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209.030 Administrative regulations -- Reports of adult abuse, neglect, or
exploitation -- Cabinet actions -- Status and disposition reports.
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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.
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.
An oral or written report shall be made immediately to the cabinet upon
knowledge of suspected abuse, neglect, or exploitation of an adult.
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.
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.
(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).
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