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Effective: 7/15/2024

2.3 Acceptance Criteria

Legal Authority

Introduction

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​The Department for Community Based Services (DCBS) accepts reports that are based on the statutory and regulatory definitions of abuse or neglect, where the alleged perpetrator is in a caretaking role. If DCBS receives a report of alleged abuse committed 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. The SSW will provide the content of the report and the receiving agency will determine the follow-up concerning the matter. DCBS will only accept reports involving a non-caretaker if the report involves allegations of human trafficking and/or female genital mutilation.

DCBS utilizes Structured Decision Making® (SDM®) assessment tools. The SDM® tools are a series of evidence-based assessments used at key points in child protection casework to support staff to make consistent, accurate, and equitable decisions throughout the work with families. The intake assessment tool has two components: screening and response priority. When a report alleging child maltreatment is received at central intake (CI), the screening component supports an SSW's decision regarding whether the situation requires a child protection response. Screening thresholds are based on local, legal, and regulatory requirements. If a response is needed, the response priority assessment assists the SSW in determining how quickly contact must be made with the family to begin an investigation. This helps ensure that a rapid response is initiated when there may be an immediate safety threat, while also identifying reports that can be assigned for a delayed response to better manage agency resources.

The identity of a person who reports allegations of child abuse or neglect is kept confidential. Reports of alleged child abuse or neglect from a person who wishes to remain anonymous will be accepted; however, DCBS staff encourage all reporters to provide contact information so follow-up can occur if more information is needed.

A report that does not meet acceptance criteria, which means it does not meet the statutory and regulatory definitions of abuse, neglect, or dependency where the alleged perpetrator is in a caretaking role, is documented in TWIST under the "Does Not Meet" path by the SSW taking the report. This information can be found in SOP 2.2 Reports Not Accepted for Assessment/Investigation.  

Reports regarding allegations that do not meet the statutory and regulatory definitions of abuse or neglect but require DCBS assignment fall into the category of a non-investigatory response. Information regarding non-investigatory response can be found in SOP 2.4 Non-Investigatory Response.  

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Practice Guidance

  1. ​​A report that meets child abuse, neglect, or dependency criteria which involves an alleged perpetrator between the age of twelve (12) and seventeen (17) years old who is in a caretaking role ​will be accepted.  If substantiated, the child aged twelve (12) to seventeen (17) will be identified as the perpetrator.
  2. When a caretaker has an active child protection services (CPS) case and there is a new allegation that meets either CPS or adult protection services (APS) acceptance criteria, the report will be accepted and will be investigated or assessed as all other reports.
  3. If a new allegation is received within fifteen (15) working days of the original allegation and is not the same program/subprogram as the original allegation, the SSW may add the new information to the existing report as a second (2nd) incident after it is screened using the certified SDM® tool. Only one (1) second (2nd) incident can be attached to an intake. A third (3rd) or fourth (4th) incident cannot be added.  
    1. Human trafficking, fatality/near fatality, dependency, and resource/facility cases will not have a second (2nd) incident and will not be assigned as second (2nd) incidents at any time. ​
    2. Best practice allows a new report on the same family to be assigned to the original worker to ensure the cases are being handled by the same office for clarity and consistency.
  4. ​Case modification can only occur during the first forty-five (45) working days of a CPS investigation. Case modifications include adding an individual to a report or adding an additional victim/perpetrator pairing to a report. An additional victim/perpetrator pairing can only be added if the allegation on the new pair meets acceptance criteria, and the justification is provided.  
  5. DCBS has a Memorandum of Understanding (MOU) with the Justice and Public Safety Cabinet​ which permits DCBS permission to investigate allegations of abuse or neglect that occur in Department of Juvenile Justice (DJJ) facilities.
  6. If an infant is relinquished, but there are indicators of physical abuse or neglect, the report no longer falls under the Safe Infant Act per KRS 620.350 Abandoned newborn infant -- Emergency custody order -- No investigation of abandonment -- Placement in a foster home -- Inquiry to ensure that infant is not missing child -- Involuntary termination of parental rights​. The report should be screened accordingly and assigned under the appropriate maltreatment program/subprogram.  
  7. If the parent has already made an appropriate adoptive plan for the child, the reported maltreatment should still be screened, and the investigation should be worked simultaneously with the adoptive plan. An appropriate adoptive plan includes confirmation that the parent(s) are working with a licensed adoptive agency or an attorney.​




Procedure

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  1. 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. 
  2. 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. 
  3. If a report meets the criteria for acceptance and is then designated as a fatality/near fatality please refer to SOP 2.14 Investigations of Child Fatalities and Near Fatalities​.​ 
  4. Reports from court-designated workers (CDW), and Family Accountability, Intervention, and Response (FAIR) teams are accepted under the appropriate program/subprogram within this section if the report contains dependency, abuse, or neglect allegations.
  5. Upon receipt of a report alleging domestic violence or maltreatment of a youth in an intimate cohabitating relationship under the age of eighteen (18), the intake SSW may consider an allegation for supervision neglect if there is an allegation of a caregiver's failure to protect the youth.

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Physical Abuse Legal Rationale​


Legal rationale: 
KRS 600.020 (1) (a)(3) "Abused or neglected child" means a child whose health or welfare is harmed or threatened with harm when: 
(a) His or her parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045, or other person exercising custodial control or supervision of the child: 
1. Inflicts or allows to be inflicted upon the child physical or emotional injury as defined in this section by other than accidental means;
2. Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means;
3. Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to alcohol and other drug abuse as defined in KRS 222.005; 

Legal rationale: 922 KAR 1:330 Section 2(4)(a)

(4) Acceptance criteria for an investigation or assessment. The Cabinet shall:

(a) Investigate or conduct an assessment upon the receipt of a report of physical abuse if the report alleges:

  1. An injury that is, or has been, observed on a child that was allegedly inflicted non-accidentally by a caretaker;
  2. Physical abuse if no current observable injury is seen;
  3. A child being hit in a critical area of the body, such as the head, neck, genitals, abdomen, or back;
  4. Physical injury to a child, as defined by KRS 600.020(49), which is the result of an altercation between the child and the caretaker. The Cabinet shall explore the following:
    1. ​​Age of the child;
    2. Precipitating factors;
    3. Degree of appropriateness of force used by the caretaker; and
    4. ​Need for further services to assist in eliminating violent behavior in the home;
  5. A situation in which a child is likely to be physically abused; or
  6. Physical injury to a child involved in an incident of domestic violence;

Sexual Abuse Legal Rationale​​​


    1. 922 KAR 1:330 Section 2 A Report of Child Abuse, Neglect, or Dependency.
      (4) Acceptance criteria for an investigation or assessment. The cabinet shall:
      (c) Investigate or conduct an assessment upon the receipt of a report of sexual abuse if the report:
      1.Alleges sexual abuse of a child committed or allowed to be committed by a caretaker. An investigation may be conducted without a specific allegation if a child has a sexually transmitted disease; or
      2.Alleges a situation in which the factors provided in the report indicate that:
      a. An act of sexual abuse, sexual exploitation, or prostitution involving a child may have occurred; or
      b. The child exhibits physical or behavioral indicators of sexual abuse;

Legal Rationale: (KRS 532.045) Section (1)(b) "Position of special trust" means a position occupied by a person in a position of authority who by reason of that position is able to exercise undue influence over the minor;

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​​​​​​​​​​Human Trafficking Legal Rationale


Legal Rationale: 
922 KAR 1:330 Section 2: A Report of Child Abuse, Neglect, or Dependency.
(4) Acceptance criteria for an investigation or assessment. The cabinet shall:

(b) Investigate or conduct an assessment upon receipt of a report that alleges neglect of a child perpetrated by a caretaker that may result in harm to the health and safety of a child in the following areas:
​9. Exploitation neglect if the: 
​​​c. Child is a victim of human trafficking;

Neglect Legal Rationale

​​
922 KAR 1:330 Section 2: A Report of Child Abuse, Neglect, or Dependency.
(4) Acceptance criteria for an investigation or assessment. The cabinet shall:

(b) Investigate or conduct an assessment upon receipt of a report that alleges neglect of a child perpetrated by a caretaker that may result in harm to the health and safety of a child in the following areas:

1. Hygiene neglect if:
a. A child has physical symptoms that require treatment due to poor care; or
b. The child's physical health and safety are negatively affected due to an act or omission by the caretaker;

2. Supervision neglect if the individual reporting has reason to believe that the physical health and safety of the child may be negatively affected by lack of necessary and appropriate supervision;

3. Food neglect if a child shows symptoms of 
a. malnutrition; 
b. dehydration; 
c. not having been provided adequate food for a period of time that interferes with the health needs of the child, based on height or weight norms for the child’s age.

​4. Clothing neglect if a child suffers from:
a. Illness;
b. Exposure; or
c. Frostbite due to inadequate clothing provided to the child or the clothing provided is insufficient to protect the child from the elements;

5. Environmental neglect, if a serious health and safety hazard is present and the caretaker is not taking appropriate action to eliminate the problem;

6. Educational neglect if the:
a. School system has exhausted its resources to correct the problem and complied with its duties pursuant to KRS 159.140; and
b. Caretaker's neglect prevents the child from attending school or receiving appropriate education;

​7. Medical neglect, in accordance with 42 U.S.C. 5106a(b)(2)(C), if a child has not received a medical assessment or is not receiving treatment for an injury, illness, or dis-ability that if left untreated may:
a. Be life-threatening;
b. Result in permanent impairment;
c. Interfere with normal functioning and worsen; or
d. Be a serious threat to the child's health due to the outbreak of a vaccine preventable disease, unless the child is granted an exception to immunization pursuant to KRS 214.036;

​8. Neglect due to a caretaker’s use of drugs or alcohol that results in:
a. A child born exposed to drugs or alcohol, as documented by a health care provider pursuant to:
(i) 42 U.S.C. 5106a(b)(2)(B)(ii); and
(ii) KRS 620.030(2);

9. Exploitation neglect if the:  
a. Caretaker has used a child or child’s financial resources for personal gain; 
b. Caretaker has enticed a child to become involved in criminal activities;

KRS 214.036 Exceptions to testing or immunization requirement:

Nothing contained in KRS 158.035, 214.010, 214.020, 214.032 to 214.036, and 214.990 shall be construed to require the testing for tuberculosis or the immunization of any child at a time when, in the written opinion of his attending physician, such testing or immunization would be injurious to the child's health. Nor shall KRS 158.035, 214.010, 214.020, 214.032 to 214.036, and 214.990 be construed to require the immunization of any child whose parents are opposed to medical immunization against disease, and who object by a written sworn statement to the immunization of such child on religious grounds. Provided, however, that in the event of an epidemic in a given area, the Cabinet for Health and Family Services may, by emergency regulation, require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic.

Emotional Injury Legal Rationale


922 KAR 1:330 Section 2: A Report of Child Abuse, Neglect, or Dependency.

​(4) Acceptance criteria for an investigation or assessment. The cabinet shall:
​​(d) Investigate or conduct an assessment upon the receipt of a report that alleges emotional injury or risk of emotional injury to a child by a caretaker pursuant to KRS 600.020(26);
KRS 600.020:
(26) "Emotional injury" means an injury to the mental or psychological capacity or emotional stability of a child as evidenced 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 as testified to by a qualified mental health professional;



Related Information​


Any report received by the Cabinet must meet acceptance criteria prior to the Division of Protection and Permanency (DPP) staff initiating an investigation or assessment, regardless of the source of the report (please refer to CHFS v. Hon. Eleanore Garber and Hon. Jerry Bowles).   If a court orders an investigation or assessment of allegations that do not meet the Cabinet's acceptance criteria, the FSOS consults with regional leadership as necessary.​ ​

Documents

Revisions

​3/00/2024

Case modification can only occur during the first forty-five (45) thirty (30) working days of a CPS investigation. Case modifications include adding an individual to a report or adding an additional victim/perpetrator pairing to a report. An additional victim/perpetrator pairing can only be added if the allegation on the new pair meets acceptance criteria and the justification is provided. is directly related to the original incident of reported maltreatment. 
Addition: 

4.  Reports from court-designated workers (CDW) and Family Accountability, Intervention, and Response (FAIR) teams are accepted under the appropriate program/subprogram within this section if the report contains abuse or neglect allegations.

5.  Upon receipt of a report alleging domestic violence or maltreatment of a youth in an intimate cohabitating relationship under the age of eighteen (18), the intake SSW may consider an allegation for supervision neglect, if there is a sufficient allegation of a caregiver's failure to protect the youth.​



Delete: 

is directly related to the original incident of reported maltreatment. 

The format of this section is designed to help staff view the DCBS acceptance criteria above the corresponding legal rationale for the criteria.

The intake SSW will accept a physical abuse report when the reporting source alleges that: 
  1. A caretaker caused a non-accidental physical injury when: ​​
    1. ​There is  a physical injury with intent to harm, AND the injury was more than superficial. The injury can also be unseen (i.e., internal injury);
    2. A caretaker intentionally carried out a disciplinary action that resulted in physical injury that was more than superficial, even if the intent was not to harm; or 
    3. A caretaker's reckless actions resulted in an injury that was more than superficial. 
  2. ​A child has a suspicious physical injury that is more than superficial, and the reporter does not know how the injury happened,  and the nature of the injury suggests that it is non-accidental. This includes all injuries that a medical professional describes as consistent with abuse;
  3. A child has been subjected to excessive or cruel punishment which is likely to cause serious physical injury.  Excessive or cruel punishment includes situations in which the caretaker is responding to or attempting to correct the child’s behavior, however, the caretaker uses physical discipline that is age inappropriate, or displays no semblance to reasonable discipline. This includes inappropriate restraint;
  4. A child has incurred female genital mutilation.  This includes when a caretaker engages in female circumcision or removal, cuts or repositioning of the whole or any part of the female genitalia on a child under age eighteen (18).  This criteria is applicable regardless of whether the procedure is a part of religious practice.  The criteria is not applicable if the procedure is a medically necessary procedure ordered by and performed by a physician.  This includes all other harmful procedures to the female genitalia for non-medical purposes, such as infibulating, removing, narrowing, pricking, piercing, incising, scraping, sealing, and cauterizing the genital area. Reports of female genital mutilation are always investigated jointly between the Cabinet for Health and Family Services (CHFS/Cabinet) and law enforcement.
  5. A caretaker has caused a threat of physical abuse  when there is an allegation that without intervention a caretaker's behaviors will likely cause serious injury. It is not necessary for a reporter to determine that an injury has occurred. Consider the child’s age and development in combination with the caretaker's action; ​​

II. Sexual Abuse

​
  1. An adult caretaker has engaged in, or has attempted to engage in, sexual contact with a child such as touching a child’s genitals, causing a child to touch the genitals of another person, or has made other physical contact with a child for the purpose of sexual stimulation. 
  2. A caretaker has exposed a child to sexually explicit conduct or materials (non-contact sexual abuse).  Though no sexual contact is reported, an adult seeks sexual stimulation in a way that involves a child, with or without the child’s knowledge. 
  3. ​​The threat of sexual harm may exist when a child is reported as exhibiting physical, behavioral, or other suspicious indicators that may be connected to sexual abuse (regardless of disclosure). ​


​III. Human Tr​afficking ​

  1. ​Child sex trafficking when the caretaker is the alleged perpetrator involves any sex act involving a minor in exchange for anything of value. This includes but is not limited to cash, drugs, jewelry, clothing, food, shelter, protection, or transportation.  This could also include the offer or intent to exchange something of value for sexual favors.
  2. ​Child sex trafficking when a non-caretaker is the alleged perpetrator involves any sex act involving a minor in exchange for anything of value. This includes but is not limited to cash, drugs, jewelry, clothing, food, shelter, protection, or transportation.  This could also include the offer or intent to exchange something of value for sexual favors.
  3. Child labor trafficking when a caretaker is the alleged perpetrator involves any labor services provided by the child using force, fraud, or coercion; subjecting the child to involuntary servitude, debt, or slavery.
  4. Child labor trafficking when a non-caretaker is the alleged perpetrator involves any labor services provided by the child using force, fraud, or coercion; subjecting the child to involuntary servitude, debt, or slavery.

IV. Neglect

  1. ​​Action or inaction resulting in the failure to thrive.
    1. ​​​​​​​​​​The child has a current diagnosis of non-organic failure to thrive​ completed by a qualified medical professional ; or
    2. A qualified medical professional states that there are indicators of failure to thrive, but a formal diagnosis has not yet been made.
  2. ​​​​​​​Inadequate clothing or hygiene. 
    1. A caretaker has failed to meet a child’s basic needs for clothing and/or hygiene to the extent that the child’s daily activities are adversely impacted or the child has experienced medical consequences. 
  3. Inadequate shelter/exposure to an unsafe home or immediate environment.
    1. ​A caretaker is unable or unwilling to provide basic shelter for the child, or the child’s home environment contains hazards that if not resolved could lead to illness or injury of the child. 
  4. Inadequate food/nutrition or malnutrition.
    1. ​A caretaker has not provided the child with adequate food for a period of time; or
    2. The child has special dietary needs that are not being met and as a result the child shows symptoms of malnutrition, failure to thrive, dehydration, or the lack of food provision interferes with the child’s health needs. A child's age and physical needs should be considered and height and weight should be assessed using appropriate averages.
  5. Inadequate medical, dental, and/or mental health care.
    1. The unreasonable delay, refusal, or failure of the caretaker to seek, obtain, and/or maintain necessary medical, dental, or mental health care when the caretaker is aware, or should reasonably be expected to know, that such actions may have an adverse impact on the child. Adverse effect may include life-threatening conditions, permanent impairment, impeded normal physical functioning, and conditions that will become worse without treatment.  Adverse effect may also include serious threat to the child’s health due to an outbreak of a vaccine-preventable disease, unless the child is granted an exception pursuant to KRS 214.036 Exceptions to testing or immunization requirement​..  
  6. Inadequate supervision.
    1. The caretaker is present but inattentive to the child actions or needs;
    2. The caretaker has made inadequate care arrangements for the child, which resulted in injury or is likely to result in injury due to lack of supervision.  
  7. Caretaker absence or abandonment.
    1. A child has been abandoned. 
      1. A child who is unable to identify themself is left unattended and there is no available evidence to identify the child’s family;.
      2. There is evidence that the caretaker will not assume further responsibility for the child; 
      3. The caretaker did not intend for the child to survive (e.g., infant left in a dumpster); or
      4. It is not known where the caretaker is or approximately when the caretaker will return.
  8. Educational neglect/truant child.
    1. ​​​Educational neglect occurs when a school-aged child is excessively absent from school through the caretaker’s intent or neglect, and there is a documented negative impact on the child’s educational performance. ​
  9. Substance-affected infant is.
    1. A child born with non-prescribed drugs in their system or showing signs of withdrawal from non-prescribed drugs (please refer to 42 USC 5106a(b)(2)(A)(ii) and KRS 620.030(2).
  10. Exploitation occurs when;
    1. A caretaker  used a child or a child’s financial resources for personal gain, 
    2. A caretaker enticed a child to become involved in criminal activities.​​
​​

V. ​Emotional Injury

  1. If a caretaker's action has caused or is likely to cause emotional injury to a child.
    1. ​A caretaker has a pattern of negative behavior; 
    2. A caretaker exhibits repeated destructive interpersonal interactions; or
    3. Presents a single, significant destructive interaction toward the child that has or is  likely to have an impact on the child’s emotional well-being. 
  2. ​​​​​Threat of emotional injury may be present if:
    1. ​A child is exposed to one or more incidents of violence between caretakers and/or other household members as indicated by the child seeing, hearing, or trying to intervene in the incident of violence; or
    2. A child is known to experience the buildup of tension or aftermath of the assault.

Contingencies and Clarifications​

  1. ​Reports from court designated workers (CDW) and family accountability, intervention, and response (FAIR) teams are accepted under the appropriate program/subprogram within this section, if the report contains abuse or neglect allegations.
  2. ​Upon receipt of a report alleging domestic violence or maltreatment of a youth in an intimate cohabitating relationship under the age of eighteen (18), the intake worker may consider an allegation for supervision neglect, if there is a sufficient allegation of a caregiver's failure to protect the youth.​


7/15/2024

  1. Reports from court-designated workers (CDW), and Family Accountability, Intervention, and Response (FAIR) teams are accepted under the appropriate program/subprogram within this section if the report contains dependency, abuse, or neglect allegations.