{"data":{"id":"us-ky/krs-209.030","jurisdiction":"us-ky","citation":"KRS 209.030","heading":"Administrative regulations -- Reports of adult abuse, neglect, or","body":"exploitation -- Cabinet actions -- Status and disposition reports.\n(1) The secretary may promulgate administrative regulations in accordance with KRS\nChapter 13A to effect the purposes of this chapter. While the cabinet shall continue\nto have primary responsibility for investigation and the provision of protective\nservices under this chapter, nothing in this chapter shall restrict the powers of\nanother authorized agency to act under its statutory authority.\n(2) Any person, including but not limited to physician, law enforcement officer, nurse,\nsocial worker, cabinet personnel, coroner, medical examiner, alternate care facility\nemployee, or caretaker, having reasonable cause to suspect tha t an adult has\nsuffered abuse, neglect, or exploitation, shall report or cause reports to be made in\naccordance with the provisions of this chapter. Death of the adult does not relieve\none of the responsibility for reporting the circumstances surrounding the death.\n(3) An oral or written report shall be made immediately to the cabinet upon knowledge\nof suspected abuse, neglect, or exploitation of an adult.\n(4) Any person making such a report shall provide the following information, if known:\n(a) The name and address of the adult, or of any other person responsible for his\ncare;\n(b) The age of the adult;\n(c) The nature and extent of the abuse, neglect, or exploitation, including any\nevidence of previous abuse, neglect, or exploitation;\n(d) The identity of the perpetrator, if known;\n(e) The identity of the complainant, if possible; and\n(f) Any other information that the person believes might be helpful in\nestablishing the cause of abuse, neglect, or exploitation.\n(5) Upon receipt of the report, the cabinet shal l conduct an initial assessment and take\nthe following action:\n(a) Notify within twenty -four (24) hours of the receipt of the report the\nappropriate law enforcement agency. If information is gained through\nassessment or investigation relating to emergency circumstances or a potential\ncrime, the cabinet shall immediately notify and document notification to the\nappropriate law enforcement agency;\n(b) Notify each appropriate authorized agency. The cabinet shall develop\nstandardized procedures for notifying eac h appropriate authorized agency\nwhen an investigation begins and when conditions justify notification during\nthe pendency of an investigation;\n(c) Initiate an investigation of the complaint; and\n(d) Make a written report of the initial fin dings together with a recommendation\nfor further action, if indicated.\n(6) (a) The cabinet shall, to the extent practicable, coordinate its investigation with\nthe appropriate law enforcement agency and, if indicated, any appropriate\nauthorized agency or agencies.\n(b) The cabinet shall, to the extent practicable, support specialized\nmultidisciplinary teams to investigate reports made under this chapter. This\nteam may include law enforcement officers, social workers, Commonwealth's\nattorneys and county attorn eys, representatives from other authorized\nagencies, medical professionals, and other related professionals with\ninvestigative responsibilities, as necessary.\n(7) Any representative of the cabinet may enter any health facility or health service\nlicensed by  the cabinet at any reasonable time to carry out the cabinet's\nresponsibilities under this chapter. Any representative of the cabinet actively\ninvolved in the conduct of an abuse, neglect, or exploitation investigation under this\nchapter shall also be allowed access to financial records and the mental and physical\nhealth records of the adult which are in the possession of any hospital, firm,\nfinancial institution, corporation, or other facility if necessary to complete the\ninvestigation mandated by this chapter. These records shall not be disclosed for any\npurpose other than the purpose for which they have been obtained.\n(8) Any representative of the cabinet may with consent of the adult or caretaker enter\nany private premises where any adult alleged to be abused, neglected, or exploited is\nfound in order to investigate the need for protective services for the purpose of\ncarrying out the provisions of this chapter. If the adult or caretaker does not consent\nto the investigation, a search warrant may be issued  upon a showing of probable\ncause that an adult is being abused, neglected, or exploited, to enable a\nrepresentative of the cabinet to proceed with the investigation.\n(9) If a determination has been made that protective services are necessary when\nindicated by the investigation, the cabinet shall provide such services within\nbudgetary limitations, except in such cases where an adult chooses to refuse such\nservices.\n(10) In the event the adult elects to accept the protective services to be provided by the\ncabinet, the caretaker shall not interfere with the cabinet when rendering such\nservices.\n(11) The cabinet shall consult with local agencies and advocacy groups, including but\nnot limited to long -term care ombudsmen, law enforcement agencies, bankers,\nattorneys, providers of nonemergency transportation services, and charitable and\nfaith-based organizations, to encourage the sharing of information, provision of\ntraining, and promotion of awareness of adult abuse, neglect, and exploitation,\ncrimes against the elderly, and adult protective services.\n(12) (a) By November 1 of each year and in accordance with state and federal\nconfidentiality and open records laws, each authorized agency that receives a\nreport of adult abuse, neglect, or exploitation shall submit a  written report to\nthe cabinet that provides the current status or disposition of each case referred\nto that agency by the cabinet under this chapter during the preceding year. The\nElder Abuse Committee established in KRS 209.005 may recommend\npractices an d procedures in its model protocol for reporting to the cabinet\nunder this section.\n(b) By December 30 of each year, the cabinet shall provide a written report to the\nGovernor and the Legislative Research Commission that summarizes the\nstatus of and action s taken on all reports received from authorized agencies\nand specific departments within the cabinet under this subsection. The cabinet\nshall identify any report required under paragraph (a) of this subsection that is\nnot received by the cabinet. Identifying information about individuals who are\nthe subject of a report of suspected adult abuse, neglect, or exploitation shall\nnot be included in the report under this paragraph. The report shall also\ninclude recommendations, as appropriate, to improve the coor dination of\ninvestigations and the provision of protective services. The cabinet shall make\nthe report available to community human services organizations and others\nupon request.","path":["KRS Chapter 209"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8182","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:09Z","sha256":"bd40a3f19c9a3dbb8b1b9f17f4192c0788cd82b2b269eccb643f603c1d7a46e5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-209.020","next":"us-ky/krs-209.032"},"notice":"GroundRules: Original legal text. Not legal advice."}
