Department for Community Based Services

Standards of Practice Online Manual

20.8 Investigations Involving the Department for Aging and Independent Living (DAIL) Division of Guardianship Employees

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:
8/15/2018
Section:
20.8 Investigations Involving the Department for Aging and Independent Living (DAIL) Division of Guardianship Employees
Version:
2

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:

Investigations involving guardianship employees should be conducted objectively, with privacy and confidentiality that meets the public expectation for accountability.  The investigating region is responsible for all notifications set forth in this SOP.  The procedures below are utilized when a referral is received where a Department for Aging and Independent Living/Division of Guardianship Services employee is identified as an alleged perpetrator of adult abuse, neglect or financial exploitation of a state ward.

For the purposes of investigations, a guardianship employee is any Department for Aging and Independent Living/Division of Guardianship Services field staff.  State guardianship staff are not assigned as a person's caregiver or custodian.

 

Procedure

The SSW:

  1. Submits the DPP-115-Confidential Suspected Abuse/Neglect, Dependency or Exploitation Reporting Form to the SRA or designee, through supervisory channels, within one (1) hour of receipt;
  2. Secures the hard copy case record and makes the case controlled access in TWIST; 1
  3. Follows guidelines in SOP 20.1 APS Investigations and Assessment, item numbers one (1) and two (2);
  4. Consults with the guardianship employee subject to an investigation concerning the location of any interviews or meetings in order to maintain confidentiality; and
  5. Complies with guidelines in SOP 20.1 Introduction to APS Investigation and Assessment, item number six (6) regarding timeframes for completion of the investigation.  2 

The SRA or designee:

  1. Immediately contacts the Director of Protection and Permanency; 
  2. Provides a copy of the DPP-115 to the Director of Protection & Permanency, after initial notification, and regularly consults with the central office Adult Safety Branch;
  3. Completes the following steps:
    1. Consults with the Director of Protection and Permanency or designee regarding the assignment of the investigation within prescribed timeframes;
    2. Ensures the investigation is assigned:
      1. To a staff person without knowledge of the guardianship employee being investigated; and 
      2. To an experienced staff person; and
    3. Ensures that support and technical assistance are readily available; 
  4. Must notify the Director of Protection and Permanency if an extension is granted;

The SSW, FSOS or regional management:

  1. Consults with the central office Adult Safety Branch staff as needed during the investigation.

The Director of Protection and Permanency or designee:

  1. Provides the Director of the Division of Guardianship branch with a copy of the DPP-115; and
  2. Maintains a process to track investigations involving Division of Guardianship Services employees.

Upon Completion of the Investigation or Assessment:

  1. The SRA or designee submits the assessment to the Director of P&P for review.
  2. The Director of P&P or designee recommends when final approval of the assessment is to occur and notifies the SRA.
  3. The SSW, after notification of the Director of P&P’s or designee’s final approval of the assessment:
    1. Notifies the victim of any findings;
    2. Sends the Notice of Protective Services Investigative Findings-Adult Abuse, Neglect or Exploitation to the Director of the Division of Guardianship; and
    3. Follows procedures outlined in SOP 20.10 Completion and Distribution of the Notification of Protective Services and Investigative Findings Report Form.  
 

Footnotes

  1. Only those employees with a legitimate interest in the investigation or assessment are allowed access to the information.
  2. Investigations occur within the region where the alleged victim resides.

Communicate

Sign In (Editor Access Only)
Copyright © 2011 Commonwealth of Kentucky - All Rights Reserved
Kentucky Unbridled Spirit