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HomeMy WebLinkAboutCarlsbad Unified School District; 2022-09-26;MEMORANDUM OF UNDERSTANDING CARLSBAD POLICE DEPARTMENT’S JUVENILE JUSTICE PROGRAM AND THE CARLSBAD UNIFIED SCHOOL DISTRICT PURPOSE: Through this Memorandum of Understanding (MOU) the Carlsbad Police Department’s Juvenile Justice Program states its intention to partner with the Carlsbad Unified School District. Through this partnership the Juvenile Justice Program intends to work with the Carlsbad Unified School District to appropriately manage certain delinquent behaviors and criminal activities in the school setting: MISSION STATEMENT: It is the mission of the Carlsbad Police Department’s Juvenile Justice Program to partner with the Carlsbad Unified School District to provide youth intervention programs which address delinquent behaviors and criminal activities in the school setting. The Carlsbad Police Department’s Juvenile Justice Program has served as a community- based diversion program for youth in this community since 1986. This program has successfully worked with youth and families in modifying negative behavior and educating youth on the consequences of poor decision making. By design, the Juvenile Justice Program was created to be reactive to issues involving youth delinquency. As an effort to be more proactive, a supplemental unit has been created within our program to intervene and address youth delinquency prior to the youth entering the criminal justice system. This unit is called The Restorative Justice Team (hereafter referred to as RJT). The purpose of the RJT is to proactively address delinquent behaviors of youth by using Restorative Practices. Restorative Practices is a formal process that emphasizes repairing the harm that was done and restoring the relationships with the people affected as well as the community. By concentrating its attention on early delinquent behavior, the RJT can hopefully redirect youth from future criminal activity. Members of the RJT include the Juvenile Justice Program Coordinator, Officers with the Carlsbad Police Department, and Volunteer Interns working within the Juvenile Justice Program. All members of the RJT have received training in Restorative Practices. Therefore, the Carlsbad Unified School District (CUSD) and the Carlsbad Police Department’s Juvenile Justice Program have the following expectations and agree to undertake the listed responsibilities to achieve these mutual objectives: DocuSign Envelope ID: CCA8D01E-037D-4B24-A5D1-EB7710ED6A37 Memorandum of Understanding Page 2 A. SCHOOL DISTRICT’S ROLE AND RESPONSIBILITY 1. To cooperate with and support in a proactive manner Carlsbad Police Department’s Juvenile Justice Program (RJT) to ensure the success of programs involving students, school personnel, parents, and the community B. THE JUVENILE JUSTICE PROGRAM’S ROLE AND RESPONSIBILITY 1. The Restorative Justice Team will work with the Carlsbad Unified School District to appropriately manage certain delinquent behaviors and criminal activities in the school setting:  Coordinate and facilitate the following Tobacco Intervention Programs per CUSD protocols and consequences for students caught in possession of Vape Devices: The American Lung Associations (In-Depth Tobacco Prevention and Education Program) and (N-O-T: Not on Tobacco Cessation Program).  Coordinate and facilitate the Brief Intervention Program: a counseling intervention program for adolescents who use alcohol, tobacco, and other drugs.  Facilitate a Restorative Justice Program as an alternative means of correction per California Education Code 48900.5(b)(6).  Coordinate and facilitate youth programs designed to address the following topics: - Decision-making - Coping Skills - Substance Education - Healthy Relationships  Host Parent/Student Evening Seminars to provide parents and their student an opportunity to develop viable alternatives for alleviating school-related and community related problems.  Provide staff training in Restorative Practices. 2. To continue to work with school administration and community agencies as needed throughout CUSD. DocuSign Envelope ID: CCA8D01E-037D-4B24-A5D1-EB7710ED6A37 Memorandum of Understanding Page 3 D. TERM OF AGREEMENT This Memorandum of Understanding shall remain in effect for the 2022-2023 public school year and may be extended for such length of times as both parties mutually agree to continue this Memorandum of Understanding. The Chief of Police shall have the authority to execute the extension of the Memorandum of Understanding on behalf of the City. However, either party shall have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement. E. SPAN OF CONTROL/JURISDICTION The Juvenile Justice Program Coordinator will collaborate with CUSD regarding the specific programs and interventions to be utilized. Prevention/education/training activities will take place at a CUSD school site and at public meeting places within the community related to the Carlsbad Unified School District activities. F. RESOURCE Resource and local management will be coordinated at: Carlsbad Unified School District, 6225 El Camino Real, Carlsbad, California, 92009, (760) 331-5000. City of Carlsbad Police Department, 2560 Orion Way, Carlsbad, California, 92010, (442) 339-2162. G. COMPENSATION COST Both parties recognize that no monetary compensation will be provided under this MOU. H. CITY EMPLOYEES City employees who perform duties under this agreement are not, for any purposes whatsoever, employees of the School District. I. NO RIGHTS IN THIRD PARTIES This Memorandum is not intended to benefit any third parties, create rights in favor of any third parties, or create a special relationship between any City of Carlsbad employee and any other person. DocuSign Envelope ID: CCA8D01E-037D-4B24-A5D1-EB7710ED6A37 Memorandum of Understanding Page 4 J. LIABILITY AND INDEMNIFICATION Pursuant to Section 895.4 of the Government Code, the City of Carlsbad and Carlsbad Unified School District agree that each will assume the full liability imposed upon it for any of its officers, agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost, or expense that may be imposed upon such other party by the virtue of Sections 895.2 and 895.6 of the Government Code. Carlsbad Unified School District City of Carlsbad By: By: Title: Date: Date: Attest: Approved as to form: Cindie K. McMahon City Attorney By: Deputy City Attorney DocuSign Envelope ID: CCA8D01E-037D-4B24-A5D1-EB7710ED6A37 9/26/2022 Assistant Superintendent 9/26/2022 Tamara R. McMinn