MEMORANDUM OF UNDERSTANDING - WORKING AGREEMENT
MEMORANDUM OF UNDERSTANDING I WORKING AGREEMENT
The Undersigned Law Enforcement Agencies
and the
Child Protection Investigations Division (CPID) of the
Pinellas County Sheriff's Office
The undersigned agencies agree to the following:
A. PURPOSE
The purpose of this Memorandum of Understanding is to coordinate services of the Pinellas
County Sheriff's Office, Child Protection Investigations Division (CPID), and the undersigned
Pinellas County law enforcement agencies within Pinellas, through cooperation, collaboration,
and the sharing of appropriate information. This agreement recognizes operational protocols for
the joint investigation of abuse reports involving both criminal and dependency allegations. Such
protocols may be addressed herein or be supplemented by a document in writing signed by the
parties hereto whenever additional procedures are needed.
It is the objective of this document to:
1. provide standard, consistent and thorough investigations of allegations of child abuse,
neglect or abandonment,
2. maximize the resources through a joint investigative process,
3. minimize the number of interviews for children who are victims of abuse or neglect,
4. allow for the orderly collection of evidence in the criminal investigative process,
5. ensure the provision of appropriate services when deemed necessary for children and
their families, and
6. provide a forum for on-going communication and resolution of issues involving child
safety in this community and to foster an effective collaboration among:
a. law enforcement
h. the State Attorney's Office
c. the judiciary
d. domestic violence providers
e. the Child Protection Team
f. the local school system
g. the Department of Juvenile Justice
h. the Department of Children and Families, and
i. the Pinellas County Sheriff's Office, Child Protection Investigation Division
j. the Community Based Care provider
Memorandum ofUnderstanding/Working Agreement with the
Pinellas County Sheriff's Office, Child Protection Investigation Division
B. DEFINITIONS
"Child Abuse/Neglect/Abandonment"(dependency law, paraphrased): Harm or threatened harm
to a child's physical or mental health or welfare by the acts or omissions of a parent, adult
household member, or other person responsible for the child's welfare, and, for purposes of
reporting requirements, by any person. [Florida Statute 39.01, see individual definitions]
"Criminal Investigation": An investigation conducted by an appropriate law enforcement
agency for the purpose of uncovering evidence which may lead to an individual's prosecution for
adult abuse, neglect, or exploitation, or child abuse, neglect, or other appropriate criminal
charges.
"Domestic Violence": "An assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, or any criminal offense resulting in physical injury or death of one
family or household member by another who is or was residing in the same single dwelling
unit.," [Florida Statute 741.28, in part]
"Emergency Placement-Child": The temporary care of a child who is alleged to be or who has
been found to be dependent, pending further disposition, before or after adjudication, or after
execution of a court order. The placement may be with a relative, non-relative or state licensed
home or facility.
"Family or household member": "...means spouses, former spouses, persons related by blood or
marriage, persons who are presently residing together as if a family or who have resided together
in the past as if a family, and persons who have a child in common regardless of whether they
have been married or have resided together at any time." [Florida Statute 741.28]
"Joint Investigation": Two agencies conducting concurrent criminal and protective
investigations.
"Law enforcement Agency of Jurisdiction where a victim is located (JV Agency)": the law
enforcement agency who assists the law enforcement agency of jurisdiction over the offense.
"Law Enforcement Agency of Jurisdiction over the offense (JO Agency)": the law enforcement
agency which will conduct the criminal investigation.
"Protective Investigation": A fact finding and emergency service engagement process with the
primary goal of protecting children, disabled adults or elderly persons.
"Community Base Care (CBC)": CBC is the lead agency/provider In Pinellas County,
responsible for protective services of children in care.
2
Memorandum of Understanding /Working Agreement with the
Pinellas County Sheriff's Office, Child Protection Investigation Division
C. INVESTIGATIVE PROCEDURES
1. The Florida Abuse Registry Hotline, known as the "Hotline," of the Florida Department
of Children and Families (DCF) shall be responsible, as required by Florida Statute 39,
for transferring all calls with information that a child has been harmed by a non-
caretaker to the Sheriff (or law enforcement agency of primary jurisdiction) in the
county in which the harm occurred.
a. The undersigned law enforcement agencies are responsible for establishing procedures
for accepting such information including any follow-up hard copy report from the
Hotline, and when applicable, the timely transfer of such information to any other
appropriate law enforcement jurisdiction.
b. The law enforcement agency designated to receive non-caretaker abuse calls for Pinellas
County is the Pinellas County Sheriffs Office; the phone # is (727) 582-6200.
Hard copies of Hotline reports that document child-on-child sexual allegations will be
forwarded to the law enforcement agency of jurisdiction within two business days of receipt
by the PCSO Communications Division.
2. Unless otherwise specified in this written agreement or required by law, all reports of
alleged abuse, neglect, or abandonment of a child, taken for Pinellas County by the Hotline,
will be transmitted to the PCSO's CPID.
3. The CPID child protection investigator (CPI) shall immediately notify, as required by
Florida Statute 39.301(2), by either telephonic or electronic means, the appropriate law
enforcement agency that the Hotline has received a report or learned of a situation covered
by item 2., above, of this agreement. A written copy of the report will be delivered or
transmitted to the appropriate law enforcement agency, or to the law enforcement officer
assigned, within one working day.
4. Pursuant to FSS 39.301(2), an undersigned law enforcement agency receiving a report of
abuse shall be responsible for reviewing the report (i.e.- the Hotline allegation, be it verbal or
hard copy) and determining whether a criminal investigation is warranted. If a criminal
investigation is initiated, the criminal investigation shall be coordinated with the child
protective investigation by the CPID whenever possible. Evidence gathered in criminal
investigations will be handled according to the procedures of the undersigned law
enforcement agency.
5. The undersigned agencies agree, whenever possible, to conduct joint investigations. During
the course of such investigations, the parties hereto agree to share information on an on-
going and continuous basis. The parties understand that the safety of the alleged victim is of
primary concern and that the request for protective investigation by the CPID must be
responded to either immediately or within 24 hours of receipt of the Hotline Report.
6. If the undersigned law enforcement agencies request that the alleged perpetrator not be
interviewed by the CPI, that request shall be honored. The CPI must then document the date
and the time of the request, the person making the request and the reason for the request. The
3
Memorandum of Understanding/W orking Agreement with the
Pinellas County Sheriff's Office, Child Protection Investigation Division
undersigned law enforcement agencies agree to advise the CPID when the interview may be
conducted and will, when appropriate, share the results of any interview conducted by the
undersigned law enforcement agencies.
7. The CPI will be responsible for assessing the immediate safety of the child and taking the
necessary actions to provide for the continued safety of the child. The CPI will also be
responsible for determining and requesting any social services deemed necessary to support
the family.
8. The CPID and the undersigned law enforcement agencies shall develop, implement, and
provide training on these joint investigative protocols, protocols for the assessment of
domestic violence during abuse investigations, and the assessment of abuse during family
violence investigations.
9. This Memorandum of Understanding / Working Agreement, with any attachments, is
pursuant to Florida Statute 39.306, and is intended to constitute the necessary and written
protocols as set forth therein, and includes:
a. information governing response to reports of abuse or neglect or investigations,
b. an assessment of risk , and
c. release and maintenance of records and other information.
10. Should any conflicts occur:
a. during an investigation, resolution shall be attempted at the lowest ranking levels
possible, and consideration shall be given in the following priority
1. the welfare of the child, and then
2. the thoroughness and integrity of the criminal investigation, and then
3. the thoroughness and integrity of the dependency investigation.
b. during an administrative review, resolution shall be attempted by both parties' component
leaders or higher authorities. If necessary, resolution shall be attempted through an
independent law enforcement support entity.
D. SHARING OF INFORMATION
1. Pursuant to Florida Statute 39, and because the CPID is an entity within the Pinellas
County Sheriffs Office, the undersigned law enforcement agencies are authorized to
share with CPID and its CPIs, criminal history information accessed through the Florida
Crime Information Center.
a. Such information may be used only in the furtherance of a specific child protective
investigation, including the emergency placement of an endangered child. Information
is defined under D.2 below.
b. Such information will be provided without charge.
c. Such information may be provided by the assigned criminal investigator or through a
component of the undersigned law enforcement agencies.
4
Memorandum ofUnderstandingIWorking Agreement with the
Pinellas County Sheriff's Office, Child Protection Investigation Division
d. The release of such information will be documented in accordance with applicable
FDLE FCIC procedures.
2. Within statutory guidelines the undersigned law enforcement agencies will, upon request,
provide to the designated CPI, or CBC protective services worker, a copy of all initial law
enforcement reports pertaining to a family or child under investigation, including those
relating to domestic violence. Narrative descriptions and any subsequent, supplemental, or
related reports will be provided. These reports include those in which children are present
when family violence occurs.
3. Within statutory guidelines, the undersigned law enforcement agencies shall develop
procedures to allow access to or otherwise share all appropriate local criminal
information on an individual under investigation with the assigned protective
investigator.
4. Within statutory guidelines, the PCSO, CPID will provide to the appropriate law
enforcement agency copies of protective investigation reports during criminal
investigations. Any reports shall be provided without cost to the law enforcement
agency. Copies of these reports shall include the identity of the reporter, which remains
confidential pursuant to Florida Statute 39.
5. All information, reports, documents, etc., provided under the provisions of this agreement
shall retain any confidential status provided under law and shall not be distributed outside
the undersigned agencies unless otherwise authorized or mandated by law.
E. COORDINATION OF PRELIMINARY VICTIM CONTACT BETWEEN LAW
ENFORCEMENT AGENCIES: the jurisdiction of the victim-location (1V) agency, and the
jurisdiction of offense-location (10) agency.
Because victims are sometimes found in a jurisdiction other than the jurisdiction in which an
alleged offense occurred (such as a hospital emergency room, or a school), the undersigned
law enforcement agencies further agree to coordinate initial inquiries, and preliminary
investigations. In these cases, the agency having jurisdiction where the victim is located (JV
agency) shall, if requested by any of the undersigned agencies, have a law enforcement
officer respond and conduct a preliminary inauiry to establish sufficient facts upon which the
case may be evaluated, giving particular attention to the severity of the alleged offense, the
availability of witnesses, and the existence of physical evidence which requires timely
handling. Once the preliminary inquiry is conducted, an immediate notification shall be given
by the JV agency to an on-duty supervisor of the agency having jurisdiction where the
alleged offense occurred (10 agency). The JO agency is responsible for investigating the
criminal act(s).
The JO agency shall promptly inform the JV agency what type of response will be made and
when the response will occur. The JO agency may request the JV agency conduct a
preliminary interview of the victim and witnesses, and other activities associated with a
preliminary investigation. If the JV agency conducts an investigation, the investigating
officer shall prepare a written report, "Assist Other Agency," and shall send it to the JO
agency's case agent, or appropriate component, as soon as possible.
5
Memorandum ofUnderstanding/Working Agreement with the
Pinellas County Sheriff's Office, Child Protection Investigation Division
CANCELLATION.
This agreement shall continue until July 01,2010. However, any party hereto may withdraw
by providing thirty (30) days written notice to the other agencies.
IN WITNESS WHEREOF, the parties hereto cause their signatures to be affixed:
REMAINING PAGE BLANK
6
Memorandum ofUnderstanding/Working Agreement with the
Pinellas County Sheriffs Office, Child Protection Investigation Division
MEMORANDUM OF UNDERST ANDING/
WORKING AGREEMENT
In acknowledgment and execution of the Memorandum ofUnderstand~florking Agreement,
pages one through six inclusive, as authorized by Resolution No. , we hereby
set our hand and seal. fZ.. ~
ATTEST: CITY OF CLEARWATER
~:.~..n~-._
- ....,.... ." -.
~A....A.~4
CITY MANAGER, WILLIAM B. HORNE, II
~~.
LAWE EMENTAGENCYHEAD
ASSIST
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, this /1 tt day of ~ ' 2005 an officer duly authorized by
law to administer oaths and take acknowied nts, personally appeared the above officials of
the City of Clearwater, a municipal corporation of Florida, who are known to me, and who
acknowledged they executed the foregoing Agreement as the proper officials of the City of
Clearwater, and the same is the act and deed ofthat City.
Title
Commission No.
MEMORANDUM OF UNDERST ANDING/
WORKING AGREEMENT
10