Department for Community Based Services

Standards of Practice Online Manual

19.3 Acceptance Criteria 

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 19-Adult Protective Services (APS) 
Effective:
10/1/2013 
Section:
19.3 Acceptance Criteria 
Version:

When a section of SOP has been revised users will see the following: Added {This is added material}, Deleted {This is deleted material}. The bold and strikethroughs will appear on the site for fifteen (15) days after a modification and will then be removed.

Legal Authority/Introduction

LEGAL AUTHORITY:

Staff needs to be aware that there are two (2) definitions of “adult” per KRS 209 and KRS 209A. The Department for Community Based Services (DCBS) receives and investigates reports that allege:

  • Physical abuse, sexual abuse, mental injury, neglect or exploitation of an adult, when the adult meets the definition of adult defined by Kentucky Revised Statue (KRS), Chapter 209 Protection of Adults, which states:
  • "Adult" means a person eighteen (18) years of age or older who, because of mental or physical dysfunction, is unable to manage his own resources, carry out the activities of daily living, or protect himself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services; and
  • Spouse/partner abuse and/or neglect that meets the definition of adult pursuant to:
    • Kentucky Revised Statue, Chapter 209A Spousal Abuse or Neglect, which states: "Adult" means a person without regard to age who is the victim of abuse or neglect inflicted by a spouse; and
    • Ireland v Davis, Ky. App., 957 S.W. 2nd 310 (1997), which states: A person in an ongoing, cohabitating and intimate relationship who is eighteen (18) years of age or older and the victim of alleged abuse by a partner.
  • A spouse/partner abuse victim may also meet the definition of “adult” as defined by KRS 209 and may be served under the provisions of that statute.

Practice Guidance

  • Reports alleging child protective services (CPS) neglect due to children witnessing domestic violence (DV) are assessed according to SOP 2.3 Acceptance Criteria. 
  • Domestic violence is referenced in KRS 403 and specifically in relation to CPS/DV concurrent reports.
  • Allegations in an open investigation-When allegations are received on the adult that are not the same as the original allegations, but are received within thirty (30) working days of the original allegations, the investigative SSW may take this as a second incident and include it in the original report.
 

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