HomeMy WebLinkAbout720-Juvenile Justice InteragencSEMINOLE COUNTY
PUBLIC SCHOOLS
PAUL J. HAGERTY, PH.D.
Superintendent
IPP8 AU ; -3
PH
July 29, 1998
Educational Support Center
400 E. Lake Mary Boulevard
Sanford, FL 32773-7127
Chief Joe Dillard
Sanford Police Department
815 French Avenue
Sanford~ FL 32771
SUBJECT: INTERAGENCY AGREEMENT
Dear Chief Ditlard:
I enjoyed visiting with you on June 18, 1998. Thank you for your support of juveniles and
for providing services to decrease juvenile crime in Seminole County. The initiatives we
have taken by entering into this proactive Interagency Agreement will enhance safe
schools, streets, and communities. Also, the agreement will further improve and
strengthen the partnership between the Sanford Police Department and Seminole County
Public Schools.
Your continued commitment is reflected in the Sanford Police Department's willingness to
designate a representative to serve on the Juvenile Justice Council.
As we begin a new school year, I look forward to working with you to reduce juvenile
crime.
Sincerely,
Hortense Evans
Administrative Assistant
to the Superintendent
HE/klb
· Attachment: Fully executed interagency agreement
INTERAGENCY AGREEMENT
This agreement made and effecti,~e on the date signed by a majority of the parties
signatures, by and between Seminole County Guardian Ad Litem Program, Seminole County
CINS/FINS Provider, Clerk of Circuit Court, Seminole County, Flodda; Department of Juvenile
Justice, Distdct VII; Judge Presiding, Juvenile Division, Circuit Court, Seminole County, Florida;
Dr. Paul J. Hagerty as Superintendent of Public Schools for Seminole County, Florida; Donald
F. Eslinger, as Shedff of Seminole County, Flodda; Norman R. Wolfinger, Esq., State Attomey,
Eighteenth Judicial Circuit; City of Lake Mary, Florida; City of Casselberry, Florida; City of
Longwood, Flodda; City of Altamonte Spdngs, Florida; City of Winter Springs, Florida; City of
Sanford, Florida; and City of Oviedo, Florida.
WITNESSETH:
WHEREAS, all parties are committed to providing appropriate programs and services to
prevent children from becoming at risk and to intervene with children alre.ady involved in the
juvenile justice system; and
WHEREAS, the parties to this agreement desire a maximum degree of long 'range
cooperation and administrative planning in order to provide for the safety and security of the
community and its children; and
WHEREAS, all parties are committed to improving services to children in the juvenile
justice system through sharing information,' eliminating duplication of services and coordinating
efforts; and
.WHEREAS, all parties mutually agree that sharing.resources, where feasible, and in
particular, training efforts, may result in improved coordination; and
WHEREAS, it is the understanding by all parties that certain roles in serving children
and youth are required by law, and that these laws shall serve as the foundation for defining the
role and responsibility of each participating agency; and
WHEREAS, all parties mutually agree that all obligations stated or- implied in this
agreement shall be interpreted in light of, and consistent with, governing state and federal laws;
NOW THEREFORE, in consideration of the following agreements, the parties do hereby
covenant and agree to the following: _
EACH OF THE PARTIES AGREE TO:
1. Promote a coordinated effort among agencies and staff to achieve maximum
public safety with the goal of reducing juvenile crime.
2. .Participate in interagency planning meetings, as appropriate.
3. Assign staff, as appropriate, to participate in a consolidated case management
system, re-entry into school of children returning from detention or commitment program, and
other information-sharing activities to assess and develop plans for at risk youth and those
involved in the juvenile justice system.
4. Participate in the planning and implementation of a juvenile assessment,
receiving and truancy center to the extent feasible for each party.
5. Jointly plan, and/or provide information and access to, training opportunities,
when feasible.
6. Develop internal policies and cooperative procedures, as needed, to implement
this agreement to the maximum extent possible.
7. Comply with §§ 228.093, 943.0525, 943.054, 985.04, 20 U.S.C. S 1232g; 45
CFR part 205.50 and 42, CFR, Chapter 1, and other applicable rules and procedures which
relate to records use, security, disseminatio, n, and retention/destruction. Maintain confidentiality
of information as provided by law.
il. DEPARTMENT OF JUVENILE JUSTICE, DISTRICT VII AGREES TO:
1. Notify the Shedff of Seminole County, Florida, the appropriate Chief of Police
and Superintendent of Public Schools for Seminole County, Florida, or their designees,
immediately upon learning of the move or other relocation of a juvenile offender into, out of, or
within Seminole County, who has been adjudicated or had adjudication withheld for a violent
misdemeanor or violent felony.
2. Share dispositional, placement and case management information with the
signatory agencies, including, but not necessarily limited. to all law enforcement agencies
named herein and the School District for Seminole County, Florida through its Superintendent
or designee for purposes of assessment, placement and enhanced supervision of juveniles
referred to the Department of Juvenile Justice.
3. Provide notice to the Superintendent of Schools, or his designee, upon the
initiation of planning efforts with private nonprofit entities or governmental entities, including the
Department of Juvenile Justice, which could result in the location, relocation or expansion of
youth services programs and which may impact the school district.
4. Provide technical assistance and resource personnel as necessary to assist the
signatory agencies in the implementation of this agreement. _
5. Serve as a member of the Seminole County Juvenile Justice Council.
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Interagency Agreement
Iil.
CIRCUIT COURT, EIGHTEENTH JUDICIAL CIRCUIT, SEMINOLE COUNTY,
FLORIDA AGREES TO:
1. Notify the Superintendent of Public Schools for Seminole County, Florida or
designee, of the name and address of any student found to have committed a delinquent or
felony criminal act or who has had adjudication of delinquency or guilt withheld as determined
by the dispositional order or judgment enteFed with regard to a studenrs case. Notification shall
be within a reasonable time of the date of entry of the dispositional order and shall include the
specific delinquent act or felony criminal act found to have been committed or for which
adjudication was withheld or for which the student was adjudicated either delinquent or guilty.
2. Notify the Superintendent of Public Schools for Seminole County, Florida or
designee of sanctions imposed on any student who is in violation of a court order requiring
regular school attendance.
3. Upon request by the Superintendent of Public Schools for Seminole County,
Florida provide dispositional information regarding juveniles who are students in the Public'
Schools of Seminole County, Florida for the purpose of assisting the School Distdct of Seminole
County, Florida in the assessment, placement or security of persons and property.
4. Serve as member of the Seminole County Juvenile Justice Council.
IV. SEMINOLE COUNTY SCHOOL PUBLIC SCHOOLS AGREES TO:
1. Notify the principal of a student's school, within a reasonable time following the
receipt of notice, of a student's arrest, either as a juvenile or as an adult, for crimes of violence
or violations of law which would be a feibny if committed .by an adult, upon receipt of such
information from any law enforcement agency. The principal or designee may provide such
information to student services personnel, school resource officers, the student assistance
coordinator if applicable, and the student's immediate teachers as permitted by law.
2. Designate the contact person to be responsible for receiving information
concerning student arrests, either as a juvenile or an adult, and for communicating such
information to school principals and other appropriate school distdct personnel. _
3. Utilize' juvenile criminal history information only for the purposes of student
assessment, placement or secudty of persons and property. This provision, however, shall not
limit the use of such information in conjunction with proceedings to suspend and or expel a
student pursuant to § 232.26, Fla. Star. '
4. Identify those persons designated by the Superintendent as authorized to
receive confidential criminal history information and inform law enforcement representatives of
the names of those individuals.
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Interagency Agreement
5. Require that information obtained through the criminal history database and
disseminated to appropriate school personnel, cardes an appropriate warning, regarding the
reliability; con~dentiality and control of further dissemination. Appropriate internal written
policies will be adopted.
6. Share information on student achievement, behavioral and attendance history on
juvenile offenders or juveniles at dsk of becoming offenders for the purpose of assessment and
treatment with parties to this agreement, as permitted by § 228,093(3)(d)12, with the
signatories hereto upon request.
7. Assign staff and provide youth services educational programs, where jointly by
agreed upon by the Superintendent of Schools and the Department of Juvenile Justice, District
Vii.
8. Notify the law enforcement agency having jurisdiction, through a school's school
resource officer or directly in the event a school does not have a school resource officer, when
an adult or a student commits any of th~ following offenses on school district property, on
school sponsored transportation, or at scl~ool sponsored activities: homicide; sexual battery;
armed robbery; aggravated battery; battery on a teacher or other school personnel; kidnapping
or abduction; arson; possession, use or sale of any firearm; or possession, use, or sale of any
explosive device; as specified in State Board of Education Rule 6A-1.0404. Additionally, if the
offense involves a victim, school officials shall notify the victim and the victim's parents or legal
guardian if the victim is a minor, of the offense and of the victim's right to press charges against
the offender. School personnel shall cooperate in any investigation or other proceedings leading
to the victim's exercise of rights as provided by law.
9. Notify the law enforcement agency having jurisdiction, through a school's school
resource officer or directly in the event a school does not ha~,e a school resource officer, when
an adult or a student commits an offense, though not listed above, the nature of which is such
as to compromise school or community safety. These offenses include sale, use or possession
of a controlled substance, and grand theft.
10. Enter into agreements for contracted youth services educational programs with
pdvate nonprofit providers or state or local governmental agencies contracted through the
Department of Juvenile Justice, Distdct VII, when determined feasible by the SUperintendent of
Public Schools for Seminole County, Florida.
11. Designate a member of the~School Board, a School District Administrator and a
teacher representative to serve on the Seminole County Juvenile Justice Council. -
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Interagency Agreement
12. Permit representatives of the Department of Juvenile Justice, Guardian Ad Litem
Program, CINS/FINS Provider, State Attorney for the 18th Judicial Circuit, signatory law
enforcement agencies; Seminole County PAY program, and the various judges of the Circuit
Court, Eighteenth Judicial Circuit to access non-exempt records for all purposes permitted by
law regarding students who are involved in proceedings under Chapter 39, Florida Statutes or
State of Florida criminal prosecutions. Said access shall be subject to the limitation that said
information shall be only used in conjunction with a pending proceeding and not for use in any
proceeding prior to a dispositional headng ~ursuant to § 228.093, (d)l 2.
V. THE 'SHERIFF OF SEMINOLE COUNTY, FLORIDA AGREES TO:
1. Provide notification of juveniles who reside within Seminole County, Florida who
are otherwise enrolled in the Public Schools of Seminole County, Florida who are arrested for
crimes of violence or violations of law which would be a felony if committed by an adult to the
Superintendent of Public Schools for Seminole County, Florida within one working day following
the day of arrest.
2. Provide Florida summary criminal history information to the Superintendent of
Public Schools of Seminole County, Florida or his designee, upon request, regarding juveniles
or adults who are students enrolled in or about to be enrolled in the Public Schools of Seminole
County to be used by the School District of Seminole County, Florida for the assessment,
placement or security of persons or property. Establish a defined procedure for receiving and
processing such requests.
the reliability,
Agreement)
Require that information disseminated cardes an appropriate warning, regarding
confidentiality and control of further dissemination. (F.D.L.E. CJIS/User
4. Provide technical assistance', educational support services and resource officers
as appropriate.
5. Develop procedures that will provide for the timely notification of Seminole
County Public School principals of incidents or arrests involving students or group(s) of
student(s) where there is a possibility of on-going violence, victimization, or school disruption.
6. Notify the Superintendent of Schools or his designee within a reasonable time of
the date of arrest of the name and address of any employee of the school district who is
arrested for a felony or a misdemeanor involving the abuse of a minor child or the sale or
possession of a controlled substance. Notification to the Superintendent shall include the
specific charge for which the employee was arrested.
7. Serve as a member of the Seminole County Juvenile Justice Council.
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Inter~gency Agreement
VI.
THE RESPECTIVE CHIEFS OF POLICE OF THE CITIES OF SANFORD, FLORIDA;
LAKE MARY, FLORIDA; WINTER SPRINGS, FLORIDA; LONGWOOD, FLORIDA;
CASSELBERRY, FLORIDA; ALTAMONTE SPRINGS, FLORIDA; AND OVIEDO,
FLORIDA AGREE TO:
1. Provide notification of juveniles who reside within Seminole County, Flodda who
are otherwise enrolled in the Public Schools of Seminole County, F!odda who are arrested for
crimes of violence or violations of law which would be a felony if committed by an adult to the
Superintendent of Public Schools for Seminole County, Flodda within one working day following
the day of arrest.
2. Provide Florida summary cdminal history information to the Superintendent of
Public Schools of Seminole County, F!odda, or his designee, upon request, regarding juveniles
or adults who are students enrolled in or about to be enrolled in the Public Schools of Seminole
County to be used by 'the School District of Seminole County, F!odda for the assessment,
placement or secudty of persons or property. Establish a defined procedu.re for receiving and
processing such requests.
3. Require that information disseminated carries an appropriate warning regarding
the reliability, confidentiality and control of further dissemination.
4. Provide technical assistance, educational support services and resource officers
as appropriate.
5. Develop procedures that will provide for the timely notification of Seminole
County Public School principals of incidents or arrests involving students or group(s) of
student(s) where there is a possibility of on-going violence, vjctimization, or school disruption.
6. Notify the Superintendent of Schools or his designee within two working days of
the date of arrest of the name and address of any employee of the school district who is
arrested for a felony or a misdemeanor involving the abuse of a minor child or the sale or
possession of a controlled substance. Notification to the Superintendent shall include the
specific charge for which the employee was arrested.
7. Immediately provide notification to the Superintendent of Schools, or his
designee, of juveniles within the Seminole County educational jurisdiction arrested for crimes of
violence or violations of law which would be a felony if committed by an adult.
VII.
Serve as a member of the S,eminole County Juvenile Justice Council.
STATE ATTORNEY OF THE EIGHTEENTH JUDICIAL CIRCUIT AGREES TO:
1 . Notify the Superintendent of Schools or his designee, on a weekly basis, of all
students who have been formally charged with a felony, or a delinquent act which would be a
felony if committed by an adult.
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Interagency Agreement
2. Provide copies to the school superintendent or his designee of all petitions and
Informations, or No File decisions, for violent misdemeanors and felonies or delinquent acts
which would be a felony if committed by an adult, as filed on anyone under 18 years of age or
older who is a student registered in a Seminole County public school.
3. Serve on the Seminole County Juvenile Justice Council.
VII!. CLERK OF CIRCUIT COURT AGREES TO:
1. Shall notify the superintendent of public schools or his designee of name,
address, date of birth, and the school (if known) it is believed the child is enrolled in; of any
student found guilty of a felony; adjudicated delinquent, or who has had adjudication of a
delinquent act withheld which, if committed by an adult, would be a felony.
2. The Clerk of Circuit Court or designee shall serve on the Seminole County
Juvenile Justice Council.
IX. EXEMPT SCHOOL RECORDS:
This agreement shall not extend to student medical records, student exceptional
education records, or records maintained by the School Board for a student pursuant to § 504
of the Rehabilitation Act of 1973. Access to such records shall be by explicit consent only of
the student's parent or guardian.
X. CONFIDENTIALITY:
All information and records subject to disclosure pLirsuant to this agreement shall be
confidential except as disclosure is permitted by law. All information obtained pursuant to this
agreement shall only be used as permitted by §§ 228.093(d)12, 943.0525 or 985.04, copies of
which are attached for reference and specifically made a part hereof by reference and
attachment.
Xl, TERM OF AGREEMENT
This agreement shall be in effect as of the date the agreement is signed by the majority
of the parties and shall continue in effect through June 30, 1999, unless otherwise modified.
This agreement shall automatically renew for successive terms of twelve months from July I of
each year. Any signatory to this agreement may opt out of this agreement by giving thirty (30) ........
days notice in wdting to all other signatories setting forth the reason for that agency's intention
to opt out..Any party desiring to review this agreement for update, amendment, etc. may do so
at any time. Any recommendations for amendment shall be submitted to all signatories for
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Interagency Agreement
review, comment and approval. Upon approval by a majority of signatories any proposed
amendment shall become a provision of this agreement. All parties are bound to this
agreement upon signing.
XII. AGENCY REPRESENTATIVES:
Each agency shall notify each other agency of its agency representative regarding the
administration of this agreement.
XII!. MODIFICATION OF AGREEMENT:
Modification of this agreement may be made upon agreement of a majodty of the
parties. Such shall be made with the same formalities as were followed with regard to the
approval and execution of this agreement and shall include a written document setting forth the
modifications, signed by all parties.
XIV. OTHER INTERAGENCY AGREEMENTS:
All parties to this agreement acknowledge that this agreement does not preclude or
preempt each of the agencies from individually entering into an agreement with one or more
parties to this agreement or other parties outside of this. agreement. Such agreements shall not
nullify the force and effect of this agreement. This agreement does not remove any other
obligations imposed by law to share information with other agencies.
SIGNAT RES OF PA TIES TO THIS AGREEMENT:
SCHOOL BOARD OF SEMINOLE
COUNTY, FLORIDA
By: ~;>t~.~_ ,~ ~
Dated: ,~'-' 2G - ~
CIRCUIT COURT, SEMINOLE COUNTY,
Dated:
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Interagency Agreement
CITY OF OVIEDO, FLORIDA ~Iy**TY~~L~r~B.~RR~)
Dated: f' D ' i~' ~ ~
Dated: ~ - ~ - ~ D~ted:
~~SP I~.G~FLORIDA
Dated:
CINSIFINS PROVIDER
Dated:
CLERK OF CIRCUIT COURT, SEMINOLE
COUNTY, FLORIDA
' CITY OF SANFORD, FLORIDA
Dated:
Dated:
By:
Dated:
FLORIDA DEPARTMENT OF CHILDREN
AND FA~ES
By: ~
Dated: ,~ .- '2- 'Z. - ~ y'
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Interagency Agreement
BOARD OF COMMISSIONERS,
SEMINOLE COUNTY, FLORIDA
o/blo SEMINOLE COUNTY P.A.Y. PROGRAM
By
Randall C. Morris, Chairman
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Interagency Agreement