Department for Community Based Services

Standards of Practice Online Manual

20.1 Introduction to APS Investigation and Assessment

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 20-APS Investigations and Assessment
Effective:
7/15/2015
Section:
20.1 Introduction to APS Investigation and Assessment
Version:
4

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Legal Authority/Introduction

LEGAL AUTHORITY:

The Department for Community Based Services (DCBS) notifies all pertinent community partners and attempts to coordinate investigations. 

DCBS also conducts investigations of reports alleging abuse, neglect or exploitation of:

  • An abused and/or neglected adult as defined by KRS Chapter 209 Protection of Adults; or
  • Provides protective services upon acceptance, request or court order. 

Practice Guidance

    • Initiation timeframes begin from the moment the intake SSW submits the report to the intake FSOS, or in after-hours situations, upon decision by the on-call FSOS to accept the report.
    • An investigation includes contact with the alleged victim and may include contact with the alleged perpetrator and collaterals. 

 

    • The purposes of conducting an adult protective services investigation are:
      • To determine through personal contact whether alleged maltreatment of an adult has occurred;
      • To assess the need for protective services;
      • To provide protective services upon request, acceptance or court order; and
      • To initiate court action in the Circuit, District or Family court when:
        • The adult is in need of protective services;
        • The adult lacks the capacity to consent and refuses services;
        • The adult is in a state of abuse or neglect and an emergency exists;
        • No person is authorized by law or court order to give consent or such person refuses to give consent; and
        • The intervention is the least restrictive;
      • To distribute investigative findings that may help authorized agencies in the performance of their duties and the protection of the adult.

Safety Planning

    • Safety planning is the strategy for getting an adult victim and/or minor child(ren) physically away from the abuse. 
    • Safety planning:
      • Increases the victim’s ability to protect self and/or minor children, particularly when a crisis exists and the potential risk is high;
      • Helps to continually assess the degree of danger to victim, SSW, and others; and
      • Confronts the minimization and denial regarding the presence and extent of violence.
    • The plan must be:
      • Client driven;
      • Specific;
      • Detailed;
      • Practical;
      • Practiced; and
      • Revised as necessary.
    • Safety planning can only be accomplished with the alleged victim's cooperation. 
    • The SSW may assist with the development of a safety plan, using the Prevention Plan form, but the plan is only effective if the alleged victim participates in the process. 
    • Safety planning may be verbal or written, but if a written safety plan is developed and the alleged victim agrees that a copy may be retained by the department, the SSW documents the safety planning using Prevention Plan form and files it in the case record.

Procedure

The SSW:

  1. Adheres to the following timeframes for initiation of an investigation: 1  
    1. Within one (1) hour of the receipt of the report if the adult’s condition presents a substantial risk of death or immediate and serious physical harm; 
    2. Within forty-eight (48) hours of receiving the report if the adult is not in a state of emergency; 
  2. Is required to have face to face contact with the reported victim(s) to initiate an adult protective services (APS) investigation;
  3. Documents the legitimate attempts that have been made to locate the alleged victim(s) only after attempts at face to face contact within the required time frames have failed;
  4. Completes reports in the county where the adult victim resides; 2
  5. Completes an onsite request to another county or region for information regarding an investigation in order to obtain:
    1. Interviews;
    2. Police reports;
    3. Hospital or other medical records; and
    4. Legal documentation (from courthouse, etc.);
  6. Completes the investigation and assessment of risk on the adult assessment and submits to the FSOS for approval and signature within thirty (30) working days after initiation of the investigation; 
  7. May utilize an abbreviated assessment when a finding is unsubstantiated. 3

Contingencies and Clarifications

  1. When a 2nd incident is received during an open investigation, the SSW:
    1. Initiates the incident within specified timeframes based on the assigned program/subprogram; and
    2. Documents the details of the 2nd incident in the Chronology section of the Assessment and Documentation Tool (ADT). 

 Request for an extension

If the investigative worker is unable to complete the assessment within thirty (30) working days (forty-five (45) calendar days from receipt of the investigation), the SSW utilizes the following guidelines in determining the need to request an extension:

  1. The first extension request is approved by the FSOS and may be requested for the following reasons: 
    1. Another agency is expected to make available information that is necessary to a finding during an extension period; 4
    2. A specialized investigation requires a large number of individual interviews or consultations with central office; or
    3. Law enforcement is conducting a criminal investigation and has not completed their work on the case.  5
  2. If a second extension becomes necessary it must be approved by the SRAA supervising the FSOS. 
  3. Extension requests are submitted in TWIST to the FSOS or designee by the SSW or by e-mail if TWIST is not available. 
  4. All approved extensions are documented in TWIST in the Risk Assessment Conclusion section of the assessment.

 

 

Footnotes

  1. Timeframes are based upon claims from the reporting source and determination by the FSOS.
  2. If a case needs to be opened, it remains in the county where the adult victim resides.
  3. The abbreviated assessment is not to be used for specialized investigations.
  4. A finding should not be delayed to wait for a court determination.
  5. APS findings are not contingent upon law enforcement’s findings.  In cases where law enforcement asks APS staff to delay making their finding so as not to compromise a law enforcement investigation, APS staff should seek guidance from regional office.

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