Kansas Economic and Employment Support Manual

12210 Screening Reports -

The PRC social worker/designee shall complete the ES-1001, Adult Protective Services Screening Report to determine whether or not the report will be investigated.  Reports shall be screened within four (4) hours of being received.

1. Reports are to be screened in when information indicates that:

1. the involved adult is unable to protect his/her own interest;
    

2. the involved adult resides in his/her own home, the home of a family member or friend, an adult family home, or a residential facility licensed by SRS; or receives services through a provider of community services and affiliates operated or funded by SRS or KDOA; or is a resident of an adult care home and is abused, neglected, exploited or fiducially abused by a person residing in the community; AND:
    

3. the allegations meet the statutory definitions of abuse, neglect, exploitation, or fiduciary abuse.

2. All screened-in reports of abuse neglect, exploitation or fiduciary abuse in CDDO's and their affiliates are to be investigated whether or not the involved adult is present. This is to insure that appropriate action is taken by the community service provider to eliminate the risk for other individuals receiving services. See #4 below.
    

3. Reports which occurred in the past. The APS statutes do not specify a deadline for reporting or investigating for APS. The PRC social worker/designee should consider the following factors:
    
   1. how long ago the incident occurred;
       
   2. whether or not law enforcement has been notified and/or;
       
   3. whether or not an attorney has been contacted regarding legal remedies available to the involved adult.
       
4. Reports are to be screened out when information indicates at least one of the following:

1. the involved adult is not an adult at risk, and there is no indication the adult is unable to protect his/her own interests
    

2. The report is of domestic violence and the victim is not elderly or disabled.
    

3. There is no credible reason to suspect abuse, neglect, exploitation, or fiduciary abuse has occurred.
    

4. The allegations do not meet the statutory definitions of abuse, neglect, exploitation, or fiduciary abuse.
    

5. There is no indication of a need for protective services.
    

6. The alleged incident has already been investigated.
    

7. It is a malicious or spite report.
    

8. The involved adult is deceased and did not receive services from a CDDO or their affiliate, unless the investigation began before the victim's death, even though the victim was not interviewed. Collaterals or alleged perpetrator were interviewed or other documentation obtained. Refer to Section 12360.

9. SRS does not have the authority to investigate.
    

10. it was a consumer to consumer incident in a CDDO/affiliate, and there is no indication of neglect by agency staff.
     

11. The first face-to-face interview reveals inaccurate information and no need for investigation. Attach case logs to the screening form and screen out within seven days of face-to-face interview.

5. If a report indicates alleged criminal activity may have occurred, immediately notify local law enforcement usingES-1019A.
    

6. When a report regarding an alleged criminal offense has been reported to law enforcement, the PRC social worker/designee shall notify law enforcement that SRS will not conduct an investigation relating to the criminal offense, but will do an APS investigation and offer protective services. Check with law enforcement to ensure SRS involvement does not hamper the criminal case. Consult the SRS regional attorney and document all contacts with law enforcement regarding disposition of the report. Do not complete the screening (using forms ES-1000 & ES-1001) unless/until a need for an investigation is established.

   
    

7. When a report regarding an alleged criminal offense has been reported to law enforcement, the supervisor or designee shall notify law enforcement that SRS will not conduct an investigation relating to the criminal offense, but will do an APS investigation and offer protective services. Check with law enforcement to ensure SRS involvement does not hamper the criminal case. Consult the SRS area attorney and document all contacts with law enforcement regarding disposition of the report. Do not complete the screening (using forms ES-1000 & ES-1001) unless/until a need for an investigation is established.
    

12220 Response Time -
 

K.S.A. 39-1433. In establishing time frames for a personal visit with the involved adult and due dates for findings, the time frame for clock hours and working days is calculated differently. Voice Mail and Hotline Reports are to be counted beginning the day the reports are retrieved. Refer to Section 12150, for "Report", as defined by statute. The term "personal visit" is quoted directly from the statute and refers to the first face-to-face interview with the involved adult.
 

NOTE: Refer to Section 12311, Contacting Involved Adult, when attempts to have two personal visits within the mandated time frame are unsuccessful the contact is not considered to be late.
 

Examples:
 

1. Clock Hours - A report is received at 4:55 p.m. Thursday evening and the report involves imminent danger, (24 CLOCK HOURS). The personal visit with the involved adult must be completed no later than 4:55 p.m. Friday. If the report is received at 4:55 p.m. Friday, the deadline is 4:55 p.m. Saturday. Count the day the report is received (Intake date) as day one when determining response time and due date for finding.
    
2. Working Days - For working days, count the day after the report is received as day one (Intake date) when determining response time and due date for finding.

Meeting time frames may create over-time situations for APS Social Workers and these should be dealt with in accordance with SRS Personnel regulations.

The following is from K.S.A. 39-1433 (A), (B), and (C). Make a personal visit within:
 

1. Twenty-four (24) clock hours if the involved adult's health or welfare is in imminent danger.
   
   “Imminent danger “ –  means a substantial probability that a vulnerable adult is in immediate risk of death or serious physical harm, through either their own action or inaction, or as a result of the action or inaction of another person.
    
2. Three (3) working days if the involved adult has been abused but is not in imminent danger.
    
3. Five (5) working days if the involved adult has been neglected or exploited and there is no imminent danger.
    

12221 Reasonable Efforts to Determine Safety

1. SRS shall make a reasonable effort to determine the safety of an adult alleged to be unable to protect their own interest.
    

   A personal face-to-face visit with the adult must be made in order to determine the adult's safety. Telephone or letter contact is not sufficient. If information from an authorized collateral is used to ascertain safety, a personal visit must be made by the collateral.  An authorized collateral may be an SRS employee, a law enforcement officer, or in reports of fiduciary abuse/financial exploitation occurring in a facility with no other allegation (abuse, or neglect), an authorized collateral may be the facility Director of Nursing or administrator.  Reasonable effort is made if the worker attempted to contact the adult in a location where it is reasonable to expect the adult to be found. If the adult is located, a personal visit must be made within the response time set. Two attempts must be made to satisfy the reasonable effort requirement. Either (1) two attempts within the response time set, OR (2) at least one attempt within the response time set and a second attempt by the closed of business the next working day for a "24 hour" response time, or 3 working days of the initial attempt of any "3 days" response time, or within 5 working days of the initial attempt of any "5 day" response time.

    

   Allowable reasons for not determining the safety of an adult within the response time include:
    

   • Cannot locate the adult despite reasonable efforts;
     
     
   • Contact made by an authorized collateral;
      
   • Adult left the state;
     
     
   • Adult hospitalized;
      
   • Referred to law enforcement and SRS has been directed not to proceed by the county/district attorney or law enforcement;
      
   • Adult refuses visit or to cooperate;
      
   • Appointments were scheduled but the person(s) failed to keep appointment; or
      
   • Act of God (weather, road conditions).
      

   If unable to determine the safety of the adult within the response time, document the reason(s) the contact was not made and the attempt(s) to locate adult (date and results). Attempts to contact the adult and determine safety are documented in the case activity log.
    

   NOTE: Allowable reasons apply only to whether time line requirements can be met. If the person to be interviewed can be located or made available, the investigation should be carried out. (Example: The adult missed a scheduled appointment causing the personal visit to be delayed but the investigation will continue.)
    

   SRS should honor a request from a law enforcement agency not to take action which would interfere with a criminal investigation. Such request however, does not relieve SRS or the law enforcement agency of the responsibility to determine the safety of an adult as possibly abused, neglected, or exploited. If the timing of the investigations cannot be resolved, the county/district attorney should be contacted.