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HomeMy WebLinkAboutSeminole County Department of Juvenile Justice " .. :01;: ; . INTERAGENCY AGREEMENT This agreement made and effective on the date signed by a majority of the parties signatures, by and between Department of Juvenile Justice, District VII; Hon. Gene R. Stephenson, as Judge Presiding, Juvenile Division, Circuit Court, Seminole County, Florida; Dr, Paul J. Hagerty as Superintendent of Public Schools for Seminole County, Florida; Donald F, Eslinger, as Sheriff of Seminole County, Florida; Norman R. Wolfinger, Esq., State Attorney, Eighteenth Judicial Circuit; City of Lake Mary, Florida; City of Casselberry, Florida; City of Longwood, Florida; City of Altamonte Springs, Florida; City of Winter Springs, Florida; City of Sanford, Florida; and City of Oviedo, Florida. WITNESSETH: WHEREAS, all parties are committed to providing' appropriate programs and services to prevent children from becoming at risk and to intervene with children already involved in the " juvenile justice system; and , WHEREAS, the parties to this agreement desire a maximum degree of long range cooperation and administrative planning in order to provide for the safety and security of the community and its children; and WHEREAS, all parties are 'committed to improving services to children in the juvenile f~ justice system through sharing information, eliminating duplication of services and coordinating efforts; and WHEREAS, all parties mutually agree that sharing resources, where feasible, and in pa~icular, training efforts, may result in improved coordination; and WHEREAS, it is the understanding by all parties that certain roles in serving children and youth are required by law, and that these laws shall serve as the foundation for defining the role and responsibility of each participating agency; and , WHEREAS, all parties mutually agree that all obligations stated or implied in, this agreement shall be interpreted in light of, and consistent with, governing state and federariaws; , NOW THEREFORE, in consideration of the following agreements, the parties do hereby covenant and agree to the following: I. EACH OF TJ-fE PARTIES AGREE TO: 1. Promote a coordinated effort among agencies and staff to ac.hieve maximum public safety with the goal of reducing juvenile crime. 2, Participate in interagency planning meetings, as appropriate. 3. Assign staff, as appropriate, to participate in a consolidated case management system, re-entry into school of children returning, from detention or commitment program, and other information-sharing activities to assess and develop plans for at risk youth and those involved in the juvenile justice system. . . (. 4. Participate in the planning and implementation of a juvenile assessment, receiving and truancy center to the extent feasible for each party. 5. Jointly plan, and/or provide information and access to, training opportunities, when feasible. , . 6, Develop internal policies. and cooperative procedures, as needed, to implement 1, .. It. ;' i' I' l this agreement to the maximum extent possible. I; , 7. Comply with S 39.045, S 228.093, S 943.0525, S 943.054, S 119.041, F.S,; 20U.S,C, S 1232g; 45 CFR part 205.50 and 42, CFR, Chapter 1, and other applicable rules and procedures which relate to records use, security, dissemination, and retention/destruction. Maintain confidentiality of information that is not otherwise exempt from S1 19.07(1), F.S., as provided by law. II. DEPARTMENT OF JUVENILE'JUSTICE, DISTRICT VII AGREES TO: 1. Notify the Sheriff of Seminole County, Florida, the appropriate Chief of Police and Superintendent of Public Schools for Seminole County, Florida, or their designees, immediately upon learning of the move or other relocation of a juvenile offender into, out of, or within Seminole County, who has been adjudicated or had adjudication withheld for a violent misdemeanor or violent felony, (S39.0585(2)(b), F.S.) 2. Share dispositional, placement and case management information with the signatory agencies, including, but not necessarily limited to all law enforcement agencies , named herein and the School District for Seminole County, Florida through its Superintendent or designee for purposes of assessment, placement and enhanced supervisi~:>n' of juveniles referred to the Department of Juvenile Justice. (S39.045(5), F.S.) 3, Provide notice to the Superintendent of Schools, or his designee, upon the initiation of planning efforts with private nonprofit entities or governmental entities, including the Department of Juvenile Justice, which could result in the location, relocation or expansion of youth services programs and which may impact the school district. 4. Provide technical assistance and resource personnel as necessary to assist the signatory agencies in the implementation .of this agreement. 5. Serve as a member of the Seminole County Juvenile Justice Council. (S39.025(5), F.S.) III. CIRCUIT COURT, EIGHTEENTH JUDICIAL CIRCUIT, SEMINOLE COUNTY, FLORIDA AGREES TO: 1. ..."Notify the Superintendent of Public Schools for Seminole County, Florida or designee, of the name and ,address of any student found to have committed a delinquent ad or who has had adjudication of a delinquent act withheld which, if committed by an adult, would be Page 2 Interagency Agreement . , who has had adjudication of a delinquent act withheld which; if committed by an adult, would be a felony, or the name and address of any student found guilty of a felony. Notification shall be within two working days of the entry of the dispositional order and shall include the specific delinquent act found to have been committed or for which adjudication was withheld, or the specific felony for which the student was found guilty." \ I' I \ l' i I. ~ I" , . I J I J . . '. . I . I -.- 2. Notify the Superintendent, of'- PUQlit I~Schools for Seminole County, Florida or { . ,,' . , designee of sanctions imposed on any student who is in violation of a court order requiring regular school attendance. 3. Upon request by the Superintendent of Public Schools for Seminole County, Florida provide dispositional information regarding juveniles who are students in the Public Schools of Seminole County, Florida for the purpose of assisting the School District of Seminole County, Florida in the assessment, placement or security of persons and property. 4~ At such time as a petition for dependency of a child in need of services is filed with the court, the judge to whom' the case is assigned shall issue an order pursuant to 9228.093(3)( d) 1 O,a. authorizing the State Attorney, the Department of Juvenile Justice, and any signatory law enforcement agency, through it's designated representative and any judge presiding over any proceedings before the court to access the child's student records, including academic history, grades, cumulative records, discipline records, exceptional student education records, attendance records, and enrollment records. Provided, however, that notice of any such order shall be given to the child's parent(s) or guardians as provided by 922R093(3)(d)10.a: Further provided .that any such information shall be maintained in confidence as required by 939.045(5) and 9945.0525, F.S. 5. Serve as member of the Seminole County Juvenile Justice Council. IV. SEMINOLE COUNTY SCHOOL SUPERINTENDENT AGREES TO: 1. Notify the principal of a student's school, not later than one working day following the receipt of notice, of a student's arrest, .either as a juvenile or as an adult, for crimes of violence or violations of law which would be a felony if committed by an adult; upon receipt of such information from any law enforcement agency. The principal or designee shall provide such information to student services personnel, school resource officers,the student assistance coordinator if applicable, and the student's immediate teachers not later than one working day following the principal's receipt of notice. (39.045(11), F.S.; 939.037(I)(b), F.S.; Rule 6AER94-3, FAG) , 2. Designate the conta~t person to be responsible for receiving information concerning student arrests, either as a juvenile or an adult, and for communicating such information to school principals and other appropriate school district personnel. 3. Utilize juvenile criminal history information only for the purposes of student assessment, placement or security of persons and property. This provision, however, shall not Page 3 Interagency Agreement , , : , . limit the use of such information in conjunction with proceedings to suspend and or expel a student pursuant to S 232.26, Fla. ,Stat. (939.045(5), F,S.) 4. Identify those persons designated by the Superintendent as authorized to receive confidential criminal history information and inform law enforcement representatives of the names of those individuals. 5. Require that information obtained through the criminal history database and disseminated to appropriate school personnel, carries an appropriate warning, regarding the reliability, confidentiality and control of further dissemination. Appropriate internal written policies will be adopted. (See #8 under "Each Party Agrees to:") 6. ~hare information on student (ichievement, behavioral and attendance history on juvenile offenders or juveniles at risk of becoming offenders for the purpose of assessment and treatment with parties to this agreement, as permitted by S 228.093(3)(d)12, with the signatories hereto upon request. 7. Assign staff and provide youth services educational programs, where jointly , determined by the Superintendent of Schools, or designee, and the Department of Juvenile Justice, District VII to be appropriate. 8. Notify the law enforcement agency having jurisdiction, through a school's school resource officer or directly in the event a school does not have a school resource officer, when an adult or a student commits any of the following offenses on school district property, on school sponsored transportation, or at school sponsored activities: homicide; sexual battery; armed robbery; aggravated battery; battery on a teacher or other school personnel; kidnapping or abduction; arson; possession, use or sale of any firearm; or possession, use, or sale of any explosive device; as specified in State Board of Education Rule 6A-1.0404. Additionally, if the offense involves a victim, school officials shall notify the victim and the victim's parents or legal guardian if the victim is a minor, of the offense and of the victim's right to press charges against the offender. School personnel shall cooperate in any investigation or other proceedings leading to the victim's exercise of rights as provided by law. 9. Notify the law enforcement agency having jurisdiction, through a school's school resource officer or directly in the event a school does not have a school resource officer, when an adult or a student commits an offense, though hot listed above, the nature of which is slIch as to compromise school or community ,safety, These offenses include sale, use or possession of a controlled substance, and grand theft. 10. Enter into agreements for contracted youth services educational programs with private nonprofit providers or state or local governmental agencies contracted through the Department of Juvenile Justice, District VII, when determined feasible by the Superintendent of Public Schools for Seminole County, Florida. 11. Designate a member of the School Board, a School District Administrator and a teacher representative to serve on the Seminole County Juvenile Justice Council. Page 4 Interagency Agreement ~ , . V. THE SHERIFF OF SEMINOLE COUNTY, FLORIDA AGREES TO: 1. Provide notification of juveniles who reside within Seminole County, Florida who are otherwise enrolled in the Public Schools of Seminole County, Florida who are arrested for crimes of violence or violations of law which would be a felony if committed by an adult to the Superintendent of Public Schools for Seminole County, Florida within one working day following the day of arrest. 2. Provide Florida summary criminal history information to the Superintendent of Public Schools of Seminole County, Florida or his designee, upon request, regarding juveniles or adults who are students enrolled in or about to be enrolled in the Public Schools of Seminole County to be used by the School District of Seminole County, Florida for the assessment, placement or security of persons or property. Establish a defined procedure for receiving and processing such requests. 3. Require that information disseminated carries an appropriate warning, regarding the reliability, confidentiality and control of further dissemination. (F.D,L.E. CJIS/User Agreement) 4. Provide technical assistance, educational support services and resource officersas appropriate. 5. Develop procedures that will provide for the timely notification of Seminole County Public School principals of incidents or ,arrests involving students or group(s) of student(s) where there is a possibility of on-going violence, victimization, or school disruption. 6. Notify the Superintendent of Schools' or his designee within two working days of the date of arrest of the name and address of any employee of the school district who is arrested for a felony or a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. Notification to the Superintendent shall include the specific charge for which the employee was arrested, 7. Serve as a member of the Seminole County Juvenile Justice Council. VI. THE RESPECTIVE CHIEFS OF POLICE OF THE CITIES OF SANFORD, FLORIDA; LAKE MARY, FLORIDA; WINTER SPRINGS, FLORIDA; LONGWOOD, FLORIDA; CASSELBERRY, FLORIDA; ALTAMONTE SPRINGS, FLORIDA; AND OVIEDO, FLORIDA AGREE TO: 1. Provide notification of juveniles who reside within Seminole County, Florida who are otherwise enrolled in the Public School~ of Seminole County, Florida who are arrested for. crimes of violence or violations of law which would be a felony if committed by an adult to the Superintendent of Public Schools for Seminole County, Florida within one working day following the day of arrest. Page 5 Interagency Agreement .'. I 2. Provide Florida summary criminal history information to the Superintendent of Public Schools of Seminole County, Florida, or his designee, upon request, regarding juveniles or adults who are students enrolled in or about to be enrolled in the Public Schools of Seminole County to be used by the School District of Seminole County, Florida for the assessment, placement or security of persons or property, Establish a defined procedure for receiving and processing such requests. 3. Require that information disseminated carries an appropriate warning regarding the reliability, confidentiality and control of further dissemination. (F.D.L.E. CJIS/User Agreement) 4. Provide technical assistance, educational support services and resource officers as appropriate. 5. Develop procedures that will provide for the timely notification of Seminole County Public School principals of incidents or arrests involving students or group(s) of student(s) where there is a possibility of on-going violence, victimization, or school disruption. 6, Notify the Superintendent of Schools or his designee within two working days of the date of arrest of the name and address of any employee of the school district who is arrested for a, felony or a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. Notification to the Superintendent shall include the specific charge for which the employee was arrested. 7. Immediately provide notification to the Superintendent of Schools, or his designee, of juveniles within the Seminole County educational jurisdiction arrested for crimes of violence or violations of law which would be a, felony if committed by an adult. 8, Serve as a member of the Seminole County Juvenile Justice Council. VII. ' STATE ATTORNEY OF THE EIGHTEENTH JUDICIAL CIRCUIT AGREES TO: 1 . Notify the Superintendent of Schools or his designee, on a weekly basis, of all students who have been formally charged with a felony, or a delinquent act which would be a felony if committed by an adult. 2. Provide copies to the school superintendent or his designee of all petitions and Informations, or No File decisions, for violent misdemeanors and felonies or delinquent acts which would be a felony if committed by an adult, as filed on anyone under 18 years of age or older who is a student registered in a Seminole County public school. 3. Serve on the Seminole County Juvenile Justice Council. ADMINISTRA TIVE VIII. TERM OF AGREEMENT Page 6' Interagency Agreement . . . . ~ , . This agreement shall be in effect as of the date the agreement is signed by the majority of the parties and shall continue in effect through June 3D, 1996, unless otherwise modified. This agreement shall automatically renew for successive terms, of twelve months from July I of each year. Any signatory to this agreement may opt out of this agreement by giving thirty (30) days notice in writing to all other signatories setting forth the reason for that agency's intention to opt out. Any party desiring to review this agreement for update, amendment, etc. may do so at any time. Any recommendations for amendment shall be submitted to all signatories for review, comment and approval. Upon, approval by a majority of signatories any proposed amendment shall become a provision of this agreement. All parties are bound to this agreement upon signing. IX AGENCY REPRESENTATIVES: (This section specifies, by position, persons who have primary responsibility for implementing and monitoring the effectiveness of this agreement). DEPARTMENT OF JUVENILE JUSTICE SHERIFF OF SEMINOLE COUNTY, FLORIDA Richard Bedson, District Administrator Steve Harriett, Director SCHOOL BOARD OF SEMINOLE COUNTY; CITY OF CASSELBERRY, FLORIDA FLORIDA POLICE DEPARTMENT Wolfgang Halbig, District Security Officer Durbin Gatch, Chief STATE ATTORNEY, NORMAN R. WOLFINGER, CITY OF LONGWOOD, FLORIDA SEMINOLE COUNTY, FLORIDA POLICE DEPARTMENT Laura Bosco, Assistant State Attorney Greg Manning, Chief CIRCUIT COURT, SEMINOLE COUNTY CITY OF AL TAMONTE SPRINGS, FLORIDA FLORIDA POLICE DEPARTMENT Hon. Gene R.Stephenson Wiliam Liquori, Chief CITY OF SANFORD, FLORIDA CITY OF WINTER SPRINGS, FLORIDA POLICE DEPARTMENT POLICE DEPARTMENT Ralph Russell, Chief Charles Sexton, Chief CITY OF LAKE MARY, FLORIDA CITY OF OVIEDO, FLORIDA POLICE DEPARTMENT POLICE DEPARTMENT Richard Beary, Chief Dennis Peterson, Chief The above referenced persons will develop procedures for ongoing meetings and will, at least annually review the agreement and if necessary, recommend any changes. X. MODIFICA TION OF AGREEMENT: Modification of this agreement maybe' made upon agreement of a majority of the Page 7 Interagency Agreement - .' r " . , parties. Such shall be made with the same formalities as were, followed with regard to the approval and execution of this agreement and shall include a written document setting forth the modifications, signed by all parties. XI. OTHER INTERAGENCY AGREEMENTS: All parties to this agreement acknowledge that this agreement does not preclude or preempt each of the agencies from individually entering into an agreement with one or more parties to this agreement or other parties outside of this agreement. Such agreements shall not nullify the force and effect of this agreement. This agreement does not' remove any other 'obligations imposed by law to share information with other agencies. SIGNA TURES OF PARTIES TO THIS AGREEMENT: DEPARTMENT OF JUVENILE JUSTICE STA T~zeY' ~8:H ,IUD~CIAL CIRCUIT By: /1- . /,,3 -- By ?!~. f LA1Zr- , Dated: 9"-.z? - i~r- Dated: 1Hjq)" f ! / SCHOOL BOARD OF SEMINOLE CIRCUIT COURT, SEMINOLE-COUN COUNTY, FLORIDA FLORIDA By: By: Dated: CI~E MARY, FLORIDA By:' <"~ By: Apprci.J<."C. hy,' C,~mriljSSIC() 5-Lj-QS Dated: . 11-/2 -'-15 Dated: CITY OF OVIEDO, FLORIDA CITY OF CASSELBERRY, FLORIDA ~'l .'. -'L"~ By:--.LU /) t /{ 11-01 {., / I ' t( j , By: Dated: // - 2D - q.!J- Dated: CITY OF LONGWOOD, FLORIDA CITY OF AL TAMONTE SPRINGS, FLORIDA By: By: Dated: Dated: CITY OF WINTER SPRINGS, FLORIDA CITY OF SANFORD, FLORIDA /, ;;.1l ,/ ,. , !'. ,1-1 .,.;' /'. &-1 /'~' /~ By: /, /",€,"j/7,f'"?,:~iL. By: ,//" 'j] /CiJ'I'f1165,C,v n-)7-'y'':; Dated: 1/ ... J 7 - 9 S-''"" Dated: Page 8 , Interagency Agreement . . 1" BJK:31 :\9JuvJu5.agr:8/29/95 Page 9 Interagency Agreement . . . > , ROUTING LIST 1, John Litton City of Lake Mary Post Office Box 950700 Lake Mary, FL 32795-0700 2. V. Eugene Williford City of Oviedo 4"00 Alexandria Blvd. Oviedo, FL 32765 3. Jack Schluckebier City of Casselberry 95 Triplet Lake Drive Casselberry, FL 32707-3399 4. W. Shelton Smith City of Longwood 175 W. Warren Avenue Longwood, FL 32750 5. Phillip D. Penland City of Altamonte Springs 225 Newburyport Avenue Altamonte Springs, FL 32701 6. John Govoruhk City of Winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 7. Bill Simmons City of Sanford Post Office Box 1788 Sanford, FL 32772-1-788 8, Ned N. Julian, Jr., Esq. Seminole County Public Schools Post Office Box 1538 Sanford, FL 32772-1538 BJK:32:\citymgr