12430 Confirmed Findings – Confirmation, Due Process and placement of confirmed perpetrator names on the Adult Abuse, Neglect, and Exploitation Central Registry is for individuals only – excluding persons confirmed of self neglect.  No facility agency names can be placed on the registry and no findings can be made against an a facility agency.


  1. 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.  The notice shall be sent by regular and Certified mail, on the same day.  Document the tracking number for the receipt in the case log.


    1. the APS worker shall send a copy of the ES-1008, and page one (1) of the ES-1000 to the Attorney General for all confirmed findings of abuse, neglect and exploitation (does not include self-neglect) within ten (10) days of  a confirmed finding.

      Forward a copy to the CFS social worker for youth 18 and older in SRS custody.  Refer to Section 12201. 

      NOTE: When both the Return Receipt for the Notice, and the letter sent by regular mail is returned unclaimed, the APS worker may contact the local SRS fraud investigator or send a memo to the Central Office Chief Investigator at SRS Legal, Docking State Office Building, for assistance locating a current address.  They should also be contacted if the APS worker cannot obtain information required for placement of name(s) on the Central Registry following due process (e.g. date of birth, social security number).


    2. include the KEESM Manual reference for reason for the decision and a brief explanation of the basis for the decision.

       

    3. if the alleged perpetrator appeals the decision, notify the Regional Attorney and follow procedure for Due Process.  Upon receipt of a copy of the decision by the Presiding Officer, complete a copy within five (5) working days the Memo Notification Regarding Outcome of Fair Hearing (ES-1008.2).  Check the appropriate space and place in file. 


    4. notification to the involved adult and/or Guardian/Conservator.  Refer to Section 12420 (3).


    5. if a Corrective Action  Plan (CAP) is to be initiated, check both the Confirmed and the CAP spaces on the notice, and write in the date for completion of the CAP.  Send a copy to the alleged perpetrator, and guardian/conservator, if applicable, by both Certified mail, and regular mail on the same day.  Document the tracking number from the receipt in the case log.

      Refer to Section 12430 (5) (b) and follow instructions.
      Refer to Section 12201 for youth age 18 and older in SRS custody.

       

  2.  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 term, "Confirmed."
         
    2. A copy of the memo is to be forwarded to the QA field staff.
       
    3. If the perpetrator appeals and the Hearing Officer reverses the SRS finding, send another copy of the memo to both the CEO and the QA field staff. Write "Amended" in the top right hand corner.
       
  3. Summary to the PI 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.
     
  4. Use the ES-1020, "Report to State Regulatory Authority From Adult Protective Services Regarding Finding of Abuse Neglect or Exploitation" to forward any finding of abuse, neglect, exploitation or fiduciary abuse alleged to have been committed by a provider of services licensed, registered or otherwise authorized to provide services in this state to the appropriate state authority which regulates such provider. The appropriate state regulatory authority may consider the finding in any disciplinary action taken with respect to the provider of services under the jurisdiction of such authority. K.S.A.39-1433(b).

    Send the ES-1020 report upon completion of the investigation and making the finding within five working days.
     

    NOTE: If an appeal reverses the confirmed finding, send written notification to the regulatory agency. Document in case log and place copy of the letter in case file.

     

  5. 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.  
    3. multiple involved adults with a single perpetrator.

    4. reports with multiple allegations

12440 Corrective Action Plans (CAP) - Corrective Action Plans shall not be offered to alleged perpetrators employed by a CDDO/Affiliate or to alleged perpetrators who are paid providers through Medicaid. This includes HCBS Waiver attendants and employees of CDDO/Affiliates, Adult Family Homes and Residential Care Facilities.
 

A CAP may be offered to alleged perpetrators who do not fall into the above categories and the finding would be confirmed if a CAP was not implemented and successfully completed. Refer to Section 12443, Responsibilities of the APS Worker Regarding the CAP.
 

A Corrective Action Plan shall be offered on a case by case basis, after consulting the supervisor, or Central Office APS Program Manager, or Regional/Central Office SRS Attorney.

 

12441 Criteria to Determine CAP - The incentive for the alleged perpetrator to fulfill the CAP goal(s) is that his/her name is not placed on the APS Central Registry. Criteria to determine whether a CAP shall be offered include the following:
 

  1. Intent: Was the ANE or fiduciary abuse willful or meant to cause injury or harm?
     
  2. Extenuating Circumstances: Clearly a deviation from usual behavior. Did the ANE or fiduciary abuse occur because of frustration, exhaustion, grief, lack of knowledge or training, or no other options?
     
  3. Severity of the abuse, neglect, exploitation or fiduciary abuse.
     
  4. Family history of abuse, neglect, exploitation or fiduciary abuse with the involved adult and other adults or children and the ability of the alleged perpetrator to resolve differences.
  5.  
  6. Is the alleged perpetrator remorseful, shows a need or willingness to change the behavior?
     
  7. Does the involved adult have the capacity to make choices?
     

12442 Procedures for Writing a Corrective Plan - Corrective Action Plans are individualized, written with input from the alleged perpetrator.
 

  1. Designate a timeframe for completion of the CAP, not to exceed the maximum timeframe of six (6) months.
     
  2. Identify unmet needs.
     
  3. It shall be the alleged perpetrator’s responsibility to provide the APS worker with written documentation that all items have been successfully completed.
     

12443 ES-1009 Report (Notice to Termination of Action) - Responsibilities of the APS worker regarding the CAP include the following:
 

  1. If the CAP is successfully completed by the alleged perpetrator send a copy of the notice within five working days to the alleged perpetrator by both certified mail (Return Receipt Requested) and regular mail on the same day and check the appropriate space indicating successful completion of the CAP, and his/her name will not be placed on the Central Registry. A copy of the notification of successful completion shall also be forwarded to the ANE unit in the Attorney General’s office at the same time notification is sent to the alleged perpetrator.
     
  2. If the CAP is not completed, send a copy of the notice within five working days of agreed upon date of completion by both certified mail (Return Receipt Requested) and regular mail on the same day and check the space indicating unsuccessful completion of the CAP, and placement of his/her name on the APS Central Registry as a confirmed perpetrator subject to Due Process. A copy of the notification of unsuccessful completion shall also be forwarded to the ANE unit in the Attorney General’s office at the same time notification is sent to the alleged perpetrator.
     
  3. Keep a copy of the CAP in the file, and document all contacts, letters, etc., accomplished by the alleged perpetrator in the case log.
     
  4. For individuals not successfully completing the CAP and timely requesting a fair hearing, follow the procedure for Due Process in KEESM 12500. If the individual does not request a fair hearing, refer to KEESM 12521 for confirmed findings and placement on Central Registry.