For each allegation of abuse/neglect one of the following case finding decisions shall be made:
- Unsubstantiated
A reasonable person weighing the facts or circ*mstances would conclude it is more likely than not (preponderance of the evidence) the alleged perpetrator’s actions or inactions do not meet the abuse and/or neglect definitions per applicable Kansas Statutes Annotated (K.S.A.) and Kansas Administrative Regulations (K.A.R.).
- Affirmed
A reasonable person weighing the facts and circ*mstances would conclude it is more likely than not (preponderance of the evidence) the alleged perpetrator's actions or inactions meet the abuse and/or neglect definition per applicable Kansas Statutes Annotated (K.S.A.) and Kansas Administrative Regulations (K.A.R.).
An affirmed finding of sexual abuse may be considered. See Appendix 2B Sexual Abuse Case Finding Decision section for guidance.
- Substantiated
When a determination is made the facts and circ*mstances meet abuse and/or neglect definitions per PPM 0160, the Child Protection Services (CPS) specialist in consultation with his/her supervisor shall evaluate the facts and circ*mstances of the alleged incidents to determine whether criterion for a substantiated case finding is met. When criterion is met, a substantiated case finding shall be considered. A substantiated case finding results in the perpetrator’s name being placed on the Kansas Child Abuse/Neglect Central Registry. Per Kansas statutes and regulations, the perpetrator is not permitted to reside, work, or regularly volunteer in a Kansas Department of Health and Environment (KDHE) or Department for Children and Families (DCF) Foster Care and Residential Facility Licensing regulated child care or residential facility.
A substantiated case finding shall meet the following:
1.A determination is made the facts and circ*mstances meet one of the required definitions per PPM 0160 for abuse, neglect, and/or abandonment of a child; and
2.A determination is made the perpetrator’s actions, behaviors, or omissions occurred and meets at least one of the following criteria:
a.there was an intent to commit the act that resulted in harm; and/or
b.a reasonable person would have anticipated harm would occur to the child; and/or
c.the harm was a result of failure or refusal to protect the child; and
3.There was serious harm, injury or deterioration to the child; or there was a likelihood of, or endangerment of serious harm, injury or deterioration to the child. Serious harm, injury or deterioration may include, but is not limited to:
a.Death of a child.
b.Condition which required medical care, hospitalization, or surgery whether received or not, including but not limited to:
-
- fractures;
- bruises on a child’s body, including but not limited to, the face, head or abdomen;
- burns;
- injuries which are disfiguring;
- injury resulting in severe or prolonged pain;
- multiple severe non-accidental injuries;
- failure to thrive or malnourishment;
- medical condition such as asthma or diabetes exacerbated by home conditions and/or failure to provide medication.
- An indicated need for mental health treatment, whether received or not, due to serious mental and/or emotional harm or causal deterioration to the extent the child’s emotional well-being is impaired or endangered. Such serious harm or deterioration may include, but not be limited to, characteristics exhibited to a serious degree: anxiety; depression; withdrawal; aggressive or self-harming behavior; or a substantial and observable change in the child’s behavioral, emotional or intellectual functioning considering age and development of the child.
- Any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child or another person. Sexual abuse shall include, but is not limited to, allowing, permitting or encouraging a child to:
- Be photographed, filmed or depicted in obscene or p*rnographic material; or
- be subjected to aggravated human trafficking, as defined in K.S.A. 2014 Supp. 21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the offender or another, or be subjected to an act which would constitute conduct proscribed by article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 2015 Supp. 21-6419 or 21-6422, and amendments thereto. K.S.A. 38-2202 (See Appendix 2A for Kansas Statutes Annotated references)
- Contact solely between children shall meet the criteria only if the contact also involves force, intimidation, difference in maturity, or coercion. K.A.R. 30-46-10 (i)
- A pattern of affirmed educational neglect, which has resulted in serious harm/effect to the child. A pattern may be considered after concerted efforts have been made to provide the parent/caregiver with services and resources to address the reasons for the child not attending school; and despite these efforts the parent/caregiver demonstrates a continuous pattern of failing to ensure the child attends school as required by law, and which results in serious harm/effect to the child, such as, but may not be limited to serious cognitive/developmental impairment or delay.
- Failure of a parent, guardian, or person responsible for the care of a substance affected infant to use resources available to meet the health and substance use disorder treatment needs of such infant and a medical professional predicts significant physical harm and/or developmental/cognitive delays of an infant (birth to 1 year of age), due to prenatal substance abuse.
- Outcomes listed above in a.-d. would likely have resulted except discovery or intervention or accidental circ*mstances occurred prior to such outcomes.
- A pattern of continuing, repeated, or progressively more severe behavior which indicates abuse or neglect. For purposes of determining whether a pattern exists, verified information from Kansas or any other state, federal enclave or Native American tribe or association using the standards of that state or entity. This may include Confirmed, Validated, Substantiated, Affirmed, or Unsubstantiated findings of abuse or neglect from Kansas, another state, federal enclave, or Native American tribe or association. Verified evidence of a prior conviction of a crime against a child may also be considered when determining if a pattern of abuse or neglect exists.
