MEMORANDUM OF UNDERSTANDING - WORKING AGREEMENT (2)MEMORANDUM OF UNDERSTANDING/WORKING AGREEMENT
The Undersigned Law Enforcemer�t Agencies
and the
Cltild Protection I�ZVestigations Division (C�ID) of the
Pinellas County Sherift's Office
The undersigned agencies agree ta the following:
A. PURPOSE
The puipose of this Meinorai�dum of Understanding is to coordinate seivices oi the �inellas
County Sl�eri:ffls Ofiice, Chiid Protectian Investigations Division (CPID), and the undersigned
Finellas County Lavv enforcement agencies within Pinellas, through cooperation, collaboration,
and the sharing of approp�-iat� infonnation. This agreement recogn�izes operations pzotocols for
the joint investigatzon of abuse report involving both criminal and dependency allegations. Suct�
protocols ix�ay be addressed herein or be supplexnented by a docurnent in writing signed by the
paities hereto whenever additional procedures are needed.
It is the objective of t]xis document to:
l. Provide standard, consistent and thorough investigations oF allegations of child abuse,
neglect or abandonil�ent,
2. Maxiinize the resources ttu•ough a joint izavestigative pracess,
3. Minimize the nuznber of inteiviews for children who are victims oiabuse or neglect,
4. Allovv for the orderly collection of evidence in the criminal investigative process,
5. Ensure the provision of appropriate services when deezned necessary for children arnd
their faxnilies, atid
6. Provide a foruzn for on-going communication and resolution of issues involving child
safety in this community and to foster an effective collaboratian among:
a. Law enforcernent -
b. The State Atto�7�ey's Qf�ce '.
c. The judiciax•y
d. Damestic violence providers
e. The Child Protection Team
f The lacal sclloal system
g. The Departznent of 7uvenile Justice
h. Th� Departlnent of Children and Fa�nilies, and
i. The Pinellas County Shez-iff's Office, Child Protection Investigation Division
j. The Cozninunity Bas�d Care provider
�
Memorandum of Understanding/Working A�•�ement with the
Pinellas County Sheriff's Office, Child Protection Investigation Division
B. DEFINITIONS
"Child Abuse/Neglect/Abandonnient" (dependency law, paraphrased): Harrn or threatened
haran ta a clxild's physical or mental health or welfare by the acts or omissions oi a paren.t, adult
hous�;hold tnember, oz• other persan responsible for the child's welfare, and, %r purposes of
reporting requirements, by any person. [Florida Statute 39.01, see individual definitions]
"Crdnairral .Investigation ": An investigation conducted by an appropriate law enforceznent
agency for the purpose of uncovering evidence which may lead to an individual's pros�cution for
adult abuse, neglect, or exploitation, or child abuse, neglect, or oth�r appropriate criininal
charges,
"Donzestic Violence ": "An assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, or any criminal affense resulting in physical injury or death of one family or household
member by anoth�r wha is or was residing in the same single dwelling unit." [Florida Statute
741.2$, in partj
"Enlergency Placement-Child": The temporary care of a child who is alleged to be ar who has
been found to be dependent, pending further disposition, before or after adjudication, or after
executian of a court order. The placeme;nt may be with a relative, non-relative or state licensed
home or facility.
"Famtly or hoassehold nzember ": ".. ,�n�ans spouses, former spouses, persons related by blood or
marria�e, persons who are presently residing together as ii a family or who have xesided together
in the past as if a family, and persons who have a child in comrnon regardless of whether they
have been mar�•ied or have resided together at any time". [Florida Statute 741.28]
"Joznt Investigation ": Two agencies conducting concurrent criminal and pz-otective
investigations.
"Law Enforcement Agerrcy of Jurisdiction whe�•e a victina is located (JV Agency) ": the law
enfarcernent agency who assists the lavv enforcement agency o�jurisdiction over the offense.
"Law Enfof•cement Agency of Jut-isdiction over the offerrse (JO Agency) "; the law enforcement
agency which will conduct the criminal investigation,.
"Protective 1'nvestigatiorr ": A fact finding and emergency service engagement process with the
primary goal of pr•otecting children, disabled adults oz• elderly p�rsons.
"Con�rnunity Base Cu�-e (CBC) ": CBC is the lead agency/provider in Pinellas County,
responsible far protective seivices of children ii� care.
�a
Memorandum of Ux�derstanding/Working A�eeinent with the
Pinellas County Sheriff's Office, Child Pratection Tnvestigatiox� Division
C. 1NVESTIGATIVE PROCEDURES
1. The Florida Abuse Registry Hotline, known as the "Hotline", of the Florida De�artment of
Children and Families (DGF) shall be t•esponsible, as required by Florida Statute 39, for
transferring all calls with information that a child has been harmed by a nan-caretaker to the
Sheriff (or law enforcement agency of primary juz-isdiction) in the county in which the hatm
occurred.
a. The undersigned law enforcement agencies are respansiblE for establishing procedures %r
accepting such infonnation including any follow-up hard copy report from the Hotline, and when
applicable, the tiinely transfer of such in%rmation to any other appropriate law en�orcement
jurisdiction.
b. The law enforcement a�ency designated to receive non-caretaker abuse calls for Pinellas
County is the Finellas County Sheriff's Off ce; th� phone # is (727) 5$2-6200.
Hard copies of Hotline reports that document child-on-child sexual allegatians will be forwarded to the
law enforcement agency of jurisdictian within two business days of receipt by the PCS� Child
Protection Investigation Divisian.
2. Unless otherwise specified in this written agreement ar required by law, all reports of alleged
abuse, neglect, or abandonment af a child, taken far Pinellas County by the Hotline, will be transmitted
to the PCSO's CPID.
3. The CPID child protection investigator (CPI) shall immediately natify, as required by Florida
Statute 39.301 (2), by eith�r telephonic or electronic means, the Appzopriate ]aw enforcement agency
that the Hatline has received a repart ar learned of a situatioz� covered by item 2., above, of this
agreement. A written copy of the report will be delivered or transmitted ta the appropriate law
enfoz-cemei�t agency, or to the law enforcement officer assigned, within on.e working day,
4. Pursuant to FS 39.301(2), an undersigned law enforceinent agency receiving a report of abuse
shall be responsible for reviewing the report (i.e., the Hotline allegation, be it verbal ox hard copy) and
determining wliether 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,
3
Memorandum of Understanding/Working Agreement with the
Pinellas County Sl�eriff's Office, Child Protection Investigation Division
S. Th� undersigi�ed agencies agree, whenever possible, to conduct joint investigations. During the
course of such investigations, the parties hereto agr�e to share information an an ora-going and
continuous basis. The parties unde�•stand that th� safety of the alleged victim is of primary concei� and
that the request for p�-otective 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 enforcemen.t agencies requ�st that the alleged perpetrator not be
inteiviewed by the CPI, that request shall be honored. The CPI must then docuinent the date and the
time of the request, the person making the r�quest and the reason for the request. Th� lavv enfarcement
agencies agree to advise the CPTD 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 wili be responsibie for assessing the immediate safety of the child and taking the
necessary actions to provide for the cantinu�d safety af the child. The GPI will also be responsible for
determining and requesting any social seivices deemed necessary to support the family,
8• The CPTD and the undersigned law enforcement agencies shall develop, irnplement, 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 investxgations.
9. This Memorandum of Understanding/Working Agreement, with any attachments, is pursuant to
Florida Statute 39.306, and is intended to canstitute the necessary and written protocols as set forth
therein, and inciudes:
a. Information gov�rning response to reports of abuse or neglect or investigations,
b. An ass�ssment o:f risk, and
c. Release and rnaintenance ofreco�•ds 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 fallowing priority
1. the welfare of the child, and then
2. th� thoroughness and integrity of the c�-iminal investigation, and then
3. the thoroughness and integi�ity oithe dependency investigation.
b. During an administrative review, r�solution shall be attempted by both parties' coinponent
leade�-s or higher authorities. If necessary, resolution shall be attempted tku-ough an independent
law enforcement support entity.
4
Meinorandum of Understanding/Wo��king Agreem�nt with the
Pinellas County Sherif�s Offic�, Child Protection Investigation Divisian
D. SHARING OF INFORMATION
1. Pursuant to Florida Statute 39, and because the CPID is an entity within the Pinellas
County Sheriff s Office, the undersigned law enforcement agencies are authorized to share with
CPID and its CPTs, criminal history information accessed thraugh the Flarida Crime Inforxnation
Center.
a. Such info�-matian inay be used only in th� furtherance of a specific child protective
investigation including the emergency placement of an endangered child. Tnformation
is defined under D.2 below.
b. Such information will be pravided without charge.
c. Such information may be p�•ovided by the assigned criminal investigatar or through a
component of tlae undersxgned law enforcemen.t agencies.
d. The r�lease of such inforxnation will be documented in accardance with applicable
FDLE/FCIC procedures.
2. Within statutory guidelines the undersigned law enforcement agencies will, upon request,
provide to the designated CPT, or CBC pratective services worker, a copy of all initial law
enforceinent reparts pei-taining to a family or child under investi�ation, iz�cluding those relating
to domestic violence. Narrative descriptions and any subsequent, supplernental, or related reports
will be provided. These z'eports include those in which children are present when family vialence
accurs.
3. Within statutory guidelines, the undersigned law enforcemezat agencies shall d�velop
procedures to allow access to or otherwise share all appropriate local criminal information on an
individual under investigatian with the assigned protective investigatoz'.
4. Withizi statutory guidelines, the PCSO, CPID will provide ta the appropriat� law enforcement
agency copies oi pratective investigatian reports duz•ing criminal investigations. Any xeports
shall be provided without cost to the law enfarcement agency. Capies of these reports shall
include the identity of tlie reporter, which remains confidential pursuant to Florida Statute 39.
5. All infonnation, reports, documents, etc., provide under the provisions of this agreexnent
shall retain any confidential status provided under law and shall not be distributed outside the
undersi�ned agencies unless otherwise authorized or mandated by law.
5
Memorandum of Understar�dingf Working Agreement with the
Pi��ellas Caunty Sherift's Ofiic�, Child Protection Investigation Divisiozi
E. COORDINATI�N OF PRELIMINARY VICTIM CONTACT BETWEEN LAW
EN�'ORCEMENT AGENCTES:
The jurisdiction of the victim-location (JV) agency, and jurisdiction af offense-location
(JO) agency, Because victiins are sometimes found in a jurisdiction other than the
jurisdiction in which an alleged oFfense occurred (such as a hospital emergency room, ar
a schoal), the undersigned law enforcement aget�cies further agree to coardinate initial
inquixies, and p�•eliminary �nvestigations, In these cases, the agency having jurisdiction
where the victim is located (JV agency) shall, if requested by any of the undez•signed
agencies, have a law enforcement offtcer respond and conduct a preliminary i�nquirv to
establish sufficient facts upon which the case may be evaluated, giving pai-ticular
attention to the severity of the alleged offense, the availaUility o:F witnesses, and the
existence of physical evidence which requires timely handling. Once the
preliminary inquiry is conducted, an immediate natification shall be given by the JV
agency to an on-duty supervisor af the agency having jurisdiction where the alleged
offense occurred (JO agency). The agency is responsible for investigating the criminal
act(s).
The JO agency shall promptly inform the JV agency wlaat type of r�sponse will be made
and when the response will occux. The JO agency may request the JV agency conduct a
preliminary interview of the victim and witnesses, and oth�r activities associated with a
preliminary investigation. If th� JV agency conducts an investigation, the investigating
officer sha11 prepare a written report, "Assist Other Agency," and shall send it to the JQ
agency's case agent, oi• appropriate component, as soon as possible.
F. CANCELLATION.
This agreeinent shall continue until June 30, 2015. However, any party hereto may
withdraw by p�•oviding thirty (30) days written notice to the other agencies.
REMAINING PAGE BLANK
�
Memorandum af Understanding Working Agreement with the
Pinellas County Sheriff's Office, Child Protection Investigation Division
In acknowledgment and execution of the MEMQRANDUM OF UNDERS7ANDING/ WORKING
AGREEMENT, pages one thraugh eight inclusive, I hereby set my hand and seal,
CLEARWATER POLI
L3'
HntnonyHo
Chief of Poli
S7ATE OF FLORIpA
COUNTY QF PINELLAS
EPARTMENT
�n (� 1
BEFORE M� this � day of I►—IU V6"t' 2011, an afficer duly authorized by law to
administer oaths and take acknowle gments, personally appeared
., . . , , , .
�vno is�p�rsonallv knawn to me a'nd wha acknowledged he executed the faregoing
Memorandum of Understanding/Working Agreement.
a��;R �P:;&�. KELI.Y 3UE 0'BRI�N � ,
* * MYCOMMh5SI0N�DD7652i6 Notary u ic
EXPIRES: April 17, 2012
'���oF���" Bonded7lweudgetNoMry5ervkaa My commission expires:
Commission Number:
�l
Tn acknowledgment and execution oi the MEMORANDUM OF LTNDERSTANDING/
WORKING AGREEMENT, pages one through eight inclusive, I h�reby set my hand and seal.
PINELLAS COUNTY SHERIFF'S O�'FICE
t
JI OA S, Sherif
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME this � day of �� 2011, an officer duly authorized by
law ta adzninister oaths and take ackr�owled nts, personally appeared JZM COATS, Sheriff of
Pinellas County, Florida, who is personally known to me and wha ackz�ovvledged he executed the
%re�oing Meinorandum of Understanding/Working Agreement.
� ��.
Notary Public
My commissian expir�s:
Commission Number:
,.:..,,
;,�`tr'"•rv�;:; �. �� �ii M, TRDESCH
�� mmisslon # DD 935190
� . -�,� - :.�plres November4, z013
•AI' �:i ' :undod T!w troy Fe4� Inausrco BaaaeS•7at9