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HomeMy WebLinkAboutResolution - 2008-R0259 - Interagency Agreement To Child Abuse Investigations - County Of Lubbock - 07_22_2008Resolution No. 2008-RO259 July 22, 2008 Item No. 5.9 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock or his designee BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interagency Agreement and related documents between the City of Lubbock and other certain entities operating within Lubbock County to coordinate activities and responses related to the investigation of child abuse within the county. Said Agreement and certain documents are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of July 2008. TOM MARTIN, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Dale Holton, Police Chief APPROVED AS T&FORM: gs/Agreement-Lub County Child Protection Team.res 07/10/08 LUBBOCK COUNTY INTERAGENCY AGREEMENT This Interagency Agreement is based upon and is in accordance with the Texas Family Code, Title 5, Chapter 264, subchapter E "Children's Advocacy Centers". MISSION STATEMENT The mission of the Lubbock County Child Protection Team is to more effectively protect the children of this community by consolidating the community investigative, legal, and social services provided by the Lubbock County Criminal District Attorney's Office, the Lubbock Police Department, the Ransom Canyon Police Department, the Slaton Police Department, the Idalou Police Department, the New Deal Police Department, the Abernathy Police Department, the Wolfforth Police Department, the Shallowater Police Department, the Lubbock County Sheriff s Office, the Children's Advocacy Center of the South Plains, the Texas Department of Family and Protective Services, and the Lubbock Rape Crisis Center into one collaborative effort. In support of this mission, the Lubbock County Child Protection Team has the following goals: 1) To develop and maintain a cooperative, team approach to investigating child abuse. 2) To reduce to the greatest extent possible the number of interviews required of a victim of child abuse to minimize the negative impact of the investigation and the `revictimization' of the child. 3) To develop, maintain and support through the Center, a "child friendly" environment that emphasizes the best interests of the child and that provides investigative and rehabilitative services to the child victim and non -offending family members. MEMBERSHIP The Lubbock County Child Protection Team is made up of the following entities, with their respective legal mandates, roles, and responsibilities (description of agency roles is limited to responsibilities performed within the Child Protection Team): LUBBOCK COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE The statutory mandate of the District Attorney is to see that justice is done. The Criminal District Attorney's Office prosecutes all criminal cases of physical abuse, sexual abuse, and neglect of a child. The Civil District Attorney's office represents the Department of Family and Protective Services in civil cases involving child abuse and neglect. Responsibilities include assisting law enforcement with all aspects of criminal investigations, including assistance with grand jury subpoenas, search warrants, and charging decisions; and reviewing all criminal child abuse cases for presentation to the grand jury, closure, or return for further investigation LUBBOCK, RANSOM CANYON, SLATON, IDALOU, ABERNATHY, NEW DEAL, WOLFFORTH, AND SHALLOWATER POLICE DEPARTMENTS 2008 Lubbock County Interagency Agrmnt • One of the mandates of the Lubbock, Ransom Canyon, Slaton, Idalou, New Deal, Abernathy, Wolfforth, and Shallowater Police Departments is to investigate all criminal cases of physical abuse and neglect of children 16 years of age or younger, and sexual abuse of children younger than 17 years of age, occurring in the above named towns of Lubbock County, Texas. • Responsibilities include the gathering and preservation of evidence to ensure a prosecutable criminal case. This includes interviewing and taking statements of witnesses and suspects, evidence collection, scene preservation, and the preparation and execution of search and arrest warrants. LUBBOCK COUNTY SHERIFF'S OFFICE One of the mandates of the Lubbock County Sheriff s Office is to investigate all criminal cases of physical abuse and neglect of children 16 years of age or younger, and sexual abuse of children younger than 17 years of age, occurring in Lubbock County, Texas. Responsibilities include gathering and preservation of evidence to ensure a prosecutable criminal case. This includes interviewing and taking statements of witnesses and suspects, evidence collection, scene preservation, and the preparation and execution of search and arrest warrants. TEXAS TECH HEALTH SCIENCE CENTER C.A.R.E. CLINIC The TTUHSC C.A.R.E. Clinic is to perform forensic sexual abuse exams as requested per investigators regarding cases of sexual abuse of children younger than 17 years of age. Responsibilities also include attendance at MDT case review meetings, sharing results of exams with partner agencies, and providing reports of exams to partner agencies as requested. LUBBOCK RAPE CRISIS CENTER The LRCC is usually summoned to area hospitals in cases of acute sexual assault. The role of the LRCC in cases of sexual assault to children younger than 17 years of age is to provide support at hospital emergency rooms. The LRCC agrees that their role is not to interview children victims. Responsibilities on the MDT include attendance at semi-monthly Lubbock MDT case review meetings (by the Executive Director or other paid staff member) and to share any additional information at case review on cases seen by them at the hospitals. CHILDREN'S ADVOCACY CENTER OF THE SOUTH PLAINS The Children's Advocacy Center represents the investment of the community in the future of its children. The function of the CAC is to provide the place where members of the community can show their commitment to our children through community involvement or participation in the intervention, coordination and delivery of services to children. As a non- profit, facility based community organization governed by an independent Board of Directors; the Center provides the voice of the community in its efforts to protect children. The facility serves as a neutral, child -friendly environment for interviewing children about abuse or neglect. Through collaboration with other Team members, the Center seeks to prevent the re - victimization of the child by the system by minimizing the trauma surrounding the interview and reducing the number of times a child must be interviewed. The CAC provides forensic interviewers, support services, community education, and advocacy for children. 2008 Lubbock County Interagency Agrmnt 2 Responsibilities also include facilitating joint investigations and forensic interviews among member agencies, coordinating multi -disciplinary case review meetings, assisting with multi- disciplinary training, and providing case follow-up, and casetracking. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES One of the mandates of the Department of Family and Protective Services is to investigate allegations of child abuse and neglect by parents, relatives, or caretakers to assess and address any issues related to the child's protection, including issues of present or future risk of abuse or neglect. Once risk is identified, services are provided to reduce the risks and to alleviate the effects of abuse and neglect. Services range from moderate in -home contact to removal of the child from the home. Responsibilities include coordinating with outside resources, family members, and the courts to address any changing factors affecting the child's ongoing safety. The members agree that forensic interviews of children 14 years of age and younger will be conducted by the Children's Advocacy Center, when practical. Members agree that interviews of children older than 14 are also encouraged to go through the CAC. The choice of interviewer for all children will be at the discretion of the investigators handling the case. The members recognize that the best interest of the child is served when investigations and services are coordinated and when agencies collaborate in a way that is mutually supportive. Each member accepts and supports the value of the role and contribution of every other member and agrees to support the collaborative effort. This includes the commitment of resources to the Team and the sharing of information to the extent allowed by law. The members also commit to an ongoing evaluation of the collaborative effort. 2008 Lubbock County Interagency Agrmnt THE UNDWSIGN AGREE,;KO THE TERMS OF THIS INTERAGENCY AGREEMENT -Matt Powell' " Lubbock County Criminal District Attorney E � Dale olton Lubbock Police De id David Gutierrez Lubbock County Sheriff 0V Wayne Rawls Ransom Canyon Police CW Ro oodsdn Slato olice Chief Idalou Po ice Chief ) /," �,, a St n Wheeler New Deal Police Chief Luis Villareal Abernathy Police Chief 2/j Rick Scott Wolfforth Police Chief D e Date zv- / 3 -tp4� Date /S-- d � Date Date Date Vd,? DPte 7"-,,7,y-pe Date 0 -s��� Date 2008 Lubbock County Interagency Agrmnt 4 w7--� M�jchaeF Neighbors Date Shallowater Police Chief 6?" . ttichard Lampe Date TTUHSC C.A.R.E. Clinic Director Ki Date Lubbock Rape Crisis Center Executive Director a'Qn2AAAI� cli LjjLa&l��-- 9151nS Camille Gilliam Date Texas Department of Family and Protective Services �f Brooke Jack Date Children's Advocacy Center Board President derS d en Aguirre Dad Children's Advocacy Center Executive Director ATTEST: APPROVED AS TO CONTENT L � es -- Rebecca Garza, City Secretary Dale Ho ton, Police Chief 2008 Lubbock County Interagency Agrmnt WORKING PROTOCOLS LUBBOCK COUNTY Mission Statements The mission of the Children's Advocacy Center of the South Plains, Texas, Inc. is to bring together community resources to speed the healing of child victims of abuse and other forms of trauma. The mission of the Child Protection Team for Lubbock County is to more effectively protect the children of this community by consolidating the community investigative, legal, and social services provided by the Lubbock County District Attorney's Office, the Lubbock Police Department, the Ransom Canyon Police Department, the Slaton Police Department, the Idalou Police Department, the New Deal Police Department, the Abernathy Police Department, the Wolfforth Police Department, the Shallowater Police Department, the Lubbock County Sheriff's Office, the Texas Tech University C.A.R.E. Clinic, the Lubbock Rape Crisis Center, the Children's Advocacy Center of the South Plains, and the Texas Department of Family and Protective Services into one collaborative effort. The South Plains area consists of the following counties: Lubbock, Bailey, Crosby, Cochran, Dickens, Floyd, Garza, Lubbock, Hockley, King, Lamb, Motley, Lubbock, and Yoakum. Multidisciplinary Team Members The members of the Multidisciplinary team members for Lubbock County include the Lubbock County Criminal District Attorney's office, the Lubbock Police Department, the Ransom Canyon Police Department, the Slaton Police Department, the Idalou Police Department, the New Deal Police Department, the Abernathy Police Department, the Wolfforth Police Department, the Shallowater Police Department, the Lubbock County Sheriff's Office, the Texas Tech University C.A.R.E. Clinic, the Lubbock Rape Crisis Center, the Children's Advocacy Center of the South Plains, and the Texas Department of Family and Protective Services. Roles and Responsibilities Lubbock County Criminal District Attorney's office: • Represents the Department of Family and Protective Services in criminal cases involving child abuse and neglect • Assists law enforcement with all aspects of criminal investigations of child abuse • Assists with grand jury subpoenas, search warrants, and decisions on filing charges • Reviews all criminal child abuse cases for presentation to the grand jury, closure, or return for further investigation • Prosecutes all criminal cases of physical abuse, sexual abuse, and neglect of a child • Collaborate with other MDT members in child abuse investigations • Attends MDT case review meetings • Presents pertinent case information at MDT case review meetings Lubbock, Ransom Canyon, Slaton, Idalou, New Deal, Abernathy, Wolfforth, and Shallowater Police Departments: • Investigates all criminal cases of physical abuse and neglect of children who are 16 years of age and younger and sexual abuse of children younger than 17 years of age in the above named towns of Lubbock County, Texas. • Gathers and preserves investigation evidence to ensure a prosecutable criminal case 2008 Lubbock Working Protocol • Interviews and takes statements of witnesses and suspects • Preserves crime scene • Prepares and executes search and arrest warrants • Provides a secure, confidential area for forensic interviews as needed (if the CAC mobile interviewing unit is unavailable) • Attends MDT case review meetings • Presents pertinent case information at MDT case review meetings Lubbock County Sheriffs Office: • Investigates all criminal cases of physical abuse and neglect of children who are 16 years of age and younger and sexual abuse of children younger than 17 years of age in Lubbock County • Gathers and preserves investigation evidence to ensure a prosecutable criminal case • Interviews and takes statements of witnesses and suspects • Preserves crime scene • Prepares and executes search and arrest warrants • Provides a secure, confidential area for forensic interviews as needed (if the CAC mobile interviewing unit is unavailable) • Attends MDT case review meetings • Presents pertinent case information at MDT case review meetings Texas Tech University Health Sciences C.A.R.E. Clinic: • Performs forensic sexual abuse exams • Attends MDT case review meetings • Shares exam result information at case review meetings and with other members of the MDT Lubbock Rape Crisis Center: • Accompanies sexual assault victims at local hospital emergency rooms • Assures that child victims of sexual assault are not interviewed at the hospital • Gathers information from caregivers and outcry witnesses • Attends MDT case review meetings and shares pertinent case information on cases seen at Lubbock hospitals Texas Department of Family Protective Services: • Investigate allegations of child abuse and neglect by parents, relatives, or caretakers • Assess and address any issues related to the child's protection, including issues of present or future risk of abuse or neglect • If risk is identified, provide services to families and children to reduce the risks and alleviate the effects of abuse and neglect • Coordinates with community resources, family members, and the courts to address any factors affecting the child's ongoing safety • Provides a secure, confidential area for forensic interviews as needed (if the CAC mobile interviewing unit is unavailable) • Attend MDT case review meetings • Present pertinent case information at MDT case review meetings Children's Advocacy Center of the South Plains, Inc.: • Provides a neutral, child -friendly environment for interviewing children about abuse or neglect via one of the following manners: o At the agency office in Lubbock, Texas OR 2008 Lubbock Working Protocol 2 o Travels to counties with signed agreements and interviews children in the agency's especially equipped mobile interviewing unit, when feasible OR o During inclement weather or when the mobile unit is not available, the agency will provide interview services via our transportable camera kit OR o If neither the mobile unit nor the transportable kit is available, arrangements can be made to use recording equipment available at local police departments or sheriffs office, provided confidentiality can be assured. • Collaborates with MDT members to prevent the re -victimization of the child by minimizing the trauma surrounding the interview and reducing the number of times a child must be interviewed • Facilitates joint investigations and forensic interviews among MDT partner agencies • Coordinates and facilitates MDT case review meetings on a regular basis • Assists with MDT training • Provides case follow-up • Provides case tracking via CAC state agency database • Provides support services for children and families such as family advocacy, assistance with Crime Victim's Compensation paperwork, referral to social service agencies as needed, and referrals to therapy as needed • Provides community education regarding child abuse issues Target Population The target population for the Child Protection Team includes: • Children between the ages of 2 to 17 who have made an outcry of sexual or severe physical abuse/neglect • Children between the ages of 2 to 17 involved in reports made by adults who have concerns of sexual or severe physical abuse/neglect of such children • Children who are considered to be at risk for sexual or severe physical abuse/neglect due to reported allegations of abuse for other children • Developmentally delayed adults over the age of 17 who are suspected victims of abuse/neglect • Children who have been witnesses to abuse/neglect, domestic violence, kidnappings, homicides, suicides, and other suspected criminal proceedings • Juvenile perpetrators of sexual abuse may be interviewed for the purpose of establishing whether they have been victims of sexual abuse at the request of investigators Intake Process • Intake of initial reports of abuse/neglect will be go through law enforcement and/or Child Protective Services • Upon determination of the suspected allegations, it will be the responsibility of law enforcement investigators and/or CPS investigators to determine the need for a forensic interview by the CAC following the criteria previously mentioned • The location of the interview is at the discretion of the investigator • In cases where a CPS investigator determines that a school visit is most appropriate there will need to be approval from a CPS supervisor 2008 Lubbock Working Protocol Forensic Interview Process • CPS will assume responsibility for referring cases in which they have involvement. Law enforcement agencies will need to refer those cases that do not fall under the jurisdiction of CPS. • Scheduling, Notification of other partner agencies o The CAC will only take appointments for forensic interviews from law enforcement and/or CPS investigators. o Appointments will be scheduled via a phone call either to the CAC office in Lubbock or the forensic interviewer's cell phone. o If investigators cannot get in touch with the forensic interviewers, a phone call should be made to the Executive Director at the CAC office or to the E.D.'s cell phone. The E.D. will then locate the forensic interviewer and relay the need for a return call to the investigator. o Only forensic interviewers may schedule their forensic interviews. No other CAC staff has the authority to schedule interviews for the interviewers except for the Executive Director. o Cell phone numbers for the forensic interviewers and Executive Director will be provided to all investigators. o It is the responsibility of the investigator making the forensic interview appointment to notify any other MDT members that could be involved in the investigation about the appointment (i.e.: cases where CPS and law enforcement will be working a case simultaneously). • Who conducts interviews o Interviews may only be conducted by the CAC's trained forensic interviewers. • Who must be present for observation o Lead investigators must be present in the observation of the forensic interview. o If an investigator (law enforcement or CPS) is not present, the interview will not take place. o Others allowed to observe the interview include other representatives of the MDT partner agencies and CAC staff and representatives. o Parents/guardians and other parties who are not members of the MDT partner agencies or the CAC will not be allowed in the observation room during an interview. • Procedures for team staffing (pre and post interview) o Investigators may staff with the forensic interviewers prior to the interview if desired. o This staffing will be to share pertinent case background and information. o Investigators may also staff the case with the forensic interviewer, family advocate, other investigators, and supervisors after the interview. • Procedures for communications with parent/guardian pre/post interview o Investigators will be responsible for communicating with parents/guardians to advice of appointments for forensic interviews. o Investigators will be responsible for meeting with parents/guardians after the interview. o The CAC family advocate or other CAC representative will be responsible for assisting parents/guardians in completing intake paperwork at the interview appointment. • Videotaping procedures o All cases scheduled for a forensic interview at the CAC office, the mobile interviewing unit, or at local law enforcement and/or CPS offices will be videotaped. • Which interviews will be videotaped o All forensic interviews involving outcries and/or reports of child abuse/neglect that fit the criteria will be videotaped. 2008 Lubbock Working Protocol 4 o CPS investigators who decide to have the Forensic Interviewer interview a child at school are responsible for audio -taping the interview. • Operation of video equipment o The Forensic Interviewers are responsible for operation of video equipment. • Issues involving ownership, storage, duplication, viewing of video o All videotaped and audio -taped interviews are the property of the agency leading the investigation (law enforcement or CPS). o The CAC does not usually store copies of the interviews. The investigating agency has sole responsibility for storage of videotaped interviews. (**Exceptions to this are delineated below). o The CAC will provide one additional copy of the videotape to other partner agencies participating in the investigation as needed. o The CAC has duplication equipment located at the Lubbock office. The equipment may only be used by designated staff who are familiar with its use. If partner agencies need more than 1 copy, they may provide additional CD's and request those additional copies. o Videotapes are the property of the investigating agency and thus it is their discretion as to. who may view those videotapes. The exception to this being those cases selected by forensic interviewers for peer review. o * * The CAC Forensic Interviewers have the right to make copies of some of the interviews with the permission of parents/guardians. o * *These copies are for the purpose of peer review meetings where forensic interviewers meet with other forensic interviewers for the purpose of additional training and critique from their colleagues. o **Another purpose for the copies is to assist the CAC in the role of training law enforcement officers on the CAC model and procedures. Joint Investigations Procedures for notifying other agencies of interviews o Lead investigators are responsible for notifying investigators from partner agencies of interviews (i.e., CPS will notify law enforcement and vice versa in cases that could involve criminal proceedings). Procedures for developing joint strategies o Each agency will work with and assist the others and the Center to ensure that the best interest and protection of children will be served. o The appropriate law enforcement agency is to investigate and determine whether or not a crime has been committed, and to present information to the proper authorities for prosecution. o The Texas Department of Family and Protective Services (DFPS) are responsible for the protection of children from harm by their parents or others responsible for their care. DFPS is responsible for conducting a civil investigation and taking whatever action necessary to protect the children from further harm. o The office of appropriate prosecuting authority is responsible for assessing and handling the civil and criminal legal aspects of the case in accordance with civil and criminal law. o Appropriate medical personnel will be responsible for providing the medical direction. o Mental health direction will be provided by the Center's Director of Clinical Services. 2008 Lubbock Working Protocol 5 • Procedures for sharing information and reports o All MDT partner agencies will assume responsibility for sharing pertinent case information with other MDT partner agencies on a regular basis. o Information sharing may take place during staffing and/or during MDT case review meetings as well as e-mails and phone calls. Team Meeting/Case Review Process • Case review meetings for Lubbock County will be held twice monthly usually on the 1" and 3`d Thursday of each month at 10 a.m. at the CAC office in Lubbock, Texas. The CAC reserves the right to schedule the case review meeting at a different day or time as needed. Notification of change will be sent via e-mail, fax, or phone calls. • Representatives of each partner agency are required to attend each case review meeting: Law Enforcement, CPS, the CAC, Prosecutor's office, C.A.R.E. clinic staff, LRCC Executive Director or other paid staff, and the Sheriff s office. If the investigator working the case is not present — those who are representing that agency will need to have information on and be prepared to discuss the case during the meeting. • Cases are reviewed at the next case review meeting following the interview and at each case review meeting thereafter until the case is resolved, closed, or presented for charges. • The Lubbock Forensic Interviewer or other designated representative of the CAC is responsible for generating the case list and agenda for each meeting. The list and agenda are disseminated via e-mail, regular mail, or fax. • MDT case review meetings are facilitated by the Lubbock Forensic Interviewer or other designated CAC representative. • CAC staff is responsible for documentation of the outcome of case review and information will be entered into the agency case tracking system database. • Case disposition should be communicated to CAC staff at case review meetings by investigators. • The appropriate prosecution authority's office can be available to conduct preliminary intake of cases for initial filing decisions at each staffing. Mental Health Component • The CAC provides free counseling/therapy for abused children and their non -offending caregivers, siblings, etc. at the Lubbock office. The funding is provided by grants and volunteers. • Therapy is provided by the CAC clinical director and by graduate student interns supervised by the clinical director. • Volunteers providing therapy are doctoral level graduate student interns in a counseling/therapy field. • Therapy/counseling is offered to individuals and families as well as in group settings. • Referrals for therapy may be initiated by CAC staff or any MDT partner agency staff. • Referrals will be given in writing to the clinical director of the CAC. • Contact with clients is made by the clinical director or therapist interns to schedule appointments. • In cases where clients cannot travel to the Lubbock office, or where all therapy slots are filled at the CAC - the clinical director will assist in making a referral to other counseling/therapy resources. • Information on progress in therapy requires a release of information form and may be shared at case review meetings. 2008 Lubbock Working Protocol Expectations of the CAC mental health providers include providing feedback at case review meetings, preparing children for court, and providing copies of therapy case notes upon subpoena. Medical Component • The Children's Advocacy Center collaborates with the Texas Tech Health Sciences Center C.A.R.E. clinic and a team of Sexual Assault Nurse Examiners affiliated with Covenant Health Systems and University Medical Center who provide forensic sexual abuse exams. • Exams for sexual assaults that have occurred within 72-96 hours (acute exams) should be referred to the emergency rooms at the above mentioned hospitals — especially during the evenings and week -ends. • Exams not considered acute (assault has taken place more than 72-96 hours ago), and acute exams that can be seen Monday through Friday between 8 and 5 may be scheduled with the TTUHSC C.A.R.E. clinic by calling that agency at (806) 743-7770. Exam appointment may be scheduled by the investigator or by CAC staff (at the request of investigators). • Forensic sexual abuse exams are conducted by especially trained Sexual Assault Nurse Examiners only. Determination of the need for an exam is at the discretion of the investigating officer or CPS investigator or emergency room physicians in the case of emergency room visits. • Medical services results may be shared with the MDT at case reviews as well as in written fashion to investigators by medical personnel providing the service. • Exams for physical abuse are at the direction and discretion of the investigators (law enforcement or CPS). • Medical providers are expected to attend case reviews and be prepared to discuss exam results. Medical providers may also provide reports to the investigators regarding exam results. • Children's Advocacy Center agrees to pay an amount of $1250.00 per month to contribute towards the cost of forensic sexual exams of CACSP clients. This amount is reimbursed to CACSP through an agreement with Lubbock County. Billing for this amount will come from the TTUHSC C.A.R.E. clinic to the CACSP. Billing may also be filed with health insurance or Medicaid when clients have these available and may also be filed with Crime Victims Compensation, and are ultimately the responsibility of the department requesting the exam. Victim Advocacy Component The CAC is responsible for providing a family advocate for clients accessing forensic interviewing services. Initial contact between the family and the CAC family advocate occurs when the family comes in for the forensic interview appointment. The Family Advocate (or trained CAC staff/volunteers) provides the following services to families: o Assists the family with filling out intake paperwork o Explains the process of a forensic interview o Explains the rights families have in the process o Explains Crime Victim's Compensation and assists in filling out paperwork o Assesses the families for unmet needs and makes referrals to social service agencies for those unmet needs 2008 Lubbock Working Protocol 7 o Discusses the importance of therapy with the family and makes referrals for therapy to the CAC clinical director o Makes follow-up phone calls to families to check on their progress or needs they may have o Is responsible for making contact with families regarding an appointment for court room preparation when a case is going to criminal court proceedings o Accompanies families to court proceedings during trial. Records Retention It is the policy of the Advocacy Center that all the client files are confidential and not subject to public release under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this chapter. Client files include but are not limited to the files, reports, records, communications, and working papers used or developed in providing services. Client data consists of such information as: name, address, names of children, children's DOB, ages, school attended, type of alleged abuse, alleged perpetrator, age and sex of alleged perpetrator. Included is information regarding who is conducting the interview, who is in the screening room watching the interview, who took the videotape or DVD of the interview and any referral for additional services. PROCEDURE 1. Copies of partner agency reports are not kept in the Children's Advocacy Center of the South Plains client files. 2. The Children's Advocacy Center of the South Plains client files are kept in a locked file cabinet in the office of the Program Director at 720 Texas Avenue. 3. Representatives from our partner agencies may have access to specific files on a "need to know" basis. 4. These files belong to the Children's Advocacy Center of the South Plains of Texas, Inc. and will be available by court order. 5. When a subpoena is received a CAC attorney will be contacted to determine the appropriate course of action. Client files will not be released without a court order. 6. Disclosure may be to TDFPS, TDFPS employees, law enforcement agencies, prosecuting attorneys, medical professionals and other state agencies that provide services to children and families. Client files may be shredded on or after the 10t' anniversary of the date on which the client who is the subject of the record was last seen at the Children's Advocacy Center or the clients' 20tb birthday. PROCEDURE: VIDEOTAPES OR DVD'S 1. Forensic interviews are recorded on videotape or DVD. 2. All DVD and videotape recordings become the property of the agency that requested the interview and leave the Children's Advocacy Center building with the agency personnel who requested the interview. 3. Recorded DVD or videotape interviews are not kept at the Children's Advocacy Center of the South Plains. 4. The videotapes/DVD's must be subpoenaed by contacting the appropriate agency who owns that videotape/DVD. 5. Each agency will have their own policy for making copies, letting other parties view the tapes/DVD's and retention of tapes. 2008 Lubbock Working Protocol 8 PROCEDURE: ELECTRONIC FILES 1. The CAC of the South Plains utilizes electronic files via the CACTX Case Tracking System. This information is maintained on a secure server by CPNI. These files are maintained indefinitely because destroying them would be overly time consuming. 2. Electronic client files are accessible by designated Children's Advocacy Center staff and designated volunteers. 3. Designated Center staff is solely responsible for entering and maintaining these files. 4. Mental health records that are maintained by an on -site mental health therapist in the manner outlined in Medical Records Retention Policy. PROCEDURE l . Medical records are maintained in a fashion that is set forth by the medical institution that has provided the medical evaluation. 2. No medical records are owned or kept by the CAC. 3. Mental health records that are maintained by an on -site mental health therapist are the property of the Children's Advocacy Center. 4. Client mental health records will be kept for 10 years, or 10 years following the client's 18th birthday, whichever is longer. 5. Mental health records are to be kept on hard copy written format in a locked filing cabinet in a locked office. 6. Mental health records are not to be kept on any computer drive. 7. Mental health files will not be saved on laptop, PDA or MP drives. 8. Files may be saved to the official Clinical Director's USB, disc or floppy and become the property of the mental health component of the Children's Advocacy Center or the South Plains. 9. Electronic storage media remains the property of the CAC of the South Plains and will not be allowed to leave the building. 10. The Mental Health records are maintained as separate files from the Children's Advocacy Center client files. 11. The counselor/therapist is bound by the rules of confidentiality and ethics which are dictated by their profession, professional affiliations and licensing requirements. Confidentiality 1. All personnel involved with the operations of the CAC, within the bounds allowed by law, agree to maintain confidentiality of all records and information gathered on all child sexual and physical abuse cases as outlined by the Texas Family Code. 2. All agencies/organizations participating in the MDT will immediately share pertinent case information with the appropriate agency within 24 hours. In situations involving public agency, medical staff or staff as suspected offenders, confidentiality will be maintained and these cases will not be staffed in the weekly staffing sessions. Conflict Resolution Any conflicts that occur between agencies regarding cases being addressed by the CAC and members of its Multidisciplinary Team shall be taken to their immediate supervisors. If not resolved, then the dispute will be addressed by a meeting between designated agency representatives and the CAC Executive Director. It is the role of the CAC to assure that continued collaboration and communication between partner agencies is encouraged and reinforced. 2008 Lubbock Working Protocol 9 Other General Provisions 1. All agencies will be invited and encouraged to attend training sponsored by the CAC. The CAC will provide financial support for professionals and volunteers to attend specialized training when possible. 2. All community volunteers must meet the criteria set by the CAC in order to qualify as volunteers. 3. It is expressly understood that each agency will work within its departmental mandates and policies. Nothing contained herein supersedes the statutes, rules and regulations governing each agency. To the extent that any provision of this agreement is inconsistent with any such statute, rule, or regulation, the statute, rule, or regulation shall prevail. 4. All agencies/organizations participating in the Center agree to provide specially trained professionals with skills in child abuse interviewing, assessment, and investigation to be jointly assigned as teams to handle appropriate cases of child sexual and physical abuse. 5. This Agreement shall be reviewed at least every three years and shall be modified as determined by the Executive Director and the Multidisciplinary Team. The appropriate agencies will be notified and upon mutual agreement of all parties will sign the modification to the agreement. This Agreement may be modified: a. to conform to existing or new statutes, rules, regulations, or departmental policies which may conflict with any provisions of this agreement; b. to better meet the needs of families and children in the provision of child abuse related services; c. to improve the procedures set forth in this Agreement; d. to add or delete agencies as parties to the Agreement; e. for such other purposes as the parties may agree; 6. The Agreement may be terminated by'written notice, submitted to all parties (signatories). Any party seeking to terminate the Agreement must give thirty (30) days notice. 7. Signatories of this Agreement will include the following agencies: a. Lubbock County Criminal District Attorney's Office b. Lubbock County Sheriff s Office c. Texas Department of Family and Protective Services d. Lubbock, Ransom Canyon, Slaton, Idalou, New Deal, Abernathy, Wolfforth, and Shallowater Police Departments e. C.A.R.E. Clinic Director f. Lubbock Rape Crisis Center Executive Director g. Board Chairperson—Children's Advocacy Center of the South Plains, Texas, Inc. h. Executive Director—Children's Advocacy Center of the South Plains, Texas, Inc. 2008 Lubbock Working Protocol 10 This agreement expires three years from the date of the signatures below. Matt Powell - Lubbock County Criminal District Attorney Dale Holton Lubbock Police Departtnt Chief /A n , AA Lr' _ David Gutierrez Lubbock County Sheriff . �J,,,,,- " Wayne Reks Ransom Canyon Police ref Sl ton Police Chief Albert Garcia Idalou Police Chief Steven Wheeler New Deal Police Chief Luis Villareal Abernathy Police Chief Rick Scott Wolfforth Police Chief �116-r Date Date ��/ 3 I-Ok Date s c3� Date Date 2 zq? Dat ;7 Date B - r ocs> Date 2008 Lubbock Working Protocol I I All 14 Michael Neighbors Date Shallowater Police Chief chard Lampe V Dad TTUHSC C.A.R.E. Clinic Director m STarK Da e Lubbock Rape Crisis Center Executive Director 9 1 E) AG Camille Gilliam Date Texas Dep ment of Family and Protective Services 8, t- - .^ I &VC: Brooke Jackson D to Children's Advocacy Center Board President C en Aguirre D e Children's Advocac enter Executive Director ms/2008 Lub Working Protocol 2008 Lubbock Working Protocol 12