1381 Reports Regarding a Facility Subject to Regulation
The Department for Children and Families has the responsibility to receive, investigate and assess allegations of abuse or neglect which are alleged to have occurred in a childcare or residential care facility. Kansas Statutes (K.S.A. 38-2226(e)) requires DCF staff to promptly report to the Kansas Department of Health and Environment (KDHE) of "any investigation involving a facility subject to licensing or regulation by the Secretary of Health and Environment."
An initial assessment shall be completed for all reports received with allegations of abuse or neglect of a child involving a facility subject to licensing or regulation by KDHE, DCF Foster Care and Residential Facility Licensing or the Kansas Department for Aging and Disability Services (KDADS).
A. Allegation of Abuse
Reports alleging physical, emotional or sexual abuse in a facility with the care giver or other person within the facility as the alleged perpetrator receive an Initial Assessment decision based on the same criteria of all other reports. For reports involving facilities with 24-hour care or supervision, take into consideration any immediate danger, risk, or established safety plans when determining a response time.
B. Allegation of Neglect
If a report alleges neglect in a facility, it is necessary to determine whether the reported information involves only lack of compliance with a regulatory requirement or whether the alleged infraction rises to the level of neglect which has resulted in harm or a likelihood of harm to a child. Kansas Protection Report Center (KPRC) staff shall complete an Initial Assessment based on the same criteria of all other reports.
Reports which indicate a regulatory requirement appears to have been violated, but no harm has occurred or is likely to occur in the immediate future, are not considered neglect for the purpose of a DCF investigation. The Initial Assessment shall be completed with the decision to not assign for further assessment. KPRC shall forward notification to the appropriate licensing agency.
Reports which indicate neglect, lack of supervision or other regulatory infraction identifying a care giver or other person within the facility as the alleged perpetrator, and has resulted in harm to a child or which will likely result in harm in the immediate future, shall be accepted for investigation by the DCF. KPRC shall forward notification to the appropriate licensing agency.
C. Notification of the Initial Assessment decision
When an initial assessment has been made on a report, assigned or not assigned, KPRC shall forward notification by selecting the appropriate licensing facility in the Notification to Outside Agencies box on the intake page within five working days of receiving the report.
A report that a reasonable person would conclude is an emergency, requiring prompt intervention by KDHE, DCF Foster Care and Residential Facility Licensing or KDADS, shall have an emailed notification sent within two hours of the Initial Assessment decision or when KDHE, DCF Foster Care and Residential Facility Licensing or KDADS are next open for business. The email shall include the PPS 1000- Face Sheet, PPS 1001- Report/Request for Services, and the PPS 1002- Initial Assessment. The reporter information shall be included in the documentation.
1. Reports on Child Care Facilities
KPRC shall forward notification of reports regarding the caregiver or other person within a Licensed Day Care Homes, Group Day Care Homes or Child Care Centers as the alleged perpetrator by selecting INT KDHE Childcare Facility in the Notification to Outside Agencies box on the KIPS intake page.
2. Reports on Family Foster Homes
KPRC shall forward notification on reports involving a caregiver or other person within the Family Foster Home as the alleged perpetrator by selecting INT PPS CPS/FCL and INT Family Foster Homes in the Notification to Outside Agencies on the KIPS intake page.
Kansas Department of Corrections- Juvenile Services (KDOC-JS) shall be notified by selecting INT KDOC Juvenile Offender in the Notification to Outside Agencies on the KIPS intake page when the alleged victim/perpetrator is in the custody of the Commissioner of KDOC-JS.
Reports involving relative caregivers or non-relative kinship homes that are not licensed foster homes do not require a notification to Family Foster Homes.
3. Reports on Residential Care Facilities
KPRC shall forward notification on reports involving a caregiver or other person within the Residential Care Facilities as the alleged perpetrator by selecting INT Residential Care Facility and INT PPS CPS/FCL in the Notification to Outside Agencies on the KIPS intake page.
Kansas Department of Corrections- Juvenile Services (KDOC-JS) shall be notified by selecting INT KDOC Juvenile Offender in the Notification to Outside Agencies on the KIPS intake page when the alleged victim/alleged perpetrator is in the custody of the Commissioner of KDOC-JS.
4. Reports on Psychiatric Residential Treatment Facilities
Psychiatric Residential Treatment Facilities are licensed by Kansas Department for Aging and Disability Services (KDADS). KPRC shall forward notification on reports involving a caregiver or other person within a Psychiatric Residential Treatment Facilities (PRTF) as the alleged perpetrator by selecting INT KDADS PRTF in the Notification to Outside Agencies box on the KIPS intake page.