- When a person with a serious mental illness resides in a personal care home (PCH) or is at risk of entry into a PCH, he/she may apply and be provided services in an integrated setting. Anyone who meets the criteria below may be considered for these services, whether or not they have a guardian.
- Eligibility criteria mandate that the person must be:
- At least 18 years old;
- Currently residing in a PCH or is at risk of entry into a PCH;
- Receiving or eligible for state supplementation; and
- Diagnosed with a serious mental illness.
- The referral form is available here: http://dbhdid.ky.gov/ISA.
- The SSW may assist the person with serious mental illness in completing the form.
Below are guidelines for interviewing different people who may be involved in an adult protective services (APS) investigation:
The SSW shall have access to the victim’s records. The records may be used as factual evidence to determine a finding. In certain circumstances, (i.e., caregiver misconduct registry cases) it is necessary to have the records certified using the Records Certification Form. Below are guidelines regarding the review of different types of records that may be available during an APS investigation:
- Mental and physical health records:
- When available, mental and physical health records necessary to complete the investigation are reviewed by the SSW and copies obtained, if possible, to be included in the report. The SSW consults with a regional nurse consultant or a nurse service administrator, if necessary;
- If an institution does not allow access to medical records, the SSW may be able to gain access by using the DCBS-1 Informed Consent and Release of Information and Records and DCBS-1A Informed Consent and Release of Information and Records Supplement; or
- If the SSW has difficulty accessing records, the SSW may send an APS HIPAA Letter for Release of Information requesting the records. The letter must be approved and signed by the FSOS (see page two of letter).
- Financial records:
- The SSW may review financial records including savings and checking account statements, financial eligibility and assistance records, disability or retirement income records, and property valuation records;
- If a financial institution does not allow access to financial records, the SSW may be able to gain access by using the DCBS-1 and DCBS-1A; or
- If the SSW has difficulty accessing records, the SSW may send a letter from the CHFS general counsel requesting the records. The letter must be approved and signed by the FSOS (see page two of letter). If records are still not released, the Office of Legal Services (OLS) may be consulted with supervisory approval and a petition for a court order to release financial information needed to complete an investigation may be requested.
- Law enforcement records:
- Police records, mental inquest, disability, probate records, or other legal documents may be reviewed to complete the investigation and copies may be obtained, if possible, to be included in the investigative report;
- The SSW may request a criminal records check through the Administrative Office of the Courts (AOC) at any time during the investigation or provision of ongoing services; and
- The criminal records check may be requested on any household member, the alleged victim, the alleged perpetrator, or the caretaker.
- Voluntary statements:
- A written, voluntary statement regarding the alleged incident of abuse, neglect, or exploitation may be obtained if it is pertinent to the case and the alleged victim, alleged perpetrator, witness(es), or others are willing;
- The statement is prepared, signed, and dated by the person providing the statement and witnessed by the SSW; and
- The SSW advises the person making the voluntary statement that statements may be shared with authorized agencies or the court and court testimony may be required.
The SSW completes the following steps when conducting interviews during an adult protective services investigation, as well as investigations involving DCBS employees. For investigations involving employees the SSW also follows procedures in SOP 2.15.8
- Identifies self and states the purpose of the interview;
- Conducts face-to-face interviews in private, if possible;
- Explains the statutory responsibility to investigate;
- Allows the alleged victim and alleged perpetrator to respond to allegations, as appropriate;
- Encourages the alleged victim, alleged perpetrator, and collaterals to give a complete account of the situation;
- Determines relationships to and attitude toward the alleged victim and the alleged perpetrator;
- Determines if a pattern of abuse, neglect, or exploitation exists;
- Determines severity and frequency of the abuse, neglect, or exploitation;
- Observes non-verbal communication;
- Identifies physical and behavioral indicators of abuse, neglect, or exploitation;
- Coordinates specialized multidisciplinary teams to investigate reports, when possible;
- When appropriate, shares findings and observations with the alleged victim and the alleged perpetrator sharing details of action plans or recommendations;
- Keeps the name of the informant confidential;
- When appropriate, focuses the interview with the alleged perpetrator on actions to be taken to remedy the abuse, neglect or exploitation;
- Gives special consideration and accommodation to disabled individuals;
- Determines, through discussion with the victim, his/her wishes and offers alternatives;
- Ascertains if there are other service needs not stated in the report; and
- Provides referral information or services.