1340 Reports Which DCF Does Not Have Authority to Proceed, Involves a Memorandum of Understanding or Conflict of Interest
A. Department for Children and Families (DCF) Does Not Have Authority to Proceed
The following are referrals and reports DCF is not permitted by K.S.A. 38-2226 to investigate. In such cases, the information taken by the KPRC shall be transmitted promptly to the appropriate person or agency. The reporter may also be encouraged to make such report directly to the appropriate person or agency in order to ensure all the relevant information is provided to the correct agency.
A report shall not be accepted for investigation and/or further assessment for abuse/neglect under the following circumstances:
1. Report of Alleged Child Abuse/Neglect Occurring in an Institution Operated by the Kansas Department for Aging and Disability Services (KDADS).
Reports of alleged child abuse/neglect occurring in an institution operated by the Kansas Department for Aging and Disability Services (KDADS) shall be forwarded to the appropriate law enforcement agency.
For reports received alleging child abuse/neglect in KDADS operated institutions, forward report to the appropriate law enforcement agency. KDADS operated institutions include the following:
Institutions operated by KDADS include:
a. Kansas Neurological Institute (KNI)
b. Larned State Hospital (LSH)
c. Osawatomie State Hospital (OSH)
d. Parsons State Hospital and Training Center (PSH&TC)
KPRC staff shall complete an initial assessment on any allegation involving a child who resides in an institution operated by KDADS but is suspected of having been abused or neglected while on a home visit, as a family report.
Institutions operated by KDADS are different from KDADS licensed facilities, such as a Psychiatric Residential Treatment Facility (PRTF). See 1386 for Reports Involving KDADS Licensed Facilities.
2. Alleged Child Abuse/Neglect Occurring in an Institution Operated by the Kansas Department of Corrections (KDOC)
a. For reports received alleging child abuse/neglect occurring in an institution operated by KDOC, KPRC shall forward notification by selecting INT KDOC facility in the Notification to Outside Agencies on the KIPS intake page. KDOC operated institutions include the following:
i. Kansas Juvenile Corrections Complex (KJCC)
b. Reports alleging abuse/neglect which occurs at a local juvenile correctional facility shall have an initial assessment completed in accordance with PPM 1352. Notification to KDOC or the Attorney General is not sent for these reports.
Foster homes, day care providers, group homes, or others who contract with DCF or KDOC-JS are not included.
a. An employee of DCF or KDADS identified as an alleged perpetrator, or
b. The child(ren) of persons employed by DCF or KDADS identified as alleged victim(s), regardless of the role of the employee in the report.
The referral shall contain a request for a report of the completed law enforcement investigation returned to the PPS Assessment and Prevention Administrator for the purposes of a case finding.
Refer to PPM 1660 for reports containing Family In Need of Assessment (FINA) concerns regarding DCF employees.
Foster parents, day care providers, or others who are employed by agencies that contract with DCF are not considered employees of DCF.
4. Reports of Abuse/Neglect of an Adult Victim Not in the Custody of the Secretary
The alleged victim is age 18 or older reporting current abuse and the adult victim is not in the custody of the Secretary. An Adult Protective Services report shall be completed. For reports of abuse occurring in the past see PPM 1370.
B. Reports Involving a Memorandum of Understanding
Reports regarding a family living on a Native American Reservation or military installation shall have an initial assessment made in agreement with the current Memorandum of Understanding with the Native American Tribe or Memorandum of Agreement with the Military Installation.
Native American Reservations that currently have Memorandums of Understanding with the State of Kansas include the following:
Military Installations that currently have Memorandums of Understanding with the State of Kansas include the following:
B. Reports Which Involve a Conflict of Interest
In some cases, a person may not technically be a DCF employee but has such a close working relationship that the appearance of a conflict of interest is created such as a work/training participant. KPRC shall make an initial assessment decision, and the assigned worker and their supervisor shall determine if it is preferable to request assistance from a law enforcement agency or a worker from another DCF office/ region may be requested to assess the report. See PPM 0240.
Reports with a Child Welfare Case Management Provider employee listed as an alleged perpetrator shall be referred to a different region/county or office from where the employee regularly works to ensure there is no real or perceived conflict of interest to complete the investigation/assessment. The office where the case is open in FACTS is the responsible office and will complete the tasks per PPM 1421. The office completing the investigation shall complete the tasks per PPM 1422.