10220 Investigations Involving Other Agencies

Joint investigations may be conducted with Kansas Department for Aging and Disabilities (KDADS) licensed facilities or agencies. If it is determined joint investigations will be done, there shall be a Memorandum of Agreement (MOA) between the Region and the agency or facility. The MOA must be approved by the regional attorney.

 

There may be instances when joint investigations are not in the best interest of the Involved Adult. Therefore, the decision to conduct a joint investigation is solely the decision of the APS Protection Specialist and Supervisor.

 

  1. The Memorandum of Agreement shall contain the following information:

 

  1. Applicable APS Statutes (K.S.A. 39 -1430 et seq.).
  2. Roles and responsibilities of APS Protection Specialist.
  3. Roles and responsibilities of agency/facility staff and a designated contact to carry out responsibilities.
  4. Interviewing protocols to be used with the Involved Adult, Alleged Perpetrator and collaterals.
  5. Statement on confidentiality and limits of information sharing pursuant to K.S.A. 39-1434.
  6. Statement that rights of the Involved Adult and the Alleged Perpetrator will be protected.
  7. Statement indicating APS makes the final decision(s) regarding the allegation(s)
  8. Statement the facility will independently determine what action needs to be taken and the facility cannot use the finding made by APS as the sole basis for any adverse personnel action.
  9. The effective date of the Agreement.
  10. Date for review (at least annually) and
  11. Conditions under which termination of the Agreement may occur.

  1. Contacting Abuse Neglect Exploitation Unit (ANE) of Attorney General’s Office When Unable to Complete an Investigation:
    1. When the APS Protection Specialist and Supervisor have determined the investigation cannot be completed and determine further action may be needed to protect the Involved Adult, the APS Protection Specialist shall e-mail a copy of the intake documents, log notes, and other case documents to APS Program Administrator and Prevention and Protection (PPS) Legal Division/designee.  This would include cases where the APS Protection Specialist has been unable to gain necessary cooperation and/or documentation to determine if abuse/neglect/exploitation has occurred. This does not include cases where there is an ongoing criminal investigation by law enforcement which has not resulted in a finding.
    2. APS Program Administrator and PPS Legal Division/designee shall review the information and forward to the Abuse, Neglect, and Exploitation (ANE) Unit. This shall occur within ten (10) working days of reaching the decision the investigation cannot be completed upon review of information, ANE Unit may direct investigation of allegations by the appropriate law enforcement agency.

 

  1. Request for Information from the ANE Unit in the Attorney General’s Office:

 

    1. When the ANE Unit requests additional information on an APS investigation in which it appears a crime may have been committed and the PPS 10100, 10110, and 10120A have been sent to LE and the ANE Unit, the APS Protection Specialist will respond directly to the ANE Unit staff requesting the information.
    2. When the ANE Unit requests information regarding a substantiated finding packet, the APS Protection Specialist shall provide the requested information to the APS supervisor and Assistant Regional Program Administrator. The Assistant Regional Program Administrator will review the information to ensure all requested information has been provided, and shall, within ten (10) working days of the request, forward the requested information to ANE unit staff making the request.
    3. If the request is for a copy of the case record. The Assistant Regional Program Administrator shall ensure the contents of the KIPS file are up to date and complete. Upon completion of the case review. The APA shall email the PPS Deputy Director or APS Designee who is responsible for coordinating all requests for information/records and serves as liaison to the ANE unit.  PPS Administration staff shall prepare the file for electronic submission and notify the PPS APS Deputy Director when ready to send. The PPS APS Deputy Director shall review the documents and forward to ANE Unit staff.