10210 Contacts During the Investigation
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10210 Contacts During the Investigation

  1. Reasonable Efforts to Determine Safety

K.S.A. 39 – 1433(2) requires a face to face visit with the Involved Adult (IA). Telephone or letter contact is not sufficient. The face to face visit shall be made within the assigned response time to assess the Involved Adult’s safety. Reasonable effort is made if the APS Protection Specialist attempted to contact the Involved Adult in a location where it is reasonable to expect the Involved Adult to be found. If the APS Protection Specialist is able to locate the Involved Adult, the face to face visit shall be made within the assigned response time. The APS Protection Specialist shall attempt at least two (2) times to locate the Involved Adult. The two (2) attempts must be made in person and within the assigned response time.

  1. Allowable Reasons to Not Determine Safety within Required Response Time

There may be instances when it is not possible to determine safety of the Involved Adult within the assigned response time. If contact is not made in the assigned response time, notify APS supervisor. Allowable reasons include:

  1. Unable to locate Involved Adult; 
  2. Involved Adult has left the state; 
  3. Referred to Law Enforcement and APS Protection Specialist has been directed by law enforcement or the county/district attorney not to proceed; 
  4. After two unsuccessful attempts to locate the Involved Adult. 
  5. If the Involved Adult refuses contact and/or refuses to cooperate.
  6. Involved Adult fails to keep scheduled appointments:
  7. Natural or man-made disasters which create conditions that make it unsafe to get to the Involved Adult. Attempt to contact as soon as conditions permits. If the immediate safety of the adult needs to be assessed, contact law enforcement to request assistance; 
  8. The Involved Adult is deceased. 
  1. Initial Contact/Safety Determination of the Involved Adult

Initial contact with the Involved Adult shall be made within the time frame assigned on the intake and in accordance with KSA 39-1433(a). During the interview with the Involved Adult the APS Protection Specialist shall: 

  1. Gather information in regard to the allegations contained in the report; 
  2. Assess the safety/risk of the Involved Adult; 
  3. Obtain information regarding any current services the Involved Adult is receiving from community agencies or more informal providers, such as family or friends; 
  4. Advise the involved adult the APS Protection Specialist is required to contact law enforcement if the APS Protection Specialist suspects a crime has occurred. If contacting law enforcement may increase the risk to the Involved Adult, discuss options with the supervisor prior to notifying law enforcement. 
  5. Provide the Involved Adult the Client Rights brochure, PPS 10205, if the allegation is self-neglect or the PPS 10208 for all other allegations and document in KIPS. 

If APS Protection Specialist did not provide the appropriate brochure during the initial face to face contact, the brochure can be mailed, using the reported address or last known address of the Involved Adult or provided to them on a subsequent visit.

If the APS Protection Specialist is not able to make face to face contact with the Involved Adult and the address of the Involved Adult was provided in the report, the appropriate Client Rights brochure shall be mailed to the Involved Adult at that address.

If the reporter did not provide the address for the Involved Adult and the APS Protection Specialist has not been able to obtain an address, this information shall be documented in KIPS as the reason the Client Rights brochure was not provided to the Involved Adult.

If the Involved Adult has a guardian and the identity and contact information for the guardian is available, the appropriate Client’s Rights brochure shall be provided to the guardian, rather than to the Involved Adult.

  1. Use of Authorized Collaterals for Safety Determination 

On rare occasions, with supervisory approval, information gathered from authorized collaterals may be used to ascertain safety. The date of the in-person visit by the authorized collateral shall be entered into KIPS as the initial face to face date.

Authorized collateral may be any one of the following:

  1. Another DCF Protection Specialist 
  2. A law enforcement officer 
  3. Director of Nursing, Charge Nurse, or Licensed Social Worker for reports of abuse, neglect, and exploitation occurring when an Involved Adult is residing in a long-term facility. 
  4. Director of Nursing, Charge Nurse, or Licensed Social Worker for reports of abuse, neglect, and exploitation when the Involved Adult has been admitted to the hospital and/or a psychiatric hospital. 

Once safety has been ascertained by one of the above collaterals, the assigned APS Protection Specialist shall follow up with the Involved Adult as soon as possible.

  1. Contacting the Guardian/Conservator 

If the APS report indicates the Involved Adult has a guardian/conservator, the APS Protection Specialist shall make diligent efforts to contact the guardian/conservator to coordinate contact with the Involved Adult.

  1. If the APS Protection Specialist is unable to make contact with the guardian/conservator after making diligent efforts, and further efforts to do so would cause the initial contact with the Involved Adult to not be made within the required time frame, the APS Protection Specialist may proceed with face to face contact with the Involved Adult.  If the guardian/conservator was not able to be contacted prior to the initial contact with the Involved Adult, the APS Protection Specialist shall continue to make diligent efforts during the course of the investigation to contact the guardian/conservator. 
  2. If the APS Protection Specialist does not find out until after contact is made with the Involved Adult there is a guardian/conservator, the guardian/conservator shall be notified after initial contact. 
  3. If the guardian/conservator is named as the alleged perpetrator the APS Protection Specialist shall contact their supervisor or legal for advice on how to proceed. 
  1. Notification from KPRC of associated intakes that have been screened out due to a current open investigation

APS Protection Specialist shall:

    1. Review the associated intake for additional information and address any new concerns not investigated in the original investigation.
    2. Document activities in the investigation record.
    3. Review the associated intakes(s) with supervisor or designee at case finding.   

  1. Death of Involved Adult during Investigation 

When a report has been assigned and the Involved Adult dies following assignment of the report of abuse, neglect, or financial exploitation, the investigation shall be continued in the following instances:

  1. The death may be related to the allegation, and the allegation was not self-neglect; 
  2. Collaterals or Alleged Perpetrator were interviewed by APS or law enforcement (or both) and a finding can be made; 
  3. Documentation (e.g. law enforcement, medical, banks) was obtained and a finding can be made or; 
  4. The Alleged Perpetrator was in a position of trust to the Involved Adult (e.g. Power of Attorney, Durable Power of Attorney, and Guardian/Conservator) or is employed as a caregiver. 

The APS Protection Specialist shall also follow procedures for reporting critical incident (PPS 10212) upon learning of the death of the Involved Adult for reason which could be related to abuse/neglect at any time following case assignment.