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COOPERATIVE AGREEMENT RELATING TO MENTALLY ILL PERSONS WITHIN THE CITY OF MOSCOW AND LATAH COUNTY AGREEMENT made between Latah County, a political subdivision of the state ofldaho, the City of Moscow, a municipal corporation of the state of Idaho, the Idaho Department of Health and Welfare, an executive department of the State ofldaho and Gritman Medical Center, Inc., an Idaho Corporation. WHEREAS, Latah County, the City of Moscow and The Idaho Department of Health and Welfare are "public agencies" as defined by Idaho Code 67-2327 and are therefore authorized to enter into an interagency agreement for the purpose of facilitating the performance of their responsibilities as set forth in Chapter 3, Title 66, Idaho Code and pursuant to Idaho Code 67-2332, and WHEREAS, persons suffering from mental illness have special needs and law enforcement agencies and area health agencies have the responsibility to respect the rights and needs of such persons and to protect society from those individuals who pose a threat to safety, life, and property of the people of Latah County, and WHEREAS, each of the parties hereto has an interest in setting forth a procedure which shall be used when dealing with mentally ill persons in need of care and treatment. NOW THEREFORE, subject to the limitations of this Agreement and in order to provide such services as are required for mentally ill persons, it is hereby agreed as tallows: I. Reports of Mentally Ill Persons. Upon receiving a report of a mentally ill person, the law enforcement dispatcher shall attempt to obtain the followƒng information and relay it as soon as practicable to the responding peace officer: A. Exact physical location of the person; B. Reporting party's name, location and telephone number; C. The person's I. Name; 2. Date of Birth; 3. Social Security Number; 4. Physician's name, if any; 5. Any medications taken by the person; 6. Name, address, telephone no. and relationship of next of kin and/or responsible adult, guardian or spouse. COOPERATIVE AGREEMENT 1 97-15 ---PAGE BREAK--- D. Nature of the call I. What has occurred? 2. Is there a potential of violence occurring to any of the involved parties (i person/suspect, relatives, neighbors, any other persons)? 3. If there is potential violence, what is the nature of the threat weapons involved, injuries, vehicles)? 4. Does the subject have a or other counselor and how may this person be reached'' E. The dispatcher shall check local files and !LETS for any pertinent information and/or previous related incidents. All relevant information should be relayed to the responding peace officer as soon as possible. IL Responding to a Call Regarding a Potentially Mentally Ill Person. A The Moscow Police Department shall respond to all reports of mentally ill located within the corporate limits of the City of Moscow. The Latah County Sheriff shall respond all reports of Mentally ill persons located in the balance of Latah County. In the event that the primary responsible law enforcement agency is unable to make a timely response within the above areas, said law enforcement agencies agree to mutually assist each other in making such response. B. Before arriving at the scene the responding officer( s) should make the determination of whether the call is an emergency based on all relevant information available to the ofticer when dispatched. The ofticer should consider: 1. If there is a threat to life and property; 2. The level of the threat; and 3. Whether the threat is current or if it has passed. C. If the officer determines that the call is an emergency, he/she should respond accordingly. If the ofticer determines that there is no emergency, the call should be handled as per department policy. D. Upon arriving at the scene the officer shall control the situation. If violence and/or threat to property is involved. the oftlcer(s) shall protect themselves and, to the extent reasonably possible, those persons and/or property threatened. COOPERATIVE AGREEMENT 2 ---PAGE BREAK--- III Investigation. A Officers shall conduct the investigation with focus on determining what occurred, who was involved, how they were involved and when, where and how the incident occurred. The investigation shall include interviews of all witnesses and parties involved, processing of evidence (if any), and the proper documentation of the officer's observations. B. If possible, the oft!cer should obtain additional information from the person being investigated and/or other sources. The person's physician's name and location, medication information, next of kin, employment/student status, previous record of mental illness, and any other source. C. After the investigation has been initiated, the officer should review the basic information and determine if a crime has been committed. If a crime bas been committed the officer shall respond in accordance with department policies and the applicable provisions of law D. If, after the investigation has been initiated, the officer bas determined no crime bas been committed, the officer shall determine if detention pursuant to Idaho Code 66-326 is warranted. IV. Protective Custody Procedures!Detaining Mentally Ill Persons Without Hearing. pursuant to Idaho 66-326. A A person may be taken into custody by an officer and taken to Gritman Medical Center if the officer has reason to believe that the subject's continued liberty poses an imminent danger to herself/himself or others, as evidenced by a threat of substantial physical harm, defined as follows: 1. A substantial risk that physical harm will be inflicted by the person upon his/her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on themselves, or 2. A substantial risk that physical harm will be inflicted by the person upon another as evidenced by behavior which bas caused such harm, or which places another person or persons in reasonable fear of sustaining such harm. B. Upon making the detem1ination that a person may be mentally ill and an imminent danger to him/herself or others, as set forth above, the officer shall: I. Immediately, or as soon as practicable, transport the person to the emergency room at Gritman Medical Center, or other acceptable facility; 2. Inform hospital personnel that the person is being taken into protective custody by COOPERATIVE AGREEMENT 3 ---PAGE BREAK--- means of the notice set forth at Appendix A to this Agreement. 3. Unless such person has committed a crime and been arrested therefor, under no circumstances may the person be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses(i jail); 4. Inform the on-call prosecuting attorney of the situation. Insure that Region II Mental Health Services (for adults) or Family and Children's Services (for minors) is notified of the custodial situation and that examination of the detained person by a designated examiner is required. Notice shall be given, if possible, to the person's immediate relatives of the person's physical whereabouts and the reasons for taking the person into custody; 5. Prepare an Affidavit of Cause for Detention in substantially the form shown at Appendix B hereto. This affidavit must be forwarded to the prosecuting attorney for presentation the Court within twenty-four (24) hours of the time detention is initiated. Holidays and weekends do llil1 extend this time. 6. An officer of the detaining law enforcement agency will remain with the person at Gritman Medical Center until such time as a decision is reached by the attending physician and/or the nursing supervisor, in consultation with the officer, regarding the level of security measures to be taken. Such a decision should reflect the concerns for the detained person's safety, the safety of hospital personnel and the necessity to return the officer to service as soon as possible. B. Upon receipt of the Affidavit of Cause for Detention, the Latah County Prosecuting Attorney shall prepare the appropriate temporary custody order, and upon approval by the Court, shall forward the order to the custodial law enforcement agency and to Gritman Medical Center or other facility in which the person is being detained; C Gritman Medical Center will register the person as an emergency room patient and the emergency room physician (or the patient's personal physician, if available) shall examine the person. The physician shall assess the person's mental and physical condition and shall provide such emergency care as is necessary and available. D. The officer's determination that the patient should be held in protective custody may be reversed only by order of the Court. As soon as the Court determines the legal status of the patient, a copy of the Court's order shall be provided to Gritman Medical Center. E. The physician will confer with the officer and Gritman Medical Center nursing shift supervisor as to appropriate care and security measures. The final determination as to what security measures shall be employed shall be made by the Gritman Medical Center Staff Such measures may include any of the following or any combination thereof: COOPERATIVE AGREEMENT 4 ---PAGE BREAK--- 1. Secure room (When available); 2. Physical restraints; 3. Law Enforcement officer in attendance. (This measure will be employed as a last resort and only where there is a clear danger to the detained person, hospital staff or other patients); 4. A volunteer or family members attending person (locate volunteer through the appropriate department) 5. Considering Police response available by telephone; 6. Frequent nursing observation; 7. Youth attendants trained in mental health issues. F. The law enforcement agency detaining a person without a hearing pursuant to Idaho Code 66-326 shall be responsible for providing security for the proposed patient until either ( 1) the Court authorizes his/her release, or the patient is transferred to another appropriate facility, and a copy of the Court's order is provided to Gritman Medical Center. G Upon receiving notice of the need for examination of the detained person by a designated examiner, a duly appointed designated examiner shall examine the person within twenty-four (24) hours of the order of the court. The designated examiner shall provide a written certificate in substantially the form set forth at Appendix C to this Agreement to the office of the Latah County Prosecuting Attorney within twenty-four (24) hours of completion of the examination. These times periods may be altered by court order on a case by case basis. H. In the event that the designated examiner's certificate indicates that the person meets the criteria for involuntary commitment as set forth in Idaho Code 66-329, the Prosecuting Attorney will initiate further proceedings by filing a timely application (petition) pursuant to Idaho Code 66-329 Vv1th the court. Upon order of the court, the custodial status of the person will continue until hearing on the petition. The Department of Health and Welfare agrees to exercise all reasonable means to facilitate the transfer of the person from Gritman Medical Center to a state facility for treatment pending the hearing. L In the event that the designated examiner's certificate indicates that the person does not meet the criteria for involuntary commitment as set forth in Idaho Code 66-329, the Prosecuting Attorney shaH prepare a motion and order to dismiss the case. Upon approval of that order by the court, the detaining law enforcement agency will be released from its custodial responsibility and the person may be discharged from the Gritman Medical Center upon order of competent medical authority. A copy of the order of dismissal shall be furnished to the custodial law enforcement agency and to Gritman Medical Center. l In the event that the Court orders the detention of the individual at another facility, the Latah County Sheriff shall be responsible for providing the necessary transportation. COOPERATIVE AGREEMENT 5 ---PAGE BREAK--- V. Costs of Commitment Proceedings. A Idaho Code 66-327(a) provides for the payment of all costs associated with commitment proceedings, including fees of designated examiners, transportation costs and all medical, and hospital costs incurred prior to the time that the person subject to commitment proceedings is dispositioned, transported to and admitted by a state facility. B. In the event that the court determines that such person, his/her spouse or adult children are unable to pay such costs or that the person appears to be medically indigent, an application may be filed with the obligated county for indigent assistance pursuant to Chapter 3 5, Title 3 1, Idaho Code. All parties to this agreement shall cooperate with the obligated county in investigating, providing documentation and submitting to an interview for the purpose of ascertaining eligibility for said assistance. C. In the event that the detained person is unable to complete the Uniform County Assistance Application, Gritman Medical Center may enter all available information on the form and timely submit it to the obligated county, as defined in Idaho Code 3 1-3506, on behalf of the patient, together with an itemized statement of costs; D. The Uniform County Assistance Application must be received by the obligated county within the time period set forth in Idaho Code 3 1-3505. The obligated county is required by law to investigate and act on such application in accordance with the procedures set forth in Chapter 3 5, Title 3 1, Idaho Code. VI. Mutual Support This Agreement has been entered into to set forth appropriate procedures fur the treatment of mentally ill or incapacitated individuals in the City of Moscow and Latah County This Agreement requires the continuing support of all involved health care and law enforcement professionals involved in the care of mentally ill and incapacitated persons. The parties understand that Gritman Medical Center is making its facility available for the care of the mentally ill or incapacitated person, under this protocol, with the understanding that all agencies will continue support in the spirit in which this Agreement was drafted. This Agreement shall not be considered legally binding, except to the extent that its provisions are based on or required by existing law. It is merely a procedural guideline to assist the parties in the involuntary commitment process. VII. Supersession of Prior Agreement Effective Date and Modification. The Protocol for Dealing with Mentally Ill Individuals within Latah County dated November 5, 1990 is hereby superseded by this agreement, etTective March 1, 1997, which shall be the effective date of the provisions of this agreement This agreement is subject to such modification as may be agreed to by the parties hereto. COOPER!\ TIVE AGREEMENT 6 ---PAGE BREAK--- EXECUTED IN QUADRUPLICATE ORIGINALS this day of , 1997 FOR LATAH FOR THE CITY OF MOSCOW Attest: FOR GRITMAN MEDICAL CENTER COOPERATIVE AGREEMENT FOR THE DEPARTMENT OF HEALTH AND WELFARE 7 ---PAGE BREAK--- Physician/Nursing Supervisor Gritman Medical Center Moscow, Idaho 83843 To \Vbom it may Concern: I have taken the following person into custody: Name: Date of Birth: Address: Next of Kin: Phone No.: Physician: Pursuant to: [ ] Idaho Code 66-326(A), Under by authority as a peace officer, I have taken this person into protective custody because I have reason to believe this person's liberty poses an imminent danger to this person or others, as evidenced by a threat of substantial physical harm. [ ] Idaho Code 39-307(A), Under my authority as a law enforcement officer, I have taken this person into protective custody as this person appears to be incapacitated by alcohol. I hereby request that the above named person be admitted to Gritman Medical Center for appropriate examination and treatment. Date: Time: Police Officer: ID# _ ---PAGE BREAK--- WILLIAM W THOMPSON, Jr. PROSECUTING ATTOR.t'ffiY Latah County Latah County Courthouse Moscow, Idaho 83843 (208) 882-8580 Ext. 316 IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN M'D FOR THE OF LATAH In the Matter of the ) Hospitalization of: ) ) Case No. SP _ ) DOB: ) ) AFFIDAVIT OF An Alleged ) Incompetent Person. ) FOR DETENTION, LC. 66-326 STATE OF IDAHO ) :ss County of Latah ) _ _ on oath, and upon information and belief, and being first duly sworn, affirms and says: 1. I am a duly sworn peace officer employed by _ 2. (Insert observed or reported facts giving rise to detention) 3. Based on the above, I have reason to believe that the above named person's continued liberty poses an imminent danger to that person or others, as evidenced by a tbreat of substantial physical harm. I therefore have detained the above named person pursuant to Idaho Code 66-326, and have transported him or her to await further evaluation and proceedings in this matter. AFFIDAVIT Page - 1- 1 APPENDIX B ---PAGE BREAK--- Dated this day of 199 Affiant SUBSCRIBED Ac"-'D SWORN to before me this day of , 199 AFFIDAVIT Page -2 - 2 Notary Public in and for the State ofldaho. Residing My commission expires _ ---PAGE BREAK--- April I, 1997 To: Lata.l'J County, Tom Spangler City of Moscow, Elaine Russell Dept Of Health & Welfare, David Reynolds From: Dan Smigelski GMC President/CEO 7005. Main Moscow. 10 83843-3046 (208) 882-451 7 Re: Cooperation Agreement for treatment of the Mentally Ill in Latah County. I would like to include this memorandum as a part of the Cooperative Agreement There are some wording additions which I feel are necessary to protect Gritrr.an Medical Center. "In circumstances where the Emergency Room is overwhelmed or when the census is such as to not permit admission of the patient, Gritman Medical Center reserves the right to divert the patient to another acceptable facility." If this wording is acceptable to alL let us just include this memo as an addendum. Thank you for your time and efforts. Latah county City of Moscow Gritman Medical Center Dept of Health & Welfare