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HomeMy WebLinkAbout02-199 Resolution No. 02-199 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Kane County Child Advocacy Center by and through the State' s Attorney' s Office for funding assistance for the investigation of incidents of child abuse and juvenile sexual abuse, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 12 , 2002 Adopted: June 12 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this (5 day of J U N 6 2002, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as"City") and the Kane County Child Advocacy Center by and through the Kane County State's Attorney, (hereinafter referred to as "State's Attorney"). WHEREAS, City is a municipal corporation organized and existing under the authority of the Illinois Municipal Code of 1961, 65 ILCS 5/1-1-1 et seq., and predecessor statutes and having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, State's Attorney and City have each determined it to be in their best interests and the best interests of the citizens of City and Kane County for State's Attorney and City to cooperate in the investigation and prosecution of certain crimes as delineated herein, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The Kane County Child Advocacy Center, a subdivision of the Kane County State's Attorney's Office, shall assign a full-time investigator to investigate all cases arising from within the geographic boundaries of City, who is specifically trained to investigate and assist in the prosecution of cases subject to the Kane County Protocol for Cases of Sexual Abuse and Severe Physical Abuse of Children, (hereinafter referred to as "Protocol") as may be revised from time to time, a copy of which is attached hereto and made a part hereof as Attachment "A". Such investigator shall be exclusively employed, supervised and directed by State's Attorney and/or her assign. State's Attorney will also provide a bi-lingual investigator when circumstances require such language skills. 2. City shall pay to the Office of the State's Attorney the sum of$35,000.00 (Thirty-Five Thousand Dollars). Such payment of$35,000.00 (Thirty-Five Thousand Dollars) shall be payable monthly in twelve (12) equal installments of Two Thousand Nine Hundred Sixteen Dollars and sixty-seven cents($2916.67)with the first payment due and payable on January 1, 2002 and the remaining payments due and payable on the first day of each subsequent month during the term of this Agreement. 3. The term of this Agreement shall terminate on December 31, 2002. 4. This Agreement shall not be construed so as to create a joint venture, partnership, or employment relationship of any kind between the parties hereto. 5. In the event any of the terms or conditions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 6. This Agreement represents the entire Agreement between the parties hereto. No oral representations, promises, terms or Agreements have been made, and any such representations, promises, terms or Agreements shall be of no force and effect. 7. If any of the terms of this Agreement conflict with any of the terms of any other written Agreement between the parties, hereto, the terms of this Agreement shall apply. 8. This Agreement shall be subject to and governed by the laws of the State of Illinois. 9. All notices delivered hereunder shall be in writing and shall be served upon the parties at the following addresses: To States Attorney: Meg Gorecki Kane County State's Attorney 37W777 Rt. 38 St. Charles, IL 60178 To City: William D. Miller, Chief of Police City of Elgin 150 Dexter Court Elgin, Illinois 60120 - 10. This Agreement may be terminated by either party hereto upon 60 days written notice. In the event this Agreement is terminated by City for any reason, City shall not be required to make any further payments but shall be required to make all payments up to and including the date of termination, prorated to such date. Such termination shall be without penalty and shall not be construed so as to entitle either party to damages or other compensation. Upon such termination, State's Attorney shall not be obligated to provide the investigators and services as described in paragraph 1 above. CITY OF ELGIN KANE COUNTY STATE'S ATTORNEY By By City Manager Title Kane County States's Attorney Attest: MA-etm-- City Clerk s: 1 AoIsv Kane County Protocol For Allegations of Sexual Abuse and Severe Physical Abuse of Children I. Statutory Basis and Authority The Child Center Advisory Board shall adopt, by a majority of the members, a written child abuse protocol. The protocol shall be filed with the Illinois Department of Children and Family Services, and a copy shall be furnished to each agency in the county, which has any involvement with cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child sexual abuse or severe physical abuse and in coordinating treatment referrals for the child and his or her family. 55 ILCS 80/3(c)(2000). II. Purpose of Protocol The purpose of the protocol shall be to ensure coordination and cooperation among all agencies involved in child sexual abuse and severe physical abuse cases so as to increase the efficiency and effectiveness of those agencies, to minimize the stress created for the child and his or her family by the investigatory and judicial processes, and to ensure that effective treatment is provided to the child and his or her family. 55ILCS 80/3(d)(2000). III. County-wide Jurisdiction and Case Criteria The Kane County Child Advocacy Center (hereinafter referred to as the"CAC") shall have primary investigative responsibility for all cases of incidents occurring in Kane County as described below: A. All cases of sexual abuse and/or sexual assault to a child under 13 years of age. B. Cases of sexual abuse and/or sexual assault to children under 18 years of age by a family member, caretaker or person in a position of authority. 1. Allegations of sex abuse include, but are not limited to: Sexual penetration, sexual molestation, sexual exploitation and sexually transmitted disease present in underage children C. Cases of sexual abuse and/or assault to children between the ages of 13 and 17 by non-family members where there is 1. A substantial element of force or 2. More than five years age difference between victim and offender. D. All cases of severe physical abuse, excluding homicide, to children under 13 years of age committed by a family member, caretaker or person in a position of authority. Effective January 2002 1. Severe physical abuse will usually include a significant injury that requires emergency room treatment or hospitalization. 2. Allegations of severe physical abuse may include: Brain Damage/Skull Fracture Subdural Hematoma/Hemorrhage Significant Bone Fractures Internal Injuries Third Degree or Intentional Burns Poison/Noxious Substances Gunshot or Stabbing Injury Torture Other injuries on a case-by-case basis In cases of severe physical abuse where the death of the victim child is imminent,the CAC will act in a supporting role to the police agency with jurisdiction. The resources of the CAC will be made available to the department as needed including but not limited to interview of siblings, or other child witnesses, referral to medical expertise and assistance with parent interviews and/or notification. All investigative action shall be coordinated with the police agency having jurisdiction for the death. E. The Director shall have the discretion to accept cases other than those specified herein when, in the judgement of the Director a determination is made that a case should be handled in a victim sensitive manner. F. All other criminal investigations involving child victims or witnesses can be reviewed by the Director and the Chief of the Criminal Division of the State's Attorney's Office to determine whether or not the case should be handled in a victim sensitive manner. When so deemed, CAC personnel shall conduct the necessary child interviews. G. In those instances where a perpetrator has committed offenses in addition to sexual and physical abuse, i.e. abduction, kidnapping, etc., the CAC attorneys will have prosecutorial responsibility for the additional charges as appropriate. H. The primary determining factor in case acceptance by the CAC will be the need for the victim and his or her family to be handled in a child-sensitive manner. N. Team Approach and Process The Kane County Child Advocacy Advisory Board adopted a report on the model approach to be used at the CAC in November 1993. The CAC operates on a multidisciplinary team approach with the team being comprised of the following positions: A. Criminal Investigator: Law enforcement officers hired by the State's Attorney or assigned by an outside agency to participate in the CAC. The Criminal Investigator shall have countywide jurisdiction and will possess all of the authority of Peace Officers set forth in the Illinois Compiled Statutes. The Criminal Investigator will 7 • participate in the forensic interview and will be responsible for collecting all relevant • information and performing all duties necessary to determine the validity of sexual or severe physical abuse allegations regardless of referral source. B. Child Protection Investigator: Illinois Department of Children and Family Services personnel assigned to the CAC who will work in partnership with the Criminal Investigator.The Child Protection Investigator will participate in the forensic interview and will be responsible for collecting all relevant information and performing all duties necessary to determine the validity of sexual or severe physical abuse allegations regardless of referral source. The Child Protection Investigator is also responsible for developing plans to assure the safety of the abused child. C. Case Manager: A victim/witness advocate,hired by the State's Attorney to provide support services to children and families. These services include: crisis intervention, medical and legal advocacy, referral and linkage to counseling and other needed social services and assistance in obtaining Orders of Protection and victim/witness compensation. D. Assistant State's Attorney: Assigned full-time and has offices at the CAC. This • prosecutor will be available to answer legal questions during the investigation of the case. He/she will attend team meetings and be responsible for charging decisions both juvenile and criminal. The Assistant State's Attorney will be responsible for handling all criminal cases from charging through trial and sentencing and any juvenile court cases through disposition. Each multi-disciplinary team will meet on a regularly scheduled basis to discuss the status of each case, thereby facilitating coordination between the agencies. V. Vertical Prosecution The Assistant State's Attorneys assigned to CAC shall handle, through disposition, all court action involving any child whose case is being handled by the CAC. This will include actions that are criminal(the offender is an adult or a juvenile),juvenile (the offender is a juvenile charged with a juvenile delinquency petition), or juvenile abuse/neglect (when necessary for the protection of the child). VI. Procedures for Referral of Cases by DCFS The Department of Children and Family Services Aurora Field Office shall transmit to the Center any report of sexual abuse/assault or severe physical abuse that it receives from the Child Abuse Hotline in Springfield as enumerated in Section III-B and Section III-E (2). Transmittal to the CAC will be confirmed via telephone or pager. DCFS workers assigned to the CAC will rotate weekend and holiday on call duty; the field office will notify the CAC-DCFS workers of after hours or holiday cases by telephone or pager. VII. Procedures for Referral of Cases by Police Departments All police departments or other referring sources shall use the following procedure when they receive a complaint or allegation involving a victim as set forth in Section III,A-G: A. Obtain all information possible for the CAC referral from sources other than the victim. DO NOT INTERVIEW THE CHILD. B. Determine the primary language of any of the involved parties(victim, victim's family and suspect). C. During normal business hours (8:30 am to 4:30 pm): prepare a CAC Referral Form and submit it along with all pertinent reports by fax to 630-208-5159; in family member/caretaker cases you are mandated to call the DCFS Hotline at 1-800-25- ABUSE in addition to your referral to the CAC. D. Outside normal business hours: contact the CAC After Hour's Pager #630-218- 3995. At this time, CAC staff will coordinate a response with the referring agency. In any situation when an officer is uncertain if a case meets CAC protocol guidelines, or believes that a case needs special handling, the CAC may be contacted by phone at 630-208-5160 during daytime hours or through the pager system after hours, for a preliminary review of the facts by the Center Director. After the referring agency has made the initial referral to the CAC, the referring agency shall receive status reports from the CAC regarding the Case. This information shall include any charges or court action that has been taken, whether there has been an airest, court dates, etc. VIII. Victim Interviews Interviews of victims of any of the offenses as set forth in section III. shall, whenever possible, be conducted at the CAC during normal business hours as safety and other case considerations permit. Members of the CAC team assigned to the case shall conduct all interviews of victims using a victim sensitive approach incorporating generally accepted standards of practice. Every effort will be made to conduct the interview jointly. A. CAC staff will receive ongoing training in such areas as investigative techniques, trial preparation and litigation, forensic interviewing, child development and cultural diversity awareness. B. Parents or other caretakers are not permitted to be present or to observe child victim interviews. C. Following each interview, a single report of interview will be prepared. D. It is not the policy of the CAC to audio or videotape interviews. IX. Interviews of Suspects CAC personnel shall, whenever possible, conduct any interview of the suspect in a CAC case. If case circumstances dictate an immediate or alternate response,other law enforcement or DCFS personnel may conduct the suspect interview after consultation and coordination with CAC staff. A. Adult suspects shall NOT be interviewed at the CAC, nor permitted at the CAC for any reason. B. At the Director's discretion, a juvenile suspect may be interviewed at the CAC. However, in no event shall a juvenile suspect be at the CAC when the victim is present. X. Coordination in Investigation and Prosecution The CAC, local law enforcement agencies, and the Department of Children and Family Services Field Office staff will cooperate and coordinate the investigation and prosecution of cases when requested to do so. It is anticipated that assistance will be most needed in the areas of emergency/after-hours response, crime scene processing, evidence collection, arrests of suspects, execution of search warrants and location and transport of witnesses. XI. Physical Examinations An expert medical examination by a physician trained in the area of child abuse and trauma shall be arranged for any victim of abuse alleging either sexual penetration or physical injury. A. In cases of alleged sexual penetration outside a 72-hour window this examination may be instituted at any time subsequent to the initial interview of the victim. B. In cases of alleged sexual penetration in the preceding 72 hour period,the victim shall be examined in the emergency room and rape kit evidence collected C. In cases of severe physical abuse CAC staff shall arrange examinations by specialists in the appropriate diagnostic and treatment areas. XII. Mental Health Counseling Case Managers will refer victims and their families for mental health counseling if appropriate. Victims may also be referred for specialized assessments if appropriate. XIII. Case Review The CAC will hold weekly Team Review Meetings at which CAC personnel will review case activity and make recommendations for protective issues, medical referrals, the treatment and social service needs of the victim and family, as well as, appropriate legal disposition. XIV. Mass Molestation Mass molestation will be defined as any case of sexual abuse to multiple children in a non-family setting, including but not limited to day care centers, baby sitters, institutions, group homes, schools, athletic associations or other volunteer groups, etc, In such mass molestation cases, the Director shall assign one or more investigative teams as the number of children to be interviewed and the situation may warrant. If necessary, the Director shall request assistance from other agencies or jurisdictions. XV. Program Goals The ultimate goals of the Kane County Child Center shall be to: • A. Minimize the trauma to victims of child abuse and their families as they turn to the justice system for protection. B. Provide a coordinated multidisciplinary approach to child abuse investigations and intervention. C. Identify child abusers and hold them accountable to their victims and the community by means of the judicial process. D. Insure victims receive support and advocacy throughout the judicial process. E. Insure that victims and their families receive appropriate treatment and social services to assist them in their healing. F. Assure that all cases involving child sexual abuse and severe physical abuse in Kane County are handled in a consistent and child sensitive manner based on the protection and safety of and respect for,the child and his or her family. XVI. Evaluation of the Protocol The Kane County Protocol for Child Sexual Abuse and Severe Physical Abuse shall be reviewed at least once a year, at which time the implementation and effectiveness of the protocol shall be evaluated. The Child Advocacy Advisory Board shall make any amendments deemed appropriate. A copy of the amended protocol shall be forwarded to the Illinois Child Advocacy Commission for comment. Comments may be considered for further revision if the Advisory Board deems appropriate. The newly amended version of the protocol, if any, shall then be filed with the county's local DCFS office and with the DCFS office in Springfield. In addition, the newly amended protocol may be forwarded to each agency in the county that has any involvement with cases of sexual and severe abuse of children. 6 • XVII. Formal Adoption of the Kane County Protocol November 15, 2001 Revised March 21, 2002 The foregoing protocol for cases of sexual abuse and severe physical abuse of children is hereby approved,passed, and adopted by the Kane County Child Advocacy board this 15th day of November 2001 and revised March 21, 2002. 1/5-u„e_„4' Kane County State's Attorney Kane Cddnty Sheriff's Department ois Dep. 'f Children&Family Services .ne •unty Diagnostic Center Kane C ty Chief's of Police Regional Superintendent of Sc ols V • ti ASA Director A�1 .olice Department `'' ora Police Department C.O.W. MEMO APPROVAL/ROUTING SLIP Name: 4-At Lem Department: Pc9/1( `e- 57g/z Date: FAX#: IS-Z7 Ext.: Z Department Head Approval. Reminders: • Date the memo for the Friday before the COW meeting at which it is to be considered. • Select the Strategic Goal logo and insert it on the front page of the memo. Find in"City Wide Shared" Drive, under"City 2002 Goal Logos" folder. • Type the initials of the Author and Typist at the bottom of the last page. °.4 OF EL Ci oy� p�s City of Elgin Agenda Item No. L May 17, 2002 G TO: Mayor and Members of the City Council N FROM: Olufemi Folarin, Interim City Manager SAFE COMMUNITY SUBJECT: Kane County Child Advocacy Center Purchase Of Services Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a purchase of services agreement with the Kane County Child Advocacy Center. BACKGROUND The Kane County Child Advocacy Center (KCCAC) operates within the Kane County States Attorneys office . Opening in 1994 , the Center was established to investigate incidents of child abuse and sexual abuse of juveniles with a team of professionally trained and experienced members representing prosecution, police, and DCFS. Since the opening of the KCCAC in 1994, the Elgin Police Department has assigned an officer to assist with Elgin cases . In 1999 that officer was withdrawn and returned to service with the Police Department . The Police Department assessed the needs of the City of Elgin and determined continued participation provides a necessary service to the children and families of the community. Based on the case load from Elgin, the KCCAC needs either an officer assigned or funding assistance to conduct investigations. A review by Police Department staff determined that funding assistance from the City of Elgin in the amount of $35, 000 would be more cost effective than assigning an officer at a cost of over $71, 000 for a senior officer with benefits. The funding requested by the KCCAC is $35, 000 for 2002 compared to a full time police officer at top salary of approximately $52, 000 plus benefits. The City participated in 2000 and 2001 with a contribution of $35, 000 . Continuation of this agreement was included as a 2002 budget item. �- oe- Kane County Child Advocacy Center PSA May 17, 2002 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 1XL___— FINANCIAL IMPACT There are sufficient funds available ($104, 345) and budgeted in account number 010-2304-731 .30-99, General Fund, Public Safety, Miscellaneous Professional Services for this expenditure of $35, 000 . \JJI.W\/EGAL IMPACT None. ALTERNATIVES 1 . The City may choose not to provide funding or to assign an existing officer to the KCCAC. eim. RECOMMENDATION It is recommended that the City Council approve entering into the agreement with the KCCAC providing funding for the services. Respectfully submitted, 4- `'''� Olufemi Fo -rin Interim Cit . Ma -•er JJB/jjb attachment r