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HomeMy Public PortalAboutRES-CC-1999-16Resolution 16-99 A RESOLUTION APPROVING THE GRAND COUNTY CHILDREN'S JUSTICE CENTER INTERAGENCY AGREEMENT. Whereas, the Grand County Children's Justice Center (the Center) was created to provide a multi -disciplinary response to child sexual abuse and serious physical abuse; and Whereas, the Center will provide a location where investigation, medical services, treatment, case staffing, training, and other related functions may be conducted; and Whereas, the Moab City Police Department participates in the investigation of child abuse cases and will use the Center for this purpose; and Whereas, the Grand County Children's Justice Center Interagency Agreement has been presented to this meeting of the Ivioab City Council; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY APPROVE THE ATTACHED AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS COUNCIL, AND AUTHORIZE THE APPROPRIATE PARTIES TO EXECUTE AND DELIVER SAID AGREEMENT AND OTHER REQUIRED DOCUMENTS. This resolution shall take effect immediately upon passage. Passed and adopted by action of the goveming body of the City of Moab in open session this 27th day of July, 1999. Attest: Zg 2z--. Rachel Ellison City Recorder CITY OF MOAB BY4e0e.g..ea ko ach /_ Karla R. Hancock Mayor Grand County Children's Justice Center Interagency Agrecment 7-9-99 GRAND COUNTY CHILDREN'S JUSTICE CENTER INTERAGENCY AGREEMENT July 9, 1999 This agreement is made and executed by and among the following public offices and agencies: Grand County Grand County Sheriff's Office City of Moab Moab City Police Department Utah Dept. of Human Services, Division of Child and Family Services Attorney General's Office The Office of the Guardian Ad Litem The Four Comers Mental Health Seekhaven Family Crisis & Resource Center Southeastern Utah District Public Health Department The Grand County Board of Education Allen Memorial Hospital Adult Probation & Parole Juvenile Justice Probation Intermountain Specialized Abuse Treatment 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 aforementioned 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 various public and private agencies, professionals, and other agencies or people so that individual appropriate and adequate assistance may be provided for victims of child abuse and their families. C. Section 67-5b-102, Utah Code Ann., establishes a program for the creation and operation of Children's Justice Centers in the State. Page 1 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 D. Section 67-5b-104, Utah Code Ann., specifies that in order to contract as a Children's Justice Center, a comprehensive multi -disciplinarian non-profit intergovernmental body consisting of two or more public agencies and other persons, must enter in written 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 in this cooperative action and create such an intergovernmental body.) E. The parties desire to establish a children's Justice Center as authorized and pursuant to applicable State Law. NOW, THEREFORE, the parties hereto to hereby agree as follows: I. MISSION AND GOALS A. Mission The mission of this Center is to provide a comprehensive multi -disciplinary response to child sexual abuse and serious physical abuse in 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 appropriate and related functions may be conducted or coordinated for the purposes of protecting and serving the best interest of the child, child's family, and the community. B. Goals To accomplish the foregoing mission, the Center will endeavor to obtain the following goals: 1. Develop a comprehensive, multi -disciplinary response to child abuse which is designed to meet the needs and protect the rights of child victims Page 2 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 and their families while complying with the applicable constitutional and statutory law for the protection of the rights of alleged perpetrators 2. Minimize the time required to investigate, evaluate, and prosecute criminal offenses involving child abuse and to initiate the treatment and the provision of necessary and appropriate services for the abused child and the child's family 3. Establish a neutrally -based facility where professional documented interviews of and services for abused children and their families will be provided. 4 Minimize trauma to any child who is the victim of abuse that may be caused or enhanced by multiple contacts with professionals responding to child abuse allegations and investigations. 5. Provide the family of any abused child 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 Coordinate and track investigative, enforcement, prosecution, and treatment efforts 8 Enhance the skills of professionals and agencies involved in child abuse cases 9. Enhance community recognition, understanding, and response of and to the problem of child abuse II CREATION OF CENTER The Parties hereby create a comprehensive, multi -disciplinary, non-profit intergovernmental body for the purpose of establishing, participating, implementing, and operating a children's justice center to be known as the Grand County Children's Justice Center which shall be referred to in this agreement as the "Center." Page 3 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 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 which shall be referred to in this agreement as the "Board " B Members, Number, Tenure, and Oualification The number of members of the Board shall be not less than thirteen (13) Each Board member shall hold office until his/her successor shall have been appointed by the Grand County Council, unless s/he is removed or resigns in accordance with the provisions of the by-laws All members of the Board shall have full voting rights. Members of the Board shall include the following 1 Clinical Director of the Grand County Children's Justice Center, as appointed by the Grand County Council, or the Clinical Director's designee as a non -voting member, 2. Grand County Attorney or designee, 3 An Assistant Attorney General as designated by the Attorney General, 4. Superintendent of the Grand County School District or designee; 5 The Grand County Sheriff 6 Moab City Chief of Police or designee, 7 Grand County Commissioner or designee, 8 Moab City Manager or designee; 9 A physician licensed to practice medicine and surgery under Sections 58- 12-26 through 58-12-43, Utah Medical Practice Act, or designee, 10. A licensed mental health professional; Page 4 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 11 A criminal defense attorney, 12 Four members of the community at large 13 Division of Child and Family Services Team Supervisor or designee; 14 Division of Services for People with Disabilities representative C Appointment of Members 1 The permanent members of the Board shall assume that membership by virtue of their current position These are the Grand County Attorney or designee, the designated Assistant Attorney General, the Grand County Sheriff or a Chief of Police or designee, and the Grand County Council member. 2 Pursuant to Section 67-5b-105(b), Utah Code Annotated, 1953, as amended, the aforementioned permanent members, as listed, shall appoint the following rotating members. the physician, the mental health professional, the cruninal defense attorney, and at least four members of the community at large Those interested would apply for the Board through the designated County process for community -at -large slots The Grand County Council shall appoint by Resolution the members of the Local Advisory Board as selected by the Grand County Attorney or designee, and the Grand County Council or designee. In light of the valuable services performed by the non-profit corporation, Friends of the Grand County Children's Justice Center, two of the at -large members of the Advisory Board shall be selected from the Board of Directors of the Friends of the Grand County Children's Justice Center D. Term of Office of Board Members The members of the Advisory Board who serve due to public office shall remain members of the Board so long as they hold the public office, and shall be succeeded by their Page 5 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 successors in office. The initial term of office for all discretionary appointments to the Board shall be for a period of one or two years, as recommended by the Grand County Attorney or designee, the designated Assistant Attorney General, the Grand County Sheriff or Chief of police or designee, and the Grand County Council or designee, as appointed by the Grand County Council. Subsequent terms shall be for two years, and any discretionary appointee may be reappointed for successive terms. E. 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 authorized 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. Monitoring the overall functions, operations, and services of the Center; 3. Budgets, fiscal policies and fund raising efforts. G. Chairman. Officers. and By-laws The Board shall select its own chairman and may designate and appoint officers of the Board and adopt by-laws as the Board determines necessary and expedient. H. Committees The Board may also appoint from among its own members such other committees as the Board may determine, which shall from time to time be prescribed by the Board. These may consist of training, lobbying, public education, etc. Page 6 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 IV CENTER STAFF AND OPERATIONS A. Center Supervision — County Administrator Grand County, under the direction and authority of the Grand County Administrator, shall supervise the Director of the Center. B. Center Director 1. There shall be a Center Director, who shall be responsible for the daily operation of the Center and have such other responsibilities as assigned by the County Administrator. 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 Administrator concerning the appointment and duties of the Clinical Director The County Administrator shall appomt the Director. C Staff 1. The Center may have such staff employees, whether part-time or full-time, as funding permits and as may be necessary and appropriate to accomplish 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. Page 7 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 3. The Board and the Center Director make recommendations to the County Administrator concerning the appointment of staff members. The County Administrator shall appoint staff members. D. Operations The daily operations of the Center shall be supervised and coordinated by the Director. The duties of staff members 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 party to this 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. V. FUNDING Funding for the establishment and operation of the Center, including operation and maintenance costs, as well as capital expenditures, shall be derived from state, federal and private grants, allocations made by the Utah State's Legislature, and funds received from other private or public agencies. VI. DURATION This agreement shall be in effect for an indefinite period not to exceed fifty (50) years. VII. FISCAL PROCEDURES Page 8of14 Grand County Children's Justice Center Interagency Agreement 7-9-99 The Center is part of the County under the County Administrator'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 the budget, costs, personnel and management pursuant to Title 51, Chapter 2, Utah Code Ann., and especially those fiscal 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 Friend's Board. VIII. RECORD OF AGREEMENT Executed duplicated copies of this agreement shall be filed with the keeper of the records of each of the public agencies and other persons who are parties to this agreement. IX. RELIEF OF OBLIGATION This agreement does not in any way relieve any public agencies of any obligation or responsibility imposed upon it by law although the actual and timely performance by the Center by this agreement may be offered in full or partial satisfaction of the obligation or responsibility. X. TERMINATION A. Withdrawal Any party to this agreement may withdraw from the agreement and participation in the Center upon thirty (30) days written notice to the Board. B. Board Action Page9of14 Grand County Children's Justice Center Interagency Agreement 7-9-99 The Board may terminate this agreement upon a vote of two-thirds (2/3) of the total membership of the Board following actual notice of a meeting called for that purpose to each of the Board members. XI. ADDITIONAL PARTIES Other agencies or jurisdictions who are not original parties to this agreement may join the agreement and participate in the Center with and upon the approval of the Board and upon the execution of appropriate 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. XIII. EFFECTIVE DATE The effective date of this agreement shall be the date of the last signature affixed here to. IN WITNESS WHEREOF, the parties have executed multiple copies or counterparts of this agreement, each of which will be deemed an original. GRAND COUNTY: , By: (de gic%h-/ Date: VZ / , 1999 Page 10 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 GRAND COUNTY SHERIFF By Date: , 1999 CITY OF MOAB Date Q��,�- // , 1999 �1 ATTEST: �txn-ac4eg/, City Recorder The undersigned, the authonzed attomey for Moab City, approves the foregoing agreement as being in proper form and compatible with state law. Moab City Attomey 6, /146,4,7,7, Dated �� f �/ , 1999 MOAB CITY POLICE CHIEF By: Date At-tQ.us-r t l , 1999 Page 11 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 UTAH DEPT. OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES By ai: Date: 7/2 V ci9 , 1999 The undersigned, the authonzed attorney for the Utah Department of Human Services, Division of Family Services, approved -the foregoing agreement as being in proper form and compatible with state law Attorney. DCFS IN GRAND COUNTY DOES NOT HAVE AN ATTORNEY Dated: , 1999 ATTORNEY GENERAL By. �..�--__ r,-c,\ Date: A - I, a, wo GUARDIAN AD LITEM: , 1999 Page 12 of 14 FOUR CORNERS MENTAL HEALTH: By: a4 �r/1�OVL14^-- r Date: 07 , 1999 Grand County Children's Justice Center Interagency Agreement 7-9-99 SEEICHAVEN FAMILY CRISIS & RESOURCE CENTER: Date: -7,/,,-2 9 UTAH HEALTH DEPARTMENT: ,1999 By: PLEASE SEE ATTACHED PAGE FOR SIGNATURE Date: , 1999 GRAND BOARD OF EDUCATION: CO7y; .�Lu-c.e. Date: -- 4 ALLEN MEMORIAL HOSPITAL BOARD REPRESENTATIVE: By: �.-<-•,/Z -- .� rCZ</ Date: k'' L ,1999 Page 13 of 14 Grand County Children's Justice Center Interagency Agreement 7-9-99 ADULT PROBATION & PAROLE: By: Date: , 1999 7th DISTRICT JUVENILE COURT XECUTI,VE: By: Date: e&, 2, , 1999 INTERMOUNTAIN SPECIALIZED ABUSE TREATMENT: By: --,2 a-,c), Gn-,-,..-, i Date: o 8- as -9 9 , 1999 END Page 14 of 14 Grand County Cluldren's Justice Center Interagency Agreement 7-9-99 FOUR CORNERS MENTAL HEALTH. By. Date , 1999 SEEKHAVEN FAMILY CRISIS & RESOURCE CENTER. By. Date: , 1999 SOUTHEASTERN UTAH DISTRICT PUBLIC HEALTH DEPARTMENT. By. CD,CC--b\-- Date V�y c-� , 1999 GRAND COUNTY BOARD OF EDUCATION By Date , 1999 ALLEN MEMORIAL HOSPITAL BOARD REPRESENTATIVE: By Date , 1999 Page 13 of 14