2.2 Reports Not Accepted for Assessment/Investigation

1. Staff should follow the criteria outlined below to establish if a report does not meet the statutory and regulatory definitions of abuse, neglect, or dependency for investigation. The format of this section is designed so that staff may view the agency’s abuse, neglect, or dependency programs with the corresponding legal rationale for the does not meet criteria. Legal authority is listed below each sub-program.
2. Please be aware that the items included in the following lists are not all-inclusive and may include other acts that the FSOS deems appropriate.
3. If the report does not meet the criteria for acceptance, SSW will provide appropriate justification in the TWIST screens and complete the template below.
4. For all reports that do not meet the criteria, the SSW will proceed to consideration of resource linkage criteria.
5. Reports that do not meet the acceptance criteria should not be documented on a DPP-115 Confidential Suspected Abuse, Neglect, Dependency or Exploitation Reporting Form​.

​​Template for Web-Based Reports Not Accepted

If a web-based report is received but does not meet acceptance criteria, please copy and paste verbatim the following information into an e-mail response to the reporting source:

Provide the Web ID number:

This e-mail is to advise that the report you submitted via the web-based reporting system for the Commonwealth of Kentucky did not meet the acceptance criteria.
Whereas the report did not meet the criteria under Kentucky State Authority,  other resources could potentially assist this family:
Add any additional resources that may be appropriate.
If you have additional information or concerns not included in the original report, please call the abuse hotline at 1-877-597-2331.​

Does Not Meet C​riteria 

Reports that do not meet acceptance criteria, which means they do not meet the statutory and regulatory definitions of abuse, neglect, or dependency where the alleged perpetrator is in a caretaking role, are documented in TWIST under the Does Not Meet path by the SSW taking the report.

1. The reporting source has generalized feelings of concern regarding the welfare of the child, but does not give specific allegations that would indicate child abuse, neglect, or dependency; 
   
2. The report relates to custody changes, custody issues, or lifestyle issues without allegations of abuse, neglect, or dependency;
3. DCBS does not investigate a report if the victim of the report of abuse, neglect, or dependency is age eighteen (18) or over at the time of the report;
4. The report concerns child abuse inflicted by a person who is not in a caretaking role, except for reports alleging human trafficking or female genital mutilation. The intake SSW forwards these reports to local law enforcement, KSP, as well as the commonwealth's attorney or county attorney;
5. Any report that does not meet the criteria (DNMC) will be generated on the intake summary PDF. DPP-115 reports cannot be created for any DNMC report.
6. The report relates to alleged spouse abuse of a married youth under the age of eighteen (18). The intake SSW will screen the report for adult protective services (APS) criteria and forward these reports to law enforcement.
7. The child who is suspected of being abused, neglected, or dependent resides in a Department of Juvenile Justice (DJJ) facility. The intake SSW will forward the report to the Justice and Public Safety Cabinet, and they will investigate as described in the Notification Information Regarding Allegations of Maltreatment at Hospitals and DJJ Facilities. 
   
8. Reports will not meet the jurisdiction of Kentucky if the alleged victim resides out-of-state, the child is not found in Kentucky, and​ the incident of alleged abuse or neglect did not occur in Kentucky.​
   

I. Physical Abuse Criteria

Reports that do not meet the criteria:

1. The report alleges corporal punishment appropriate to the age of the child, without injury, mark, bruise, not in a critical area of the body, or substantial risk of harm.  If the report alleges corporal punishment to a child in a foster/pre-adoptive resource home, the intake SSW immediately notifies the service region administrator (SRA) or designee for assignment in accordance with SOP 12.17 Foster and Adoptive Home Reviews​;​
2. The reporting source describes injuries that were not caused by abuse or neglect, such as minor marks in routine areas like the elbows or knees of an ambulatory child; or
3. The report alleges non-intentional injuries resulting from the effort of a parent or caretaker defending him/herself.

Legal Rationale: 922 KAR 1:330 Section 2(5)(c) The problem described does not meet the statutory definitions of abuse, neglect, or dependency; (d) The reporter notifies the cabinet that a child is injured, but the reporter does not allege that the injuries were the result of abuse or neglect; (f) Pursuant to KRS 503.110(1), corporal punishment appropriate to the age of the child, without an injury, mark, bruise, or substantial risk of harm;

II. Sexual Abuse

Reports that do not meet criteria regarding sexual abuse:

The intake SSW refers the report to a medical provider, (please refer to The Sexual Abuse Tip Sheet​) when the reporting source has generalized concerns regarding the following with no further details to support the allegation:

1. A child has a red genital or anal area;
2. A child has genital discharge; or
3. A child is masturbating.

Legal rationale for reports that do not meet criteria: 922 KAR 1:330 Section 2(5)(c) The problem described does not meet the statutory definitions of abuse, neglect, or dependency;

III. Human Trafficking

IV. Neglect

Reports that do not meet criteria regarding inadequate supervision or caretaker absence or abandonment:

• Allegations regarding a potential lack of supervision in which the caretaker(s) behavior is something any reasonable person would engage in, should not meet acceptance criteria. The inattentiveness of the caretaker(s) should show the lack of supervision outside of normal behavior. Lack of supervision cannot be solely based on a negative outcome of a normal or reasonable behavior.
• Allegations based solely on a parent being absent or not having involvement with their child do not meet acceptance criteria.
• Allegations regarding children being placed with a caretaker with no allegations of abuse, neglect, or dependency can be referred to the Caregiver’s Act (SB 176) that was enacted to enable relative caregivers to have authority to make health care or school arrangements for a child in their care, who is not currently under the supervision of the Cabinet. The Caregiver’s Authorization Affidavit serves as a template for caregivers without legal custody to get the authorization needed to address the educational and/or medical needs of the child(ren) they are caring for. The form was created to help relative caregivers easily create an affidavit, without the need to consult with an attorney.

Reports that do not meet the criteria of inadequate shelter/exposure to unsafe home and immediate environment:

• An allegation of environmental neglect regarding the condition of a home or dwelling that does not allege a health or safety concern does not meet acceptance criteria without information related to how it creates a negative impact on a child(ren).
• An allegation of an unsecured weapon, including a firearm, does not meet acceptance criteria without information related to how it creates a negative impact on a child(ren).

Reports that do not the meet criteria of inadequate clothing or hygiene:

• Reports are not accepted when the inadequate hygiene conditions or clothing do not have a negative impact on the health or well-being of a child(ren).

Reports that do not meet the criteria of inadequate food/nutrition or malnutrition:

• Reports that allege simply “no food in the house” or variances of this statement are not taken as a report unless it is indicated that the child’s health is being negatively impacted.  

Reports that do not meet the criteria of educational neglect/truant child:

• Reports that allege educational neglect based solely on the fact that the child is home-schooled are not accepted as a report.
• Reports from entities other than the appropriate school system are not accepted but are referred back to the school system as a resource link, if appropriate.
  

V. Emotional Injury  

The legal rationale for reports that do not meet criteria: 922 KAR 1:330 Section 2(5)(c) The problem described does not meet the statutory definitions of abuse, neglect, or dependency;

Resource Link  

• Reports received that are requesting agency information or community services are documented in the TWIST system under the "Resource Link" path by the SSW taking the report.
• The resource link path is utilized when the report does not meet the criteria for maltreatment but the family would benefit from services available in the community outside of DCBS.  These services could include Family Resource Youth Services Center (FRYSC), Community Collaboration for Children (CCC), school services, Health Access Nurturing Development Services (Hands), childcare, Parent Engagement Meetings (PEMs)​, family support, community mental health, domestic violence advocates/shelters, or other community response providers.  
• Information for the resource link can be sent to the provider directly so that the service provider can make direct contact with the family or to the referral source so that the referral source can contact the service provider.

• Example:

• An individual requesting information for family support or appropriate mental health information.

• Caretakers requesting assistance with custody issues should be referred to court.  If a court requires an agency petition, such an action may be initiated as dependency.

• Reports concerning custody or visitation issues that do not allege abuse or neglect can be referred to the Custody and Visitation Hotline (844) 673-3470, available 10:00 a.m. - 12 p.m. and 1 p.m. - 5 p.m., Monday-Thursday

Insufficient Information 

• Reports received that do not provide enough information about the child’s identity and/or location to enable an investigation are documented in the TWIST system under the "Insufficient Information" path by the SSW taking the report.

• Example:
  The whereabouts of the child are unknown, and there is insufficient information to locate the child or explore leads to locate the child.

Duplicate Intake

• A report of the same specific incident that has previously been investigated or assessed within the past thirty (30) days, and there is no new information or change in circumstances. A duplicate referral involves the same child and the same event.

Information Only

• Reports of additional information regarding an active case are documented in the TWIST system under the "Information Only" path by the SSW taking the report.

• Example:
  A hospital or facility requesting consent for treatment for a child in out-of-home care (OOHC).​

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