APS Tribal Agreements MB (H19-XXX) - Draft



center31912900STATE OF WASHINGTONDEPARTMENT OF SOCIAL AND HEALTH SERVICESAging and Long-Term Support AdministrationHome and Community Services DivisionPO Box 45600, Olympia, WA 98504-560018859501855470APS MANAGEMENT BULLETIN00APS MANAGEMENT BULLETINA19-004 – Policy & ProcedureAugust X, 2019SUPERSEDES H04-059TO:Adult Protective Services (APS) Regional AdministratorsAPS Management TeamAPS Program ManagersFROM:Kathy Morgan, Director Adult Protective Services DivisionSUBJECT:Written Working Agreements between Indian Tribes and the Department’s APS DivisionPURPOSE:To provide guidance for entering in to a Memorandum of Understanding (MOU) with federally recognized Indian Tribes in Washington and recognizing the government-to-government relationship and tribal sovereignty, and to provide a template to begin the conversation with Tribes that can be tailored to each Tribe’s specific needs. BACKGROUND:Under RCW 74.34.067, the Department’s APS Division is authorized to enter into agreements with federally recognized Indian Tribes (Tribes) to investigate reports of abandonment, abuse, financial exploitation, neglect, or self-neglect of vulnerable adults on Tribal lands over which a federally recognized Tribe has exclusive jurisdiction.These agreements are based on the fundamental principles of the government-to-government relationship acknowledged in the 1989 Centennial Accord, and seek to further the collaboration and cooperation between Tribes and DSHS under the 7.01 Plan. Be aware that some Tribes were not party to the Centennial Accord, which does not impact our ability to enter in to such agreements. With these agreements, the Department and Tribes further their mutual respect of each party’s sovereignty, and recognize that collaboration in the investigating and provision of protective services is beneficial. Under these agreements, APS may notify Tribal law enforcement (or another representative the Tribe identifies) when APS becomes aware that abandonment, abuse, financial exploitation, or neglect is criminal; or that it is placing a vulnerable adult (elder) on Tribal lands at potential risk of personal or financial harm. Once notified, the Tribe has authority to assume full jurisdiction of the investigation, or choose to defer to APS. If the Tribe assumes jurisdiction, APS may no longer participate in the investigation; however, we can offer and assist in protective services upon request from the Tribe.Regardless of whether the Tribe assumes jurisdiction, these working agreements can establish and maintain a cooperative and mutually-supportive working relationship that facilitates timely investigation of allegations and provision of appropriate protective services for adults who are vulnerable. Additionally, the agreements may include terms regarding the provision of protective services, points of contact, sharing of information, and any other terms that the Department and Tribe determines is within their discretionary powers to agree to.WHAT’S NEW, CHANGED, OR CLARIFIED:As a basis for beginning discussion with the Tribes, an agreement template (attached) has been created. This template is solely meant to identify areas of conversation, and provide example language as a starting point in the conversation for an agreement. An agreement that is reached between the Department and a Tribe may be substantially different than the suggestions in the template.The Tribe should always be given the opportunity to draft the agreement, however APS will offer to draft as a courtesy to the Tribe.At a minimum the agreement should include those elements described under RCW 74.34.067, which include:Description of all Tribal lands, in order to determine where the Tribe has exclusive jurisdiction (such as reservations and trust land);Communication:Who to notify within the Tribe when APS has knowledge of an allegation, or if the Tribe chooses to be notified;If an outcome report is to be send, and to whom;Confidentiality and information sharing; The process to determine which party has investigatory authority considering the combination of these factors:Whether the adult is an enrolled member of the Tribe; andWhether the alleged incident(s) occurred on Tribal lands; andNon-substantive agreement terms, which includes potential for review/modification of the agreement, termination provisions, and an effective date.Final negotiations of the agreement will occur at the headquarters level, once a draft agreement has been drafted.Staff may access all signed agreements on the APS SharePoint here.ACTION:If a Region is approached by any Tribe regarding a request for a written agreement, contact Kathy Morgan, APS Director, at (360) 725-2321 or via email morgakd@dshs., in order to coordinate the negotiations between the Region, Tribe, and APS headquarters.RELATED REFERENCES:RCW 74.34.067DSHS Administrative Policy 7.01ATTACHMENT(S):\sCONTACT(S):Kathy Morgan, Director360.725.2321morgakd@dshs. ................
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