Legal Authority/Introduction

LEGAL AUTHORITY:

• KRS 199.894 Definitions for KRS 199.892 to 199.896
• 922 KAR 1:330 Child Protective Services

In addition to the guidelines specified in SOP 2.15 Specialized Investigations, the SSW uses the following procedures in conducting investigations involving a licensed or certified family child care home, as defined in KRS 199.894(5), or a licensed child care center, as defined in KRS 199.894(3).

Procedure

Upon accepting a report, the SSW: 

1. Provides copies of the DPP-115 to the parties listed on the CPS Investigative Distribution Chart;
2. Immediately notifies the following parties of the pending investigation:
1. The Cabinet for Health and Family Services, Office of Inspector General (OIG), Division of Regulated Child Care (DRCC) via telephone for a licensed child care center or a licensed family child care home; or
2. The Division of Child Care via fax for a registered child care provider;
3. Documents the notification in the assessment;
4. Conducts, with DRCC staff if available, an entrance interview with the certified or licensed family child care home provider or center administrator/designee outlining the nature of the report of child abuse or neglect without disclosing the name of the reporting source; 
5. Provides only enough information to the certified or licensed family child care home provider or center administrator/designee to indicate that there has been a report and which children are to be interviewed; 
6. Provides written or verbal notification to DRCC as soon as practical if the SSW finds at the time of investigation that a child is in imminent danger or that a child needs to be removed;
7. Discusses findings privately with DRCC staff prior to conducting an exit interview with the certified or licensed family child care home provider or the license holder of the child care center and the administrator/designee;
8. Provides written findings to the administrator of the center and license holder within thirty (30) working days of the report/referral, unless an extension is granted by the supervisor, when there is a finding by the SSW of substantiation of child abuse or neglect, and the alleged perpetrator is an employee of the center;
9. Follows procedures outlined in SOP 2.15 Specialized Investigations and SOP 2.13 Case Disposition-Determination Whether to Open a Case when sending notification of a substantiated finding and also notifies, via fax:  
1. DCC for a licensed child care center; or
2. OIG/DRCC for a licensed child care center or licensed family child care home;
10. Sends, upon approval, via fax, copies of the assessment for licensed child care center investigations to:
1. OIG/DRCC; and
2. DCC.

Practice Guidance

• The SSW, DRCC staff, and DCC staff, as applicable, share joint responsibility for investigating these reports. If possible, an investigation is conducted jointly.
• DCBS is the lead investigative agency on allegations of abuse and neglect in licensed family child care homes or licensed child care centers.
• DRCC determines if a regulation has been violated in certified or licensed family child care homes or licensed child care centers.  

Related Information

• Cabinet for Health and Family Services
  Office of Inspector General (OIG)
  Division of Regulated Child Care (DRCC)
  Phone: 502-564-7962
  Fax: 502-564-9350
• Department for Community Based Services
  Division of Child Care (DCC)
  Phone: 502-564-2524
  Fax: 502-564-3464