Kansas Economic and Employment Support Manual

12400 CASE DECISIONS AND CORRECTIVE ACTION PLANS

12410 Findings on Alleged Perpetrator(s) of Adult(s) Residing in the Community and/or Facilities or Receiving Services from Agencies Licensed by SRS - All case decisions/findings shall be staffed with the APS Supervisor/designee and a finding shall be made within (30) working days of receiving the report [K.S.A. 39-1433 (a)(3).] The findings shall be Confirmed or Unconfirmed. The definitions of these findings are listed in Section 12150 under Findings.

If the alleged perpetrator is licensed, registered or otherwise regulated by a state agency, such state agency also shall be notified upon completion of the investigation or sooner if such notification does not compromise the investigation. K.S.A. 39-1433 (3). Consult with Regional Attorney prior to notifying the State Agency.

A finding of abuse, neglect, exploitation or fiduciary abuse can be made without an identified perpetrator.

The standard of evidence to be applied to all case decisions/findings is "more likely than not." "More likely than not" constitutes a preponderance of evidence and is a higher standard than "reasonable grounds to believe." According to Black's Law Dictionary, the word "preponderance" denotes a superiority of weight or outweighing. By definition, a "preponderance of evidence" requires one to look at both sides of an issue and then believe the evidence that "outweighs" or "produces the stronger impression." A preponderance of evidence may be described as being "51% sure" that something is so.

EXCEPTIONS:

• If conducting the investigation within 30 working days would interfere with an ongoing criminal investigation, the time period for the investigation shall be extended, but the investigation and evaluation shall be completed within 90 working days. If a finding is made prior to the conclusion of the criminal investigation, the investigation and evaluation may be reopened and a new finding made based on any additional evidence provided as a result of the criminal investigation. K.S.A. 39-1433 (a)(3).
   

• Late for Good Cause: If the social worker requires documentation from a collateral to complete the investigation, e.g., document from law enforcement, banks, medical sources and has not received it within 30 working days. Document reason for delay in the case log.
  
  NOTE: The social worker shall have made timely efforts to obtain documentation during the investigation and documented these timely efforts in the case log.
   

12420 Unconfirmed Findings and Case Decisions
 

1. APS Database (Formerly ES-1004 Adult Abuse, Neglect, or Exploitation Investigation Report) – The  APS worker or designated staff shall complete and input all data into the database within 10 working days of completing the investigation and making a finding.  Do NOT submit a paper report to Central Office.

   Separate database reports shall be entered for:
    
   1. Single involved adults with multiple perpetrators.
       
   2. Multiple involved adults with a single perpetrator.
      
      
   3. Reports with multiple allegations.
   
    
2. Notice of Agency Decision ( ES-1008) - The APS worker shall send a Notice of Agency Decision to the alleged perpetrator within five (5) days of completing the investigation and making a finding. Refer to 12420.
   
   Exception: Do not send an ES-1008 to the alleged perpetrator if he/she was not contacted regarding the allegation involved adult’s choice or safety issues OR the allegation was self-neglect. No ES-1008 reports are sent (unconfirmed or confirmed) if the case involved self-neglect. Refer to 12430 (2)(a).
   
   The Guardian/Conservator of an alleged perpetrator shall receive a copy of the Notice of Agency Decision if an interview took place.
    
   1. The APS shall complete and send a copy of the notice to the alleged perpetrator indicating Unconfirmed. The ES-1008 shall be sent within three working days of completing the investigation and making a finding. For Unconfirmed Findings only, the notice may be sent regular mail instead of certified mail. Document in the case log how the notice was mailed to the alleged perpetrator.
       
   2. Include the manual reference and a brief explanation of the basis for the decision. 
       
   3. A copy of the ES-1008 shall be forwarded to the CFS Social Worker for youth 18 years and older in SRS custody. Refer to Section12201
       
3. Notification to the Involved Adult and/or Guardian/Conservator -The APS worker shall notify the involved adult and/or his/her guardian of the finding. The APS worker shall use professional judgment based upon the involved adult's capacity as to whether notification is made to him/her by personal visit, telephone or letter, excluding allegations of self-neglect. Document notification in case log.
   
   EXCEPTION:Do not send a copy of the written notification to the involved adult if the alleged perpetrator lives in the same place. If the alleged perpetrator lives in the same household, has access to and reads the involved adult's mail and notification places the involved adult in jeopardy. The APS worker shall consult with APS supervisor and Regional attorney as appropriate, and the reason for not notifying the involved adult must be documented.
    
4. Notification to the Alleged Perpetrator - The notice must always be sent to the alleged perpetrator, (and their guardian/conservator, if applicable) when interviewed or when confirmed as a result of a police report or other documentation.
   
   

   EXCEPTION:  If the alleged perpetrator lives in the same household, has access to the involved adult and notification places the involved adult in jeopardy, the APS worker shall consult the APS supervisor/designee and Regional attorney regarding providing notification to the alleged perpetrator.

   
    
5. Memo Notification to Facility Regarding APS Finding (ES-1016) - The name of the alleged perpetrator is not to be released under any circumstances, regardless of the finding(s).
    
   1. The memo shall be sent to inform the CEO of the facility or agency where the ANE occurred, within five (5) working days of the completion of the investigation and finding, and shall include:
       
      1. A summary of the allegation, including the facts gathered to support the finding.
          
      2. The Manual definition of the case decision for Unconfirmed.
          

      Provide a copy of the memo to the PI field staff responsible for licensing/certifying that facility.
      

6. Summary to the  PI field staff - A summary may be sent to the PI field staff if the APS worker has other issues of concern uncovered during the investigation which were not fully described on the ES-1000, ES-1001, or ES-1016 forms.

    

   Revised 07/2008