Loading...
HomeMy WebLinkAboutResolution - 2009-R0038 - Community Protocol - Lubbock County Sexual Assault Response Team - 01/22/2009Resolution No. 2009-R0038 January 22, 2009 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: THAT the City Council of the City of Lubbock hereby authorizes the Chief of Police for the City of Lubbock to execute a Community Protocol with local organizations comprising the Lubbock County Sexual Assault Response Team which promulgates guidelines for assisting victims of sexual assault and ensuring perpetrators of such offenses are held accountable. Passed by the City Council this 22nd day of ATTEST: Reber a Garza, City Secretary APPROVED AS TO CO TNT: Dale Holton, Chief of Police APPROVED AS TO FORM: arold Willard, Asst. City ttorney HW:[h/ccdocs/IZeso-TxDot (DWI & Speed) -res December 31, 2008 Janua TOM MARTIN, MAYOR , 2009. Resolution No. 2009-R0038 Lubbock County Sexual Assault Response Team (SART) Community Protocol PURPOSE A.) To ensure all sexual assault victims accessing services in Lubbock County receive continuous care and needed services through unified efforts of the Lubbock County SART. Through this collaborative partnership SART members will strive to provide all victims of sexual assault with necessary services to promote healing and restore an optimal level of functioning. B.) The Lubbock County SART will include representatives from local law enforcement agencies, the Lubbock County Criminal District Attorney's office, the Forensic Nurse Staffing of West Texas and the Lubbock Rape Crisis Center. The core member agencies of this team are permanent but additional members may be added if necessary to meet the needs of sexual assault survivors. C.) This protocol establishes a community -wide approach to the problem of sexual assault. It is representative of the combined efforts of professionals from law enforcement, medical personnel, victim advocacy and the judicial system. The Lubbock County SART consists of agencies that work independently of one another, but will collaborate to maintain open communication with each other regularly to discuss mutual cases, thus making the system function effectively and efficiently. D.) SART team meetings will allow for collaborative communication, discussions of concerns and problem solving. In addition, a coordinated approach will enhance public safety by facilitating investigation and successful prosecution, which will ensure offenders are held accountable for their actions. MISSION The mission of the Lubbock County SART is to provide an interdisciplinary team response to the offense of sexual assault, which is a crime of violence against a person's body and will. Therefore, provision of services to sexual assault victims will demonstrate the most competent, compassionate and understanding manner possible to support a transition from victim to survivor for every individual whose life is impacted by sexual assault. GUIDELINES: 1. Victim -centered services are the foundation of the SART program; as such, all individuals or agencies working with the victim/survivor will take into consideration the physical, emotional, and psychological well-being of said persons. 2. All concerns for safety and health care needs of the victim/survivor will be addressed and handled utilizing a sensitive and non judgmental approach. 3. All advocacy, sexual assault investigation, examination and prosecution services will be provided in a culturally sensitive manner. 4. Service providers (Hospitals, Sexual Assault Nurse Examiners Advocate) of sexual assaults involving elder adults, disabled individuals, or children will contact the appropriate agency (Adult Protective Services, Children's Protective Services, or law enforcement) as per mandatory reporting laws. 5. SANE will conduct a prompt, compassionate, comprehensive, proficient and objective health history and physical examination of each victim in accordance with Texas Evidence Collection Protocol and the National Protocol for Sexual Assault Medical Forensic Examinations. Lubbock County SART 12/2008 6. The Lubbock Rape Crisis Center (LRCC) will provide medical accompaniment, law enforcement accompaniment, judicial accompaniment, follow up, individual and/or group therapy to all primary and secondary victims of sexual assault. 7. Law Enforcement agencies will ensure the quality and integrity of sexual assault investigations. 8. The Criminal District Attorney's office will work in coordination with the respective agencies to ensure an effective response to sexual assault. GENERAL POLICIES & PROCEDURES Law Enforcement A. When engaging sexual assault victims during the investigative process, law enforcement will utilize interviewing skills rather than interrogation methods. B. Whenever a sexual assault victim has been identified by law enforcement, law enforcement will contact LRCC to request an Advocate meet with the victim at an appropriate location. C. When law enforcement is called to the scene of a sexual assault, officers will protect the victim from further harm, protect the integrity of the crime scene/evidence, and take a statement from the victim to determine if a crime was committed. D. In acute cases (sexual assault occurred within 96 hours) in which a SANE forensic medical exam is warranted and with the victim/survivors cooperation, law enforcement will recommend the victim/survivor proceed to either Covenant Emergency Room, Covenant Children's Emergency Room or University Medical Center (UMC) Emergency Room to be examined by the SANE. E. When law enforcement officers are dispatched to the hospitals on a sexual assault case, they will adhere to Article 56.06 as per the Texas Code of Criminal Procedure. If a sexual assault is reported within 96 hours of occurrence of the offense, law enforcement agencies may only decline to issue a case number to order a SANE forensic medical exam if the person reporting the sexual assault has made one or more false reports of sexual assault to any law enforcement agency and if there is no other evidence to corroborate allegations of sexual assault. F. Law enforcement will preserve information and evidence that will identify the offender and corroborate the allegations. G. If contacted by a LRCC Advocate in reference to evidence that requires drying, a Crime Scene Officer (CSO) will be dispatched to the location to take possession of the evidence. H. All requests from sexual assault victims, family members or outside agencies in reference to the report submitted to LPD by LRCC must go through LPD to gain access to the report. I. Law enforcement will make referrals to the Criminal District Attorney's office when a sexual assault suspect has been identified and probable cause for arrest exists. J. Law enforcement will attend SART meetings on a regular basis and share information with other partner agencies involved with SART so that victims are protected and perpetrators are held accountable. K. Law enforcement will keep SART informed of the status of cases as they move through the investigative process. Lubbock County SART 12/2008 Lubbock Rape Crisis Center A. LRCC will provide a 24-hour, 7 day -a -week sexual assault crisis hotline. B. All LRCC Advocates will complete a 40 -hour sexual assault advocate training program as prescribed by the Office of the Attorney General. C. On-call staff for LRCC will respond within 30 minutes from the time the center is contacted. If for any reason there is going to be a delay in response time (inclement weather, or other emergency issues) LRCC will give an estimated time of arrival. D. Anytime LRCC is dispatched to a hospital the LRCC Advocate will inform SANE of the possible need for a sexual assault forensic medical exam. E. LRCC advocates will inform the victim/survivor of his/her options to be examined by SANE, review the confidentiality and the limits of confidentiality with such victim/survivor, and explain the benefits of completing a release of information to law enforcement and the Criminal District Attorney's office. F. LRCC advocates will accompany the victim/survivor throughout the exam at the victim/survivor's request. G. An LRCC advocate will remain with the victim/survivor after the exam is complete to talk with the victim/survivor and ensure the victim/survivor has transportation home. H. After the victim/survivor has completed the medical exam the LRCC Advocate will encourage the victim/survivor to engage the LRCC's or their own support system to ensure the victim/survivor is not alone upon leaving the hospital. L The LRCC advocate will not interfere with the SANE examination or law enforcement interview. J. The LRCC advocate will give each sexual assault victim/survivor a personal care package in addition to other helpful literature and resource contact information before leaving the hospital. K. LRCC will also furnish clothing and undergarments for victims/survivors having to surrender their clothing into evidence at the hospital. L. An LRCC advocate will take possession of the evidence from SANE and promptly transport it to the DPS crime lab as per protocols created by law enforcement and the Criminal District Attorney's office. M. An LRCC Advocate will contact LPD dispatch if evidence collected requires drying and will release that evidence to the CSO. N. LRCC will promptly submit the Intake Report and SANE paperwork to the appropriate law enforcement agency. If the case occurs during the week, reports must be submitted within 24 hours; if the case occurs on the weekend, reports must be submitted by no later than 4:30 p.m. the following Monday unless extenuating circumstance exist. O. Unless presented with a subpoena, all requests for LRCC paperwork submitted in reference to a sexual assault will be referred to Lubbock Police Department. P. LRCC will follow up with all sexual assault victims/survivors and provide additional services if necessary including, but not limited to, law enforcement accompaniment, judicial accompaniment, referrals for STI and pregnancy testing, individual and group counseling provided by a licensed counselor for both primary and secondary victims of sexual assault. Q. LRCC will provide survivor -related training to law enforcement and other community agencies. R. LRCC will attend SART meetings and work cooperatively with SART members toward a goal of focusing on what is in the best interest of the victim/survivor and the community. Lubbock County SART 1212008 Sexual Assault Nurse Examiners A. SANE agrees the dual purpose for the forensic medical examination is to address the patient's needs and the justice system needs. B. SANE will ensure that exams are conducted at sites served by specially -educated and clinically -prepared examiners. C. SANE will secure a Medical Director at each location where sexual assault forensic exams are performed (Covenant Hospital and University Medical Center). D. SANE will refer non-acute (occurring >96 hours) sexual assault pediatric cases to the CARE Center. E. SANE will have an average response time to the respective hospital of 45 minutes or less once they have been informed a case number has been issued. F. SANE will notify LRCC (if they have not already been notified) when a sexually assaulted patient arrives at the ER seeking treatment. G. SANE will provide LRCC Advocates and law enforcement the opportunity to establish contact with each victim/survivor. H. SANE will employ victim -centered care and perform the sexual assault forensic exam in a sensitive, dignified manner. I. SANE will get permission forms signed as per protocol and take the victim/survivor and LRCC advocate into the SANE room (if available) to conduct the medical forensic examination. Examinations will be conducted with the SANE (and possibly a SANE trainee), the Advocate (and possible an Advocate trainee) and the victim in the room. All family members and friends will be escorted to a separate waiting area unless specifically asked to stay. Law enforcement will exit the exam room prior to the exam. J. SANE will complete the Texas Department of State Health Service Health Facility Licensing Group information sheet for each sexual assault patient. K. SANE will provide consistency in the examination of sexual assault survivors and in the collection of forensic evidence from the survivors. L. SANE will report pediatric sexual assault survivors to Child Protective Services (CPS) and/or law enforcement, as appropriate. M. SANE will provide sexual assault collection kits at the hospitals. N. SANE will maintain chain of custody for forensic evidence by releasing evidence to the LRCC Advocate for immediate delivery to the Texas Department of Public Safety (DPS) Crime Lab. Q. SANE will encourage all sexual assault victims to have follow-up STI examinations, testing, immunizations and treatment. P. SANE will properly prepare for upcoming legal proceedings. Q. SANE will meet with prosecuting attorneys to review cases as necessary. R. SANE will maintain communication and contact with the Criminal District Attorney's office and give immediate notification of change of address or telephone numbers. S. SANE will provide truthful, accurate, and complete testimony at all court proceedings. T. SANE will provide SANE -related training to law enforcement and other community agencies. U. SANE will attend SART meetings and work cooperatively with SART members with a goal of focusing on what is in the best interest of the victims/survivors and the community. 4 Lubbock County SART 12/2008 Criminal District Attorney A. The CDA will provide guidance to law enforcement during their investigation, evaluate the results of the investigations and prosecute the appropriate cases. B. The CDA will designate staff to attend SART meetings on a regular basis. C. The CDA will share information with other partner agencies involved in the SART meetings so that victims are protected and perpetrators are held accountable. D. The CDA will keep SART informed of the status of cases as they move through the legal system. E. The CDA will respond to inquires from the victims as soon as possible. Kirn S rk, Executive Director Date Lubbock Rape Crisis Center --Carrie Edwards, RN, MSN, CACP SANE Date Assistant Professor of Nursing Program Coordinator, Forensic Nurse Staffing of West Texas ;7'z� / - - Dale Holton, Chief of Police Date City of Lubbock atthew D. Powell, Criminal District Attorney Date Office of Criminal District Attorney, Lubbock County David Gutierrez, Sheriff Date Lubbock County Lubbock County SART 12/2008