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HomeMy WebLinkAboutIowa Department of Human Services-5/10/2010CHILD PROTECTION CENTER AGREEMENT This Child Protection Center Agreement ("Agreement") is effective the 3rd day of May 2010 by and between the Iowa Department of Human Services ("DHS") and Allen Memorial Hospital of Waterloo. Allen Memorial Hospital has established the Child Protection Center located at 3316 Cedar Heights Dr., Cedar Falls, Iowa to assist DHS in carrying out its responsibilities under Chapter 232 and Chapter 235A of the Iowa Code and Iowa Administrative Code 441--175.331 to investigate, assess and treat child abuse cases. DHS desires to secure the Allen Memorial Hospital's assistance as set forth in this agreement. Child is defined as any person under the age of 18 (eighteen). In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. ALLEN MEMORIAL HOSPITAL'S DUTIES: 1.01 Child Protection Center. Allen Memorial Hospital shall provide a program, to be known as the "Allen Child Protection Center" ("ACPC"), to provide assistance to DHS Child Protective Services assessment workers and local law enforcement officials who are conducting investigations of serious cases of child abuse such as those involving sexual abuse, serious physical abuse, and substance abuse. In particular, Allen Memorial Hospital shall conduct interviews with suspected child abuse victims, refer all necessary medical examinations of such victims to St. Luke's Hospital, provide written documentation of all findings within ten (10) workings days of the interview and/or examination, and make its employees available for the purpose of providing expert testimony upon request regarding said findings in the appropriate court of law. The intent of this program is to provide for a cooperative team approach to responding to child abuse, to reduce the number of interviews required of a victim of child abuse, to establish an approach to emphasize the best interest of the child and to provide investigation, assessment, and rehabilitative services. Notwithstanding the foregoing, however, Allen Memorial Hospital and DHS acknowledge and agree that the primary responsibility for completion of child abuse assessments, final investigative conclusions and final child abuse assessment reports rests with DHS. Alien Memorial Hospital's function is to assist DHS in discharging that responsibility. 1.02 Board: Allen Memorial Hospital shall establish an advisory board ("Board") of not Tess than six (6) or more than twenty (20) members to provide guidance concerning the philosophy and operation of the ACPC. Problem areas not addressed in either the written protocol or this Agreement will be brought before the Board for resolution. The Board shall include at least one (1) representative from DHS, who shall specifically serve on the personnel subcommittee of the Board and shall advise the Board and subcommittee regarding the skills and personal qualities desirable for CPC personnel. The final decision regarding the selection and retention of all ACPC personnel shall, however, belong solely to Allen Memorial Hospital. 1.03 Facilities: Allen Memorial Hospital shall provide suitable facilities, equipment, and supplies, including, but not limited to a two (2) -room interview/observation suite, concealed camera and colposcope, necessary to perform the aforementioned interviews and examinations. 1.04 Personnel: Allen Memorial Hospital shall provide a program coordinator ("Coordinator") who, along with the consultant provided for in Section 2.05 below, shall be responsible for implementing, coordinating, and administering the activities of the ACPC. In addition, Allen Memorial Hospital shall provide a psychosocial assessment interviewer ("interviewer") who will possess a masters in social work degree, or related field, and expertise in interviewing techniques of victims of abuse, knowledge of DHS Protective services assessment policies and procedures, and who shall conduct or supervise all interviews with suspected child abuse victims to ensure quality and consistency of said process. Allen Memorial Hospital shall further enter into appropriate agreements with a physician(s) who possesses expertise in the examination of pediatric sexual and physical abuse cases, and with such other medical service providers as may be necessary to provide radiological, laboratory, psychological or psychiatric consultation. 1.05 Training: Allen Memorial Hospital shall fumish the Interviewer, Coordinator, and physician(s) with specialized training and orientation, as appropriate, in current medical and interviewing techniques and procedures used in similar programs, consistent with any financial constraints of Allen Memorial Hospital. 1.06 Protocol: Allen Memorial Hospital shall develop a written protocol, acceptable to DHS, the county Attorney's Office, and the law enforcement agencies in the county from which the child abuse investigation originates, to govern the handling of all serious cases of child abuse such as those involving sexual abuse, serious physical abuse, and substance abuse cases processed by the CPC. The protocol shall be designed to insure an immediate child abuse referral is made to DHS in all cases which meet the criteria for reportable child abuse. The principle goal of the protocol shall be to foster cooperation in any assessment, regardless of whether a case originates with Allen Memorial Hospital, DHS, or another law enforcement agency. The parties to this Agreement intend that both this agreement and the written protocol shall constitute an interagency memorandum of understanding pursuant to Iowa Code section 135.118. This Agreement and the protocol when executed shall describe and coordinate the activities of the government entities that respond to cases of child abuse in order to more effectively facilitate the appropriate disposition of child abuse cases through the juvenile and criminal justice systems. 1.07 Assessments and Examinations: Allen Memorial Hospital shall conduct interviews and psychosocial assessments for suspected victims when requested by DHS at the time the child is presented at the CPC. Allen Memorial Hospital shall make the necessary referrals for medical examinations to St. Luke's Hospital. The interviews, psychosocial assessments and medical examinations shall be conducted in accordance with the protocol developed pursuant to Section 1.06 above. 1.08 Reports: Allen Memorial Hospital shall cooperate with DHS in implementing a mutually acceptable format for written reports, including establishing reasonable time frames which will assure that the DHS Child Protective Services assessment worker will receive written documentation of interview findings and medical findings, as available, within ten (10) working days, except in situations beyond Allen Memorial Hospital reasonable control (e.g. due to illness, absence from work, etc.). 1.09 Testimony: Allen Memorial Hospital shall make its employees and/or agents, including the Interviewer, available to provide testimony in any legal proceedings involving a case in which the CPC has provided services pursuant to this Agreement, so long as such persons remain employees or agents of Allen Memorial Hospital and subject to receipt of an appropriate subpoena and/or court order compelling said testimony. Allen Memorial Hospital shall further encourage those physicians providing professional services in connection with the operation of the CPC to testify at such legal proceedings. 1.10 Case Plan: Allen Memorial Hospital shall assist DHS and Juvenile Court in developing the most appropriate case plan for the child and his/her family and assist in making timely referrals to other treatment services when such referrals are necessary. Allen Memorial Hospital understands and agrees, however, that while DHS and the Juvenile Court may consider ACPC's recommendations in making an investigative finding, developing a case plan or arranging treatment services for a specific child abuse case, they shall not be bound in any way by the CPC's recommendations. 1.11 Professional Studies: Allen Memorial Hospital understands and agrees that any professional studies, including but not limited to treatment, research or publication, undertaken by ACPC staff, CPC team members or Allen Memorial Hospital staff, which utilize information obtained in the course of a particular child abuse case or group of cases, may be initiated only after obtaining Child Abuse Registry authorization as set forth in Iowa Code Chapter 235A. 1.12 Professional Standards. The ACPC must meet or be in the process of meeting the standards established by the national children's alliance for children's advocacy. 2. DHS's DUTIES: 3 2.01 Referrals: DHS shall refer serious cases of child abuse involving sexual abuse, serious physical abuse, and substance abuse occurring in the counties covered by this Agreement, including but not limited to Blackhawk County, Iowa, to the ACPC when the DHS Protective Services Unit personnel conclude that such a referral would provide necessary medical and evaluation services to the child and his/her family. 2.02 Training: DHS shall furnish appropriate training for ACPC staff (including the Interviewer, Coordinator, and physician(s) in applicable DHS Child Protective Services assessment policies and procedures, techniques of documentation and effective courtroom testifying techniques. 2.03 Materials: DHS shall regularly provide the CPC with current copies of the DHS Child Protective Services Manual, as well as other materials pertaining to child abuse, and shall update these materials on an on-going basis. 2.04 Liaison: DHS shall designate one (1) Child Protective Service assessment worker who shall act as a liaison with the CPC and who shall assist in conducting and videotaping each child's psychosocial assessment interview whenever possible. 2.05 Consultant: DHS shall designate one (1) administrative staff member from its Blackhawk County Area Office to act as a consultant to the Coordinator. The consultant shall assist in developing and updating the protocol for handling cases referred to the ACPC, shall assist in training CPC staff and shall facilitate communication between DHS staff from other service areas being served by the ACPC. 2.06 Board Member: DHS shall designate one (1) representative from DHS to serve on the Board of the ACPC. The DHS Board representative shall serve on the personnel subcommittee of the Board and shall possess the necessary qualifications and background to advise the Board and the personnel subcommittee regarding the skills and personal qualities desirable for CPC personnel. 3. SERVICE AREA. It is the intent of the parties that the program described in the Agreement be expanded to other counties in the State of Iowa, including but not limited to counties in the Blackhawk DHS Service Area, as the program is proven successful and as the necessary contacts can be developed. Counties served will sign an Addendum to the Agreement indicating specified in Chapter 135.118 of the Iowa Code and the written protocol. The format and signature page will replicate the signature page of this Agreement. 4. DISCLOSURE OF INFORMATION 4 4.01 Confidentiality: For purposes of this Agreement, the ACPC shall be considered an agent of the Department of Human Services involved in an assessment of child abuse and duly authorized to receive information regarding child abuse regardless of the finding of the report. Allen Memorial Hospital and DHS and appropriate law enforcement agencies shall maintain the confidentiality of all child abuse information received pursuant to this Agreement. Neither Allen Memorial Hospital nor DHS nor law enforcement agencies shall redisseminate any child abuse information obtained through CPC activities, except as provided by law. 4.02 Multidisciplinary Teams: As deemed necessary to address serious cases of child abuse such as those involving sexual abuse and serious physical abuse, the CPC may involve or consult with lawfully constituted multidisciplinary teams which include persons from various professional disciplines who have training and expertise in addressing special types of child abuse. These persons may include but are not limited to physicians and other health care professionals, mental health professionals, social workers, child protection workers, attorneys, juvenile court officers, law enforcement officials, substance abuse treatment professionals, public health workers, child development experts, child educators, and child advocates. 4.03 Documentation: Any report or document, including audio tapes and video tapes, produced for the Department of Human Services by the Child Protection Center shall be made a part of the Department's file for the case, and any document or record, other than medical records, pertaining to child abuse information when retained by the Child Protection Center shall be destroyed or sealed, as mandated by Iowa Code Chapter 235A.18. Under no circumstances shall Child Protection Center records be made available to other Allen Memorial Hospital staff unless the staff person requesting the records obtains access to these records through the Child Abuse Registry. Records of medical examinations performed by a physician are medical records which may be retained by Allen Memorial Hospital (name hospital if hospital based) and handled as all other confidential medical records of the hospital. 5. INDEMNIFICATION Each party to this Agreement shall be responsible for its own negligent acts or omissions and/or the negligent acts of omissions of its employees, agents or representatives. DHS shall not indemnify, defend or hold harmless Allen Memorial Hospital, its officers, trustees, employees, agents and/or representatives, for any claims arising out of this Agreement and/or the operation of the CPC, unless otherwise required by law. Allen Memorial Hospital shall not indemnify, defend or hold harmless DHS, its employees, agents or representatives, for any claim arising out of this Agreement and/or the operation of the CPC. 6. COMPENSATION Allen Memorial Hospital shall charge the victim's responsible party or the appropriate third party payor for any reimbursable services provided pursuant to this 5 Agreement. There shall be no direct charge to DHS for the services provided by Alien Memorial Hospital hereunder. 7. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY OF ACT OF 1996 In the event that compliance with the final HIPPA regulation necessitates an additional agreement or an amendment to this agreement, the parties agree to prompt execution of any amendment upon request. 8. TERM/TERMINATION This Agreement shall be effective on March 1, 20101 and shall continue thereafter until terminated as set forth below. This Agreement may be terminated at any time by either party, with or without cause, effective thirty (30) days after written notice of such termination is mailed by one party to the other party by certified mail. 6 Director Date Service Area Manager Date 7 President and Chief Executive Officer Date This is signature page that you can recreate for each county/ or law enforcement Entities you are partnering with for referrals to your services. You may enter the name person and title, Have the CEO sign then submit all the signature pages to DHS SAM they will forward to me to get Director's signature. Agreement Read and Approved by: County Attorney Chief of Police Date Date County Sheriffs Office Date 8 Agreement Approved as to form: Diane Stahle Deputy Attorney General Counsel to Allen Memorial Hospital Date Date 9