922 KAR 5:102. Domestic violence protective services

Link to law: http://www.lrc.ky.gov/kar/922/005/102.htm
Published: 2015

      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.)
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