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.