KRS § 209.030 — KY Code / Title XVII / Chapter 209 / Section 209.030
209.030 Administrative regulations -- Reports of adult abuse, neglect, or exploitation -- Cabinet actions -- Status and disposition reports
Status: in_force

209.030 Administrative regulations -- Reports of adult abuse, neglect, or

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.

(6) (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.