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HomeMy WebLinkAbout7.1 Informational Item on Voluntary Special Needs RegistryCELEBRATING STAFF REPORT CITY COUNCIL DUBLIN CALIFORNIA Agenda Item 7.1 DATE: November 1, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Informational Item on Voluntary Special Needs Registry Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive a report on voluntary special needs registries (SNRs), which function as channels for parents or guardians of community members with special needs to provide the police with information regarding any assistance those persons may require during an interaction with first responders. The City Council received a report on the SNR concept at the June 15, 2021 meeting. This report provides additional information and next steps for establishing an SNR in Dublin. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: The costs associated with the creation and ongoing management of a special needs registry can be absorbed into Dublin Police Services' existing staff workload and budget. DESCRIPTION: Background At the June 15, 2021 meeting, the City Council received an informational report on special needs registries (SNRs). A copy of this report is included for reference as Attachment 1. At the meeting the City Council raised the following additional questions: 1. Who can sign up someone else? How is that verified? 2. How are renewals/removals handled? 3. How are minors, aging out, handled? 4. What are the legal liabilities associated with such registries? Page 1 of 5 275 5. How is information safeguarded? 6. What information solicited is helpful for police officers? 7. What is the threshold for signing someone up? To answer these questions and guide the development of a Dublin Police Services(DPS) SNR, Staff collected information from representatives of the DPS Behavioral Health Unit, Pacifica Police Department, Livermore Police Department, and the National Alliance on Mental Illness (NAMI) Tri-Valley. Staff also spoke with representatives from Axis Community Health, who did not provide feedback on the SNR, but indicated their willingness to help promote it once established. The information below summarizes the responses received. 1. Who can sign up someone else? How ls that verified? Individuals themselves, parents, or legal guardians may enroll a person in the SNR. The verification of parents or guardians can vary. The City of Pacifica makes a "good faith effort" to confirm the person providing the information is a parent or guardian. The City of Livermore requires that if the registered individual is an adult, and they do not provide consent themselves or are unable to provide consent due to their disability, the parent/caregiver must provide legal documentation (conservatorship/court order) to show they have the legal authority to make decisions for the individual. 2. How are renewals/removals handled? Renewals and removals require staff to contact the registered individuals periodically to confirm their information and whether they desire to opt out of the registry. The City of Pacifica contacts the individuals on their list (approximately 25 people) every two years to confirm their addresses or to remove them from the registry. Similarly, the City of Livermore contacts their SNR listees (approximately 40 individuals) annually to check for any updates or to remove individuals who may wish to opt out. Livermore staff advises individuals to provide updates sooner if they are significant, like a change in address, school, or emergency contact. 3. How are minors, aging out, handled? Minors who turn 18 years old while on the registry are removed from the registry, unless they are re -registered under the criteria for adults as described above. This is the current policy for the Livermore SNR. 4. What are the legal liabilities associated with such registries? The City would have an obligation to prevent the unwarranted disclosure of medical information. The California State Constitution protects an individual's rights to privacy in medical records. Specific medical privacy laws, such as HIPAA, apply to health care providers and other covered entities, as defined. While those statutes don't apply to the City directly, the Public Records Act does apply. However, any information prohibited from disclosure under state and federal law is exempt from disclosure under the PRA. Special needs registries need to include acknowledgements and authorizations like the following: Page 2 of 5 276 1 am the lawful and legal parent and/or guardian of the person with special needs listed above: [Name of Individual] Relationship: [Nature of Relationship]. I understand the information provided to the [CITY] Police Department is for law enforcement to have all the necessary information to better handle a situation and that information maybe subject to public records laws, however, special needs are protected under HIPAA laws and will be redacted when necessary. RELEASE OF INFORMATION 1, hereby give my permission for the [City] Police Department to retain and distribute the information contained in this registration form to other first responder personnel for the sole purpose of identification and protection of the person identified above in an emergency or crisis situation. 5. How is information safeguarded? Special needs registry information is maintained on a police department's Computer Aided Dispatch system. These systems contain sensitive personal information, including DMV records, warrants for arrest, child abuse reporting forms, 5150 psychological hold forms, and so on. Access to this information is on a "Need to Know, Right to Know" basis, meaning that such information is only accessible by designated members of a police department. The Department of Justice monitors and audits the use of dispatch systems to ensure their proper usage. Most cities utilize a paper form process for individuals to register on the SNR. These forms can be downloaded online, dropped off in person, or scanned and emailed to an address accessible by the appropriate staff who then upload and maintain the information. Utilizing a digital/web form may have some privacy vulnerabilities whereby other staff members could inadvertently access the information; such forms are not recommended unless the system is directly connected to the dispatch system. Lastly, when sharing information with officers in the field, the dispatchers must utilize encrypted radio channels. This way, individuals with police radio scanners cannot listen to the sensitive SNR information being shared with officers by dispatch. 6. What information solicited is helpful for police officers? The City of Livermore has spent several years developing their Registration Form (Attachment 2), the iterations of which have been guided with local family and medical professional feedback. In addition to this, staff from the Behavioral Health Unit have reviewed this form and advised that historical information pertaining to prior 5150/psychiatric holds, substance use/abuse, and mental health diagnoses for schizophrenia and PTSD would be valuable information for responding officers. Page 3 of 5 277 7. What is the threshold for signing someone up? Staff spoke with a representative from the National Alliance on Mental Illness (NAMI) Tri- Valley to better understand the perspectives of individuals who would potentially utilize a SNR. From their perspective, there is no single, best way to approach the decision to enroll in the SNR as the circumstances around the individual, their relationship with their parent/guardian, and the severity of their mental illness can vary significantly. It is ultimately the prerogative of an individual or their guardian to determine whether participating in the SNR would be in the best interest of the individual. The City should not be involved in the determination of who should or should not be listed on an SNR, but rather provide a voluntary option for those who wish to utilize it. Dublin Special Needs Registry Program Guidelines DPS is proceeding with establishing a voluntary Special Needs Registry. Based on the experience of the agencies this report cites, the program will be designed to include the components discussed above, as well as the following: Uniformity with Livermore's SNR: There may be instances where individuals who reside elsewhere in the Tri-Valley register for a Dublin SNR due to that individual frequenting the City regularly. For example, there may be circumstances where a child has split custody and spends time in Dublin and Livermore. To assist in these situations and provide information uniformity between jurisdictions, the Dublin SNR will utilize the application form from the Livermore SNR with additional components which capture feedback from the DPS Behavioral Health Unit. Registration Processing: Under its current capabilities, the City could not rely on fillable website form because the platform lacks the access controls required for medical information. The Dublin SNR would require individuals to complete a PDF fillable form, which can be emailed to a designated email address by DPS, or a physical form that can be dropped off to DPS. From there, the appropriate DPS staff would verify (if required) and manually input the information into the Dispatch System. Encrypted Radio Required: The Alameda County Sheriff's Office and Dublin Police Services do not currently encrypt all their radio channels but intend to do so in the future. In the meantime, DPS will provide all SNR information to officers in the field by sending it to their vehicle's mobile data terminals rather than relay such sensitive information over the radio. Next Steps Once established, the City will push out information via its social media channels as well as through targeted outreach to the Dublin Unified School District, special needs parents' groups, Axis Community Health, NAMI Tri-Valley, and the Dublin Senior Center. STRATEGIC PLAN INITIATIVE: None. Page 4 of 5 278 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) June 15, 2021 Staff Report on Special Needs Registries 2) Example Registration Form Page 5 of 5 279 Attachment I sus DUBLIN STAFF REPORT CITY COUNCIL Agenda Item 8.1 DATE: .Line 15, 2021 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Informational Report on Voluntary Special Needs Registries Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive a report on voluntary special needs registries. Voluntary special needs registries are designed to provide a channel for parents or guardians of community members with special needs to provide the police with information regarding any special assistance that person may require during a disaster, evacuation, emergency, or interaction with first responders. In those situations, police officers will be able to access the information from a secure database to assist them in the interaction. STAFF RECOMMENDATION: Receive the report and provide direction, as appropriate. FINANCIAL IMPACT: None. DESCRIPTION: Under Item 9 of its May 18, 2021 meeting, the City Council made a request for information on voluntary special needs registries. Background Voluntary special needs registries are designed to provide a channel for parents or guardians of community members with special needs to provide the police with information regarding any special assistance that person may require during a disaster, evacuation, emergency, or interaction with first responders. In those situations, police officers will be able to access the information from a secure database to assist them in the interaction. Parents or guardians can enroll a person of any age with any medical condition, mental health condition, or disability in the registry. Examples of this may include, but are not limited to, Page 1 of 3 280 individuals with Alzheimer's Disease, Dementia, Bipolar Disorder, Autism Spectrum Disorder, Down Syndrome, and Epilepsy. Individuals themselves may proactively enroll in the registry to provide important information in case of an emergency. These registries will typically request the following pieces of information regarding the individual with special needs including: 1. A photograph, description, and contract information for the individual and their parents/guardians/caregivers. 2. Locations the individual is familiar with or frequents. 3. Important details regarding any medical, safety, or behavioral concerns. 4. Any other helpful suggestions to assist officers and first responders when interacting with the individual. This data is stored in a police department's records/information management systems, which dispatchers have access to during a call for service or contacts with individuals who are listed in the registry. This data is typically retained for a period of one or two years, at which time the individual, parent, or guardian will need to resubmit in order to ensure the data in the registry is current. A cursory review of California cities found that at least six cities in California employ some form of a voluntary special needs registry: - Burlingame - Camarillo - Hemet - Irvine - Pacifica - Santa Clarita Analysis The implementation of such a system would require further discussions with the Alameda County Sheriff's Office and Alameda County Information Technology Department. One potential option would be to structure the Special Needs Registry like the City's Personal Security Camera Registration Database. Under this structure, individuals could submit information to the registry via an online form, which would be transferred to Dublin Police Services' (DPS) computer -aided dispatch system. Under this structure, if DPS receives a call for service at a specific address or officers run a check on a specific person, information from the registry could be shared with the responding officer in the field. STRATEGIC PLAN INITIATIVE: None. Page 2 of 3 281 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. Page 3 of 3 282 Attachment 2 LIVERMORE POLICE DEPARTMENT Service with Honor. Protection with Purpose. SPECIAL \EEDS REGISTRY What is the Livermore Police Department's Special Needs Registry? The Special Needs Registry is a program offered by the Livermore Police Department as a service to the community. The purpose of the Special Needs Registry is to compile and maintain person records of individuals who have "special needs" due to mental or neurological disabilities and who reside or frequently visit the City of Livermore, who may require special assistance in an emergency or during interactions with Livermore Police Officers. Residents are invited to proactively provide information about a loved one with special needs of any age. The registration is completely voluntary. How to register To participate in the Special Needs Registry, complete the Special Needs Registry form below and turn it into the Livermore Police Department. Parents and caregivers may enroll a person of any age with any type of medical condition or disability, including but not limited to: Autism Spectrum Disorder, Alzheimer's disease, Dementia, Bipolar Disorder, and Down Syndrome. Adults with special needs may also enroll themselves in the program. If the consumer is an adult, and they do not provide consent themselves, or are unable to provide consent due to their disability, the parent/caregiver will have to show legal documentation (conservatorship/court order) to show they have the legal authority to make decisions for the consumer. What happens once the person is registered? When a police officer has contact with the consumer listed on this form, our dispatch center will be able to provide our officers with the information needed to successfully interact and communicate with your loved one, as well as provide our department personnel with your emergency contact information. Please return this completed and signed form to the Livermore Police Department at the address below, or email it to snr@livermoreca.gov. Page 1 Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 283 LIVERMORE POLICE DEPARTMENT Service with Honor. Protection with Purpose. SPECIAL \EEDS REGISTRY Description of Person with Special Needs First Name: Middle Name: Last Name: Date of Birth: Race: Hair Color: Height: Weight: Scars/Birthmarks/Tattoos/Piercings: Residence Information Home Address: Eye Color: City: Zip Code: Cell Phone Number: Are There Any Weapons/Firearms at this Residence?: Yes ❑ No ❑ If YES, please describe items and where they are located/how they are secured: Parent or Guardian Information First Parent or Guardian Name: Primary Phone: Secondary Phone: Place of Employment: Second Parent or Guardian Name: Primary Phone: Secondary Phone: Place of Employment: Page 2 Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 284 LIVERMORE POLICE DEPARTMENT Service with Honor. Protection with Purpose. SPECIAL \EEDS REGISTRY School Information School Name: School Address: City: Zip Code: School Phone: Disability/ Special Need Primary Diagnosis: Co -Existing Diagnosis: Notes: Information That Might be Helpful to First Responders in The Event of an Emergency Child/Family Member Wandered Before? Yes ❑ No ❑ If So, Where Found? Favorite Places/Locations: Child/Family member attracted to water? Yes ❑ No ❑ If attracted to a specific body of water, which one? Child/Family Member Able to Swim? Yes ❑ No ❑ Child/Family Member Attracted to: Trains ❑ Airplanes ❑ Heavy Equipment ❑ Fire Trucks/Emergency veh. ❑ Child/Family Member Attracted to Roadways/Highways? Yes ❑ No ❑ Child/Family Member Verbal? ❑ Nonverbal? ❑ Reaction When Called by Name? Reaction to Canines or Animals? Reaction to People in Uniform? Response to Being Touched? Reaction to Sirens/Sounds? Reaction to search Aircraft? Reaction to lights? Page 3 Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 285 LIVERMORE POLICE DEPARTMENT Service with Honor. Protection with Purpose. SPECIAL \EEDS REGISTRY Please list any characteristics that are associated with this person: (Examples are sensory issues, specific behaviors (stimming), fears, behavioral triggers, meltdown behavior, physical aggression, past dealings with police, calming strategies that work, etc.) Please be as thorough as possible. Primary method of communication? (words, pictures, device, etc.) Page 4 Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 286 LIVERMORE POLICE DEPARTMENT Service with Honor. Protection with Purpose. SPECIAL \EEDS REGISTRY Favorite Song? Favorite Activity/Sport? Favorite Character/Toy? Knows Parents Names ❑ Home Address ❑ Phone Number ❑ Response to Injury/Pain? Programs Child/Family Member is Associated With: Health/General Condition: Overall Health: Overall Physical Condition: Handicaps/Deformaties/Prosthetics: Sensory Issues: Processing Delay: Medications/Dosages: Medication Side Effects: Page 5 Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 287 LIVERMORE POLICE DEPARTMENT Service with Honor. Protection with Purpose. SPECIAL \EEDS REGISTRY Photo: Do you have a current photo of your child/family member to provide Livermore Police Department, which accurately depicts how they look present day? If so, please attach to form here. Page 6 Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 288 LIVERMORE POLICE DEPARTMENT Service with Honor. Protection with Purpose. SPECIAL \EEDS REGISTRY Emergency Contact Information First Emergency Contact Name: Home Address: City: Zip Code: Phone: Second Emergency Contact Name: Home Address: City: Zip Code: Phone: Please Read and Initial: I am the lawful and legal parent and/or guardian of the person with special needs listed above: Relationship I understand the information provided to the Livermore Police Department is for law enforcement to have all the necessary information to better handle a situation and that information may be subject to public records laws, - F.S.S. Ch. 119 - however, special needs are protected under HIPAA laws and will be redacted when necessary RELEASE OF INFORMATION I, hereby give my permission for the Livermore Police Department to retain and distribute the information contained in this registration form to other first responder personnel for the sole purpose of identification and protection of the person identified above in an emergency or crisis situation. Signature: Date: Please return this completed and signed form to the Livermore Police Department at the address below, or email it to snr@livermoreca.gov. Page 7 Livermore Police Department 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 289 IR4oRE POLICE LIVERMORE POLICE DEPARTMENT Service with Honor. Protection with Purpose. SPECIAL NEEDS REGISTRY Frequently Asked Questions WHO IS ELIGIBLE? The registry has been developed with the intent to serve all members (adult or juvenile) of our community or people who frequent our community who have a "special need" and want to register with the Livermore Police Department. AS SOON AS I REGISTER, WILL THE INFORMATION BE IMMEDIATELY AVAILABLE IN CASE POLICE RESPONSE IS REQUIRED? No. The information provided on the registration form will need to be entered in order to capture all relevant information in our records system. The process may take up to two (2) weeks to be fully processed. An identification card will be issued to the participant and mailed to the address listed in this form. WHO HAS ACCESS TO MY CHILD'S PROFILE? Livermore Police Department personnel who require this information in the performance of their duties will have access to the information. There are strict regulations with respect to accessing and disseminating information. The sharing of this information with other police agencies during an emergency can be helpful when a person is registered in Livermore but wanders off in another jurisdiction. CAN I UPDATE MY PROFILE IF THERE ARE CHANGES? HOW DO I DO THAT? You may, however, only information that has a significant impact on policing response will be necessary. Some examples would include a change in address, school, or emergency contact. You do not need to report a change in hair cut or color, as police are familiar with the changes that can be made and are more likely to notice height, weight and eye color. All changes can be made on a new registry form, which you will then submit to the Livermore Police Department. AFTER MY CHILD/DEPENDENT ADULT IS REGISTERED, AND IF THERE IS AN INCIDENT, DO I NEED TO DO SOMETHING TO NOTIFY THE POLICE? It is preferable that you let the police/dispatcher know that the individual is already registered. In doing so, the information will be immediately disseminated to the responding patrol officers without having to ask the parents/guardians unnecessary questions during a high stress situation. HOW WILL THIS REGISTRY HELP IF MY CHILD/DEPENDENT ADULT GOES MISSING? If the individual goes missing and is reported by the parent/guardian, information about his/her physical appearance, the most likely places where he/she would go to, as well as triggers, stimulants, and de- escalation techniques will be sent to every law enforcement agency in the area to look for the missing person. If the individual has not been reported and is incapable of effectively communicating his/her name when encountered by an officer, a computer check of the neighborhood for individuals registered nearby, coupled with the physical appearance provided, may allow us to identify the individual faster. This will then allow the Livermore Police department to use the contact information on file to reunite the individual with their parents/guardians. Livermore Police Department Page 8 1110 S. Livermore Avenue, Livermore, CA 94550 Main Phone Number (925) 371 4900 290 1/ DUBLIN CALIFORNIA Item 7.1 Informational Item Voluntary Special Needs Registries November 1,2022 291 Background • Follow-up from the June 15, 2021, City Council discussion on this topic. • Special Needs Registries (SNRs) function as channels for parents/guardians of community members with special needs to provide the police with information regarding any assistance those persons may require during an interaction with first responders. Background, 2 1. Who can sign up someone else? How is that verified? 2. How are renewals/removals handled? 3. How are minors, aging out, handled? 4. What are the associated legal liabilities? 5. How is information safeguarded? 6. What information solicited is helpful for police officers? 7. What is the threshold for signing someone up? • Answers and information provided from: — DPS Behavioral Health Unit — Pacifica Police Department — Livermore Police Department — NAMI Tri-Valley • Feedback will help guide the development of a Dublin SNR. -Who can sign up someone else? How is that verified? • Individuals themselves, parents, or legal guardians may enroll a person. — Verification of Parents/Guardians varies from "good faith efforts" to requiring legal documentation to show they have the authority to make decisions for the individual. 2-How are renewals/removals handled? • SNR Staff must contact the registered individuals periodically to confirm their information and whether they desire to opt out. • Contact frequency varies: — Pacifica: Every two years — Livermore: Annually but advises updates sooner if significant changes in provided information. 3-How are minors, aging out, handled? • Minors who turn 18 years old while on the registry are removed, unless they are re- registered under the criteria for adults. 4-What are the associated legal liabilities? • City would have an obligation to prevent the unwarranted disclosure of medical information. — This information would be protected by HIPAA from being disclosed through a Public Records Act Request. • Registration would also include an acknowledgement and authorization for the City to retain and distribute the information in the SNR. 5-How is information safeguarded? • SNR information is maintained on a Police Department's Computer Aided Dispatch (CAD) System which has strict access control measures. • Registration is typically completed on a physical form and dropped off, or an emailed PDF to an inbox with limited access. 5-How is information safeguarded? • Digital/web forms may have some privacy vulnerabilities whereby unauthorized staff could inadvertently access the information. — Not recommended, unless directly connected to the CAD system. • Dispatchers must utilize encrypted radio channels to ensure individuals with police radio scanners cannot listen to sensitive SNR information being shared. 6-What information solicited is helpful for police officers? • City of Livermore has spent several years developing their registration form, the iterations of which have been guided with local family and medical professional feedback. This includes: — Basic contact and background information — Focused questions on known responses/reactions to things/circumstances — Open ended questions on individual characteristics. — Questions to build rapport — Other health/general information 6-What information solicited is helpful for police officers? • DPS Behavioral Health Unit reviewed the form and advises adding historical questions on prior 5150/psychiatric holds, substance use/abuse, and mental health diagnoses for schizophrenia and PTSD (specifically). 7-What is the threshold for signing someone up? • According to \AVII Tri-Valley, there is no single, best way to approach the decision to enroll in the SNR. — The circumstances around the individual, their relationship with their parent/guardian, and the severity of their mental illness can vary. • It's the prerogative of the individual or guardian to determine whether they should participate in the SNR. — The City should not be involved in this determination, but rather provide an option for those who want to use it. Local Program Guidelines • DPS is proceeding with establishing an SNR, based on the information and experiences of the agencies referenced in this report. Uniformity with Livermore's SNR • Individuals in neighboring jurisdictions may enroll in the SNR, due to that individual frequenting the City regularly. • To assist with this and to ensure information uniformity, the Dublin SNR will utilize the Livermore SNR application with additional components which capture feedback from DPS. Registration Processing • Current capabilities limit the City's ability to use a web -based registration form. • Dublin SNR will utilize a Tillable PDF form which can be emailed to a designated DPS email address or printed and dropped off. — Designated DPS staff would then verify (if needed) and manually upload the information. Encrypted Radio Required • ACSO and DPS do not encrypt all their radio channels but intend to do so in the future. • Until that time, DPS will share SNR information to officers in the field by sending it to their vehicles mobile data terminals. Next Steps • Once established, City will push out information through our normal channels and through targeted outreach to DUSD, special needs parent's groups, Axis Community Health, \ANTI Tri-Valley and the Dublin Senior Center. • Costs associated with the creation and ongoing management can be absorbed in existing DPS staff workload and budget. I/ DUBLIN CALIFORNIA Questions? John Stefanski Assistant to the City Manager 308