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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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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 - 10 - 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 - 11 - 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 -12- 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 ►{ - 13 - 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 - 14 - 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