00-13 Resolution No . 00-13
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 Joyce A. Parker, 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 Kane
County State ' s Attorneys 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/ Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: January 26, 2000
Adopted: January 26, 2000
Omnibus Vote : Yeas 4 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
4 ' A :
AGREEMENT
THIS AGREEMENT is made and entered into this 9 day of
, 2000 , 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 Attorneys Office, (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 through the assignment of an investigator assigned by
State ' s Attorney;
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the sufficiency of which is
hereby acknowledged, the parties hereto hereby agree as
follows :
1 . The Kane County Child Advocacy Center, a subdivision
of the Kane County State ' s Attorneys 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 Kane county State ' s
Attorney and/or his assign.
2 . City shall pay to State ' s Attorney the sum of
$27, 000 (Twenty-Seven Thousand) and shall convey title to
State ' s Attorney to a vehicle bearing VIN 1 B3HD46T3TF144886 ;
namely a Dodge Intrepid (hereinafter referred to as "car" ) .
Such payment of $27 , 000 (Twenty-Seven Thousand Dollars) shall
be made in twelve (12) equal installments on a monthly basis
during the calendar year 2000 , with total compensation of
$27 , 000 plus the Dodge Intrepid to equal an agreed total value
of $35 , 000 .
3 . This agreement shall terminate on December 31 , 2000 .
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 .
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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: David Akemann
Kane County State' s
Attorneys Office
37W777 Rt. 38
St. Charles, IL 60178
To: William D. Mille x Chief of Police
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
10 . This agreement may be terminated by either party
hereto upon 30 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 to State ' s Attorney
as provided herein, and such termination shall be without
penalty or be construed so as to entitle State ' s Attorney to
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a
damages or other compensation. State ' s Attorney shall return
title and possession of car in the event of such termination,
however.
CITY OF ELGIN KANE COUNTY STATE ' S ATTORNEY
By'' ..e..&A (_. 1 , I- 4.---,..--.___ By • API" ,
..... ._____ 4.,,
/ , ity Manager 1,
t Title I I ` •ic
I
Attest :
--6 ---&--12—cue
City Clerk
KANECTY. CAC/RAGREE
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,Aug;24-99 02:03P States Attrny Office CAC 630 208 3245 P_02
AN E COUN P OTOCO]J
FOR CASES OF SEXUAL ABUSE
AND SEVERE PHYS LCAIL ABUSE OF CHILDREN
Adopted December 7, 1995
Amended June, 1998 and Revised October, 1998
I. STATUTORY BASIS AND AUTHORITY
The Child Advocacy Advisory Board shall adopt, by a majority of the members, a written child
sexual abuse protocol. The protocol shall be tiled with the Illinois Department of Children and
Family Services, and a copy shall be furnished to each agency in the county or counties which has
any involvement with the cases of sexually 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 II-CS 80/3(c)(1996). This Kane County protocol also extends those
procedures to cases of severe physical abuse to children.
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 more effective treatment is provided
for the child and his or her family. 55 ILCS 8013(d)(1994).
III. COUNTY-WIDE JURISDICTION/ALLOCATION OF
CASES/CASE TRACKING
The Kane County Child Advocacy Center (hereinafter referred to as "CAC") shalI be responsible
for the investigation and prosecution of all cases described in Section IV below which arise out
of incidents occurring in Kane County. A case tracking system shall be maintained at the CAC
to include information gathered by each participating agency.
Cases shall be assigned to teams based on the following criteria:
A. All cases involving a victim, a victim's family, or a suspect, whose primary language is
Spanish or who has an Hispanic surname will be assigned to a team with Spanish-speaking
capabilities and bi-cultural awareness.
B. All other cases will be assigned based on a geographic delineation as identified by the
Director.
Aug.r24-99 02 :03P States Attrny Office CAC 630 208 3245 P.03
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C. Case assignment delineations as set forth above may be modified by the CAC Director
(hereinafter Director) or CAC Deputy Director (hereinafter Deputy Director) from time
to time to provide for a balancing of team case loads.
IV. TYPES OF CASES
The CAC shall be responsible for the investigation and prosecution of the following types of cases
arising out of incidents occurring in Kane County:
A. All cases of sexual abuse/assault to a child who is under 13 years of age at the time the
abuse is reported to authorities.
B. All cases of severe physical abuse to a child who is under 13 years of age at the time the
abuse is reported to authorities. Severe physical abuse typically requires hospitalization
of the victim. In addition, the Director and DCFS Field Supervisor may agree on a case
by case basis to have the CAC handle other severe physical abuse cases.
C. All cases involving the charges of child abduction to a child under 13 years of age pursuant
to 720 ILCS 5/10-5(b)(10), kidnaping or aggravated kidnaping to a child under 13 years
of age.
D. Cases involving Child pornography(720 ILCS 5/11-20.1), or Exploitation of a child (720
ILCS 5/11-19.2) when the child victim is an identifiable witness.
E. Some cases of sexual abuse/assault, severe physical abuse, child abduction pursuant to 720
ILCS S/10-5(b)(10), kidnaping, or aggravated kidnaping where the victim is 13 through
17 years of age.
1. Cases of sexual abuse/assault, severe physical abuse, child abduction pursuant to
720 ILCS 5/10-5(b)(l0), kidnaping, or aggravated kidnaping to a victim between
13 and 17 years of age will initially be screened by the CAC. Screening may entail
the initial interview being performed by CAC personnel. As soon as possible, the
Director or Deputy Director will review the case to determine whether that case
will be handled through the CAC team approach and process as set forth in this
protocol, or assigned back to the appropriate law enforcement jurisdiction for
completion of the investigation and the provision of a final report to the State's
Attorney's Office Criminal I, Division.
2. The following considerations shall be taken into account in making the above
decision:
a. maturity of victim
b. effect of crime on victim
Aug•-,24-99 02 :04P States Attrny Office CAC 630 208 3245 P.04
c. need for victim and family to be handled in a child-sensitive manner
d. gang involvement, MRAI's
e. relationship of the victim to the alleged offender.
f. DCFS involvement
F. The Director shall have the discretion to accept cases other than those specified herein
when, in the judgment of the Director and the Chief of the Criminal Division of the State's
Attorney's Office that would normally have case responsibility, a determination is made
that a case should be handled in a child sensitive manner.
G. All other criminal investigations involving child victims or witnesses may be reviewed by
the Director and the Chief of the Criminal Division of the State's Attorney's Office that
would normally have case responsibility to determine whether or not the case should be
handled in a child sensitive manner so that CAC personnel, when appropriate, may
conduct the necessary child interviews. CAC personnel may also he requested by the
Director to do interviews of children on cases which are not otherwise being handled by
the CAC.
H. If a perpetrator has committed offenses in addition to sexual and physical abuse, the CAC
will prosecute those additional offenses, if appropriate.
Cases handled by the CAC are dictated by the victim, his or her age at the time the abuse
is reported to authorities and need for the victim and his or her family to be handled in a
child-sensitive manner. The age of the alleged offender is not a factor. CAC cases will
be prosecuted in criminal court if the alleged offender is an adult or in juvenile court as
a delinquency petition if the alleged offender is age appropriate under the Juvenile Court
Act.
V. TEAM APPROACH/PROCESS/TRAINING
A. The Kane County Child Advocacy Advisory Board adopted a report on the model approach
to be used at the CAC in November, 1993.
B. The CAC operates on a team approach with each team being comprised of the following
positions:
1. Assistant State's Attorney: works full-time(or shags a full-time position)on CAC
cases and has offices at the CAC. This prosecutor will be available to answer legal
questions during the investigation of the case. He/she will meet with other
members of the team and make decisions in reference to charging any suspects.
The Assistant State's Attorney will then be responsible for handling all cases from
charging through trial and sentencing and any other court involvement through
disposition.
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Aug--24-99 02 :04P States Attrny Office CAC 630 208 3245 P-05
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2. Investigator: a juvenile officer, detective, or investigator assigned by a law
enforcement agency or appointed by the State's Attorney to participate in the CAC.
The investigator shall have county-wide jurisdiction, and when serving as a Peace
Officer will also possess all of the authority of Peace Officers set forth in Illinois
Compiled Statutes. The investigator will either conduct the initial interview with
the child, or witness such initial interview and write the report, and may perform
any other investigation needed to complete the investigation or for trial preparation.
The investigator will work on all cases assigned to his/her team regardless of the •
referral source.
3. D.C.F.S. Investigator.: has sexual abuse and severe physical abuse cases assigned
to him/her for investigation and will work with the investigator. The DCFS
investigator will either conduct the initial interview with the child, or be a witness
to the same and write the report, and will cooperate in other investigation needs.
The DCFS Investigator will work on all cases assigned to his/her team regardless
of the referral source.
4. Case Manager: a victim/witness advocate who will help the child and the family
from the time they are referred to the CAC. He/she will explain the CAC
processes and procedures, keep the child and family advised as to whether a case
is charged and the status as it proceeds through the court system. The case
manager will accompany the child and family to court. Also, the case manager
will serve as a referral source for the child and family to other agencies or
individuals in the community who may be of service to the child and family for
treatment or other needs based on:
a. the services available in the community;
b. the resources of the victim and family;
c. community and other resources;
d. the need for services for the child and/or family; and
e. the desire for services for the child and family.
C. Each multi-disciplinary team will meet on a regularly scheduled basis to discuss the status
of each case, thereby facilitating coordination between the agencies. -
D. Specialized training will be provided to all members of the multi-disciplinary teams on a
regular or as-available basis.
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Aug-24-99 02:04P States Attrny Office CAC 630 208 3245 P-O6
V.I. VERTICAL PROSECUTION
The Assistant State's Attorney shall handle, through disposition, all court action involving any
child whose case is being handled by the CAC whether that action is criminal (the offender is an
adult), juvenile (the offender is a juvenile charged with a juvenile delinquency petition), or
juvenile abuse/neglect (when necessary for the protection of the child).
VII. PROCEDURE FOR REFERRAL OF CASES TO THE CAC BY DCFS,
POLICE DEPARTMENTS OR OTHER REFERRING SOURCES
A. Whenever the local DCFS field office receives a CANTS report of sexual abuse or severe
physical abuse as set forth in IV, A through E, that CANTS report shall be faxed to the
CAC. The DCFS field office shall confirm proper receipt of the report by phone ( page
if necessary ). All DCFS investigators assigned to the CAC will rotate weekend and
holiday "on call" duty. When a report is received during such times, the appropriate
DCFS investigator shall be notified by phone (paged) by DCFS.
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B. The following is the procedure to be followed by all police departments or other referring
sources when they receive a complaint or allegation involving a victim as set forth in IV.
A through E.:
1. Obtain all information possible for the CAC referral form from sources other than
the victim. DO NOT INTERVIEW THE CHILD.
2. Determine the primary language of any of the involved parties (victim, victim's
family, suspect) and so indicate on the referral form.
3. FAX the completed referral form to the CAC at (630) 208-5159. (This is not a
substitute for a call to the D.C.F.S. Hotline.)
4. Take steps necessary to assure the safety of the child.
5. If appropriate, call the DCFS Hotline at 1-800-25-ABUSE.
6. In cases of emergencies outside business hours, call the CAC/Felony hotline
operator(630)513-7605 and leave the information regarding your CAC emergency
questions. In cases of emergencies during business hours of 8:30 a.m. to 4:30
p.m. Monday through Friday, call the CAC at (630) 208-5160.
C. The CAC will maintain an "on-call" schedule to respond to after-hour and holiday
emergency hotline calls. The "on-call" duties will be staffed by CAC investigators and
CAC Assistant State's Attorneys.
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Aug124-99 02 :05P States Attrny Office CAC 630 208 3245 P_07
D. After the referring agency has made the initial referral to the CAC, the referring agency,
the police department in whose jurisdiction the incident occurred and DCFS, will, if
requested, receive status reports from the CAC regarding the case. This information shall
include any charges or other court action that has been taken, whether there has been an
arrest, court dates, etc..
VIII. INTERVIEWS OF VICTIMS
Interviews of victims of any of the offenses as set forth in IV. A through E shall whenever
possible, occur at the CAC during normal business hours, unless otherwise specifically authorized
by the Director. All interviews of victims shall be performed by members of the CAC teams,
with every effort made to have an investigator and DCFS investigator conduct the interview
jointly.
IX. INTERVIEWS OF SUSPECTS
A. Any interview of any suspect in a CAC case shall be performed by CAC personnel or
other law enforcement or DCFS personnel as requested by the CAC.
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. ASSISTANCE IN INVESTIGATION AND PROSECUTION
A. Other law enforcement and DCFS personnel who are not assigned to the CAC may assist
in a CAC investigation or prosecution, as requested by CAC personnel from time to time.
B. The CAC and Iocal law enforcement agencies will cooperate in the investigation and
prosecution of cases, including, but not limited to, the collection and processing of
evidence in a consistent and uniform manner, arrests of suspects, and location and
transport of witnesses.
XI. PHYSICAL EXAMINATION OF VICTIMS
An expert medical exam by a physician trained in the area of trauma to child sexual assault victims
will, if appropriate, be arranged for any victim who alleges any type of penetration or attempted
penetration. This examination and treatment may be initiated at any time after the victim
interview. However, if there is evidence of a recent sexual assault that rape kit evidence will
expose (generally committed within the previous 72 hours) the victim should be examined in the
emergency room, with an expert medical exam to be arranged thereafter, if appropriate.
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Aug-24-99 02:05P States Attrny Office CAC 630 208 3245 P_oa
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XII. MENTAL HEALTH COUNSELING
A. The Case Manager will provide all victims and their families a list of community resources
for mental health counseling as set forth in section V. B. 4. above.
XIII. JUVENILE PROSECUTIONS
Current procedures for detention, referral to JCS, the filing of Delinquency Petitions and Petitions
to Prosecute Under the Criminal Code in Juvenile Court (for juvenile offenders not subject to
automatic criminal prosecution as adults) shall be followed in conjunction with this protocol.
XIV. MASS-MOLESTATION
A. Definition:
1. any case of sexual abuse to more than one child in a non-family situation including,
but not limited to, baby sitters, day care, scouts, institutions, group homes,
schools, etc.; or
2. any case of sexual abuse to a child where the suspect has access to, or authority
over, multiple children.
B. In such mass molestation cases, the Director shall assign one or more of the teams to such
case, 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. ULTIMATE GOALS
The ultimate goals of the Kane County Child Advocacy Center shall be to:
A. investigate child sexual abuse and severe physical abuse cases in a child sensitive manner;
B. make offenders accountable to the victim and the community by means of the judicial
system when appropriate.
C. assure that the prosecution of child sexual abuse and severe physical abuse cases is carried
out in a child sensitive manner;
D. assure that the opportunity for effective therapeutic treatment is provided to victims and
their families;
E. assure that all cases involving child sexual abuse and severe physical abuse in Kane County
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Aug-'24-99 02 :06P Status Attrny Office CAC 630 208 3245
•
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. DISPUTE RESOLUTION
In the event a disagreement arises among team members that cannot be resolved in the-normal
course of case discussion, the dispute may be directed to the Kane County States Attorney who
will act to facilitate a resolution.
XVII. EVALUATION OF THE PROTOCOL
The Kane County Protocol for Child Sexual Abuse and Severe Physical Abuse of Children shall
be reviewed at least once a year, at which time the implementation and effectiveness of the
protocol shall be evaluated. Any amendments deemed appropriate by the Child Advocacy
Advisory Board shall be made.
A copy of the amended protocol shall be forwarded to the Illinois Child Advocacy
Commission for comment. Comments may he 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 which has any involvement with cases
of sexual and severe physical abuse of children.
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Aug-24-99 02 :07P States Attrny. Office CAC 630 208 3245
XVIII. FORMAL ADOPTION OF THE KANE COUNTY PROTOCOL FOR
CASES OF SEXUAL ABUSE AND SEVERE PHYSICAL ABUSE OF
CHILDREN AS AMENDED, OCTOBER, 1998
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 8th day of October,
1998
Kane County State's Attorney
Kane County Sheriff's Department
Department of Children & Family Services
Kane County Diagnostic Center
(Mental Health)
Kane County Chief of Police
Regional Superintendent of Schools
CASA Director
Elgin Police Chief
Aurora Police Chief
9
l OF
c,- �"4 City of Elgin Agenda Item No.
4'140°'
January 3 , 2000
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Purchase of Service Agreement with the Kane
County Child Advocacy Center
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
eft 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, the Elgin Police Department has
assigned an officer to the center to assist with Elgin cases. In
1999, the officer assigned to the Center retired and accepted a
position with the KCCAC as a civilian investigator. This
retirement presented an opportunity to the City to maintain the
current level of service at the KCCAC through a contractual
arrangement while reassigning an officer to Elgin. The Police
Department assessed the needs of the City of Elgin and determined
continued participation in the Center provides a necessary service
to the children and families of the community. Based on the case
load from Elgin, the Center 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 would be more cost effective than assigning an officer.
elk
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tow PSA with Kane County Child Advocacy Center
January 2, 2000
Page 2
The funding requested by the KCCAC is $35, 000 for 2000 compared to
a full time police officer at top salary of approximately $52, 000
plus benefits . The City of Elgin purchased a 1994 Dodge Intrepid
for use by the officer assigned to the Center. The vehicle is
found to be more suitable for the KCCAC operations and could be
used to offset payments by $8, 000, for a net cost in 2000 of
$27, 000 . The KCCAC has agreed to pursue grant funding for future
years . If grant funds are obtained, this could result in reduced
or eliminated funding requests from their agency.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
DTA../f
INANCIAL IMPACT
There have been sufficient funds budgeted 'in the 2000 budget under
account number 010-2304-731 .30-99 for this expenditure of $27, 000 .
WIlki/ LEGAL IMPACT
An intergovernmental agreement is required and has been prepared.
ALTERNATIVES
The City may choose not to provide funding or to assign an existing
officer to the KCCAC.
RECOMMENDATION
It is recommended the Mayor and members of the City Council approve
entering into the agreement with the KCCAC providing funding for
the services .
Res.ectfully submitt d,& .
1 lie J• 'ce /. Parker
City Manager
eik