39-1433. Same; duties of department of social and rehabilitation services; personal visit; investigation and evaluation; findings referred to appropriate regulating authority, when; information provid
39-1433
39-1433. Same; duties of department of social andrehabilitation services; personal visit; investigation and evaluation; findingsreferred to appropriate regulating authority, when; information provided tocertain persons.(a) The department of social and rehabilitation services upon receiving areport that an adult is being, or has been abused, neglected, or exploitedor is in need of protective services, 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 adult:
(A) Within 24 hours when the information from the reporter indicatesimminent danger to the health or welfare of the involved adult;
(B) within three working days for all reports of suspected abuse, whenthe information from the reporter indicates no imminent danger;
(C) within five working days for all reports of neglect or exploitationwhen the 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 adult and what action and services, if any, arerequired. The evaluation shall include, but not be limited to, consultationwith those individuals having knowledge of the facts of the particular case.If conducting the investigation within 30 working days would interfere withan ongoing criminal investigation, the time period for the investigation shallbe extended, but the investigation and evaluation shall be completed within 90working days. If a finding is made prior to the conclusion of the criminalinvestigation, the investigation and evaluation may be reopened and a newfinding made based on any additional evidence provided as a result of thecriminal investigation. If the alleged perpetrator is licensed, registeredor otherwise regulated by astate agency, such state agency also shall be notifiedupon completion of the investigation or sooner if such notification does notcompromise the investigation.
(4) Prepare, upon completion of the investigation of each case, a writtenassessment which shall include an analysis of whether there is or has beenabuse, neglect or exploitation, recommended action, a determination ofwhether protective services are needed, and any follow-up.
(b) The secretary of social and rehabilitation services shall forward anyfinding of abuse, neglect or exploitation alleged to have been committed by aprovider of services licensed, registered or otherwise authorized to provideservices in this state to the appropriate state authority which regulates suchprovider. The appropriate state regulatory authority may consider the findingin any disciplinary action taken with respect to the provider of services underthe jurisdiction of such authority.
(c) The department of social and rehabilitation services 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, upon completion ofthe investigation or sooner, if such measures do not jeopardize theinvestigation.
(d) The department of social and rehabilitation services may inform the chiefadministrative officer of community facilities licensed pursuant to K.S.A.75-3307b and amendments thereto of confirmed findings of resident abuse,neglect or exploitation.
History: L. 1989, ch. 129, § 4;L. 1998, ch. 200, § 10;L. 2003, ch. 91, § 14;L. 2005, ch. 30, § 1; July 1.