Ky.gov
Effective: 4/x/2024

C2.14.2 Investigations of Licensed Private Child Caring Facilities

Legal Authority

Introduction

​​​​​​​​​​​​​​​​​​​​In addition to the guidelines specified in SOP 2.15 Specialized Investigations,​ the SSW uses the following procedures in conducting investigations involving licensed private child-caring (PCC) facilities. ​


The Kentucky administrative regulation, 922 KAR 1:330 Child protective services. establishes Cabinet for Health and Family Services (CHFS/Cabinet)  procedures, congruent with eligibility requirements under 42 U.S.C. 5106a(b), for a child protection investigation or assessment of abuse, neglect, or dependency. If a report alleging child abuse, neglect, or dependency is made to CHFS, Department for Community Based Services (DCBS) and is determined to meet acceptance criteria for an investigation regarding potential harm by an employee to a child in a child-caring facility; this will result in an investigation by the Cabinet. The facility will remove the alleged perpetrator (facility employee), as described in 922 KAR 1:300. Standards for child-caring facilities.  from direct contact with all children for the duration of the Cabinet's investigation. In limited situations, it may be determined appropriate to release the alleged perpetrator (facility employee) to resume their regular duties prior to the completion of the investigative assessment.
​

Practice Guidance

  • The Office of Inspector General (OIG), Division of Regulated Child Care (DRCC), Child Caring/Child Placing Branch will assign OIG staff, as applicable, to contact the SSW.​
  • In any circumstance when a facility has received five (5) active investigations within a thirty (30) day timeframe, the field development and support team will consult with the Child Protection Branch and PCC liaison regarding systemic themes.

Procedure

Upon accepting a report, the SSW: 

  1. Provides copies of the DPP-115 to the parties listed on the CPS Investigative Distribution Chart and:
    1. Notifies the OIG, DRCC, Child Caring/Child Placing Branch;
    2. Emails the DPP-115 to the Division of Protection and Permanency (DPP) Child Protection Branch at DCBSChildProtection@ky.gov; 
    3. Emails the DPP-115 to the DPP PCC liaisons at privateagencyliaison@ky.gov​; and
    4. Documents the notification in the assessment (Refer to Kentucky Community Mental Health Center (CMHC) Crisis Services​) for a complete listing of CMHC crisis stabilization units);
  2. Follows the procedural steps as outlined in SOP 2.15 Specialized Investigations. When interviewing children as collaterals, if the child is not in DCBS's custody, parental consent is necessary. 
  3. Provides written notification to OIG/DRCC if the SSW finds at the time of investigation that a child is in imminent danger or that a child needs to be removed;
  4. Provides written findings to the administrator of the facility within forty-five (45) working days of receiving the referral/report, unless an extension is granted by the supervisor, when there is a finding of substantiation of child abuse or neglect, and the alleged perpetrator is an employee of the facility;
  5. Follows procedures outlined in SOP 2.15 and SOP 2.22 Making a Finding, Notifications, and Court Involvement​ when sending notification of a substantiated finding; ​
  6. Also provides notification to:
    1. The agency/facility and license holder; and
    2. OIG/DRCC via fax (Refer to the CPS Investigative Distribution Chart for a complete listing); and 
  7. Sends, upon approval, copies of the assessment for a PCC investigation to OIG (Refer to Private Child Care (PCC) Investigation Tip Sheet).



​Related Information

Cabinet for Health and Family Services
Office of Inspector General (OIG)
Division of Regulated Child Care (DRCC)
Child-Caring/Child-Placing Branch (CC/CP)
Phone: 502-564-7962​​
Fax: 502-564-9350​

​​Contingencies and Clarifications 

If appropriate, written documentation from the DPP director or designee may be requested to approve the employee’s return to their regular job duties before the completion of the investigation. 
SSW will consult with the FSOS to determine no safety threats are present;
  1. After the FSOS/SSW consultation, the FSOS/SSW will discuss the findings with the Field Development and Support Branch manager /SRAA (or designee). 
  2. The FSOS or SSW can request written approval via the CPS Child-Caring Facilities employee return to work release” from the DPP director (or designee) allowing the employee to return to regular job duties. 
  3. The Field Development and Support Branch manager/SRAA​ (or designee) will provide the Child Protection Branch with the completed CPS Child-Caring Facilities Employee Return to Work Release, DPP 115, the completed consultation form, and a supportive narrative of findings releasing the facility employee back to work.
  4. Following the letter of approval from the DPP director (or designee), the FSOS or SSW will provide the letter to the requesting facility/agency. 

Documents

Revisions

​4/x/2024

Addition: 

​​​The Kentucky administrative regulation, 922 KAR 1:330. Child protective services. establishes cabinet procedures, congruent with eligibility requirements under 42 U.S.C. 5106a(b), for a child protection investigation or assessment of abuse, neglect, or dependency. If a report alleging child abuse, neglect, or dependency is made to the Cabinet for Health and Family Services (CHFS), Department for Community Based Services (DCBS) and is determined to meet acceptance criteria for an investigation regarding potential harm by an employee to a child in a child-caring facility; this will result in an investigation by the cabinet.  The facility will remove the alleged perpetrator (facility employee), as described in 922 KAR 1:300. Standards for child-caring facilities.  from direct contact with all children for the duration of the cabinet investigation. In limited situations it may be determined appropriate to release the alleged perpetrator (facility employee) to resume their regular duties prior to the completion of the investigative assessment.​

Follows the procedural steps as outlined in SOP 2.15 Specialized Investigations. When interviewing children as collaterals, if the child is not in DCBS's custody, parental consent is necessary. ​


Contingencies and Clarifications 

If appropriate, written documentation from the DPP Director or designee may be requested to approve the employee’s return to their regular job duties before the completion of the investigation. 
SSW will consult with the FSOS to determine no safety threats are present;
  1. After the FSOS/SSW consultation, the FSOS/SSW will discuss the findings with the Field Development and Support Branch manager/SRAA (or designee). 
  2. The FSOS or SSW can request written approval via the CPS Child-Caring Facilities employee return to work release” from the DPP director (or designee) allowing the employee to return to regular job duties. 
  3. The Field Development and Support Branch manager/SRAA (or designee) will provide the Child Protection Branch with the completed CPS Child-Caring Facilities Employee Return to Work Release, DPP 115, the completed consultation form, and a supportive narrative of findings releasing the facility employee back to work.
  4. Following the letter of approval from the DPP director (or designee) the FSOS or SSW will provide the letter to the requesting facility/agency. 


Deletion:  

Crisis stabilization units are categorized either as licensed under a PCC facility or provided through a community mental health center (CMHC).  The SSW utilizes the procedures set forth in this standard of practice (SOP) for all PCC crisis stabilization units and utilizes SOP 2.15.6 Investigations of Supports for Community Living (SCL) and Community Mental Health/Intellectual Disability (CMHC) for all CMHC crisis stabilization units. 

  1. Notifies the OIG, DRCC, Child Caring/Child Placing Branch via telephone;
4.  Provides written findings to the administrator of the facility within forty-five (45) thirty (30) working days of receiving the referral/report, unless an extension is granted by the supervisor, when there is a finding of substantiation of child abuse or neglect and the alleged perpetrator is an employee of the facility;​