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720-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. Page 2 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. ~ Page 3 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. - Page 4 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. Page 5 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. Page 6 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 Page 7 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: Page 8 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' Page 9 Interagency Agreement BOARD OF COMMISSIONERS, SEMINOLE COUNTY, FLORIDA o/blo SEMINOLE COUNTY P.A.Y. PROGRAM By Randall C. Morris, Chairman ~/~ ~/~1~/ Page 10 Interagency Agreement