10300 Case Findings
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10300 Case Findings

 

All case findings shall be staffed with a supervisor, regional assistant program administrator (APA) or designee and a finding made within thirty (30) or sixty (60) working days. Cases involving Abuse, Neglect and Self-neglect shall have findings completed within thirty (30) working days of the case assignment. Cases assigned for financial exploitation shall be made within sixty (60) working days of the case assignment. 

  1. Types of Findings:

 

    1. The standard of evidence applied to all case findings is clear and convincing. Clear and convincing evidence is defined as the evidence which shows the truth of the facts asserted is highly probable.

      1. Unsubstantiated – The facts or circumstances do not provide clear and convincing evidence to meet the K.S.A. definition of abuse, neglect, or financial exploitation.
      2. Substantiated – The facts and circumstances provide clear and convincing evidence to conclude the Alleged Perpetrator's actions or inactions meet the K.S.A. definition of abuse, neglect, or financial exploitation.
    2. In the rare event where there is clear and convincing evidence that the abuse/neglect/financial exploitation did occur but the evidence to substantiate on the Alleged Perpetrator is not clear and convincing, a substantiated finding can be made without an identified perpetrator.

 

  1. Law Enforcement Involvement:
    1. When law enforcement has directed APS to not interview the Alleged Perpetrator until the completion of the criminal investigation, the APS protection specialist shall contact the Alleged Perpetrator after receiving instructions from law enforcement for the APS investigation to move forward.  The APS Specialist shall follow procedures in PPS 10213 for contacting the Alleged Perpetrator. 
    2. The report of a law enforcement investigation may be used to help make a finding.

 

  1. Allowable late finding reason:
  1. If completing the case finding within thirty (30) working days for abuse and neglect or sixty (60) working days for financial exploitation, interferes with an ongoing criminal investigation, the time period for the investigation shall be extended, but the investigation and evaluation shall be completed within ninety (90) working days from the date of assignment.
  2. If a finding is made prior to the conclusion of the criminal investigation, the investigation and evaluation may be reopened, and a new finding made based on any additional evidence provided as a result of the criminal investigation. A new finding (PPS 10300) shall be sent to the Alleged Perpetrator and Due Process shall be followed.