††††† 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 adultís account of the situation, if possible;

††††† (b) The alleged perpetratorís 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 cabinetís 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 adultís 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 cabinetís 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 adultís 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.)