT PROBATION do P ' OLE
By
Date
7TH DISTRICT JUVENILE COURT EXECUTIVE
By
Date
L
) )p , 2003
END
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Board
BY-LAWS OF THE
GRAND COUNTY CHILDREN'S JUSTICE CENTER ADVISORY BOARD
ARTICLE I
NAME
The name of this organization is the Grand County Cluldren's Justice Center Advisory
ARTICLE II
ADVISORY BOARD
Section 1, Purpose The Grand County Cluldren's Justice Center Advisory Board (the
"Board") is established and orgamzed for the purpose of advising and assisting the Grand
County Children's Justice Center in the implementation of a comprehensive, multi -disciplinary,
nonprofit, intergovernmental response to sexual abuse of children and senous physical abuse of
children The Board may adopt such rules and regulations for the conduct of its meetings as it
deems proper
GCC3C Advisory Board Iv Laws Page . of 7 revised 04/25/03
Section 2, Number, Tenure, and Qualification The number of members of the Board
shall not be less than fourteen (14) Each Board Member shall hold office until lus/her successor
shall have been appointed by the Grand County Council, unless he/she is removed or resigns m
accordance with the provisions of the By -Laws Members of the Board shall include the
followmg (as designated by State Law, Section 67-5b-105(2) Utah Code Annotated, 1953, as
amended)
I) the Director of the Grand County Children's Justice Center, as appointed by the
Grand County Council, or the Director's designee as a non -voting member,
2) the Grand County Attomey or designee,
3) an Assistant Attorney General as designated by the Attomey General,
4) the Grand County Shenff,
5) the Moab City Chief of Police or designee,
6) the Grand County Council person designee,
7) a physician licensed to practice medicine and surgery under Sections 58-12-26
through 58-12-43, Utah Medical Practice Act or designee,
8) a licensed mental health professional,
9) a cnmmal defense attomey,
10) a Division of Child and Family Services Team Supervisor or designee,
I I) the Guardian Ad Litem,
12) four members of the community at large two of whom shall be selected from the
Directors of the Fnends of the Grand County Cluldren's Justice Center
GCC1C Advisory Board By Laws Pape 2 or 7 revised 04/25/03
Members of the Board may also include the following
1) Superintendent of the Grand County School District or designee,
2) Moab City Manager or designee,
3) Division of Services for People with Disabilities representative,
4) Director of Seekhaven or designee,
5) The Grand County Administrator as a non -voting member
All Members of the Board shall have full voting nghts, unless designated otherwise
Pursuant to Section 67-5b-105(2), Utah Code Annotated, 1953, as amended, the Grand County
Attomey or designee, the designated Assistant Attorney General, the Grand County Shenff or
designee, the Moab City Police Chief or designee, and the Grand County Council member, shall
select the physician, the mental health professional, the cnminal defense attorney, and at least
four (4) members of the community at large Those interested shall apply for the Board through
the designated County process for commumty-at-large slots The Board shall appoint by
Resoluhon the Members of the Board as selected The Grand County Attomey or designee, the
designated Assistant Attorney General, the Grand County Shenff or designee, the Moab City
Police Cluef or designee, and the Grand County Council member shall be known as the
"Nommahng Committee "
Section 3, Term of Office of Board Members The Members of the Board who serve due
to public office shall remain Members of the Board so long as they hold the public office The
GCCJC Adv,sory Board Iv Laws Page 3 of 7 rei ised O4/25/03
initial term of office for all discretionary appointments to the Board shall be for a penod of one
(1) or two (2) years as recommended by the Nommatmg Committee Subsequent terms shall be
for two (2) years, and any discretionary appomtee may be reappomted for successive terms
Section 4, Regular Meetings Unless changed by resolution of the Grand County
Children's Justice Center Advisory Board, Members shall hold regular meetings once every
other month
Section 5, Special Meetm¢s Special meetings of the Board may be called by order of the
Chau of the Board, the Vice -Chair, or by one-third 06) of the Members of the Board The
Cluldren's Justice Center Director shall give notice of the time, place and purpose of each special
meeting by mailing the same at least two (2) days before the meetmg to each trustee, or by
telephoning the same at least one (1) day before the meeting
Section 6, Quorum A majonty of the Members of the Board shall constitute a quorum
for the transaction of business At a regular meeting when a quorum is present, any business
may be transacted At an unannounced meeting, all Members must be present to conduct any
busmess Any business may be discussed and proposed but not voted upon until a quorum is
present At any meeting at which every Board Member shall be present, any business may be
transacted
GCC1C advisory Board By Laws Pap 4 of 7 revised 04/25/03
Section 7, Manner of Acttna_ At all meetings of the Board, each votmg-Member shall
have one (1) vote The act of a majonty present at a meetmg shall be the act of the Board,
provided a quorum is present
Section 8, Vacancies Each vacancy m the Board which occurs pnor to expiration of a
tern of appointment, other than those which serve due to public office, shall be filled by the
same process set forth above to serve for the remainder of the tern of the person bemg replaced
A vacancy m the Board shall be deemed to exist in case of death, resignation, expiration of term,
or removal of any Member, or if the authorized number of Members is mcreased Vacancies
which occur due to expiration of term shall be filled by the same selection process set forth
above, to serve for a term of two (2) years, said term to be effecuve as of the first day of
February of the year in which the vacancy is filled Any Member, other than those who serve
due to public office, may be removed from the Board by affirmative vote of a myonty of the
Members present at a meetmg called for such action Such action may be taken at any regular
meeting or any special meeting at which due notice of the proposed removal shall have been duly
give to the Members, together with or as part of the notice of the meetmg
Section 9, Resienation A Board Member, other than those which serve due to public
office, may resign at any tune by dehvenng wntten notification thereof to the Chair or Vice-
Chatr of the Board, provided however, that if the Board has not acted thereon within ten (10)
days from the date of its delivery, the resignation shall, upon the tenth day, be deemed accepted
GCCJC advisory Board By-laws Page 5 of 7 teamed 04/25/03
Section 10. Presumption of Assent A Member of the Board who is present at a meetmg
of the Board where action on a business matter is taken shall be presumed to have assented to the
action taken unless (1) his/her dissent shall be entered in the minutes of the meeting, or (2) a
wntten dissent to such action is Sled with the person acting as the Secretary of the meeting
before the adjournment thereof, or (3) is forwarded by registered mail to the Director of the
Children's Justice Center immediately after the adjournment of the meeting Such nght to
dissent shall not apply to a Member who voted in favor of such action
Section 11. Compensation Board Members shall not be paid or compensated for their
service as Members, except that they may be reimbursed for authorized expenses incurred upon
behalf of the Children's Justice Center
Section 12. Chair and Vice -Chair of the Board The Board shall elect from its number a
Chair and Vice -Chair of the Board The Chair shall preside at all meetmgs of the Board, and
shall perform such other dunes as may be prescribed from time to time by the Board The Vice -
Chair shall perform the duties of the Chair in the latter's absence The Vice -Chair election shall
take place at the annual meeting (first meetmg in January) of the Board and shall be by ballot
cast by Members qualified to vote In the event of a vacancy m the office of the Chair or Vice -
Chair which occurs due to death, resignation, or removal, the Board shall elect from its number a
GCCJC Advisory Board By Laws Page 6 of 7 revised 04/25/03
new Chair or Vice -Chair at the earliest possible regular meetmg to serve until the next annual
meeting
Section 13, Office Terms The term of Chair and Vice -Chair of the Board shall be one
year
ARTICLE III
OTHER COMMITTEES
The Board may also appoint from among its own Members such other committees as the
Board may detenmme, wluch shall, in each case consist of not fewer than two (2) Members and
shall have such powers and duties as shall from tune to trine be prescribed by the Board These
may consist of training, lobbying, public education, etc
ARTICLE IV,
PERSONNEL
Staff of the Grand County Children's Justice Center, mcludmg a Director and support
staff who manage the daily operation of the agency, are County employees and report to the
Grand County Attorney or his/her designee The Board will advise the County Council
concerning needed qualifications and performances of the staff and will assist m interviewing
candidates for staff positions, if requested.
GC= Advisory hoard By Laws Page 7 of 7 revised 04/25/03