Ky.gov
Effective: 3/24/2025

2.2 Reports Not Accepted for Assessment/Investigation

Legal Authority

Introduction

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​The Department for Community Based Services (DCBS) accepts reports that meet the statutory and regulatory definitions of abuse, neglect, or dependency where the alleged perpetrator is in a caretaking role. If DCBS receives a report of abuse by a person other than a parent, guardian, or other person exercising custodial control or supervision of a child, the SSW immediately notifies the local law enforcement agency or the Kentucky State Police (KSP) and the Commonwealth or county attorney of the receipt of the report and its contents, and they shall investigate the matter. This information should then be documented within the justification/comments section of the intake summary. DCBS will accept reports involving a non-caretaker only if the report involves allegations of human trafficking or female genital mutilation. 

Practice Guidance

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Procedure

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  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. The legal authority is listed below each subprogram.
  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 the 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​.

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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 Child Protective Services (CPS) 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 spousal 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, or 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

Reports that do not meet criteria regarding Human Trafficking:

Reports that do not include an exchange, offer, or intention to exchange of; 
  • Forced labor services; or 
  • Commercial sexual activity using force, fraud, or coercion, except that if the trafficked person is under the age of eighteen (18), the commercial sexual activity need not involve force, fraud, or coercion.

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;

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 a 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.
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;

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).
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;​

Reports that do not meet the 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).
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;
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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.  
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;

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.
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;

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. 
  • 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.​

​​​​​Community Collaboration for Children (CCC) ​In Home Services

​In-home-based services (IHBS) are voluntary services in every county across the state. This service targets low-risk families such as children with disabilities, teenage parents, parents who are young adults, parents with disabilities, families with young children, low-income families—families in poverty, and any family in need of assistance. IHBSs are short-term, home-based services geared to develop, support, and empower the family unit by teaching parent education, child development, and problem-solving skills, discussing appropriate discipline techniques, assisting parents in becoming self-sufficient, and coordinating available community resources.  
  • SSW will provide a referral form to a professional reporting source for the professional to complete the referral. (SSW will consider the professional role/involvement and knowledge of the family). 
  • SSW shall complete the referral form for all non-professional reporters and those who are unable/unwilling to complete it independently. 


Child Support Information

The Kentucky Child Support website provides information on child support services and local office contact information for the state of Kentucky. Kentucky Child Support Website​

Educational Services/Family Resource and Youth Services Centers (FRYSC)​

FRYSC's ​primary goal is to remove non-academic barriers to learning for Kentucky’s students. 


Facilities/Programs/Services for Adults

Kentucky Medicaid's Division of Long-Term Services and Supports (LTSS) oversees programs for Kentuckians who need ongoing support due to age, a medical condition, or a disability. LTSS offers a variety of options to meet each individual’s unique needs. Some of these supports include Michelle P., Supports for Community Living (SCL), Acquired Brain Injury, and Home and Community Based Waiver. https://www.chfs.ky.gov/agencies/dms/dca/Pages/default.aspx
  • The Kentucky Council of Area Development Districts (KCADD) provides contact information for the appropriate aging and disability resource center per county. This is the primary hub for senior/elder-related services.
  • Long-term care ombudsman: 1-800-372-2991
  • OIG maintains the healthcare facility directory (assisted living, personal care home, family care home, long-term care) that can assist individuals searching for placement. ​​

Kentucky Early Intervention System (KEIS) /Health Access Nurturing Development Services (HANDS)​

KEIS (formerly First Steps) is a statewide early intervention program that provides services to children with developmental disabilities from birth to age three (3) and their families. Each county has a point of entry office to which a referral can be submitted. ​​​

HANDS) is a voluntary home visitation program for any new or expectant parents. HANDS supports families throughout the mother’s pregnancy and the first two (2) years of the baby’s life by providing the families with information, resources, and support through home visitation.

Law Enforcement

Reports where information provided does not support DCBS involvement, however the reporter is concerned for the wellbeing of the family, child, or adult; the SSW may provide information to local law enforcement for further follow up or welfare check.

Legal Questions

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.

Ombudsman’s Office

The Office of the Ombudsman and Administrative Review (OOAR) answers questions regarding CHFS programs, investigates customer complaints, and works with CHFS management to resolve identified issues and concerns. OOAR can be contacted at (502) 564-5497 or through email at CHFS.Listens@ky.gov

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Other Community Services Information

Local community service information can be found at kynect in partnership with United Way of the Bluegrass 211.org. SSW will document any service information provided or service linkage directly completed by the SSW within the TWIST resource link screens.

  • Pregnancy/Parenting
  • Public Assistance Information
  • Shelters/Housing
  • Substance Use Disorder Services
  • Transportation Assistance​​
  • Utility Assistance
  • Food/Clothing Assistance
  • Health-Mental and Physical
  • Mental Health/Counseling/Support Groups
  • Employment/Life Skills Training
  • Child Care Services

State Guardianship Referral

Guardianship is a legal relationship between a court-appointed adult who assumes the role of guardian for a ward. A ward is a person who has been declared legally disabled by the court and is no longer able to care for his/her personal and/or financial needs. ​

Referrals to the guardianship division can be completed via email  at DGSReferrals@ky.gov or by phone at (502)564-5361. 

Insufficient Information 

The caller was unable to provide enough information about the child’s identity and/or location to enable an investigation. Do not select this item if enough partial information is available to potentially locate the family.​

Duplicate Intake

​A report of the same specific incident that is currently being 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.

Referral Already Investigated; No New Allegations

A report that was previously received, investigated/assessed, and the current information reported matches the prior allegations in all respects.

Information Only Sharing

​Reports that do not meet criteria regarding an active case are documented in the TWIST as “Does Not Meet Criteria(DNMC)”. The central intake CI FSOS/SSW will prompt a system notification to be sent to the active FSOS/SSW, notifying of the DNMC referral for any risk factors to be addressed within the active case.  ​

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Contingencies and Clarifications

  • Any reports received by the Cabinet must meet acceptance criteria (please refer to SOP 2.3 Acceptance Criteria  prior to protection and permanency staff initiating an investigation/assessment, regardless of the reporting source (refer to CHFS v. Hon. Eleanore Garber and Hon. Jerry Bowles). 
  • If the court orders an investigation or assessment of allegations that do not meet acceptance criteria, the FSOS consults with regional leadership as necessary.
  • DCBS has a Memorandum of Understanding with the Justice and Public Safety Cabinet and CHFS in place with the Justice and Public Safety Cabinet, Internal Investigations Branch (IIB). IIB receives allegations of abuse and neglect in Department for Juvenile Justice (DJJ) facilites.  IIB completes the investigation and if the report is  substantiated, sends the report to DCBS CI. The reports are assigned to the Child Protection Branch to review the DJJ completed investigation and make a DCBS finding and document within TWIST.  
    • ​​The current protocol for reporting allegations:​ 
      • ​IIB will forward all completed investigations of substantiated special incidents to the regional centralized intake corresponding with the DJJ facility;
      • IIB will forward all the original intakes (allegations) of completed investigations of substantiated special incidents to the regional centralized intake corresponding with the DJJ facility.​
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Documents

Revisions

​​​​4/1/2024

Addition: 

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.​​

3/24/2025

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.​​


Reports that do not meet criteria regarding Human Trafficking:

Reports that do not include an exchange, offer, or intention to exchange of; 
  • Forced labor services; or 
  • Commercial sexual activity using force, fraud, or coercion, except that if the trafficked person is under the age of eighteen (18), the commercial sexual activity need not involve force, fraud, or coercion.
  • ​

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.  ​

  • 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.​

  • 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.​

  • A report of the same specific incident that is currently being 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.


Reports that do not meet criteria regarding an active case are documented in the TWIST system as “Does Not Meet Criteria(DNMC)”. The CI FSOS/SSW will prompt a system notification to be sent to the active FSOS/SSW notifying of the DNMC referral for any risk factors to be addressed within the active case.  ​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).​