Kentucky Statutes 209.030 – Administrative regulations — Reports of adult abuse, neglect, or exploitation — Cabinet actions — Status and disposition reports
Current as of: 2024 | Check for updates
|
Other versions
(1) The secretary may promulgate administrative regulations in accordance with KRS Chapter 13A to effect the purposes of this chapter. While the cabinet shall continue to have primary responsibility for investigation and the provision of protective services under this chapter, nothing in this chapter shall restrict the powers of another authorized agency to act under its statutory authority.
(2) Any person, including but not limited to physician, law enforcement officer, nurse, social worker, cabinet personnel, coroner, medical examiner, alternate care facility employee, or caretaker, having reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation, shall report or cause reports to be made in accordance with the provisions of this chapter. Death of the adult does not relieve one of the responsibility for reporting the circumstances surrounding the death.
(3) An oral or written report shall be made immediately to the cabinet upon knowledge of suspected abuse, neglect, or exploitation of an adult.
(4) Any person making such a report shall provide the following information, if known: (a) The name and address of the adult, or of any other person responsible for his
care;
(b) The age of the adult;
(c) The nature and extent of the abuse, neglect, or exploitation, including any evidence of previous abuse, neglect, or exploitation;
(d) The identity of the perpetrator, if known;
(e) The identity of the complainant, if possible; and
(f) Any other information that the person believes might be helpful in establishing the cause of abuse, neglect, or exploitation.
(5) Upon receipt of the report, the cabinet shall conduct an initial assessment and take the following action:
(a) Notify within twenty-four (24) hours of the receipt of the report the appropriate law enforcement agency. If information is gained through assessment or investigation relating to emergency circumstances or a potential crime, the cabinet shall immediately notify and document notification to the appropriate law enforcement agency;
(b) Notify each appropriate authorized agency. The cabinet shall develop standardized procedures for notifying each appropriate authorized agency when an investigation begins and when conditions justify notification during the pendency of an investigation;
(c) Initiate an investigation of the complaint; and
(d) Make a written report of the initial findings together with a recommendation for further action, if indicated.
(6) (a) The cabinet shall, to the extent practicable, coordinate its investigation with the appropriate law enforcement agency and, if indicated, any appropriate authorized agency or agencies.
(b) The cabinet shall, to the extent practicable, support specialized multidisciplinary teams to investigate reports made under this chapter. This team may include law enforcement officers, social workers, Commonwealth’s attorneys and county attorneys, representatives from other authorized agencies, medical professionals, and other related professionals with investigative responsibilities, as necessary.
(7) Any representative of the cabinet may enter any health facility or health service licensed by the cabinet at any reasonable time to carry out the cabinet’s responsibilities under this chapter. Any representative of the cabinet actively involved in the conduct of an abuse, neglect, or exploitation investigation under this chapter shall also be allowed access to financial records and the mental and physical health records of the adult which are in the possession of any hospital, firm, financial institution, corporation, or other facility if necessary to complete the investigation mandated by this chapter. These records shall not be disclosed for any purpose other than the purpose for which they have been obtained.
(8) Any representative of the cabinet may with consent of the adult or caretaker enter any private premises where any adult alleged to be abused, neglected, or exploited is found in order to investigate the need for protective services for the purpose of carrying out the provisions of this chapter. If the adult or caretaker does not consent to the investigation, a search warrant may be issued upon a showing of probable cause that an adult is being abused, neglected, or exploited, to enable a representative of the cabinet to proceed with the investigation.
(9) If a determination has been made that protective services are necessary when indicated by the investigation, the cabinet shall provide such services within budgetary limitations, except in such cases where an adult chooses to refuse such services.
(10) In the event the adult elects to accept the protective services to be provided by the cabinet, the caretaker shall not interfere with the cabinet when rendering such services.
(11) The cabinet shall consult with local agencies and advocacy groups, including but not limited to long-term care ombudsmen, law enforcement agencies, bankers, attorneys, providers of nonemergency transportation services, and charitable and faith-based organizations, to encourage the sharing of information, provision of training, and promotion of awareness of adult abuse, neglect, and exploitation, crimes against the elderly, and adult protective services.
(12) (a) By November 1 of each year and in accordance with state and federal confidentiality and open records laws, each authorized agency that receives a report of adult abuse, neglect, or exploitation shall submit a written report to the cabinet that provides the current status or disposition of each case referred to that agency by the cabinet under this chapter during the preceding year. The Elder Abuse Committee established in KRS § 209.005 may recommend practices and procedures in its model protocol for reporting to the cabinet under this section.
(b) By December 30 of each year, the cabinet shall provide a written report to the
Governor and the Legislative Research Commission that summarizes the status of and actions taken on all reports received from authorized agencies and specific departments within the cabinet under this subsection. The cabinet shall identify any report required under paragraph (a) of this subsection that is not received by the cabinet. Identifying information about individuals who are the subject of a report of suspected adult abuse, neglect, or exploitation shall not be included in the report under this paragraph. The report shall also include recommendations, as appropriate, to improve the coordination of investigations and the provision of protective services. The cabinet shall make the report available to community human services organizations and others upon request.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 132, sec. 3, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 370, sec. 2, effective July 15, 1998. — Amended 1980 Ky. Acts ch.
372, sec. 3, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 370, sec. 3, effective June 17, 1978. — Created 1976 Ky. Acts ch. 157, sec. 4.
Legislative Research Commission Note (7/15/98). The amendment to this statute proposed in the introduced version of House Bill 652 was deleted in the House Committee Substitute that was adopted and became 1998 Ky. Acts ch. 370; no changes to the existing statute were left in that Act as enacted.
Legislative Research Commission Note (11/9/93). Prior references to the “department” in this statute were changed to “cabinet” pursuant to 1982 Ky. Acts ch. 393, sec.
50(5), and KRS § 7.136(2).
(2) Any person, including but not limited to physician, law enforcement officer, nurse, social worker, cabinet personnel, coroner, medical examiner, alternate care facility employee, or caretaker, having reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation, shall report or cause reports to be made in accordance with the provisions of this chapter. Death of the adult does not relieve one of the responsibility for reporting the circumstances surrounding the death.
Terms Used In Kentucky Statutes 209.030
- Abuse: means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury. See Kentucky Statutes 209.020
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Adult: means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services. See Kentucky Statutes 209.020
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Authorized agency: means :
(a) The Cabinet for Health and Family Services. See Kentucky Statutes 209.020 - Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 209.020
- Caretaker: means an individual or institution who has been entrusted with or who has the responsibility for the care of the adult as a result of family relationship, or who has assumed the responsibility for the care of the adult person voluntarily or by contract, employment, legal duty, or agreement. See Kentucky Statutes 209.020
- Committee substitute: Short for committee amendment in the nature of a substitute.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Emergency: means that an adult is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or herself or others. See Kentucky Statutes 209.020
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Exploitation: means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources. See Kentucky Statutes 209.020
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Investigation: shall include but is not limited to:
(a) A personal interview with the individual reported to be abused, neglected, or exploited. See Kentucky Statutes 209.020 - Neglect: means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult. See Kentucky Statutes 209.020
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Protective services: means agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. See Kentucky Statutes 209.020
- Records: means the medical, mental, health, and financial records of the adult that are in the possession of any hospital, firm, corporation, or other facility, if necessary to complete the investigation mandated in this chapter. See Kentucky Statutes 209.020
- Secretary: means the secretary of the Cabinet for Health and Family Services. See Kentucky Statutes 209.020
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(3) An oral or written report shall be made immediately to the cabinet upon knowledge of suspected abuse, neglect, or exploitation of an adult.
(4) Any person making such a report shall provide the following information, if known: (a) The name and address of the adult, or of any other person responsible for his
care;
(b) The age of the adult;
(c) The nature and extent of the abuse, neglect, or exploitation, including any evidence of previous abuse, neglect, or exploitation;
(d) The identity of the perpetrator, if known;
(e) The identity of the complainant, if possible; and
(f) Any other information that the person believes might be helpful in establishing the cause of abuse, neglect, or exploitation.
(5) Upon receipt of the report, the cabinet shall conduct an initial assessment and take the following action:
(a) Notify within twenty-four (24) hours of the receipt of the report the appropriate law enforcement agency. If information is gained through assessment or investigation relating to emergency circumstances or a potential crime, the cabinet shall immediately notify and document notification to the appropriate law enforcement agency;
(b) Notify each appropriate authorized agency. The cabinet shall develop standardized procedures for notifying each appropriate authorized agency when an investigation begins and when conditions justify notification during the pendency of an investigation;
(c) Initiate an investigation of the complaint; and
(d) Make a written report of the initial findings together with a recommendation for further action, if indicated.
(6) (a) The cabinet shall, to the extent practicable, coordinate its investigation with the appropriate law enforcement agency and, if indicated, any appropriate authorized agency or agencies.
(b) The cabinet shall, to the extent practicable, support specialized multidisciplinary teams to investigate reports made under this chapter. This team may include law enforcement officers, social workers, Commonwealth’s attorneys and county attorneys, representatives from other authorized agencies, medical professionals, and other related professionals with investigative responsibilities, as necessary.
(7) Any representative of the cabinet may enter any health facility or health service licensed by the cabinet at any reasonable time to carry out the cabinet’s responsibilities under this chapter. Any representative of the cabinet actively involved in the conduct of an abuse, neglect, or exploitation investigation under this chapter shall also be allowed access to financial records and the mental and physical health records of the adult which are in the possession of any hospital, firm, financial institution, corporation, or other facility if necessary to complete the investigation mandated by this chapter. These records shall not be disclosed for any purpose other than the purpose for which they have been obtained.
(8) Any representative of the cabinet may with consent of the adult or caretaker enter any private premises where any adult alleged to be abused, neglected, or exploited is found in order to investigate the need for protective services for the purpose of carrying out the provisions of this chapter. If the adult or caretaker does not consent to the investigation, a search warrant may be issued upon a showing of probable cause that an adult is being abused, neglected, or exploited, to enable a representative of the cabinet to proceed with the investigation.
(9) If a determination has been made that protective services are necessary when indicated by the investigation, the cabinet shall provide such services within budgetary limitations, except in such cases where an adult chooses to refuse such services.
(10) In the event the adult elects to accept the protective services to be provided by the cabinet, the caretaker shall not interfere with the cabinet when rendering such services.
(11) The cabinet shall consult with local agencies and advocacy groups, including but not limited to long-term care ombudsmen, law enforcement agencies, bankers, attorneys, providers of nonemergency transportation services, and charitable and faith-based organizations, to encourage the sharing of information, provision of training, and promotion of awareness of adult abuse, neglect, and exploitation, crimes against the elderly, and adult protective services.
(12) (a) By November 1 of each year and in accordance with state and federal confidentiality and open records laws, each authorized agency that receives a report of adult abuse, neglect, or exploitation shall submit a written report to the cabinet that provides the current status or disposition of each case referred to that agency by the cabinet under this chapter during the preceding year. The Elder Abuse Committee established in KRS § 209.005 may recommend practices and procedures in its model protocol for reporting to the cabinet under this section.
(b) By December 30 of each year, the cabinet shall provide a written report to the
Governor and the Legislative Research Commission that summarizes the status of and actions taken on all reports received from authorized agencies and specific departments within the cabinet under this subsection. The cabinet shall identify any report required under paragraph (a) of this subsection that is not received by the cabinet. Identifying information about individuals who are the subject of a report of suspected adult abuse, neglect, or exploitation shall not be included in the report under this paragraph. The report shall also include recommendations, as appropriate, to improve the coordination of investigations and the provision of protective services. The cabinet shall make the report available to community human services organizations and others upon request.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 132, sec. 3, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 370, sec. 2, effective July 15, 1998. — Amended 1980 Ky. Acts ch.
372, sec. 3, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 370, sec. 3, effective June 17, 1978. — Created 1976 Ky. Acts ch. 157, sec. 4.
Legislative Research Commission Note (7/15/98). The amendment to this statute proposed in the introduced version of House Bill 652 was deleted in the House Committee Substitute that was adopted and became 1998 Ky. Acts ch. 370; no changes to the existing statute were left in that Act as enacted.
Legislative Research Commission Note (11/9/93). Prior references to the “department” in this statute were changed to “cabinet” pursuant to 1982 Ky. Acts ch. 393, sec.
50(5), and KRS § 7.136(2).