Find Legal Information

209A.030 Administrative regulations -- Reports of abuse or neglect -- Cabinet actions -- Penalty for failure to report abuse or neglect.

Download pdf

Page 1 of 2 209A.030 Administrative regulations -- Reports of abuse or neglect -- Cabinet actions -- Penalty for failure to report abuse or neglect. (1) The secretary may promulgate administrative regulations in accordance with KRS Chapter 13A to effect the purposes of this chapter. The secretary may offer or cause <br>to be offered protective services for safeguarding the welfare of an adult who has <br>experienced abuse or neglect inflicted or caused by a spouse. While the cabinet <br>shall continue to have primary responsibility for investigation and the provision of <br>protective services under this chapter, nothing in this chapter shall restrict the <br>powers of another authorized agency to act under its statutory authority. (2) Any person, including but not limited to physician, law enforcement officer, nurse, social worker, cabinet personnel, coroner, medical examiner, mental health <br>professional, alternate care facility employee, or caretaker, having reasonable cause <br>to suspect that an adult has suffered abuse or neglect, shall report or cause reports to <br>be made in accordance with the provisions of this chapter. Death of the adult does <br>not relieve one of the responsibility for reporting the circumstances surrounding the <br>death. (3) An oral or written report shall be made immediately to the cabinet upon knowledge of suspected abuse or neglect of an adult. (4) Any person making such a report shall provide the following information, if known: (a) The name and address of the adult; <br>(b) The age of the adult; <br>(c) The nature and extent of the abuse or neglect, including any evidence of previous abuse or neglect; (d) The identity of the perpetrator, if known; <br>(e) The identity of the complainant, if possible; and <br>(f) Any other information that the person believes might be helpful in establishing the cause of abuse or neglect. (5) Upon receipt of the report, the cabinet shall take the following action: (a) Notify the appropriate law enforcement agency, if indicated; <br>(b) Initiate an investigation of the complaint; and <br>(c) Make a written report of the initial findings together with a recommendation for further action, if indicated. (6) Any representative of the cabinet may enter any health facility or health service licensed by the cabinet at any reasonable time to carry out the cabinet's <br>responsibilities under this chapter. (7) Any representative of the cabinet actively involved in the conduct of an abuse or neglect investigation under subsection (5) of this section shall also be allowed <br>access to the mental and physical health records of the adult which are in the <br>possession of any individual, hospital, or other facility if necessary to complete the <br>investigation mandated by this section. Page 2 of 2 (8) Any representative of the cabinet may with consent of the adult enter any private premises where any adult alleged to be abused or neglected is found in order to <br>investigate the need for protective services for the purpose of carrying out the <br>provisions of this chapter. (9) If a determination has been made that protective services are necessary when indicated by the investigation, the cabinet shall provide such services within <br>budgetary limitations, except in such cases where an adult chooses to refuse such <br>services. (10) In the event the adult elects to accept the protective services to be provided by the cabinet, no other person shall interfere with the cabinet when rendering such <br>services. (11) Anyone knowingly or wantonly violating the provisions of subsection (2) of this section shall be guilty of a Class B misdemeanor and penalized in accordance with <br>KRS 532.090. Each violation shall constitute a separate offense. Effective: June 20, 2005 <br>History: Created 2005 Ky. Acts ch. 132, sec. 22, effective June 20, 2005.