HomeMy WebLinkAbout16-66 ,
Resolution No. 16-66
RESOLUTION
RATIFYING THE EXECUTION OF A 2016 AGREEMENT WITH THE
KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it
hereby ratifies and approves the execution of a 2016 Agreement by Sean R. Stegall, City Manager,
and Kimberly A. Dewis, City Clerk,with the Kane County Child Advocacy Center by and through
the Kane County State's Attorney for funding assistance for the investigation of incidents of child
physical abuse and child sexual abuse,a copy of which is attached hereto and made a part hereof by
reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 27, 2016
Adopted: April 27, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Office of the Kane County State's Attorney
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Kane County judicial Center JOSEPH H. McMAHON General Offices:
37W777 Route 38,Suite 300 State's Attorney (630) 232-3500
St. Charles,Illinois 60175 Fax: (630) 232-6508
2016 AGREEMENT
THIS AGREEMENT is made and entered into this A 7 day of y ,
20 II 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,
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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 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
www.co.kane.il.us/sao
for Cases of Sexual 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 his 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,
2016 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, 2016.
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: Joseph H. McMahon
Kane County State's Attorney
37W777 Rt. 38
St. Charles, IL 60175
To City: Jeffrey Swoboda, 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 OFE9GIN KANE CO I T STA VS ATTORNEY
By i'�*'i • By ,+
Title: City Manager Ti Kane County State's Attorney
Attest:
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Title: City Clerk
Revised January 2016 ATTACHMENT A
1. Kane County Protocol
For Allegations of Sexual 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,Children's Advocacy Centers of Illinois,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 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 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).This protocol ensures that all agencies clearly commit to the
multi-disciplinary team approach of the Child Advocacy Center.
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. SEXUAL ABUSE
a. All cases of sexual abuse and/or sexual assault to a child under 13 years of age where
the accused is age ten or over.
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 where the accused is
age ten or over.
1. Allegations of sex abuse include,but are not limited to: Sexual
penetration, sexual molestation,and sexually transmitted disease
present in underage children concurrent with lab confirmation or
disclosure
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
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ATTACHMENT A
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Revised January 2016
2. More than five(5)years age difference between victim and offender
AND the accused is age ten or over.
Cases involving alleged consensual sexual acts between participants less than ten years apart in
age will be investigated by the police agency with jurisdiction. However,all cases involving the
suspect as a family member, caretaker or persons in position of trust or authority shall be referred
to the CAC.
d. Children under the age of 10 who have been accused of engaging in sexual acts will
not be accepted for criminal investigation by the Child Advocacy Center. it is not the
policy of the CAC to accept the investigations of these children as perpetrators. The
CAC will,upon request by the referring jurisdiction,screen these children for adult
involvement and make service referrals as appropriate.
e. The Director shall have the discretion to accept cases other than those specified
herein when,in the judgment of the Director,a determination is made that a forensic
interview would be appropriate and should be conducted.
f. All other criminal investigations involving child victims or witnesses can be reviewed
by the Director and/or the First Assistant of the State's Attorney's
Office to determine whether or not the case requires a forensic interview be conducted.
When so deemed,CAC personnel shall conduct the necessary child forensic
interviews.
g. In those instances where a perpetrator has committed offenses in addition to sexual
and physical abuse,i.e.abduction,kidnapping,etc.,the Assistant State's Attorney's
assigned to prosecute CAC cases will have prosecutorial responsibility for the
additional charges as appropriate.
B.PHYSICAL ABUSE
a. The local law enforcement department shall have exclusive jurisdiction to investigate
cases of severe physical abuse to children in Kane County. The CAC may offer any
assistance requested by local law enforcement jurisdictions to assist in these severe
physical abuse cases of children. The CAC may assist in these cases by conducting
forensic interviews of children in their capacity as either a victim or witness in these
cases if requested by the local law enforcement or DCFS agencies. In cases of severe
physical abuse to children that the CAC assists in the investigation,the CAC shall
also assist in coordinating any treatment referrals to the victim and non-offending
family members.
IV. Team Approach and Process
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Revised January 2016
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 response 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
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-
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 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 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.
E. Medical providers: Specialized medical examinations are provided through approved
medical facilities, participating medical staff at Edward's Hospital or CAC approved
sites,and medical staff from the MERIT program from University of Illinois. Medical
personnel are responsible for completing the specialized examination including
photographic documentation. All medical records remain the property of the medical
facility.The treating physician or treating medical provider shall prepare a report of
the examination which will be provided to the CAC.
F. Mental health providers are responsible for providing services to victims as needed
and as detailed in the CAC Counseling Program and to be available to answer team
questions in any areas of concern to the investigative/prosecutorial team.They will
also be available to provide pre-testimonial clinical support for trial.
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Revised January 2016
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 assisting with juvenile abuse/neglect.
VI. Procedures for Referral of Cases by DCFS
The Department of Children and Family Services shall transmit to the Center any report of
sexual abuse/assault 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 Field office personnel and CAC assigned personnel will rotate the after-hours on-
call. Field office staff shall receive CAC protocol,along with afterrhours contact information.
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 or email
kanecac @co.kane.il.us;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 though the pager system after hours, for a preliminary review of the facts by
the Center Director.
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Revised January 2016
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 child forensic interview approach incorporating generally accepted standards of practice.
A. CAC staff will receive ongoing training in such areas as investigative techniques,
forensic interviewing,child development and cultural diversity awareness.Assistant
State's Attorney's assigned to the CAC will also receive specialized training in the
areas of trial preparation,and litigation regarding child abuse prosecution.
B. Parents or other caretakers are not permitted to be present or to observe child victim
interviews.
C. All victim interviews conducted at the CAC will be digitally recorded in accordance
with the CAC Forensic Interview Policy revised and adopted 01/13/09(attached
hereto for reference)copy maintained and DVD kept in master file.
D. Following each interview,a single report of the interview will be prepared.
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. Suspects may be interviewed in the CAC Annex building on the first floor in
the room designated for that purpose.
B. Adult suspects shall NOT be interviewed at the CAC,nor permitted at the CAC for
any reason.
C. 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.
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Revised January 2016
Xl. Physical Examinations
An expert medical examination by a physician or other medical personnel trained in the area of
child abuse and trauma shall be arranged for any victim of abuse alleging sexual penetration.
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 sexual assault kit evidence collected.
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.These
meetings will be held every Tuesday at 2pm at the CAC.
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 goals of the Kane County Child Center shall be to:
A. Minimize the trauma to victims of child abuse and their families as they tum 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.
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Revised January 2016
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 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 shall be reviewed annually,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 Children's Advocacy Centers of
Illinois(CACI)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 physical abuse of children.
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Revised January 2016
XVII. Formal Adoption of the Kane County Protocol
The foregoing protocol for cases of sexual abuse is hereby approved,passed,and adopted by the
Kane County Child Advocacy Advisory Board this January 19,2016.
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Revised January 2016
Elgin Police De•:
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Presence Mercy Medical Center
Director of Kane County Child Advocacy Center
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