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HomeMy WebLinkAbout25929AGREEMENT INFORMATION AGREEMENT NUMBER 25929 NAME/TYPE OF AGREEMENT FLORIDA DEPARTMENT OF CHILDREN & FAMILIES DESCRIPTION MEMORANDUM OF UNDERSTANDING/ADULT PROTECTIVE INVENSTIGATIONS/MATTER ID: 26-87 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 1/23/2026 DATE RECEIVED FROM ISSUING DEPT. 1/23/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Police DEPT. CONTACT PERSON: Joy Saunlett NAME OF CONTRACTUAL PARTY/ENTITY: IS THIS AGREEMENT TO BE EXPEDITED/RUSH TOTAL CONTRACT AMOUNT: $ 0.00 TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT El GRANT AGREEMENT El EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ,—Signed by: %"--- 03 C8C 8A20 F3A4 F4... EXT. 305 603-6196 FL Dept. of Children and Families (DCF) El YES NO FUNDING INVOLVED? ❑ YES NO El PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY: Memorandum of Understanding (MOU) PURPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITIONAL PAGES IF NECESSARY) To execute an MOU with DCF regarding adult protective investigations. COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: No Funding ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR January 15, 202SII(11QATINtES PRINT: MANUELDA. /IOdRALES keiti l , AtWAILS SUBMITTED TO RISK MANAGEMENT INTERIM DIRECTOR January 15, 202gM-;5 PRINT: DAV d�FyaDc.. e�d� �U�VIi lhbU.tc,i.b SUBMITTED TO CITY JCP — Matter ID.: #26-8 T Dgogyy: j/' pp lAGltn, C f January 20, 202SI3J PRINT: GEORGa. TISREST ocu$igned by. LNG, III /'1 ��{,brOt, t- ahiSbt&. ((( `-88TE9FE882488 APPROVAL BY ASSISTANT CITY MANAGER .. PRINT: SIGNATURE APPROVAL BY DEPUTY CITY MANAGER PRINT: NATASHA COLEBROOK-WILLIAMS SIGNATURE: RECEIVED BY CITY MANAGER January21, 2C2R PRINT: JAM 1(:Ataf: EV &: VIrtglie T „,,-� SUBMITTED TO THE CITY CLERK January 23, 2C2SIPISTATIIREST PRINT: TODDY Adb C' PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Manuel A. Morales TO Chief of Police (Through Channels) FROM: ZY56? Lieutenant Mathew Reyes Special Victims Unit Commander Criminal Investigations Section DATE: SUBJECT: REFERENCES: ENCLOSURES: December 17, 2025 FILE MOU Between MPD & DCF (API) Please see the attached the Memorandum of Understanding between the City of Miami Police Department (MPD) and the Department of Children and Families Adult Protective Investigations, Southern Region. The purpose of the MOU is to establish a cooperative partnership between the City of Miami Police Department (MPD) and the Department of Children and Families Adult Protective Investigations -Southern Region, to facilitate the exchange of information, data, and resources for the purposes of enhancing safety and improving interagency coordination. Note: This MOU was previously sent through channels and signed; however, DCF made several changes adding "The City of Miami Police Department" in several parts of the document, rather than generic language. The MOU allows MPD to enter a relationship with DCF, at no expense to MPD. Should you require further information, feel free to contact me. Please review and sign. Approved Denied Chief Manuel A. Morales Chief Manuel A. Morales MR:mr MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MIAMI POLICE DEPARTMENT AND THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES ADULT PROTECTIVE INVESTIGATIONS, SOUTHERN REGION The undersigned agencies agree to the following: A. PURPOSE The purpose of this MOU is to coordinate services of the Law Enforcement Agency(ies) within the City of Miami and the Florida Department of Children and Families Adult Protective Investigations, Southern Region, through cooperation, collaboration, and the sharing of appropriate information. This agreement recognizes operational protocols for the joint investigation of abuse reports involving both criminal and adult protective allegations. Such protocols may be addressed herein or be supplemented by a document in writing signed by the parties hereto whenever procedures are needed. It is the objective of this document to: 1. Facilitate standard, consistent and thorough investigations of allegations of abuse, neglect, or exploitation of vulnerable adults. 2. Maximize resources through a joint investigative process. 3. Coordinate wherever possible interviews of vulnerable adults who are victims of abuse, neglect, or exploitation to minimize unnecessary inconvenience to the victim. 4. Facilitate the orderly collection of evidence in the criminal investigative process. 5. Ensure the provision of appropriate services when deemed necessary for vulnerable adults; and, 6. Provide a forum for on -going communication and resolution of issues involving the safety of vulnerable adults in this community and to foster an effective collaboration among: a. Law enforcement. b. Office of the State Attorney. c. Judiciary. d. Domestic violence providers. e. Adult Protection Team. f. Department of Children and Families; and, g. City of Miami/SVU Adult Protection Investigation Division B. DEFINITIONS "Adult Abuse": Any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes acts and omissions. [Florida Statute 415.102(1)] "Adult Exploitation": A person who: 1. Stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or, 2. Knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult. "Exploitation" may include, but is not limited to: 1. Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property. 2. Unauthorized taking of personal assets. 3. Misappropriation, misuse, or transfer of moneys belonging to a vulnerable adult from a personal or joint account; or 4. Intentional or negligent failure to effectively use a vulnerable adult's income and assets for the necessities required for that person's support and maintenance. [Florida Statute 415.102(7)(a)(b)] "Adult Neglect": The failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term "neglect" also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. "Neglect" is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death. [Florida Statute 415.102(15)] "Capacity to consent": A vulnerable adult has sufficient understanding to make and communicate responsible decisions regarding the vulnerable adult's person or property, including whether or not to accept protective services offered by the department. [Florida Statute 415.102(3)] 2 "Caregiver": A person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a vulnerable adult on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person or that person's guardian that a caregiver role exists. "Caregiver" includes, but is not limited to, relatives, household members, guardians, neighbors, and employees and volunteers of facilities. "Caregiver" does not include law enforcement officers or employees of municipal or county detention facilities or the Department of Corrections while acting in an official capacity. [Florida Statute 415.102(4)] "Domestic Violence ": "Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member." [Florida Statute 741.28] "Emergency Protective Services Intervention": The provision of emergency services to include, entry of premises, removal from premises, and medical treatment to a vulnerable adult who (1) is suffering from abuse or neglect, (2) presents a risk of death or serious physical injury and, (3) lacks the capacity to consent to emergency protective services. If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, such services may not be provided. [Florida Statute 415.1051(2)] "Joint Investigation ": The coordination of a criminal investigation being conducted by the jurisdiction of offense -location (JO) Agency and a protective investigation being conducted by the Department of Children and Families. "Law Enforcement Agency of Jurisdiction where a victim is located (JV Agency) ": The Law Enforcement Agency who assists the Law Enforcement Agency of jurisdiction over the offense. "Law Enforcement Agency of Jurisdiction over the offense (JO Agency)": The Law Enforcement Agency, which will conduct the criminal investigation. "Protective Investigation ": A report from the central abuse hotline alleging abuse, neglect, or exploitation of a vulnerable adult; investigation of the report; determination as to whether action by the court is warranted; and referral of the vulnerable adult to another public or private agency when appropriate. [Florida Statute 415.102(18)] "Vulnerable Adult": A person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, brain damage, or the infirmities of aging. [Florida Statute 415.102(26)] 3 "Vulnerable Adult In Need of Services": A vulnerable adult who has been determined by a protective investigator to be suffering from the ill effects of neglect not caused by a second party perpetrator and is in need of protective services or other services to prevent further harm. [Florida Statute 415.102 (27)] C. INVESTIGATIVE PROCEDURES 1. The Florida Abuse Hotline, known as the "Hotline", of the Florida Department of Children and Families (DCF) is responsible, as required by Florida Statute 415, for accepting reports of abuse, neglect, or exploitation of vulnerable adults and transmitting each report to the county where the vulnerable adult (victim) is located. 2. The DCF Adult Protective Investigator (API) shall immediately orally notify, as required by Florida Statute 415, the undersigned Law Enforcement Agency when DCF has reason to believe that abuse, neglect, or exploitation has occurred and was perpetrated by a party other than the vulnerable adult (victim). Following the oral notification, the API will, within 5 days, deliver or transmit a copy of the abuse report to the undersigned Law Enforcement Agency or to the law enforcement officer assigned to the criminal investigation. If an emergency response for a law enforcement officer is necessary, the API shall notify the City of Miami Police Department by contacting the Special Victims Unit at (305)603-6300. 3. The API will immediately notify, as required by Florida Statute 415, the undersigned Law Enforcement Agency in writing when there is reasonable cause to suspect that a vulnerable adult (victim) died as a result of abuse, neglect, or exploitation. 4. The undersigned Law Enforcement Agency(ies) will review the abuse report and determine whether a criminal investigation is warranted. If a criminal investigation is initiated, the criminal investigation shall be coordinated with the API to proceed concurrently with, and not be hindered by, the protective investigation. Evidence gathered in criminal investigations will be handled according to the procedures of the JO Agency. 5. If, during the course of a protective investigation being conducted by DCF, the JO Agency determines that a criminal investigation is warranted, then the undersigned agencies agree to conduct a joint investigation. During the course of such investigations, the parties hereto agree to share information, whenever possible. Any information received from the JO Agency by DCF will become a permanent part of the case record and as such is confidential and shall be exempt from production pursuant to s. 119.07 (1) and may not be disclosed except as specifically authorized by ss. 415.101-415.113, in accordance with s. 415.107(1), F. S. 4 6. If the JO Law Enforcement Agency(ies) requests that the API not interview the possible responsible person, that request shall be honored. The API must then document the date and the time of the request, the person making the request and the reason for the request. The JO Law Enforcement Agency(ies) agree to advise the API when the interview may be conducted and will, when appropriate, share the results of any interview conducted by the JO Law Enforcement Agency(ies). Every effort will be made to preserve the confidentiality of the criminal investigation. 7. The API will be responsible for assessing the immediate safety of the vulnerable adult. If the API determines the vulnerable adult is in need of emergency protective services, law enforcement may be contacted for assistance. The law enforcement officer on the scene may provide if medical transportation is not available. It shall be the responsibility of the API to determine the need for and request any social services deemed necessary to support the vulnerable adult. The undersigned Law Enforcement Agency(ies) will provide input and/or recommendations to the API. 8. The API and the undersigned Law Enforcement Agency(ies) will develop, implement, and provide training on these joint investigative protocols, protocols for the assessment of domestic violence during abuse investigations, and the assessment of abuse during family violence investigations. 9. This agreement, with any attachments, is pursuant to Florida Statute, 415.1045(6), and is intended to constitute the necessary and written protocols as set forth therein, and includes: a. Information governing response to abuse, neglect and exploitation reports or investigations, b. An assessment of risk by DCF, and c. Release and maintenance of records and other information. 10. Should any conflicts occur: a. During a protective investigation, resolution shall be attempted at the lowest ranking levels possible, and consideration shall be given to the following items: 1. The welfare of the vulnerable adult, and 2. The thoroughness and integrity of the criminal investigation, and 3. The thoroughness and integrity of the adult abuse investigation. b. During a criminal investigation, the JO Law Enforcement Agency shall take the lead role in the investigation. D. SHARING INFORMATION 5 1. Pursuant to section 415.1045(6) F. S., the JO Law Enforcement Agency(ies) conducting any criminal investigation arising from an allegation of abuse, neglect, or exploitation of a vulnerable adults is authorized to share with APIs Florida criminal history information accessed through the Florida Crime Information Center. DCF agrees not to further disseminate this information in the absence of an Order from a court of competent jurisdiction requiring it to do so. a. Such information may be used only for the furtherance of a specific adult protective investigation, including the emergency placement of a vulnerable adult. Information is defined in D.2 below. b. Such information will be timely provided without charge. c. Such information may be provided by the assigned criminal investigator or through a component of the undersigned Law Enforcement Agency(ies) as determined by local protocol. d. The release of such information will be documented in accordance with applicable Florida Department of Law Enforcement (FDLE) Florida Crime Information Center (FCIC) procedures. 2. Within statutory guidelines, the undersigned Law Enforcement Agency(ies) will, upon request, provide to the designated API a copy of all initial law enforcement reports pertaining to a vulnerable adult (victim) or possible responsible person under investigation to the extent that the documents are public records and are not part of an active criminal investigation, including one relating to domestic violence. Narrative descriptions and any subsequent, supplemental, or related reports will be provided. These reports would also include those in which a vulnerable adult is present when family violence occurs, even if the vulnerable adult is not the victim. 3. After the case has been closed or presented to the State Attorney, the JO Law Enforcement Agency(ies) will, within five (5) working days after completing their investigation, provide to the designated API a report of the criminal investigation findings. 4. Within statutory guidelines, the API will provide copies of protective investigation reports to the Law Enforcement Agency(ies) assigned to conduct the criminal investigation. Any reports shall be provided without cost to the Law Enforcement Agency(ies). Copies of these reports shall include the identity of the reporter, which remains confidential pursuant to Florida Statute 415. 6 5. All information, reports, documents, etc., provided under the provisions of this agreement that become a part of a Department of Children and Families case record is confidential and shall be exempt from production pursuant to 119.07 (1) and may not be disclosed except as specifically authorized by ss.415.101-415.113, in accordance with s. 415.107(1), F.S. E. COORDINATION OF PRELIMINARY VICTIM CONTACT BETWEEN LAW ENFORCEMENT AGENCIES: The jurisdiction of the victim -location (JV) agency, and the jurisdiction of offense -location (JO) agency. 1. Because victims are sometimes found in a jurisdiction other than the jurisdiction in which an alleged offense occurred (such as a hospital emergency room, or a nursing home facility), the undersigned Law Enforcement Agency(ies) further agree to coordinate initial inquiries, and preliminary investigations. In these cases, the agency having jurisdiction where the victim is located (JV Agency) shall, if requested by any of the undersigned agencies, have a law enforcement officer respond and conduct a preliminary inquiry to establish sufficient facts upon which the case may be evaluated, giving particular attention to the severity of the alleged offense, the availability of witnesses, and the existence of physical evidence which requires timely handling. Once the preliminary inquiry is conducted, an immediate notification shall be given by the JV Agency to an on -duty supervisor of the agency having jurisdiction where the alleged offense occurred (JO Agency). The JO Agency is responsible for further investigating the criminal act(s). 2. The JO Agency shall promptly inform the JV Agency what type of response will be made and when the response will occur. The JO Agency may request the JV Agency conduct a preliminary interview of the victim and witnesses, and other activities associated with a preliminary investigation. If the JV Agency conducts an investigation, the investigating officer shall prepare a written report, "Assist Other Agency", and shall send it to the JO Agency's case agent, or appropriate component, as soon as possible. CANCELLATION This agreement shall continue indefinitely. However, any party hereto may withdraw by providing thirty days written notice to the other agency(ies). NOTICE All notices required under this MOU must be delivered in writing to the designated contact person. The initial designated contact person for each party is that parry's signatory to the MOU. A designated contact person may be changed by notice. 7 Nothing in this agreement shall supercede any state or federal statutory or regulatory requirements. This MOU becomes effective on the date of the last signature. EACH PARTY AGREES TO THIS MOU BY SIGNATURE BELOW. Signed: C ._, ...._ Date: if 7— Regional Director, Adult Protective Services Florida Department of Children and Families cDocuSigned by: ilitzw t,�ti, ( rait,s F715P[4r6F4PC... Chief Manuel A. Morales Chief of Police, City of Miami Police Department 8 Date: January 15, 2026 1 00:38:09 EST Florida Department of Children and Families Memorandum of Understanding — Adult Protective Investigations CITY OF MIAMI, a Florida Municipal Corporation Signed by: By: 8G256F2C6A47g... ames Reyes, City Manager Attest: DocuSigned by: C BY:P4Fm56Mf'E145. Todd B. Hannon, C. Signed by: Approved as to Form and Correctness: ,-DocuSigned by: By: �Gt a�ot,� 4g00bisa III George K. Wysong, III, City Attorney DocuSigned by: JU.A,IA, C, putt", 26-87 60971 BOD05DD4D9... Approved as to Insurance Requirements: DocuSigned by: B ttrni h 5534913495F2.4130... David Ruiz, Interim Director Risk Management Date: January 21, 2026 110:54:02 EST Date: January 23, 2026 1 12:48:22 EST Date: January 20, 2026 1 08:47:55 EST Date: January 15, 2026 1 06:31:35 EST Olivera, Rosemary From: Sent: To: Subject: Attachments: Saunlett, Joy <6272@miami-police.org> Friday, January 23, 2026 2:27 PM Olivera, Rosemary; Garcia, Aida L- Police; Reyes, Mathew- Police DCF - Adult Protective Inv. - Matter ID.: #26-87 DC F_Ad u lt_P rot_I nv. pdf CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon: Attached please find the fully executed agreement for the above -mentioned matter. Thank you and stay safe. Joy Saunlett I Administrative Assistant l Business Management Section joy.saunlettPmiami-oolire.org 1 400 NW 2"' Avenue, Miami, FL 33128 8(305-603-6196 14 305-579-6634 1