Larimer County Memoradum of Understanding

Memorandum of Understanding

Author: Larimer County

This memorandum of understanding, made this 1st day of April 2003 by and between the Larimer County Department of Human Services, 2555 Midpoint Drive, Suite E, Fort Collins, Colorado 80525, hereinafter referred to as LCDHS, and Larimer County Drug Task Force, 300 Laporte, Fort Collins, CO 80521, hereinafter referred to as LCDTF and in accordance with MOU requirements developed by the Colorado Department of Human Services and Colorado Department of Public Safety, Division of Criminal Justice, effective 23rd day of May 2002.

Whereas, the parties are authorized under federal statutory authority Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. &, 3701, et, seq., as amended, under the program name “FY 2002 Byrne Formula Grant Program;” and,

Whereas, the intent of the “FY 2002 Byrne Formula Grant Program” is to provide federal financial assistance to state and local law enforcement agencies in Colorado to foster collaborative efforts in support of national drug-control priorities to control violent, drug related crimes and offenders; and,

Whereas, Bureau of Justice Assistance Byrne Grant Award #2002-DB-BX-0008 contains special conditions and requirements of DCJ concerning subgrantee law enforcement activities related to the identification, seizure or closure of clandestine methamphetamine laboratories and the treatment of any minors involved therein; and,

Whereas, in fulfillment of the special conditions and requirements associated with Bureau of Justice Assistance Grant Award #2002-DB-BX-0008, and described in the award as “Mitigation of Health, Safety and Environment Risks,” LCDHS and LCDTF hereby agree to the following:

(1) Purpose of the Agreement – The agreement is a collaborative effort between the two agencies to assist in the identification, investigation and the removal of Drug Endangered Children from hazardous drugs usage and manufacturing locations found within the Larimer County Law Enforcement jurisdictions. Jurisdictions include Fort Collins Police Services, Colorado State University Police, Larimer County Sheriff Department and Loveland Police Department, excluding the cities of Estes Park and Berthoud. Each of the parties agree to make available to each other specialized trained investigators, equipment, resources and information needed for these situations.

(2) Duration of the Agreement – This MOU is effective when signed for the period beginning January 31, 2003 and expiring on June 30, 2004.

(3) Notification requirement – All Colorado law enforcement agencies awarded a Byrne subgrant by DCJ will be required to report the discovery of any minors at methamphetamine laboratory site, to the Larimer County Department of Human Services as appropriate under the following Colorado state statutes and any others as may be relevant:

a.	C.R.S. & 19-3-401 (1)(a) “Taking Children into Custody.” A child may be taken into temporary custody by a law enforcement officer without order of the court: When the child is abandoned, lost or seriously endangered in such child’s surroundings or seriously endangers others and immediate removal appears to be necessary for such child’s protection or the protection of others;….and,
b.	C.R.S. & 19-3-102 (1) (c) “Neglected or Dependent Child”: A child is neglected or dependent if …. The child’s environment is injurious to his or her welfare....

Law Enforcement reports to LCDHS concerning minors located in a methamphetamine laboratory site shall be made promptly and in a manner to ensure immediate response by qualified LCDHS personnel.

(4) LCDHS will provide the usual and customary services of its child protection services to peace officers handling minors involved in the seizure or closure of methamphetamine laboratories; including but not limited to:

a.	Response to the potential health needs of any minor at the site;
b.	Taking the minor into protective custody unless the minor is criminally involved in the methamphetamine lab activities or is subject to arrest for other criminal violations;
c.	Ensuring immediate medical testing for methamphetamine toxicity; and,
d.	Arranging for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity or chemical exposure.

(5) LCDTF and LCDHS will conduct joint investigations in accordance to the mutually agreed upon terms listed in Appendix A, “ Protocol for investigating Child Protection Referrals involving the operation of, “Clandestine Labs.”

In Witness whereof, the parties have caused this agreement to be executed by the parties’ duly authorized representatives as set forth below.

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Ginny Riley, Director of Department of Human Services Date

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Angela Mead, MSW- Deputy Division Manager, Department of Human Services Date

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Chief Dennis Harrison, Fort Collins Police Services Date

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Lt. Craig Dodd, Larimer County Drug Task Force Date