Department for Community Based Services

Standards of Practice Online Manual

2.15.6 Investigations of Supports for Community Living (SCL) and Community Mental Health/Intellectual Disability (CMHC)

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 2-Child Protective Services (CPS) Intake and Investigation
Effective:
10/2/2015
Section:
2.15.6 Investigations of Supports for Community Living (SCL) and Community Mental Health/Intellectual Disability (CMHC)
Version:
3

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Legal Authority/Introduction

LEGAL AUTHORITY:

In addition to the guidelines specified in SOP 2.15 Specialized Investigations, the SSW uses the following procedures in conducting investigations involving a certified supports for community living (SCL) provider or community mental health/intellectual disability center (CMHC) of a:

  • Child under eighteen (18) years of age; or
  • Youth age eighteen (18) up to twenty-one (21) years of age and older on extended commitment in the custody of the Cabinet.

Procedure

Upon accepting a report, the SSW: 

  1. Provides copies of the DPP-115 to the parties listed on the CPS Investigative Distribution Chart and immediately notifies the Department for Behavioral Health, Developmental and Intellectual Services, Division of Developmental and Intellectual Disabilities, incident manager:
    1. Via fax; or  
    2. Via telephone (When the allegation was made by telephone, the DPP-115 is faxed within twenty-four (24) hours (exclusive of weekends and holidays));
  2. Shares joint responsibility with DMR staff for investigating these reports, and if possible, an investigation is conducted jointly;
  3. Proceeds with the investigation, following procedures and timeframes outlined in SOP 2 Child Protective Services (CPS) Intake and Investigation, when a joint investigation cannot be conducted;
  4. Conducts, with DMR staff (to the extent possible), an entrance interview with the facility administrator or designee: 
    1. Outlining the nature of the report of child abuse or neglect without disclosing the name of the reporting source; and
    2. Providing only enough information to the administrator or designee to indicate that there has been a report and which child(ren)/youth’s and adult’s wards are to be interviewed; 
  5. Provides written or verbal notification to DMR as soon as practical if the SSW finds at the time of investigation that a child/youth is in imminent danger or that a child/youth needs to be removed;
  6. Provides written findings to the administrator of the facility and license holder within thirty (30) working days of receiving the referral/report, unless an extension is granted by the supervisor, when there is a finding by the SSW of substantiation of child/youth abuse or neglect, and the alleged perpetrator is an employee of the facility;
  7. Confers with DMR staff on the investigation, to the extent possible, prior to issuing any notification of findings;
  8. Sends, upon approval, copies of the assessment for SCL provider agencies and CMHC facilities investigations to:
    1. DMR; and
    2. SRA or designee;
  9. Discusses privately with DMR staff the findings prior to conducting an exit interview with the license holder and the administrator or designee;
  10. Conducts, with DMR staff to the extent possible, an exit interview no later than ten (10) working days after the assessment has been completed and approved with the facility/agency administrator or designee regardless of the finding;
  11. Collaborates and prepares a final report with DMR staff in joint investigations; 1
  12. Incorporates comments and recommendations based on findings justified in the assessment documentation that may be incorporated into the joint investigation report;
  13. Follows procedures outlined in SOP 2.15 Specialized Investigations and SOP 2.13 Case Disposition-Determination Whetherto Open a Case when sending notification of a substantiated or unsubstantiated finding;
  14. Provides notification to the agency/facility and license holder (Refer to the CPS Investigative Distribution Chart for a complete listing).

Related Information

  • Department for Behavioral Health, Developmental and Intellectual Services
    Division of Developmental and Intellectual Disabilities 
    275 East Main Street, 4C-F 
    Frankfort, KY 40621
    Phone: 502-564-7702
    Fax: 502-564-8917
 

Footnotes

  1. If upon collaboration, DMR staff and the SSW do not agree on issues of concern, the report would reflect the findings of each with the points of contention addressed accordingly in a professional manner.

Communicate

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