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Some states mandate the reporting of IPV/DV
some authority such as the police. Only Kentucky requires
reporting to the state Department for Community Based Services
(DCBS), a statewide, county-based victim service agency. What
this means is that in Kentucky mandatory reporting is actually
the mandatory connecting of victims of IPV/DV with trained
community 'specialists' who offer protection, information
and advocacy in a safe, confidential manner.
State statutes also require all courts to
provide 24-hour access to emergency protection orders. Violation
of a protection order is a Class A misdemeanor. No contact
orders are issued as a condition of release. Each court is
also mandated to establish local protocols in domestic violence
matters. The protocols must be submitted to the Kentucky Supreme
Court for review.
Reporting of spouse and partner abuse from
victims themselves, by the general public and by professionals
has continued to increase over the years. The DCBS data identifies
a concurrent increase in the reporting of domestic violence
by professionals: law enforcement officers, physicians and
other healthcare providers (Fritsch, 2002).
In a recent survey by the Domestic Violence
Subcommittee of the Kentucky Medical Association (KMA) (Fritsch,
2002):
- 59 % of physicians responding indicated that mandatory
reporting needs to be in place, and
- 47 % of physicians indicated they had reported spouse
abuse.
Who Must Report (KRS 209.030)
Any person, including, but not limited to, physician, law
enforcement officer, nurse, social worker, department personnel,
coroner, medical examiner, alternate care facility employee,
or caretaker, having reasonable cause to suspect that an adult
has suffered abuse, neglect, or exploitation, shall report
or cause reports to be made in accordance with the provisions
of this chapter. Death of the adult does not relieve one of
the responsibility for reporting the circumstances surrounding
the death.
Immunity (KRS 209.050060)
Anyone acting upon reasonable cause in the making of a report
in good faith shall have immunity from any civil or criminal
liability. Neither the husband-wife nor the psychiatrist-patient
privilege shall be a ground for refusing to report known or
suspected adult abuse.
Confidentiality (KRS 209.140)
All information obtained by the Department for Social Services
in the course of an investigation under this chapter shall
not be divulged to anyone except:
- Persons suspected of abuse, neglect or exploitation,
provided that in such cases names of informants shall be
withheld unless otherwise ordered by the court;
- Persons within the cabinet with a legitimate interest
or responsibility related to the case;
- Other medical, psychological, or social service agency,
or law enforcement agency with a legitimate interest in
the case;
- Those persons so authorized by court order; and
- The alleged abused or neglected person.
Inappropriate disclosure of health information may violate
patient/provider confidentiality, including the federal Healthcare
Insurance Portability Act (HIPAA). As important, the inappropriate
disclosure of suspected IPV/DV and elder abuse can threaten
patient safety. Perpetrators who discover that a victim has
sought care may retaliate with further violence. Employers,
insurers, law enforcement agencies, and community members
who discover abuse may discriminate against a victim or alert
the perpetrator. It is imperative that policy, protocol, and
practice surrounding the use and disclosure of health information
regarding victims of IPV/DV and elder abuse should respect
patient confidentiality and autonomy and serve to improve
the safety and health status of victims of IPV/DV.
Investigation Process
(KRS 209.030)
Upon receipt of a report, the Department for Social Services
is required to notify the appropriate law enforcement agency,
conduct an investigation of the allegation and offer protective
services to the victim. Adult protective services differ from
child protective services in that they are voluntary and may
be refused by the adult victim. Department personnel may enter
any health facility or health services licensed by the cabinet
at any reasonable time to carry out the investigation, and
may enter private premises with the permission of the adult
or the caretaker.
Emergency Protective Services
(KRS 209.100)
A court may order protective services on an emergency basis
if the court finds that the adult:
- Is in a state of abuse or neglect and an emergency exists;
- Is in need of protective services;
- Lacks the capacity to consent or refuse to consent to
such services; and
- No person authorized by law or court order to give consent
for the adult is available to consent to emergency protective
services or such person refuses to give consent.
Penalty (KRS 209.990)
- Anyone knowingly or wantonly violating the provisions
of KRS 209.030(2) shall be guilty of a Class B misdemeanor
as designated in KRS 532.090. Each violation shall constitute
a separate offense.
- Any caretaker who knowingly abuses or neglects an adult
is guilty of a Class C felony.
- Any caretaker who wantonly abuses or neglects an adult
is guilty of a Class D felony.
- Any caretaker who recklessly abuses or neglects an adult
is guilty of a Class A misdemeanor.
- Any caretaker who knowingly exploits an adult, resulting
in a total loss to the adult of more than three hundred
dollars ($300) in financial or other resources, or both,
is guilty of a Class C felony.
- Any caretaker who wantonly or recklessly exploits an adult,
resulting in a total loss to the adult of more than three
hundred dollars ($300) in financial or other resources,
or both, is guilty of a Class D felony.
- Any caretaker who knowingly, wantonly, or recklessly
exploits an adult, resulting in a total loss to the adult
of three hundred dollars ($300) or less in financial or
other resources, or both, is guilty of a Class A misdemeanor.
Documentation
Continue on to Documentation
and Follow-up
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