922
KAR 5:102. Domestic violence protective services.
RELATES TO: KRS 61.872, 194A.010, Chapter 209A
STATUTORY AUTHORITY: KRS 194A.050(1), 209A.030(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
194A.050(1) requires the secretary to adopt all administrative regulations
necessary under applicable state laws to protect, develop, and maintain the
health, personal dignity, integrity, and sufficiency of the individual citizens
of the Commonwealth and necessary to operate the programs and fulfill the
responsibilities vested in the cabinet. KRS 209A.030(1) authorizes the
secretary to promulgate administrative regulations necessary for safeguarding
the welfare of adults who have experienced domestic violence. This
administrative regulation establishes procedures for the provision of domestic
violence protective services to adults who choose to access those services.
Section 1. Definitions. (1) "Abuse" is
defined by KRS 209A.020(6).
(2) "Adult" is defined by KRS
209A.020(4).
(3) "Authorized agency" is defined by
KRS 209A.020(10).
(4) "Investigation" is defined by KRS
209A.020(7).
(5) "Neglect" is defined by KRS
209A.020(9).
(6) "Protective services" is defined by
KRS 209A.020(5).
(7) "Records" is defined by KRS
209A.020(8).
Section 2. Receiving a Report. (1) An individual
suspecting that an adult has suffered from domestic violence shall:
(a) Report to the cabinet in accordance with KRS
209A.030(2) and (3); and
(b) Provide the information specified in KRS
209A.030(4).
(2) The identity of the reporting individual
shall remain confidential in accordance with KRS 209A.080.
(3) The cabinet shall make available a
twenty-four (24) hour on-call response system for emergency reporting after
normal office hours.
(4) The cabinet shall investigate an anonymous
report that provides sufficient information regarding domestic violence.
(5) Upon accepting a report for investigation of
domestic violence, the cabinet shall:
(a) Initiate an investigation of the complaint in
accordance with KRS 209A.030(5); and
(b) Take into consideration the safety of the
adult when proceeding with the actions necessary to initiate the investigation.
(6) The following criteria shall be used in
identifying a report of abuse or neglect not requiring a domestic violence
protective service investigation:
(a) There is insufficient information to:
1. Identify or locate the adult; or
2. Explore leads to identify or locate the adult;
or
(b) The report does not meet the statutory
definitions of:
1. Adult; and
2.a. Abuse; or
b. Neglect.
(7) If the report is not accepted for
investigation of alleged domestic violence, designated regional cabinet staff
may refer the reporting source to:
(a) Community resources, including domestic
violence shelters that meet standards specified in 922 KAR 5:040;
(b) General adult services in accordance with 922
KAR 5:090; or
(c) Adult protective services in accordance with
922 KAR 5:070.
(8) For a report accepted for investigation of
alleged domestic violence, designated regional cabinet staff shall prepare an
intake report in accordance with 922 KAR 5:070, Section 2(10).
(9) If a victim of domestic violence does not
meet the criteria established in KRS Chapter 209A, the victim may be serviced
by referring the victim to:
(a) Community resources, including domestic
violence shelters that meet the standards specified in 922 KAR 5:040;
(b) General adult services in accordance with 922
KAR 5:090; or
(c) Adult protective services in accordance with
922 KAR 5:070.
Section 3. Domestic Violence Protective Service
Investigations. (1) If the contact does not pose a safety concern for the adult
or cabinet staff, a domestic violence protective service investigation may
include contact with the alleged perpetrator and collaterals with the expressed
permission of the adult.
(2) Requests for written information of the
domestic violence protective service investigation, except for court ordered
releases, shall be handled through the open records process in accordance with
KRS 61.872 and 922 KAR 1:510.
(3) Designated regional cabinet staff shall
initiate the investigation of a report of domestic violence. If the accepted
report indicates that an adult is:
(a) At risk of immediate and serious physical
harm or death, the investigation shall be initiated within (1) hour; or
(b) Not at risk of immediate and serious physical
harm or death, the investigation shall be initiated within forty-eight (48)
hours.
(4) If permission is granted by the adult,
designated regional cabinet staff may take photographs, audio, or video recordings.
(5)(a) The cabinet shall obtain a written
voluntary statement of domestic violence if the adult, witness, or alleged
perpetrator is willing to provide the written statement; and
(b) The cabinet shall inform the adult, witness,
or alleged perpetrator that the:
1. Statement may be shared with appropriate
authorized agencies; and
2. Individual may be required to testify in a
court of law.
(6) If the cabinet is investigating a report of
alleged domestic violence resulting in death, designated regional cabinet staff
shall:
(a) Examine the coroner's or doctor's report;
(b) Obtain a copy of the death certificate for
the case record, if possible; and
(c) Notify the commissioner or designee.
Section 4. Results of the Investigation. (1)
Designated regional cabinet staff shall address the following when evaluating
the results of the investigation:
(a) The adult’s account of the situation, if
possible;
(b) The alleged perpetrator’s account of the
situation, if available;
(c) The information supplied by collateral
contact;
(d) Records and documents;
(e) The assessment information;
(f) Previous reports involving the adult or
alleged perpetrator; and
(g) Other information relevant to the protection
of an adult.
(2) The findings of the domestic violence
protective service investigation:
(a) Shall be documented on the cabinet’s
database; and
(b) May be shared in accordance with the
confidentiality requirements of KRS 209A.080.
(3) If an issue or concern identified by the
cabinet does not require a protective service case being opened, the cabinet
may work with the adult to develop an aftercare plan:
(a) At the consent of the adult; and
(b) In an effort to prevent a recurrence of
domestic violence.
Section 5. Substantiation Criteria and Submission
of Findings. (1) If preponderance of evidence exists, designated regional
cabinet staff may make a finding of and substantiate domestic violence.
(2) A finding made by cabinet staff shall not be
a judicial finding.
(3) Cabinet supervisory staff shall review and
approve a finding of an investigation prior to its finalization.
Section 6. Opening a Case. (1) The cabinet may
open a case as a result of a domestic violence protective service investigation
if the cabinet receives a voluntary request for, or acceptance of, services by
the adult who needs protective services.
(2) The cabinet shall develop an adult’s case
plan with the adult and, upon consent of the adult, may include consideration
of the following:
(a) Designated regional
cabinet staff;
(b) Family members;
(c) Family friends;
(d) Community partners; or
(e) Other individuals
requested by the adult.
(3) Within thirty (30) calendar days of opening a
case, designated regional cabinet staff shall:
(a) Initiate a case plan with the adult; and
(b) Submit the plan to supervisory staff for
approval.
Section 7. Case Closure and Aftercare Planning.
(1) The cabinet’s decision to close a domestic violence protective service case
shall be based upon:
(a) Evidence that the factors resulting in
domestic violence are resolved to the extent that the adult’s needs, as defined
by the adult have been met; or
(b) The request of the adult
(2) An adult shall be:
(a) Notified in writing of the decision to close
the domestic violence protective service case, after a safe address has been
determined; and
(b) Advised of the right to request a service
appeal in accordance with Section 8 of this administrative regulation.
(3) If a domestic violence protective service
case is appropriate for closure, the cabinet may work with the adult to develop
an aftercare plan:
(a) At the consent of the adult; and
(b) In an effort to prevent a recurrence of
domestic violence.
(4) If the cabinet closes the domestic violence
protective service case in accordance with this section, aftercare planning may
link the adult to community resources for the purpose of continuing preventive
measures.
Section 8. Appeal Rights. A victim of domestic
violence may request a service appeal in accordance with 922 KAR 1:320, Section
2. (32 Ky.R. 1033; 1455; 1681; eff. 3-9-2006.)
