Legal

Legal 

Effective March 30, 2019

Performance Outcome 3.1.   

Identify the federal laws and regulations established for dispatch operations and explain the relationship of the law to dispatch operations.

Training Objective Related to 3.1.

1. Given a written exercise identify the relevant federal law, rules and regulations that govern dispatch operations.

Criteria: The trainee shall be tested on the following:

3.1.1. Identify the purpose of the Communications Act of 1934 relevant to dispatch operations:

3.1.1.1.  Identify the role of the Federal Communications Commission (FCC) 47 U.S.C. § 151

3.1.1.2.  Identify exceptions and exclusions 47 U.S.C. § 222 and 47 U.S.C. § 227.

3.1.1.3.  Define the following terms per 47 U.S.C. § 225:

3.1.1.3.1. Telecommunications Device for the Deaf (TDD)

3.1.1.3.2. Telecommunications relay services

3.1.2. Identify the purpose of the Wireless Communications and Public Safety Act of 1999 (911 Act)

3.1.3. Explain the Americans with Disabilities Act and how it is applicable to emergency call taking:

3.1.3.1. Explain how the ADA criterion of “equal and direct access” applies to TTY call taking

3.1.3.2. Explain how ADA regulations apply to the maintenance and back up capabilities of TTYs

3.1.4. Explain when the Health Insurance Portability Accountability Act (HIPAA) is and is not applicable to dispatching:

3.1.4.1. Define covered entities

            3.1.4.2. Identify exceptions for covered entities

3.1.5.   Identify the purpose of the Federal Privacy Act 5 U.S.C. § 552, and the conditions required for disclosure of information. 

Lesson Plan Guide: The lesson plan shall include the information below and all items in the Criteria Section.

1. Purpose of the Communications Act of 1934.

2. Role of the FCC:

a. Exceptions and exclusions

b. Definitions of TDD and telecommunications relay services

3. Purpose of the Wireless Communications and Public Safety Act of 1999 (911 Act).

4. ADA regulation requires 9-1-1 or other telephone emergency service providers to  provide TTY users with the following:

a. Direct access to 9-1-1.

b. Equal access - An opportunity to benefit from the emergency services that is equal to the opportunity afforded others.

5. Direct access means PSAPs can directly receive TTY calls without relying on an outside Relay Service or third party services:

a. ADA requires PSAPs to have the appropriate equipment to communicate with TTY callers.

b. Direct and Equal access requires PSAPs to use proper procedures and practices when receiving TTY calls.

6. Equal access means that the telephone emergency services provided for TTY users are as effective as those provided for persons who make voice calls. Equal access is measured in terms of:

a. Response Time

b. Response Quality

c. Hours of operation

d. All other features offered to voice callers

7. Telecommunication Relay Services (TRS)-Relay Centers are mandated by Title IV of the ADA and allows people who are deaf, hard of hearing, or speech impaired to use the telephone. TRS services are regulated by the FCC

8. HIPAA:

a. Covered entities

b. Exceptions for covered entities

c. Identify the purpose of the Federal Privacy Act 5 U.S.C. § 552, and the conditions required for disclosure of information. 

Performance Outcome 3.2.

Identify the state laws (Code of Virginia) established for dispatch operations and explain the relationship of the laws to dispatch operations and law enforcement. 

Training Objective Related to 3.2.

1. Given a written exercise identify the relevant state laws affecting dispatch operations.

Criteria: The trainee shall be tested on the following:

3.2.1. Identify the purpose of the Virginia Freedom of Information Act (FOIA) relevant to dispatch operations.

3.2.2. Define the terms identified in § 56-484.12 of the Enhanced Public Safety Telephone Services Act.

3.2.3. Define the term Alternative Method of Providing Call Location Information per § 56-484.19.

3.2.4. Identify the differences between basic, enhanced 9-1-1, and Next Generation 9-1-1 for PSAP and # 77 for State Police telecommunications systems.

3.2.5. Define the terms felonies, misdemeanors, and traffic infractions per § 18.2-8.

3.2.6. Distinguish the difference between criminal offenses, civil violations, ordinance violations and traffic violations.

3.2.7. Identify the purpose and use of the Virginia Criminal Information Network (VCIN).

3.2.8. Identify the purpose of the Missing Children’s Clearing House Act (§ 52-3 et. al).

3.2.9. Identify the purpose of the Virginia Privacy Act § 2.2-3800 et al. Government Data Collection and Dissemination Practices Act and the conditions required for disclosure of information.

Lesson Plan Guide: The lesson plan shall include all items in the Criteria Section.

Performance Outcome 3.3.

Prepare for and testify for a deposition and courtroom testimony.

Training Objective Related to 3.3.

1. Given a written scenario or practical exercise, define relevant terms and identify steps a dispatcher should take to prepare to testify for a deposition and in court. 

Criteria: The trainee shall be tested on the following:

3.3.1. Given a written exercise define relevant terms:

3.3.1.1. Testimony

3.3.1.2. Perjury

3.3.1.3. Suborning perjury

3.3.2. Given a written or practical exercise, prepare for court testimony and/or deposition.

3.3.3. Given a written or practical exercise, demonstrate the characteristics of testifying professionally in court.

Lesson Plan Guide: The lesson plan shall include the information below and all items in the Criteria Section

1. Define relevant terms:

a. Testimony: a formal or written statement that involves taking an oath declaring the individual is telling the truth, the whole truth and nothing but the truth.

b. Perjury:  per § 18.2-434

1. To lie by commission is to tell an untruth

2. To lie by omission is to leave out information relevant to the truthful    presentation of information

c. Suborning perjury: asking another person to lie under oath

2. Preparation for court and deposition testimony:

a. Review notes and reports

1. Notes should only be referred to and not be read into court testimony

2. Time between an incident and court reduces the accuracy of memory.

b. Consult with the Office of the Commonwealth Attorney

c. Review transcript of recording or listen to recording

d. Formulate and articulate the facts

3. Characteristics of professionally presented testimony in court:

a. Dress professionally.

b. Present facts do not make judgments.

c. Answer only those questions asked.

d. Display a calm demeanor.

e. Use proper English skills.

f. Be aware of body language.

g. Use clear and calm voice/ tone in speech.

h. Be truthful, accurate and objective in testimony. There is never an excuse for being other than truthful, accurate and objective in your testimony.

Performance Outcome 3.4.

Identify and determine the validity of legal documents. 

Training Objective Related to 3.4.

1. Given a written or practical exercise identify and determine the existence and validity of legal documents.

Criteria: The trainee shall be tested on the following:

3.4.1. Identify and explain the process for determining the existence and validity of the following legal documents:

3.4.1.1. Arrest warrants (e.g. PB15, Grand Jury Indictments, Military -DD553)

3.4.1.2. Juvenile Detention Orders § 16.1-248.1

3.4.1.3. Capias

3.4.1.4. Subpoena § 19.2-73.2

3.4.1.5. Summons §§ 19.2-73 and 19.2-74

3.4.1.6. Judicial authorization of treatment orders § 37.2-1101

3.4.2. Explain the differences between emergency custody orders, temporary detention orders, and commitment orders for both minors and adults and explain the process for determining the existence, duration/expiration and validity of the orders.

3.4.3. Explain the differences between emergency protective orders, preliminary protective orders, and protective orders issued for family abuse and non-familial abuse and explain the process for determining the existence, duration/expiration and validity of the orders.

3.4.4. Explain the requirements of Full Faith and Credit per §§ 16.1-279.1 (F) and § 19.2-152.10 (F) of the Code of Virginia and the prohibition on possession of firearms as it relates to dispatching.

Lesson Plan Guide:  The lesson plan shall include the information below and all items in the Criteria Section:

1. Identify and explain the process for determining the existence and validity of the following legal documents:

a. Arrest warrants

1. Identify location of arrest warrants.

2. Verify arrest warrants regarding the accuracy of the information on the warrants. A False arrest is a violation of an individual’s constitutional rights. 

a. Name of the accused (and aliases).

b. Date of birth (if known).

c. Social Security Number (if known).

d. If information regarding the name, date of birth, or social security number is lacking, the warrant may provide a description by which the person can be identified with reasonable certainty.

e. Describes the offense (include state or county code)

f. Commands the accused to be arrested (given), and brought before the appropriate Court.

g. Check the warrant to see if it is to be served as an arrest or as a summons (permitted at the officer’s discretion or not permitted).

h. Has a signature - judge, clerk or magistrate are parties authorized to sign  § 19.2-57.

i. Is dated.

b. Juvenile Detention Orders § 16.1-248.1

c. Capias

d. Subpoena § 19.2-73.2

e. Summons §§ 19.2-73 and 19.2-74

f. Temporary Detention Medical § 37.2-1101

2. Explain the differences between emergency custody orders, temporary detention orders, and commitment orders for both minors and adults and explain the process for determining the existence, duration/expiration and validity of the orders:

a. Emergency Custody Order

            1. § 16.1-340 (minor)

2. § 37.2-808 (adult)

b. Temporary Detention Order

            1. § 16.1-340.1 (minor)

2. § 37.2-809 (adult)

c. Order of Involuntary Admission

1. § 16.1-345 (minor) 

2. § 37.2-817 (adult)

3. § 37.2-819 (Prohibition purchase of firearms)

3. Explain the differences between the various types of protective orders issued for family abuse and non-familial abuse and explain the process for determining the existence, duration/expiration and validity of the orders.

a. Protective orders family abuse:

1. § 16.1-253.4 Emergency Protective Order

2. § 16.1-253 Preliminary Protective Order (aka: Temporary)

3. § 16.1-279.1 Protective Order (aka: Permanent/ Final)

b. Protective order non familial:

1. § 19.2-152.8 Emergency Protective Order

2. § 19.2-152.9 Preliminary Protective Order (aka: Temporary)

3. § 19.2-152.10 Protective Order (aka: Permanent/Final)

c. Explain the concept and requirements of Full Faith and Credit as it relates to foreign protective orders per § 16.1-279.1 (F) and § 19.2-152.10 (F) of the Code of Virginia.

d. Identify Brady Act [18 U.S.C. § 922 (d) (8)(A) and (B)] and the four conditions that must be met prior to data entry to mitigate dispatcher liability related to prohibition on possession of firearms.

Performance Outcome 3.5.

Identify factors relevant to dispatcher and emergency communications agencies liability civil/criminal.

Training Objectives Related to 3.5.

1. Identify the different circumstances dispatchers and emergency communication agencies can be potentially held liable.

2. Define and identify the elements of negligence.

3. Define vicarious liability in an employer-employee relationship.

4. Define legal duty (duty to act/implied duty).

Criteria:  The trainee shall be tested on the following:

3.5.1. Identify three different circumstances dispatchers and emergency communication agencies can be potentially held liable:

3.5.1.1. Failure to train

3.5.1.2. Equipment failure

3.5.1.3. Insufficient staffing (e.g. failure to maintain minimum staffing levels)

3.5.1.4. Improperly trained staff

3.5.1.5. Inappropriate and no response to caller

3.5.1.6. Inefficient response to caller

3.5.1.7. Improper, misuse and/or disclosure of confidential information

3.5.1.8. Failure to follow procedure or use of improper or outdated procedures

3.5.1.9. Failure to document and maintain accurate records

3.5.2. Define negligence:

3.5.2.1. Identify the elements of negligence

3.5.2.1.1. Duty

3.5.2.1.2. Breach

3.5.2.1.3. Causation

3.5.2.1.4. Damages

3.5.3. Define vicarious liability in an employer-employee relationship.

3.5.4. Define legal duty (duty to act/implied duty):        

3.5.4.1. Appropriate and timely response            

Lesson Plan Guide: The lesson plan shall include all items in the Criteria Section and the information below.

1. Identify the different circumstances dispatchers and emergency communication agencies can potentially be held liable. (See Criteria Section)      

2. Define and identify the elements of negligence.

a. Negligence – the failure to exercise the standard care that a reasonably     prudent person would have exercised in the same situation (Black’s Law Dictionary).

            b. The elements of negligence include:

1. Duty - A duty arises when the law recognizes a relationship between two parties and due to this relationship, one party has a legal obligation to act in a certain manner toward the other:

Relationships: dispatcher and caller, dispatcher and the public, dispatcher and entity (e.g. business) dispatcher and first responders

Dispatcher’s basic legal obligation to act: receive 911 calls/emergency communications, relay information to first responders, and initiate the appropriate level of response

2.  Breach of duty - A person or entity breaches the duty owed by failing to exercise reasonable care in fulfilling the duty:

Common ways a dispatcher can fail to exercise reasonable care in fulfilling their duties: disregarding a caller’s cry for help, failing to respond, failing to relay information to first responders, failing to follow established procedures, failure to initiate the appropriate level of response

3. Causation -

Cause in fact - the dispatcher’s actions actually caused the individual’s or entities damages.               

Proximate cause – the scope of a dispatcher’s responsibility in a negligence case. A dispatcher in a negligence case is only responsible for those harms that the dispatcher could have foreseen through his or her actions         

4. Damages - The injured person or entity must have suffered damages. The damages are usually a physical injury, loss of life, or destruction/damage to property.

3. Define vicarious liability in an employer-employee relationship.

a. Vicarious liability –Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) because of the relationship between the two. (Black’s Law Dictionary)

1. The employer is responsible for the employee’s negligence if the negligent act is committed by the employee while performing an act that is within the scope of the duties, functions, and responsibilities of his or her employment. 

4. Define legal duty (duty to act):

a. An obligation arising by contract or by operation of law (Black’s Law Dictionary)

1. Dispatcher has a duty to act appropriately and within their scope of training (e.g. traffic accident, or domestic violence incident):   

a. Call taking/dispatching

b. Record keeping/documentation