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Adult Protective Services Fact Sheet
March 2008
What Will APS Do When a Report is Received?
The Statewide Registry of Confirmed Perpetrators
Adult Protective Services works with other local agencies to help adults at risk. These adults may be unable to protect themselves from harm. If you think an adult might be at risk, you can get help for them by calling the Kansas Protection Report Center HOT LINE at: 1-800-922-5330. Telephones are staffed at this center 24 hours a day, including holidays.
Out of state reporters must call 1-785-296-0044, and request to be called back if they wish to avoid the cost of the call. The names of persons who report suspected abuse, neglect, or exploitation of fiduciary trust are confidential and cannot be released without the written consent of the person making the report, or a judicial proceeding. If there is an emergency, contact your local law enforcement agency or call 911.
Adult Protective Services (APS) responds to reports of abuse or neglect of adults. Intervention actions are taken to safeguard the well being and general welfare of adults in need of protection. Intervention is available to adults age 18 and above who are unable to protect themselves. This includes those who have physical, emotional, or mental impairments. These impairments may limit their ability to manage their personal, home, or financial affairs.
The APS program helps those adults who need help in dealing with abusive, neglectful or exploitive situations. Those who are most frail, dependent, and socially isolated are most at risk. Adult Protective Services Social Workers provide protective services to these adults, with their consent. This service is provided for adults who reside:
- in the community
- in facilities licensed or certified by Social and Rehabilitation Services in adult care homes and other facilities licensed by the Kansas Department on Aging – when the perpetrator is not a resident or staff of the facility
When the alleged perpetrator is not a resident or employee of the facility or those residents or employees of a hospital or long term care unit or hospital skilled nursing facility licensed by Kansas Department of Health and Environment, the APS program is not responsible for investigations. Home Health Agencies are the responsibility of Kansas Department of Health and Environment to investigate unless the caregiver is providing services to HCBS clients. APS investigates those caregivers providing services to HCBS clients.
The intent of Adult Protective Services is to protect the most vulnerable adults from harm while safeguarding their civil liberties.
Adult: individual age 18 or older who are alleged to be unable to protect their own interests and who are harmed or threatened with harm through action or inaction by either another individual or themselves.
Abuse: any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm, including: infliction of physical or mental injury; sexual abuse; unreasonable use of physical or chemical restraints, isolation, or medications; threats or menacing conduct; fiduciary abuse or omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness.
Neglect: failure or omission by one’s self, caretaker or another person to provide goods or services which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness.
Exploitation: misuse of an adult’s property or intentionally taking unfair advantage of an adult’s physical or financial resources.
Fiduciary Abuse: occurs when any person who is the caretaker of, or who stands in a position of trust to an adult takes, secretes or appropriates their money or property to any use or purpose not in the due and lawful execution of the adult’s trust.
"Abuse, neglect, exploitation, and fiduciary abuse" are terms describing a wide range of potentially harmful situations. These situations can result from intended or unintended actions by a caregiver, friend or relative, as well as the adult.
The Kansas statute (K.S.A. 39-1431) requires the following persons to report suspected abuse, neglect, exploitation or fiduciary abuse immediately to either Social and Rehabilitation Services or Law Enforcement:
- any person licensed to practice any branch of the healing arts
- a licensed psychologist
- a licensed master level psychologist
- a licensed clinical psychotherapist
- the chief administrative officer of a medical care facility
- a teacher
- a licensed social worker
- a licensed professional nurse
- a licensed practical nurse
- a licensed dentist
- a licensed marriage and family therapist
- a licensed clinical marriage and family therapist
- a licensed professional counselor
- a licensed clinical professional counselor
- a registered alcohol and drug abuse counselor
- a law enforcement officer
- a case manager
- a guardian or conservator
- a bank trust officer or any other officers of financial institutions
- a rehabilitation counselor
- a holder of power of attorney
- a legal representative
- a governmental assistance provider
- an owner or operator of a residential care facility
- an independent living counselor
- a chief administrative officer of an adult family home
- a chief administrative officer of a licensed home health agency
- a chief administrative officer of a provider of community services and affiliates thereof operated or funded by the Department of Social and Rehabilitation Services or licensed under K.S.A. 7503307b and amendments therto
It is a class B misdemeanor for a mandatory reporter to knowingly fail to report if they suspect a vulnerable adult is being neglected, abused, or exploited.
Any other person who suspects or believes abuse, neglect or exploitation should also report it.
Immunity of Reporter
Those who report suspected abuse, take part in any follow-up activity or who testify in any administrative or judicial proceeding as a result of the report are immune to any civil or criminal liability unless the reporter made a malicious report. The statute prohibits an emp
Confidentiality of Reporter
The name of the reporter or any person mentioned in the report will not be disclosed without the reporter’s permission in writing, or through court order.
Telephone the local Social and Rehabilitation Services (SRS) agency (to find the location nearest you, click on Locations in the banner at the top of this page) or call the APS in-state toll-free hotline at 1-800-922-5330. Out of state reporters may call 1-785-296-0044 and request to be called back, if they wish to avoid the cost of the call. The hotline is staffed twenty-four hours a day, seven days a week. Reports can also be made to local law enforcement or in the case of an emergency dial 911.
Report the name and address of the adult suspected of being abused, neglected, exploited, or financially abused. Give your name and how to contact you. Add any information you think might be helpful in the investigation and protection of the adult. This includes addresses, telephone numbers and directions to the home(s) of relatives, caretakers, the alleged perpetrator(s), risk factors to the adult or social worker - i.e., violence, guns, dogs, etc.
Give information about the nature of the concern. Please be specific about the abuse, neglect, exploitation, or fiduciary abuse allegation, including whether you think the adult is in immediate danger. Please also include what you saw, how long you believe it has been occurring, when you last saw the adult, who is the alleged perpetrator.
What Will APS Do When a Report Is Received?
- Initiate a personal visit with the adult within 24 hours up to five
working days depending on the risk of imminent danger to the individual.
- With the adult's consent, interview the alleged perpetrator
if one has been named.
- Interview collaterals when appropriate (service providers, relatives,
neighbors, etc.).
- Discuss with the adult, guardian, conservator, and/or caretaker what
actions are needed.
- With the adult’s consent, and as appropriate,
develop service plans.
- Discuss with the adult ways to prevent or reduce further and future
harm.
- With the adult’s consent, help in locating
services which are necessary to maintain physical or mental health:
i.e., legal services, medical care, appropriate living arrangements,
assistance in personal hygiene, food, clothing, adequately heated and
ventilated shelter, protection from maltreatment, and transportation.
- Provide advocacy to assure protection of personal rights.
- Involuntary intervention (i.e. guardianship or conservatorship) will
be initiated only if the adult is incapable of protecting him/herself
due to major mental and physical disability and there are no other options.
- Services provided will include only those that are determined to be
needed to protect the adult in the least restrictive manner.
- After due process, enter the names of confirmed perpetrators of abuse, neglect, exploitation, or fiduciary abuse on a central registry of confirmed perpetrators that is available to agencies which provide services to adults age 18 and above.
The Statewide Registry of Confirmed Perpetrators of Adult Abuse, Neglect, Exploitation or Fiduciary Abuse
SRS maintains a statewide registry identifying, after due process, persons involved in confirmed cases of abuse, neglect, exploitation or fiduciary abuse of adults. The statute allows anyone wishing to know if his or her name is on the registry to submit a request for a registry check. SRS must have a signed Release of Information form (this is a PDF form that you must print after completing, cannot save) before a request for a registry check can be processed.
Home
and Community Based Services - Frail and Elderly
Kansas Department on Aging
Adult
Care Homes Licensing and Inspection
For other services or to find the Social and Rehabilitation Office or an Access Point nearest you, use the links at the end of this page.
Page Updated: May 28, 2008