209.030 Administrative regulations -- Reports of adult abuse, neglect, or
1,015 words·~5 min read·
/ky/209-030A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
exploitation -- Cabinet actions -- Status and disposition reports.
(1)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.
(2)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.
(3)An oral or written report shall be made immediately to the cabinet upon knowledge
of suspected abuse, neglect, or exploitation of an adult.
(4)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.
(5)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.
(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.