12400 Central Registry of Substantiated Perpetrators of Adult Abuse, Neglect or Exploitation
Effective July 1, 1997, the Secretary of SRS is required to maintain a registry of substantiated perpetrators of abuse, neglect, exploitation or fiduciary abuse. Names of individual’s substantiated perpetrators cannot be placed on the APS Central Registry until Due Process has been exhausted. Refer to Section 12400. Designated staff in each Region is responsible for placing names of substantiated perpetrators in the registry. The designated staff may not expunge names, this is the responsibility of Central office, see KEESM 12470.
The effective date for placement of a perpetrator’s name on the registry shall be:
When all due process has been exhausted if the finding has been upheld the name of the perpetrator will be placed on the registry. The APS worker shall provide the designated Regional staff the following information:
Accessing Information for the Central Registry of Substantiated Perpetrators
The names of individuals listed in the registry are those on whom a substantiated finding has been made since July 1, 1997. No names are entered in the registry until due process for the perpetrator has been completed.
The Registry is available to any individual who wishes to know if his/her name is on the registry, or to any agency which provides services to adults age 18 or above. Any organization may submit a release of information, ES – 1021 signed by the person on whom the check is being completed.;
Examples of organizations which would provide SRS a signed release include, but are not limited to: State Agencies (KDOA, Health and Environment, KGP); Area Agencies on Aging; Schools; Adult Care Homes; Community Social Service Agencies, Salvation Army and Red Cross for example; Adult Day Care providers; CDDO’s/CSP’s; Mental Health Centers or Mental Health Clinics; Independent Living Centers; Payroll Agencies; Home Health Agencies; HCBS Waiver Recipients who are self-directing their personal care or someone is directing it on their behalf.
APS workers needing to verify a record must do so with the permission of his/her supervisor. The designated staff in the Region responsible for placing names on the registry may verify a name per worker request, with supervisor approval.
12410 Requests for Expungement
After three (3) years a substantiated perpetrator may write to the Secretary of SRS requesting removal of his/her name from the registry. Once a request is received, s/he will receive a questionnaire to complete and submit to the Assistant APS Program Manager. When a request is received and three (3) years has not passed, the perpetrator will receive a letter indicating they are not yet eligible to request expungement.
In addition to the questionnaire provided by the perpetrator, the APS worker/designee responsible for the investigation will provide input as to whether s/he believes the individual should receive expungement. The APS worker/designee may contact the individual to discuss the request and use information to assist in making a recommendation regarding expungement. All documentation provided will be reviewed by a panel and a recommendation will be given to the Secretary regarding the request. The final decision whether to approve or deny the expungement request is at the discretion of the Secretary. Written notification of the decision will be sent to the individual requesting expungement.
Requests from perpetrators for expungement from the registry shall receive a hearing by the review panel once every twelve (12) months.
To ensure HIPPA compliance, all cases accepted for investigation will be retained six (6) years. Effective May 1, 2000, records will be retained or destroyed using the following criteria: