HomeMy WebLinkAboutRES 13-093 RESOLUTION NO.13-093
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager or his designee be and he is hereby authorized to execute a
Children's Advocacy Interagency Agreement with Jefferson County and the Garth House
to prevent child abuse and neglect and to lessen the trauma to child victims of sexual and
severe physical abuse during the investigative, prosecutorial and healing process. The
agreements are substantially in the form attached hereto as Exhibit"A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
2013. low
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If j y r eck Y Ames -
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Children's Advocacy
Intera envy Agreement
This agreement made by and between the undersigned agencies
Witnesseth mat
Whereas, child abuse is recognized as a significant natlonal problem and realUng that
the justice system must respond appropriately to the child victim, and
Whereas,a memorandum of understanding executed uric this Interagency Agreement
from the Texas Family Code 264.403(b)shall indude the ag�t of each partadpating entity
to cooperate in:
(1) developing a cooperative, team appnmch to r g`atiri c�lld abuse;
(2) reducing, to the greatest extent possible tfiumber of!news required of a victim of
f>:�
child abuse to minimize the negative i ` �f the investigati�to•the child;and
(3) developing,maintaining, and suppo ."'hrough the center,an ep fmnment that
. ,',
emphasizes the best Interests of chlldreit .h that pro vi.�(es Investigate and
rehabl/Itative services. �sr :Y
�" Program,Inc,has been
Whereas, the Garth House, •�Mehalfy Chi •" � Ad�c�y' og'
established in Beaumont, TX and as .• that ra/- wn funds, and
Whereas,Jefferson County has` o } ' p1 .= m approach to the
investigation of c�hr7d. y25 cal a:..se that the n of Jefferson County
py MOW- of communication between
from further vial w
agencies, and u: #} `n.. �x
.. a . _ :.
Whereas,by r rzin t e Garth , Mickey Mehalfy Children s Advocacy
Progra };a��: ;�wr?tlnues
environment lit which children are
tote
C;;tr
Whereas the di�seen :t-a Garth House,Mickey Mehaffy Children s Advocacy
Prograq, c. are seen one la?iem �Ifirom law enforrament and Child Protective Services
and are od services witft�t regaarc/ 'dace,.sex,religion, national origin, pr disability,and
Now, the re, the u resigned agencies have agreed to continue to support the
Concept;philosopy devekplent and utilization of the Garth House, Mickey Mehaffy
Children s Advocacy Caixi;:I
Zeffemn Counir
fame/Agency Date
Judge Jeff Branick Jefferson County Judge
Tom Maness-Jefferson County District Attorney
EXHIBIT"A"
Sheriff Mitch Woods-Jefferson County Sheriff Oftlrae
ChiefJames P. Singletary-Beaumont Police Department
Marshall Jeff'Wlimore-Groves Polke Department
Chief Darrell Bush -Nederland Police Department :.';'`4°'` '•''
Chief Mark Blanton-Port Arthur Police Depa
Chief Paul Lemolne-Port Neches Poliee Dept
Chief CYydell Duncan-Beaumont
Y.
Chief Joseph Ma16n �,� .�rurlSD
Brenda Gadson -ChildNi cse& Servrcies: z
MCraver-Jeffersoo 'bunt'4ts
AV Asslstarl
Judy 80 wiP3" Regional Director
TX Dept of &ProtettiV�Fervices
Ellen Jones-Chief Ex e plficer
CHRISMS Heaft SE Texas
Lanls McWilliams-CASA of S. E. Texas
Ed Cockrell-Jeferson County Juvenile Probation
Julle H. Prudhome,M.A,, LPC-S-Clinical Director, Garish
House,Mickey Mehalry Children s Advocacy Program,Inc
Marion Tanner-Executive Director, Garth House,Mickey -
Mehafly OWldren's Advocacy Program,Inc
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GARTH HOUSE
Mickey Mehaffy Children's Advocacy Program, Inc.
WORKING PROTOCOL
Mission Statement
To prevent child abuse and neglect and to lessen the trauma to child victims
of sexual and severe physical abuse during the investigative, prosecutorial
and healing process.
Agency Roles &Commitment to the Chil vocacy Program, Inc.
Agency Partners of the Garth House Mlcke .-.a .ii`affy en's Advocacy
Program, Inc. have signed an interagenc rKgg ement of oo}c eration in the
investigation and prosecution of child a cases. They re ....4heir individual
department roles and follow departure ti• ocedures, but have- ntarily
committed to make the children's advoca' ,rograrrt of their- eciure in
order eir�e `F �
_ °, .•Avg::
I. Develop a cooperative, tea to inv ting child abuse.
2. Reduce to the greatest exten . ssi a numb interviews required of a
child victim to i e the ne 3 ve im the iii: gation on the child.
3. Develop, ma F` ' pport t u Y n's`advocacy center, an
era "
environmer at emp es the . Brest o - Idren and that provides
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investigatory A6110 rehabil eve serve 5,
The'row �l�' :Stand ��ominr:`:N „pf ti��N�hildren s advocacy program board
,.., ..x. ... ,. �.
h pted the . biwocolreferral ng and coordinated investigation and
p
on. The 6�" J—�.PitteeI , trade up of representatives of the primary
agenci 5,.whose specific .oles a�'i ">.: 6ted below.
Texas Qibrent of pa�nily and Protective Services
*Also referred>o.r this document as TDFPS and Child Protective Services(CPS)
TDFPSjChild Protettyeices investigates child safety and welfare in
accordance with ap.4�0 : 6licy.and state laws.
• Notify the proper Itatiiv enforcement agency of child abuse reports.
• Utilize the children's advocacy center for the digitally recorded initial
investigative interview of alleged child sexual & physical abuse victims in
accordance with Section 264 Subchapter E of the Texas Family Code ¢er
protocol.
• Participate In coordinated investigation of child abuse reports with law
enforcement and prosecutors including participation in case (review) staffing
which Is facilitated by the children's advocacy program.
Page I I
• Provide a voting representative to sit on the Professional Standards
Committee en, ,'� '�Q.���� ��� -1'�of the children s advocacy program
board.
Law Enforcement
• Provide criminal investigation of child abuse reports.
• Notify Child Protective Services of child abuse reports.
• Utilize the children's advocacy center for the initial investigative interview of
alleged child sexual & physical abuse victims in "ance with center
protocol.
• Participate in coordinated investigation of c I U$e reports with TDFPS/
CPS and prosecutors, including participatld #i cas '( view) staffing which is
facilitated by the children's advocacy p
Provide a voting representative to a professiona�`3tandards
Committee of the children's adv grogram board.
Forensic Nurse Examiners NE) ; F S V-4-
• Notify law enforcement ark`. hild Protect .�• ervices of child arise
reports,
• A medical/forensic exam will ,pe ed only vt authorization of law
enforcement r { use i orts with law
• Participate in:. 41" in on _ i� p
,�_. .
enforcemet�,
FP t` and pro} inClGdi participation in case
(review) sta l �phich cilitated=, a children's advocacy program.
• Provide a v�tin� . eseive to sit"oche Professional Standards
.*4 4.••.�d'
Co ` •;pf the ' 'a ptram board.
D -!jct Attornej�saDffice`;:< •:;
Prase' s child abuse sesjfp &represents the best interest of
. ,. ,,O-
the child.iivii action irhich ,t. S/CPS has conservatorship.
x,.
• Provide'- answers-:ta:questions that arise In the course of the
investigatli* onductgf�lay law enforcement and TDFPS/CPS.
• Participate ins: coaOl ated investigati
TDFPS/CPS anij� on of child abuse reports with
d ;,en orcement, including participation in case (review)
staffing which is facilitated by the children's advocacy program.
• Conduct preliminary intake of cases at case (review) staffing meetings.
• Represent the Texas Department of Family and Protective Services in suits
affecting the parent-child relationship, and for emergency protection of a
child, up to and including termination of parental rights.
• Provide a voting representative to sit on the Professional Standards
Committee of the children`s advocacy program board and the Board of
Directors or Advisory Board of the children's advocacy program board.
Page 12
Children's Advocacy Center
The Garth House, Mickey Mehaffy Children's Advocacy Program, Inc. will be the
neutral site for interviews of children in cases of alleged child abuse.
• Provide Forensic Interviews of alleged victims and witnesses
Facilitate Multidisciplinary Team case (review) staffing
Case tracking and reporting
• Court testimony
Training for agency personnel
Training/awareness programs for community
• Counseling for victims and non-offending famijyy*tubers
Provide referral information for medical ex ;$,4`..,,.`:S.
0
• Family advocacy services including: court: inpaent, information and
referral, assistance with Crime Victim's; npensation
Case Referral '#.
Child Protective Services (CPS) and law i o semen encies will : fer alleged
F1 y t
sexual abuse cases of children....ge 12 year der.to the ao.gacy
center for a digitally record is inbervi fi ysical abuse cases (of
children age 12 years old and ich hav . potential of being
forwarded to the District Attorn ` 0. r crimi osecution may also be
referred to the cen Exceptions-_ a age I may be made for
� �yi �,or develnen •ve "usability, or if the
someone with a : _„
' forcement and CPS will
A
District Attorne�'�� ��ms t� e_��terview'��i...,y r. 'Fy.
assume responslkl,.-.for refiring case
"'Which they have involvement. Law
..
enforcement agencli rill n0d,tq refer t"i se cases that do not fail under the
Fits' .Mic Mehaffy Children's Advocacy
jurisd `F: l?S. The;Cil' .',
Ir c se l e Wi fo t egu ith Interagency Agreements.
Pr s tfi
or courtd 'interviews only.
Ot unties; m' ell
Case �;...:.: J
A ...
In order td „.flop and .ntain a cooperative team approach to the
J.investi ation hld abu ``:which is sensitive to the best interest of the child, a
g %. i.,, ca, , r
case staffing,will.<gi~cur ofe a week or as the district attorneys office indicates
necessary.
The representatives attending for law enforcement and CPS will be those
workers assigned to each case on the agenda. The County District Attorney's
Office will be available to advise and to conduct preliminary intake of cases at
each staffing. Forensic nurse examiners will be requested to attend in order to
explain their finding. if an exam was done. Garth House staff shall also attend to
include irsar:1 ! r � r, mental health providers and a family advocate.
Each agency involved in the investigative process must bring all pertinent
information to the case (review) staffing. All Multidisciplinary Team Members
Page 13
attending the case (review) staffing must sign the Sign-In Sheet containing the
Confidentiality Pledge before each review.
An automatic staffing will occur under the following conditions:
• Pre-staffed prior to the interview.
• One to three weeks after the interview is performed.
• Additional times as requested by CPS, law enforcement or D.A.'s Office.
Request should be made to the advocacy center staff so that the case(s) may
be added to the agenda.
VWMW64-baw, Olt 6 lip
IN.
Forensic Interviews
• It is necessary for the law enforce officer or CPS soclrorker to contact
the children's advocacy center to sch le an in iew.
• When scheduling an intery w, initial ba°. a ormation mti . e
provided and will be staff r to the in '
• The children's advocacy ce nsic int er will perform the digitally
recorded interview. Formal m'� 'on of they D will be made by the
interviewer. Thp„ vocacy cell.:Vista ter d` concerning the case
�� erin .;;*
into the track ;for statist al r
• Interviews a` be scH .,.ed Mon', !;,..; 5`ugh
In Beaumont and
Orange. The :won refQ�j!tt ng the cA must schedule transportation for the
p
child and must rE?r iri a ;t e;penter uiti 11'the interview has been completed,
or x other ini� tl e ' ,icy pe n present.
,k... ,,.,.: maturi level of being verbal.
• ung 1Jen [d hav 'r }'a tY 9
ft id !:
• ce lions to ti :2 yeas d limit are made on a case by case basis
P
d " ding on the k-�Noto s d 1ppmental level and possible other extenuating
circ nces.
• No Al ��4 erpetrato" ,,egarding current allegations are allowed on the
'a�;
premises. :<�,:x,
• CPS or law ei . em �must be present for the interview.
... ,
• If law enforcemitib" PS is involved in the case, please notify each other of
If the Garth House i�lew.
a Do not schedule the interview prior to making contact with the family.
• When possible, the Garth House interview should be done prior to the
Forensic Nurse Exam. Exception is acute cases.
In cases of physical abuse, only severe cases in which the child is injured on
vital areas will be interviewed.
• Emergency interviews will be conducted when the child is in immediate
danger or failure to interview the child immediately could result in the loss of
Page 14
vital information. In case of emergency after hours, contact Marion Tanner,
Garth House Executive Director, at cell number 409-350-1188.
• Inform the family that they need to be on time for the interview. CPS
workers and law enforcement should also be on time. Getting to the Garth
House 1 or 2 hours before the interview is totally unnecessary. Limit the
number of family members coming to the Garth House as too many people
tend to create some or all of the following:
• Too much noise
• Too much pressure on the child
• Problem of limited space
• Possible conflict among the adults in at,erttlhce
• If you find that the'interview needs to be rgseled ar cancelled, please
.vr
notify the Garth House as soon as posslbl. ; ..
• Be sure to bring police reports and >' orts to tiieerview, so that the
interviewer can obtain necessary i tion far Garth ise files. The case
will be pre-staffed prior to the inte f' ,a. .
• Do not promise the children gifts, pn the in. lew being° ducted, or
tell them that they will be celvir i after the G . House
interview has been comp!
• Do not over question the ,, rior to "nterview. Please stop
questioning the children reg g Buse at ooi�int of disclosure. (This
also includes au _ ,. ,. ed inte s E orker !' uld assess young
children to v "4 a verba d catty li to ihYa Garth House
s �:
interview.
'' .or addidarl±information should be given to the
• All pertinent ,,{estions a ( �
interviewer prior c the t w. Tl,a Tterviewer will return to the monitor
room e. oncl w4` s `}�1rythir} tse
needs to be asked.
uiA.., a videota a or DVD.
• . ca ..If y 14,18ped to re r ^ R
. .e-interviews: Y:
If a second t rvievX; !:requested regarding the same alleged
er etrator, y.case r ?., be discussed with the District Attorney with
ptions folio
:,...
■ If a3id intervwr is requested regarding the same alleged
perpr, staffing will be scheduled with all MDT members
(curren�_ ;�;: f eviously) involved. After all previous investigations
are review 'the District Attorney will decide If the interview will be
conducted.
• If there is a witness or medical evidence that Is present in a case and a victim
cannot be interviewed or does not make an outcry, the evidence can be used
to request an �%. ,Wd 14004SW MWOO, at the discretion of the pertinent
County's District Attorney, but the case must be staffed first.
Page 15
Counseling
• There has to be a report of child sexual abuse or severe physical abuse to law
enforcement and/or CPS.
• Counseling may be obtained.for sexual abuse victims (ages 3-17) and non-
offending family members. Counseling is not provided to any alleged
perpetrators.
• Counseling can also be provided for any child victim (ages 3-17), as long as it
has been reported to the proper authorltles;. ..J Having an open case
investigation is not required, nor is it required.,;th'6t1he child be interviewed at
the Garth House In order to receive counse . IOrh!�ces.
• The parent or guardian calls the Gar0ouse` nselors to set up the
counseling. They have to be able to ' " legal consN'.. .form.
• The coun ll r d c sto bons.
l� c-
ie: a il. Vbcate vfs :1+ he. a Y.at r$.k>tirrie,of trig 3 ervi y3-
:...
Mrrdl :A P: z th ]
Or
r Wit.
akers
of rF,� t' "
• n a- :'40 r
r
Forensic Nurse Exs
<enforc " `:- c Nurse Exam based on the alleged
• � pt or irP��Cequest'a �Y, �n'si
` aim's outs '*cr dibler;.� `
y' ry,: mess, tiamony, or other significant forensic
fats which wo _ylead = sir;. enforcement or Child Protective Services to
rea bly expect t ",;Forein urse Exam may yield biological, hair, fiber or
other e� ce which""g,$uld assist in the Investigation of the allegation.
• An exam 4thIn 96 ho". of the offense is considered acute.
• To access Ch"is bus "hd Forensic Services, call 409-832-0421.
• To access CHR x S Elizabeth, send the patient to the Emergency Room
or the non-acute°exam can be scheduled by law enforcement by calling the
Forensic Nurse Coordinator at 409-899-7100.
Confidentiality and Ownership
(In accordance with Section 264.408 of the Family Code)
DVD Storage -
DVDs made at the Garth House, Mickey Mehaffy Children's Advocacy Program,
Inc. are the properly of:
Page 16
1. District Attorney's office in cases of criminal action
4# tX, *- - I! adl S in
2; T -e -f rejent-, niv Oegl' 9.0p
Ing" :,-5 111 a.C
3. Law enforcement if investigating
4. GPI Iihes �'fg
"00C t aO tenter 10 the pr-91*0,Of
b
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A.O .
th
-C POW0.UI -
p ii Se f
le Wtel
rtmw
t epartMW
1: th
Of a d1l" ftOdiE!Wpe 6J.-ep
...... ......
Id ��`ky�cent ��Yt e
t
M.auer,.
hJ val h t
rdVforvideo R '19
lews"bf
cu
4e Or"6iftIpil od Ofthe-vi aptappij.�--."�tk-Y, E
d"''""" Lid
T:Pus.
n.cl 6g r e el eq It
es ur
A%Xi
KW
Records
Records needed f0f"g01, oction
.11e agt the" Plildren's advocacy
center. The info.ii-.6'ation i vided CPS, and the
prosecutor's offl&., d pective agencies. Information
rope
46 uals; must be obtained from the
or VDs requested'd .9th es or
'I
vfcer�a-.Ogency conducting the
D A 's a W•n
Inv.
confl Otiality
The filed ports, corn working papers used or generated in
providing 46f-i�
es by th House, Mickey Mehaffy Children's Advocacy
Program, Inc:' ''t.confl,d I and not subject to public release.
fly Code 261.201
m
lality as
All laws concernlny� described in the Texas Fa
will be strictly adher --V
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Oukoot to.. IWOO 4 r ft
pror -Aft -,I ,
To--asr MAJOS of-'Wdeh
Rule tM -x
de hdcl'nt W WO ormapb" IJ or Oth
fe Yj-P1119-t.0 . ph,
OVO of-an tit&viiew de sic'ibe Jfy
r dby of thOl s-:ram. (fide
408,SU-ably
(d)" Orevided that.the POPseCLIting attorney makes the videotape rOMP
Page J7
; a+ it o. a clef a; .ift� same ar�ner:,a�'prd(ty i eri, l' aji be
Made av i( le to.dAndaniks-i�ttorriej�s; end ex it flth 1vinder-Article
39.1 dl.�.,Code of Cr M-i4al PrOic .re:
Conflict Resolution Policy
All members of the collaborating agencies work together with a common
concern--the welfare of the child. All members of the collaborating agencies .
also work together with a common goal, to communicate with mutual respect.
However, differences of opinion are to be expected.
Discussion during the regular multidisciplinary staffil other ongoing
discussions among team members about proMOO`!-aka the team encounters will
help resolve them. It will also assist to clar(fys ansponsiblliiaes of the
team members.
Any unresolved problems or conflicts :een team members,.. rding cases
being addressed at the Garth House, Mic lehaf�lldren's` ° ;�cacy
Program shall be taken to the Barth House,' a ally Children Advocacy
Program Board President for - ion. `
All resolution discussions will addteSS"t � : t inter Hof the child/children
involved. t:
The undersi n , actin �as' a repres ► ��O's of't ;respective agencies,
9 g
agree to a& =;;-the agei roles ab'$- nmitment�to the Garth House, Mickey
Meha Children's" vocatQgram, Irixras oubined in this document.
ffy �; ,.
it .1
Dete
'! tY udge'
Judge Jeff Brae" Jefferson o n J
:;s.:.
_5�,... _
"A
Tom Maness-Jeff`ersdh:6b District Attorney
sherifmltor Woods-Jefferson County sheriff OffFce
Chief James P, Singletary-Beaumont Po/2e Department
Marshall Jeff lwilmore-Groves Pollee Department
Page{8
Chief Darrell Bush-Nederland Police Department
Chief Mark Blanton-Port Arthur Police Department
Chief Paul Lemolne-Port Neches Police Dept
Chief Clydell Duncan-Beaumont ISD Police Dept
Chief Joseph Malbrough-Port Artfrur ISD Police De ...
Brenda Ganson ChAd Abuse&Forensic Se
Misty Craver-Jefferson County Vr }ns Assistance W1, ot
•n S.
Judy Bowman-Regional Director
JX Dept. of Family&Protective Services:
Ellen Jones, CEO `M,17ISTLlS H /th
` SE Texas:;.=::- •�.':
Lanis McWINIams..-CASH
E tell-JefersoirCir 1/e Probation
Julie H. Pr e,M.A,, LPC .`. G7fnlca%Director
Garth House, Advocacy Program,Inc.
Marlon Tanner-Ex ,}'Veplctnr
Garth House, Mickey We Children s Advocacy Program,Inc.
page 19