2.24 Child Emotional Injury Investigations and Evaluations

2/10/2025

Based upon the statutory definition of emotional injury, if a qualified mental health professional (QMHP) testifies (with evidence by a substantial and observable impairment in the child's ability to function within a normal range of performance and behavior with due regard to his or her age, development, culture, and environment) that a child has been emotionally injured or is at risk of emotional injury, the program of emotional injury will be substantiated.

• Outlined in the Partnership for Services: A Manual of Collaboration for Kentucky’s Social Service and Mental Health Agencies are procedures for both agencies to use in addressing emotional injury assessments to include:
• Designating individuals as gatekeepers in each region by the community mental health center and DCBS respectively to review a SSW’s request for an emotional injury assessment;
• Determining if in fact an assessment is warranted by the designated gatekeepers; and
• Utilizing the emotional abuse assessment referral form and emotional injury checklist as determined by how each region will implement the assessment protocol, which are located in the appendix of the Partnership for Services: A Manual of Collaboration for Kentucky’s Social Service and Mental Health Agencies.
  

• DCBS to submit a formal request for an emotional injury assessment through a QMHP.
  
• An objective QMHP to determine whether or not:
• The child has an emotional injury; or
• There is a risk of emotional injury to the child as defined in KRS 600.200.
• ​​Outlined in the Partnership for Services: A Manual of Collaboration for Kentucky's Social Service and Mental Health Agencies are procedures for both agencies to use in addressing emotional injury assessments to include:
• • Designating individuals as gatekeepers in each region by the community mental health center and DCBS respectively to review a SSW's request for an emotional injury assessment;
  • Determining if in fact an assessment is warranted by the designated gatekeepers; and
  • Utilizing the emotional abuse assessment referral form and emotional injury checklist as determined by how each region will implement the assessment protocol, which are located in the appendix of the Partnership for Services: A Manual of Collaboration for Kentucky's Social Service and Mental Health Agencies.​
  
  
• DCBS makes all attempts to request an emotional injury assessment through an objective QMHP, who has no prior involvement with the family, for a determination regarding if the individual has suffered an emotional injury because of the abusive behaviors.
  
• If an objective QMHP cannot be located, DCBS will notate any concerns found if the emotional injury assessment appears to show bias.
  
• DCBS requests that the QMHP perform an an assessment that includes, but may not be limited to:​
  
  

• Background information/review of available records/phone consultation with the investigation SSW for information found during collateral contacts;
  

• DCBS requests that the QMHP will make one of the following findings:
• No emotional injury exists as related to the statutory definition;
• No emotional injury exists but the victim is at risk of an emotional injury if the reported negative caretaker behavior continues as related to the statutory definition; abuse repr continues;
• Emotional injury exists, as related to the statutory definition but is unable to determine the responsible caregiver's actions(s) act(s) that resulted in the identified injury; or
• Emotional injury exists as related to the statutory definition as a result of the reported/alleged abusive behaviors.
  

The QMHP submits the emotional injury assessment report in writing to SSW within thirty (30) days of receiving the referral from SSW along with recommendations for services for the child and family if needed.​​

• DCBS will notify the QMHP of any upcoming court dates and/or expectations if the court is requesting an assessment by a specific date.
  
• ​Each region will develop a gatekeeping process that will consist of the service region administrative associate (SRAA)/service region clinical associate (SRCA) or designee to review the Emotional Injury Assessment Referral Form and Emotional Injury Checklist.
• DCBS SSW and/or FSOS should complete one Emotional Abuse Checklist for each client as part of the referral process for an Emotional Injury Assessment. The DCBS emotional injury gatekeeper will review and approve the completed checklist and referral form and send it to the requesting SSW/FSOS.​
  
• The SSW and/or FSOS can submit the following documentation when making a referral for an Emotional Injury Assessment:
• ​​Emotional Injury Assessment Referral Form; 
• Emotional Injury Checklist;
• DPP-115  Confidential Suspected Abuse/Neglect, Dependency or Exploitation; ​and
  
• DCBS-1 Informed Consent and Release of Information and Records  
  
• The regional Kentucky Invoice Tracking System (KITS) approved payee can submit payments for emotional injury assessment as needed. If the SSW/FSOS receives an invoice for an emotional injury assessment, the invoice can be submitted through the regional KITS payment process.   

1. Makes a determination, in consultation with the FSOS, whether or not emotionally abusive behaviors have occurred, or are likely to occur if the emotionally abusive behaviors continue, utilizing the emotional injury checklist abuse criteria; 1
2. Offers services to the family, even if no abusive behaviors have occurred, when other risk factors concerns exist, or an aftercare plan negotiated with the family has deemed that services are appropriate;​
3. Staffs the referral with the regional emotional injury gatekeeping process if emotionally abusive behaviors have occurred;​
4. If it is determined through consultation that an emotional injury assessment is required, complete the Emotional Injury Checklist and Emotional Injury Referral, and submit them through the regional gatekeeping process;
5. Make any necessary referrals to gain a QMHP's opinion through an emotional injury assessment;
   
6. Determines findings, as outlined in SOP 2.22 Making a Finding, Notifications, and Court Involvement; SOP 2.12 Completing the Assessment and Documentation Tool and Making a Finding; 
7. Can offer services to the family if no emotional injury is found by the Qualified Mental Health Professional (QMHP), but other concerns remain;
8. And family develop an aftercare plan, as needed, if there are no other risk issues that would lead to a case being opened;
9. Will Can substantiate emotional injury risk of harm or find the family in need of services due to neglect if no injury is found, but  if the QMHP finds the victim is an emotionally injured child or is at risk of emotional injury if the abusive behaviors continue;
   
10. Considers filing Files a petition, if the familiy is resistant to services, to ensure that the child is protected from danger and to ensure that recommendations made by the QMHP and the Division of Protection and Permanency (DPP) are followed by the family;
11. Consults with the FSOS, if an injury is present or the child is found to be at risk of harm, to make a determination as to whom the perpetrator is, based on the information collected during the investigation including, but not limited to, the information obtained in the emotional injury assessment report;​
12. Sends a notification letter, as outlined in SOP 2.22 Making a Finding Notifications and Court Involvement.​ 2.13 Notification of Finding and Case Disposition, indicating the appropriate a substantiated finding; of emotional injury or if the family is found to be in need of services;  ​

Footnotes

1. This outlines specific behaviors that are likely to result in emotional injury.
2. If the reporting QMHP has already completed an emotional injury assessment, no additional assessment is required, but a written report must be sent to the SSW within thirty (30) days of the report being made to P&P