3/21/2024
Addition:
The Department for Community Based Services (DCBS) receives and investigates reports that allege abuse, neglect, and exploitation of a person when they meet the criteria of an adult based on the adult definition defined by Kentucky Revised Statue (KRS), Chapter 209 Protection of Adults. This states that adult refers to a person eighteen (18) years of age or older who, because of mental or physical dysfunction, is unable to manage his or her own resources, carry out the activities of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services.
- The format of this section is designed so that staff may view the legal rationale along with DSBS's procedure for criteria.
DCBS utilizes Structured Decision Making® (SDM) assessment tools. The SDM® tools are a series of evidence-based assessments used at key points in adult protection casework to support staff to make consistent, accurate, and equitable decisions throughout the work with adults and families. The intake assessment tool has two components: screening and response priority. When a report alleging adult maltreatment is received at central intake (CI), the screening component supports a SSW's decision regarding if the situation requires an adult protection response. Screening thresholds are based on legal, and regulatory requirements. If a response is needed, the response priority assessment assists the SSW to determine how quickly contact must be made with the adult to begin an investigation.
(9) “Mental injury” means a negative impact on the emotional or psychological state of the adult that is inconsistent with an individual’s medical care and:
(a) Requires medical or therapeutic treatment;
(b) Is manifested by a behavioral change; or
(c) Causes the person to feel fear, distress, humiliation, or ridicule.
(13) “Unreasonable confinement” means the unnecessary restriction of an adult’s movement through physical or chemical restraints of the unnecessary isolation of an individual.
(9) “Mental injury" means a negative impact on the emotional or psychological state of the adult that is inconsistent with an individual's medical care and:
(a) Requires medical or therapeutic treatment;
(b) Is manifested by a behavioral change; or
(c) Causes the person to feel fear, distress, humiliation, or ridicule.
(13) “Unreasonable confinement" means the unnecessary restriction of an adult's movement through physical or chemical restraints or the unnecessary isolation of an individual.
alleging a loss of resources has occurred, the adult's funds, assets, or property are being wrongfully used, mismanaged, or misappropriated by a person in a position of trust and that individual is doing so through:
11. The report concerns a situation or specific incident that is currently being investigated and no new additional information or change in the adult's circumstances is communicated by the reporting source.
12. The report concerns an incident that has already been investigated in the past thirty (30) calendar days and no new or additional information or change in the adult's circumstances is communicated by the reporting source; or
Delete
- Staff should follow the criteria outlined in the table below to determine whether or not a report meets criteria for investigation. The format of this section is designed so that staff may view the legal rationale alongside of the agency’s procedures for the criteria. Legal authority has been shaded in light blue to differentiate it from the SOP procedures.
- Forced sexual relations, including forced sex with others, animals, or foreign objects;
Unwanted fondling or touching;
Physical assault, including pushing, kicking, hitting, slapping, punching, strangling, pinching, burning, hair pulling, shoving, stabbing, shooting, beating, battering during pregnancy, striking with an object, and complaints of pain as a result of the assault;
Marks that are or have been observed on an adult that were allegedly inflicted by another individual;
Rough handling, (ex: forced feeding, roughness when transferring individual from bed to chair or during bathing);
Inappropriate use of physical or chemical restraints;
Threats of violence against the adult or others;
Threats with a weapon, including objects used as a weapon;
Forced isolation or imprisonment, unreasonable confinement;
Destruction or threats to destroy property and/or pets;
Forced to perform degrading acts;
Controlling activities such as sleep, eating habits, access to money, or social relationships;
Stalking;
Intimidation; or
Being hit in a critical area of the body, such as the head, face, neck, genitals, abdomen, or kidney area.
- Unmet personal or medical needs, such as bedsores, malnourishment, dehydration, inappropriate clothing, poor hygiene, incorrect use of medication, lack of food or inadequate food;
- Refusing or being unable to access medical or mental health care/treatment;
- Living in an unsafe environment, such as fire/safety hazard, roach/rat/insect infested dwelling, condemned building;
- Living alone and in life threatening conditions;
- Being unable to manage own resources;
- New onset of confusion and/or disorientation;
- Attempts to commit suicide; or
- Hoarding.
- This list in not all inclusive and may include other acts that the FSOS deems appropriate regarding adult self neglect.
- Abandonment or lack of supervision;
- Unmet personal or medical needs, such as bedsores, or incorrect administration of prescribed medication;
- Failure to provide adequate food or hydration;
- Adult has physical symptoms the require treatment due to poor hygiene as a result of an act or omission by the caretaker or the absence of the caretaker, and clothing is insufficient to meet the elements;
- Serious environmental health and safety hazards are present and the adult or the adult’s caretaker is not taking appropriate action to eliminate the problem;
- A lack of necessary and appropriate supervision has created physical health and safety risks to the adult;
- Forced isolation, unreasonable confinement; and
- Not obtaining needed mental health or medical services or permitting unnecessary pain
- Accepts a report for services for any of the following situations if the SSW and the adult (eighteen (18) years of age or older) agree:
- Physically or mentally dysfunctional, but is not being abused, neglected or exploited and is requesting services or in a situation in which services are requested at the direction of an individual through another individual or agency;
- An alleged victim of domestic violence who is requesting services; or
- Transitioning from out-of-home care (OOHC) and released from commitment within the past twelve (12) months and requesting services for self-sufficiency;
- The alleged victim is under the age of eighteen (18) and not married to the alleged perpetrator at the time of the alleged abusive incident;
Victims of domestic violence might be served through community resources, offered by the Kentucky Coalition Against Domestic Violence.
7/11/2025
- The format of this section is designed so that staff may view the legal rationale along with DSBS's procedure for criteria.
- Please be aware that the following list items are not all-inclusive and may include other acts that the FSOS deems appropriate.
Staff should follow the criteria outlined and defined within the KY SDM® Intake Assessment Manual to determine if reported allegations meet the criteria for investigation. Corresponding legal authority is listed for each portion of the acceptance criteria outlined within the SDM® manual.
Please be aware that the example items included in the SDM® manual are not all-inclusive and may include other acts that the FSOS deems appropriate.
- Reports that do not meet the criteria for an investigation may be linked to resources and services that will meet the needs of the adult.
- Accepts an interdisciplinary evaluation report (IDT) from the court for services when an adult is alleged to be partially disabled or disabled as referenced in KRS 387.540 and abuse, neglect, or exploitation are not alleged (IDT is a court order that is prescreened before the SDM® is utilized).
- The SSW accepts a report of adult abuse that alleges the following acts have occurred:
- Injuries or complaints of pain that may be the result of:
- Physical assault, including pushing, kicking, slapping, punching, strangling, pinching, burning, hair pulling, shoving, stabbing, shooting, beating, battering during pregnancy, striking with an object, and complaints of pain as a result of assault;
- An unknown origin when in a critical area (head, face, genitals, abdomen, or kidney areas);
- An aggressive action during care may include forced feeding, roughness when transferring from bed to chair, during bathing, etc.; or
- Marks that are or have been observed on an adult that were allegedly inflicted by another individual.
- Consider the status and functioning of the alleged adult perpetrator.
- Sexual contact or sexual activity that may be the result of:
Lack of cognitive capacity to consent;
Unwanted fondling or touching;
Unnecessary personal care; or
Forced contact.
- Conduct or behavior that results in involuntary seclusion that may be the result of:
- Controlling activities such as sleep, eating habits, access to money, or social relationships.
- Forced isolation or imprisonment, restricting the adult’s ability to move within their environment (when not medically necessary); or
- Inappropriate use of physical or chemical restraints.
- Conduct or behavior used to evoke fear in the adult. May be the result of:
- Threats of violence against the adult or others;
- Threats with a weapon, including objects used as a weapon;
- Destruction or threats to destroy property and/or pets; or
- Stalking.
- Extreme or unusual conduct or behavior that is used to control or discipline the adult, resulting in pain, injury, or mental injury. May be the result of:
Forced to perform degrading acts; or
Degrading or inhumane treatment, such as taking away the adult’s bed due to incontinence.
- The SSW accepts a report of adult self-neglect when alleged harm may occur to the adult’s health or welfare as a result of:
- Hygiene needs causing a decline that requires treatment or care, examples may include:
- Bedsores; or
- Inappropriate clothing.
- The adult being unable to provide their own nutrition of food or liquids which results in physical symptoms or requires treatment. Examples may include:
Inadequate amounts or nutritional value, resulting in malnutrition or dehydration;
Inability to prepare or procure food for safe ingestion; or
Insufficient resources for proper food storage, resulting in food poisoning or foodborne illness.
- The adult is unable to provide themselves with shelter that is free from serious health and safety hazards. Examples may include :
- Living in an unsafe environment, such as a fire/safety hazard, roach/rat/insect infested dwelling, or condemned building; or
- Hoarding.
- Adult being unable to seek or obtain medical treatment or rehabilitative care, resulting in an observable decline in health or welfare, injury, or long-term health effects. Examples may include:
- Incorrect use of medications;
- Refusing or being unable to access medical or mental health care/treatment; or
- Attempts to commit suicide.
- A lack of adequate supervision, causing potential safety threats that might threaten the adult's life or health. Examples may include:
- Being unable to manage own finances or resources; or
- Wanders from home and is unable to identify themselves and/or home address.
- The SSW accepts a report of caretaker neglect when alleging harm may occur to the adult's health or welfare as a result of;
- Hygiene needs causing a decline that requires treatment or care, because of an act or omission by the caretaker. Examples may include:
- Bedsores; or
- Insufficient clothing to meet the elements.
- Adult lacking adequate nutrition of food or liquids due to an act or omission by a caretaker which results in physical symptoms or requires treatment. Examples may include;
- Inadequate amounts or nutritional value resulting in malnutrition or dehydration;
- The caretaker refuses to prepare or procure food for safe ingestion; or
- Improper food storage that results in food poisoning or foodborne illness.
- Adult being without shelter that is free from serious health and safety hazards and the caretaker is not taking appropriate action to eliminate the problem. Examples may include;
Inadequate utilities and/or other access to resources required for the adult's medical or physical health;
No access to water for drinking, cooking, or bathing;
Human or pet feces and/or urine in living areas;
Infestation of bugs, rodents, or other pests; or
Blocked pathways’ and exits.
- The adult being without medical treatment or rehabilitative care for their conditions due to an act or omission by a caretaker, resulting in an observable decline in health or welfare, injury, or long-term health effects. Examples may include:
- Not obtaining needed mental health or medical services;
- Permitting unnecessary pain;
- Improper use of equipment or deviations from established medical care protocols, resulting in injury; or
- Refusal to administer and/or obtain needed medication(s).
- The lack of necessary and appropriate supervision due to an act or omission by the caretaker, causing potential safety threats that might threaten the adult's life or health. Examples may include:
Isolation in a manner that has restricted the adult from being able to move to safety (removal of wheelchairs, walkers, etc.); or
Aggressive incidents between residents.
Resident-to-Resident Allegations in Alternate Care Settings
The initial focus of resident-to-resident allegations in alternate care settings is on potential neglect involving the facility.
The SSW:
- Asks the following questions, in addition to the normal intake questions, when a report is received of a resident-to-resident incident:
- Was there a physical or mental injury resulting from the incident?
- What is the cognitive status of the residents involved?
- Is there a history of incidents involving either of the residents?
- What actions were taken by the facility to protect from further incidents?
Resident-to-Resident Allegations in Alternate Care Settings
The initial focus of resident-to-resident allegations in alternate care settings is on potential neglect involving the facility.
The SSW:
- Asks the following questions, in addition to the normal intake questions, when a report is received of a resident-to-resident incident:
- Was there a physical or mental injury resulting from the incident?
- What is the cognitive status of the residents involved?
- Is there a history of incidents involving either of the residents?
- What actions were taken by the facility to protect from further incidents?
- The SSW accepts a report of exploitation if alleging a loss of resources has occurred, the adult's funds, assets, or property are being wrongfully used, mismanaged, or misappropriated by a person in a position of trust, and that individual is doing so through:
- Force, deception, or manipulation;
- Isolation from friends, relatives, or important information, such as screening phone calls, denying visitors, or intercepting mail;
- Compelling physical or emotional dependency;
- Excessive charges for food, shelter, care, or services; or
- Unauthorized or fraudulent use of monies, resources, or assets;
Reports alleging exploitation by state guardianship staff should be screened for allegations of theft or misappropriation of the ward's funds as opposed to errors about fiduciary staff managing finances.
- The SSW:
- Accepts a report for services requested by an adult sixty-five (65) years of age or older, who is not physically or mentally dysfunctional, but is being abused, neglected, or exploited by a family member, household member, or caretaker;
- Accepts an interdisciplinary evaluation report (IDT) from the court for services when an adult is alleged to be partially disabled or disabled as referenced in KRS 387.540 and abuse, neglect, or exploitation are not alleged (IDT is a court order that is prescreened before the SDM® is utilized).
- Accepts a report for services for an adult eighteen (18) years of age or older who is physically or mentally dysfunctional, but is not being abused, neglected, or exploited and is requesting services or in a situation in which services are requested at the direction of an individual through another individual or agency;
- Accepts a report for services for an adult eighteen (18) years of age or older who is an alleged victim of domestic violence who is requesting services; or
- Accepts a report for services for an adult eighteen (18) years of age or older who is transitioning from out-of-home care (OOHC) and released from commitment within the past twelve (12) months and requesting services for self-sufficiency.
3. Interdisciplinary Report
(7) General adult services means a voluntary preventive service aimed at assisting:
(a) An adult to attain and function at his highest level of self-sufficiency and autonomy; and
(b) In maintaining the adult in the community.
922 KAR 5:090
(8) "General adult services" means a voluntary preventive service aimed at:
(a) Assisting an adult to attain and function at the adult's highest level of self-sufficiency and autonomy; and
(b) Maintaining the adult in the community.
- If SSW and the adult agree, an individual eighteen (18) years of age or older shall be eligible for general adult services:
- If he is:
- Mentally or physically dysfunctional and not in an abuse, neglect, or exploitation situation; and
- Requesting the service or in a situation where service is requested at the direction of an individual through another individual or agency;
- If an allegation of abuse, neglect, or exploitation is made and the alleged perpetrator is a:
- Former spouse;
- Former cohabiting partner; or
- Partner with a child in common.
- If he/she requests a transitioning service from out-of-home care within twelve (12) months of release from the Cabinet’s commitment.
- An individual sixty-five (65) years of age or older shall be eligible for general adult services if he is:
- Not mentally or physically dysfunctional; and
- Allegedly being abused, neglected, or exploited by a:
- Family member;
- Household member; or
- Caretaker.
922 KAR 5:090
Section 2. Criteria for Intake and Assessment.
- If a cabinet worker and the adult agree, an individual eighteen (18) years of age or older shall be eligible for general adult services if the individual:
- Is:
- Mentally or physically dysfunctional and not in an abuse, neglect, or exploitation situation; and
- Requesting the service or has directed the request for the service through another individual or agency;
- Is a victim as defined by KRS 209A.020(6); or
- Requests a transitioning service from out-of-home care within twelve (12) months of release from the cabinet's commitment.
- An individual sixty-five (65) years of age or older shall be eligible for general adult services if the individual is:
- Not mentally or physically dysfunctional; and
- Allegedly being abused, neglected, or exploited by a:
- Family member;
- Household member; or
- Caretaker.