HomeMy WebLinkAboutVIII-22 (a,b) Embedded Social Worker with Dakota County City Council Memorandum
To: Mayor Fasbender and City Council Members
From: David Wilske, Chief of Police
Date: December 16th, 2024
Item: Law Enforcement and Social Services Embedded Social Worker JPA
Council Action Requested:
Approve the JPA’s for Management Control and Embedded Social Worker between City of Hastings and
Dakota County Social Services
Background Information:
The purpose of the Embedded Social Worker Model is to continue the partnership with a coordinated
response to address increased law enforcement involvement in calls for service that may require the
need for services and programs offered by County. The implementation will take place utilizing a Mental
Health Social Worker position. In this model a Social Services mental health social worker works closely
with an assigned police officer to provide follow-up, service coordination and crisis stabilization services
following a mental health crisis event. Crisis follow-up services link residents to other short- and long-
term support services and are an essential component of an effective crisis services continuum. There
are two JPA’s; one for management control with Dakota County Sheriff’s Office to complete
backgrounds on social workers and one JPA for the Embedded Social Worker.
The attached agreements have been reviewed and approved of by City Attorney, Korine Land.
Financial Impact:
None
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Joint Powers Agreement - Management Control
• Joint Powers Agreement – Embedded Social Worker
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DC County # - CLA20578
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City of Hastings – CLA20578 Template – Custom
JOINT POWERS AGREEMENT
BETWEEN CITY OF HASTINGS AND DAKOTA COUNTY
FOR SOCIAL SERVICES EMBEDDED SOCIAL WORKER & PUBLIC SAFETY
THIS JOINT POWERS AGREEMENT ("JPA" or “Agreement”) is made and entered into this agreement
January 1st, 2024, (“Effective Date”) by and between the City of Hastings, by and through its City Council and
Police Department, 150 3rd St. E Hastings, MN 55033, a Minnesota municipal corporation ("City") and Dakota
County, by and through its Community Services Department ("DCCS"), 1 Mendota Rd. W., West St. Paul, MN
55118, a Minnesota municipal corporation (hereinafter "County") (hereinafter collectively referred to as the
“Parties”).
RECITALS
WHEREAS, pursuant to the provisions of Minn. Stat. § 471.59, City and County are authorized to enter into
an agreement to exercise jointly or cooperatively governmental powers common to each and to permit one
governmental entity to perform services or functions for or with another governmental unit; and
WHEREAS, mental health crisis response is required to be provided by City and County in accordance with
applicable federal, and state, laws, statutes, rules and regulations; and
WHEREAS, the City desires to receive services available through Dakota County Community Services
Department (“DCCS”) to assist people who need mental health crisis services on a prompt basis to protect their
health, safety, and welfare; and
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the laws of the State of
Minnesota.
WHEREAS, County is entering into agreements similar to this Agreement with other cities in Dakota
County and for convenience, “City” or “Cities” herein shall mean the City of Hastings, unless the context clearly
notes otherwise.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed, by and
between the parties as follows:
AGREEMENT
1. PURPOSE.
The purpose of the Embedded Social Worker Model is to implement a more coordinated response by the Parties
to address increased law enforcement involvement in calls for service that may require the need for services and
programs offered by County. The implementation will take place utilizing a Mental Health Social Worker position. In
this model a Social Services mental health social worker (“Social Worker”), licensed as a mental health professional
as defined under Minn. Stat. § 245.462, subd. 18, works closely with an assigned police officer to provide follow-
up, service coordination and crisis stabilization services following a mental health crisis event. Crisis follow-up
services link residents to other short-term and long-term support services and are an essential component of an
effective crisis services continuum.
2. TERM.
This Agreement shall commence on the Effective Date written in the initial paragraph of this Agreement through
12:00 A.M. on December 31, 2026, unless terminated in writing. This Agreement may be terminated with or without
cause by either the City or County upon ninety (90) days' written notice to the other party to this Agreement.
Notwithstanding the above, the City may immediately terminate this Agreement at any time if the health, safety, or
welfare of any person receiving services or entitled to receive services under this Agreement is at risk because of
the actions or inaction of County.
3. AUTHORIZED REPRESENTATIVE.
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The named persons, in the positions stated below, or their successors in title, are designated the Authorized
Representatives of the Parties for purposes of this Agreement. Notifications required to be provided by the terms
of this Agreement and invoices, if any, to be submitted and payments made shall be provided to the following named
persons unless otherwise stated in this Agreement:
TO COUNTY: TO CITIES:
Marti Fischbach David Wilske, Chief of Police
Community Services Director Hastings Police Department
Marti.Fischbach@co.dakota.mn.us DWilske@hastingsmn.gov
(651) 554-6560 (651) 480-2332
4. COUNTY'S RESPONSIBILITIES.
In addition to other duties specified in this Agreement, the County hereby agrees to:
A. Provide the Social Worker positions, as staffing availability allows, which may include individual(s) licensed
as a Mental Health Professional (Minn. Stat. § 245.462, subd. 18), Social Worker, or Coordinator, who will
have the following duties and responsibilities:
1. Provide over-all administration, coordination and assessment;
2. Serve as a resource to City employees, such as command staff, public safety officers and support staff,
on all mental health related issues effecting the community, including supporting citizens experiencing
from substance use disorder and/or homelessness;
3. Educate the City’s Law Enforcement personnel on mental health crisis and emergency services offered
by Dakota County Social Services (“DCSS”), including the roles and responsibilities of the 24 hour,
seven days a week, Crisis Response Unit (“CRU”) and on-going mental health services, crisis
continuum and available programs;
4. Educate the City’s Law Enforcement personnel on other services and programs offered by County that
could benefit individuals/households who come into contact with the City’s Law Enforcement personnel;
5. Respond, when available and assistance is requested, with Law Enforcement to a mental health crisis
or emergency, consistent with roles and responsibilities defined in Minnesota Statute § 256B.0624, and
in coordination with the DCSS's 24 hours, seven days a week, CRU.
6. Coordinate with Law Enforcement in providing a timely follow-up contact with the individual/household
after a crisis/emergency mental health call or crisis intervention to educate on resources offered by
DCSS in accordance with Minn. Stat. §§ 256B.0624;
7. Assist Law Enforcement in outreach to determine if the individual/household is interested in voluntarily
working with DCSS mental health professionals and Law Enforcement in developing a mental health
crisis response plan accessible through the CRU 24/7 in an emergency as permitted by Minn. Stat. §
13.46, subd. 2(a)(10);
8. Coordinate with Law Enforcement in providing a timely follow-up contact with the individual/household
to determine if the individual/household is interested in and/or eligible for other services and programs
offered through County or other community-based organizations, including networking outreach to
potential community resources and service providers;
9. Create procedures to guide work for the duration of the JPA;
10. Implement evaluation pursuant to Section 8; and
11. Coordinate with Embedded Social Work partners in other jurisdictions.
B. Provide necessary resources to support the Social Workers with equipment and training to facilitate work
activities.
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C. Facilitate connection and "warm handoffs" to the various services and programs within County and to
community resources and service providers.
D. Maintain a database of evaluation data and report summary data to all cities with similar agreements.
E. Participate in meetings between Dakota County cities with similar agreements and County staff members
to review the services provided pursuant to the Agreement.
F. Supervise all Social Workers provided under the terms of this Agreement.
5. CITIES' RESPONSIBILITIES.
In addition to other duties specified in this Agreement, the City hereby agrees to:
A. Identify and dedicate one or more public safety officers and resources to:
1. Work with the Social Worker for administration, coordination and assessment;
2. Coordinate education of City’s public safety officers and other Law Enforcement staff about the JPA
and DCCS programs and services including the role and responsibilities of the CRU;
3. Educate and train the Social Worker and any other participating DCCS staff on Law Enforcement's
response to crisis and emergency service calls, including the role and responsibilities of Law
Enforcement;
4. Identify individuals/households to the Social Worker who may benefit from follow up;
5. Work with the Social Worker, the CRU and DCSS mental health professionals to provide timely follow-
up with the individual/household as provided in Section 4;
6. Work with the Social Worker, the CRU and DCSS mental health professionals to develop the crisis
response plan as provided in Section 4;
7. Work with the Social Worker to create procedures to guide work for the duration of the JPA;
8. Work with the Social Worker to provide information for evaluation pursuant to Section 8; and
9. Provide Social Worker with a work space, office equipment and necessary internet and other
connections needed to perform job duties.
6. JOINT RESPONSIBILITIES.
The Parties hereby jointly agree to:
A. Meet regularly during the term of the JPA to review and evaluate performance objectives and provide
guidance to staff.
B. Facilitate relationship-building with community agencies, treatment providers, Community Corrections,
hospitals and community-based service providers to enhance understanding and reduce barriers to
providing services to individuals with complex service needs.
C. Attend and/or organize relevant trainings conducted by DCCS or other agencies.
D. Commit to training on policy and procedures for the JPA and for use of the CRU.
E. Attend joint project meetings convened to discuss countywide trainings and programs.
7. STEERING COMMITTEE OVERSIGHT AND IMPLEMENTATION.
The JPA activities described in Sections 4, 5 and 6 will be monitored by a Steering Committee comprised of the
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DCSS Director or Deputy Director, and Chief of Police from the City. One additional member from each of the
Dakota County Police Departments participating with a similar Agreement with the County shall be designated by
each jurisdiction to participate in the Steering Committee; others may be invited to attend meetings and assist with
collaborative planning, implementation, and evaluation activities. The role of the Steering Committee is to provide
strategic vision, structure and oversight of the JPA. The responsibilities of the Steering Committee include:
A. To provide strategic oversight for the JPA, including defining scope, priority, desired results and key
deliverables;
B. To serve as advocates for the JPA, garnering support, removing obstacles, and resolving escalated issues;
C. To obtain and allocate resources to support the design, implementation and evaluation of the JPA
throughout its duration;
D. To provide feedback and decisions in response to recommendations from the system stakeholders;
E. To monitor and evaluate JPA progress;
F. To designate key subject matter experts, as needed, to support specific components of the JPA planning,
design or operations; and
G. To designate staff to oversee and manage day-to-day activities and implement the strategic operations of
the JPA;
8. EVALUATION.
The JPA will be evaluated according to an evaluation design, that is collaboratively developed by the Parties. DCCS
will have the lead role in collecting and presenting summary data to the parties along with a briefing of JPA activities
due no less than on the last day of the month following the end of each full year term with quarterly reports made
available upon request.
9. INDEPENDENT CONTRACTOR.
It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship
of agents, partners, joint ventures, or associates between the Parties hereto or as constituting either City or County
employees as employees of the other party for any purpose or in any manner whatsoever. City and County are
acting as independent contractors under this Agreement and neither it nor its employees, agents, or representatives
are employees of the other party.
10. LIABILITY AND INDEMNIFICATION.
A. County and City agree to indemnify, defend and hold harmless the other, its officers, agents and employees
against any and all liability, loss, costs, damages, claims or actions its officers, agents or employees may
hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the
indemnifying party, its officers, agents, or employees, in the execution, performance or failure to adequately
perform its obligations pursuant to this Agreement.
B. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be
and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed
a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section
471.59, subd. la provided further that for purposes of the statute, each party to this Agreement expressly
declines responsibility for the acts or omissions of the other party. Each party also specifically intends that
the single tort cap limits specified for cooperative agreements under Minn. Stat.§ 471.59, subd. la, or as
such statute may be amended or modified from time to time, shall apply to this Agreement and to the
activities of the parties hereunder. The statutory limits for the parties may not be added together or stacked
to increase the maximum amount of liability for either party.
C. Each party to this agreement shall be liable for their acts of their own officers, employees, and/or agents
and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other
party, its officers, employees, and/or agents. It is understood and agreed the provisions of the Municipal
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Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties' acts
or omissions. Each party warrants they can comply with the indemnity requirements through an insurance
or self-insurance program and each has minimum coverage consistent with the liability limits contained in
Minn. Stat. Ch. 466.
D. Each party to this agreement shall assume all risks of harm or injury to person or property that may occur
during the course of duty. DCSS staff who choose to ride with an officer while on duty for this program may
be involved in a high speed chase, assaultive or life-threatening situations, and similar circumstances which
may put staff in peril.
With knowledge of the risks of harm or injury which may occur as a result of riding with an officer and the
assumption of those risks, riders agree to hold the City harmless and waive any and all claims for any injury,
harm or disability which may be incurred as a result of being a passenger. This contract of liability does
not include any injuries, harms or disabilities that incurs as a result of intentional misconduct by the City, its
agents or employees. This assumption of risk and indemnification is specifically binding on spouses, heirs
and assigns. To the extent a claim under Minnesota workers compensation statute 176 can be asserted,
said claim is not subject to this agreement.
11. NON-ASSIGNABILITY.
County shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by
subcontract, assignment or novation, without the prior written consent of City.
12. EQUAL EMPLOYMENT OPPORTUNITY.
County agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and
executive orders pertaining to unlawful discrimination because of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, sexual orientation, disability, or age. When required by law
or when validly requested by City, County shall furnish a written affirmative action plan.
13. WORKPLACE VIOLENCE PREVENTION.
County shall make all reasonable efforts to ensure its employees, officials and subcontractors do not engage in
violence, as defined by the Dakota County Policy 5517 Violence Prevention in the Workplace, while performing
under this Agreement.
14. DATA PRACTICES.
A. Data Privacy and Security. The Parties will comply with all applicable data practices laws, including but
not limited to the Minnesota Government Data Practices Act (“MGDPA”), Minn. Stat. Ch. 13 and the
Minnesota Rules implementing the MGDPA, as amended, as well as any applicable state or federal laws
on data privacy and security. The Parties are mindful that when exchanging private data only the minimum
necessary data will be provided.
All data created, collected, received, stored, used, maintained, or disseminated by the Parties in the
performance of their roles and responsibilities are subject to the requirements of the MGDPA, the Minnesota
Rules implementing the MGDPA, as amended, as well as any applicable state or federal laws on data
privacy and security.
This paragraph is required by the MGDPA and includes the remedies set forth in Minn. Stat. § 13.08.
B. Health Information and Chemical Dependency Data. If applicable, the Parties agree to comply with the
requirements of the Health Insurance Portability and Accountability Act ("HIPAA") and the Health
Information Technology for Economic and Clinical Health Act ("HITECH") and any other applicable state or
federal law. This includes health data laws, including the Minnesota Health Records Act, Minn. Stat. §§
144.291-.298, and 42 CFR Part 2 Confidentiality of Alcohol and Drug Abuse Patient Records. The City and
County further agree that they will appropriately safeguard Protected Health Information (defined in 45 CFR
160.103), and shall comply with the provisions of 45 CFR 164, Subpart E regarding use and disclosure of
Protected Health Information.
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C. Records. Each party is responsible for maintaining, securing, and managing its own records. The records
will be maintained in accordance with each party's applicable record retention schedule. The Parties will
work cooperatively to ensure any reporting requirements under this agreement are fulfilled.
D. Obtaining and Sharing Information. All necessary Tennessen Warning notices, consents, releases, and
authorizations shall be obtained prior to the collection, release, exchange, or discussion of not public data,
as that term is defined in Minn. Stat. § 13.02, subd. 8a, unless such data collection, release, exchange, or
discussion is otherwise permitted by law or court order.
E. Data Storage. As part of the roles and responsibilities of the Social Worker, data related to DCCS functions
as defined by statute will be documented in the Social Services Information System (SSIS) or other County
approved electronic approved health record.
The terms of this Section shall survive the termination or expiration of the Agreement and/or Partnership.
15. COMPLIANCE WITH APPLICABLE LAW.
County and City agree to comply with all federal, state and local laws or ordinances, and all applicable rules,
regulations, and standards established by any agency of such governmental units, which are now or hereafter
promulgated insofar as they relate to its performance of the provisions of this Agreement. It shall be the obligation
of County and the City to apply for, pay for, and obtain all permits and/or licenses required by any governmental
agency for City or County's participation in this JPA.
16. AUDIT.
Under Minn. Stat. § 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of
the Parties are subject to examination by City or County or designees, the State Auditor or the Legislative Auditor,
as appropriate, for a minimum of six (6) years from the date of termination of this Agreement.
17. STANDARD OF CARE.
In performing the services under this Agreement, the Parties will use that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the
services are provided. No warranty, express or implied, is made or intended by the Parties undertaking herein or
its performance of its services.
18. NO THIRD-PARTY BENEFICIARY.
This Agreement, including, but not limited to, the indemnification provisions, is for the benefit of the Parties only and
does not create, nor is it intended to create, any benefit or liability to third parties.
19. AMENDMENTS.
Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be valid only after it has
been reduced to writing and duly signed by both parties.
20. WAIVER.
A waiver by either City or County of any breach of this Agreement shall be in writing. Such a waiver shall not affect
the waiving party’s rights with respect to any other or further breach.
21. INTERPRETATION OF AGREEMENT; VENUE.
This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation
regarding this Agreement shall be venued in the appropriate state or federal district court in Dakota County,
Minnesota.
22. ENTIRE AGREEMENT.
This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or
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written negotiations, communications, understandings, and agreements relating to the subject matter hereof.
23. NOTICE/REPRESENTATIVES.
The County and City have designated the following representatives to receive notices and have the authority to
transmit instructions, receive information, interpret and define the Parties’ policies and decisions in the
administration of this Agreement:
CITY: David Wilske
Chief of Police
Hastings Police Department
150 3rd Street East
Hastings, MN 55033
(651) 480-2332
DWilske@hastingsmn.gov
COUNTY: Marti Fischbach
Community Services Director
Dakota County
1 Mendota Road W, Suite 500
West St. Paul, MN 55118
(651) 554-6560
Marti.Fischbach@co.dakota.mn.us
24. ELECTRONIC SIGNATURES.
Each party agrees the electronic signatures of the parties included in this Contract are intended to authenticate this
writing and to have the same force and effect as wet ink signatures.
[The remainder of this page is intentionally left blank]
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IN WITNESS THEREOF, the Parties have caused this Agreement to be executed.
CITY OF HASTINGS COUNTY OF DAKOTA
By: _________________________ By: _________________________
Name: Mary Fasbender Name: Marti Fischbach
Title: Mayor Title: Director
Date: _________________________ Date: _________________________
Attest Approved as to form:
By: _________________________ By: _________________________
Name: Kelly Murtaugh Name: Paul Beaumaster
Title: City Clerk Title: Assistant County Attorney
Date: _________________________ Date: _________________________
KS: _________________________
Board
Resolution:
24-472___________________
Contract
Number:
CLA20578_________________
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DC Contract: CLA20556
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City of Hastings - CLA20556 Custom JPA
MANAGEMENT CONTROL AGREEMENT
BETWEEN DAKOTA COUNTY SOCIAL
SERVICES DEPARTMENT, DAKOTA COUNTY
SHERIFF’S OFFICE, AND CITY OF HASTINGS
FOR EMBEDDED SOCIAL WORKER JOINT
POWERS AGREEMENT
THIS MANAGEMENT CONTROL AGREEMENT (“MCA”) is made and entered into by and between the Dakota
County Social Services Department (“DCSS”), the Dakota County Sheriff’s Office (“DSCO”) and the City of
Hastings, through its Police Department (“Agency”).
WHEREAS, DCSS has entered into a Joint Powers Agreement with the “Agency for DCSS employees to
provide assistance for people who need mental health crisis services on a prompt basis to protect their health,
safety, and welfare (the “JPA”); and
WHEREAS, DCSS is a non-criminal justice agency; and
WHEREAS, DCSS employees may have access to Criminal Justice Information within the control of
Agency in the performance of its duties under the JPA; and
WHEREAS, Criminal Justice Information refers to all data necessary for the Agency or other law
enforcement agency to perform their mission, which includes, but is not limited to, identity history, biographic,
and case/incident history data; and
WHEREAS, DCSO has agreed to set, maintain, and enforce the standards for the selection, supervision,
and termination of DCSS personnel’s access to DCSO’s Criminal Justice Information and agrees to do the same
on behalf of Agency; and
WHEREAS, the Federal Bureau of Investigation Criminal Justice Information Services Security Policy
(“CJIS Security Policy”) requires that when criminal justice functions, regardless of location, are performed by
a non-criminal justice agency, there must be a management control agreement with a criminal justice agency;
and
WHEREAS, DCSS wishes to enter into this MCA with the DCSO and Agency, which are both criminal
justice agencies.
ACCORDINGLY, DCSS, DCSO, and Agency agree as follows:
1. Based on the above provisions and pursuant to the CJIS Security Policy requirements, it is agreed that
with respect to administration of that portion of the computer systems and network infrastructure
interfacing directly or indirectly with the State of Minnesota’s Bureau of Criminal Apprehension Criminal
Justice Data Communications Network for the interstate exchange of criminal history/criminal justice
information:
a. The Agency shall have the authority, via managed control, to set, maintain, and enforce:
i. Priorities; and
ii. Policy governing operation of justice systems, computers, access devices, circuits,
hubs, routers, firewalls, and any other components, including encryption, that
comprise and support a telecommunications network and related criminal justice
systems to include but not limited to criminal history record/criminal justice systems
information guaranteeing the priority, integrity, and availability of service needed by
the criminal justice community; and
iii. Restriction of unauthorized personnel from access or use of equipment accessing
the State of Minnesota Bureau of Criminal Apprehension Criminal Justice Data
Communications Network; and
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iv. Compliance with all rules and regulations of the DCSO policies and CJIS Security
Policy in the operation of all information received.
b. The DCSO shall have the authority, via managed control, to set, maintain, and enforce the
standards for the selection, supervision, and termination of DCSS personnel’s access to
Criminal Justice Information in Agency’s possession.
2. Responsibility for management of security control of the criminal justice function shall remain with the
Agency, as required by the CJIS Security Policy.
3. This MCA covers the overall supervision of Agency systems, applications, equipment, systems design,
programming, and operational procedures associated with the development, implementation, and
maintenance of any Agency system to include NCIC (National Crime Information Center) Programs
that may be subsequently designed and/or implemented within the Agency.
4. This MCA may be executed in one or more counterparts, each of which shall be deemed to be an
original, but all of which together shall be deemed to constitute one and the same agreement.
5. This MCA shall be in full force for the term of the JPA.
IN WITNESS WHEREOF, the undersigned governmental units have caused this MCA to be executed on the
date so indicated.
Dakota County Sheriff’s Office (DCSO) Hastings Police Department (Agency)
By: ___________________________________ By: _____________________________
Joe Leko, Dakota County Sheriff Name: ___________________________
Date: _________________________________ Title: ____________________________
Date: ____________________________
Dakota County Social Services Department (DCSS)
By: ___________________________________ Approved as to form for County of Dakota:
Marti Fischbach, Community Services Division Director _________________________________
Date: _________________________________ Attorney / Date
File Number: ______________________
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