Kansas Economic and Employment Support Manual

12000 Adult Protective Services

07-09

12230 Determination of Community or Facility or Agency Based Report -

Determine whether the investigation is a community or facility or agency based report when the involved adult is receiving services from a facility or agency licensed by SRS.
 

NOTE: Consumer-to-consumer abuse reports are screened out and referred to the the Performance Improvement Regional field staff (PI staff) via ES-1001 unless information provided in the report indicates possible neglect by agency staff, such reports shall be screened in.
 

  1. If the abuse, neglect, exploitation (ANE) occurs at a place or time for which the agency is providing services (residential or work/day services), it is an agency-based investigation.

  1. If the agency provides work/day services, but the ANE occurs at the family home where the involved adult lives, it would not be an agency investigation.
     

  2. If the involved adult receives residential services, regardless of what the residence looks like (group home, apartment, small home, etc.) and the ANE occurs at that involved adult's home, it would be an agency investigation. If in doubt, follow the safest process/time lines and/or ask the CDDO or the PI field staff about the involved adult's status.

  1. Send copies of ES-1000 and ES-1001 on all agency-based reports that have been screened in or out as soon as the screening has been completed to:

  1. The MH Field Staff (or the SRS Area Office Licensing Specialist) for agencies serving persons who are mentally ill.
     

  2. The PI field staff for agencies serving persons who are mentally retarded or persons with developmental disabilities.

This is to note any trends in the number of reports and to take preventive action with the provider for the protection of adults.

  1. Notify facility or agency CEO of Report of Abuse, Neglect, or Exploitation

When screening is completed, unless the APS social worker has cause to believe such notification will interfere with or jeopardize the ANE investigation, the supervisor/designee shall send a copy of the ES-1001, Screening Report, with a cover letter or memo to the CEO/Designee as written notification that a report has been received and screened in or out. Only the consumer's name is revealed.
 

Neither the name of the alleged perpetrator nor the name of the reporter shall be revealed.

 

Exceptions to notifying the CEO shall be made on a case-by-case basis, in consultation with APS Supervisors/Designee. (Example: if law enforcement instructs APS staff not to notify the CEO in order to prevent obstructing a criminal case.) Refer also to 12300.

12231 Determination of Assistance Needed -

Determine, when possible, if assistance is needed from law enforcement, the county health department or other collaterals prior to the initial visit with the involved adult.
 

  1. When the reporter indicates that the involved adult is in a life endangering situation or the Adult Protective Service worker may be in danger, law enforcement should be contacted to accompany the worker. K.S.A. 39-1435
     
  2. When the report is of a medical issue that will require the knowledge and expertise of a medical person contact an RN consultant and/or pharmacist at central office for consultation (call Health Care Policy 785-296-3981). The county health department or home health agency may be contacted to request assistance. These agencies are not mandated to provide assistance with investigations.
     
  3. Limited English Proficiency (LEP) - In a guidance from the U.S. Department of Health and Human Services, dated August 8, 2003, the following information is provided: "Department of Health and Human Services regulations, 45 CFR 80.3(b)(2), require all recipients of federal financial assistance from HHS to provide meaningful access to LEP persons. ...Recipients of HHS assistance may include, for example, ...public and private contractors, subcontractors, and vendors. ...Subrecipients likewise are covered when federal funds are passed through from one recipient to a subrecipient. Coverage extends to a recipient's entire program or activity, i.e., to all parts of a recipient's operations. This is true even if only one part of the recipient receives the federal assistance."

    In compliance with the above, SRS will provide meaningful access to services for LEP persons which are equal to those provided to other consumers. For those persons who may have difficulty understanding or communicating in English, SRS will provide translation and interpretation in the preferred language. Interpretation will be preformed by trained or tested, competent individuals. Translations of SRS documents and forms will be provided by our contractor. For information about how to obtain translated material, contact The Central Office Limited English Proficiency Access Coordinator at 785-296-3349 or the Regional LEP contact person. Minor children will not be used to translate or interpret, even at the request of a parent.

    Procedures for obtaining interpreter in your Region can be provided by the Regional LEP contact person. A list of contacts can be found on the intranet under "Regional Policy and Task Contacts" link on the SRS Net home page.

    For a link to more information on LEP, go to the EES intranet site and click on "Policy and Procedures".

 

12232 Other Tasks

 

  1. Check KAECSES or other appropriate regional/local office files to determine if the involved adult is a current consumer of funding or Social Services.
     
  2. A separate case shall be opened and an individual consumer file shall be maintained on adult protective service reports and investigations.

 

Revised 07/2009