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2047 MOU Sem Co Law Enf/DCFFLORIDA �7r1/��SS'iF (SANFORD POLICE DEPARTMENT) TRANSMITTAL E ORA DIU T: City Clerk Fr-: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ ❑ Performance Bond ❑ Resolution ® MOU Seminole County Law Enforcement, DCF, Adult Protective Services and the Office of the State Attorney 181h Judicial Circuit Once completed, please: ❑ Return original ❑ Return copy ® Maintain the fully executed copy on file. Special Instructions: Please advise if you have any questions regarding the above. Thank you! J m-6 `Ulaodj March 22, 2019 From Date ,111 1111111 111! lllii 11AWINIZI , MI ! , Seminole County Law Enforcement, Department of Children & Families, Adult Protective Services and the Office of the State Attorney 18th Judicial Circuit The purpose of this Memorandum of Understanding is to coordinate adult protective services for families in Seminole County through cooperation, collaboration, and the sharing of appropriate .information by agencies within this jurisdiction. Specifically, this agreement establishes operational protocols for joint investigation of abuse, neglect, and exploitation reports involving criminal allegations. The parties herein agree to the following principal: • Adult Protective Services, Seminole County law enforcement (Altamonte Springs Police Department, Casselberry Police Department, Lake Mary Police Department, Longwood Police Department, Oviedo Police Department, Sanford Airport Police Department, Sanford Police Department, Seminole County Sheriff Office, and the Winter Spring Police Department), and the Office of the State Attorney agree to adopt a zero tolerance policy toward Elder Abuse, Neglect and Exploitation. • Provide standardized, consistent, and thorough investigation • Maximize the resources of each agency • Use protocols that identify the mental capacity or lack of mental capacity of vulnerable adults, for the purposes of aiding in the delivery of services and the criminal prosecution of offenders. • Ensure the provision of appropriate services for vulnerable adults and their families. • Provide a forum for on-going communication and resolution of issues involving elder safety in this community to foster an effective collaboration among: - Seminole County Law Enforcement - Office of the State attorney - Adult Protective Services - Office of the Attorney General -Medicaid fraud Unit - Judiciary Reporting Procedures The Florida Abuse Hotline will be responsible, as required by Section 415.103, Florida Statues, for transferring all calls where a vulnerable adult is suspected of having been or is being, abused, neglected, or exploited to the District office of Adult Protective Services. The Adult Protective Investigator (API) will be responsible for notifying the appropriate law enforcement agency dispatcher as required by sections 415. 1055, Florida Statutes. Notification will be prior to commencing an investigation if the alleged abuse, neglect, or exploitation was perpetrated by a second party. The API need not notify law enforcement in circumstances involving self- neglect. The API will provide the State Attorney's office with a copy of their initial report, if available, within 24 hours. Seminole County law enforcement agrees to respond jointly and provide assistance, in a timely manner, to the Adult Protective Investigator in determining the jurisdictional responsibility for reports. Investigative Procedures Law EnforcementResponsibility (When notified by API The officer on scene of the suspected criminal abuse, neglect, or exploitation will determine if the incident constitutes a criminal offense under F.S. Chapter 825, and if so, will prepare a written report. Upon determination by a law enforcement officer that a criminal violation has occurred, he/she will begin appropriate investigative procedures, as dictated by their respective agencies departmental procedures. Law Enforcement (when initial responders) If the responding officer determines that there is suspected abuse, neglect or exploitation, he/she shall report the incident to the Florida Abuse Hotline i-800-96- ABUSE, as required by F.S. 415.1034(1)(a)5• If law enforcement requests an immediate response of the API, he/she shall remain on scene, as is necessary, to ensure the safety of the adult until the API arrives. If law enforcement determines that a criminal violation of F. S. Chapter 825 has occurred, he/she follow the procedure set out above. Adult Protective Services The API will submit written notification to the State Attorney's Office and the appropriate law enforcement agency of all Protective investigative dispositions for which a referral has been made, to include self-neglect cases. The API will be responsible for assessing the potential risk to the vulnerable adult and immediately take the necessary action authorized by Chapter 415, Florida Statutes to ensure the continued safety of the vulnerable adult. It is the responsibility of the API to assess the capacity of the vulnerable adult, based on API agency protocols, and determine if he/she has sufficient understanding to make and communicate responsible decisions regarding their person or property. State Attorney's Office The State Attorney's Office will be responsible for follow up contacts with the identified adult and elderly victims. Contacts will be documented and made part of the case file of the victim. The State Attorney's Office will provide API with filing disposition on all cases filed by law enforcement for prosecution. The State Attorney's Office agrees to provide any and all support to both law enforcement and API in the furtherance of their investigation regarding incidents of abuse, neglect, and exploitation. Collaborative Investigation The appropriate law enforcement agency will assume the lead in conducting any potential criminal investigations involving disabled adult and elderly victims as specified, and will work in tandem with APS and the State Attorney's Office to ensure the victims' rights are served. 2. During the course of such investigation, the agencies agree to share information on an on- going and continuous basis. When investigative conflicts are identified, API's and agency investigator(s) will ensure the safety and well-being of persons identified as at risk, as this is their primary consideration. Once safety issues have been addressed, API's will assist agency investigators in making the successful prosecution of the offender their primary consideration. 3. The appropriate law enforcement agency will be responsible for collection and preservation of all evidence associated with the investigation of any suspected criminal violation. This may include but is not limited to written and verbal statements, photographs, fingerprints, sexual battery examination standards check, records, documents, electronics or digital storage mediums, video and cassette recordings. Adult Protective Services agrees to make immediate notification to the appropriate law enforcement agency of the discovery of any potential evidentiary items during the course of their protective investigation. 4. Upon receipt of a report indicating an immediate response initiated by the appropriate law enforcement agency, and with supervisor approval, an API will telephone the on scene officer and provide an estimated time of arrival. Adult Protective Services agree to respond to requests from appropriate law enforcement agency for assistance without unnecessary delay and provide coverage of on-call API's during set hours. 5. The API will coordinate with law enforcement agency's criminal investigator. Consideration will be given to both agencies legislative and procedural mandates when cases management decisions are made. INTERAGENCY FORUM 6. Adult Protective Services, Seminole County law enforcement, and the Office of the State Attorney agree to participate in periodic staffing of major cases initiated by any member to this agreement in accordance with the terms and conditions of then -current Interlocal Voluntary Cooperation Operation Assistance Combined Mutual Aid Agreement for Seminole County Iaw enforcement. Long- and short-term objectives of the cases will be identified and follow up reviews will be conducted to ensure delivery of services and successful resolution. Training Adult Protective Services, Seminole County law enforcement and the Office of the State Attorney agree to provide training on joint investigative and prosecutorial protocols. The training will commence with an overview/orientation of this Memorandum of Understanding. Future training will be provided on abuse, neglect, and exploitation, as well as other subjects as required. We, the undersigned, enter into this Memorandum of Understand as interagency partners. This Memorandum of Understanding hereby supersedes any previously signed memorandum of understanding in this " Matter. 4Z Date State 7Attorpef - Mr. Lance M6rgan Date Department of Children and Families A L. Smutz Date Springs Police Department KrantiI ' /I/ Date lice Department Chief Michael J/Biles Date Lake Mary Eice DAparti at Date Chief Dale Coleman 4Date Oviedo Police Department Chief Thomas Fuerher Date Sanford Airpo lice / f/j ChieVecil Stnith Date Department OF Z� /8 ; Lemma W , f Date County Sheriff 0 !iff f" W-0, "��e Chief Kevin BrunelleDate Winter Springs Police 6$"art ient Mr,'kevin L. Sjith-' Date 'Winter Springs City Manager FOR USE AND RELIANCE ONLY BY THE SHERIFF OF SEMINOLE COUNTY, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS 91� ' DAY OF 20 e BY: �'