12300 Conducting The Investigations Of Reports Of Abuse, Neglect, Exploitation And Fiduciary Abuse

 

To ensure the safety and well-being of the involved adult, the APS social worker's professional judgment shall be used throughout the investigation regarding contact with the alleged perpetrator, CEO/designee, collaterals, including Guardian/Conservator (G/C), family, neighbors, medical providers, law enforcement, health department, etc.

 

It is recommended that Regional Offices establish a Memorandum of Agreement with local law enforcement agencies describing conditions under which collaboration will occur.

 

12310 Contacts

 

12311Contacting the Involved Adult

 

  1. Make contact within guidelines on Intake form. Any failure to contact the involved adult within the mandated time frames must be immediately reported to the supervisor and documented in the log. Refer to Section12220, Reasonable Efforts to Determine Safety.

    NOTE: The investigation will not be late if two attempts for a personal visit within mandated time frames are unsuccessful. (Example: unable to locate the involved adult.)
     

  2. Interview the involved adult. If the involved adult has a legal guardian and/or conservator, contact the guardian and/or conservator to coordinate contact with the adult, unless the guardian/conservator is the alleged perpetrator.  If the guardian and/or conservator is the alleged perpetrator, refer to section 12313.
     

  3. Assess the risk of the involved adult.
     

  4. The APS social worker should attempt to obtain a written release (use ES-1003) from involved adult or their guardian to receive/review relevant records maintained by others.
     

12312 Contacting Collaterals - Obtain information relevant to the incident by making contact with collaterals if warranted.

 

12313 Contacting the Alleged Perpetrator -Contact with the alleged perpetrator shall be made unless doing so puts the involved adult at further risk, or the involved adult requests the alleged perpetrator not be contacted, and the alleged perpetrator is not employed as a caregiver to others. Any inability to contact the alleged perpetrator shall be documented in the log. Notify the involved adult that we must notify law enforcement if we believe crime has occurred. Contacting the alleged perpetrator shall be done by regular mail using the ES-1023.  If there is no response from the initial letter, a second attempt shall be made using certified mail.  Document in the case log the tracking number from the certified receipt label. Two documented attempts to contact the alleged perpetrator by mail will be considered due diligence.

 

NOTE: APS can use the written report of the law enforcement investigation to make a finding if APS cannot interview the perpetrator.

 

Perpetrators Who Are Minors - When the alleged perpetrator is under 18 years of age, written permission must be obtained from the parents/GC for the alleged perpetrator to be interviewed. The parents/GC may request to be present during the interview(s). The ES-1008 and all forms (e.g., Corrective Action Plan) shall be sent to the alleged perpetrator in care of the parents/GC. The parents and/or GC must sign the CAP, and the Fair Hearing Request if the alleged perpetrator appeals a confirmed finding.

 

NOTE: If the alleged perpetrator is contacted, he/she shall be informed of the allegation and his/her rights, using the ES-2003 brochure, "What Happens If You Are Accused of Abuse, Neglect, Exploitation or Fiduciary Abuse". This communication shall occur as part of the initial contact phase, and providing the brochure to the alleged perpetrator shall be documented in the case log.

 

12320 SRS Licensed Facility or Agency- based Investigations -SRS facility investigations follow the same guidelines and time frames as community investigations. Facilities licensed by SRS include: Residential Care Facility (RCF), Community Service Provider (CSP), Community Mental Health Centers, Affiliated Community Mental Health Service Providers, Private Psychiatric Hospitals (does not include psychiatric wings in a local community hospital which are licensed by KDHE).

 

Exception: Deaths of individuals receiving services from a provider are investigated under the following conditions:

 

  1. If an individual dies while receiving services from a provider, an APS investigation shall be made when the PI field staff has reason to believe the death occurred as a result of neglect by the provider and an APS investigation is warranted for the protection of other consumers. The PI field staff shall notify the provider that an APS referral will be made and shall make a report (verbal or written) to PRC staff. A joint investigation with designated facility or agency staff may be made. Refer to 12340 regarding joint investigations. Prior to sending written notification of a confirmed finding to the provider, the APS social worker shall consult with the SRS Regional Attorney and/or Central Office APS attorney and APS program manager.

     

  2. An APS investigation shall be made if a report is received from family, staff, etc., who suspects abuse or neglect by the facility staff.

 

12330 Investigations in SRS Institutions - SRS Institutions are Kansas Neurological Institute, Larned State Hospital, Osawatomie State Hospital, Parsons State Hospital and Training Center and Rainbow Mental Health Facility. Designated staff in these institutions will conduct the investigations according to their Risk Management procedures. APS statutes and timeframes and Due Process for the alleged perpetrators shall be followed. When Due Process for the alleged perpetrator has been completed, the institutions will notify the Central Office APS Program Manager to place the names of confirmed perpetrators on the registry. All documentation remains at the institutions.

 

After three years the confirmed perpetrator may write a letter to the SRS Secretary requesting removal of his/her name from the registry, explaining the reasons why his/her name should be removed from the Central Registry. Documentation to substantiate reasons for expungement may be included. Review of Requests for Expungement for perpetrators confirmed by the institutions shall be the responsibility of the SRS Institutions. The staff and administrator(s) responsible for the investigation and finding will review the confirmed perpetrator's material and submit a written recommendation to an Expungement Panel, designated by the Director of the Institution. The panel will review all the documentation submitted in the case and make a recommendation to the Director of the Institution. The Director will send written notification of the decision to confirmed perpetrator. The Central Office APS Program Manager will receive written notification when expungements are granted in order to remove the name from the APS Central Registry.

 

12340 Joint Investigations With Law Enforcement - When a report of adult neglect, adult abuse, exploitation or fiduciary abuse indicates:

 

  1. That there is serious physical injury to or serious deterioration or sexual abuse or exploitation of the adult; and
     

  2. That action may be required to protect the adult, the investigation may be conducted as a joint effort between the Department of Social and Rehabilitation Services and the appropriate law enforcement agency or agencies, with a free exchange of information between such agencies. Upon completion of the investigation by the law enforcement agency, a full report shall be provided to the Department of Social and Rehabilitation Services. K.S.A. 39-1443(b)

 

12350 Coordination of Investigations by County or District Attorney - If a dispute develops between agencies investigating a reported case of adult abuse, neglect, exploitation or fiduciary abuse, the appropriate county or district attorney shall take charge of, direct and coordinate the investigation. APS must document in case log the reason for dispute. K.S.A.39-1443(c)

 

NOTE: APS can use the written report of the law enforcement investigation to make a finding if APS cannot interview the perpetrator.