39-1404. Same; duties of department of social and rehabilitation services and department of health and environment; personal visit; investigation and evaluation; information provided to certain person
39-1404
39-1404. Same; duties of department of social andrehabilitationservices and department of health and environment; personal visit;investigation and evaluation; information provided to certain persons.(a) The department of health and environment or the department of social andrehabilitation services upon receiving a report that a resident is being, orhas been, abused, neglected or exploited, or is in a condition which is theresult of such abuse, neglect or exploitation or is in need of protectiveservices shall:
(1) When a criminal act has occurred or has appeared to have occurred,immediately notify, in writing, the appropriate law enforcement agency;
(2) make a personal visit with the involved resident:
(A) Within 24 hours when the information from the reporter indicatesimminent danger to the health or welfare of the involved resident;
(B) within three working days for all reports of suspected abuse, when theinformation from the reporter indicates no imminent danger; or
(C) within five working days for all reports of neglect or exploitation whenthe information from the reporter indicates no imminent danger.
(3) Complete, within 30 working days of receiving a report, a thoroughinvestigation and evaluation to determine the situation relative to thecondition of the involved resident and what action and services, if any, arerequired. The investigation shall include, but not be limited to, consultationwith those individuals having knowledge of the facts of the particularcase; and
(4) prepare, upon a completion of the evaluation of each case, a writtenassessment which shall include an analysis of whether there is or has beenabuse, neglect or exploitation; recommended action; a determination of whetherprotective services are needed; and any follow up.
(b) The department which investigates the report shall inform thecomplainant, upon request of the complainant, that an investigation has beenmade and, if the allegations of abuse, neglect or exploitation have beensubstantiated, that corrective measures will be taken if required uponcompletion of the investigation or sooner if such measures do not jeopardizethe investigation.
(c) The department on aging mayinform the chief administrative officer of a facility as defined by K.S.A.39-923 and amendments thereto within 30 days of confirmed findings ofresident abuse, neglect or exploitation.
History: L. 1980, ch. 124, § 4;L. 1983, ch. 149, § 4;L. 1990, ch. 153, § 4;L. 1997, ch. 161, § 5;L. 1998, ch. 200, § 6;L. 2003, ch. 91, § 5; L. 2003, ch. 149, § 27; July 1.