922 KAR | Title 922 KAR — Cabinet for Health and Family Services - Department for Community-based Services - Protection and Permanency

Chapter 1 Child Welfare

922 KAR 1:010 Independent non-relative adoptions {#sec-922-kar-1-010 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:010}

Section 1. Definitions.

(1) "Adoption worker" is defined by KRS 199.011(1).

(2) "Child" is defined by KRS 199.011(4).

(3) "Child-placing agency" is defined by KRS 199.011(6).

(4) "Compact administrator" means the individual appointed pursuant to the terms of the Interstate Compact on the Placement of Children (ICPC) who is responsible for the administration and management of the ICPC within the Commonwealth of Kentucky.

(5) "Home study" is defined by KRS 199.474(1)(b).

(6) "Independent non-relative adoption" means an adoption that is not exempted from secretary approval by KRS 199.470(4).

(7) "Prospective adoptive parent" is defined by 922 KAR 1:100(1).

Section 2. Eligibility.

(1) An attorney, child-placing agency, or prospective adoptive parent shall determine if a prospective adoptive parent qualifies for the cabinet to complete the home study, in accordance with KRS 199.473(3).

(2) If the prospective adoptive family is over the income limit to qualify for the cabinet to complete the family's home study in accordance with KRS 199.473(3) and Section 6 of this administrative regulation, a home study shall be:

(a) Completed by a child-placing agency; and

(b) Forwarded to the cabinet along with documentation required in accordance with Section 3 of this administrative regulation.

(3) The cabinet shall:

(a) Process an application for an independent non-relative adoption in accordance with Section 3 of this administrative regulation; and

(b) Cause a home studyto be completed in accordance with Section 6 of this administrative regulation.

Section 3. Application for Permission to Proceed with an Independent Non-Relative Adoption.

(1) To apply for permission to proceed with the filing of a petition for an independent non-relative adoption, an applicant shall complete and file theDPP-187, Independent Non-Relative Adoption Application, in accordance with subsections (2) through (8) of this section.

(2) The DPP-187 shall be:

(a) Signed by:

Each prospective adoptive parent wishing to receive a child;
Each parent wishing to place a child; or
Both parties involved;

(b) Filed in writing with the secretary, in care of the Department for Community Based Services, attention: Adoption Services Branch, 275 E. Main Street, 3C-E, Frankfort, Kentucky 40621;

(d) Accompanied by a nonrefundable fee of $200, required by KRS 199.473(13), which shall be:

Sent per submission and not per child;
In the form of a certified or cashier's check; and
Payable to the Kentucky State Treasurer.

(3) The following forms and documents shall be filed with the completed DPP-187:

(a) The DPP-105, Medical Information on Child's Birth, a copy of the child's hospital newborn medical record, or The DPP-108A, Health Information Required for Prospective Adoptive Parent(s) regarding Dependent Children;

(b) A copy of the custody order showing that the child's custody has been awarded to the prospective adoptive parent;

(d) Verification of current marriage, prior divorce, or death of a prior spouse of the prospective adoptive parent;

(e) Most recent tax return or written verification of income from the income source for each prospective adoptive parent;

(f) The DPP-108A, Health Information Required for Prospective Adoptive Parent(s) Regarding Dependent Children for each child residing in a prospective adoptive parent's home; and

(g) Documentation in accordance with 922 KAR 1:350, Section 2(8), completed by each prospective adoptive parent and all adult household members.

(4) The DPP-187 shall be considered officially filed:

(a) When received by the Adoption Services Branch of the Department for Community Based Services; and

(b) If it meets the requirements of this section.

(5) The cabinet shall return to sender an application that does not meet the requirements of this section.

Section 4. Limitations to Filing.

(1) In the case of twins who are available and suitable for adoption, the DPP-187 shall not be accepted unless the prospective adoptive parent applies to receive both children.

(2) If the DPP-187 for a child has been filed, subsequent applications for the same child shall not be accepted unless the previous DPP-187 has been withdrawn by a written request to the cabinet by one (1) of the parties involved.

(3) If one or both of the placing parents reside outside of Kentucky, the DPP-187 shall not be accepted unless an interstate compact adoption packet is received from the state placing the child in Kentucky.

(4) The DPP-187 shall not be processed if, prior to the receipt of the application, the child was in the temporary custody of or committed to the cabinet by order of the district or circuit court.

Section 5. Preadoptive Placement.

(1)

(a) The child shall not be in the physical care, control, or custody of a prospective adoptive parent, unless a circuit court grants temporary custody in accordance with KRS 199.473(7) and (8).

(b) If the child is found in the physical care of a prospective adoptive parent without a circuit court order of temporary custody, the cabinet shall take action in accordance with KRS 199.473(11) until the written approval of the secretary or designee is received by a prospective adoptive parent.

(2)

(a) If either the child's custodial parent or a prospective adoptive parent reside out-of-state, the written approval of the compact administrator shall be given before the child's preadoptive placement with a prospective adoptive parent can occur.

(b) If the child's custodial parent resides out-of-state and the child is found in Kentucky without the approval of the compact administrator, the child shall be removed from Kentucky and a neutral setting arrangement made within the state of the custodial parent's residence.

(3) If the disposition of the DPP-187 is pending, the cabinet may cooperate with the custodial parent of the child in finding suitable temporary placement for the child.

(4)

(a) During the time between filing the DPP-187 and the decision of the cabinet granting or denying the application, the responsibility for providing for the care of the child shall not rest with the cabinet unless a court has placed the child with the cabinet, with the agreement of the cabinet, after the filing of the DPP-187.

(b) The responsibility shall remain with the custodial parent of the child during this time.

Section 6. Home Study Requirements.

(1) If the DPP-187 has been filed with the Department for Community-Based Services, the department shall cause a home study of the prospective adoptive home to be completed, in accordance with the provisions of KRS 199.473(2), (3), and (4) for applicants who meet the requirements of Section 2(1) of this administrative regulation.

(2)

(a) Prior to filing a DPP-187, a prospective adoptive parent may contract with a licensed child-placing agency to complete a home study and background checks of each prospective adoptive parent and household.

(b) The home study of a prospective adoptive parent shall include:

A minimum of three (3) personal references, including one (1) from a relative of a prospective adoptive parent;
A minimum of two (2) financial references;
Criminal background check conducted in accordance with KRS 199.473(2);
A Child abuse and neglect check conductedin accordance with 922 KAR 1:490;
Documentation by the adoption worker of:

a. A minimum of one (1) home visit and face-to-face interview with each prospective adoptive parent and members of the parent's household; and

b. Contact with the prospective adoptive parent's adult child on the DPP-197, Adult Child Interview, if the cabinet is able to locate the adult child; and

a. Sections I, II, III & V of the DPP-199, Independent Non-Relative Adoption Home Study, completed by the adoption worker in regard to the prospective adoptive parent's home and family background;

b. Section IV of the DPP-199 if the same agency is completing the birth parent interviews; and

c. A determination by the adoption worker of the prospective adoptive parent's suitability to proceed with an independent adoption.

(3) If an adoption worker for a licensed child-placing agency determines, at the completion of background checks in accordance with KRS 199.473(8), that a prospective adoptive parent does not appear suitable to proceed with an independent non-relative adoption, the worker shall provide written notification to the Department for Community-Based Services, Adoption Services Branch, 275 East Main Street, 3C-E, Frankfort, Kentucky 40621.

(4) The adoption worker shall discuss the child's background and potential placement with each prospective adoptive parent and make a determination of each prospective adoptive parent's ability to meet the needs of the specific child and provide the child with a suitable home.

(5) The adoption worker shall complete the DPP-199 for review and:

(a) Processing with the Interstate Compact, if applicable; and

(b) Consideration in the secretary's or designee's decision about the application for an independent adoption.

Section 7. Interviewing the Biological Parents.

(1) Any party to the court case may request a search of the putative father registry in accordance with KRS 199.505 and 922 KAR 1:560.

(2) If the biological or placing parents, legal father, or putative father reside in Kentucky, the adoption worker shall make a diligent effort to interview the custodial biological or each placing parent of the child to be placed and the non-custodial biological parent, legal father, or putative father to:

(a) Determine whether the biological parents are aware and accepting of the ethnic and religious background of each prospective adoptive parent;

(b) Determine whether they agree to the placement of the child with each prospective adoptive parent;

(c) Obtain health history and sociological information on the child's family with a DPP-191, Information to be Obtained From the Placing Parent;

(d) Document the placing parent's knowledge of the independent adoption with the DPP-191A, Information to be Obtained from the Placing Parent for Independent Adoptions;and

(e) Determine the biological parents' feelings about possible future contact with the adopted person on a DPP-192, Biological Parent Consent Form, in accordance with KRS 199.572.

(3) If a child's placing parent refuses to be interviewed by the cabinet representative or the appropriate Kentucky or out-of-state adoption worker, the cabinet may deny the application.

(4)

(a) If a child's placing parent lives out-of-state, efforts shall be made to have the biological or placing parents, and legal or putative father, if different than the biological father, interviewed for the purposes specified in subsection (2) of this section.

(b) The interviews with out-of-state biological or placing parents or legal or putative father shall be accepted if conducted by a licensed private adoption agency in the respective state.

(5) If after diligent efforts of the out-of-state public or private agency, the biological or placing parents, legal or putative father, or legal custodian of the child cannot be interviewed, or if the information and material cannot be obtained, the secretary or designee may approve the placement provided the other conditions of KRS 615.030, the Interstate Compact on the Placement of Children, have been met.

Section 8. Final Decision Regarding Prospective Adoptive Home.

(1) Upon completion of the home study, each prospective adoptive parent shall be notified by certified mail of the decision of the secretary or designee, either granting or denying permission for the placement or receiving of the child.

(2) The petition for adoption may be filed in accordance with Section 9 if the cabinet grants permission for the child's placement.

(3) If the permission is denied, a prospective adoptive parent or a placing parent may appeal the decision. If appealing, a prospective adoptive or a placing parent shall, within ten (10) days after notice of denial, appeal the decision to the circuit court of the county in which the adoption is proposed in accordance with KRS 199.473(9).

Section 9. Filing of the Petition to Adopt.

(1) If a child has been placed in a prospective adoptive home with the permission of the secretary or designee, a prospective adoptive parent may file the petition for adoption in the circuit court in the county of their residence with the secretary's or designee's written approval in accordance with KRS 199.470(3) and 199.473.

(2) Subsequent to the filing of a petition in Kentucky to finalize an independent non-relative adoption made with the written approval of the secretary, the agency that completed the home study, shall prepare the confidential report to the court in accordance with KRS 199.510(2) and KRS 199.590(6).

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-105, Medical Information on Child's Birth", 11/05;

(b) "DPP-108A, Health Information Required for Prospective Adoptive Parent(s) Regarding Dependent Children", 1/19;

(d) "DPP-190, Information to be Obtained from Prospective Adoptive Parent(s)", 1/19;

(e) "DPP-191, Information to be Obtained from the Placing Parent", 11/05;

(f) "DPP-191A, Information to be Obtained from the Placing Parent for Independent Adoptions", 11/05;

(g) "DPP-192, Biological Parent Consent Form", 11/05;

(h) "DPP-197, Adult Child Interview", 11/05; and

(i) "DPP-199, Independent Non-Relative Adoption Home Study", 2/19.

History

RELATES TO: KRS 199.011, 199.470- 199.473, 199.474(1)(b), 199.480, 199.490(3), 199.492, 199.493, 199.500, 199.510, 199.520, 199.540, 199.570, 199.572, 199.590, 199.990, 615.030, Chapter 625
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472, 199.473(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate, administer, and enforce administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.472 requires the cabinet to promulgate administrative regulations that establish criteria to be followed for adoption of children. KRS 199.473(3) requires a home study to be made in accordance with administrative regulations promulgated by cabinet. This administrative regulation establishes the procedure for an independent non-relative adoption.
History: 922 KAR 001:010. DCW-DLS 2, 3, 4; 1 Ky.R. 294; eff. 1-8-1975; 14 Ky.R. 1009; eff. 12-11-1987; 18 Ky.R. 1598; eff. 1-10-1992; 20 Ky.R. 865; eff. 12-6-1993; 21 Ky.R. 651; 1072; eff. 9-21-1994; Recodified from 905 KAR 1:010, 10-30-1998; 32 Ky.R. 566; TAm eff. 10-27-2004; 894; eff. 11-16-2005; TAm eff. 3-30-2015; 45 Ky.R. 1142, 2143, 2354; eff. 2-21-2019; Crt eff. 1-8-2026.

922 KAR 1:050 State funded adoption assistance {#sec-922-kar-1-050 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:050}

Section 1. Definitions.

(1) "Adoption subsidy" means a payment for a special needs child placed for adoption when an adoption assistance agreement is complete.

(2) "Extraordinary medical expenses" is defined by KRS 199.555(4).

(3) "Nonrecurring adoption expenses" is defined by KRS 199.555(3).

(4) "Secretary" means the Secretary of the Cabinet for Health and Family Services or designee.

(5) "Special needs child" is defined by KRS 199.555(1).

(6) "State-funded adoption assistance" is defined by KRS 199.555(2).

Section 2. Adoption Assistance Eligibility Criteria.

(1) The secretary shall decide whether to pay and provide adoption assistance in accordance with KRS 199.555(5).

(2) A special needs child shall include a child for whom adoptive placement without financial assistance is unlikely in accordance with KRS 199.555(1), because the child:

(a) Has a physical or mental disability;

(b) Has an emotional or behavioral disorder;

(d) Is a member of a sibling group in which the siblings are placed together;

(e) Has had previous adoption disruption or multiple placements;

(f) Is a member of a racial or ethnic minority and two (2) years old or older; or

(g)

Is age seven (7) or older;
Has a significant emotional attachment or psychological tie to his or her foster family; and
The cabinet has determined should remain with the family because it is in the best interest of the child.

(3) To qualify for state-funded adoption assistance in accordance with KRS 199.555, a special needs child shall:

(a) Be committed to the Cabinet for Health and Family Services;

(b) Not have a parent with custody or a legal claim to the child;

(d) Not be eligible for federal Title IV-E adoption assistance in accordance with 922 KAR 1:060, with the exception of extraordinary medical expenses pursuant to Sections 7(1), 8, and 10(2) of this administrative regulation.

Section 3. Parental Standards. A parent receiving a child eligible for adoption assistance payments shall meet the same standards as those applied to other adoptive applicants in accordance with:

(1) 922 KAR 1:350; or

(2) 922 KAR 1:310.

Section 4. Adoptive Placement Agreement.

(1) Prior to placing a child for adoption, the prospective adoptive parent and the cabinet shall review and sign an adoptive placement agreement to set forth the terms of a child's placement with the prospective adoptive parent.

(2) The adoptive placement agreement shall advise the prospective adoptive parent of the:

(a) Special needs of the child;

(b) Cabinet's expectations; and

Section 5. Adoption Assistance Agreement. Prior to finalization of the adoption, the prospective adoptive parent and the cabinet shall discuss and sign an adoption assistance agreement in accordance with KRS 199.555(6) that shall:

(1) Determine the nature and amount of the adoption subsidy; and

(2) Remain in effect until suspended, reduced, or terminated in accordance with Section 6 of this administrative regulation.

Section 6. Adoption Assistance Suspension, Reduction, and Termination.

(1) Except as provided in subsection (2) of this section, the cabinet shall temporarily suspend state-funded adoption assistance payments during the period of time the adopted child reenters the custody of the cabinet.

(2) State-funded adoption assistance shall be reduced in accordance with 922 KAR 1:530, Section 3(2).

(3)

(a) If the adoptive parent fails to provide documentation demonstrating financial responsibility and support after the cabinet has requested the documentation in writing from the adoptive parent at least three (3) times state-funded adoption assistance shall be reduced.

(b) The cabinet shall resume payments pursuant to this section, including any needed adjustments to the agreement, once the adoptive parent has provided the requested documentation demonstrating financial responsibility and support of the child.

(4) State-funded adoption assistance payments shall be terminated in accordance with KRS 199.555(8) if the:

(a) Adoptive parent:

Is no longer legally responsible for the special needs child in accordance with KRS Chapter 625;
Becomes deceased; or
Requests discontinuation of the adoption assistance payments; or

(b) Special needs child:

Becomes deceased;
Marries;
Is inducted into military service;
Reaches age eighteen (18); or
If the child is enrolled in high school, reaches:

a. Age nineteen (19); or

b. The month of the child's high school graduation, if the child's graduation precedes the child's 19th birthday.

Section 7. Adoption Assistance Payments.

(1) State-funded adoption assistance payments may include:

(a) Extraordinary medical expenses in accordance with KRS 199.555;

(b) Nonrecurring adoption expenses not to exceed $2,000 incurred in the adoption of a child who is considered a special needs child; and

(2) An adoption assistance payment shall begin on the date agreed to by the adoptive parent and the cabinet representative, as documented on the adoption assistance agreement.

(3) The amount of the state-funded adoption assistance payment shall not exceed the amount paid for foster care maintenance for the same child, in accordance with KRS 199.555(7), including medically complex, specialized medically complex, and care plus foster care per diem reimbursements established by the Department for Community Based Services.

(4) A child placed in therapeutic foster care, as described in 922 KAR 1:310, shall not be eligible to receive adoption assistance payments in excess of:

(a) A care plus foster care or medically complex foster care per diem reimbursement established by the Department for Community Based Services; or

(b) The therapeutic foster care per diem reimbursed by the child-placing agency on behalf of the child unless the:

Dollar amount is necessary to meet the child's needs; and
Commissioner or designee approves.

Section 8. Covered Extraordinary Medical Services.

(1)

(a) Copayments for covered extraordinary medical expenses shall be required using the adopted parent household's adjusted gross income in relation to Kentucky's estimated median household income established by the United States Census Bureau.

(b) To the extent state resources allow, the cabinet shall annually adjust the estimated median income used for copayment calculations concurrent with the United States Census Bureau.

A copayment for extraordinary medical services shall not be required from an adoptive parent whose household's adjusted gross income is at or below 100 percent of Kentucky's estimated median household income.
A ten (10) percent copayment for extraordinary medical services shall be required from an adoptive parent whose household's adjusted gross income is over 100 percent, but less than 150 percent, of Kentucky's estimated median household income.
A fifteen (15) percent copayment for extraordinary medical services shall be required from an adoptive parent whose household's adjusted gross income is over 150 percent, but less than 200 percent, of Kentucky's estimated median household income.
A twenty (20) percent copayment for extraordinary medical services shall be required from an adoptive parent whose household's adjusted gross income is over 200 percent of Kentucky's estimated median household income.

(2) A verifiable receipt and service provider contact information shall be submitted prior to reimbursement for services listed in this section.

(3) Copayments shall be deducted from each monthly receipt that is submitted for payment of a covered extraordinary medical service.

(4) Services covered by the extraordinary medical program may include:

(a) Orthodontia with a:

Copayment of fifty (50) percent of the cost; and
Dentist or physician's verification that the child's medical or dental need exists, is medically necessary, and verification was obtained prior to the adoption finalization;

(b) Transportation if mileage for health treatment needs exceed the yearly mileage for foster care rates;

For a full-time or part-time working parent who works a minimum of twenty (20) hours per week;
For a non-working parent with documentation from a qualified professional, as defined by KRS 202B.010(12), of the therapeutic need for the service;
With fees paid to the child care provider by the adoptive parent and reimbursed by the cabinet only after the cabinet receives a paid receipt as verified from the child care provider;
With annual employment verification provided to the cabinet by a working adoptive parent;
Reimbursed at a rate based on the age of the child and certification of the provider in accordance with 922 KAR 2:160; and
Ending upon the child reaching age thirteen (13), unless documentation from a medical or mental health professional stating the diagnosed need for continuance of the child care is:

a. Provided upon the child reaching age thirteen (13); and

b. Submitted every six (6) months to the cabinet's social service worker;

(d) Tutoring:

Not to exceed twenty-five (25) dollars per hour for no more than two (2) hours per week;
Provided by personnel other than immediate family, for which qualifications are verified by a social services worker;
For a child:

a. With an individual education plan (IEP); or

b. Two (2) or more grade level years behind chronological age; and

With need and unavailability of services as documented by the child's school;

(e) Respite care:

Offered to a child approved for the medically complex or care plus rates prior to adoption finalization, at two (2) respite days per child per month;
Offered to a child approved for the specialized medically fragile rate prior to adoption finalization, at three (3) respite days per month per child;
That shall not be cumulative; and
Submitted monthly for reimbursement; and

(f) Evidence-based or evidence-informed health services after Medicaid and private health insurance have been exhausted, such as:

Counseling;
Expressive or art therapy;
Behavioral therapy;
Physical therapy;
Occupational therapy;
Speech therapy;
Prescribed medication, excluding over the counter medication; or
Special equipment.

(5) The extraordinary medical program shall include the reimbursement of funeral and burial expenses for a medically complex child who had a terminal medical diagnosis documented by a treating physician prior to an adoption being finalized, not to exceed $4,500 for the cost of the funeral and burial.

Section 9. Annual Family Contact.

(1) Annual contact with the adoptive family shall be made by mail, email, phone, home visit, or other cabinet method of contact to determine that the:

(a) Child remains in the adoptive home;

(b) Parent continues to provide care and support for the child; and

(2) The cabinet may conduct a home visit after an adoption assistance annual contact is made by mail, email, phone, or other cabinet method of contact:

(a) If:

The adoptive parent requests a home visit;
The special needs of the child change, as indicated by the adoptive parent;
Attempts to update information by mail, email phone, or other cabinet method of contact have failed; or
The cabinet receives information that is contrary to the information verified by the adoptive parent during the annual contact; or

(b) In accordance with 922 KAR 1:330.

Section 10. Adoption Assistance Renegotiation.

(1) Renegotiation of an adoption assistance agreement:

(a) May be requested by the cabinet or the adoptive parent before or after the adoption is finalized; and

(b) Is contingent on compliance with Sections 2(2), 6, 9, and 12 of this administrative regulation.

(2) If conditions in KRS 199.555(6) are met, the cabinet shall reimburse extraordinary medical expenses requested by an adoptive parent of a special needs child to prevent disruption of the adoption:

(a) After the adoption is final; and

(b) Through state funded adoption assistance.

(3) A move of the special needs child or the adoptive parent of the special needs child out of the state or country shall have no effect on the child's eligibility for state funded adoption assistance payments.

(4) If an adoption assistance payment is changed through renegotiation, the cabinet and adoptive parent shall sign a new adoption assistance agreement.

Section 11. Service Appeal. An applicant for adoption assistance payments or an adoptive family aggrieved by a cabinet action shall be granted an administrative hearing in accordance with 922 KAR 1:320.

Section 12. Notice of Change.

(1) Cabinet staff shall provide notice of a reduction, suspension, or termination of adoption assistance payments:

(a) Ten (10) calendar days in advance; and

(b) In accordance with 922 KAR 1:320, Section 6.

(2) An adoptive parent shall notify the cabinet of any changes in circumstances that would make the adoptive parent ineligible for adoption assistance payments or change the amount of the adoption assistance payment as described in KRS 199.555(9) and Section 6 of this administrative regulation.

Section 13. State-funded Adoption Assistance Limitation. The number of state-funded adoption assistance cases and the amount of state-funded adoption assistance payments paid per case shall be limited by available funds for the state-funded adoption assistance program.

History

RELATES TO: KRS 199.555, 202B.010(12), Chapter 625
STATUTORY AUTHORITY: KRS 194A.050(1), 199.555(10)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.555(10) requires the cabinet to establish and promulgate by administrative regulation criteria to be followed for the adoption of special needs children. This administrative regulation establishes guidelines for the implementation of the state-funded adoption assistance program for children who may otherwise grow up in foster care.
History: 922 KAR 001:050. DCW-9; 1 Ky.R. 295; eff. 1-8-1975; 17 Ky.R. 138; eff. 9-13-1990; 20 Ky.R. 2405; eff. 3-23-1994; 25 Ky.R. 1477; 1893; eff. 2-17-1999; Recodified from 905 KAR 1:050, 6-3-1999; 27 Ky.R. 1110; 1499; eff. 12-21-2000; 30 Ky.R. 1659; 2066; 2466; eff. 6-16-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 34 Ky.R. 477; 1063; 1497; eff. 12-17-2007; 35 Ky.R. 1357; eff. 2-6-2009; 45 Ky.R. 1447, 2685; eff. 3-13-2019; 51 Ky.R. 142, 954, 1127; eff. 2-13-2025; Crt eff. 1-8-2026.

922 KAR 1:060 Federal Title IV-E adoption assistance {#sec-922-kar-1-060 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:060}

Section 1. Definitions.

(1) "Adoption assistance agreement" is defined by 42 U.S.C. 675(3).

(2) "Adoption subsidy" means a payment for a special needs child placed for adoption when an adoption assistance agreement is complete.

(3) "Federal Title IV-E adoption assistance" is defined by KRS 199.557(1).

(4) "Nonrecurring adoption expenses" is defined by 42 U.S.C. 673(a)(6).

(5) "Relative" means the father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, niece, great grandmother, great grandfather, great aunt, or great uncle of the child.

Section 2. Adoption Assistance Eligibility Criteria.

(1) A child shall be determined by the cabinet as a special needs child in accordance with 42 U.S.C. 673(c), if:

(a) The child is available for adoption in accordance with:

KRS 199.500(1);
KRS 199.502; or
KRS Chapter 625;

(b) The child has a specific factor or condition described by KRS 199.555(1) that makes the child difficult to place for adoption without adoption assistance; and

(2) If the child has a strong emotional tie with the prospective adoptive parent while in the care of the prospective adoptive parent as a foster child, an exception to subsection (1)(c) of this section shall be made.

(3) A special needs child shall:

(a) Meet the eligibility criteria established in 42 U.S.C. 673 when the adoption proceedings are initiated including:

Eligibility for Aid to Families with Dependent Children effective on July 16, 1996, upon the child's removal from the home of a relative;
Eligibility for Supplemental Security Income;
Status as a child:

a. Born to a minor parent who is receiving Title IV-E foster care maintenance; and

b. Who has received Title IV-E foster care maintenance;

Having been in foster care for sixty (60) consecutive months on or after October 1, 2009; or
Status as a sibling of a child described in subparagraph 1. or 4. of this paragraph to be placed in the same adoption placement as the child; and

(b) Not have a parent with custody or legal claim to the child.

(4) Eligibility for Aid for Families with Dependent Children specified in subsection (3)(a)1. of this section shall not apply to a child in accordance with 42 U.S.C. 673(e).

(5) If an adoption assistance agreement is terminated in accordance with Section 7 of this administrative regulation or the adoption assistance is reduced for a period of time in accordance with 922 KAR 1:530, a child previously eligible for federal Title IV-E adoption assistance shall be treated as having the same financial circumstances as the child had when originally adopted.

Section 3. Parental Standards. A parent receiving a child eligible for adoption assistance shall meet the same standards as those applied to other adoptive applicants in accordance with:

(1) 922 KAR 1:350; or

(2) 922 KAR 1:310.

Section 4. Adoptive Placement Agreement.

(1) Prior to a prospective adoptive parent receiving an adoption subsidy, the prospective adoptive parent and a cabinet representative shall review and sign an adoptive placement agreement.

(2) The adoptive placement agreement shall advise the prospective adoptive parent of the:

(a) Special needs of the child;

(b) Cabinet's expectations; and

Section 5. Adoption Assistance Agreement.

(1) Prior to finalization of the adoption, an adoptive parent and the cabinet shall discuss and sign an adoption assistance agreement that shall:

(a) Be in effect in accordance with 42 U.S.C. 675(3) and 45 C.F.R. 1356.40(b);

(b) Determine the nature and amount of the adoption subsidy; and

(2) If an adoption is finalized, the cabinet shall pay nonrecurring adoption expenses incurred by an adoptive parent during the adoption of a special needs child pursuant to 45 C.F.R. 1356.41.

(3) If a child is eligible for adoption assistance under 42 U.S.C. 673(a)(2)(A)(ii)(I)(bb), the requirement of Section 4(1) of this administrative regulation shall be waived.

(4) An adoption assistance payment shall begin on the date agreed to by the adoptive parent and cabinet representative, as documented on the adoption assistance agreement.

(5)

(a) The amount of federal Title IV-E adoption assistance shall not exceed the amount that would be paid for foster care maintenance for the same child, in accordance with 42 U.S.C. 673(a)(3), including medically complex, specialized medically complex, and care plus foster care per diem reimbursements established by the Department for Community Based Services.

(b) A child placed in therapeutic foster care, as described in 922 KAR 1:310, shall not be eligible to receive adoption assistance in excess of:

A care plus or medically complex foster care per diem reimbursement established by the Department for Community Based Services; or
The therapeutic foster care per diem reimbursed by the child-placing agency on behalf of the child unless the:

a. Dollar amount is necessary to meet the child's needs; and

b. Commissioner or designee approves.

Section 6. Federal Title IV-E Adoption Assistance.

(1) Federal Title IV-E adoption assistance shall continue in accordance with KRS 199.557 and 42 U.S.C. 673(a)(4) until the child reaches age:

(a) Eighteen (18); or

(b) Twenty-one (21), if the child:

Has a signed adoption assistance agreement on or after his or her sixteenth birthday and is:

a. Completing secondary education or a program leading to an equivalent credential;

b. Enrolled in an institution that provides post-secondary or vocational education;

c. Participating in a program or activity designed to promote or remove barriers to employment; or

d. Employed for at least eighty (80) hours per month; or

Is determined to have a disability in accordance with subsection (2) of this section.

(2) Disability determination.

(a) In accordance with KRS 199.557 and 42 U.S.C. 673(a)(4), an adopted special needs child shall have a disability that warrants continuation of the child's federal Title IV-E adoption assistance if the child has been determined to meet the definition of permanent or total disability pursuant to 42 U.S.C. 1382c(a)(3) by either the:

Social Security Administration; or
Medical review team of the cabinet.

(b) In making a child's disability determination, the medical review team shall consider:

The child's medical history and subjective complaint regarding an alleged physical or mental disability, illness, or impairment; and
Competent medical testimony relevant to whether:

a. A physical or mental disability, illness, or impairment exists; and

b. The disability, illness, or impairment is sufficient to reduce the child's ability to gain full-time employment or pursue opportunities in a state or federal education program.

Age;
Employment history;
Educational background; and
Subjective complaint regarding the alleged effect of the physical or mental condition on the child's ability to support and care for self.

(d) The child shall be referred, if necessary, for further appraisal of his or her abilities.

(e) If the medical review team makes the disability determination, the medical review team shall provide a written report of the determination under this subsection to the cabinet and the:

Child, if the child is age eighteen (18) or older; or
Adoptive parent, if the child is under age eighteen (18).

(3) Federal Title IV-E adoption assistance may include:

(a) Nonrecurring adoption expenses not to exceed $2,000 incurred in the adoption of a special needs child; and

(b) An adoption subsidy.

Section 7. Termination of Adoption Assistance Payments. In accordance with KRS 199.557 and 42 U.S.C. 673(a)(4), federal Title IV-E adoption assistance payments shall be terminated if:

(1) The adoptive parent requests;

(2) The child reaches age:

(a) Eighteen (18);

(b) Twenty-one (21), if the child has met a requirement of Section 6(1)(b) of this administrative regulation; or

(c) Eighteen (18) to twenty-one (21), if the child no longer meets a requirement of Section 6(1)(b) of this administrative regulation.

(3) The cabinet determines that the:

(a) Adoptive parent is no longer legally responsible for the support of the child pursuant to KRS Chapter 625; or

(b) Child is no longer receiving support from the adoptive parent; or

(4) No adoptive parent who signed the adoption assistance agreement remains living.

Section 8. Adoption Assistance Reduction.

(1) Adoption assistance shall be reduced if the adoptive parent fails to provide documentation demonstrating financial responsibility and support after the cabinet has requested the documentation in writing from the adoptive parent at least three (3) times.

(2) The cabinet shall resume adoption assistance payments, including any needed adjustments to the adoption assistance agreement, once the adoptive parent has provided the requested documentation demonstrating financial responsibility and support of the child.

Section 9. Adoption Assistance Renegotiation.

(1) Renegotiation of an adoption assistance agreement may be requested by the adoptive parent before or after the adoption is finalized in accordance with 42 U.S.C. 673 or 922 KAR 1:530.

(2) The renegotiated amount of federal Title IV-E adoption assistance payments shall be agreed upon by the:

(a) Adoptive parent; and

(b) Cabinet.

(3) If the adoption assistance payment is renegotiated in accordance with subsections (1) and (2) of this section, the cabinet and adoptive parent shall sign a new adoption assistance agreement.

(4) Federal Title IV-E adoption assistance payments shall not be changed by a move of the adoptive parents out of the state or country.

Section 10. Service Appeal. An applicant for adoption assistance payments or an adoptive family aggrieved by a cabinet action may request review through an administrative hearing in accordance with 922 KAR 1:320.

Section 11. Notice of Change.

(1) Cabinet staff shall provide notice of a reduction or termination of adoption assistance payments:

(a) Ten (10) calendar days in advance; and

(b) In accordance with 922 KAR 1:320, Section 6.

(2) In accordance with 42 U.S.C. 673, an adoptive parent shall notify the cabinet of any change in circumstance that would make the adoptive parent ineligible for adoption assistance payments or change the amount of the adoption assistance payment.

Section 12. Extraordinary Medical Expenses. In accordance with KRS 199.555(6) or 922 KAR 1:050, an adoptive child shall be eligible for assistance with extraordinary medical expenses.

Section 13. Annual Family Contact.

(1) Annual contact with the adoptive family shall be made by mail, email, phone, home visit, or other cabinet method of contact to determine that the:

(a) Child remains in the adoptive home;

(b) Parent continues to provide care and support for the child; and

(2) The cabinet may conduct a home visit after an adoption assistance annual contact is made by mail, email, phone, or other cabinet method of contact:

(a) If:

The adoptive parent requests a home visit;
The special needs of the child change, as indicated by the adoptive parent;
Attempts to update information by mail, email, phone, or other cabinet method of contact have failed; or
The cabinet receives information that is contrary to the information verified by the adoptive parent during the annual contact; or

(b) In accordance with 922 KAR 1:330.LESA DENNIS, Commissioner

History

RELATES TO: KRS 199.500(1), 199.502, 199.555, 199.557, Chapter 625, 45 C.F.R. 1356.40(b), 1356.41, 42 U.S.C. 673, 675(3), 1382c(a)(3)
STATUTORY AUTHORITY: KRS 194A.050(1), 199.557(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 199.557(4) requires the cabinet to implement federal Title IV-E adoption assistance payments in accordance with the administrative regulations promulgated by the cabinet. This administrative regulation establishes guidelines for the implementation of the federal Title IV-E adoption assistance program for children who may otherwise grow up in foster care.
History: 35 Ky.R. 1377; 1818; eff. 2-6-2009; 36 Ky.R. 1137; 1494; eff. 2-5-2010; 45 Ky.R. 1451; eff. 1-23-2019; TAm eff. 3-20-2020; 51 Ky.R. 146, 957, 1130; eff. 2-13-2025.

922 KAR 1:100 Public agency adoptions {#sec-922-kar-1-100 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:100}

Section 1. Definitions.

(1) "Approved adoptive parent" means a family approved in accordance with:

(a) 922 KAR 1:310;

(b) 922 KAR 1:350; or

(2) "Cabinet" is defined by KRS 199.011(3).

(3) "Child-focused recruitment model" or "C.F.R.M" means a program for the recruitment of an adoptive family in accordance with Section 2 of this administrative regulation by cabinet staff for a child in the custody of the cabinet whose adoptive placement has not been identified.

(4) "Fictive kin" is defined by KRS 199.011(9).

(5) "Foster family home" is defined by KRS 199.011(10) and 600.020(30).

(6) "Home study" means an evaluation conducted in accordance with the requirements of the state where the home is located, to determine the preparation and suitability of a prospective adoptive parent, including the home environment, to receive a child for the purpose of adoption.

(7) "Inquiring adoptive parent" means an individual who has submitted an inquiry through the K.A.P.E. Web site to potentially be considered as a specific child's adoptive parent.

(8) "Kentucky Adoption Profile Exchange" or "K.A.P.E." means a program administered by the cabinet to promote adoption awareness and child-specific recruitment for children legally free for adoption without an identified adoptive home.

(9) "Open adoption" means an agreement between an adoptive parent and an adopted child's biological or legal parent regarding communication or contact with the child.

(10) "Pre-adoptive placement" means a home, approved by the cabinet, where a child legally free for adoption is placed prior to adoption finalization.

(11) "Pre-placement conference" means a meeting conducted by cabinet staff with a prospective adoptive parent that fulfills requirements specified in Section 4 of this administrative regulation.

(12) "Prospective adoptive parent" means an individual who has submitted an inquiry through the K.A.P.E. Web site and has been deemed by the cabinet to be a potential adoptive match for a child after review of the inquiry or other diligent search method.

(13) "Qualified mental health professional" or "QMHP" is defined by KRS 600.020(52).

(14) "Qualified professional in the area of intellectual disabilities" is defined by KRS 202B.010(12).

(15) "Social service worker":

(a) Is defined by KRS 600.020(63); or

(b) Means a social or human service worker with an out-of-state public or licensed private child welfare agency who meets the requirements of that state to conduct a home study.

Section 2. Eligibility and Referral to the Child-Focused Recruitment Model. A child may be referred to C.F.R.M if the child:

(1) Is determined eligible, as special needs, in accordance with 42 U.S.C. 673;

(2) Has a goal of planned permanent living arrangement or long-term foster care;

(3) Is on extended commitment and has had parental rights terminated; or

(4) Has adoption as the child's case plan goal and does not have an adoptive resource identified.

Section 3. Preparation of the Child for Adoptive Placement.

(1) A child prepared for adoptive placement by cabinet staff shall receive information regarding the following, with consideration given to the child's maturity and developmental stage:

(a) Relationship to the biological or legal parent;

(b) Entitlement to a parent;

(d) Reason the foster placement may not become the adoptive placement;

(e) Role of the social service worker, other pertinent cabinet staff, and the child in the placement planning process;

(f) Meaning of adoption;

(g) Process of recruitment of a parent and how the child may be involved;

(h) Impending placement;

(i) Visitation process;

(j) Placement decision; and

(k) Cabinet staff responsible for the placement decision.

(2) Cabinet staff shall:

(a) Request the biological or legal parent to either consent or refuse to consent to the inspection of the adoption records by the adult adopted person when the child reaches twenty-one (21) years of age; and

(b) File with the circuit or family court in the county where the adoption was finalized the consent or refusal to consent to the inspection of the adoption records by the adult adopted person.

(3) If a child's permanency goal includes adoption and reunification with a sibling separated during foster care, the cabinet shall plan for the transition and coordinate increased visitation between siblings.

(4) A service region administrator or designee may make a determination that a sibling shall be separated from another sibling in adoption upon consideration of:

(a) If age appropriate, each sibling's understanding of the facts of the relationship, feelings, wishes, and ideas regarding options for placement;

(b) The perception of the relationship of each child with the sibling;

(d) Each child's permanency needs; and

(e) The recommendation of a:

QMHP; or
If applicable, a qualified professional in the area of intellectual disabilities.

(5) A planning committee shall convene annually for siblings who remain separated in out-of-home care to:

(a) Determine if reunification is possible; and

(b) Develop a plan for maintaining sibling connections.

(6) A QMHP, qualified professional in the area of intellectual disabilities, relative, social service worker, other pertinent cabinet staff, nonadoptive foster parent, or another individual approved by cabinet staff may assist with preparing the child for adoption.

(7) If the child's goal is changed to adoption, a child in the custody of the cabinet may be placed with an approved adoptive parent prior to the termination of parental rights to the child.

(8) If a prospective adoptive parent has not been identified for a child after the child's permanency goal has been changed to adoption in accordance with 922 KAR 1:140, the cabinet:

(a) Shall convene an adoption review committee to meet and discuss child-specific recruitment and the potential strengths and barriers of placement with an identified prospective adoptive parent;

(b) May invite an individual specified in subsection (6) of this section to a meeting in which the child's permanency plan is discussed; and

(c) Shall assess for a C.F.R.M. referral at the time of goal change in accordance with Section 2 of this administrative regulation.

(9) If a prospective adoptive parent has not been identified for a child at the time of termination of parental rights or thereafter, the cabinet shall refer the child to K.A.P.E. at that time.

Section 4. Selection of an Adoptive Family.

(1) Priority consideration for an adoptive placement shall be given to:

(a) A relative or fictive kin; or

(b) The current foster family home.

(2) The process of recruiting a prospective adoptive parent shall begin if:

(a) Parental rights of the child are terminated;

(b) A relative or fictive kin has not made a commitment to adopt the child;

(d) Both biological or legal parents of the child are deceased and the cabinet has been granted custody through the court; or

(e) The child's pre-adoptive placement is disrupted.

(3) Cabinet staff shall consider an inquiring adoptive parent's acceptance of the child's behavior and characteristics.

(4)

(a) The cabinet shall take the following into consideration regarding the number of children to be placed in an adoptive home:

The inquiring adoptive parent's parental capacity and resources to meet the needs of all children in the home; and
The impact of all children involved, including the potential adoptive child.

(b) An inquiring adoptive parent may request review of a denial based upon the number of children in the home in accordance with 922 KAR 1:350, Section 8(2).

(5) The cabinet shall review and obtain the inquiring adoptive parent's signature on the DPP-171A, Verbal Exchange of Information Acknowledgement Form.

Section 5. Preparation of the Prospective Adoptive Parent.

(1) Cabinet staff shall conduct a preplacement conference for a child available for adoption with the:

(a) Foster parent, if applicable;

(b) Prospective adoptive parent;

(d) Representative from the cabinet or child-placing agency where the child is placed.

(2) During the pre-placement conference, cabinet staff shall:

(a) Review and obtain the prospective adoptive parent's signature on the DPP-171, Notice of Confidentiality Requirements Acknowledgement Cover Sheet;

(b) Inform the prospective adoptive parent of:

Visitation and supervision requirements in accordance with KRS 605.090(1)(b); and
Detailed information about the child's history and services provided to the child, excluding any identifying information of the biological parent, including:

a. Health, background, and placement history;

b. Behavior, including behaviors in accordance with KRS 605.090(1); and

c. Personal characteristics;

(d) Determine the method of presenting the prospective adoptive parent to the child; and

(e) Discuss with the prospective adoptive parent acceptance of the child's plan for visitation and placement.

(3) If there is a planned foster parent adoption, the preplacement conference may occur at the same time the adoptive placement agreement is signed in accordance with KRS 199.555.

Section 6. Adoptive Placement.

(1) The cabinet shall ensure the child transitions to the prospective adoptive placement by:

(a) Arranging contact between the child and prospective adoptive parent appropriate to the child's age, developmental needs, and understanding of the permanency plan;

(b) Incorporating recommendations of the child's QMHP or qualified professional in the area of intellectual disabilities;

(c) Encouraging current caregivers, siblings, the prospective adoptive family, and others identified to have a meaningful relationship with the child, as appropriate; and

(d) Ensuring all needed services are in place.

(2) After parental rights to the child are terminated, final placement with a prospective adoptive parent shall occur as quickly as possible upon concurrence of:

(a) Cabinet staff;

(b) The prospective adoptive parent;

(d) The child, to the extent the child's age and maturity permit the child's participation.

(3) Adoption assistance shall be provided in accordance with 922 KAR 1:050 or 922 KAR 1:060.

Section 7. Out-of-State Adoptive Placement.

(1) Placement of a Kentucky child with an out-of-state prospective adoptive parent may occur if:

(a) The prospective adoptive parent is seeking a child through:

An out-of-state public child welfare agency; or
A licensed private child welfare agency; and

(b) A home study has been completed or updated within one (1) year by the out-of-state public child welfare agency or licensed private child welfare agency, in accordance with the requirements of the out-of-state agency.

(2) If a prospective adoptive parent who resides out-of-state cannot pay the expense to attend a pre-placement conference or visit the child, the cabinet may pay travel expenses for the prospective adoptive parent, to the extent funds are available.

(3) If the Kentucky and out-of-state deputy compact administrators agree to the child's visit in accordance with KRS 615.030, a child may visit and be placed with a prospective adoptive parent who resides in another state, in accordance with KRS 615.030.

(4) Upon approval of the commissioner or designee, cabinet staff or another adult whom the child knows shall accompany a Kentucky child available for adoption on an out-of-state visit or placement with a prospective out-of-state adoptive parent.

Section 8. Open Adoption. The cabinet shall not prohibit an open adoption.

Section 9. Postplacement Service.

(1) The goal of a postplacement service shall be to:

(a) Ensure the success of the placement; and

(b) Prevent disruption of the placement.

(2) The cabinet shall coordinate support services for a child and a prospective adoptive parent prior to the legal adoption and through finalization of the adoption.

(3) Until the adoption judgment has been granted by a court of competent jurisdiction, the cabinet shall conduct an annual permanency review of a child placed with a prospective adoptive parent.

(4) Post-Adoption Placement Stabilization Services (PAPSS) shall be offered in accordance with 922 KAR 1:530.

Section 10. Closure of An Approved Adoptive Home. Unless an extension is approved by the service region administrator or designee , closure of an approved adoptive home shall occur in accordance with:

(1) 922 KAR 1:310; or

(2) 922 KAR 1:350.

Section 11. Service Appeals. A service appeal may be requested in accordance with 922 KAR 1:320.

Section 12. Confidentiality of Records.

(1) A child's records shall be maintained in conformity with existing laws and administrative regulations pertaining to confidentiality, as established in KRS 194A.060(1), 199.430(3), 199.520, 199.525, 199.570, 199.572, 199.575, 620.050, 625.045, 625.108, and 922 KAR 1:510.

(2) If the child is not adopted, the prospective adoptive parent shall return all documentation pertaining to the child to the cabinet within ten (10) working days of the decision not to adopt.

Section 13. Request for Information from Adoption Records.

(1) Identifying information from the cabinet's record may be released only upon written order by the court upon application to the circuit court that granted the adoption by an adoptee, twenty-one (21) years of age or older.

(2) If the birth parent has not previously filed consent for release of identifying information with the circuit court, the judge may:

(a) Issue a court order requiring the cabinet to conduct a search for each birth parent as identified on the original birth certificate; and

(b) Determine the parent's desire concerning the release of identifying information from the record.

(3) Upon receipt of written request by the adult adoptee or the adoptive family, nonidentifying health and background information may be released by the cabinet from a closed adoption record.

(4) If a request is received from an adoptee, eighteen (18) years of age or older, for contact with an adult preadoptive birth sibling separated during finalization of a closed adoption, cabinet staff shall:

(a) Review the adoption record; and

(b) Release identifying information if a mutual request for contact is contained within the record.

(5) If a request is received from a birth relative seeking an adoptee, either adult or minor, information may be given that adoption did occur and reassurance of the well-being of the adoptee at last contact may be confirmed, but cabinet staff shall not contact an adoptee or adoptive family at the request of the birth family.

(6) If an adult adoptee seeks contact with the birth family, cabinet staff shall inform the adult adoptee of a birth relative's interest.

Section 14. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-171, Notice of Confidentiality Requirements Acknowledgement Cover Sheet", 01/23;

(b) "DPP-171A, Verbal Exchange of Information Acknowledgement Form", 01/23.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS 194A.060(1), 199.011(4), (10), 199.430(3), 199.520, 199.525, 199.570, 199.572, 199.575, 202B.010(12), 600.020(30), (52), (63), 605.090, 615.030, 620.050, 620.360, 625.045, 625.108, 45 C.F.R. 1355-1357, 25 U.S.C. 1901-1911, 42 U.S.C. 620-620b, 622(b)(9), 629-629i, 670-679b, 1996, 1996b
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to establish policies and operate programs to protect, develop, and maintain the health, dignity, integrity, and sufficiency of the citizens of the Commonwealth and necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 199.472 requires the cabinet to establish criteria for the public agency adoption of children in the custody of the cabinet. This administrative regulation establishes the procedures for public agency adoptions.
History: 26 Ky.R. 1596; 1847; eff. 4-12-2000; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 35 Ky.R. 1360; 1820; eff. 2-6-2009; 45 Ky.R. 1147, 2147, 2357; eff. 2-21-2019; 49 Ky.R. 1847. 2322; eff. 7-25-2023.

922 KAR 1:130 Kinship Care Program {#sec-922-kar-1-130 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:130}

Section 1. Definitions.

(1) "Adolescent member of the household" means a youth who:

(a) Resides in the home of an individual who applies for approval to be a kinship caregiver; and

(b) Is age twelve (12) through age seventeen (17).

(2) "Adult member of the household" means an adult who:

(a) Resides in the home of an individual who applies for approval to be a kinship caregiver; and

(b) Is age eighteen (18) or older.

(3) "Caretaker relative" means a relative:

(a) With whom the child is, or shall be, placed by the cabinet; and

(b) Who is seeking to qualify as a kinship caregiver.

(4) "Case permanency plan" is defined at KRS 620.020(1).

(5) "Child" means an individual:

(a) Age fifteen (15) or under;

(b) Age sixteen (16), seventeen (17), or eighteen (18) in regular full-time attendance in elementary, middle, or high school, or equivalent level of vocational or technical school; or

(6) "Kentucky Transitional Assistance Program" or "K-TAP" means Kentucky's Temporary Assistance for Needy Families money payment program established in 921 KAR Chapter 2.

(7) "Kinship caregiver" means the qualified caretaker relative of a child with whom the child is placed by the cabinet as an alternative to foster care.

(8) "Supplemental Security Income" or "SSI" means a program established in 42 U.S.C. 1382.

Section 2. Initial Eligibility Determination for A Child.

(1)

(a) Effective April 1, 2013, the cabinet shall not consider a child for initial eligibility in the Kinship Care Program.

(b) Other cabinet resources for a prospective or existing permanent relative placement may include:

K-TAP for a child if an application is made in accordance with 921 KAR 2:006 and 921 KAR 2:016;
Health benefits for a child if an application is made in accordance with 907 KAR 1:610, 907 KAR 4:020, or 907 KAR 4:030;
Supplemental Nutrition Assistance Program (SNAP) benefits for a household if an application is made in accordance with 921 KAR 3:030; or
Relative placement support benefit in accordance with 922 KAR 1:400, to the extent funds are available.

(2) To the extent funds are available, the cabinet may consider a child for initial eligibility in the Kinship Care Program if the cabinet:

(a) Determines that the child is at risk of removal from the child's home with the child's biological or adoptive parent and would otherwise be placed in foster care, or is in the custody of the cabinet and residing in foster care due to:

A cabinet investigation, pursuant to 922 KAR 1:330, that resulted in a substantiation of abuse or neglect:

a. Within 120 calendar days of placement in the home of the caretaker relative; and

b. Prior to April 1, 2013; or

The death of both parents; and

(b) Places the child with a caretaker relative prior to April 1, 2013, due to:

Abuse or neglect as provided in paragraph (a)1 of this subsection; or
Death of both parents.

(3) Prior to April 1, 2013, the cabinet may consider a child for the Kinship Care Program if the child is placed with a caretaker relative in Kentucky by another state pursuant to KRS 615.030, and the cabinet receives from the other state agency responsible for the child's placement verification of:

(a) A finding of substantiated abuse or neglect within 120 calendar days of the child's placement, as determined by the state agency responsible for the child's placement; or

(b) The death of both parents.

(4) Prior to April 1, 2013, the cabinet may consider a child placed with a caretaker relative in another state for the Kinship Care Program if the:

(a) Child and caretaker relative become a resident of Kentucky within forty-five (45) calendar days of the child's placement;

(b) Caretaker relative applies for the Kinship Care Program within forty-five (45) calendar days of the child's placement; and

A finding of substantiated abuse or neglect within 120 days of the child's placement, as determined by the state agency responsible for the child's placement; or
The death of both parents.

(5) Kinship Care Program benefits shall be available to a child:

(a) Placed by the cabinet with a nonparental relative in accordance with this administrative regulation; and

(b) Whose initial eligibility determination for the Kinship Care Program took place prior to April 1, 2013.

Section 3. Initial Eligibility Determination Process for Child's Relative.

(1) The caretaker relative of the child and each adult member of the household shall:

(a) Undergo a:

Criminal records check in accordance with 922 KAR 1:490; and
Child abuse and neglect check conducted by the cabinet in accordance with 922 KAR 1:490; and

(b) Be approved in accordance with 922 KAR 1:490.

(2) Each adolescent household member of the caretaker relative's home shall:

(a) Undergo a child abuse and neglect check, conducted by the cabinet in accordance with 922 KAR 1:490; and

(b) Be approved in accordance with 922 KAR 1:490.

(3) The caretaker relative, each adult member of the household, and each adolescent member of the household shall agree to undergo a relative home evaluation.

Section 4. Relative Home Evaluation.

(1) The cabinet shall utilize the "DPP-1276 Relative Home Evaluation" to verify a relative home evaluation for the Kinship Care Program.

(2) During a relative home evaluation, the cabinet shall consider the caretaker relative's:

(a) Willingness and ability to:

Protect the child from abuse or neglect;
Assume permanent custody;
Understand and agree to the "KC-01 Kinship Care Program Statement of Rights and Responsibilities";
Participate in the child's case permanency plan;
Access:

a. Transportation;

b. Telephone;

c. Medical services;

d. First aid supplies; and

e. School;

Provide full-time care; and
Accommodate for the child within the home, including:

a. Providing for the child's sleeping and eating;

b. Maintaining adequate heat and ventilation in the home;

c. Using active smoke detectors in the home; and

d. Assuring the child's inaccessibility to:

(i) Medication;

(ii) Alcoholic beverages;

(iii) Poisonous or cleaning materials;

(iv) Ammunition;

(v) Firearms; and

(vi) Unsupervised contact with a birth parent; and

(b) Understanding of the impact that familial abuse, neglect, or substance abuse may have on a child and the child's extended family.

(3)

(a) The cabinet shall indicate the need for any start-up costs, as described in Section 14 of this administrative regulation, with the "DPP-1276 Relative Home Evaluation".

(b) Start-up costs shall no longer be available effective April 1, 2013.

Section 5. Completion of Initial Eligibility Determination.

(1) To satisfactorily complete the initial eligibility determination, a caretaker relative of a child shall meet the following requirements to qualify as a kinship caregiver:

(a) Achieve a satisfactory relative home evaluation, described in Section 4 of this administrative regulation, from cabinet staff;

(b) Meet approval criteria established in Section 3 of this administrative regulation for criminal records checks;

(c) Meet approval criteria established in Section 3 of this administrative regulation for child abuse and neglect checks, conducted by the cabinet; and

(d) Agree to and sign the "KC-01 Kinship Care Program Statement of Rights and Responsibilities".

(2) The child's designated cabinet worker shall utilize Form "KIM-78KC Kinship Care Financial Assistance Application", to refer the caretaker relative and child to the appropriate cabinet staff for an eligibility determination of the Kinship Care Program's financial assistance for the child.

(3) Prior to the financial assistance eligibility determination by the cabinet for receipt of the Kinship Care Program's financial assistance, the "KIM-78KC Kinship Care Financial Assistance Application" shall be signed and dated by:

(a) The designated cabinet worker assigned to the child; and

(b)

The caretaker relative with whom the child is placed; or
A representative authorized in writing to act on behalf of the caretaker relative.

(4) A caretaker relative who fails to satisfactorily complete the initial eligibility determination required by subsection (1) of this section to qualify as a kinship caregiver shall not be eligible to receive financial assistance from the Kinship Care Program for the child.

Section 6. Application Process for the Kinship Care Program.

(1) The date of the "KIM-78KC, Application for Kinship Care Financial Assistance", shall be:

(a) Within the timeframes established in Section 2 of this administrative regulation; or

(b) In accordance with Section 12 of this administrative regulation.

(2) The caretaker relative shall be the primary source of a child's information and shall:

(a) Furnish verification of income, resources, and technical eligibility, as required by Section 8 of this administrative regulation; and

(b) Give written consent to those contacts necessary to verify or clarify a factor pertinent to the decision of eligibility.

(3) The application shall be processed in the county of residence of the caretaker relative.

(4) If the caretaker relative is unable to go to the local department office to complete the application process, the caretaker relative may:

(a) Designate an authorized representative; or

(b) Request a home visit.

(5) The caretaker relative may be:

(a) Assisted by an individual of his choice in the application process; or

(b) Accompanied by an individual of his choice during a contact with the cabinet.

(6) In accordance with the procedures described in 920 KAR 1:070, interpreter services shall be provided for a person who is:

(a) Deaf; or

(b) Hard of hearing.

(7) Interpreter services shall be provided for a non-English speaking individual as specified in 921 KAR 2:035, Section 1.

(8) If informed in writing of an appointment or necessary information to be provided by the caretaker relative, failure of the caretaker relative to appear for a scheduled interview or provide required information at the time requested shall be a failure to present adequate proof of eligibility.

Section 7. Timeframe for Eligibility Determination.

(1) A decision shall be made regarding eligibility for Kinship Care Program financial assistance and payment issued within forty-five (45) calendar days of the date the "KIM-78KC Kinship Care Financial Assistance Application" is signed by the caretaker relative or representative.

(2) Exception to the time standard established in subsection (1) of this section may be provided by the cabinet if the caretaker relative or cabinet requires additional time to obtain verification necessary for an eligibility determination.

(3) The case record shall document the reason for not meeting the timeframe established in subsection (1) of this section.

(4) Failure to process an application within the timeframe shall not be used as a basis for denial for the Kinship Care Program.

(5) Use or disclosure of information obtained from the caretaker relative, child, or household, exclusively for the Kinship Care Program, shall be restricted pursuant to KRS 61.870 to 61.884, 194A.060, 205.175, 205.177, and 620.050.

Section 8. Eligibility Determination for Financial Assistance Under the Kinship Care Program.

(1) Except as provided in this administrative regulation, to be eligible a child shall meet technical eligibility requirements that are established for a K-TAP child in accordance with 921 KAR 2:006.

(2) The resource limit and countable resources of the child shall be the same as a K-TAP child in accordance with 921 KAR 2:016, Section 3.

(3) Except for the maximum payment scale and child's income limit in Section 11(1) of this administrative regulation, countable income of the child shall be the same as a K-TAP child in accordance with 921 KAR 2:016, Section 4(1).

(4) A child eligible for the Kinship Care Program living in the home with a sibling receiving K-TAP shall not be considered a sibling in a K-TAP benefit group in accordance with 921 KAR 2:016.

(5) Income and resources of a caretaker relative shall be disregarded when determining eligibility benefits for the child.

(6) A child shall not be concurrently eligible for a payment from the Kinship Care Program and:

(a) A foster care payment as established in 922 KAR 1:350 or 922 KAR 1:360;

(b) A K-TAP payment as established in 921 KAR 2:016; or

(7) The kinship caregiver shall cooperate in the child support activities pursuant to 42 U.S.C. 608(a)(2) and 921 KAR 2:006, Section 18. If the approved kinship caregiver refuses to cooperate with a child support activity, kinship care financial assistance shall be reduced by twenty-five (25) percent of the amount of the maximum payment for the appropriate number of eligible members, as established in Section 11(1) of this administrative regulation.

(8) The penalty in subsection (7) of this section shall not be applied on a showing of good cause in accordance with 921 KAR 2:006, Section 18(4).

(9) As a condition of eligibility of the Kinship Care Program for a child, the caretaker relative shall make an assignment of rights to the state for support, as required by 42 U.S.C. 608(a)(3) and KRS 205.720(1). The assignment shall:

(a) Include members of the case for whom support rights apply; and

(b) Be completed when applying for Kinship Care Program financial assistance.

(10) If all technical and financial eligibility factors are met, the effective date of eligibility for Kinship Care financial assistance shall be the date of placement of the child in the home of the kinship caregiver that is listed on the "KIM-78KC Kinship Care Financial Assistance Application".

Section 9. Ineligible Child for the Kinship Care Program. A child shall not be eligible for the Kinship Care Program if the:

(1) Child applying for the Kinship Care Program does not have a KIM-78KC signed by the cabinet worker designated to monitor the child's permanency, safety, and well being;

(2) Child's parental relative resides with the child or has legal custody of the child, including joint custody;

(3) Prospective caretaker relative of a child declines by form KC-01 the initial offer of the Kinship Care Program and related benefits;

(4) Child or caretaker relative lives in or relocates to another state;

(5) Child's removal is based on a cabinet finding of dependency, in accordance with 922 KAR 1:330, except for a finding of dependency based on the death of both parents of the child;

(6) Child no longer meets the definition of a "child" in Section 1 of this administrative regulation; or

(7) Child's initial eligibility determination for the Kinship Care Program is made on or after April 1, 2013.

Section 10. Permanency for the Child.

(1) Pursuant to KRS 620.090, the cabinet shall recommend to the court that the caretaker relative be granted temporary custody of the child, and the caretaker relative shall agree to take temporary custody of the child.

(2) A judicial authority granting temporary custody to the cabinet, pursuant to KRS 620.080, shall not be used to deny the caretaker relative's access to the Kinship Care Program.

(3) In accordance with 922 KAR 1:140, the child's designated worker shall develop a case permanency plan pursuant to KRS 620.230(2) and conduct regular visits with the child.

(4) Prior to the 12th month of placement into the kinship caregiver's home the cabinet shall:

(a) Review the case permanency plan and placement to determine if Kinship Care is in the best interest of the child;

(b) Prepare a court report recommendation pertaining to permanent custody of the child; and

(c) Request that the case be redocketed for court action to determine permanent custody pursuant to KRS 620.027, if appropriate.

(5) To continue receiving the Kinship Care Program financial assistance, the kinship caregiver shall pursue permanent custody of the child without undue delay on the part of the kinship caregiver.

(6) The kinship caregiver shall meet the criteria of pursuing permanent custody, as required in subsection (5) of this section, if a petition for permanent custody of the child is filed no later than thirty (30) calendar days after the 12th month of:

(a) Receiving financial assistance from the Kinship Care Program; or

(b) Signing the KC-01.

(7) If the kinship caregiver is not pursuing permanent custody of the child as required in subsections (5) and (6) of this section, the child shall not be eligible for the Kinship Care Program and the cabinet shall:

(a) Discontinue Kinship Care Program benefits for the child;

(b) Notify the overseeing court in accordance with KRS 620.130(2); and

Section 11. Kinship Care Payment.

(1) The maximum monthly payment scale and child's income limit shall be as follows:

(2) The kinship caregiver shall not be eligible for Kinship Care financial assistance, but shall be the payee for the eligible child's kinship care benefits.

(3) The caretaker relative shall not receive the Kinship Care financial assistance for a child:

(a) Until approval of an application for the Kinship Care Program's financial assistance; or

(b) Prior to the application date for the Kinship Care Program's financial assistance.

Section 12. Eligibility Shall Follow the Child. To the extent funds are available, a child's initial eligibility determination made prior to April 1, 2013, as specified in Section 2 of this administrative regulation, may be used for a reapplication and redetermination of eligibility for financial assistance under the Kinship Care Program if:

(1) The child leaves the home of the kinship caregiver and the cabinet:

(a) Places the child with another caretaker relative due to:

Death of the kinship caregiver;
An illness or injury of the kinship caregiver, as supported by medical documentation, that inhibits adequate care of the child; or
Active duty in military service of the kinship caregiver; or

(b) Returns the child to the kinship caregiver if the absence is temporary in accordance with:

Section 16(2) of this administrative regulation; or
Paragraph (a)2 or 3 of this subsection; or

(2) A child who is discontinued from the Kinship Care Program due to SSI eligibility subsequently becomes ineligible for SSI.

Section 13. Eligibility Redetermination.

(1) The cabinet shall redetermine eligibility if a report or information about a change in circumstance is received.

(2) The cabinet shall redetermine eligibility every twelve (12) months to reassess a Kinship Care case for continued eligibility and financial assistance.

(3) A kinship caregiver shall report within ten (10) calendar days a change in circumstance that may affect eligibility or the amount of financial assistance.

(4) A kinship caregiver shall be responsible for requirements during eligibility redetermination for continued Kinship Care Program financial assistance pursuant to Sections 6(2) and 6(8) of this administrative regulation.

Section 14. Start-up Costs.

(1) To the extent funds are available, a one (1) time start-up amount may be provided prior to April 1, 2013, for the purpose of supplying a child's immediate need for:

(a) Clothing;

(b) School supplies;

(d) A deposit for a larger apartment; or

(e) An essential documentable cost up to the maximum allowed in subsection (2) of this section.

(2) The total amount of assistance allowed for the Kinship Care case for start-up costs shall not exceed the maximum amount for the appropriate number of eligible children in the Kinship Care case as follows:

(3) The amount of an eligible start-up cost payment shall be issued by check directly to a vendor providing the needed service or item listed in subsection (1) of this section.

Section 15. Supportive Services.

(1) To the extent funds are available, the following services may be provided as needed on a case-by-case basis to ensure a placement is not disrupted:

(a) Family counseling;

(b) Parenting training; or

(2) The cabinet shall provide services or facilitate access to services, including case-management services, described in the child's case permanency plan for at least six (6) months beginning with the date of placement of the child with the caretaker relative.

(3) To the extent funds are available, a child in Kinship Care shall be eligible for an educational bonus under the same conditions as a K-TAP recipient, as described at 921 KAR 2:017, Section 11.

(4)

(a) If child care assistance is requested, the cabinet shall refer the kinship caregiver to the area child care broker;

(b) Eligibility for child care assistance shall be determined in accordance with criteria established in 922 KAR 2:160; and

Section 16. Discontinuance from the Kinship Care Program.

(1) Financial assistance under the Kinship Care Program shall not be provided to a child:

(a) If the kinship caregiver fails to meet eligibility redetermination requirements as specified in Section 13 of this administrative regulation;

(b) Who meets a criterion in accordance with Section 9 of this administrative regulation; or

(c) Who is absent from the home of the kinship caregiver for a period of thirty (30) consecutive calendar days or more unless the child:

Is absent due to medical care or school attendance; and
Continues to be under the care and control of the kinship caregiver.

(2) A child shall be temporarily discontinued from the Kinship Care Program during the period of time the child is residing in:

(a) Foster care as defined in KRS 620.020(5);

(b) A residential treatment facility as defined in KRS 600.020(50);

(d) A parent's home for up to sixty (60) days for reunification purposes on a trial basis; or

(e) Detention as defined in KRS 600.020(20).

Section 17. Overpayment. A Kinship Care Program overpayment, including assistance paid pending a hearing decision, shall be recovered from the kinship caregiver through:

(1) Repayment by the kinship caregiver to the cabinet pursuant to KRS 45.237-45.241 and 205.211;

(2) Reduction of future Kinship Care Program benefits by ten (10) percent of the maximum monthly assistance paid according to the appropriate number of eligible Kinship Care Program children as established in Section 11(1) of this administrative regulation; or

(3) Cabinet initiation of a civil action in the court of appropriate jurisdiction after:

(a) Notice and an opportunity for an administrative hearing in accordance with Section 19 of this administrative regulation is provided to the kinship caregiver; or

(b) The kinship caregiver has exhausted or abandoned the administrative and judicial remedies as specified in 921 KAR 2:055.

Section 18. No Individual or Family Entitlement.

(1) The Kinship Care Program shall not entitle an individual or family to receive financial assistance in accordance with 42 U.S.C. 601(b).

(2) The Kinship Care Program financial assistance may be provided to an eligible child only to the extent funds are available, in accordance with KRS 605.120(5).

Section 19. Service Appeal.

(1) An administrative hearing or service appeal in accordance with 922 KAR 1:320 may be requested by a kinship caregiver denied:

(a) Supportive services to facilitate the child's placement stability with the kinship caregiver in accordance with Section 15 of this administrative regulation; or

(b) Start-up costs offered to facilitate a child's adjustment to the new environment with the kinship caregiver prior to April 1, 2013.

(2) A kinship caregiver who is dissatisfied with an action or inaction on the part of the cabinet relating to financial assistance under the Kinship Care Program shall have rights to a hearing pursuant to 921 KAR 2:055.

Section 20. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "KC-01 Kinship Care Program Statement of Rights and Responsibilities", 07/03;

(b) "DPP-1276 Relative Home Evaluation", 07/03; and

History

RELATES TO: KRS 194A.060, 199.462(1), 205.175, 205.177, 205.210, 205.211, 205.720(1), 403.270, 403.280, 405.020(3), (4), 600.020(1), (20), (50), 610.010(8), 615.030, 620.027, 620.050, 620.080, 620.090, 620.130(2), 620.230(2), 45 C.F.R. 264.30, 42 U.S.C. 601-619
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200 (2), (3), 605.120(5), (6), 605.150(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS Chapter 205 requires the Cabinet for Health and Family Services to administer the public assistance programs. KRS 205.200(2) requires the cabinet to prescribe, by administrative regulation, the conditions of eligibility for public assistance, in conformity with the Social Security Act, 42 U.S.C. 601-619 and federal regulations. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement provisions of KRS Chapter 605, Administrative Matters. KRS 605.120(5) authorizes the cabinet, to the extent funds are available, to establish a program for kinship care that provides a permanent placement for a child who is or would otherwise be placed in foster care due to abuse, neglect, or death of both parents. KRS 605.120(6) requires the cabinet to promulgate administrative regulations establishing uniform conditions and requirements regarding eligibility, financial assistance and payment rates, and support and case-management services for kinship care. This administrative regulation establishes the Kinship Care Program in Kentucky.
History: 26 Ky.R. 293; 624; eff. 9-15-99; 27 Ky.R. 875; 1272; eff. 11-17-2000; 29 Ky.R. 2187; 2711; 30 Ky.R. 51; eff. 7-16-03; TAm eff. 10-27-2004; TAm eff. 1-27-2006; TAm eff. 8-24-2010; 39 Ky.R. 2220; 40 Ky.R. 550; eff. 9-18-2013; Crt eff. 9-4-2020.

922 KAR 1:140 Permanency services {#sec-922-kar-1-140 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:140}

Section 1. Definitions.

(1) "Absent parent search" means cabinet-initiated efforts to locate a biological or legal parent, or a relative.

(2) "Cabinet" is defined by KRS 194A.005(1), 199.011(3), and 600.020(7).

(3) "Case permanency plan" is defined by KRS 620.020(1).

(4) "Child" means:

(a) A child defined by KRS 199.011(4) and 600.020(9);

(b) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(e); or

(5) "Concurrent planning" means the cabinet simultaneously plans for:

(a) The return of a child in the custody of the cabinet to the child's parent; and

(b) Another permanency goal for the child if return to parent is not achieved within fifteen (15) of the last twenty-two (22) months, in accordance with 42 U.S.C. 675(5)(E).

(6) "Fictive kin" is defined by KRS 199.011(9) and 600.020(28).

(7) "Parent" is defined by 42 U.S.C. 675(2).

(8) "Reasonable efforts" is defined by KRS 620.020(13).

(9) "Relative" means an individual related to a child by blood, marriage, or adoption.

(10) "Subsidized permanent custody" means the guardianship assistance program authorized by 42 U.S.C. 673 and funded with Title IV-E and state general funds, established in 922 KAR 1:145.

Section 2. Children in Care. Unless the secretary of the cabinet or designee approves an exception based on overall trends in the foster care population, the maximum number of children who receive foster care in excess of twenty-four (24) months shall be 3,000 during a state fiscal year.

Section 3. Permanency Planning.

(1) In a court permanency hearing held pursuant to KRS 610.125, the cabinet shall demonstrate that reasonable efforts to return the child to the child's parent:

(a) Have been unsuccessful; or

(b) Are not required under the provisions of KRS 610.127.

(2) In the provision of permanency services, the cabinet shall meet the requirements of the:

(a) Indian Child Welfare Act in accordance with 25 U.S.C. 1901-1963, 42 U.S.C. 671(a)(32), and 42 U.S.C. 1996; or

(b) Multiethnic Placement Act as amended by the Interethnic Adoption Provisions of 1996 in accordance with 42 U.S.C. 622(b)(7), 671(a)(18), and 1996b.

(3) If a child entering the custody of the cabinet has an absent parent, an absent parent search shall:

(a) Be conducted within thirty (30) days of a child entering the custody of the cabinet;

(b) Be conducted to gather as much information as possible related to the person and the person's location, which may include:

Date of birth;
Social Security number;
Present or previous employers;
Present or most recent address; and

(c) Include a written record of all search attempts, written correspondence, and telephone contacts with any person to assist in locating a parent or relative.

(4) The cabinet shall not be obligated to search for or seek fictive kin as a placement for a child.

(5) When a case conference is held in compliance with KRS 620.180(2)(a)1 for a child placed in the custody of the cabinet, the cabinet shall develop and document a case permanency plan.

(6) The case permanency plan shall identify the permanency goal described in Section 4(2) of this administrative regulation.

(7) Concurrent planning shall be considered:

(a) During development of the case permanency plan; and

(b) At the six (6) month case review.

Section 4. Permanency Goals.

(1) A permanency goal for a child who has been removed from the child's home of origin by a court shall be established according to the particular needs and best interest of the child.

(2) A permanency goal shall include one (1) of the following:

(a) Return to parent;

(b) Adoption;

(d) Legal guardianship;

(e) Subsidized permanent custody;

(f) Transitioning to adulthood; or

(g) Another planned permanent living arrangement.

Section 5. Return to Parent.

(1) The cabinet shall recommend to the court that a child who has been removed from the child's home of origin by the court is returned to the parent if the cabinet determines:

(a) A family has successfully mitigated the danger to the child associated with the removal or has a plan supported by the cabinet to provide safety for the child while making progress towards completing the case plan; and

(b) Return to the parent is in the best interest of the child.

(2) If the cabinet determines that a family has not successfully mitigated the danger to the child associated with the removal or does not have a plan supported by the cabinet to provide safety for the child while making progress toward completing the case plan, the cabinet shall seek a court order for:

(a) A change in the permanency goal;

(b) Termination of parental rights; or

(3) If the court determines that a circumstance occurs that negates the requirement to make reasonable efforts to reunify the child and family, as described in KRS 610.127, the cabinet shall select a permanency goal other than return to parent.

Section 6. Adoption.

(1) The permanency goal for a child in the custody of the cabinet shall be adoption if:

(a) The parent pursues voluntary termination of parental rights pursuant to KRS 625.040; or

(b) The cabinet pursues involuntary termination of parental rights:

Pursuant to KRS 620.180(2)(c)3 or 625.090; or
If the child has been in foster care for fifteen (15) of the most recent twenty-two (22) months pursuant to 42 U.S.C. 675(5)(E).

(2) The cabinet shall request an exception for proceeding with involuntary termination of parental rights pursuant to subsection (1)(b) of this section, if:

(a) A relative or fictive kin placement has been secured;

(b) Termination is not in the best interest of the child, for a compelling reason:

Documented in the case permanency plan; and
Monitored on a continual basis; or

(c) A service necessary for return to parent has not been provided within the time period specified in the case permanency plan.

(3) Cabinet staff shall consider involuntary termination of parental rights at each permanency hearing held pursuant to KRS 610.125(1) or a case review in accordance with KRS 620.180(2)(c)1 and 2.

Section 7. Permanent Relative Placement. The permanency goal for a child who has been removed from the child's home of origin by a court shall be permanent custody if:

(1) Return to the parent is not in the child's best interest; and

(2) The cabinet determines that a relative or fictive kin who does not pursue adoption, legal guardianship, or subsidized permanent custody is able to provide a permanent home for the child.

Section 8. Legal Guardianship.

(1) The permanency goal for a child who has been removed from the child's home of origin by a court shall be legal guardianship if the cabinet determines that:

(a) Return to the parent, adoption, or subsidized permanent custody is not in the child's best interest;

(b) There is an identified adult, including fictive kin, willing to seek legal guardianship of the child; and

(2) Legal guardianship shall be requested pursuant to KRS 387.025.

Section 9. Subsidized permanent custody. The permanency goal for a child who has been removed from the child's home of origin by a court shall be subsidized permanent custody if the cabinet determines that:

(1) Reunification, adoption, legal guardianship, and permanent relative custody is not in the child's best interest; and

(2) The child is eligible pursuant to Section 2 of 922 KAR 1:145.

Section 10. Transitioning to Adulthood. The permanency goal for a child who is eighteen (18) years of age or older and has extended commitment to the cabinet or seventeen (17) years of age shall be transitioning to adulthood if:

(1) Other permanency goal options have been exhausted and are no longer appropriate due to the specific circumstances of the child;

(2) The cabinet has reviewed documentation and determined that a goal of transitioning to adulthood is in the best interest of the child;

(3) The court has determined that transitioning to adulthood is in the best interest of the child; and

(4) For children aged seventeen (17), approval is obtained from the commissioner or designee prior to the court determination required by subsection (3) of this section and the establishment of transitioning to adulthood as a permanency goal.

Section 11. Another Planned Permanent Living Arrangement.

(1) The permanency goal for a child in the custody of the cabinet who is sixteen (16) years of age or older shall be another planned permanent living arrangement if:

(a) An unsuccessful effort has been made to place the child for adoption or with a relative or fictive kin, and the child has been placed on a national adoption register;

(b) Other permanency goal options have been exhausted and are no longer appropriate due to the specific circumstances of the child;

(c) The cabinet has reviewed documentation that a goal of another planned permanent living arrangement is in the best interest of the child;

(d) The court has determined that another planned permanent living arrangement is in the best interest of the child to be placed; and

(e) The child has formed psychological ties with those with whom the child lives, and adoption and guardianship have been discussed with the care provider and are not viable alternatives.

(2) Approval shall be obtained from the commissioner or designee prior to the establishment of another planned permanent living arrangement as a permanency goal for a child placed with a private child-caring agency.

Section 12. Permanency Services.

(1) The cabinet shall provide services for a child who has been removed from the child's home of origin by a court so that permanency is achieved.

(2) Permanency services may include:

(a) Ongoing case work and monitoring of the family to:

Maintain the child safely in the child's home; and
Ensure safe return of the child if the goal is return to the parent;

(b) Independent living services and programming for the child in accordance with 42 U.S.C. 677;

(d) Post-finalization adoption assistance if adoption assistance has not been previously approved pursuant to KRS 199.555 and 199.557;

(e) Post-adoption placement stabilization services as established in 922 KAR 1:530;

(f) Subsidized permanent custody payments as established in 922 KAR 1:145; or

(g) Referral to other cabinet and community resources necessary for the achievement or maintenance of the child's permanency goal.

(3) Cabinet resources for a prospective or existing permanent relative or fictive kin placement shall be established in 922 KAR 1:565.

Section 13. Funerals and Burials.

(1) The biological or legal parent of a child deceased while in temporary custody or committed to the cabinet, shall be responsible for funeral arrangements, unless the:

(a) Parental rights have been terminated;

(b) Parent cannot be located; or

(2) Personal and family resources, including the deceased child's trust fund and insurance in the deceased child's name, shall be exhausted prior to the approval of cabinet funds for funeral and burial expenses.

History

RELATES TO: KRS 2.015, 194A.005(1), 199.011(3), (4), (9), 199.462, 199.555, 199.557, 199.801, 387.025, 527.100, 527.110, 600.020, 610.110, 610.125, 610.127, 620.020(1), (11), 620.060, 620.090, 620.140, 625.040, 625.090, 45 C.F.R. 1355 -1357, 25 U.S.C. 1901-1963, 42 U.S.C. 621-629m, 670-679c, 1996, 1996b
STATUTORY AUTHORITY: KRS 194A.050(1), 199.467, 620.180
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.467 requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations establishing specific goals for the cabinet, for each fiscal year, regarding the maximum number of children who will remain in foster care longer than twenty-four (24) months, and describing the steps to be taken to achieve the goals. KRS 620.180(2) requires the cabinet to promulgate administrative regulations for status review, ongoing case work, and supportive services to children in placement. This administrative regulation establishes the maximum number of children remaining in foster care longer than twenty-four (24) months, and establishes permanency services available to children in placement.
History: 9 Ky.R. 667; eff. 12-1-1982; 10 Ky.R. 690; eff. 12-2-1983; 16 Ky.R. 1067; eff. 1-12-1990; 20 Ky.R. 2406; eff. 3-23-1994; Recodified from 905 KAR 1:140, 10-30-1998; 26 Ky.R. 2423; 27 Ky.R. 814; 1274; eff. 11-17-2000; TAm eff. 10-27-2004; TAm eff. 1-27-2006 35 Ky.R. 1365; 1823; eff. 2-6-2009; 39 Ky.R. 2225; 40 Ky.R. 554; eff. 9-18-2013; 43 Ky.R. 823, 1201; eff. 3-3-2017; 44 Ky.R. 416, 1060; eff. 1-5-2018; 45 Ky.R. 2228, 2935; eff. 5-31-2019; 50 Ky.R. 1595, 2223, 2402; eff. 6-19-2024.

922 KAR 1:145 Subsidized permanent custody {#sec-922-kar-1-145 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:145}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 199.011(3).

(2) "Child" means:

(a) "Child" as defined by KRS 199.011(4) and 600.020(9);

(b) An eighteen (18) year old enrolled with regular full-time attendance in high school, vocational school, or technical school;

(c) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(d); or

(d) A person under age twenty-one (21) who meets the exceptions to the age of majority in accordance with KRS 2.015.

(3) "Fictive kin" is defined by KRS 199.011(9) and 600.020(28).

(4) "Parent" is defined by 42 U.S.C. 675(2).

(5) "Relative" means an individual related to a child by blood, marriage, or adoption.

(6) "Subsidized permanent custody" means the guardianship assistance program authorized by 42 U.S.C. 673 and funded with Title IV-E and state general funds.

(7) "Successor caregiver" is defined as an individual named in the subsidized permanent custody agreement, or most recent amendment to the agreement, to serve as the caregiver in the event the original caregiver named in the subsidized permanent custody agreement dies or is incapacitated.

Section 2. Eligibility of Child. To qualify for assistance, a child or youth shall:

(1) Be placed in the permanent custody of a relative or fictive kin caregiver by order of a court entered pursuant to KRS 403.270-403.355, 610.125, 620.027, or 620.140 if the order states that reunification or adoption are not in the child's best interest;

(2) Demonstrate a strong attachment to the relative or fictive kin caregiver;

(3) Have been placed in an approved relative or fictive kin foster home that received foster care maintenance payments for at least six (6) consecutive months, except for:

(a) A child whose sibling has met this requirement; or

(b) A child being placed with a successor caregiver pursuant to Section 8 of this administrative regulation;

(4) Be residing with a caregiver who meets the eligibility requirements established in Section 3 of this administrative regulation;

(5) Have been approved for subsidized permanent custody at age sixteen (16) or older to continue receiving payment after age eighteen (18) up to age twenty-one (21), except for a child or youth who meets the exception to the age of majority, if the child or youth is:

(a) Completing secondary education or a program leading to an equivalent credential;

(b) Enrolled in an institution that provides post-secondary or vocational education;

(d) Employed for at least eighty (80) hours per month; and

(6) Meet any additional eligibility requirements required for receipt of federal funding, as specified in 42 U.S.C. 673(d)(3).

Section 3. Eligibility of Caregiver.

(1) To qualify for assistance, a caregiver shall:

(a) Be a nonparental relative or fictive kin of a child who is eligible for assistance pursuant to Section 2 of this administrative regulation;

(b) Meet the requirements of a foster home established in 922 KAR 1:310 or 922 KAR 1:350;

(d) Have a strong commitment to permanently caring for the child.

(2) Prior to cabinet approval and the issuance of a new subsidized permanent custody agreement:

(a) Each caregiver and adult member of the caregiver's household shall have completed a background check pursuant to 922 KAR 1:490; and

(b) Each member of the caregiver's household who is age twelve (12) through age seventeen (17) shall have completed a DPP-157, submitted to a child abuse or neglect check, and been approved by the cabinet pursuant to 922 KAR 1:490.

Section 4. Subsidized Permanent Custody Agreement.

(1) Prior to approval of subsidized permanent custody, the eligible child shall consent in writing to the placement with the selected caregiver, if the child is:

(a) At least fourteen (14) years of age; and

(b) Competent, as determined by the cabinet, to provide informed consent to the placement and terms of the agreement.

(2) The cabinet shall confirm that all requirements established in this administrative regulation have been met and shall require the caregiver to complete the subsidized permanent custody agreement to receive payment pursuant to Section 5 of this administrative regulation.

Section 5. Payments and Benefits.

(1) If funding is available and the subsidized permanent custody agreement is completed and agreed to by the cabinet and the caregiver prior to the finalization of the permanent custody, taking into consideration the circumstances of the caregiver and the needs of the child, the payments shall:

(a) Be for an amount that is more than zero dollars, but does not exceed the foster care maintenance payment rate that would have been paid on behalf of the child in foster care; and

(b) Begin, effective as of the date the order granting permanent custody is signed into court record.

(2) A child who is approved for subsidized permanent custody shall continue to be eligible for Medicaid coverage after the order granting permanent custody and subsidized permanent custody agreement are signed and finalized in accordance with applicable provisions of 907 KAR 20:005.

(3) A child or caregiver who is approved for subsidized permanent custody shall also be eligible to receive applicable assistance provided pursuant to 922 KAR 1:565.

(4) A child who is approved for subsidized permanent custody at age sixteen (16) or older shall be eligible for:

(a) Independent living services established in 922 KAR 1:340; and

(b) An educational and training voucher pursuant to 922 KAR 1:500.

(5) A request for payment of nonrecurring subsidized permanent custody expenses of $2,000 or less shall be submitted to the cabinet for reasonable and necessary fees, court costs, and other expenses that were actually incurred and directly related to the placement of a child no later than twelve (12) months after the order granting permanent custody is entered into court record.

Section 6. Annual Contact.

(1) The cabinet shall make annual contact with the caregiver by mail, email, phone, home visit, or other cabinet method of contact to ensure that the:

(a) Child remains in the caregiver's home;

(b) Caregiver continues to provide care and support for the child; and

(2) The cabinet may conduct a home or office visit after annual contact if:

(a) The caregiver requests a home or office visit;

(b) The needs of the child have changed;

(d) The cabinet receives information that is contrary to the information provided by the caregiver or child during the annual contact.

Section 7. Suspension or Termination of Agreement and Payment.

(1) The cabinet may suspend payments pursuant to a subsidized permanent custody agreement if multiple attempts by the cabinet to make annual contact as established in Section 6 of this administrative regulation have failed due to lack of response from the caregiver or child.

(2) A caregiver shall notify the cabinet within thirty (30) calendar days of any changes in circumstances that would change the payment amount or make the caregiver ineligible for payments pursuant to Sections 2 or 3 of this administrative regulation.

(3) The cabinet may alter the payment amount based on information provided to the cabinet if the amount is agreed upon by the cabinet and caregiver.

(4) The cabinet shall temporarily suspend subsidized permanent custody payments during the period of time the:

(a) Child reenters the custody of the cabinet, if applicable; or

(b) Caregiver fails to provide documentation demonstrating financial responsibility and support after the cabinet has requested the documentation from the caregiver at least three (3) times.

(5) The cabinet shall resume payments suspended pursuant to this section if modifications to the agreement are agreed to by the cabinet and the caregiver or if the caregiver resumes financial support of the child and provides to the cabinet documentation demonstrating financial responsibility and support.

(6) The cabinet shall terminate a subsidized permanent custody agreement if the:

(a) Cabinet determines that the:

Child is no longer receiving financial support from the caregiver;
Caregiver's legal responsibility to the child has ended;
Custody is reassigned to a successor caregiver; or
Appropriated funds are no longer available to support continuation of this program pursuant to Section 5 of this administrative regulation;

(b) Caregiver:

Requests termination; or
Becomes deceased; or

Becomes deceased;
Marries;
Is inducted into military services;
Except for a child for whom commitment to the cabinet was extended or who meets the exception to the age of majority:

a. Obtains age eighteen (18); or

b. If still enrolled in high school, obtains:

(i) Age nineteen (19); or

(ii) High school graduation before age nineteen (19).

(7) Cabinet staff shall provide written notice of intended action for a reduction, suspension, or termination of payments:

(a) Ten (10) calendar days in advance;

(b) In accordance with 922 KAR 1:320, Section 6; and

(8) The written notice of intended action shall include a statement of the reason or reasons for the reduction, suspension, or termination as determined by the cabinet.

(9) The effective date of the reduction, suspension, or termination shall be the date documented on the notice of intended action.

(10) If the caregiver has received a payment attributable to a time after the effective date of the reduction, suspension, or termination, the caregiver shall be obligated to repay the amount of that payment to the cabinet.

Section 8. Subsidized Permanent Custody Successor. In the event of the death or incapacity of a subsidized permanent custody caregiver, a new subsidized permanent custody agreement may be completed and agreed to by the cabinet and a successor caregiver if the successor caregiver:

(1) Is named in the subsidized permanent custody agreement or amendment that was effective before the date of death or determination of incapacity of the caregiver;

(2) Has been appointed by the court in a custody proceeding as the child's caregiver;

(3) And each member of the caregiver's household has completed the background checks required by Section 3(2) of this administrative regulation prior to cabinet approval and the issuance of a new subsidized permanent custody agreement; and

(4) Complies with the duties and responsibilities of the caregiver established in:

(a) This administrative regulation;

(b) A new subsidized permanent custody agreement, signed by the cabinet and the successor caregiver; and

Section 9. Out-of-State Requests. The cabinet shall review out-of-state requests for subsidized permanent custody of a child in the custody of the cabinet considering the:

(1) Best interest of the child;

(2) Consent of the parent or parents, if applicable; and

(3) Extent of funds available.

History

RELATES TO: KRS 2.015, 199.011, 403.270-403.355, 600.020, 605.100, 605.130, 610.110(6), 610.125, 620.090, 620.140, 620.170, 45 C.F.R. 1355.34(b), 42 U.S.C. 673
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472, 605.100(1), 605.130(7), 605.150, 620.180(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the cabinet to promulgate, administer, and enforce those administrative regulations necessary to qualify for the receipt of federal funds. To maintain eligibility for full funding pursuant to Titles IV-E and IV-B of the Social Security Act, under 45 C.F.R. 1355.34(b) and (c), the cabinet shall design services to help children achieve permanency. KRS 605.150 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605, including KRS 605.130(7), which requires the cabinet to perform other services necessary for the protection of children, and KRS 605.100(1), which requires the cabinet to arrange for a program of care, treatment, and rehabilitation of the children committed to it. KRS 620.180(2) requires the cabinet to promulgate administrative regulations for status review, ongoing case work, and supportive services to children in placement. This administrative regulation establishes cabinet requirements and procedures to process requests for subsidized permanent custody pursuant to the federal Title IV-E guardianship assistance program and state guardianship assistance program, as authorized by 42 U.S.C. 673.
History: 50 Ky.R. 1595, 2223, 24002; eff. 6-19-2024.

922 KAR 1:290 Background checks for private child-caring or child-placing staff members {#sec-922-kar-1-290 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:290}

Section 1. Definitions.

(1) "Address check" means a cabinet search of the Kentucky or National Sex Offender Registry to determine if a person's residence is a known address of a registered sex offender.

(2) "Cabinet" is defined by KRS 199.011(3).

(3) "Child-caring facility" is defined by KRS 199.011(5).

(4) "Child-placing agency" is defined by KRS 199.011(6).

(5) "Kentucky National Background Check Program" or "NBCP" means a background screening program administered by the cabinet in accordance with 906 KAR 1:190.

(6) "Rap back system" is defined by KRS 199.011(14).

(7) "Staff member" is defined by KRS 199.642(1).

Section 2. Applicability, Implementation, and Enforcement.

(1) This administrative regulation shall apply to child-caring or child-placing providers and their prospective and current staff members.

(2) A person who is a child-caring or child-placing staff member prior to the effective date of this administrative regulation shall submit to and complete background checks in accordance with this administrative regulation no later than July 1, 2023.

(3) A prospective child-caring or child-placing staff member shall complete the background check process required in accordance with this administrative regulation and have been found to have no disqualifying offense prior to becoming a child-caring or child-placing staff member.

(4) To assure timely processing of background checks, the cabinet shall prioritize the processing of background checks for prospective child-caring and child-placing staff members.

(5) A current or prospective child-caring or child-placing staff member shall be subject to background checks in accordance with Sections 3 and 4 of this administrative regulation.

Section 3. Procedures and Payments.

(1) To initiate the process of obtaining a background check on a prospective or current child-caring or child-placing staff member, the provider shall:

(a) Request that the staff member provide a copy of his or her driver's license or other government-issued photo identification and verify that the photograph clearly matches the staff member;

(b) Request that the prospective or current staff member complete and sign the:

DPP-500, Private Child-Caring or Child-Placing Staff Member Waiver Agreement and Statement; and
DPP-501, Disclosures to be Provided to and Signed by the Applicant Private Child-Caring or Child-Placing Staff Member; and

(c) Log on to the NBCP portal and enter the prospective or current staff member's demographic information for a check of the:

Child abuse and neglect central registry pursuant to 922 KAR 1:470;
National Crime Information Center's National Sex Offender Registry in accordance with 34 U.S.C. 20921; and
Sex Offender Registry established in accordance with KRS 17.500 through 17.580.

(2)

(a) In accordance with KRS 199.642, 336.220, and 42 U.S.C. 671(a)(20)(D), a child-caring or child-placing provider shall submit payment via credit or debit card for a state and national fingerprint-supported criminal history background check performed by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI), including the rap back system. If a staff member is already enrolled in the NBCP and his or her rap back has not expired, a new fingerprint check shall not be required, but payment shall be required in order to receive a copy of the criminal history report.

(b) A child-caring or child-placing provider enrolled in the Kentucky NBCP shall pay a fee not to exceed twenty-five (25) dollars in addition to any fees charged in accordance with paragraph (a) of this subsection for the actual cost of processing a fingerprint-supported state and national criminal background check and for providing rap back services.

(3) Upon submission of payment in accordance with subsection (2) of this section, the staff member shall:

(a) Have no more than thirty (30) calendar days from the date of payment pursuant to subsection (2) of this section to submit his or her fingerprints at an authorized collection site for NBCP; and

(b) Present his or her driver's license or other government-issued photo identification to the designated agent at an authorized collection site prior to fingerprint submission.

(4) Upon completion of the background checks in accordance with this section and Section 4 of this administrative regulation, the cabinet:

(a) Shall provide notice to the provider within seven (7) business days in accordance with KRS 199.642(5) that the prospective or current staff member is:

Eligible for hire or continuation of employment; or
Not eligible for hire or continued employment if the prospective or current staff member is found by the cabinet to have a disqualifying background check result in accordance with Section 5 of this administrative regulation;

(b) May release any record of state criminal history found in the files of the Kentucky centralized criminal history record information system to the provider or another entity included on the waiver in accordance with subsection (1)(b) of this section; and

(c) Shall, upon receipt of written request from an applicant, send a copy of a KSP or FBI criminal history report to the prospective or current staff member by certified mail, restricted delivery service. The staff member shall show proof of identity and sign to receive his or her criminal history report from the local post office.

(5) A provider shall not be obligated to employ or offer employment to an individual who has been found by the cabinet to be eligible for hire pursuant to subsection (4)(a)1. of this section.

(6) A staff member may submit a request for a protection and permanency record in accordance with 922 KAR 1:510.

(7)

(a) If the NBCP portal is not operational, the cabinet may request a federal waiver that would allow a prospective staff member to undergo a:

Child abuse and neglect central registry check pursuant to 922 KAR 1:470;
Criminal records check conducted by the Kentucky Justice and Public Safety Cabinet or Administrative Office of the Courts;
National Crime Information Center's National Sex Offender Registry check in accordance with 34 U.S.C. 20921; and
Sex Offender Registry check in accordance with KRS 17.500 through 17.580.

(b) A background check completed through the NBCP portal shall be required as soon as operational.

Section 4. Checks of Other States.

(1) A prospective or current staff member who resides in or has resided in another state within the last five (5) years shall:

(a) Request from each state of current or prior residency, in accordance with the state's laws, policies, and procedures, with a courtesy notice to the cabinet:

An in-state criminal records check by:

a. Means of fingerprints for the state of residence; or

b. Any means accepted by a state of prior residency;

A check of the state's sex offender registry or repository; and
A check of the state-based child abuse and neglect registry and database; and

(b) Direct results of the checks required in paragraph (a) of this subsection to the Department for Community Based Services, Division of Protection and Permanency, 275 East Main Street, 3E-A, Frankfort, Kentucky 40621, or securely send results to privateagencyliaison@ky.gov.

(2) If the prospective or current staff member's current or prior state of residency participates in the FBI's National Fingerprint File Program, the staff member shall be exempt from the requirements of subsection (1)(a)1. of this section.

(3) In accordance with KRS 336.220, a child-caring or child-placing provider shall pay a fee charged by another state for a background check as permitted pursuant to 45 C.F.R. 98.43(f) for a prospective or current staff member.

(4) If another state fails to respond to a check submitted in accordance with subsection (1) of this section within thirty (30) calendar days from the date of the background check's request as verified by the staff member, the cabinet shall:

(a) Process a staff member's background checks and issue notice to the provider in accordance with Section 3(4) of this administrative regulation to ensure compliance with 45 C.F.R. 98.43(e); and

(b) Send notice in accordance with Section 3(4) of this administrative regulation if:

Another state provides requested background check results at a later date; and
A disqualifying background check result is identified.

Section 5. Disqualifying Background Check Results.

(1) Unless a rehabilitative review pursuant to Section 8 of the administrative regulation determines the individual is eligible to be hired, an individual shall be ineligible to be hired or otherwise serve as a staff member if the individual:

(a) Meets a criterion specified in 45 C.F.R. 98.43(c);

(b) Has a felony conviction, entered an Alford plea, a plea of guilty, or a plea of nolo contendere, related to:

A spouse, a child, sexual violence, or death as established in 42 U.S.C. 671(a)(2); or
Physical abuse, battery, drugs, or alcohol within the five (5) year period prior to the check;
KRS Chapter 209, protection of adults;
KRS Chapter 506, inchoate offenses;
KRS Chapter 511, burglary and related offenses;
KRS Chapter 515, robbery;
KRS Chapter 520, escape and other offenses relating to custody;
KRS Chapter 525, riot, disorderly conduct, and related offenses;
KRS Chapter 527, offenses relating to firearms and weapons;
KRS Chapter 529, prostitution offenses; or
KRS Chapter 530, family offenses, excluding KRS 530.050;

(d) Has a civil judicial determination related to child abuse or neglect;

(e) Has been found to have:

Committed sexual abuse or sexual exploitation of a child; or
Been responsible for a child fatality or near fatality related to abuse or neglect;

(f) Has been convicted of, or has entered an Alford plea, a plea of guilty, or a plea of nolo contendere to:

A sex or violent crime pursuant to KRS 17.165; or
An offense under a criminal statute of the United States or of another state similar to an offense specified in this paragraph;

(g) Is listed on the:

Central registry established in accordance with 922 KAR 1:470; or
Another state's state-based child abuse and neglect registry or database;

(h) Has an open warrant for a disqualifying offense established in this subsection; or

(i) Has a pending charge for a criminal offense specified in this subsection.

(2) An individual who has received a pardon for a disqualifying offense, has had the record expunged, or has evidenced dismissal of a warrant or disqualifying charge may serve as a staff member.

(3) Unless there is a pending informal review, rehabilitative review, or appeal in accordance with Section 6 of this administrative regulation, a provider shall be subject to a cabinet action against the provider's license in accordance with 922 KAR 1:305, if the provider employs a staff member who is ineligible for employment pursuant to subsection (1) of this section.

Section 6. Notice of a Disqualifying Background Check Result and Appeals.

(1) The cabinet shall notify each prospective or current staff member determined to have a disqualifying background check result in accordance with Section 5 of this administrative regulation.

(2) In addition to the cabinet's notification in accordance with subsection (1) of this section, a provider that receives notice from the cabinet that a prospective or current staff member has been determined to have a disqualifying background check result in accordance with Section 5 of this administrative regulation shall notify the staff member of the cabinet's determination within three (3) business days of receipt of the notice.

(3) A prospective or current staff member who receives notice of having a disqualifying background check result in accordance with Section 5 of this administrative regulation may:

(a) Challenge the accuracy of the cabinet's determination by submitting a written request for informal review, including any information the individual wishes to be considered, to the Department for Community Based Services, Division of Protection and Permanency, 275 East Main Street, 3E-A, Frankfort, Kentucky 40621, within ten (10) calendar days of the date of notice in accordance with subsection (1) of this section; or

(b) Request a rehabilitative review pursuant to Section 8 of this administrative regulation.

(4) Upon completion of an informal review upon request pursuant to subsection (3)(a) of this section, the cabinet shall provide written notice of the cabinet's decision to uphold or rescind the notice of disqualifying background check result to the prospective or current staff member.

(5) A prospective or current staff member may appeal the results of an informal review or a rehabilitative review pursuant to Section 8 of this administrative regulation, in accordance with 922 KAR 1:480.

(6) If a prospective or current staff member wishes to challenge the accuracy of a criminal background check, the cabinet shall refer the individual to the appropriate state or federal law enforcement agency.

(7) If a prospective or current staff member challenges the finding that he or she is the true subject of the results from a registry or repository check, the cabinet shall refer the individual to the agency responsible for maintaining the registry or repository.

Section 7. Termination of a Staff Member upon Receipt of Notice of a Disqualifying Background Check Result.

(1) If a prospective or current staff member has not requested an informal review or a rehabilitative review in accordance with Section 8 of this administrative regulation, the child-caring or child-placing provider shall:

(a) Terminate the staff member no later than ten (10) calendar days after receipt of notice of the cabinet's determination, including the disqualifying background check result; and

(b) Use the NBCP to provide electronic notification to the cabinet affirming the staff member's dismissal within three (3) business days of termination.

(2)

(a) If a prospective or current staff member requests an informal review or a rehabilitative review in accordance with Section 8 of this administrative regulation, the child-caring or child-placing provider:

May retain the staff member pending resolution of the informal review or rehabilitative review; and
Shall ensure that the staff member:

a. Is subject to direct, onsite supervision; or

b. Does not have duties or proximity that involves one-on-one contact with a child in care.

(b) A provider shall terminate the staff member if the:

Informal review upholds the cabinet's determination of a disqualifying background check result, or the rehabilitative review committee does not grant a waiver; and
Staff member does not request an administrative hearing in accordance with Section 6(5) of this administrative regulation, in which the provider shall terminate the staff member no later than the thirty-first calendar day following written notice of the results of the informal review or rehabilitative review.

(c) If a staff member requests an administrative hearing in accordance with Section 6(5) of this administrative regulation to appeal the decision from an informal review or rehabilitative review, the provider:

May retain the staff member pending the appeal's resolution if the staff member:

a. Remains subject to direct, onsite supervision; or

b. Does not have duties or proximity that involves one-on-one contact with a child in care; and

Shall terminate the staff member no later than the thirty-first calendar day from the issuance of the final order if the staff member does not prevail.

(d) Using the NBCP, the provider shall provide electronic notification to the cabinet affirming the individual's dismissal within three (3) business days of the termination.

Section 8. Rehabilitative Review.

(1)

(a) A prospective or current staff member found to have a disqualifying background check result shall be eligible for consideration of rehabilitation under an independent review process.

(b) Consideration of a disqualifying background check result under the rehabilitative review process described in this section shall not apply to:

A disqualifying felony offense that occurred less than ten (10) years prior to the date of the criminal background check;
Any disqualifying felony or misdemeanor offense related to abuse, neglect, or exploitation of a child;
Registration as a sex offender under federal law or under the law of any state;
A sex or violent crime as defined by KRS 17.165; or
A child abuse and neglect substantiated finding that:

a. Occurred less than seven (7) years prior to the date of the registry check; or

b. Involved:

(i) Sex abuse or sex exploitation of a child;

(ii) A child fatality related to abuse or neglect; or

(iii) A near fatality of a child related to abuse or neglect.

(2)

(a) A prospective or current staff member may submit a written request for a rehabilitative review to the cabinet no later than fourteen (14) calendar days from the date of the notice of the cabinet's determination issued pursuant to Section 3(4) or 6(4) of this administrative regulation regarding a determination of a disqualifying background check result.

(b) If a prospective or current staff member requests a rehabilitative review, the staff member:

May be retained by the provider pending the rehabilitative review; and
Shall be subject to restrictions and termination in accordance with Section 7 of this administrative regulation.

(3) The request for a rehabilitative review shall include the following information:

(a) A written explanation of each disqualifying background check result, including:

A description of the events related to the disqualifying background check result;
The number of years since the occurrence of the disqualifying background check result;
The age of the individual at the time of the disqualifying background check result; and
Any other circumstances surrounding the disqualifying background check result;

(b) Official documentation showing that all fines, including court-imposed fines or restitution, have been paid or documentation showing adherence to a payment schedule, if applicable;

(d) Employment and character references, including any other evidence demonstrating the ability of the individual to perform the employment responsibilities and duties competently; and

(e) Evidence that the individual has pursued or achieved rehabilitation with regard to a disqualifying background check result.

(4) A rehabilitative review shall be conducted by a committee of three (3) employees of the cabinet, none of whom were responsible for determining that the individual has a disqualifying background check result.

(5) The committee shall consider the information required under subsection (3) of this section, and shall also consider mitigating circumstances including:

(a) The amount of time that has elapsed since the disqualifying background check result;

(b) The lack of a relationship between the disqualifying background check result and the position for which the individual has applied; and

(c) Evidence that the applicant has pursued or achieved rehabilitation with regard to the disqualifying background check result.

(6) No later than thirty (30) calendar days from receipt of the written request for the rehabilitative review, the cabinet shall send the committee's determination on the rehabilitation waiver to the prospective or current child care staff member.

(7) The decision of the committee shall be subject to appeal in accordance with Section 6(5) of this administrative regulation.

(8) A provider shall not be obligated to accept an individual who is granted a waiver pursuant to this section as a staff member.

Section 9. Status of Employment.

(1) A provider shall maintain the employment status of each staff member who has submitted to a fingerprint-based criminal background check by reporting the status using the NBCP Web-based system.

(2) The cabinet shall inspect a provider to verify conformity with this administrative regulation.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-500, Private Child-Caring or Child-Placing Staff Member Waiver Agreement and Statement", 04/2022; and

(b) "DPP-501, Disclosures to be Provided to and Signed by the Applicant Private Child-Caring or Child-Placing Staff Member", 04/2022.

History

RELATES TO: KRS 17.165, 17.500-17.580, 199.011, 199.642, Chapters 209, 506, 511, 515, 520, 525, 527, 529, 530, 336.220, 620.050-620.120, 34 U.S.C. 20921, 45 C.F.R. 98.43
STATUTORY AUTHORITY: KRS 194A.050(1), 199.640(5)(a), 199.642(8), 42 U.S.C. 671(a)(20)(D)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law, qualify for the receipt of federal funds, and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.640(5)(a) requires the secretary to promulgate administrative regulations establishing basic standards of care and service for child- caring facilities and child-placing agencies relating to the health and safety of all children in the care of the facility or agency, the basic components for a quality program, and any other factors as may be necessary to promote the welfare of children cared for or placed by the agencies and facilities. KRS 199.642(8) requires the cabinet to promulgate an administrative regulation necessary to implement child-caring or child- placing staff member background checks in accordance with 42 U.S.C. 671(a)(20)(D). This administrative regulation establishes background check requirements for child- caring and child-placing staff members, reporting requirements, and appeals.
History: 48 Ky.R. 3142; 49 Ky.R. 851, 1436; eff. 2-16-2023.

922 KAR 1:300 Standards for child-caring facilities {#sec-922-kar-1-300 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:300}

Section 1. Definitions.

(1) "Aftercare" means a service provided to a child after discharge from a child-caring facility.

(2) "Board of directors" is defined by KRS 273.161(8).

(3) "Cabinet" is defined by KRS 199.011(3).

(4) "Case" means an individual child or family being provided services by a child- caring facility social worker or counselor.

(5) "Chemical restraint" means a drug used as a restraint that is a medication used to control behavior or to restrict the patient's freedom of movement and is not a standard treatment for the patient's medical or psychiatric condition.

(6) "Child" is defined by KRS 199.011(4) and 600.020(9) and may include:

(a) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(d); or

(b) A person who meets the exceptions to the age of majority in accordance with KRS 2.015.

(7) "Child with medical complexity" means a child who is determined to have a medical condition pursuant to 922 KAR 1:350, Section 4(1)(b).

(8) "Child-caring facility" is defined by KRS 199.011(5).

(9) "Child-placing agency" is defined by KRS 199.011(6).

(10) "Child-caring program" means the method of delivering a child-caring service.

(11) "College or university" means:

(a) An institution accredited by one (1) of the regional accrediting organizations recognized by the U.S. Department of Education, Office of Postsecondary Education;

(b) For a Kentucky institution, one (1) that is licensed by the Kentucky Council on Postsecondary Education or the Kentucky Board for Proprietary Education; and

(12) "Community resource" means a service or activity available in the community that supplements those provided by the child-caring facility or child-placing agency in the care and treatment of a child.

(13) "Corporal physical discipline" means reasonable physical discipline in accordance with KRS 199.640(6).

(14) "Crisis intervention unit" means a unit that serves a child in need of short-term intensive treatment, to avoid risk of placement to a higher level of care.

(15) "De-escalation plan" means a treatment method used to decrease the intensity of emotional conflict or aggressive behavior.

(16) "Direct child-care staff" means a child-caring facility employee or volunteer providing face-to-face care and supervision of a child.

(17) "Discharge" means a planned release of a child from a child-caring facility program.

(18) "Emergency discharge" means the release of a child from a program as a result of a circumstance that presents a risk to the health or safety of a child.

(19) "Emergency shelter child-caring facility" means a child-caring facility that meets the requirements of 922 KAR 1:380.

(20) "Executive director" means the person employed by the board of directors to be responsible for the administration and management of a child-caring facility.

(21) "Group home" is defined by KRS 199.011(11).

(22) "Independent living services" means services provided to an eligible child, as described in Section 11 of this administrative regulation, to assist the child in the transition from dependency of childhood to living independently.

(23) "Individual treatment plan" or "ITP" means a plan of action developed and implemented to address the needs of a child.

(24) "Indoor living area" means an area in the child-caring facility that is separate from a hallway, bedroom, kitchen, stairway, vestibule, bathroom, closet, unfinished basement, or attic.

(25) "Institution" is defined by KRS 199.011(12).

(26) "Latched seclusion" means an instrument is used to secure a seclusion room door that does not require the use of a key or combination.

(27) "Living unit" means a building or part thereof in which a child resides, not exceeding sixteen (16) beds.

(28) "Permanence" is defined by KRS 620.020(9).

(29) "Physical management" means a technique used by a specially-trained staff member for the purpose of restricting a child's freedom of movement in order to maintain a safe environment for the child and others.

(30) "Qualified mental health professional" is defined by KRS 600.020(52).

(31) "Reasonable and prudent parenting standards" is defined by 42 U.S.C. 675(10).

(32) "Seclusion" means the temporary placement of a child in a room in a residential treatment facility to prevent harm to the child or others.

(33) "Sex crime" is defined by KRS 17.500(8).

(34) "Social services" means a planned program of assistance to help an individual move toward a mutual adjustment of the individual and his social environment.

(35) "Time-out" means a treatment intervention utilized by child-caring staff to separate a child from others in a non-secure area for a time-limited period, in order to permit the child to regain control over his behavior.

(36) "Treatment" means individualized management and care of a child, utilizing professionally credentialed and certified staff and a component of the treatment environment to assist the child in resolving his or her emotional conflict or behavioral disorder.

(37) "Treatment director" means an individual who oversees the day-to-day operation of the treatment program.

(38) "Treatment professional" means an individual with the following credentials or an individual with a master's degree in a human services field practicing under the direct supervision of an individual with the following credentials:

(a) A licensed psychiatrist;

(b) A certified or licensed clinical psychologist;

(d) A licensed marriage and family therapist;

(e) A licensed professional clinical counselor;

(f) A licensed professional art therapist;

(g) A licensed clinical alcohol and drug counselor; or

(h) A licensed behavior analyst.

(39) "Treatment team" means a representative group of people who provide services to the child and the child's family.

(40) "Unplanned discharge" means the release of a child from the child-caring facility that is not in accordance with the ITP.

Section 2. Operations and Services.

(1) This administrative regulation establishes standards for the following child-caring facilities:

(a) An emergency shelter child-caring facility, also governed by 922 KAR 1:380;

(b) An emergency shelter child-caring facility with treatment, also governed by 922 KAR 1:380, Section 3;

A group home; and
An institution; and

(d) A residential treatment program, including:

A crisis intervention unit;
A group home; and
An institution.

(2) Except for a child-caring facility maintaining a license prior to October 16, 2000, a child-caring facility shall not be located or operated on the grounds of a psychiatric hospital.

Section 3. Administration and Operation.

(1) The licensing procedure for a child-caring facility shall:

(a) Be administered as established in 922 KAR 1:305; and

(b) Based upon the services provided, meet the requirements of this administrative regulation, 922 KAR 1:290, and 922 KAR 1:380.

(2) Board of directors.

(a) The child-caring facility shall have a board of directors in accordance with KRS Chapter 271B, Subtitle 8.

(b) The board of directors shall:

Consist of at least seven (7) members;
Meet at least quarterly;
Cause minutes of each meeting to be taken and kept in written form;
Have the authority and responsibility to ensure continuing compliance with this administrative regulation and other relevant federal, state, and local law;
Have procedures in place to ensure that its staff receives ongoing training as defined in subsection (6)(o) of this section;
Obtain a background check consistent with KRS 199.642 and 922 KAR 1:290 of prior convictions of the executive director prior to employment; and
Approve a mission statement delineating:

a. The purpose;

b. Objective; and

c. Scope of service to be provided.

(3) Executive director.

(a) Duties of the executive director shall be determined by the board of directors.

(b) The executive director shall be responsible for the child-caring facility and its affiliates in accordance with the child-caring facility's written policy.

(c) If the executive director is not on the premises and not available to make decisions, a designated staff person shall be responsible for the day-to-day operation of the child-caring program.

(d) The executive director shall oversee and report to the board on a quarterly basis, providing an evaluation of program services addressing measurable goals, staff training, and incident reports.

(e) The criteria and process of the quarterly evaluation shall be approved by the board.

(4) Staff qualifications.

(a) A person employed as an executive director after the effective date of this administrative regulation shall possess the following qualifications:

A master's degree in business administration or a human services field from a college or university, supplemented by two (2) years of work experience in or management of a human services program related to working with families and children; or
A bachelor's degree in a human services field from a college or university, supplemented by four (4) years' work experience in management of a human services program related to working with families and children.

(b) A treatment director or person employed by the child-caring facility in a position responsible for supervising, evaluating, or monitoring social work and related activities shall:

Hold at least a master's degree in a human service discipline; and
Have at least five (5) years' experience in mental health treatment of children with emotional or behavioral disabilities and their families and be responsible for the:

a. Supervision;

b. Evaluation; and

c. Monitoring of the:

(i) Treatment program;

(ii) Social work; and

(iii) Other treatment staff.

(c) A residential child-caring facility providing a treatment service for more than thirty (30) children shall employ a separate treatment director other than the executive director.

(d) A residential child-caring facility providing a treatment service for thirty (30) or fewer children may utilize the executive director in a dual role as treatment director, if at least fifty (50) percent of his duties are spent supervising the treatment program. If an employee serves as both executive director and treatment director, the higher staff qualification requirements shall apply.

(e) An employee responsible for social work, counseling, or planning and coordinating these services for a child shall have at least a bachelor's degree in a human services field from a college or university.

(f) A person employed in a position responsible for supervising, evaluating, or monitoring the daily work of direct child-care staff shall possess at least:

Two (2) years of education from a college or university and two (2) years of work experience in a child-caring facility; or
A high school diploma, or an equivalence certificate, and at least five (5) years of work experience in a child-caring facility.

(g) A person employed in a position responsible for the daily direct care or supervision of a child shall possess at least a high school diploma or equivalency certificate.

(h) If an employee is responsible for varied job responsibilities and falls within more than one (1) of the categories specified, the employee shall meet the more rigorous qualifications.

(i) A child-caring facility contracting for the services of a social worker or treatment director not on the staff of the child-caring facility shall document that the social worker or treatment director meets the qualifications established in paragraphs (b) and (e) of this subsection. An agreement for provision of service shall be on file at the child-caring facility, and shall specify the qualifications of the social worker or social services professional.

(5) Staffing requirements.

(a) The child-caring facility shall have:

A written policy describing a child-to-direct-child-care-staff ratio that is consistent with the staff-to-child ratios required in paragraph (b) of this subsection; and
An explanation of the assignment of staff in order to:

a. Ensure the health and safety of a child; and

b. Implement the child-caring program.

(b) Staff-to-child ratios for each type of facility shall be as follows:

An emergency shelter child-caring facility: one (1) staff member to ten (10) children at all times.
An emergency shelter child-caring facility with treatment: one (1) staff member to six (6) children at all times.
A residential child-caring facility:

a. One (1) staff member to ten (10) children age six (6) and over; and

b. One (1) staff member to five (5) children under age six (6).

A residential child-caring facility with treatment:

a. One (1) staff member to six (6) children; and

b. One (1) staff member to twelve (12) children during sleeping hours.

A crisis intervention unit:

a. One (1) staff member to four (4) children; and

b. One (1) staff member to six (6) children during sleeping hours.

A group home:

a. One (1) staff member to four (4) children; and

b. One (1) staff member to accompany a child while away from the home.

An institution: one (1) staff member to ten (10) children.

(d) At least one (1) staff member certified in first aid and cardiopulmonary resuscitation shall be on the premises, if a child is present.

(e) The child-caring facility shall have a written work schedule and a policy that provides for utilization of relief staff.

(f) The child-caring facility shall employ an individual who is responsible for the overall planning and coordinating of social services for a family and child.

(g) Social services staff shall not carry a caseload of more than fifteen (15) children and their families.

(6) Personnel policy.

(a) A child-caring facility shall have and comply with a written personnel policy and procedure.

(b) An employee of the child-caring facility shall be at least eighteen (18) years of age and, effective July 1, 2022, newly-hired direct care staff shall be at least twenty-one (21) years of age unless the agency has an agreement with a college or university to employ students.

(c) The employment of an individual shall be governed by KRS 199.642 and 922 KAR 1:290, with regard to a background check.

(d) A new background check shall be completed at least every ten (10) years pursuant to 922 KAR 1:290 on each staff member, as defined by KRS 199.642(1).

(e) Each licensee shall report to the cabinet and each child-caring facility employee or volunteer shall report to the licensee or facility's director, an incident that occurs subsequent to the most recent background check, if the employee or volunteer:

Is the subject of a cabinet child abuse or neglect investigation;
Has been found by the cabinet or a court to have abused or neglected a child; or
Has been indicted for or charged with a violent or sex crime as defined in KRS 17.165.

(f) Determination by the cabinet of risk of potential harm by an employee to a child in a child-caring facility shall result in:

Investigation of the employee for evidence of child abuse or neglect; and
The removal of the employee from direct contact with all children:

a. For the duration of the investigation or until documentation has been signed by the Division of Protection and Permanency director or designee and provided to the agency that states the employee may resume regular duties; and

b. If substantiated and appealed, pending completion of the administrative appeal process in accordance with 922 KAR 1:320.

(g) A current personnel record shall be maintained for each employee that includes the following:

Name, address, Social Security number, date of employment, and date of birth;
Evidence of a current registration, certification, licensure, and college credentials, if required by the position;
Record of ongoing participation in an agency staff development program as specified in paragraphs (n) and (o) of this subsection;
Record of performance evaluation;
Background check as required by paragraph (c) of this subsection;
Personnel action; and
Application for employment, resume, or contract.

(h) A child-caring facility shall retain an employee personnel record for at least five (5) years after termination of employment.

(i) An employee shall document compliance with a requirement for meeting state or national professional standards, as set forth in the job description.

(j) The child-caring facility shall have a record of participation and successful completion of an ongoing staff and volunteer development program.

(k) The staff development program shall be under the supervision of a designated staff member; and

(l) Full-time direct child care staff shall have at least forty (40) hours, and part-time direct child care staff shall have at least twenty-four (24) hours, of training specific to the tasks to be performed and of annual training in the following:

Emergency and safety procedure;
Principle and practice of child residential care;
Behavior management, including de-escalation training;
Physical management for a child-caring facility using the technique;
First aid;
Personnel orientation; and
Trauma-informed care.

(m) A volunteer who functions as a professional or direct staff member without compensation shall meet the same general requirements and qualifications.

(n) A child-caring facility using physical management shall:

Develop and maintain clearly-written policy and procedure governing the use of physical management of a child, including a requirement for a de-escalation plan, in accordance with Section 8(3) of this administrative regulation; and
Require a staff member who conducts physical management to complete at least sixteen (16) hours of annual training in approved methods of de-escalation and physical management from a nationally-recognized accreditation organization approved by the cabinet, as part of the annual training required by paragraph (l) of this subsection, to include:

a. Assessing physical and mental status, including signs of physical distress;

b. Assessing nutritional and hydration needs;

c. Assessing readiness to discontinue use of the intervention; and

d. Recognizing when medical or other emergency personnel are needed.

(o) The program director shall review and analyze instances of physical management in order to:

Assure compliance with Section 5(2)(f) through (h) of this administrative regulation and the child-caring facility policy;
Provide documentation of a plan of action to prevent injury to a child or staff as a result of the use of physical management; and
Review each incident no later than one (1) working day after its use.

(p) A child-caring facility shall develop and maintain clearly written policies and procedures governing professional boundaries for an employee or volunteer working with children.

(q) A child-caring facility shall develop and maintain clearly written policies and procedures governing smoking prohibitions, in accordance with 20 U.S.C. 7183 and 922 KAR 2:120, Section 3(10).

(7) Interstate placement.

(a) Before accepting a child from another state or placing a child in another state, the child-caring facility shall be in compliance with:

Applicable provisions of the Interstate Compact on Placement of Children, KRS 615.030 or 615.040; and
The Interstate Compact for Juveniles, KRS 615.010.

(b) If a child committed to the cabinet makes a brief visit out of state for age- or developmentally-appropriate activities, not accompanied by child-caring facility personnel, the child-caring facility shall employ reasonable and prudent parenting standards for careful and sensible parental decisions that maintain the health, safety, and best interests of the child prior to determining whether to allow the child to participate in extracurricular, enrichment, cultural, and social activities.

(c) If an emergency placement of a child into a licensed child-caring facility is made, the placement source shall be responsible for compliance with KRS 615.030 to 615.040. If the receiving child-caring facility is aware of noncompliance by the placement source, the child-care facility shall notify the cabinet's interstate compact coordinator.

(8) Record retention. A child-caring facility shall:

(a) Retain all records, books, and reports related to financial conditions and status for auditing purposes for a minimum of five (5) years; and

(b) Make available all books, records, and financial information for review, inspection, auditing, and photocopying by the cabinet or cabinet designee, authorized federal and state agency reviewers and auditors.

(9) A residential child-caring facility shall become accredited by a nationally recognized accreditation organization within two (2) years of initial licensure.

Section 4. Physical Plant.

(1) A child-caring facility shall comply with applicable state and local law relating to:

(a) Construction;

(b) Sanitation; and

(2) The child-caring facility shall conform to the Kentucky Standards of Safety in accordance with 815 KAR 10:060.

(3) A climate control system shall be provided as follows:

(a) A minimum temperature of sixty-five (65) degrees Fahrenheit maintained in occupied areas in cold weather conditions;

(b) In warm weather conditions and periods of extreme heat, an occupied area shall be properly ventilated;and

(c) If not air-conditioned and the temperature in an occupied area exceeds eighty-five (85) degrees Fahrenheit, the child-caring facility director shall assure that the following occurs:

A fan is utilized to circulate air;
The child-caring facility is properly ventilated to outside air;
Ice water is readily available and served to residents; and
Staff frequently monitor residents for a sign or symptom of a heat-related illness.

(4) The water supply shall be from an approved source and easily available from the following:

(a) Drinking fountain;

(b) Refrigerator; or

(5) The plumbing and waste disposal systems shall comply with applicable provisions of the Uniform State Building Code, KRS 198B.050, and with laws regarding on-site sewage disposal, KRS 211.350 to 211.380, if applicable.

(6) Housekeeping and maintenance service.

(a) The building and its content shall be maintained in a clean and safe condition and in good repair.

(b) A maintenance plan shall be implemented.

(c) The child-caring facility shall ensure that the grounds and outdoor equipment are well kept and the exterior of the building is in good repair.

(d) The interior of the building and its contents shall be in good repair.

(e) Garbage and trash shall be:

Stored in an area separate from those used for the preparation and storage of food;
Removed from the premises regularly; and
Placed in a container that is cleaned regularly.

(f) Insecticides, pesticides, and chemical poisons shall be plainly labeled and stored in a secure, locked area. Access shall be given to:

The facility's maintenance personnel; and
A pest control company with which the facility has a contract.

(7) Bedroom.

(a) A bedroom shall be:

Of adequate size to permit at least three (3) linear feet between each bed or set of bunk beds; and
Constructed to allow no more than four (4) residents per room.

(b) A bedroom for a child above age three (3) shall be equipped with an individual bed for each child that shall be:

Long and wide enough to accommodate the child's size;
Developmentally appropriate for the child; and
Equipped with a support mechanism and a clean mattress.

Proximity to a radiator or heat outlet; or
Exposure to drafts.

(d) Siblings may share sleeping quarters, including siblings over the age of five (5) if indicated in an ITP.

(e) Storage space shall be provided for each child to accommodate his or her personal belongings in a:

Closet and drawers; or
Closet for the child's exclusive use and shelves within the closet.

(f) A child shall not be housed in a room, detached building, or enclosure that has not previously been inspected and approved for resident use.

(g) A child shall be provided with clean bed linens, laundered at least once a week, and a waterproof mattress covering.

(h) An exception to this subsection shall be documented with clear safety reasons for the exception and there shall be a written safety plan in place for the duration.

(8) Indoor living area. An indoor living area shall have:

(a) At least thirty-five (35) square feet per child; and

(b) Comfortable furnishings adequate for the number of children served.

(9) Bathroom.

(a) For every six (6) children residing in the living unit, a living unit shall have a minimum of:

One (1) wash basin with hot and cold water;
One (1) flush toilet; and
One (1) bath or shower with hot and cold water.

(b) A child shall be provided with access to:

Toilet paper;
Towels;
Soap; and
A wastebasket.

(c) Each bathtub and shower shall have an enclosure or screen for individual privacy. If more than one (1) toilet is located in the same bathroom, each toilet shall:

Be partitioned; and
Include a door capable of remaining closed.

(d) A bathroom shall contain at least one (1) nondistorting mirror secured to the wall at a convenient height.

(10) The use of cameras to monitor youth bedrooms and bathrooms is prohibited except with the written consent of the director of the Division of Protection and Permanency or designee. A request for exception to this subsection shall include the reason for the request that relates to an immediate safety issue for the youth.

Section 5. Health, Safety, and Nutritional Requirements.

(1) Health.

(a) A child-caring facility shall have written policy and procedure for health and medical care, to include provisions for:

The care and disposition of an ill child; and
Emergency care.

(b) The service of a physician, or other licensed qualified health professional, shall be made available to a child. If the service of a licensed physician or other professional is not available in the community, the child-caring facility shall request the assistance of the:

County health department; or
The Department for Public Health.

Medicine;
Prescription; and
Medical care.

(d) Except for a weekend or holiday, within forty-eight (48) hours of admission to a child-caring facility, a child shall have:

An initial health screening for illness, injury, and communicable disease or other immediate needs, by a nurse or trained child-care staff;
After the initial health screening, a physical examination by a licensed physician or a qualified person under the supervision of a licensed physician, within two (2) weeks of admission, unless it has been documented that the child has received an examination during the past twelve (12) months; and
The examining professional shall report, in writing, observations and findings including:

a. Developmental history of the child, illnesses, operations, and immunizations if available to the professional;

b. A limitation the child may have that may prevent participation in an activity scheduled by the child-caring facility;

c. Visual and auditory examination results;

d. Recommendation and order for future care, treatment, and examinations;

e. TB skin test results, unless contraindicated by a qualified person under the supervision of a licensed physician; and

f. Other tests for communicable disease as indicated by the medical and social history of the child.

(e) An annual physical examination shall be scheduled and documented as required by paragraph (d)3. of this subsection.

(f) Upon admission, the child-caring facility shall consult with a physician, or other licensed qualified health professional, if there is evidence that the child may require medical attention.

(g) The child-caring facility shall develop a procedure for a child requiring a specific provision for an infectious medical condition.

(h) A separate health record shall be maintained for each child, kept on the premises, and be made available to a:

Physician;
Nurse; or
Designated staff member.

(i) The health record shall contain the following:

Copy of each physical examination, including any recommendations for treatment;
Previous and continuing health and medical history, if available;
Record or report of each test, immunization, periodic reexamination, and physician order and instruction;
Report and date of each dental examination and treatment;
Authorization for regular and emergency medical, dental, and surgical care, signed at admission by the legal custodian;
Documentation of medication administered to the child; and
Documentation of a special provision made for the child in accordance with a physician's order.

(j) A child's medical need shall be provided for as recommended by a licensed physician or other licensed qualified health professional.

(k) The facility shall keep an immunization certificate on file for each child, in accordance with KRS 214.034(5).

(l) If a child dies while in the care of a child-caring facility or in a home operated or supervised by the child-caring facility:

The child-caring facility shall immediately notify the:

a. County coroner;

b. Child's parent;

c. Guardian or custodian; and

d. Cabinet staff;

A verbal report of the death shall be made immediately to the Commissioner of the Department for Community Based Services;
A written comprehensive report from the executive director outlining the incident shall be forwarded to the Office of the Commissioner, Department for Community Based Services, on the next working day following the verbal report; and
If a child's death occurred as a result of alleged abuse or neglect, the executive director of the child-caring facility shall make verbal and written reports as required by KRS 620.030(1) and (2).

(m) Upon discharge, medical information shall follow the child if a release form has been obtained.

(n) Unless a dental examination has been performed in the six (6) months preceding admission, the child-caring facility shall document within one (1) week after a child's admission a scheduled dental examination within thirty (30) days or the reason the dental examination was not obtained within the timeframe. The facility shall ensure the treatment of emergency dental needs by a licensed dentist as they arise.

(o) A child age two (2) years and above shall be examined at least annually by a licensed dentist.

(p) The child-caring facility shall:

Document the information required by this subsection; and
Assure the confidentiality of the information.

(q) The child-caring facility shall maintain a continuous program of personal hygiene.

(r) Medication shall be stored in a manner that is inaccessible to a child.

(s) A child-caring facility that accepts placement of a child with medical complexity shall:

Consult with the cabinet medically complex liaison about the child prior to accepting the placement;
Obtain written documentation from a licensed health care provider stating that the direct care staff has received training on meeting the specific needs of the child prior to placement;
Submit to the cabinet medically complex liaison written documentation containing the plan to meet the child's specific medical needs based on the licensed health care provider's plan of care and the training required by subparagraph 2. of this paragraph prior to placement;
Ensure that the facility is located within one (1) hour of a medical hospital with an emergency room and within thirty (30) minutes of a local medical facility; and
Require designated staff to have attended the cabinet training on children with medical complexity.

(2) Safety.

(a) A child shall be instructed in fire prevention, safety, and fire emergency procedures.

The child-caring facility shall maintain and post a current, written emergency fire evacuation plan and diagram to include:

a. An evacuation route and procedure; and

b. The location of fire extinguishers.

Emergency drills shall be performed quarterly and documented for each of the following emergency events.

a. Fire;

b. Tornado or severe thunderstorm warning; and

c. Flash flood, if applicable.

An emergency plan shall designate a suitable shelter in the event of an emergency.

(b) A child-caring facility with a swimming pool shall be staffed with a certified lifeguard in accordance with 902 KAR 10:120, Section 13.

(d) Transportation.

If transportation is provided directly, contracted for, or arranged, a child-caring facility shall require:

a. Compliance with state laws pertaining to vehicles, drivers, and insurance;

b. A seat for each child and that the child remain seated while the vehicle is in motion;

c. A seat belt be used to secure the child;

d. A vehicle used to transport a child off campus to provide a seat for each passenger as manufactured standard equipment;

e. That a child never be left unattended in a vehicle; and

f. Compliance with KRS 605.080(3) pertaining to court-ordered transportation.

The maximum number of children a driver shall supervise alone is four (4).
A child under the age of eight (8) who is less than fifty-seven (57) inches tall shall not be transported unless restrained in a safety seat that meets the requirements established in KRS 189.125(3).
A vehicle shall not pick up and deliver a child under the age of six (6) to a location that requires the child to cross a street or highway unless the child is accompanied by an adult.
If transportation is provided by a means other than licensed public transportation:

a. The vehicle shall be maintained in a safe mechanical and operable condition;

b. A thorough inspection of the vehicle shall be made and documented by a qualified mechanic at least annually; and

c. If the driver is not in his seat, the motor shall be turned off, keys removed, and brake set.

(e) A child with a history of aggressive behavior or sexual acting-out shall be assessed by the treatment team to ensure the safety of the child and other children in the facility, including sleeping arrangements, with the appropriate safety measures included in the child's ITP.

(f) If a child-caring facility accepts for placement a child who has been committed to the Department of Juvenile Justice for the commission of a sex crime, the child-caring facility shall have written policies and procedures for the segregation of the child from a child committed to the cabinet in accordance with KRS 605.090(1), 620.090(2), and 620.230(3).

Segregation shall include sight and sound separation of a child committed to the Department of Juvenile Justice from a child committed to the cabinet for the following functions within the facility or activities supervised by the facility:

a. Sleeping;

b. Personal hygiene; and

c. Toiletry.

During other functions within the facility or activities supervised by the facility, segregation shall include separation of a child committed to the Department of Juvenile Justice from a child committed to the cabinet to prohibit any physical contact and verbal communication between the children.

(g) Physical management shall be used in an emergency or a crisis situation only:

After attempts to de-escalate the situation have been made;
By trained staff; and
To prevent:

a. A child from injury to self or others; or

b. Serious property damage.

(h) Physical management shall not be used for:

Punishment;
Discipline;
The convenience of staff;
Forced compliance;
Retaliation; or
A substitute for appropriate behavioral support.

(i) Physical management shall be discontinued if a child displays adverse side effects including:

Illness;
Severe emotional or physical stress; or
Physical damage.

(3) Nutritional requirements.

(a) A child shall be served meals that:

Meet the nutritional guidelines of the U.S. Department of Agriculture that include foods from the five (5) basic food groups; and
Satisfy the quantity required to meet the needs of each child as to age, activity, and prescribed diet or ITP.

(b) A child shall be encouraged to eat the food served, but shall not be subjected to coercion.

(d) A menu shall be planned at least one (1) week in advance, dated, posted, and kept on file for one (1) year.

(e) With the exception of a child receiving a meal at school, three (3) meals a day shall be provided at regular intervals and, except for weekends and holidays, no more than fourteen (14) hours shall lapse between the evening meal and morning meal.

A nourishing snack shall be provided and:

a. May be part of the daily food needs;

b. Shall not replace a regular meal; and

c. Shall be recorded on the menu.

A meal shall be scheduled at set times each day so that at least one (1) hot meal a day is not hurried, allowing time for conversation.
Food, or withholding of food, shall not be used as a punishment.
Only pasteurized milk and milk products, and U.S. government inspected meat shall be served to a child.
Food shall be prepared to preserve nutritive value and heighten flavor and appearance.
The same food shall be served to children under care and to staff members, unless a food is not suitable for a person because of:

a. The person's age;

b. A dietary restriction; or

c. A religious preference.

(f) Table service shall be provided for a child capable of eating at a table.

Tables and chairs shall be:

a. Of a height that corresponds to the size of the child served; and

b. Constructed of material that can be easily sanitized.

A child who has not had an opportunity to learn how to handle food with the usual table service shall be managed in a way that he shall not be embarrassed or subjected to ridicule.

(g) A written report of a food inspection by municipal, county, or federal authorities shall:

Be kept on file at the child-caring facility; and
Meet local, state, and federal regulations.

(h) If a child-caring facility subcontracts a food service, applicable federal and state administrative regulations shall apply.

Section 6. General Requirements.

(1) An incident of suspected child abuse or neglect, human trafficking, or female genital mutilation shall be reported as required by KRS 620.030.

(2)

(a) The facility shall, with regard to suspected child abuse or neglect by an employee:

Document each incident;
Keep each incident document on file; and
Make the files accessible to the cabinet.

(b) A child shall not be exploited for promotional purposes, or in a manner that shall cause the child or family to suffer discomfort or embarrassment.

(c) Except as indicated in paragraph (d) of this subsection, a child shall not be used personally for a fund-raising purpose for the child-caring facility.

(d) If a picture, slide, recording, or other private, personal effect of a child is used in fund-raising or promotional effort of a child-caring facility, written permission shall be obtained from:

A parent or guardian; or
An authorized:

a. Representative of the cabinet;

b. Representative of the Department of Juvenile Justice; or

c. Legal representative.

(3) For an activity conducted away from a child-caring facility, the facility shall:

(a) Safeguard the health and safety of the children during the activity;

(b) Have a written policy and procedures governing the activity;

(d) Provide transportation in a manner that complies with Section 5(2)(d) of this administrative regulation.

(4) Clothing and personal possessions.

(a) Through agreement with the child's legal custodian, the child-caring facility shall provide a child with clothing and footwear that is clean, well-fitting, and seasonal.

(b) A child shall be provided individual articles of personal hygiene.

(c) The child-caring facility shall allow a child to have personal belongings and property consistent with this administrative regulation and child-caring facility policy.

(5) A child's money.

(a) The child-caring facility shall have written policy and procedure relating to money belonging to a child.

(b) A child shall have access to information regarding the balance of the child's fund.

(6) Visitation and communication shall include:

(a) Written policy on visitation and communication;

(b) An arrangement for visitation that is not in conflict with the ITP;

(d) Access to a telephone to make and receive a telephone call consistent with the child's ITP, current court orders, and the facility's child-caring policy;

(e) Allowing a child to contact cabinet staff by telephone within twenty-four (24) hours of the request of the child.

(7) Religion, culture, and ethnic origin.

(a) Facility policy shall demonstrate consideration for and sensitivity to:

The racial, cultural, ethnic, and religious background of a child in care; and
Availability of activities appropriate to the child's cultural or ethnic origin.

(b) With the exception of a religious practice that is destructive towards property or places a child or others in physical danger, an opportunity shall be provided for a child to:

Practice the religious belief and faith of the child's individual or family preference; and
Participate in a religious activity without coercion.

(8) Education.

(a) If a child-caring facility operates its own school program, it shall have written policy and procedure regarding the development and implementation of the educational program. The policy and procedure shall include:

School attendance;
Teaching staff;
School records;
Educational supplies and equipment;
Individual educational plans; and
Use of a community school.

(b) A child-caring facility shall ensure that a child attends an accredited educational program the number of days required by law.

(d) A school-age child ineligible or unable to attend an accredited school shall have an educational program specific to the individualized need of the child that may include a General Education Diploma or vocational training.

(e) If a child-care facility operates an educational program, maintenance of school records shall comply with state law and administrative regulations of the educational body having jurisdiction.

(f) The child-caring facility shall provide a quiet area and designated time for study.

(9) Work and chore assignment.

(a) An assigned chore or work assignment shall not place the child in physical danger.

(b) A chore assignment shall be posted within the child's living quarters.

(c) A child may be given a job in compliance with child labor laws for which he or she receives payment that shall be clearly differentiated from a chore expected of him to be completed in relation to the routine of daily living.

(d) A work assignment outside of a daily routine chore at the child-caring facility shall not be used as a form of punishment. An additional chore assignment beyond what is regularly assigned to a child may be:

Performed as restitution for intentional property damage made by the child; or
Given to a child for violation of a child-caring facility rule upon mutual agreement between the child and supervisory child-caring staff without the child being coerced to enter into an agreement.

(e) A child shall be given a rest period of at least ten (10) minutes during each hour worked.

(f) Use of a child to perform a chore or work assignment shall not negate the child-caring facility's ultimate responsibility for the maintenance of the child-caring facility nor the employment of staff sufficient to maintain the child-caring facility.

(10) Discipline.

(a) A child-caring facility shall have written policy and procedure governing disciplinary action.

(b) Discipline shall be:

Utilized as an educational tool and be related to the child's actions initiating the disciplinary process; and
Consistent with the child's ITP and in response to the child's lack of control or misbehavior.

(d) The following practices shall not be allowed:

Cursing;
Screaming;
Name calling;
Threatening of physical harm;
Intimidation;
Humiliation;
Denial of food or sleep;
Corporal physical discipline, except in accordance with KRS 199.640(6);
Hitting;
Unnecessarily rough handling;
Other physical punishment; or
Denial of visitation with family or custody holder as punishment.

(e) With the exception of a parent disciplining a child, a child shall not directly discipline another child.

(f) Handcuffs, weapons, mechanical restraints, chemical restraints, or other restraint devices shall not be used.

(g) A child placed in a time-out area shall be:

In sight or hearing of staff; and
Checked by staff at least every five (5) minutes until it is determined the child is ready to continue normal activity.

Section 7. Child-caring Program Services.

(1) Admissions and intake.

(a) The child-caring facility shall have clearly defined written policy and procedure for an admission that identifies the age, sex, and detailed description of the type of child served.

(b) Acceptance of a referral shall be based on the assessment that the child's need is one that:

The service of the child-caring facility is designed to address; and
Cannot be met in a less restrictive setting.

(c) The child-caring facility shall not accept into care a child for whom a service cannot be provided based on the child-caring program's mission statement and its available resources.

(d) The child-caring facility shall have a written placement agreement with the child's custodian.

(e) The child-caring facility shall conduct a:

Preadmission interview with the child; or
Screening of the child's available information, if a preadmission interview is not possible due to an emergency placement.

(f) The following information regarding the child shall be obtained by the child-caring facility from the child's custodian during intake, or it shall be documented that the information was requested and not available:

Commitment order or signed voluntary admission form;
Verification of birth;
Immunization record; and
Social history and needs assessment that includes medical, educational, developmental, and family history.

(g) A written consent pertaining to the child's care shall be obtained from the child's custodian for:

Photograph, video, and audio tape;
Emergency and routine medical care; and
Release of case record information.

(h) Before admission, the child and custodian shall be informed in writing of their rights and the child-caring facility's responsibilities, including policy pertaining to services offered to the child.

(i) A child shall be informed upon admission of the right to file a grievance.

(j) Upon admission, the child shall be oriented to life at the child-caring facility, including rules and consequences for violation of the rules.

(2) Casework planning.

(a) The child-caring facility shall have written policy and procedure for the ITP process including:

Assessment;
Assignment;
Designation of a case coordinator; and
Development, implementation, and evaluation of the ITP and family involvement.

(b) An initial assessment shall be completed by designated staff within twenty-four (24) hours of admission to include:

Identifying information;
Presenting problem;
History (developmental, social, emotional health, education); and
Current level of functioning including strengths and weakness.

(3) Comprehensive assessment and treatment plan.

(a) A comprehensive emotional and behavioral assessment of a child shall be completed by the treatment team and entered in the case record within twenty-one (21) days of admission, including the following:

A history of previous emotional, behavioral, and substance abuse problems and treatment;
The child's current emotional, behavioral, and developmental functioning, including strengths and weakness;
A psychiatric or psychological evaluation if recommended by the treatment team;
Other functional evaluation of language, self-care, social effectiveness, and visual-motor functioning, if recommended by the treatment team;
Social assessment that includes:

a. Environment and home;

b. Religion;

c. Ethnic group;

d. Developmental history;

e. Family dynamics and composition; and

f. Education; and

Recommendation for provision of treatment.

(b) A coordinated treatment team approach shall be utilized in the development, implementation, and evaluation of a comprehensive ITP.

(c) A comprehensive ITP shall be developed and implemented, in accordance with KRS 199.640(5)(a)4, to improve child functioning based upon the individual need of the child, and the child's family if appropriate, and shall include at least the following components:

Goals and objectives for permanence;
Time frame projected for completion of each goal and objective;
Method for accomplishing each goal and objective, including utilization of community providers;
Person responsible for completion of each goal and objective; and
Projected discharge date and placement plan.

(d) The comprehensive ITP shall be developed within twenty-one (21) days of admission.

A treatment team review of the child's and family's progress toward meeting each treatment goal shall occur at least monthly.
Every effort shall be made to involve the child and his family in the monthly treatment team review.
Treatment team evaluation of the comprehensive ITP shall occur at least quarterly.
An additional assessment shall be completed upon the recommendation of the treatment team.
Evaluation and assessment information shall be documented and maintained in the child's record.

(e) The child shall be offered the opportunity to sign an ITP and ITP review, signifying understanding of the ITP.

If the child refuses to sign or is developmentally unable to understand the circumstance, this shall be documented in the record.
The child and his family or custodian shall receive a copy of the ITP.

(4) Treatment environment. The daily child-caring program shall be planned in the following manner in order to create an atmosphere conducive to treatment:

(a) The child-caring facility shall have written policy and procedure describing its daily routine, rules, activity, and child and staff interaction.

(b) The daily child-caring program shall be:

Planned to provide a framework for daily living; and
Reviewed and revised as the needs of the individual child or living group change.

(d) Each rule shall be clearly stated in language that a child can understand.

(e) Staff shall interact with a child in a warm, supportive, constructive, and confidential manner and shall treat the child with respect.

(f) Counseling and interviewing a child and the child's family shall be conducted in a private area.

(g) A daily recreational activity shall be available to promote mastery of:

Developmental tasks;
Development of relationships; and
Increase in self-esteem, in accordance with the child's ITP.

(h) The child-caring facility shall provide recreational equipment, maintained in usable and safe condition, to implement the recreational program.

(5) The child-caring facility shall make available a quality program for substance abuse prevention and treatment in compliance with KRS 199.640(5)(a)7.

(6) Discharge and aftercare.

(a) The child-caring facility shall have written policy and procedure that describe the condition under which a child may be discharged, including criteria for an unplanned or emergency discharge and a discharge inconsistent with the ITP.

(b) The approval of the program director shall be required for an unplanned or emergency discharge.

(c) Discharge planning shall begin with the development of the ITP and shall continue throughout subsequent ITP reviews. The treatment team shall consider the following matters related to discharge planning:

Identification of placement;
Community resources to provide support for youth; and
Family services.

(d) When a child is leaving a facility as a planned discharge, a predischarge conference shall be held to ensure that the child and family are prepared for successful transition into placement. The parent, guardian or custodian, the child, and the treatment team shall attend this conference.

(e) The child shall have at least one (1) preplacement visit prior to the planned discharge, or the facility shall document unsuccessful efforts to arrange a visit.

(f) The child-caring facility shall prepare a written discharge summary within fourteen (14) days following the date of discharge. A copy shall be provided to the custody holder. The summary shall include:

Information related to progress toward completion of each ITP goal;
Each barrier to treatment;
Each treatment method used in working with the child;
Date of discharge;
Reason for discharge; and
Name, telephone number, and address of person or child-caring facility to whom the child was discharged.

(g) An aftercare service shall be provided to a child where no other agency has responsibility for the child's transition or adjustment to a new environment. Upon discharge, the following needs of the child shall be assessed and a referral made for needed aftercare service:

Educational;
Medical;
Vocational;
Psychological;
Legal; and
Social.

(7) Case record. The child-caring facility shall:

(a) Maintain, in a confidential and secure manner, a current case record on each child, including:

Identifying information on the child to include:

a. Name, ethnic origin, and gender;

b. Date of birth and Social Security number;

c. Former residence;

d. Name, address, and occupation of each parent, if available;

e. Date of admission; and

f. Type of commitment;

Commitment order or custodian's consent form for admission;
Birth and immunization certificates;
Education;
Medical and dental records that may be maintained separately from the case record;
Assessment data or social history;
ITP and each review;
Each incident report, with a paper or electronic copy maintained in a centralized location within the licensed facility;
Chronological recording;
Correspondence with court, family, and custody holder;
Discharge summary; and
Written consent;

(b) Document, at least weekly, progress made by the child and his family toward meeting the treatment goal;

(d) Have a written policy regarding maintenance, security, and disposal of a case record maintained by, or in possession of, the child-caring facility;

(e) Not disclose information concerning a child or his family to a person not directly involved in the case, without the written consent of the custodian of the child;

(f) Forward, within twenty-four (24) hours, a request made by an individual or an agency to review the case record of a committed child, to the:

Commissioner, Department for Community Based Services, if the child is committed to the cabinet; or
Other legal custodian, if the child is not committed to the cabinet;

(g) With the exception of a sealed adoptive record, release identifying or personal information including a Social Security card, birth certificate, or driver's license to the child at discharge;

(h) After the discharge of a child:

Maintain the case record at the child-caring facility for at least three (3) years; and
After three (3) years, the child-caring facility may archive the case record; or
Maintain the case record permanently at the child-caring facility; and

(i) If the child-caring facility ceases to operate, transfer the case record to the cabinet.

(8) The cabinet shall maintain a file on each record transferred to one (1) of its record centers. The file shall include the following information:

(a) The child's name, case number, date of birth; and

(b) Date the case record was sent to the cabinet.

(9) All records maintained by the child-caring facility shall be made available to the cabinet or designee upon request.

Section 8. Residential Treatment Program. The requirements of this section shall apply to a residential child-caring facility that provides intensive treatment services.

(1) Professional treatment services.

(a) The facility shall secure needed services for a child who has an assessed need for a psychological, psychiatric, or other professional treatment service not provided by the residential child-caring facility.

(b) The admission decision shall be the responsibility of a treatment team comprised of clinical, social service, and other disciplines designated by the residential child-caring facility's treatment director.

(c)

After assessment and development of the ITP in accordance with Section 7 of this administrative regulation, the treatment team shall identify services to meet the needs of the child and family.
The services shall:

a. Be provided by the residential child-caring facility or arranged through contract with another qualified residential child-caring facility or child-placing agency, as established in 922 KAR 1:310, or a treatment professional; and

b. Include, as developmentally appropriate, a minimum of weekly:

(i) Individual therapy from a qualified mental health professional or other treatment professional; and

(ii) Group therapy conducted by a qualified mental health professional or other treatment professional, as determined appropriate by the treatment team and under the supervision of the treatment director.

(d) Other services identified after the assessment and development of the ITP by the treatment team may include:

Psychiatric counseling;
Specialized therapy recognized by a mental health credentialing authority; or
Family counseling.

(2) Staffing requirement.

(a) Staff-to-child ratios shall be in accordance with Section 3(5) of this administrative regulation.

(b) The treatment director shall:

Hold at least a master's degree in a human service discipline; and
Have at least five (5) years' experience in mental health treatment of children with emotional or behavioral disabilities and their families and be responsible for the:

a. Supervision;

b. Evaluation; and

c. Monitoring of the:

(i) Treatment program;

(ii) Social work; and

(iii) Other treatment staff.

(c) A residential child-caring facility providing a treatment service for more than thirty (30) children shall employ a separate treatment director other than the executive director.

(d)

A residential child-caring facility providing a treatment service for thirty (30) or fewer children may utilize the executive director in a dual role as treatment director if at least fifty (50) percent of his or her duties are spent supervising the treatment program.
If an employee serves as both executive director and treatment director, the higher staff qualification requirements shall apply.

(3) Seclusion.

(a) If seclusion is used, a residential child-caring facility shall:

Before a child is placed in seclusion, develop and maintain clearly-written policy and procedures governing the placement of a child in seclusion, including a requirement for a de-escalation plan in the child's ITP that is consistent with accreditation standards;
Provide a copy of the policy and procedures to staff members responsible for the placement of a child in seclusion;
Require a staff member who uses seclusion to complete at least sixteen (16) hours of training in approved methods of de-escalation, physical management, and the use of seclusion from a nationally-recognized organization approved by the cabinet. This training shall count toward the forty (40) hours of annual training required by Section 3 of this administrative regulation and shall include the following topics:

a. Assessing physical and mental status, including signs of physical distress;

b. Assessing nutritional and hydration needs;

c. Assessing readiness to discontinue use of the intervention; and

d. Recognizing when medical or other emergency personnel are needed;

Use seclusion only in an emergency or crisis situation when:

a. A child is in danger of harming himself or another; and

b. The effort made to de-escalate the child's behavior prior to placement was ineffective;

Prohibit the use of seclusion for:

a. Punishment;

b. Discipline;

c. Convenience of staff;

d. Forced compliance;

e. Retaliation; or

f. A substitute for appropriate behavioral support;

Provide that approval from the treatment director or treatment staff designee is obtained prior to or within fifteen (15) minutes of the placement of a child in seclusion.
Place no more than one (1) child into the same seclusion room at a time;
Remove an object that may be used for self-harm from a child before the child is placed in seclusion;
Not remove a child's clothing, except for belt and shoes, while the child is placed in seclusion;
Within a twenty-four (24) hour period of time, not allow a child to remain in latched seclusion for more than:

a. Fifteen (15) minutes if the child is age nine (9) and younger; and

b. One (1) hour, if the child is age (10) and older;

If a child's behavior is stabilized, release the child from seclusion prior to the time period specified in this section;
Discontinue seclusion if a child displays adverse side effects including:

a. Illness;

b. Severe emotional or physical stress; or

c. Physical damage to self or items in seclusion;

Provide a child in seclusion with food, water, and access to a lavatory; and
Use a room for seclusion that is:

a. Lighted, ventilated, and maintained at a temperature consistent with the rest of the child-caring facility;

b. Internally observable if the door is closed;

c. At least fifty-six (56) square feet in size; and

d. Free from an object that allows the child to do self-harm.

(b) If a child requires repeated placement in seclusion, the treatment director shall conduct a treatment team meeting to reassess the child's ITP, including referring the child to a higher level of care.

(d) Staff shall have visual contact with a child in latched seclusion at all times.

(e) Staff shall document, in the child's record, the following information regarding seclusion of a child:

An intervention to de-escalate the child's behavior prior to placement;
Date and time of placement;
Date and time of removal;
Reason for placement;
Name of each staff member involved;
Treatment director's or designee's approval;
Five (5) minute visual observation by staff of the child's placement; and
Intervention provided by treatment staff when the child leaves seclusion.

(f) Immediately upon the child's exit from seclusion, treatment staff shall provide therapeutic intervention.

(4) Incident report.

(a) Exclusive of weekends and holidays, within twenty-four (24) hours of the physical management of a child, including a child's placement in seclusion, designated treatment staff shall complete an incident report that shall:

Undergo an administrative review no later than seventy-two (72) hours after the use of physical management;
Document an assessment by the treatment director or designee that shall include consideration of the:

a. Necessity of the physical management or seclusion;

b. Congruence of the physical management or seclusion with the residential child-caring facility's policy and procedures; and

c. Need for a corrective action;

Contain documentation of written feedback provided by the treatment director or designee to all treatment staff involved in the incident; and
Be signed by the treatment director or designee and the program director or designee.

(b) The residential child-caring facility shall establish a system to track the frequency, location, and type of critical incidents involving physical management of a child that occurs, including seclusion.

Section 9. Crisis Intervention Unit.

(1) An emergency service provided in a crisis intervention unit shall include the following:

(a) A mental status evaluation and physical health questionnaire of the child upon admission;

(b) A treatment planning process;

(d) Discharge and aftercare planning processes.

(2) A program shall have a written policy concerning the operation of a crisis intervention unit.

(a) Staffing.

At least one (1) direct-care staff member shall be assigned direct-care responsibility for:

a. Four (4) children during normal waking hours; and

b. Six (6) children during normal sleeping hours.

Administrative oversight of the program shall be provided by a staff member who shall be a:

a. Treatment director; or

b. Person qualified to be executive director.

(b) A licensed psychiatrist shall be available to evaluate, provide treatment, and participate in the treatment planning.

a. Upon admission, the crisis intervention program shall provide the child and parent, guardian, or other legal representative with a clearly written and legible statement of rights and responsibilities; or

b. If unable to read the statement of rights and responsibilities, the statement shall be read to the child and parent, guardian, or other legal representative.

Written policy and procedure developed in consultation with professional and direct-care staff shall provide:

a. For behavior management of a child, including the use of time-out; and

b. An explanation of behavior management techniques to a child and parent, guardian, or other legal representative.

(3) The crisis intervention unit shall prohibit the use of:

(a) Seclusion; or

(b) Mechanical restraints.

Section 10. Group Home. The following additional requirements shall apply to a group home program:

(1) Documentation of evidence of publication of a "notice of intent" in an area newspaper, in accordance with KRS Chapter 424, advertising that:

(a) A public hearing shall be held if requested by citizens in the community or an appropriate local governmental entity; and

(b) Information obtained at the hearing shall be made available to the public and the cabinet;

(2) A staff-to-child ratio in accordance with Section 3(5) of this administrative regulation; and

(3) Documentation of the use of community resources and efforts to encourage a child to participate in community activities.

Section 11. Independent Living Services. A child-caring facility shall:

(1) Provide independent living services:

(a) To a child:

In the custody of a state agency; and
Fourteen (14) to twenty-one (21) years of age;

(b) As prescribed in the child's ITP; and

(2) Teach independent living:

(a) To a child:

In the custody of a state agency; and
Fourteen (14) to twenty-one (21) years of age; and

(b) Developed in accordance with 922 KAR 1:340, Section 3(1)(e).

History

RELATES TO: KRS 2.015, 13B.050, 17.165(6), 17.500(8), 189.125(3), 198B.050-198B.090, 199.011, 199.640, 199.642, 199.650, 199.660, 199.670, 211.350-211.380, 214.034(5), Chapter 271B Subtitle 8, 273.161(7), Chapter 424, 600.020(23), 605.080(3), 605.090(1), 610.110(6), 615.010, 615.030, 615.040, 620.020, 620.030, 620.090(2), 620.140(1), 620.230(3), 20 U.S.C. 7183, 42 U.S.C. 677(a)(1)-(6)
STATUTORY AUTHORITY: KRS 194A.050(1), 199.640(5), 199.645, 605.150, 615.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet. KRS 199.640(5) requires the cabinet to promulgate administrative regulations establishing basic standards of care and service for child-caring facilities and child-placing agencies. KRS 605.150 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605. KRS 615.050 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 615. This administrative regulation establishes basic standards of care and service for child-caring facilities.
History: 17 Ky.R. 3612; eff. 8-21-1991; 20 Ky.R. 2435; eff. 3-23-1994; 21 Ky.R. 660; 1080; eff. 9-21-1994; 25 Ky.R. 1236; 1652; eff. 1-19-1999; Recodified from 905 KAR 1:330, eff. 2-1-1999; 27 Ky.R. 1960; 3112; eff. 5-14-2001; 30 Ky.R. 1682; 2471; eff. 6-16-2004; TAm eff. 1-27-2006; TAm eff. 8-24-2010; 40 Ky.R. 1375; 2187; eff. 5-2-2014; 44 Ky.R. 425, 1068; eff. 1-5-2018; TAm eff. 3-27-2019; 46 Ky.R.1038, 2093; eff. 2-27-2020; 47 Ky.R. 460; eff. 11-19-2020; 49 Ky.R. 148, 1117, 1294; eff. 2-16-2023.

922 KAR 1:305 Licensure of child-caring facilities and child-placing agencies {#sec-922-kar-1-305 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:305}

Section 1. Definitions.

(1) "Advisory board" means a group of citizens, approved by the board of directors, who gives advice, counsel, and support to a child-caring facility or a child-placing agency.

(2) "Cabinet" is defined by KRS 199.011(3).

(3) "Child" means:

(a) A child as:

Defined by KRS 199.011(4) and 600.020(9); or
Referenced in KRS 610.110(6);

(b) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 620.140(1)(d); or

(4) "Child-caring facility" is defined by KRS 199.011(5) and 600.020(10).

(5) "Child-placing agency" is defined by KRS 199.011(6).

(6) "Division" means the Division of Regulated Child Care, Office of the Inspector General.

(7) "Licensee" means an individual, partnership, corporation or other entity authorized to operate a child-caring facility or child-placing agency, including a board of directors and a person authorized to make application.

Section 2. Initial Application.

(1) An applicant for a license shall submit to the division:

(a) A completed Application for Licensure to Operate a Child-Caring Facility or a Child-Placing Agency, Form OIG 136;

(b) A nonrefundable licensure fee in the amount of $100 in accordance with KRS 199.640(4);

(d) A mission statement of purpose, objective, scope of service provided, and intake policy specifying the type of child to be accepted for care;

(e) A copy of the constitution and bylaws;

(f) A list of officers, board members, and advisory board members, if any, including the address and profession;

(g) The name and title of each officer and the term of office;

(h) A list of staff including position or title and qualifications;

(i) Verification or approval from the Department of Housing, Buildings and Construction;

(j) Approval from the Office of the State Fire Marshal or designee; and

(k) Written documentation of an approved water and sewage system in accordance with local, county, and state laws.

(2) A license issued by the division shall be:

(a) For a specific physical location within the state;

(b) For operation by a specific licensee;

(d) Approved and documented by the State Fire Marshal before a licensure survey is conducted; and

(e) Awarded if an on-site inspection, described in Section 6 of this administrative regulation, results in:

A determination that the applicant qualifies for licensure as established in 922 KAR 1:300 or 922 KAR 1:310; or
An acceptable plan of correction as described in Section 4 of this administrative regulation, if applicable.

(3) A child-caring facility or a child-placing agency operating without a license shall be subject to legal action, pursuant to KRS 199.990.

Section 3. Renewal Licensure. Relicensure shall require the following procedures:

(1)

(a) Not less than sixty (60) days prior to the date of expiration of its license, a licensee shall submit a:

Completed Application for Licensure to Operate a Child-Caring Facility or a Child Placing Agency, Form OIG 136; and
Nonrefundable licensure fee in the amount of fifty (50) dollars in accordance with KRS 199.640(4).

(b) If a licensee has made application for renewal within the timeframe specified in paragraph (a) of this subsection, the existing license shall remain in effect until the division takes action on the renewal application.

(2) The applicant shall provide the following documentation to the annual inspector:

(a) A list of officers, board members, and advisory board members, if any, including address and profession;

(b) The name and title of each officer and term of office; and

(3) The child-caring facility or child-placing agency shall comply with its mission statement, program narrative, and applicable federal and state administrative regulations in regard to the program operation.

(4) The child-caring facility or child-placing agency shall have an annual financial audit completed by an independent accounting firm or a certified public accountant.

(5) Notification of a change in the following shall be made to the division in advance to allow for approval from the division, and the State Fire Marshal or designee when applicable, before implementation:

(a) Ownership or sponsorship;

(b) Location approval documented by the State Fire Marshal or designee;

(d) Increase in capacity approval documented by the State Fire Marshal or designee; or

(e) The addition of a new building or converting of administrative space to living space approval documented by the State Fire Marshal or designee.

(6) A renewal license shall be issued by the division if the division determines the applicant qualified for renewal licensure in accordance with 922 KAR 1:300 or 922 KAR 1:310.

(7) The child-caring facility or child-placing agency shall post its license in a place visible to the public.

(8) A license shall not be sold or transferred.

(9) Change of ownership.

(a) A prospective new owner shall submit:

A Licensing and Regulation Application for Licensure to Operate a Child-Caring Facility or a Child-Placing Agency, form OIG 136;
A fee as specified in Section 2(1)(b) of this administrative regulation; and
If the child-caring facility increases capacity, documentation of approval by the Office of the State Fire Marshal or designee.

(b) The division shall perform an on-site inspection, pursuant to KRS 199.640(3) and (5).

For a child-caring facility or a child-placing agency that meets requirements of this administrative regulation and 922 KAR 1:300 or 922 KAR 1:310, the date the child-caring facility or the child-placing agency is acquired by the new owner;
For a child-caring facility or a child-placing agency that does not meet requirements, the date that compliance with this administrative regulation and 922 KAR 1:300 or 922 KAR 1:310 is achieved; or
For a child-caring facility requesting an increase in capacity, not before the approval date issued by the State Fire Marshal or designee.

(10) Changes to the child-caring facility or the child-placing agency.

(a) A licensee shall notify the division, in writing, if there is a change to the child-caring facility or child-placing agency, as described in subsection (5) of this section.

(b) The notification shall be signed by each owner listed on the license application.

Section 4. Corrective Action Plans.

(1) The division shall perform an on-site inspection, as required by KRS 199.640(3) and (5). A regulatory violation of the standards identified in 922 KAR 1:300 or 922 KAR 1:310 during inspection shall be reported to the child-caring facility or the child-placing agency in a written statement of deficiency. An applicant or licensee may request the opportunity to informally dispute a deficiency, pursuant to KRS 199.670(4).

(2) Unless a request for the opportunity to informally dispute a deficiency has been made, the child-caring facility or child-placing agency shall submit, within ten (10) days of receipt of the statement of deficiency, a written corrective action plan for the elimination or correction of a violation. The corrective action plan shall detail:

(a) Specific action undertaken to correct a violation;

(b) The date action was initiated;

(d) Supplemental documentation requested as a part of the corrective action plan; and

(e) Signature of the licensee or designated representative of the licensee and the date of signature.

(3) The division shall review the corrective action plan and notify the child-caring facility or the child-placing agency, in writing, of the decision to:

(a) Accept the corrective action plan;

(b) Not accept the corrective action plan; or

(4) A notice of unacceptability shall state the specific reasons the plan is unacceptable.

(5) A child-caring facility or a child-placing agency notified of unacceptability of its corrective action plan shall, within ten (10) days of notification:

(a) Submit an amended corrective action plan; or

(b) Have its license revoked or denied.

(6)

(a) The cabinet shall not review or accept more than three (3) corrective action plans from a licensee in response to the same written statement of deficiency.

(b) If a licensee fails to submit an acceptable corrective action plan or does not implement corrective measures in accordance with the corrective action plan, the cabinet shall deny or revoke the license.

(7) If the cabinet proposes to deny, suspend, or revoke an application or licensure, the division shall notify the applicant or licensee, in writing, of the right to request an informal dispute resolution meeting as required by KRS 199.670(2).

(8) A license shall be issued as required by KRS 199.640(3), if the child-caring facility or the child-placing agency has met the requirements of this administrative regulation and 922 KAR 1:300 or 922 KAR 1:310.

Section 5. Fees.

(1) A licensing fee shall be charged as pursuant to KRS 199.640(4).

(2) A licensing fee shall be:

(a) Submitted with the OIG-136;

(b) Made payable to the Kentucky State Treasurer; and

Certified or cashier's check;
Money order;
A prepaid account established with the cabinet; or
Electronic fund transfer, including credit or debit card, once the function becomes available.

Section 6. Inspection.

(1) A child-caring facility or a child-placing agency shall not deny access to a human services surveyor or other representative of the cabinet, after proper identification, to make an inspection for determining compliance with the requirements of this administrative regulation and 922 KAR 1:300 or 922 KAR 1:310. Denial of access shall result in an immediate revocation of its license.

(2) A human services surveyor or other representative of the cabinet shall make an unannounced inspection of a child-caring facility or child-placing agency based on:

(a) An application for license;

(b) An application for renewal of a license;

(d) A follow-up visit to verify implementation of a plan of correction as described in Section 4 of this administrative regulation.

(3)

(a) An unannounced inspection of a child-caring facility or a child-placing agency:

Shall be made during any time services are provided by the facility or agency;
May include the search and seizure, if necessary, of any records or paperwork. A photocopy of any record or paperwork by the surveyor is the preferred method of obtaining a copy; and
Shall be limited to ensure compliance with the standards set forth in:

a. KRS 199.640(5);

b. This administrative regulation; and

c. 922 KAR 1:300 or 922 KAR 1:310.

(b) The inspection of a licensed child-caring facility or a child-placing agency based on a complaint or a follow-up visit shall not limit the scope of the inspection to the basis of the complaint or the implementation of a plan of correction.

Section 7. Basis for Denial, Suspension, or Revocation.

(1) The division shall deny an application or suspend or revoke a license if the applicant or the licensee fails to meet the requirements of:

(a) This administrative regulation, 922 KAR 1:300, or 922 KAR 1:310;

(b) KRS 17.165(6); or

(2) Effect of denial or revocation. The division shall not accept an application to operate a child-caring facility or a child-placing agency from an entity that:

(a) Previously had a license denied, suspended, or revoked for a reason described in subsection (1)(b) of this section; or

(b) Within the previous five (5) years, voluntarily forfeited a license after the cabinet initiated denial or revocation action.

(3) A penalty for violation of this administrative regulation shall be determined by reference to KRS 199.990.

Section 8. Right of Appeal.

(1) If an application or license has been denied, suspended, or revoked, the division shall proceed in accordance with KRS 199.670(2) and (3).

(2) If, within fifteen (15) days after receiving notice of the division's action, the applicant or licensee requests a hearing, the division shall:

(a) Appoint a hearing officer; and

(b) Proceed pursuant to KRS 13B.050.

(3) The cabinet may take emergency action pursuant to KRS 199.670(3).

Section 9. Incorporation by Reference.

(1) "OIG 136, Application for Licensure to Operate a Child-Caring Facility or a Child-Placing Agency", 12/2018, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Inspector General, Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 2.015, 13B.050, 17.165(6),199.011, 199.640, 199.670, 199.990, 600.020, 610.110(6), 620.140, 42 U.S.C. 671
STATUTORY AUTHORITY: KRS 194A.050(1), 199.640(5)(a), (c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet. KRS 199.640(5)(c) authorizes the Cabinet for Health and Family Services to promulgate administrative regulations relating to licensure for child-caring facilities and child-placing agencies. This administrative regulation governs the licensure process for child-caring facilities and child-placing agencies and the appeals process.
History: 922 KAR 001:305. 26 Ky.R. 2181; Am. 27 Ky.R. 569; 1007; eff. 10-16-2000; 28 Ky.R. 1716; 2229; 2609; eff. 6-14-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 45 Ky.R. 2231, 2938; eff. 5-31-2019; Crt eff. 1-8-2026.

922 KAR 1:310 Standards for child-placing agencies placing children who are in the custody of a state agency {#sec-922-kar-1-310 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:310}

Section 1. Definitions.

(1) "Adequate supervision" means adult oversight of a child's activities with consideration of the child's past and current:

(a) Incidents;

(b) High risk behaviors; and

(2) "Adoption" means the legal process by which a child becomes the child of a person or persons other than biological parents.

(3) "Adoptive home" means a home in which the family has been approved by the child-placing agency to adopt a child.

(4) "Aftercare" means services provided to the child after discharge from a child-placing agency.

(5) "Applicant" means an individual or a family subject to approval by the child-placing agency as a:

(a) Foster home; or

(b) Adoptive home.

(6) "Board of directors" is defined by KRS 273.161(8).

(7) "Cabinet" is defined by KRS 199.011(3).

(8) "Case management" means a process whereby a state agency or child-placing agency assesses the individualized needs of a child or family, arranges for the provision of services, and maintains documentation of actions and outcomes.

(9) "Child" means:

(a) "Child" as defined by KRS 199.011(4) and 600.020(9);

(b) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(d); or

(10) "Child with medical complexity" means a child who is determined to have a medical condition pursuant to 922 KAR 1:350, Section 4(1)(b).

(11) "Child-placing agency" is defined by KRS 199.011(6).

(12) "College or university" means:

(a) An institution accredited by one (1) of the eleven (11) regional accrediting organizations recognized by the U.S. Department of Education, Office of Postsecondary Education;

(b) For a Kentucky institution, one (1) that is licensed by the Kentucky Council on Postsecondary Education or the Kentucky Board for Proprietary Education; and

(13) "Department" is defined by KRS 199.011(7) and 199.641(1)(b).

(14) "Executive director" means the person employed by the board of directors to be responsible for the overall administration and management of a child-placing agency.

(15) "Foster home" means:

(a) A "foster family home" as defined by KRS 199.011(10) and 600.020(30), if referring to a physical structure; or

(b) Any individual approved as a foster parent by the child-placing agency, if referring to an individual.

(16) "Health professional" means a person actively licensed as a:

(a) "Physician" as defined by KRS 311.720(12);

(b) "Physician assistant" as defined by KRS 311.840(3);

(d) "Registered nurse" as defined by KRS 314.011(5) under the supervision of a physician.

(17) "Home study" means an assessment done on a prospective foster or adoptive home by a social services worker that meets the requirements established in Section 4(3) of this administrative regulation.

(18) "Independent living program" means a planned program that:

(a) Is licensed by the cabinet and designed to teach a child age eighteen (18) or older life skills that enable a child to become self-sufficient; and

(b) Meets the requirements established in 922 KAR 1:340.

(19) "Independent living services" means services provided to an eligible child, as established in Section 15 of this administrative regulation, to assist the child in the natural progression from adolescence to adulthood.

(20) "Individual treatment plan" or "ITP" means a plan of action developed and implemented to address the needs of a child.

(21) "Mental health treatment" means services provided to an individual determined to have emotional, mental, or behavioral needs.

(22) "Placement" means:

(a) The physical relocation of a child removed from the child's home of origin with a provider of out-of-home services; or

(b) A foster or adoptive home that has been approved by completing an application process, home study, and required preparation.

(23) "Program director" means the person responsible for supervising the day-to-day operation of the program.

(24) "Respite care" means temporary care provided by another individual or family that meets requirements established in Section 13 of this administrative regulation to meet the needs of the child or provide relief to a foster care parent, therapeutic foster care parent, or medically complex foster parent with the expectation that the child shall return to the foster home.

(25) "Sex crime" is defined by KRS 17.500(8).

(26) "Social services worker" means a person retained by a child-placing agency who meets the qualifications established in Section 2(4)(c) of this administrative regulation.

(27) "Supervision plan" means a written supplement to a child's ITP, developed pursuant to Section 6(7)(b)2 of this administrative regulation, that details a child-placing agency's roles and responsibilities to assure adequate supervision of a child in the agency's care, including those roles and responsibilities delegated to a foster home parent.

(28) "Therapeutic foster care" is defined by KRS 158.135(1)(c).

(29) "Therapeutic services" means clinical or supportive services provided to a child with severe emotional or behavioral needs.

(30) "Treatment director" means an individual who meets the qualifications established in Section 2(4)(d) of this administrative regulation.

Section 2. Administration and Operation.

(1) Licensing procedures.

(a) Licensing procedures for a child-placing agency shall be administered pursuant to 922 KAR 1:305.

(b) An independent living program shall be an optional component of the child-placing agency's license in accordance with 922 KAR 1:340.

(c) A child-placing agency shall obtain accreditation within two (2) years of initial licensure or within two (2) years of acquiring an agreement with the cabinet to provide private child care services, whichever is later. Accreditation shall be from a nationally-recognized accreditation organization, such as:

The Council on Accreditation;
The Joint Commission on Accreditation for Healthcare Organizations; or
The Commission on Accreditation of Rehabilitation Facilities.

(d) The cabinet shall revoke a license if a child-placing agency fails to:

Become accredited in accordance with paragraph (c) of this subsection; or
Maintain accreditation.

(e) The child-placing agency shall provide proof of accreditation to the Office of Inspector General, Division of Regulated Child Care:

Upon receiving initial accreditation; and
At the time of annual inspection for re-licensure.

(2) Board of directors. The child-placing agency shall have a board of directors, or an advisory board if the child-placing agency is a privately-held for-profit organization, which shall:

(a) Consist of a minimum of seven (7) members;

(b) Meet at least quarterly;

(d) Be responsible for and have the authority to ensure the continuing compliance with the requirements established by this administrative regulation;

(e) Approve a mission statement;

(f) Establish and revise, if necessary, the child-placing agency's:

Purpose;
Objective;
Scope of services to be provided; and
Intake policy specifying the type of child to be accepted for care;

(g) Hire, supervise, and annually evaluate the executive director of the child-placing agency; and

(h) Establish in writing the duties of the executive director.

(3) Executive director.

(a) The executive director shall:

Be responsible for the child-placing agency and its affiliates, pursuant to the child-placing agency's written policies and procedures;
Supervise all aspects of the child-placing agency; and
Report to the board, on a quarterly basis:

a. Evaluation of program services;

b. Measurement of attainment of the objective established pursuant to subsection (2)(f)2 of this section;

c. Staff training; and

d. Incident reports.

(b) The criteria and process of the evaluation required in paragraph (a)3a of this subsection shall be considered by the board annually.

(c) If the executive director is not available on the premises or accessible by telephone, a designated staff person shall be responsible for the day-to-day operation of the child-placing agency.

(4) Staff qualifications.

(a) An executive director shall possess the following qualifications:

a. A master's degree from a college or university in any of the following human services fields:

(i) Social work;

(ii) Sociology;

(iii) Psychology;

(iv) Guidance and counseling;

(v) Education;

(vi) Religious education;

(vii) Business administration;

(viii) Criminal justice;

(ix) Public administration;

(x) Child-care administration;

(xi) Nursing;

(xii) Family studies; or

(xiii) Another human service field related to working with families and children; and

b. Two (2) years of work experience in a human services program; or

a. A bachelor's degree with a major in a discipline designated in subparagraph 1 of this paragraph; and

b. Four (4) years of work experience in a human services program.

(b) A licensed child-placing agency shall have one (1) member of the social work staff designated as program director who shall hold:

A master's degree from a college or university in social work or in a discipline established in paragraph (a)1 of this subsection; or

a. A bachelor's degree from a college or university in social work or in a discipline established in paragraph (a)1 of this subsection; and

b. At least two (2) years of professional experience in working with a child or family.

Be responsible for planning and coordinating services to a child; and
Hold at least a bachelor's degree from a college or university in social work or a human services field.

(d) A treatment director shall:

Supervise the day-to-day operation of the treatment program, including:

a. Reviewing all client treatment plans;

b. Meeting a minimum of once monthly with each therapist providing treatment to a child placed in the care of the private child-placing agency to discuss the child's progress and individualized treatment plan;

c. Remaining accessible to therapists to provide consultation; and

d. Reviewing any critical incidents, including debriefs with involved staff;

Hold at least a master's degree from a college or university in a human services discipline; and
Have at least five (5) years of total experience in mental health treatment, with a minimum of three (3) years of experience in mental health treatment of children with emotional or behavioral disabilities and their families.

(e)

A child-placing agency contracting for the service of a social services worker not an employee of the child-placing agency shall obtain documentation that the social services worker meets the qualifications in paragraph (c) of this subsection.
An agreement for this provision of service shall be on file at the child-placing agency and shall state the qualifications of the social services worker.

(f) The program director shall supervise social services workers.

(g) A treatment director shall carry out approval and evaluation of services.

(h)

A social service worker shall not carry a caseload of more than twenty (20) children.
If a social services worker carries a caseload of children in some combination of foster care, therapeutic foster care, medically complex foster care, or an independent living program, the allowable caseload for the social services worker shall be determined by:

a. Dividing the number of children in each placement type on the worker's caseload by the maximum caseload for the placement type to derive a percentage;

b. Adding each percentage calculated in clause a. of this subparagraph to derive a sum; and

c. Maintaining the sum derived in clause b. of this subparagraph at or below 100 percent.

(5) Personnel policy.

(a) A child-placing agency shall have and comply with written personnel policies and procedures.

(b) An employee shall:

Be at least eighteen (18) years of age;
Submit to a criminal background check in accordance with KRS 17.165 and a central registry check in accordance with 922 KAR 1:470; and
Submit to a new criminal background check in accordance with KRS 17.165 and central registry check in accordance with 922 KAR 1:470 once every two (2) years.

(c)

An employee shall not be alone with a child if a central registry check has not yet been completed as required by 922 KAR 1:470.
If a substantiated finding of abuse, neglect, or exploitation of a child has been made against a person, a child-placing agency shall not employ the person or allow the person to volunteer in a position involving direct contact with a child.
The cabinet shall respond to allegations of abuse, neglect, or exploitation of a child in accordance with 922 KAR 1:330 and 922 KAR 1:480.

(d) A current personnel record shall be maintained for an employee that includes the:

Name, address, Social Security number, date of employment, and date of birth;
Evidence of qualifications, including degree from a college or university, current registration, certification, or licensure;
Record of participation in staff development;
Record of performance evaluation;
Criminal records and central registry checks pursuant to paragraph (b)2 and 3 of this subsection;
Record of a physical exam related to employment, as established in the child-placing agency's policies and procedures;
Personnel action;
Application for employment, resume, or contract; and
Evidence of personnel orientation.

(e) A child-placing agency shall have an ongoing staff development program under the supervision of a designated staff member.

(f) An employee under indictment, legally charged with felonious conduct, or subject to a cabinet investigation in accordance with 922 KAR 1:330 shall:

Be immediately removed from further contact with the alleged victim; and
Not be allowed to work with a child through their employment with the agency until:

a. Documentation has been signed by the Division of Protection and Permanency director or designee and provided to the agency that states the employee may resume regular duties;

b. The person is cleared of the charge; or

c. A cabinet investigation results in an unsubstantiated finding, if the charge resulted from an allegation of child:

(i) Abuse;

(ii) Neglect; or

(iii) Exploitation.

(g) Unless the volunteer is a practicum student, a volunteer who performs a similar function as paid staff established in subsection (4) of this section shall meet the same requirements and qualifications.

(h) Practicum students and volunteers shall submit to a background check and any other mandatory requirements listed in subsection (5)(b) and (c) of this section.

(i) A current personnel record shall be maintained for a practicum student or volunteer, which includes:

Name, address, Social Security number, starting date, and date of birth;
Evidence of qualifications if the volunteer performs a similar function as paid staff; and
Criminal records and central registry checks pursuant to paragraph (h) of this subsection.

(6) Physical management. If a child-placing agency uses physical management, the agency shall have established guidelines and policies governing the use of physical management that shall be:

(a) Consistent with accreditation standards; and

(b) In accordance with 922 KAR 1:300.

(7) Notifications. A licensed child-placing agency shall provide written notification within one (1) week to the Office of Inspector General, Division of Regulated Child Care when there is a change in the following leadership staff:

(a) Executive director;

(b) Program director; or

Section 3. Interstate Placement.

(1) Prior to accepting a child from another state or prior to placing a child outside Kentucky, a child-placing agency shall comply with:

(a) KRS 615.030 through 615.040;

(b) KRS 615.010; and

(2) A child-placing agency shall comply with subsection (1) of this section if a child placed with the child-placing agency visits or receives respite care in another state for a period to exceed:

(a) Thirty (30) days; or

(b) The child's school vacation period as ascertained from the academic calendar of the school.

(3) If an emergency placement of a child into a licensed child-placing agency is made, the placement source shall be responsible for compliance with KRS 615.030 through 615.040.

Section 4. Evaluation of an Applicant.

(1) A child-placing agency's staff shall recruit a prospective foster or adoptive home.

(2) A child-placing agency shall:

(a) Complete a home study; and

(b) Approve the home prior to the placement of a child.

(3) Documentation of the home study shall include:

(a) A minimum of two (2) home visits for the purpose of conducting:

One (1) interview with each of the household members individually to assess each member's attitude toward the placement or adoption of a child; and
One (1) family consultation with all household members present to observe the functioning of the applicant's household, including interpersonal relationships and patterns of interaction;

(b) Proof of the applicant's:

Identity, such as a federally or state-issued photo identification card;
Age of twenty-one (21) years or older, unless an exception is granted pursuant to subsection (4) of this section; and
United States citizenship or legal immigrant status as established in 8 U.S.C. 1151;

Be signed by a health professional who is not a member of the applicant's household; and
Verify that the individual has no illness or condition that would present a health or safety risk to a child placed in the applicant's home, which may include a communicable disease;

(d) A signed statement by a health professional who is not a member of the applicant's household regarding the applicant's physical ability to provide necessary care for a child;

(e)

All household members shall disclose mental health and substance abuse issues, including any history of drug or alcohol abuse treatment; and
The private child-placing agency shall require further documentation or evaluation to determine the suitability of the home if there is an indicator of current or past mental health or substance abuse issues;

(f) All adult household members demonstrate functional literacy;

(g) Verification that the applicant has a source of income separate from:

Foster care reimbursement; or
Adoption assistance;

(h) Documentation of references to include:

a. The name of three (3) personal references including:

(i) One (1) relative; and

(ii) Two (2) non-relatives.

b. The references required by clause a. of this subparagraph shall:

(i) Be interviewed by the child-placing agency staff in person or by telephone; or

(ii) Provide letters of reference for the applicant; and

Two (2) credit references or a credit report;

(i) Verification that the applicant's financial stability has been assessed and approved in accordance with a child-placing agency's written policies and procedures;

(j) Documentation of an in-person or telephone interview with each adult child of the applicant, who does not live in the applicant's home, regarding the applicant's parenting history unless a documented exception exists and is approved by the program director due to inaccessibility;

(k) If applicable, verification from the applicant regarding a:

Previous divorce;
Death of a spouse; or
Present marriage;

(l) If the applicant does not have custody of the applicant's own child:

A copy of a visitation order, if applicable;
A copy of a child support order, if applicable; and
Proof of current payment of child support, if applicable;

(m) Proof that the child-placing agency performed background checks on the applicant and any member of the applicant's household as required by 922 KAR 1:490;

(n) Documentation that the applicant has access to:

Transportation that meets the child's needs, including restraint requirements pursuant to KRS 189.125;
School;
Recreation;
Medical care; and
Community facilities;

(o) If an applicant or household member shall be transporting a foster child:

Proof that the individual possesses a valid driver's license and has automobile or driver's insurance coverage; and
Documentation that the applicant or household member shall abide by passenger restraint laws;

(p) Documentation that the applicant's home:

Does not present a hazard to the health and safety of a child;
Is well heated and ventilated;
Complies with state and local health requirements regarding water and sanitation; and
Provides access to indoor and outdoor recreation space appropriate to the developmental needs of a child placed in the applicant's home;
Provides functioning kitchen facilities; and
Provides a functioning bathroom, including a:

a. Toilet;

b. Sink; and

c. Bathtub or shower.

(q) Verification that the requirements established by this paragraph are being followed.

More than four (4) children, including the applicant's own children, shall not share a bedroom;
Thorough consideration shall be given to age, gender, and background if children share a bedroom;
Children of different genders over the age of five (5) shall not share a bedroom unless an exception has been granted to facilitate the placement of a sibling group or children who are related and share a sibling-like relationship, such as cousins, and no high-risk behaviors are present that would require separation;
A bedroom used by a child in the custody of a state agency shall be comparable to other bedrooms in the house; and
A foster parent shall not share a bedroom with a child in the custody of a state agency, unless prior approval is obtained from the state agency based on the needs of the child;

(r) Verification that an individual bed:

Is provided for each child in the home;
If the child is under age one (1), is a crib that meets the Consumer Products Safety Commission Standards pursuant to 16 C.F.R. 1219-1220;
Is age and size appropriate for the child; and
Has a mattress that:

a. Meets current Consumer Products Safety Commission Standards in 16 C.F.R. Parts 1632 and 1633;

b. Is in good repair; and

c. Has a clean, fitted sheet that shall be changed:

(i) Weekly; or

(ii) Immediately if it is soiled or wet;

(s) Verification that the following are inaccessible to a child:

Alcoholic beverages;
Poisonous or hazardous materials;
Ammunition and firearms in accordance with KRS 527.100 and 527.110;
An animal that presents a danger to a child; and
Medication unless an exception is granted pursuant to subsection (11) of this section;

(t) Proof that the applicant has:

First aid supplies available and stored in a place easily accessible by the foster parent;
An accessible working telephone;
A working smoke alarm within ten (10) feet of each bedroom and on each floor of the home;
A working carbon monoxide detector in a home with gas heating or appliances; and
Any household animal vaccinated in accordance with KRS 258.015 and 258.035;

(u) If a business open to the public adjoins the applicant's household, consideration of potential negative impacts on the child and family, including:

Hours of operation;
Type of business; and
Clientele;

(v) Safety precautions related to an accessible swimming pool or body of water, if applicable;

(w) If an applicant was approved to foster or adopt a child by another child-placing agency or the cabinet and the applicant's home was closed:

Verification of the closure;
A statement to indicate whether or not the closure was at the request of the applicant or the agency; and
If applicable, verification that the requirement established in subsection (6)(a) of this section has been met; and

(x) If an applicant previously approved to foster or adopt by a child-placing agency or the cabinet was under a corrective action plan issued by another agency or the cabinet prior to closure:

The issue or issues that caused the issuance of a corrective action plan;
The applicant's response to the corrective action plan;
Agency rationale for the recommendation that the cabinet approve the applicant's home study; and
The cabinet's written denial or approval of the home study.

(4) Exception to subsection (3)(b)2 of this section shall be granted if the applicant is:

(a) Between eighteen (18) and twenty-one (21) years of age;

(b) A relative of the child to be placed in the applicant's home; and

(5) For each potential applicant evaluated, a child-placing agency shall keep a written record of the findings of the home study and the evidence on which the findings are based.

(6) If an applicant previously approved to foster or adopt by a child-placing agency or the cabinet was:

(a) Closed pursuant to Section 18 of this administrative regulation by another agency or the cabinet, the home shall not be approved by an agency unless it has been approved and operated as a cabinet foster home for a period of no less than one (1) year; or

(b) Under a corrective action plan issued by another agency or the cabinet prior to closure, the department shall review and approve the home study prior to the home being approved by another agency.

(7)

(a) A child-placing agency shall request written approval from the state agency with custody of the child, for the foster home to provide services as a:

Certified provider of Supports for Community Living in accordance with 907 KAR 12:010;
Therapeutic foster care provider for adults in accordance with 907 KAR 12:010;
Certified family child-care home in accordance with 922 KAR 2:100; or
Licensed child-care center in accordance with 922 KAR 2:090.

(b) An approved foster home shall not simultaneously be used as a licensed or certified health care or social service provider for a child in the foster home's care.

(8)

(a) An employee of the department who provides protection and permanency services shall be considered for approval as a foster parent or respite care provider for a child in the custody of the cabinet if prior approval by the commissioner or designee is granted in writing through the service region administrator in the region of the employment.

(b) If approval is granted, the private child-placing agency shall not place children from within the region of employment unless:

The employee is related to the child; or
The employee is determined to be fictive kin as the result of a relationship developed outside of employment prior to the child being placed in the custody of the cabinet.

(9) An employee of the department who provides protection and permanency services may apply to adopt a child in the custody of the cabinet if the commissioner approves, in writing, the employee to adopt.

(10)

(a) A child-placing agency shall develop written policies and procedures regarding employees of the child-placing agency serving as:

A foster parent;
An adoptive parent; or
A respite care provider.

(b) Policies and procedures developed in accordance with paragraph (a) of this subsection shall address the prevention or appearance of:

A conflict of interest; or
Misuse of influence.

(11) A child-placing agency may make an exception to subsection (3)(s)5 of this section if:

(a) The exception is documented in the ITP of a child placed in the foster or prospective adoptive home;

(b)

The child is approved by a health professional to self-administer medicine under the supervision of the foster or prospective adoptive parent or other caretaker; or
Emergency access to the medication may be necessary to save the child's life, such as in the case of severe allergic reaction or asthma attack; and

(12) If an applicant is approved as a foster home, adoptive home, or respite care provider by a state agency or another child-placing agency, a child-placing agency shall:

(a) Conduct a home study in accordance with subsections (2), (3), and (5) of this section; and

(b) Document that the applicant meets training requirements in accordance with Section 5, 7, 10, or 13 of this administrative regulation. If an applicant lacks training in accordance with this paragraph, the child-placing agency shall, prior to placement of a child in the home:

Provide training in accordance with Section 5, 7, 10, or 13 of this administrative regulation; or

a. Develop an individualized curriculum to fulfill unmet training needs; and

b. Document the applicant's compliance with the individualized curriculum.

Section 5. Orientation and Preparation of a Foster Home.With the exception of training requirements established in 922 KAR 1:495 for a foster home that cares for a child in the custody of the cabinet, a child-placing agency shall:

(1) Develop and maintain an orientation and preparation curriculum to be kept on file;

(2) Provide a minimum of twenty-four (24) hours of orientation and preparation to a prospective foster parent, to include:

(a) Child-placing agency program description with mission statement;

(b) Information about the rights and responsibilities of the home and the rights of the foster child;

(c) Background information about the foster child and the child's family, including information in accordance with KRS 605.090(1)(b);

(d) An example of an actual experience from a foster parent that has fostered a child;

(e) Information regarding:

The stages of grief;
Identification of the behavior linked to each stage;
The long-term effect of separation and loss on a child;
Permanency planning for a child, including independent living services;
The importance of attachment on a child's growth and development and how a child may maintain or develop a healthy attachment;
Family functioning, values, and expectations of a foster home;
Cultural competency;
How a child enters and experiences foster care, and the importance of achieving permanency; and
The importance of birth family and culture and helping children leave foster care;

(f) Identification of changes that may occur in the home if a placement occurs, to include:

Family adjustment and disruption;
Identity issues; and
Discipline issues and child behavior management; and

(g) Specific requirements and responsibilities of a foster parent; and

(3) Maintain an ongoing foster home preparation and training program that:

(a) Provides a minimum of ten (10) hours of foster home training annually; and

(b) Maintains a record of preparation and training completed.

Section 6. Placement, Case Management, and Supervision of a Child in a Foster Home, Medically Complex Foster Home, or Therapeutic Foster Care Home.

(1) A child-placing agency shall:

(a) Place a child only in an approved foster home; and

(b) Keep a child who has been committed to the Department of Juvenile Justice for the commission of a sex crime in a separate foster home or prospective adoptive home from a child committed to the cabinet in accordance with KRS 605.090(1), 620.090(2), and 620.230(3).

(2) A child-placing agency shall select a foster home for a child based upon the individual needs of the child, including:

(a) The child's assessment and ITP, if available;

(b) Any information concerning the child's needs in placement; and

(c) Measures to support the safety of the child, such as a placement restriction in accordance with subsection (1)(b) of this section or another child in the foster home.

(3) A child shall participate in the intake process to the extent that the child's age, maturity, adjustment, family relationships, and the circumstance necessitating placement justify the child's participation.

(4) Unless an exception is granted pursuant to subsection (6) of this section, the number of children residing in a foster home shall not exceed six (6), including the foster parent's own children living in the home.

(5) Unless an exception is granted pursuant to subsection (6) of this section, a child-placing agency shall have a maximum of two (2) children under two (2) years of age placed in the same foster home at the same time, including children placed in the custody of the cabinet and the foster parent's own children.

(6)

(a) Justification for an exception to subsection (4) or (5) of this section shall be:

Documented in the foster parent file; and
Authorized by the program director because a plan is in place with the foster parent to ensure that the needs of all children in the home are met.

(b) For a foster home that cares for a child in the custody of the cabinet, the child-placing agency shall submit a DPP-112B, Private Child-Placing Agency Placement Exception Request, for an exception to subsection (4) or (5) of this section to designated cabinet staff prior to the placement documenting:

The reason the placement is in the best interest of the child; and
Specific support services to be provided.

(c) The number of foster children residing in a foster family home may exceed the limitation established in subsection (4) or (5) of this section with documentation on the DPP-112B in order to allow:

A parenting youth in foster care to remain with the child of the parenting youth;
Siblings to remain together;
A child with an established meaningful relationship with the family to remain with the family;
A family with special training or skills to provide care to a child who has a severe disability; or
Other circumstances noted in the DPP-112B and approved by the service region administrator or designee based on maintaining the health and safety of the child.

(d) If an exception to subsection (4) or (5) of this section is necessary for a placement to occur outside of normal business hours:

The child-placing agency shall verbally provide all information contained within the DPP-112B to designated cabinet staff prior to the placement;
A verbal approval from designated cabinet staff shall be required prior to the placement occurring; and
The completed DPP-112B shall be submitted on the first business day following placement.

(7) A child-placing agency shall:

(a) Assess a child to be placed in foster care;

(b) Within thirty (30) days of a child's placement, develop:

An ITP:

a. Based upon the individual strengths and needs of the child and, if appropriate, the child's family, that addresses the:

(i) Visitation, health, and educational needs of the child;

(ii) Child's permanency goals and related objectives;

(iii) Methods for accomplishing each goal and objective; and

(iv) Designation of an individual or individuals responsible for completion of each goal and objective; and

b. With the child and the child's parent:

(i) That includes offering the child the opportunity to sign the ITP signifying the child's understanding; and

(ii) Unless a circumstance exists that precludes engagement of the child or the child's parent from occurring and is documented in the child's case record; and

A supervision plan for the child that:

a. Is attached to the child's ITP;

b. Identifies the current supervision needs of and expectations for the child based upon the child's recent and past:

(i) Incidents;

(ii) High-risk behaviors; and

(iii) Needs identified in the assessment conducted pursuant to paragraph (a) of this subsection;

c. Includes goals and objectives for the child's improvement with tasks assigned to the child-placing agency and foster home parent;

d. Is signed and dated by the social services worker and foster home parent; and

e. Remains a part of the child's record;

(c) Review a child's ITP and supervision plan on a quarterly basis or more frequently as the child's needs or circumstances dictate;

(d) Have a written agreement with the foster home stating the:

Responsibilities of the:

a. Child-placing agency; and

b. Foster home; and

Terms of each placement;

(e) Require a foster home to certify, in writing, that supervision from the child-placing agency or the state agency, which has custody of the child, shall be allowed;

(f) Document a placement in the foster home file;

(g) Report immediately to the state agency that has custody of the child if there is:

A hospitalization or life-threatening accident or illness;
An absence without official leave;
A suicide attempt;
Criminal activity by the child;
Death;
Possession of a deadly weapon by a child;
Change in address;
Change in the number of people living in the home; or
Significant change in the foster home, such as changes in health or income status of an individual living in the foster home;

(h) Establish policies and procedures for supervision of a foster home by a worker other than the social services worker assigned to the foster home, who meets qualifications specified in Section 2(4)(c) of this administrative regulation to:

Include:

a. Frequency of an in-home visit with the foster parent;

b. Means of supervision;

c. Methods of supervision; and

d. Personnel conducting the supervision;

Ensure a foster child's placement stability and safety; and
Be individualized, as needed, for the:

a. Child; or

b. Foster home;

(i) Identify and make available necessary supports to a foster home, including:

A plan for respite care in accordance with Section 13 of this administrative regulation;
Twenty-four (24) hour crisis intervention; and
A foster home support group;

(j) Assure that a child receives care and services, including independent living services:

In accordance with Section 15 of this administrative regulation; and
As established by the child's needs as assessed in the child's ITP;

(k) Provide information to a foster parent regarding the behavior and development of the child placed by the child-placing agency;

(l) Inform the foster parent, in accordance with KRS 605.090(1)(b), of:

Inappropriate sexual acts or sexual behavior of the child as specifically known to the child-placing agency; and
Any behaviors of the child that indicate a safety risk for the placement;

(m) Document each effort to:

Protect the legal rights of the child's family and the child; and
Maintain the bond between the child and the child's family, in accordance with the child's permanency plan;

(n) Assure that a child shall have, for the child's exclusive use, clothing comparable in quality and variety to that worn by other children with whom the child may associate;

(o) Be responsible for monitoring the child's school progress and attendance;

(p) Secure psychological and psychiatric services, vocational counseling, or other services if indicated by the child's needs;

(q) Reassess and document quarterly, in the child's ITP, placement and permanency goals, including independent living services, in accordance with Section 15 of this administrative regulation;

(r) Conduct and document a face-to-face visit with the child at least once per month; and

(s) Maintain foster care records in accordance with Section 16 of this administrative regulation.

(8) Without prior notification to and written authorization from the Kentucky Interstate Compact Administrator, a child shall not be:

(a) Placed with a family that normally resides in another state; or

(b) Permitted to go with a person to take up residence in another state.

(9)

(a) An approved foster home in use shall be evaluated at least every three (3) years for compliance with responsibilities listed in the written agreement established in subsection (7)(d) of this section.

(b) Results shall be recorded in the foster parent file.

(10) Factors that shall result in a review of a foster home shall include:

(a) Death or disability of a family member;

(b) Sudden onset of a health condition that impairs a foster parent's ability to care for a child placed in the home;

(d) Sudden, substantial decrease in, or loss of, income;

(e) Child birth;

(f) Use of a form of punishment that includes:

Cruel, severe, or humiliating actions;
Corporal punishment inflicted in any manner;
Denial of food, clothing, or shelter;
Withholding implementation of the child's ITP;
Denial of visits, telephone, or mail contacts with family members, unless authorized by a court of competent jurisdiction; and
Assignment of extremely strenuous exercise or work;

(g) A report of abuse, neglect, or dependency that results in a finding that is:

Substantiated; or
Reveals concern regarding the care of the child;

(h) If the foster parent is cited with, charged with, or arrested due to a violation of law other than a minor traffic offense;

(i) An incident required to be reported in accordance with subsection (7)(g) of this section and Section 12(6) of this administrative regulation;

(j) Other factors identified by a child-placing agency that jeopardize the physical, mental, or emotional well-being of the child; or

(k) Failure to meet annual training requirements.

(11) The documentation of a review, established in subsection (10) of this section, shall contain:

(a) Identifying information;

(b) Current composition of the household;

(d) An assessment of the family functioning to determine if the child's needs are met; and

(e) Corrective action that may include a recommendation for closure of the foster home.

Section 7. Orientation and Preparation of a Therapeutic Foster Care Home.

(1) A child-placing agency shall maintain the orientation and preparation curriculum on file.

(2) Unless a therapeutic foster care home cares for a child in the custody of the cabinet and is subject to training requirements established in 922 KAR 1:495, a child-placing agency shall provide a minimum of thirty-six (36) hours of orientation and preparation for a prospective therapeutic foster care parent that shall incorporate the following topic areas:

(a) Child-placing agency program description with mission statement;

(b) Information about the rights and responsibilities of the therapeutic foster care home;

(d) An example of an actual experience of a therapeutic foster care parent that has fostered a child;

(e) Stages of grief;

(f) Behaviors linked to each stage of grief;

(g) Long-term effects on a child from separation and loss;

(h) Permanency planning for a child, including independent living services;

(i) Importance of attachment on a child's growth and development and the way a child maintains and develops a healthy attachment, including attachment disorder and associated behaviors;

(j) Family functioning, values, and expectations of a therapeutic foster care home;

(k) Changes that could occur in the home with placement of a child regarding:

Family functioning;
Family adjustment;
Identity issues;
Discipline issues and child behavior management; and
Family disruption;

(l) Specific requirements and responsibilities of a therapeutic foster care home;

(m) Behavior management;

(n) Communication skills;

(o) Skill teaching;

(p) Cultural competency;

(q) Behavior management de-escalation techniques;

(r) The dynamics of a child who has experienced sexual abuse or human trafficking; and

(s) The effect of chemical abuse or dependence by the child or the child's biological parent.

(3) A therapeutic foster care home shall receive:

(a) A minimum of twenty-two (22) hours of annual training; or

(b) Training in accordance with 922 KAR 1:495 if the home provides care to a child in the custody of the cabinet.

(4) A child-placing agency that provides therapeutic foster care shall maintain an ongoing therapeutic foster care preparation and training program that:

(a) Provides training to meet requirements of subsection (2) of this section; and

(b) Maintains a record of preparation and training completed.

Section 8. Additional Requirements for Therapeutic Foster Care.

(1) A therapeutic foster care home shall accommodate the needs of a child who is unable to live with the child's own family and who:

(a) Could benefit from care in a family setting; and

(b)

Has clinical or behavioral needs that exceed supports available in a foster home; or
Is transitioning from group care as part of the process of returning to family and community.

(2) Unless an exception is granted pursuant to subsection (3) of this section, the number of children residing in a therapeutic foster care home that cares for a child in the custody of the cabinet shall be limited to a total of four (4) children, including no more than two (2) therapeutic foster care children.

(3) To make a request for an exception to subsection (4) of this section, a child-placing agency shall follow the procedure established in Section 6(6)(b) of this administrative regulation.

(4) A treatment director shall supervise a treatment team and shall participate in the development of the ITP and the quarterly case consultation.

(5) A child-placing agency shall provide or contract, as established in KRS 199.640(5)(a)2, for therapeutic services individualized for the child, as needed, at least two (2) times per month.

(6) A therapeutic foster care parent shall be responsible for:

(a) Participation in the development of an assessment, ITP, and supervision plan as established in Section 6(7) of this administrative regulation;

(b) Facilitation of in-home services provided by a social services worker at least two (2) times per month;

(c) Adequate supervision of the child and implementation of components of the ITP, including daily log documentation as established in the ITP;

(d) Working with the child-placing agency to promote stability and avoid disruption for the child; and

(e) Working with the child-placing agency in the development of a plan for the smooth transition of the child to a new placement, if there is a disruption.

(7) The social services worker shall:

(a) Have a face-to-face visit with a child and therapeutic foster care parent on the day of the child's placement;

(b) Have another face-to-face visit with the therapeutic foster care parent or child within ten (10) calendar days of the child's placement;

(c) Telephone or visit, on a weekly basis, at least one (1) of the therapeutic foster care parents of each child on the therapeutic foster care worker's caseload;

(d) Visit a therapeutic foster care parent a minimum of two (2) times a month with at least one (1) visit being in the foster home;

(e) Visit the foster child face-to-face a minimum of two (2) times a month with at least one (1) visit in the therapeutic foster care home and one (1) visit outside the foster home;

(f) Carry a caseload of not more than twelve (12) therapeutic foster care children, taking into account:

Required responsibilities other than the case management of a child in foster care;
Additional support, contact, and preparation needed by a therapeutic foster care home, due to the extent of the needs of the child served;
The intensity of services provided to the child and the child's family; and
Caseload expectations established in Section 2(4)(h) of this administrative regulation;

(g) Conduct a quarterly case consultation, including the:

Foster home;
Child's public agency worker;
Child-placing agency treatment director and social services worker; and
Child and the child's family of origin, to the extent possible;

(h) Identify the support needed by the foster family, including a:

Plan for respite care as established in Section 13 of this administrative regulation;
Plan for twenty-four (24) hour on-call crisis intervention; and
Foster home support group;

(i) Recommend and prepare an aftercare plan for a child, prior to discharge from therapeutic foster care, to ensure a successful transition; and

(j) Document a quarterly case consultation and revision to a child's ITP as determined by the case consultations.

(8) A child-placing agency shall:

(a) Meet requirements established in Section 6(1) through (3) and (7) through (11) of this administrative regulation; and

(b) Reevaluate a therapeutic foster care home in accordance with Section 14 of this administrative regulation.

Section 9. Child With Medical Complexity.

(1) A child with medical complexity shall be:

(a) A child in the custody of the cabinet; and

(b) Determined by the cabinet to meet the child with medical complexity requirements established in 922 KAR 1:350.

(2) The decision to accept a child with medical complexity shall be optional to a child-placing agency.

(3) If a child placed with a child-placing agency in a non-medically complex foster home becomes medically complex in accordance with subsection (1) of this section, the Division of Protection and Permanency director or designee and child-placing agency shall reevaluate the placement and ensure the child's needs can be met.

Section 10. Preparation of a Medically Complex Foster Home.

(1) A child-placing agency shall create a medically complex foster home only if the child-placing agency has:

(a) Staff meeting qualifications established in Section 2(4) of this administrative regulation supervising the home, who have received medically complex training in accordance with subsection (2)(b) and (c) of this section; and

(b) A liaison established with the cabinet.

(2) A foster home shall be approved to care for a child with medical complexity by a child-placing agency if the foster home:

(a) Includes a primary caregiver who is not employed outside the home, unless approved in writing by designated cabinet staff;

(b) Completes training as established in 922 KAR 1:495, Section 4;

Infant, child, and adult CPR; and
First aid;

(d) Is located within a:

One (1) hour drive of a medical hospital with an emergency room; and
Thirty (30) minute drive of a local medical facility; and

(e) Is evaluated in accordance with Section 4 of this administrative regulation.

(3) If the cabinet determines that a child currently in the care of a foster parent approved by the child-placing agency is a child with medical complexity in accordance with Section 9(1) of this administrative regulation, then the cabinet shall prioritize the foster home's enrollment in training as established in subsection (2)(b) and (c) of this section.

(4) An approved medically complex foster home shall receive reapproval, if the foster home:

(a) Annually completes ongoing training as established by subsection (2)(b) and (c) of this section; and

(b) Continues to meet the requirements in Section 14 of this administrative regulation.

(5) Except for a sibling group or unless approved by designated cabinet staff in accordance with the DPP-112B, more than four (4) children, including the medically complex foster parent's own children, shall not reside in a medically complex foster home, with no more than two (2) children being medically complex or requiring therapeutic foster care.

(6) Unless an exception is approved by designated cabinet staff in accordance with the DPP-112B, a:

(a) One (1) parent medically complex foster home shall not care for more than one (1) child with medical complexity; and

(b) Two (2) parent medically complex foster home shall not care for more than two (2) children with medical complexity.

(7) If a placement would exceed a limit established by subsection (5) or (6) of this section, a child-placing agency shall request an exception in accordance with Section 6(6)(b) of this administrative regulation.

Section 11. Placement of a Child With Medical Complexity.

(1)

(a) In addition to training required in Section 10(2)(b) and (c) of this administrative regulation, an approved medically complex foster parent shall receive training on how to care for the specific needs of a child with medical complexity placed in the home.

(b) The training shall be conducted by a health professional or a previous caregiver who was trained by a health professional.

(2) Unless an exception is granted by the director of the Division of Protection and Permanency or designee pursuant to subsection (3)(a) of this section, a child with medical complexity shall be placed in an approved medically complex foster home.

(3) A child-placing agency shall:

(a) Request an exception to subsection (2) of this section in accordance with Section 6(6)(b) of this administrative regulation;

(b) Provide case management services:

As established in Section 6(1) through (3), and (7) through (11) of this administrative regulation; and
In accordance with the child's:

a. Health plan developed by designated cabinet staff;

b. ITP; and

c. Supervision plan;

(d) Conduct a face-to-face visit with the child at least two (2) times per month.

Section 12. Expectations for a Foster Home, Therapeutic Foster Care Home, or Medically Complex Foster Home. An approved foster parent, medically complex foster parent, or therapeutic foster care parent shall:

(1) Provide a child placed by the child-placing agency with a family life, including:

(a) Nutritious food;

(b) Clothing comparable in quality and variety to that worn by other children with whom the child may associate;

(d) Life skills development;

(e) Recreational opportunities;

(f) Education opportunities;

(g) Nonmedical transportation;

(h) Opportunities for development consistent with the child's religious, ethnic, and cultural heritage;

(i) Adequate supervision;

(j) Independent living services for a child age fourteen (14) or older; and

(k) A smoke-free environment by refraining from smoking in the direct presence of a child for whom their physician recommends, in writing, a smoke-free environment;

(2) Allow the approving child-placing agency and staff of a state agency to visit the home;

(3) Share with the child-placing agency and, if applicable, staff of the state agency that has custody of the child, information about the child placed by the child-placing agency;

(4) Notify the child-placing agency fourteen (14) calendar days prior if the home is approved to provide foster or adoptive services through another private child-placing agency or the cabinet;

(5) Notify the child-placing agency prior to:

(a) Leaving the state with a child placed by the child-placing agency for more than twenty-four (24) hours; or

(b) Allowing a child placed by the child-placing agency to be absent from the foster home for more than twenty-four (24) hours;

(6) Report immediately to the child-placing agency through which the child is placed if there is:

(a) A hospitalization or life-threatening accident or illness;

(b) An absence without official leave;

(d) Criminal activity by the child;

(e) Death of any member in the household;

(f) A child's possession of a deadly weapon;

(g) Change in address;

(h) Change in the number of people living in the home;

(i) Significant change in circumstance in the foster home; or

(j) Failure of the foster child or foster parent to comply with the supervision plan;

(7) Cooperate with the child-placing agency if child-placing agency staff arranges for a child, placed in the foster home by the child-placing agency, and the child's birth family regarding:

(a) Visits;

(b) Telephone calls; or

(8) Upon request, surrender a child or children to the authorized representative of the child-placing agency or the state agency that has custody of the child;

(9) Keep confidential all personal or protected health information as shared by the cabinet or child-placing agency, in accordance with KRS 194A.060 and 45 C.F.R. Parts 160 and 164, concerning a child placed in a home or the child's birth family;

(10) Support an assessment of the service needs, including respite care, and the development of an ITP, including the supervision plan, of a child placed by the child-placing agency;

(11) Participate in a case planning conference concerning a child placed by the child-placing agency;

(12) Cooperate with the implementation of the permanency goal established for a child placed by the child-placing agency;

(13) Ensure that a child in the custody of the cabinet receives the child's designated per diem allowance;

(14) Facilitate the delivery of medical care to a child placed by the child-placing agency as needed, including:

(a) Administration of medication to the child and daily documentation of the administration; and

(b) Physicals and examinations for the child;

(15) Treat a child placed by the child-placing agency with dignity;

(16) Report suspected incidents of child abuse, neglect, and exploitation in accordance with KRS 620.030; and

(17) Comply with general supervision and direction of the child-placing agency or, if applicable, the state agency that has custody of the child, concerning the care of the child placed by the child-placing agency.

Section 13. Respite for Foster Care, Medically Complex Foster Care, or Therapeutic Foster Care.

(1) The child-placing agency shall develop written policies and procedures to address the respite care needs of a child or a foster parent.

(2) Respite care shall not be used as a means of placement for a child.

(3) Respite care shall be in accordance with Section 3(2) of this administrative regulation.

(4) The child-placing agency shall not approve a respite care provider unless the provider meets requirements established by Section 4(3)(b), (d), and (m) through (u) of this administrative regulation.

(5) A respite care provider shall:

(a) Receive, from the agency or foster parent, preparation for placement of a child, including:

Information in accordance with KRS 605.090(1)(b); and
Information regarding the supervision plan of the child;

(b) Provide adequate supervision in accordance with the child's supervision plan;

(c)

Give relief to a foster parent caring for a child; or
Provide for an adjustment period for a child;

(d) Meet the requirements of Section 6(4) through (6) of this administrative regulation; and

(e) Meet the requirements of Section 8(2) of this administrative regulation if the provider cares for a child requiring therapeutic foster care.

(6) A respite care provider for a child with medical complexity shall:

(a) Meet the requirements of Section 10(4)(b), (5), and (6) of this administrative regulation;

(b) Receive training on how to meet the specific needs of the child with medical complexity from:

A health professional; or
The foster parent trained by a health professional; and

Infant, child, and adult CPR; and
First Aid.

Section 14. Reevaluation of an Approved Adoptive Home Awaiting Placement or an Approved Foster Home.

(1) Every third year during the initial approval month, a child-placing agency shall:

(a) Conduct a personal interview in the home with an approved:

Adoptive home awaiting placement; or
Foster home; and

(b) Assess:

Any change in the home;
The ability of the home to meet the needs of a child placed in the home; and
The home's continued compliance with the requirements of this administrative regulation in:

a. Section 4(3)(g), (i), and (k) through (u), and Section 4(5) through (12) of this administrative regulation, with regard to evaluation, if the home is approved as a foster or adoptive home;

b. Sections 6(9)(a) and 12 of this administrative regulation, with regard to case management and expectations, if the home is approved as a foster home; and

(i) Sections 5(1)(c) or 7(3)(a) of this administrative regulation, with regard to annual training, if the home is approved as a foster home; and

(ii) 922 KAR 1:495 with regard to annual training if the home is approved to receive a child in the custody of the cabinet.

(2) After initial approval, a foster parent, an adoptive parent awaiting placement, a respite care provider, or a member of a foster or adoptive parent's household shall comply with a child-placing agency's request for a statement regarding the parent, provider, or household member's general health and medical ability to care for a child.

Section 15. Independent Living Services. A child-placing agency shall:

(1) Provide independent living services:

(a) To a child:

In the custody of a state agency; and
Who is fourteen (14) to twenty-one (21) years of age;

(b) Directly or indirectly through a foster parent with whom the child is placed;

(d) In accordance with 42 U.S.C. 677(a); and

(2) Teach independent living:

(a) To a child:

In the custody of a state agency; and
Eighteen (18) years of age and older; and

(b) Developed in accordance with 922 KAR 1:340, Section 3(1)(a).

Section 16. Maintenance of a Foster Care, Medically Complex Foster Care, or Therapeutic Foster Care Record.

(1)

(a) The child-placing agency shall maintain a record on each child and foster home, including medically complex foster homes and therapeutic foster care homes, if applicable.

(b) The child's record and the foster home record shall show the reason for placement change and steps taken to ensure success.

(c) A case record shall be maintained in conformity with existing laws and administrative regulations pertaining to confidentiality, pursuant to KRS 199.430(3), 199.640, and 45 C.F.R. Parts 160 and 164.

(2) The record of the child, including information of the child's family, shall include:

(a) Identifying information for child, parent, and foster home;

(b) Commitment order or custodian's consent for admission;

(d) Educational record;

(e) Medical and dental record since placement;

(f) Social history and assessment;

(g) ITP and review;

(h) Supervision plan and updates to the plan;

(i) Permanency goals, including independent living services;

(j) Incident reports, including details of the child's behavior and supervision at the time of the incident;

(k) Monthly progress notes based on the ITP and supervision plan;

(l) Quarterly revisions to the child's ITP;

(m) Correspondence with the:

Court;
Family;
Department for Community Based Services; or
Department of Juvenile Justice;

(n) Discharge report; and

(o) Aftercare plan.

(3) The foster home's record shall include documentation relating to the:

(a) Orientation and preparation of the home, including all adult caregivers in the household;

(b) Required preparation hours and the topics covered;

(d) Narrative summary of the initial and subsequent foster home's home study evaluation;

(e) Supervision of the foster home, including critical incidents;

(f)

Annual training requirements that are met in accordance with Section 5(3) of this administrative regulation by the foster parent and all adult caregivers in the household; or
If applicable, annual training requirements in accordance with Section 7(3) or 10 of this administrative regulation;

(g) Background checks in accordance with Sections 4(3)(m) and 14(1)(b)3.a of this administrative regulation;

(h) Copy of any placement exceptions granted; and

(i) If applicable, copy of the written statement of the foster home's closure completed pursuant to Section 18(5) of this administrative regulation.

(4) A child-placing agency shall:

(a) Maintain a child or foster home's record for at least three (3) years;

(b) After three (3) years of inactivity, archive the record and maintain the record in accordance with 725 KAR 1:061 within the child-placing agency;

The agency ceases operations; and
No other operational governing entity exists; and

(d) Make available all records maintained by the agency to the cabinet or its designee upon request.

Section 17. Maintenance of Adoptive Case Record.

(1) The child-placing agency shall maintain a case record from the time of the application for services through the completed legal adoption and termination of child-placing agency services for:

(a) A child accepted for care and the child's family; and

(b) An adoptive applicant.

(2) The case record shall contain material on which the child-placing agency decision may be based and shall include or preserve:

(a) Information and documents needed by the court;

(b) Information about the child and the child's family;

(d) Information gathered during the intake process including:

A description of the situation that necessitated placement of the child away from the child's family or termination of parental rights;
A certified copy of the order of the circuit court terminating parental rights and committing the child to the child-placing agency for the purpose of adoption;
Verification of the child's birth record and the registration number;
A copy of the child's medical record up to the time of placement;
A copy of the required evaluation of the adoptive placement;
Date of adoptive placement;
A statement of the basis for the selection of this adoptive home for the child;
A record of after-placement services with dates of:

a. Visits;

b. Contacts;

c. Observations;

d. Filing of petition;

e. Granting of judgments; and

f. Other significant court proceedings relative to the adoption; and

Child's adoptive name.

(3) If there is a need to share background information with a party to a completed adoption or to have the benefits of information from a closed adoption record to offer services following completion of an adoption, the child-placing agency shall comply with KRS 199.570.

(4) Records on adoption that contain pertinent information shall be:

(a) Maintained indefinitely following final placement of a child; and

(b) Sealed and secured from unauthorized scrutiny.

(5) A child-placing agency shall submit adoptive case records to the cabinet, if:

(a) The child-placing agency closes; and

(b) No other operational governing entity exists.

Section 18. Closure of an Approved Foster or Adoptive Home.

(1) A foster or adoptive home shall be closed if:

(a) Sexual abuse or exploitation by a resident of the household is substantiated;

(b) Child maltreatment by a resident of the household occurs that is serious in nature or warrants the removal of a child;

(d) The home fails to meet applicable requirements of this administrative regulation in:

Section 4(3)(g), (i), and (k) through (u), and Section 4(5) through (12) of this administrative regulation, with regard to evaluation, if the home is approved as a foster or adoptive home;
Sections 6(9)(a) and 12 of this administrative regulation, with regard to placement and case management, if the home is approved as a foster home; and
Sections 5, 7, or 10 of this administrative regulation, with regard to annual training, if the home is approved as a foster home.

a. An exception to this subparagraph may be granted by the Division of Protection and Permanency director or designee for a foster parent caring for a child in the custody of the cabinet if it is in the best interest of a child placed in the foster home to allow the exception.

b. If an exception is approved for a foster parent caring for a child in the custody of the cabinet, a new or additional child shall not be placed in the home until the foster parent has met the training requirement.

(2) A foster or adoptive home may be closed:

(a) In accordance with the terms established in the written agreement between the child-placing agency and the foster or adoptive home; or

(b) In accordance with the terms specified in the written contract between the cabinet and the child-placing agency, if applicable.

(3) If closure of an approved foster or adoptive home is necessary, a child-placing agency shall:

(a) State the reason for the closure in a personal interview with the family unless the family refuses or declines the personal interview;

(b) Document the reason in the foster or adoptive home's case record; and

(c) Submit closure information, including the cause for closure, in the foster care registry maintained by the department within fourteen (14) days.

(4) A child-placing agency shall confirm the decision to close a home in a written notice to the foster or adoptive parent. The notice shall be provided within fourteen (14) calendar days of the interview with a foster or adoptive parent. If the foster or adoptive parent refuses to be interviewed, the notice shall be provided within fourteen (14) calendar days of the foster or adoptive parent's refusal.

(5) The written notice shall include:

(a) Date of approval and termination; and

(b) Indication of whether the closure was at the request of the foster parents or the agency.

Section 19. Foster Care Registry.

(1) A child-placing agency shall check the foster care registry for a foster home applicant prior to approval.

(2) A child-placing agency shall register a foster home with the cabinet, approved by the child-placing agency, to include medically complex foster homes and therapeutic foster care homes.

(3) Information shall be provided to the cabinet in a format, including:

(a) The foster parent's:

Full name;
Social Security number; and
Address, including county of residence;

(b) The child-placing agency's:

Name; and
Mailing address;

(c)

The date the foster home was:

a. Approved;

b. Denied;

c. Withdrawn; or

d. Closed; and

The reason for the change in the foster home status; and

(d) Whether the foster home is currently active or inactive.

Section 20. Emergency Preparedness. Each foster home shall submit an emergency preparedness plan to the private agency that would allow the agency to identify, locate, and ensure continuity of services to children who are in the custody or control of the state agency or private agency.

Section 21. Incorporation by Reference.

(1) The "DPP-112B, Private Child-Placing Agency Placement Exception Request", 09/22, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS 2.015, 17.165, 17.500(8), 158.135(1)(c), 189.125, 194A.060, 199.011, 199.430(3), 199.570, 199.640, 199.641, 258.015, 258.035, 273.161(8), 311.720(12), 311.840(3), 314.011(5), (7), 527.100, 527.110, 600.020, Chapter 605, 610.110(6), 615.010-615.990, 620.030, 620.090(2), 620.140(1)(d), 620.230(3), 16 C.F.R. 1219 - 1220, Parts 1632, 1633, 45 C.F.R. Parts 160, 164, 8 U.S.C. 1151, 42 U.S.C. 671, 42 U.S.C. 677(a), 14901 - 14954
STATUTORY AUTHORITY: KRS 194A.050(1), 199.640(5)(a), 605.150(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.640(5)(a) requires the Secretary of the Cabinet for Health and Family Services to promulgate administrative regulations establishing basic standards of care and service for child-caring facilities and child-placing agencies. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605. This administrative regulation establishes basic standards for child-placing agencies placing children who are in the custody of a state agency.
History: 17 Ky.R. 2351; eff. 3-12-1991; 20 Ky.R. 2424; eff. 3-23-1994; 21 Ky.R. 654; 1074; eff. 9-21-1994; Recodified from 905 KAR 1:310, 10-30-1998; 26 Ky.R. 2080; 27 Ky.R. 571; 1008; eff. 10-16-2000; 30 Ky.R. 1662; 2069; 31 Ky.R. 99; eff. 8-6-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 3552; 34 Ky.R. 316; 577; eff. 10-17-2007; TAm 1-14-2008; 2355; 35 Ky.R. 49; 292; eff. 9-5-2008; 42 Ky.R. 170; 1244; 1518; eff. 11-18-2015; 45 Ky.R. 3326; 46 Ky.R. 521; eff. 9-9-2019; 48 Ky.R. 2642; 49 Ky.R. 373, 579; eff. 9-28-2022.

922 KAR 1:315 Standards for child-placing agencies placing children who are not in the custody of a state agency {#sec-922-kar-1-315 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:315}

Section 1. Definitions.

(1) "Adequate supervision" means adult oversight of a child's activities with consideration of the child's past and current:

(a) Incidents;

(b) High risk behaviors; and

(2) "Adoption" means the legal process by which a child becomes the child of a person or persons other than biological parents.

(3) "Adoptive home" means a home in which the family has been approved by the child-placing agency to adopt a child.

(4) "Aftercare" means services provided to the child after discharge from a child-placing agency.

(5) "Applicant" means an individual or a family subject to approval by the child-placing agency as a:

(a) Foster home; or

(b) Adoptive home.

(6) "Board of directors" is defined by KRS 273.161(8).

(7) "Case management" means a process whereby a state agency or child-placing agency assesses the individualized needs of a child or family, arranges for the provision of services, and maintains documentation of actions and outcomes.

(8) "Child" means a child as defined by KRS 199.011(4) and 600.020(9);

(9) "Child-placing agency" is defined by KRS 199.011(6).

(10) "Executive director" means the person employed by the board of directors to be responsible for the overall administration and management of a child-placing agency.

(11) "Foster home" means:

(a) A "foster family home" as defined by KRS 199.011(10) and 600.020(30), if referring to a physical structure; or

(b) Any individual approved as a foster parent by the child-placing agency, if referring to an individual.

(12) "Home study" means an assessment done on a prospective foster or adoptive home by a social services worker that meets the requirements specified in 922 KAR 1:310, Section 4(3).

(13) "Independent living services" means services provided to an eligible child age fourteen (14) or older, as specified in 922 KAR 1:310, Section 15, to assist the child in the natural progression from adolescence to adulthood.

(14) "Individual treatment plan" or "ITP" means a plan of action developed and implemented to address the needs of a child.

(15) "Placement" means:

(a) The physical relocation of a child removed from the child's home of origin with a provider of out-of-home services; or

(b) A foster or adoptive home that has been approved by completing an application process, home study, and required preparation.

(16) "Qualified mental health professional" is defined by KRS 600.020(52).

(17) "Respite care" means temporary care provided by another individual or family that meets requirements specified in Section 7 of this administrative regulation to meet the needs of the child or provide relief to a foster care parent with the expectation that the child shall return to the foster home.

(18) "Social services worker" means a person retained by a child-placing agency who meets the qualifications as specified in 922 KAR 1:310, Section 2(4)(c).

(19) "Supervision plan" means a written supplement to a child's ITP, developed pursuant to Section 6(7)(b)2. of 922 KAR 1:310, that details a child-placing agency's roles and responsibilities to assure adequate supervision of a child in the agency's care, including those roles and responsibilities delegated to a foster home parent.

Section 2. Administration and Operation. A child-placing agency that places a child pursuant to this administrative regulation shall also meet the requirements established in 922 KAR 1:310, Section 2.

Section 3. Interstate Placement.

(1) A child-placing agency that accepts a child from another state or places a child outside of Kentucky shall meet the requirements established in 922 KAR 1:310, Section 3.

(2) A child-placing agency that is assisting with an Interstate Compact Placement for a child who is placed due to a disrupted or dissolved adoption shall:

(a) Assist in the obtainment of a therapeutic recommendation from a qualified mental health professional regarding the child being placed into the proposed placement;

(b) Ensure that the prospective adoptive parents have spoken with the qualified mental health professional that has been providing services to the child;

(c) Assist in the development of a thorough transition plan for the child adhering to the child's qualified mental health provider's recommendations;

(d) Assist in the procurement of services and providers within the receiving state, prior to the placement of the child;

(e) Provide a minimum of monthly face-to-face supervision in the home and support to the child and family if placed in Kentucky until the finalization of the adoption;

(f) Continually assess for any safety risks within the home and provide a written plan for safety, if necessary or requested; and

(g) Ensure that the child is placed for at least six (6) months prior to finalization of the adoption.

Section 4. Evaluation of an Applicant. A child-placing agency's staff shall recruit a prospective foster or adoptive home in accordance with 922 KAR 1:310, Section 4.

Section 5. Orientation and Preparation of a Foster Home for a Child not in the Custody of a State Agency.

(1) A child-placing agency shall meet the requirements established in 922 KAR 1:310, Section 5.

(2) Training provided in accordance with 922 KAR 1:495 may be utilized for a foster home that cares for a child not in the custody of a state agency if the governmental agency or individual with oversight of the child approves the training.

Section 6. Expectations for a Foster Home Caring for a Child not in the Custody of a State Agency. An approved foster home shall:

(1) Provide a child placed by the child-placing agency with a family life, including:

(a) Nutritious food;

(b) Clothing comparable in quality and variety to that worn by other children with whom the child may associate;

(d) Life skills development;

(e) Recreational opportunities;

(f) Education opportunities;

(g) Nonmedical transportation;

(h) Opportunities for development consistent with the child's religious, ethnic, and cultural heritage;

(i) Adequate supervision;

(j) Independent living services for a child fourteen (14) years of age or older; and

(k) Refraining from smoking in the direct presence of a child for whom their physician recommends, in writing, a smoke-free environment.

(2) Permit the approving child-placing agency and cabinet staff to visit the home;

(3) Share with the child-placing agency any information about the child placed by the child-placing agency;

(4) Notify the child-placing agency fourteen (14) calendar days prior if the home is approved to provide foster or adoptive services through another private child-placing agency;

(5) Notify the child-placing agency prior to:

(a) Leaving the state with a child placed by the child-placing agency for more than twenty-four (24) hours; or

(b) Allowing a child placed by the child-placing agency to be absent from the foster home for more than twenty-four (24) hours;

(6) Report immediately to the child-placing agency through which the child is placed if there is:

(a) A hospitalization or life-threatening accident or illness;

(b) An absence without official leave;

(d) Criminal activity by the child;

(e) Death of any member in the household;

(f) A child's possession of a deadly weapon;

(g) Change in address;

(h) Change in the number of people living in the home;

(i) Significant change in circumstance in the foster home; or

(j) Failure of the foster child or foster parent to comply with the supervision plan;

(7) Cooperate with the child-placing agency if child-placing agency staff arranges for a child, placed in the foster home by the child-placing agency, and the child's birth family regarding:

(a) Visits;

(b) Telephone calls; or

(8) Surrender a child or children to the authorized representative of the child-placing agency which has custody of the child, upon request;

(9) Keep confidential all personal or protected health information as shared by the child-placing agency, in accordance with KRS 194A.060 and 45 C.F.R. Parts 160 and 164, concerning a child placed in a home or the child's birth family;

(10) Support an assessment of the service needs, including respite care, and the development of an ITP, including the supervision plan, of a child placed by the child-placing agency;

(11) Participate in a planning conference concerning a child placed by the child-placing agency;

(12) Cooperate with the implementation of the permanency planning established for a child placed by the child-placing agency;

(13) Facilitate the delivery of medical care to a child placed by the child-placing agency as needed, including:

(a) Administration of medication to the child and daily documentation of the administration; and

(b) Physicals and examinations for the child;

(14) Treat a child placed by the child-placing agency with dignity;

(15) Report suspected incidents of child abuse, neglect, and exploitation in accordance with KRS 620.030; and

(16) Comply with general supervision and direction of the child-placing agency concerning the care of the child placed by the child-placing agency.

Section 7. Respite for a Foster Home Caring for a Child not in the Custody of a State Agency.

(1) The child-placing agency shall develop written policies and procedures to address the respite care needs of a child or a foster parent.

(2) Respite care shall not be used as a means of placement for a child.

(3) Respite care shall be in accordance with 922 KAR 1:310, Section 3(2).

(4) The child-placing agency shall not approve a respite care provider unless the provider meets requirements specified by 922 KAR 1:310, Section 4(3)(b), (d), and (m) through (u).

(5) A respite care provider shall:

(a) Receive, from the agency or foster parent, preparation for placement of a child, including information regarding the child's needs and the supervision plan of the child;

(b) Provide adequate supervision in accordance with the child's supervision plan;

(c)

Give relief to a foster parent caring for a child; or
Provide for a de-escalation period for a child.

Section 8. Private Foster Placement Process. A child-placing agency shall follow the procedures established by this section if a private foster placement is conducted.

(1) For a child being placed with a child-placing agency, the child-placing agency shall obtain an:

(a) Agreement for voluntary care signed by the custodian; or

(b) Order from a court of competent jurisdiction placing the child into the custody of the child-placing agency.

(2) The child-placing agency shall:

(a) Complete an intake assessment of the strengths and needs of the child and the child's family of origin; and

(b) Ascertain the appropriateness of the referral for the child.

(3)

(a) The child-placing agency shall develop an ITP individualized for a child and the child's family based on an individualized assessment of the child's and family's needs:

Within thirty (30) days of the child's placement with the child-placing agency; or
Prior to the child being placed out of state.

(b) An exception to the requirement specified in paragraph (a) of this subsection may be made for a child:

Under the age of twelve (12) months; and
With no extraordinary needs.

(d) The assessment and ITP shall include the type and extent of services to be provided to the child and the child's family.

(e) Assessment of the child shall include consideration of the following history:

Behavioral health treatment;
Trauma;
Risk for harm to self or others; and
Past behaviors or safety issues that could increase the likelihood of placement disruption.

(4) Unless not in the best interest of the child, the child, parent, and foster parent shall be included in developing the assessment and ITP.

(5)

(a) The foster home selected for placement shall be the most appropriate home based on the child's needs and the strengths of the foster family.

(b) The foster home shall be located as close as possible to the home of the family of origin, in order to facilitate visiting and reunification.

(6)

(a) The social services worker and the foster parent shall work collaboratively to prepare the child prior to the placement.

(b) Unless a circumstance precludes preparation and the circumstance is documented in the case record, a child shall have a period of preparation prior to the placement in the foster home.

(7) The child-placing agency shall:

(a) Provide or arrange for services to support reunification for a child for whom family reunification is the plan;

(b) Assess and document the parent's capacity for reunification quarterly;

(c) Provide for review of the child in order to evaluate the progress toward achieving the child's permanency plan every six (6) months; and

(d) Assess whether foster care continues to be the best placement for the child.

(8)

(a) Services to the family of origin and to the child shall be adapted to their individual capacities, needs, and difficulties.

(b) A reasonable effort shall be made to return the child to the family of origin.

(9) Planning for the child regarding treatment program matters, including visitation, health, education, and permanency plans, shall be developed in collaboration with the:

(a) Family of origin;

(b) The child's qualified mental health provider, if applicable;

(d) Foster home.

(10)

(a) The child-placing agency shall work with a foster home to promote stability and avoid disruption for a child, to include:

Services specified in Section 6(1) through (3), and (7) through (11) of 922 KAR 3:010; and
Reevaluation of the foster home in accordance with Section 14 of this administrative regulation.

(b) A request for the removal of a child from a foster home shall be explored immediately and shall be documented by the social services worker.

(c) If disruption is unavoidable, the child-placing agency and foster home shall develop a plan for the smooth transition of the child to a new placement.

(11)

(a) Preparation for the return of a child to the family of origin shall be supervised by a social services worker.

(b) The child's family shall participate in planning for the child's return.

(c) If regular contact with the child's family does not occur, a plan for the child's return shall include at least one (1):

Prior visit between the child and the family; and
Preliminary visit of the child to the child's family home.

(12) The child-placing agency shall recommend a plan for aftercare services for a child and the child's family.

Section 9. Maintenance of a Foster Care Record. The child-placing agency shall maintain a record on each child and foster home in accordance with 922 KAR 1:310, Section 16.

Section 10. Orientation and Preparation of an Adoptive Home for a Child not in the Custody of a State Agency. For a child not in the custody of a state agency, a child-placing agency shall:

(1) Prepare and maintain the orientation and preparation curriculum on file;

(2) Provide orientation and preparation to a prospective adoptive home in accordance with the child-placing agency's policies and procedures to include the following:

(a) An example of an actual experience from a parent who has adopted a child;

(b) Challenging behavior characteristics of an adoptive older child;

(d) Transition issues with focus on stages of grief, and a honeymoon period, if applicable;

(e) Loss and the long-term effects on a child;

(f) Attachment and identity issues of the child;

(g) Cultural competency;

(h) Medical issues including referral resources;

(i) Family functioning, family values, and expectations of an adoptive home;

(j) Identification of changes that may occur in the family unit upon the placement of a child to include:

Family adjustment and disruption;
Identity issues; and
Discipline; and

(k) Financial assistance available to an adoptive home; and

(3) Ensure that an approved adoptive home awaiting the placement of a child receives adoptive home training annually in accordance with the child-placing agency's established policies and procedures.

Section 11. Adoption Placement Process for a Child not in the Custody of a State Agency.

(1) A child shall not be placed for adoption until the:

(a) Adoptive home has been approved; and

(b)

Parental rights of the mother, legal or birth father, and putative father of the child, if applicable and not the same person as the legal father, are terminated by a circuit court order entered pursuant to KRS Chapter 625; or
The mother, legal or birth father, and putative father of the child, if applicable and not the same person as the legal father, have consented to placement with the child-placing agency for the purpose of adoption placement.

(2) A child's parent shall not be persuaded to terminate parental rights by a promise of financial aid or other consideration.

(3)

(a) A child-placing agency licensed by the cabinet shall not use the authority authorizing the agency to place a child for adoption to facilitate an adoptive placement planned by a doctor, lawyer, clergyman, or person or entity outside the child-placing agency.

(b) The child-placing agency shall comply with provisions of 922 KAR 1:010.

(4) The child-placing agency shall obtain the following:

(a) A developmental history of the adoptive child to include:

Birth and health history;
Early development;
Characteristic ways the child responds to people and situations;
Any deviation from the range of normal development;
The experiences of the child prior to the decision to place the child for adoption;
Maternal attitude during pregnancy and early infancy;
Continuity of parental care and affection;
Out-of-home placement history;
Separation experiences; and
Information about the mother, legal father, and putative father, if applicable and not the same person as the legal father, and family background:

a. That may affect the child's normal development in order to determine the presence of a significant hereditary factor or pathology; and

b. Including an illness of the biological mother or father;

(b) A social history of the biological or legal parent, to include:

Name;
Age;
Nationality;
Education;
Religion or faith; and
Occupation;

Social services worker; and
Physician or other health professional;

(d) If indicated, information obtained from direct study and observation of the child by a:

Foster parent;
Nurse;
Psychologist; or
Other consultants; and

(e) Information from the mother, if possible, identifying the biological father, or legal father, if different from the biological father, for the purpose of:

Determining the father's parental rights; and
Establishment of possible hereditary endowments.

(5) If either biological or legal parent is unavailable, unwilling, or unable to assist with the completion of information necessary to comply with KRS 199.520 and 199.572, the child-placing agency shall document information, to the extent possible, from the existing case record.

(6) Prior to finalization of the adoptive placement, a licensed physician or other health professional shall make a medical examination to determine:

(a) The state of the child's health;

(b) Any significant factor that may interfere with normal development; and

(7) The condition under which an adoptive home agrees to accept the child shall be decided upon, prior to placement of the child. The written agreement between the child-placing agency and the adoptive home shall embody the following provisions:

(a) The adoptive home shall agree to:

Comply with KRS 199.470;
File an adoptive petition at a time agreeable to the adoptive home and the child-placing agency; and
Permit supervision by the child-placing agency in accordance with the child-placing agency's policies and procedures:

a. After placement; and

b. Preceding a final judgment of adoption by the circuit court;

(b) The child-placing agency shall be responsible for providing the adoptive home with written information regarding the child's:

Background;
Medical history;
Current behavior; and
Medical information necessary to comply with KRS 199.520(4)(a); and

(c) The adoptive home and the child-placing agency shall agree that the child may be removed from the placement, at the request of either party, before the filing of the adoptive petition.

(8)

(a) The child-placing agency shall arrange preplacement visits for the adoptive home and a child.

(b) The pattern and number of visits shall be based on the child's:

Age;
Development; and
Needs.

(9) During preparation, the child-placing agency shall discuss the child's readiness to accept the selected placement with the child, in accordance with the child's age and ability to understand.

(10)

(a) Unless the child-placing agency and, if applicable, the state agency which has custody of a child belonging to a sibling group, determines that it is more beneficial for siblings to be placed in separate adoptive homes, siblings who have had a relationship with each other shall be placed together.

(b) If siblings have been separated in placements:

The case record shall reflect a valid basis for the separation;
The decision to separate siblings shall be made by the executive director of the child-placing agency; and
Continued contact between siblings shall be maintained, if possible.

(11) A child-placing agency shall comply with Section 6(1)(b) of 922 KAR 1:310 during the process of placing a child in a prospective adoptive home.

(12) If a prospective adoptive home is awaiting an international adoption, the child-placing agency shall conduct a reevaluation of the home once every eighteen (18) months.

Section 12. Supervision of an Adoptive Placement of a Child not in the Custody of a State Agency.

(1) For a child not in the custody of a state agency, the child-placing agency placing a child shall remain responsible for the child until the adoption has been granted. This responsibility shall involve the following:

(a) A minimum of two (2) meetings by the social services worker with the child and the adoptive home, including both adoptive parents if not a single parent adoption, one (1) visit of which shall be in the adoptive home before filing of the adoption petition;

(b) The continuation of case management, visits, and telephone contacts based upon the needs of the child until the adoption is legally granted; and

(2) For a placement made through the Interstate Compact on the Placement of Children, supervision shall occur in accordance with Section 3 of this administrative regulation.

(3) The child-placing agency shall:

(a) Provide information pursuant to KRS 199.510, as necessary to report to the court to proceed with adoption;

(b) Prepare and provide the original confidential report to the court; and

The confidential report that was provided to the court; and
Information required by KRS 199.520 and 199.572.

(4) If the court finds the adoptive home to be unsuitable and refuses to grant a judgment, the child-placing agency shall remove the child from the home.

Section 13. Maintenance of Adoptive Case Record. The child-placing agency shall maintain a case record in accordance with 922 KAR 1:310, Section 17.

Section 14. Reevaluation of an Approved Foster or Adoptive Home. A child-placing agency shall reevaluate an approved foster home or approved adoptive home awaiting placement in accordance with 922 KAR 1:310, Section 14.

Section 15. Closure of an Approved Foster or Adoptive Home. A child-placing agency shall close a foster or adoptive home in accordance with 922 KAR 1:310, Section 18.

History

RELATES TO: KRS 194A.060, 199.011, 199.470, 199.510, 199.520, 199.572, 199.640, 273.161(8), 600.020, Chapter 605, 620.030, Chapter 625, 45 C.F.R. Parts 160, 164
STATUTORY AUTHORITY: KRS 194A.050(1), 199.640(5)(a), 605.150(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.640(5)(a) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations establishing basic standards of care and service for child-caring facilities and child-placing agencies relating to the health and safety of all children in care, including children who are not in the custody of a state agency. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605. This administrative regulation establishes basic standards for child-placing agencies who are placing children who are not in the custody of a state agency.
History: 48 Ky.R. 2665; 49 Ky.R. 387; eff. 9-28-2022.

922 KAR 1:320 Service appeals {#sec-922-kar-1-320 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:320}

Section 1. Definitions.

(1) "Adoption assistance" means a payment under:

(a) KRS 199.555(2) and 922 KAR 1:050; or

(b) KRS 199.557 and 922 KAR 1:060.

(2) "Adult" is defined by KRS 209.020(4).

(3) "Case permanency plan" is defined by KRS 620.020(1) and described in KRS 620.230 for a child placed in the custody of the cabinet by an order of commitment.

(4) "Case plan" means a plan described in 922 KAR 1:430 for a child who is not placed in the custody of the cabinet by an order of commitment.

(5) "Case planning conference" means a meeting in which a case plan or a case permanency plan is developed or modified in accordance with KRS 620.180(2)(a)1.

(6) "Child" means:

(a) A child defined by KRS 199.011(4) and 600.020(9);

(b) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(e); or

(7) "Child welfare services" means benefits or services on behalf of a child meeting a purpose of 42 U.S.C. 601(a)(1), 621(1)-(4), 629, 670, or 1397.

(8) "Commissioner" means the Commissioner of the Department for Community Based Services or designee.

(9) "Contract agency" means a business or organization that offers child welfare, adult, or domestic violence services to the public through a contract or agreement with the cabinet.

(10) "Fictive kin" is defined by KRS 199.011(9) and 600.020(28).

(11) "General adult services" means a voluntary preventive service in accordance with 922 KAR 5:090.

(12) "Good cause" means justification for failure to carry forward with a legal obligation related to an appeal in accordance with Section 6(7) of this administrative regulation.

(13) "Kinship caregiver" means a qualified caretaker relative of a child with whom the child is placed as an alternative to foster care in accordance with 922 KAR 1:130.

(14) "Parent" is defined by KRS 600.020(46) and 42 U.S.C. 675(2) for child welfare benefits and services.

(15) "Protective services" is defined by KRS 209.020(5).

(16) "Relative" means an individual related to a child by blood, marriage, or adoption.

Section 2. Right to Appeal.

(1) A parent may request review of the following through an administrative hearing:

(a) Denial, reduction, modification, suspension, or termination of child welfare services provided by the cabinet;

(b) Closure of a child protective services case in accordance with:

922 KAR 1:330, Section 12; or
922 KAR 1:430, Section 4;

Respond with reasonable promptness to a request for child welfare services provided by the cabinet;
Complete a case plan or case permanency plan;
Provide or refer for services as specified in the case plan or case permanency plan; or
Meet a mandated timeframe for child protective services specified in 922 KAR 1:330; or

(d) The cabinet's determination that return home is not recommended for their child, in accordance with KRS 620.157.

(2) A foster parent approved by the department in accordance with 922 KAR 1:350 or an adoptive parent may request review of the following through an administrative hearing:

(a) Failure by the cabinet to:

Process reimbursement to the home with reasonable promptness;
Provide information required by KRS 605.090(1)(b) and (6);
Advise an adoptive parent of the availability of adoption assistance in accordance with 922 KAR 1:050 or 922 KAR 1:060; or
Provide an adoptive parent with known relevant facts regarding the:

a. Child;

b. Child's background prior to finalization of the adoption; and

c. Child's biological family;

(b) Determination of ineligibility for adoption assistance upon execution of an adoptive placement agreement under 922 KAR 1:050 or 922 KAR 1:060;

(c) Denial of a request for a change in payment level due to a change in circumstances of an adoptive parent or child when the adoption assistance agreement is renewed under 922 KAR 1:050 or 922 KAR 1:060; or

(d) Closure of a foster or adoptive home under 922 KAR 1:350 unless a provision of Section 3(1)(f), (g), (h), (i), or (j) of this administrative regulation applies.

(3) An approved and available adoptive parent outside the jurisdiction with responsibility for handling the case of an adoptive child may request an administrative hearing for the cabinet's denial or delay in placement of the child for adoption pursuant to 42 U.S.C. 671(a)(23).

(4)

(a) A kinship caregiver may request an administrative hearing pursuant to 922 KAR 1:130, Section 19.

(b) Pursuant to 922 KAR 1:130, Section 19(2), a kinship caregiver who is dissatisfied with an action or inaction on the part of the cabinet relating to financial assistance under the Kinship Care Program may request an administrative hearing under the provisions of 921 KAR 2:055.

(5) An applicant determined by the cabinet to be ineligible for a tuition waiver may request an administrative hearing pursuant to 922 KAR 1:450, Section 3.

(6) An applicant determined by the cabinet to be ineligible for an educational and training voucher may request an administrative hearing pursuant to 922 KAR 1:500, Section 5.

(7) An adult may request review of the following through an administrative hearing:

(a) The cabinet's denial of general adult services or protective services to an adult identified as a victim of abuse, neglect, or exploitation; or

(b) Failure by the cabinet to respond with reasonable promptness to a request for:

General adult services; or
Protective services for an adult.

(8) A non-parent relative or fictive kin caregiver who received physical custody of a child through a child abuse, neglect, or dependency action may appeal:

(a) Regarding a protection and permanency service as established in 922 KAR 1:565, Section 7; or

(b) A denial, reduction, modification, suspension, or termination of child welfare services unless a provision of Section 3(1)(f), (g), (h), (i), (j), or (n) of this administrative regulation applies.

(9) An individual aggrieved by an action of the cabinet may request an administrative hearing for a matter by which a Kentucky Revised Statute or 922 KAR Chapters 1 and 5 expressly permits the appeal of a cabinet action or alleged act.

(10) A parent or an adult aggrieved by an action of the cabinet may request review of the following through an administrative hearing:

(a) A cabinet denial, reduction, suspension, or termination of services or federally-funded benefits, payments, or financial assistance to which an individual may be entitled under 922 KAR Chapters 1 and 5; or

(b) A cabinet failure to act with reasonable promptness to a request for a federally-funded benefit, payment, or financial assistance to which an individual may be entitled under 922 KAR Chapters 1 and 5.

Section 3. Matters Not Appealable through an Administrative Hearing.

(1) The following shall not be subject to review through an administrative hearing:

(a) A matter in which a court:

Has previously made a judicial determination or issued an order on the same issue being appealed; or
Is currently engaged in legal proceedings regarding the same issue being appealed;

(b) A final administrative decision made by the cabinet or cabinet's designee as a result of a previous appeal on the same issue;

(d) Failure to submit a written request for appeal within the time frame established by Section 6(4)(b) of this administrative regulation;

(e) A decision to deny:

Approval of an individual seeking to provide foster or adoptive services or respite care in accordance with 922 KAR 1:350 or 922 KAR 1:310; or
A caretaker relative approval as a kinship caregiver if the:

a. Caretaker relative fails to meet the provisions of 922 KAR 1:130, Section 5; or

b. Child is ineligible in accordance with 922 KAR 1:130, Section 9;

(f) The cabinet's fitness determination of a relative or fictive kin in accordance with 922 KAR 1:565, Section 3;

(g) Removal of a foster child from a foster or adoptive home or respite care provider if the foster or adoptive home parent, respite care provider, or another individual residing in the home has been found by the cabinet to have abused, neglected, or exploited a child and the:

Foster or adoptive home parent, respite care provider, or other individual waived the right to appeal the substantiated incident; or
Substantiated incident was upheld after:

a. An administrative hearing; or

b. Judicial review;

(h) Removal of a child from a foster home, relative caregiver, or fictive kin caregiver for the purpose of:

Achieving a permanency goal described by 922 KAR 1:140; or
Uniting or reuniting the child with a sibling at the next placement;

(i) Closure of a foster or adoptive home if the cabinet has not placed a child in the home within the previous two (2) years;

(j) Closure of a relative, fictive kin, foster, or adoptive home according to the terms of the contract between the cabinet and the relative, fictive kin, foster, or adoptive home;

(k) A situation where state or federal law requires adjustment of a payment or grant, except if a payment or grant computation is incorrect;

(l) The per diem rate of reimbursement paid to a foster home parent; or

(m) A decision to not recommend a foster home parent in accordance with 922 KAR 1:350, Section 6(9), for enrollment in specialized training as a medically complex foster parent or care plus foster parent; or

(n) A request for foster care maintenance payment on behalf of a child who was not in the cabinet's legal custody during the period of time for which the payment is requested.

(2) A complaint of discrimination may be filed with the cabinet's Office of Human Resource Management in accordance with 920 KAR 1:090.

Section 4. Service Complaints.

(1) If a matter is not subject to review through an administrative hearing, a parent, relative or kinship caregiver, fictive kin caregiver, foster or adoptive parent approved by the department in accordance with 922 KAR 1:350, or an adult may:

(a) Attempt to resolve the issue by submitting a written complaint to the service region administrator or designee with-in thirty (30) calendar days after the date of the cabinet action or alleged act; or

(b) Contact the cabinet's Office of the Ombudsman and Administrative Review if the matter was not previously reviewed:

By that office; or
Pursuant to paragraph (a) of this subsection.

(2) A child who is in the custody of the cabinet, or a child who has aged out of the cabinet's custody within the previous twelve (12) months may file a complaint through the Office of the Ombudsman and Administrative Review for any of the following:

(a) Denial, reduction, modification, suspension, or termination of child welfare services provided by the cabinet;

(b) Closure of a child protective services case in accordance with:

922 KAR 1:330, Section 12; or
922 KAR 1:430, Section 4; or

Respond with reasonable promptness to a request for child welfare services provided by the cabinet;
Complete a case plan or case permanency plan;
Provide or refer for services as specified in the case plan or case permanency plan;
Meet a mandated timeframe for child protective services specified in 922 KAR 1:330; or
Demonstrate diligence in the protection and preservation of a foster child's right in accordance with KRS 620.363.

(3) A child described in subsection (2) of this section may file a complaint or a request for the commissioner's review in accordance with subsection (5) of this section with assistance from the child's authorized representative.

(4)

(a) The service region administrator, administrator's designee, or the cabinet's Office of the Ombudsman and Administrative Review shall provide a written response to the complainant within thirty (30) calendar days of receipt of a written complaint not subject to review through an administrative hearing.

(b) The service region administrator or the ombudsman may grant an extension to the response timeframe given in paragraph (a) of this subsection if:

Extenuating circumstances prolong the review of the complaint; and
Notice of the extension is provided to the complainant.

(5)

(a) A parent, relative or kinship caregiver, fictive kin caregiver, foster or adoptive parent approved by the department in accordance with 922 KAR 1:350, a child described in subsection (2) of this section, or an adult dissatisfied with a written response rendered by the service region administrator, administrator's designee, or the Office of the Ombudsman and Administrative Review may request that the commissioner review the complaint and the written response.

(b) A request for review shall be submitted in writing to the commissioner within ten (10) calendar days of receipt of the written response provided in accordance with subsection (4) of this section.

(c) Upon completion of the review, the commissioner shall render a written determination regarding the complaint within thirty (30) calendar days unless:

Extenuating circumstances prolong the review of the complaint; and
The commissioner notifies the complainant of the need for an extension to the timeframe specified in this paragraph.

(d) The department shall abide by the commissioner's written determination.

(6) The department shall compile data regarding service complaints to:

(a) Fulfill federal and state reporting requirements; and

(b) Use for program development and evaluation.

Section 5. Other Appeals.

(1) An individual who has been found by the cabinet to have abused or neglected a child may appeal the cabinet's finding through an administrative hearing in accordance with 922 KAR 1:480.

(2) An individual aggrieved by a cabinet action or inaction under 922 KAR Chapter 2 may appeal the action or inaction in accordance with 922 KAR 2:260.

Section 6. Request for Appeal.

(1) The cabinet shall provide a copy of the DPP-154, Protection and Permanency Service Appeal Request, to an individual:

(a) At each case planning conference;

(b) Upon denial, reduction, modification, suspension, or termination by the cabinet of:

Child welfare services provided by the cabinet;
General adult services or protective services, if notification does not present a risk of harm to the victim;
Adoption assistance; or
Other federally-funded program benefit described in 922 KAR Chapter 1 or 5; or

(2) At least ten (10) calendar days prior to the denial, reduction, modification, suspension, or termination of a benefit or services, the cabinet shall hand-deliver or mail the DPP-154A, Protection and Permanency Notice of Intended Action.

(3) The cabinet may take emergency action under KRS 13B.125.

(4) A request for appeal shall:

(a) Be written by the appellant, with the assistance of the cabinet or contract agency if the appellant is unable to comply without assistance;

(b) Be submitted to the cabinet no later than thirty (30) calendar days from the date:

That the notice provided in accordance with subsection (2) of this section was issued; or
Of the occurrence of the disputed action;

Cabinet action in dispute; or
Alleged act;

(d) Specify:

The reason the appellant disputes the cabinet's action;
Name of each cabinet staff person involved with the disputed action, if known; and
Date of the cabinet action or alleged act in dispute; and

(e) Include the notice provided in accordance with subsection (2) of this section, if available.

(5)

(a) Upon receipt of a written request for appeal, the cabinet shall determine whether the matter is subject to review through an administrative hearing.

(b) If the matter is not subject to review, the cabinet shall inform the individual in writing that the:

Matter is not appealable; and
Resolution of the matter may be pursued through the service complaint process described in Section 4 or 10 of this administrative regulation.

(6) If the cabinet receives a written request for appeal within ten (10) calendar days from the date the notice provided in accordance with subsection (2) of this section was issued or the date of the disputed action and the matter is appealable, the cabinet shall continue to provide federally-funded assistance in accordance with 45 C.F.R. 205.10(a)(6) pending the out-come of the appeal.

(7) The cabinet shall not dismiss a request for appeal if an appellant demonstrates good cause. Justification may include:

(a) An appellant's inability to comprehend the cabinet's written statement describing appeal rights; or

(b) A cabinet-sanctioned determination that the appellant or the appellant's legal representative is not at fault for failure to:

Submit a written request for appeal; or
Participate in a proceeding related to an administrative hearing.

Section 7. Administrative Hearing. Each administrative hearing conducted by the cabinet or designee shall comply with KRS Chapter 13B.

Section 8. Recommended Order.

(1) A copy of the recommended order shall be sent simultaneously to:

(a) Each party to the administrative hearing;

(b) The commissioner of the Department for Community Based Services; and

(2) If a party to a hearing disagrees with the recommended order, the party may file a written exception as provided in KRS 13B.110(4) with the secretary, which shall:

(a) Be filed within fifteen (15) calendar days of the date the recommended order was mailed;

(b) Be based on facts and evidence presented at the hearing;

(d) Be sent to each party involved in the hearing.

Section 9. Final Order.

(1) The secretary of the Cabinet for Health and Family Services or designee shall issue a final order in accordance with KRS 13B.120.

(2)

(a) Unless waived by an appellant, final administrative action shall be taken within ninety (90) calendar days from the date of the request for an administrative hearing as required by 45 C.F.R. 205.10.

(b) If the appellant waives the ninety (90) calendar day requirement specified in paragraph (a) of this subsection, the hearing officer shall notify all parties to the hearing when final administrative action will be taken.

(3) An aggrieved party may petition for judicial review in accordance with:

(a) KRS 13B.140 to 13B.160; or

(b) KRS 23A.010.

Section 10. Contract Agencies.

(1) A contract agency shall offer a complaint process consistent with:

(a) Section 4 of this administrative regulation; or

(b) Provisions of the contract or agreement between the contract agency and the cabinet, if the provisions are different from Section 4 of this administrative regulation.

(2)

(a) An individual dissatisfied with a final written response rendered by a contract agency regarding a complaint may request that the commissioner review the complaint and the contract agency's written response.

(b) A request for review shall be submitted to the commissioner within ten (10) calendar days of the contract agency's written response.

(c) Upon completion of the review, the commissioner shall render a written determination regarding the complaint within thirty (30) calendar days unless:

Extenuating circumstances prolong the review of the complaint; and
The commissioner notifies the client of the need for an extension to the timeframe specified in this paragraph.

(d) The contract agency shall abide by the commissioner's written determination.

Section 11. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-154, Protection and Permanency Service Appeal Request", 12/2019; and

(b) "DPP-154A, Protection and Permanency Notice of Intended Action", 6/2019.

History

RELATES TO: KRS 2.015, Chapter 13B, 23A.010, 194A.005, 194A.030(11), 199.011(4), (9), 199.555(2), 199.557, 209.020(4), (5), 209A.020(4), (5), 600.020(9), (28), (46), 605.090(1)(b), (6), 610.110(6), 620.020(1), 620.140(1)(e), 620.142, 620.157, 620.180(2)(a)1, 620.230, 620.363, 45 C.F.R. 205.10, 1355.21(b), 1355.30(p), 42 U.S.C. 601(a)(1), 621(1)-(4), 629, 670, 671(a)(23), 673, 675, 1397
STATUTORY AUTHORITY: KRS 13B.170(1), 194A.010(2), 194A.050(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.010(2) designates the Cabinet for Health and Family Services as the primary state agency responsible for leadership in protecting and promoting the well-being of Kentuckians through the delivery of quality human services. KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds, including 45 C.F.R. 205.10, made applicable to titles IV-B and IV-E programs by references in 45 C.F.R. 1355.21(b) and 1355.30(p). KRS 13B.170(1) authorizes promulgating administrative regulations necessary to carry out the provisions of KRS Chapter 13B. This administrative regulation establishes procedures related to appeals and complaints for benefits and services under 922 KAR Chapters 1 and 5.
History: 17 Ky.R. 3608; 18 Ky.R. 316; eff. 8-21-1991; 20 Ky.R. 2431; 2855; eff. 3-23-1994; 23 Ky.R. 1786; 2528; eff. 11-20-1996; 25 Ky.R. 926; 1649; eff. 1-19-1999; Recodified from 905 KAR 1:320, 2-1-1999; 28 Ky.R. 2464; 29 Ky.R. 141; eff. 7-15-2002; 30 Ky.R. 1679; 2468; eff. 6-16-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 36 Ky.R. 1376; 1947; eff. 3-5-2010; 39 Ky.R. 2228; 40 Ky.R. 556; eff. 9-18-2013; 2377; 41 Ky.R. 77; 286; eff. 9-5-2014; 42 Ky.R. 2663; 43 Ky.R. 50; 221; eff 8-17-2016; 44 Ky.R. 420, 1064; eff. 1-5-2018; TAm eff. 5-29-2019; 416 Ky.R. 766, 1573; eff. 12-9-2019; TAm eff. 3-20-2020; Crt eff. 7-1-2026.

922 KAR 1:330 Child protective services {#sec-922-kar-1-330 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:330}

Section 1. Definitions.

(1) "Alternative response" means a preventive, proactive approach through which the cabinet engages with a family and connects a family to community-based services as an alternative to conducting an investigation.

(2) "Assessment" means the collection and analysis of information to determine the strengths and needs of a family in order to provide appropriate services .

(3) "Cabinet" is defined by KRS 194A.005(1) and 600.020(7).

(4) "Caretaker" means a parent, guardian, fictive kin, person in a position of authority or special trust as defined in KRS 532.045(1), or other person exercising custodial control or supervision of a child.

(5) "Child fatality" is defined by KRS 211.684(1)(a).

(6) "Child protective services" means preventive and corrective services directed toward:

(a) Safeguarding the rights and welfare of an abused, neglected, trafficked, or dependent child;

(b) Assuring for each child a safe and nurturing home;

(d) Strengthening family life; and

(e) Assisting a parent or other person responsible for the care of a child in recognizing and remedying conditions detrimental to the welfare of the child.

(7) "Dependent child" is defined by KRS 600.020(20).

(8) "Female genital mutilation" is defined by KRS 508.125(1).

(9) "Human trafficking" is defined by KRS 529.010(7).

(10) "Initial determination" means an evaluation made to determine the presence of safety threats and risk factors, resulting in a decision whether to proceed with an:

(a) Investigation; or

(b) Assessment.

(11) "Investigation" means a process of gathering facts and collecting information to evaluate risks and determine a finding pursuant to Section 10 of this administrative regulation.

(12) "Near fatality" is defined by KRS 600.020(40) and 42 U.S.C. 5106a(b)(4)(A).

(13) "No finding" means that the information contained in a report that met criteria to open an investigation has been found to be false or erroneous and no longer meets acceptance criteria.

(14) "Preponderance of evidence" means that evidence is sufficient to conclude that it is more likely than not that an alleged perpetrator committed an act of child abuse or neglect as defined by KRS 600.020(1).

(15) "Prior involvement" means any assessment or investigation, of which the cabinet has record, with a child or family in the area of protection and permanency prior to the child's fatality or near fatality investigation.

(16) "Services needed" means a low risk finding with no perpetrator that indicates a family needs to be linked to community services.

(17) "Sexual abuse" is defined by KRS 600.020(61).

(18) "Sexual exploitation" is defined by KRS 600.020(62).

(19) "Substantiated" means:

(a) An admission of abuse or neglect by the person responsible;

(b) A judicial finding of child abuse or neglect; or

(20) "Unable to locate" means that:

(a) Identifying information about the family is insufficient for locating them; or

(b) The family has moved and their new location is not known.

(21) "Unsubstantiated" means there is insufficient evidence, indicators, or justification present for substantiation of abuse or neglect.

(22) "Victim of human trafficking" is defined by KRS 529.010(16).

Section 2. A Report of Child Abuse, Neglect, Human Trafficking, Female Genital Mutilation, or Dependency.

(1) In accordance with 42 U.S.C. 5106a(b)(2)(B)(i), the cabinet shall accept reports of alleged child abuse, neglect, human trafficking, female genital mutilation, or dependency made pursuant to KRS 620.030.

(a) A twenty-four (24) hour on-call response system and the child abuse hotline, for the receipt of emergency reports after normal office hours, shall be made available to those in a community who may have information regarding:

Child abuse, neglect, or dependency; or
Human trafficking of a child.

(b) Cabinet staff or designee shall attempt to elicit from the person reporting suspected child abuse, neglect, dependency, female genital mutilation, or human trafficking as much information about the child's circumstances as possible, including:

Specific information as to the nature and extent of:

a. Abuse, neglect, or dependency;

b. Female genital mutilation; or

c. Human trafficking;

The cause of the abuse, neglect, or dependency;
The location of the child and family;
Knowledge or suspicion of a previous incident;
Identifying information regarding a witness to the alleged incident that resulted in the child's condition;
An action taken by the reporting person, if applicable;
Present danger or threat of danger to the child or cabinet staff; and
Information in accordance with KRS 620.030(2) through (4).

(c) The reporting person's identity shall remain confidential, unless ordered to be divulged by a court of competent jurisdiction.

(d) The cabinet shall investigate or accept as an assessment an anonymous report that provides sufficient information regarding an incident involving a child:

Who is alleged to be dependent; or
And alleged:

a. Abuse or neglect perpetrated by a caretaker;

b. Female genital mutilation, whether the person alleged to have caused it is a caretaker or not; or

c. Human trafficking of the child.

(e) Immunity from liability shall be in accordance with 42 U.S.C. 5106a(b)(2)(B)(vii) and KRS 620.050(1) and (2).

(2) The cabinet shall not undertake an investigation or assessment for a report of abuse or neglect allegedly perpetrated by a non-caretaker, with the exception of a report of human trafficking or female genital mutilation or a joint investigation with law enforcement pursuant to KRS 620.040(3), but shall refer the matter in compliance with KRS 620.030(1).

(3) Pursuant to KRS 620.040(1)(b) and (2)(b), if a report does not meet an acceptance criterion for an investigation or assessment, the cabinet shall:

(a) Not accept the report for investigation or assessment;

(b) Refer the caller to a community resource that may meet family needs if available; and

(4) Acceptance criteria for an investigation or assessment. The cabinet shall:

(a) Investigate or conduct an assessment upon the receipt of a report of physical abuse if the report alleges:

An injury that is, or has been, observed on a child that was allegedly inflicted non-accidentally by a caretaker;
Physical abuse if no current observable injury is seen;
A child being hit in a critical area of the body, such as the head, neck, genitals, abdomen, or back;
Physical injury to a child, as defined by KRS 600.020(49), that is the result of an altercation between the child and the caretaker. The cabinet shall explore the following:

a. Age of the child;

b. Precipitating factors;

c. Degree of appropriateness of force used by the caretaker; and

d. Need for further services to assist in eliminating violent behavior in the home;

A situation in which a child is likely to be physically abused; or
Physical injury to a child involved in an incident of domestic violence;

(b) Investigate or conduct an assessment upon receipt of a report that alleges neglect of a child perpetrated by a caretaker that may result in harm to the health and safety of a child in the following areas:

Hygiene neglect if:

a. A child has physical symptoms that require treatment due to poor care; or

b. The child's physical health and safety are negatively affected due to an act or omission by the caretaker;

Supervision neglect if the individual reporting has reason to believe that the physical health and safety of the child is negatively affected by lack of necessary and appropriate supervision;
Food neglect if a child shows symptoms of:

a. Malnutrition;

b. Dehydration; or

c. Not having been provided adequate food for a period of time that interferes with the health needs of the child, based on height or weight norms for the child's age;

Clothing neglect if a child suffers from:

a. Illness;

b. Exposure; or

c. Frostbite due to inadequate clothing provided to the child or the clothing provided is insufficient to protect the child from the elements;

Environmental neglect, if a serious health and safety hazard is present and the caretaker is not taking appropriate action to eliminate the problem;
Educational neglect if the:

a. School system has exhausted its resources to correct the problem and complied with its duties pursuant to KRS 159.140; and

b. Caretaker's neglect prevents the child from attending school or receiving appropriate education;

Medical neglect, in accordance with 42 U.S.C. 5106a(b)(2)(C), if a child has not received a medical assessment or is not receiving treatment for an injury, illness, or dis-ability that if left untreated may:

a. Be life-threatening;

b. Result in permanent impairment;

c. Interfere with normal functioning and worsen; or

d. Be a serious threat to the child's health due to the outbreak of a vaccine preventable disease, unless the child is granted an exception to immunization pursuant to KRS 214.036;

Neglect due to a caretaker's use of drugs or alcohol that results in:

a. A child born exposed to drugs or alcohol, as documented by a health care provider pursuant to:

(i) 42 U.S.C. 5106a(b)(2)(B)(ii); and

(ii) KRS 620.030(2);

b. A child's facilitated access to and use of drugs or alcohol that may result in a life-threatening situation for the child; or

Exploitation neglect if the caretaker has:

a. Used a child or child's financial resources for personal gain; or

b. Enticed a child to become involved in criminal activities;

(c) Investigate or conduct an assessment upon the receipt of a report of sexual abuse if the report alleges sexual abuse of a child committed or allowed to be committed by a caretaker. An investigation may be conducted without a specific allegation if a child:

Has a sexually transmitted disease; or
Exhibits physical or behavioral indicators of sexual abuse;

(d) Investigate or conduct an assessment upon the receipt of a report that alleges emotional injury or risk of emotional injury to a child by a caretaker pursuant to KRS 600.020(26), for which the cabinet may contract directly if necessary to meet this requirement in a timely manner;

(e) Investigate upon the receipt of a report that alleges human trafficking of a child pursuant to KRS 620.029, whether the alleged perpetrator is a caretaker or not. This shall include:

Child sex trafficking when the report includes a sex act involving a child performed in exchange for something of value or the offer or intent to exchange a sex act involving a child for something of value; or
Child labor trafficking when the report includes:

a. Forced labor or services provided by a child, as defined in KRS 529.010(5); or

b. A child being subjected to involuntary servitude, debt, or slavery; and

(f) Investigate or conduct an assessment upon the receipt of a report that alleges dependency if the report alleges that a child is dependent pursuant to KRS 600.020(20).

(5) The following criteria shall be used in identifying a report of abuse, neglect, human trafficking, or dependency not requiring a child protective services investigation or assessment:

(a) The victim of the report of abuse, neglect, human trafficking, or dependency is age eighteen (18) or older at the time of the report;

(b) There is insufficient information to locate the child or to explore leads to locate;

(d) The reporter notifies the cabinet that a child is injured, but the reporter does not allege injuries were the result of abuse or neglect;

(e) The report concerns custody changes, custody related issues, or lifestyle issues, without allegations of abuse, neglect, human trafficking, or dependency;

(f) Pursuant to KRS 503.110(1), corporal punishment appropriate to the age of the child, without an injury, mark, bruise, or substantial harm; or

(g) An allegation of spouse abuse to a married youth under the age eighteen (18).

(6) An abandoned newborn infant pursuant to KRS 620.350 shall be determined to be dependent unless indicators of child physical abuse or child neglect are present.

Section 3. Initial Investigation or Assessment.

(1) Based upon an accepted report of child abuse, neglect, human trafficking, or dependency, the cabinet shall, in accordance with KRS 620.040(1)(b) or (2)(b), and 42 U.S.C. 5106a(b)(2)(B)(iv), make an initial determination as to the presence of safety threats and risk factors to a child.

(2) The cabinet shall have face-to-face contact with the child or, in the case of a child fatality, initiate the investigation within four (4) hours after acceptance of the report if a report of child abuse, neglect, human trafficking, or dependency:

(a) Includes a child who is:

The alleged victim of a fatality or near fatality; or
A surviving child in the care of the alleged perpetrator of a child fatality or near fatality; or

(b)

Involves a child who is:

a. Under four (4) years of age; or

b. Unable to verbally or nonverbally communicate the child's needs as provided by the reporting source; and

Indicates an immediate safety threat to the child due to:

a. Physical abuse in accordance with Section 2(4)(a) of this administrative regulation;

b. Supervision neglect in accordance with Section 2(4)(b)2. of this administrative regulation; or

c. Sexual abuse in accordance with Section 2(4)(c) of this administrative regulation, and the alleged:

(i) Perpetrator has access to the child; or

(ii) Perpetrator's access to the child is unknown by the reporting source.

(3) The cabinet shall have face-to-face contact with the child within twenty-four (24) hours after acceptance of the report, if a report of child abuse, neglect, human trafficking, or dependency:

(a)

Indicates the presence of safety threats and risk factors to the child; or
Alleges the child is the victim of human trafficking or female genital mutilation; and

(b) Criteria of subsection (2) of this section are not met.

(4) If the report of child abuse, neglect, human trafficking, or dependency indicates a moderate level of risk to a child, the cabinet shall have face-to-face contact with the child within forty-eight (48) hours after acceptance of the report.

(5) If the report of child abuse, neglect, human trafficking, or dependency indicates a low level of risk to a child, the cabinet shall have face-to-face contact with the child within seventy-two (72) hours after acceptance of the report.

(6) If the report of child abuse, neglect, or dependency is eligible for alternative response, the cabinet shall have face-to-face contact with the child within five (5) working days.

(7) Cabinet staff shall be permitted to interview an alleged victim of child abuse or neglect without obtaining the consent of the caretaker in accordance with KRS 620.072.

(8) Cabinet staff may incorporate an unannounced home visit in accordance with KRS 620.072.

(9) Cabinet staff shall:

(a) Advise the individual under investigation of the complaints or allegations in accordance with 42 U.S.C. 5106a(b)(2)(B)(xviii); and

(b) Notify the parent or legal guardian of the child alleged to be abused, neglected, or dependent pursuant to KRS 620.050(5).

(10) A written assessment shall:

(a) Be completed by the cabinet on every report that meets acceptance criteria; and

(b) Document efforts if the cabinet is unable to locate the family.

(11) The cabinet shall provide or make a referral to any community-based service:

(a) Available to a child, caretaker, or a child's family:

In accordance with 42 U.S.C. 5106a(b)(2)(B)(v),(vi),(ix),(xi), or (xxi); or
Pursuant to KRS 620.029 or 620.040(1)(b) or (2)(b); and

(b) Necessary to:

Reduce risk to a child; and
Provide family support.

(12) The cabinet shall make a referral for early intervention services pursuant to 42 U.S.C. 5106a(b)(2)(B)(xxi) for a child under the age of three (3) who is involved in a substantiated case of abuse or neglect.

(13)

(a) The cabinet may develop a plan for services at any point during an investigation or assessment to protect the health and safety of a child.

(b) The plan shall be:

Developed in conjunction with a family and the family's identified support system;
Agreed upon by the participants;
Signed by all parties identified to participate in the plan, unless a party is unwilling or unable to sign; and
Provided to all participants.

(14) If an investigation or assessment is conducted as a result of a child being referred pursuant to Section 2(4)(b)8. of this administrative regulation, the cabinet shall develop a plan in accordance with 42 U.S.C. 5106a(b)(2)(B)(iii).

(15) Collateral contact shall be made pursuant to KRS 620.030, 620.040, and 620.050.

(16)

(a) A medical or psychological examination may be required if a report of female genital mutilation; human trafficking; or child abuse, neglect, or dependency alleges that a child has suffered physical or sexual harm or emotional injury.

(b) A medical examination shall be conducted in accordance with KRS 620.050(14).

(17) Cabinet staff shall coordinate an investigation with a children's advocacy center governed by 922 KAR 1:580, in accordance with KRS 620.040(6) and (7).

(18) Pursuant to KRS 620.030(6), an agency, institution, or facility serving the child or family shall provide cooperation, assistance, and information necessary for the cabinet to conduct an investigation or assessment.

(19) Photographs may be taken of a child or a child's environment during a protective services investigation or assessment in accordance with KRS 620.050(14).

(20) An interview with a child shall be conducted pursuant to KRS 620.040(6).

(21)

(a) A child sexual abuse, female genital mutilation, or human trafficking investigation shall be conducted jointly with law enforcement and other multidisciplinary team members pursuant to KRS 431.600(1) and (8), 620.040(3), and 42 U.S.C. 5106a(b)(2)(B)(xi).

(b) The cabinet's primary responsibility shall be the protection of the child.

(22) If there is reason to believe a child is in imminent danger, or if a parent or caretaker of a child refuses the cabinet entry to a child's home or refuses to allow a child to be interviewed, the cabinet may request assistance:

(a) From law enforcement; or

(b) Through a request for a court order pursuant to KRS 620.040(5)(a).

(23)

(a) If the court issues a search warrant for execution by law enforcement, cabinet staff may accompany law enforcement officers.

(b) Except as provided in KRS 605.090(3), the cabinet shall not remove a committed child from the child's home without a court order.

(24) At the request of law enforcement, the cabinet shall, pursuant to KRS 620.040(3):

(a) Provide assistance in interviewing an alleged child abuse victim in a non-caretaker report; and

(b) Not be the lead investigator in a non-caretaker investigation.

Section 4. Alleged Perpetrators of Abuse or Neglect Age Twelve (12) to Eighteen (18).

(1) A report of child abuse or neglect involving alleged perpetrators in a caretaking role age twelve (12) to eighteen (18) shall be subject to investigation or assessment.

(2) If substantiated, a child age twelve (12) to eighteen (18) shall be identified as the alleged perpetrator.

Section 5. Child Fatality or Near Fatality Investigations.

(1) The cabinet shall investigate a report of child fatality or near fatality alleged to be the result of abuse or neglect in accordance with KRS 620.040.

(2) If there is a surviving child in the care of the alleged perpetrator, the cabinet shall determine the safety of the surviving child through immediate assessment in accordance with this administrative regulation.

(3) If a child fatality or near fatality allegedly due to abuse or neglect occurs, cabinet staff shall immediately notify the service region administrator or designee.

(4) If a fatality or near fatality occurs to a child in the custody of the cabinet in an out-of-home placement, the cabinet shall make an immediate effort to notify:

(a) The biological or legal parents; and

(b) The Office of the Director of the Division of Protection and Permanency.

(5) If parental rights have been terminated, and there are special circumstances including ongoing contact with the child, the cabinet shall notify a child's biological or legal parents of the child's fatality or near fatality.

(6) The cabinet shall notify the Department of Public Advocacy, Protection and Advocacy Division, in the Justice and Public Safety Cabinet if:

(a)

A child identified as a protection and advocacy client dies as a result of alleged abuse or neglect; and
The alleged perpetrator is a person exercising custodial control or supervision; or

(b) A child fatality has occurred as a result of:

Placement in seclusion pursuant to 922 KAR 1:300; or
Physical management applied pursuant to 922 KAR 1:300.

(7) The cabinet shall notify the following persons, in writing, of a fatality of a child in the custody of the cabinet:

(a) Judge of the committing court; and

(b) Guardian ad litem for the deceased child.

(8) The cabinet may make public disclosure of a fatality or near fatality in accordance with:

(a) KRS 620.050(5) and (12); and

(b) 42 U.S.C. 5106a(b)(2)(B)(x).

(9) If the alleged perpetrator was not a caretaker, notification of the child fatality or near fatality shall be in accordance with KRS 620.030(1).

(10) The cabinet shall:

(a) Be in compliance with KRS 620.050(12) in cases where the cabinet has had prior involvement; and

(b) Provide annual reporting in accordance with 42 U.S.C. 5106a(d)(4)(5)(6)(11).

(11) If a child fatality or near fatality occurs in a licensed facility, the cabinet shall notify the licensing authority in accordance with 42 U.S.C. 5106a(b)(2)(B)(ix).

Section 6. Reports of Child Abuse, Neglect, Human Trafficking, or Dependency in Cabinet-approved Homes or Licensed Facilities.

(1) Pursuant to KRS 620.030(6), the cabinet shall have the authority to obtain necessary information to complete an investigation in a report of child abuse, neglect, human trafficking, or dependency in a:

(a) Child-caring facility licensed in accordance with 922 KAR 1:300 or its subcontractor;

(b) Child-placing agency licensed in accordance with 922 KAR 1:310 or its subcontractor;

(d) Family child-care home certified in accordance with 922 KAR 2:100;

(e) Child care provider registered in accordance with 922 KAR 2:180; or

(f) Foster, adoptive, or respite care provider home approved pursuant to 922 KAR 1:350.

(2) If a report of alleged child abuse, neglect, human trafficking, or dependency in a home approved pursuant to 922 KAR 1:310 or 922 KAR 1:350 is accepted, the designated cabinet staff shall:

(a) Immediately contact the service region administrator or designee; and

(b) Assign staff to conduct the investigation.

(3) If a report of alleged child abuse or neglect in a licensed child-care center, a certified family child-care home, or a registered child care provider is accepted, cabinet staff shall:

(a) Notify the cabinet's Division of Child Care to share information and request assistance in locating alternate care if needed; and

(b) Conduct an investigation.

(4) If a report of alleged child abuse or neglect in a licensed child-caring facility, child-placing agency placement, certified family child-care home, or licensed child-care center is accepted, cabinet staff shall:

(a) Notify the Office of the Inspector General, Division of Regulated Child Care; and

(b) Conduct an investigation.

If possible, an investigation shall be coordinated and conducted jointly with the Division of Regulated Child Care. However, if not possible, the cabinet shall proceed with an investigation.

a. An entrance interview with the facility administrator or designee shall be conducted; and

b. The nature of the report shall be outlined without disclosing the name of the reporting source.

If the cabinet substantiates the report of child abuse or neglect and the alleged perpetrator is an employee of the facility, the cabinet shall notify the provider or program director within ten (10) working days of determining the substantiated finding.

(5) The cabinet shall share written findings of an investigation with the Division of Child Care for a:

(a) Licensed child-care center;

(b) Certified family child-care home; or

(6) The cabinet shall share written findings of an investigation with the Office of the Inspector General for a:

(a) Licensed child-care center;

(b) Certified family child-care home;

(d) Licensed child-caring facility; or

(e) Licensed child-placing agency.

(7) As soon as practical after a determination has been made that a child is in imminent danger or that a child needs to be removed, verbal or written notification shall be provided to the Division of Child Care or to the Office of the Inspector General.

Section 7. Interviewing a Child in a School Setting.

(1) Pursuant to KRS 620.030(6) and 620.072(4), the cabinet may, upon receipt of a report of child abuse or neglect, initiate an investigation or assessment at a school, which may include the review and copying of relevant school records pertaining to the child.

(2) If initiating an investigation or assessment at a school, the cabinet shall:

(a) Inform appropriate school personnel of the need to interview a child regarding the report; and

(b) Give necessary information concerning the allegation and investigation only to school personnel with a legitimate interest in the case.

Section 8. Investigation of an Employee of the School System. If a report of child abuse or neglect involving school personnel is accepted, the following shall apply:

(1) An investigation shall be conducted;

(2) If the allegation is made about a school employee in a caretaker role of a child, the cabinet shall, if possible, conduct an interview away from the school grounds, with each of the following persons:

(a) The child;

(b) The parent or legal guardian;

(d) Other collateral source, if any, in accordance with Section 3(15) of this administrative regulation;

(3) The findings shall be shared with the custodial parent or guardian and the alleged perpetrator;

(4) The cabinet shall notify the appropriate supervisor of the alleged perpetrator, in writing, of the following:

(a) That an investigation has been conducted;

(b) The results of the investigation; and

(5) A person desiring other information shall employ the open records procedure, as described in 922 KAR 1:510.

Section 9. Written Notice of Findings of Investigation. The cabinet shall provide notification to specified government officials in accordance with KRS 620.040(1) or (2) and 42 U.S.C. 5106a(b)(2)(B)(ix).

Section 10. Substantiation Criteria and Submission of Findings.

(1) The cabinet shall use the definitions of "abused or neglected child" in KRS 600.020(1) in determining if an allegation is substantiated.

(2) A finding of an investigation or assessment shall be based upon the:

(a) Information and evidence collected by the cabinet during the report's investigation or assessment; and

(b) Condition that is present, rather than an action taken to remediate an issue or concern pertaining to a child's health, safety, or welfare.

(3) Cabinet staff may find and substantiate abuse or neglect, or make a services needed finding, at any point during an investigation or assessment or prior to case closure and aftercare planning in accordance with Section 12 of this administrative regulation, if preponderance of the evidence exists.

(4)

(a) At the completion of an investigation or assessment involving a caretaker, the cabinet shall make a finding of:

Unsubstantiated child abuse or neglect;
Substantiated child abuse or neglect;
Child fatality or near fatality related to abuse or neglect;
Unable to locate the child;
Services needed for the child or child's family, which may include a dependent child;
No finding; or
Closed, which may include completed service provision or completed alternative response assessment.

(b) At the completion of an investigation involving human trafficking or female genital mutilation of a child by a non-caretaker, the cabinet shall make a finding of:

Confirmed;
Not confirmed; or
Unable to locate the child.

(5) A cabinet finding shall not be a judicial finding.

(6) The cabinet staff's supervisor or designee shall review and approve the final finding of the investigation or assessment.

(7) Upon approval of the finding by designated cabinet staff in a supervisory role, the cabinet shall send a notice of finding and notice of the perpetrator's right to appeal in accordance with 922 KAR 1:480, Section 2, to the alleged or substantiated perpetrator by certified mail to the last known address of the perpetrator.

(8) Upon approval of the finding by designated cabinet staff in a supervisory role, the cabinet shall:

(a) Send a notice of finding to the child's parent or guardian by certified mail; or

(b) Give a notice of finding to the parent or guardian, in person, with the parent or guardian and a witness signature to document receipt of the notice.

(9) The cabinet's notice of a substantiated finding of child abuse or neglect shall include:

(a) The factual basis for the finding of child abuse or neglect;

(b) The results of the investigation;

(d) A statement informing the perpetrator that the perpetrator's name shall be added to the central registry in accordance with 922 KAR 1:470.

Section 11. Appeals.

(1) The perpetrator of a substantiated finding of child abuse or neglect may request a hearing in accordance with 922 KAR 1:480.

(2) A person may have additional hearing rights as specified in 922 KAR 1:320.

Section 12. Closure.

(1)

(a) A decision to close a child protective services case shall be based on evidence that the factors resulting in the child abuse, neglect, human trafficking, or dependency have been resolved to the extent that the family is able to:

Protect the child; and
Meet the needs of the child.

(b) Prior to a case's closure in accordance with paragraph (a) of this subsection, designated cabinet staff in a supervisory role shall review and agree to the decision to close the child protective services case.

(2) If the cabinet does not have the authority to obtain court-ordered cooperation from a family, the cabinet shall close the child protective services investigation or assessment.

(3) Unless court-ordered cooperation from the family cannot be obtained in accordance in subsection (2) of this section, a child protective services case shall not be closed if withdrawal of services places a child at risk of abuse, neglect, or dependency.

(4) A family shall be:

(a) Notified in writing of the decision to close the protective services case; and

(b) Advised of the right to a fair hearing in compliance with 922 KAR 1:320, Section 2.

(5) Aftercare planning shall link a family to community resources for the purpose of continuing preventive measures if the cabinet discontinues services in accordance with this section.

(6) An aftercare plan shall be developed upon the completion of an investigation or assessment, if an issue or concern identified by the cabinet falls below the level that triggers a protection services case being opened.

(7)

(a) When it is determined that a protective services case is appropriate for closure, the cabinet shall work with the family to develop the aftercare plan.

(b) The focus of the aftercare plan shall be to prevent a recurrence of abuse, neglect, or dependency to the child in the home.

(8) The cabinet may open a child protective services case in accordance with 922 KAR 1:140, 1:400, or 1:430.

(9) The cabinet may request the assistance of a court of competent jurisdiction to protect the child in accordance with KRS 620.070.

History

RELATES TO: KRS 159.140, 194A.005(1), 202A.011, 211.684, 214.036, 431.600(1), (8), 503.110(1), 508.125(1), 529.010(5), (16), 532.045, 600.010, 600.020, 605.090(3), 605.130, 610.010(2)(d), (9), 620.010-620.050, 620.070, 620.072, 620.350, 620.990, 42 U.S.C. 5106a
STATUTORY AUTHORITY: KRS 194A.050(1), 605.150(1), 620.029(2)(a), 620.180(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605. KRS 620.180(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 620. KRS 620.029(2)(a) requires the cabinet, in consultation with agencies serving victims of human trafficking, to promulgate administrative regulations for the treatment of children who are reported to be victims of human trafficking as dependent, neglected, or abused children, including providing for appropriate screening, assessment, treatment, and services. 42 U.S.C. 5106a(b) establishes eligibility requirements for a state to receive a grant for a child abuse and neglect prevention and treatment program. This administrative regulation establishes cabinet procedures, congruent with eligibility requirements under 42 U.S.C. 5106a(b), for a child protection investigation or assessment of abuse, neglect, or dependency.
History: 17 Ky.R. 3612; eff. 8-21-1991; 20 Ky.R. 2435; eff. 3-23-1994; 21 Ky.R. 660; 1080; eff. 9-21-1994; 25 Ky.R. 1236; 1652; eff. 1-19-1999; Recodified from 905 KAR 1:330, eff. 2-1-1999; 27 Ky.R. 1960; 3112; eff. 5-14-2001; 30 Ky.R. 1682; 2471; eff. 6-16-2004; TAm eff. 1-27-2006; TAm eff. 8-24-2010; 40 Ky.R. 1375; 2187; eff. 5-2-2014; 44 Ky.R. 425, 1068; eff. 1-5-2018; TAm eff. 3-27-2019; 46 Ky.R.1038, 2093; eff. 2-27-2020; 47 Ky.R. 460; eff. 11-19-2020; 49 Ky.R. 1851, 2326; eff. 7-25-2023.

922 KAR 1:340 Standards for independent living programs {#sec-922-kar-1-340 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:340}

Section 1. Definitions.

(1) "Aftercare" means services provided to the child after discharge from a child-placing agency.

(2) "Cabinet" is defined by KRS 194A.005(1) and 600.020(7).

(3) "Child" means:

(a) A child as defined by KRS 199.011(4) and 600.020(9);

(b) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(d); or

(4) "Child-placing agency" is defined by KRS 199.011(6).

(5) "Community resource" means a service or activity available in the community in addition to those provided by the child-placing agency in the care and treatment of a child.

(6) "Independent living program" means a planned program that:

(a) Is licensed by the cabinet and designed to teach a child age eighteen (18) or older life skills that enable a child to become self-sufficient; and

(b) Meets the requirements established in Section 3(1) of this administrative regulation.

(7) "Independent living services" means services provided to an eligible child age fourteen (14) or older, as specified in 922 KAR 1:310, Section 15, to assist the child in the natural progression from adolescence to adulthood.

(8) "Individual treatment plan" or "ITP" means a plan of action developed and implemented to address the needs of a child.

(9) "Social services" means a planned program of assistance to help an individual move toward a mutual adjustment of the individual and the individual's environment.

(10) "Supervision plan" means a written supplement to a child's ITP, developed in accordance with 922 KAR 1:310, Section 6, that details a child-placing agency's roles and responsibilities to assure adequate supervision of a child in the agency's care, including those roles and responsibilities delegated to a foster home parent.

Section 2. Administration and Operation.

(1) Licensing procedures for an independent living program shall be:

(a) In compliance with 922 KAR 1:310 for a private child-placing agency; and

(b) Administered pursuant to 922 KAR 1:305.

(2) An independent living program shall meet the requirements of 922 KAR 1:310, Section 15.

Section 3. Independent Living Program and Services.

(1) A child-placing agency providing an independent living program shall be in compliance with 922 KAR 1:310, Section 15, and staff shall:

(a) Conduct and document an assessment of the child's skills and knowledge:

Within fourteen (14) days of a child's placement with the child-placing agency and provision of services by the agency's independent living program; and
Using a tool to assess:

a. Money management and consumer awareness;

b. Job search skills;

c. Job retention skills;

d. Use of and access to:

(i) Community resources;

(ii) Housing; and

(iii) Transportation;

e. Educational planning;

f. Emergency and safety skills;

g. Legal knowledge;

h. Interpersonal skills, including communication skills;

i. Health care knowledge, including knowledge of nutrition;

j. Human development knowledge, including sexuality;

k. Management of food, including food preparation;

l. Ability to maintain personal appearance;

m. Housekeeping; and

n. Leisure activities;

(b) Develop and update quarterly a written ITP within thirty (30) calendar days of a child's placement in an independent living program, to include:

Educational, job training, housing, and independent living goals;
Objectives to accomplish a goal;
Methods of service delivery necessary to achieve a goal and an objective;
Person responsible for each activity;
Specific timeframes to achieve a goal and an objective;
Identification of a discharge plan;
Plan for aftercare services; and
Plan for services from community resources;

(d) Train and document the training provided to designated independent living staff within thirty (30) days of employment on:

Content of the independent living curriculum;
Use of the independent living materials;
Application of the assessment tool;
Documentation methods used by the child-placing agency;
State and federal benefits available to current and former foster children;
State information web portals for foster children; and
Social media resources and regional independent living specialists available to foster children; and

(e) Maintain, teach, and support independent living in accordance with 42 U.S.C. 677(a), including:

Obtaining a high school diploma or equivalency and post-secondary education;
Obtaining vocational training;
Financial literacy, money management, and consumer awareness;
Career exploration andjob search skills;
Job placement and retention skills;
Community resources;
Securing stable housing;
Transportation, including driving instruction;
Emergency and safety skills;
Legal skills;
Interpersonal skills, including communication skills;
Health care, including nutrition, smoking avoidance, and preventive health activities;
Human development, including sexuality and pregnancy prevention;
Food management, including food preparation;
Maintaining personal appearance;
Housekeeping;
Leisure activities;
Voting rights and registration;
Registration for selective service, if applicable;
Self-esteem;
Anger and stress management;
Problem-solving skills;
Training and the opportunity to practice daily living skills;
Substance abuse prevention;
Developing and maintaining mental, emotional, and physical health;
Developing meaningful, permanent connections;
Educational planning;
Planning for the successful transition to adulthood, including obtaining necessary documentation; and
Decision-making and planning skills.

(2) Child-placing agency staff shall:

(a) With the exception permitted by subsection (6) of this section, be responsible for a child at least eighteen (18) years of age in an independent living program and provide supervision in accordance with the child's supervision plan;

(b) Be available for twenty-four (24) hours, seven (7) days a week crisis support for a child in the independent living program, regardless of the child's age;

Safety;
Use of alcohol; and
Illegal contraband;

(d) Maintain a caseload of no more than ten (10) children; and

(e) Document annual compliance with fire and building codes for any living unit in which the agency places a child.

(3)

(a) A living unit for a child in an independent living program shall be occupied by only a child or children approved to occupy the living unit by the child-placing agency.

(b) Nonresidents shall be asked to vacate the living unit.

(4) The child-placing agency shall assure and document that the living unit of a child in an independent living program:

(a) Does not present a hazard to the health and safety of the child;

(b) Is well ventilated and heated; and

(5) The child-placing agency shall maintain documentation for each child concerning:

(a) Assistance to the child in finding and keeping in touch with family, if possible;

(b) Physical and behavioral health services received by a child;

(d) Progress in an educational program, including vocational education;

(e) An assessment of the child's readiness to live independently; and

(f) Staff's contacts with the child, including observation of the child's living arrangement.

(6) A child that is seventeen (17) and one-half (1/2) years of age may be placed in a supervised independent living site or scattered independent living student housing site if an exception to subsection (2)(a) of this section is approved by the director of the Division for Protection and Permanency or designee.

Section 4. Independent Living Placement Types. A child-placing agency may provide independent living services to a child placed in:

(1) A supervised independent living site, which shall include an apartment unit or house with or without roommates that may have shared sleeping spaces, bathrooms, kitchens, or common areas, if an agency staff member:

(a) Is onsite with the child and available twenty-four (24) hours, seven (7) days a week;

(b) Distributes medication daily, if prescribed by a qualified medical provider;

(d) Ensures that the child meets daily curfew requirements established by the agency; or

(2) A scattered independent living site, which shall include an apartment unit, house, or student housing with or without roommates that may have shared sleeping spaces, bathrooms, kitchens, or common areas, if an agency staff member has at least one (1) face-to-face, in-person contact per week with the child.

History

RELATES TO: KRS 2.015, 199.011, 600.020, 610.110(6), 620.140(1)(d), 42 U.S.C. 677(a)(1)-(6)
STATUTORY AUTHORITY: KRS 194A.050(1), 199.640(5)(a), 605.150(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.640(5)(a) requires the Secretary of the Cabinet for Health and Family Services to promulgate administrative regulations establishing basic standards of care and service for child-caring facilities and child-placing agencies. KRS 605.150(1) permits the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605. This administrative regulation establishes basic standards of care for independent living programs.
History: 42 Ky.R. 216; 1259; 1532; eff. 11-18-2015; 48 Ky.R. 2656; 49 Ky.R. 392, 593; eff. 9-28-2022.

922 KAR 1:350 Requirements for public child welfare agency foster parents, adoptive parents, and respite care providers {#sec-922-kar-1-350 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:350}

Section 1. Definitions.

(1) "Adoptive home" means a home in which a parent is approved by the cabinet to provide services as specified in Section 2(11) of this administrative regulation.

(2) "Applicant" means an individual or family subject to approval by the cabinet as a foster or adoptive home.

(3) "Cabinet" is defined by KRS 194A.005(1) and 600.020(7).

(4) "Care Plus" means a foster care program for a child who is determined to have specialized care needs as specified in Section 7 of this administrative regulation.

(5) "Child" means:

(a) A child as defined by KRS 199.011(4) and 600.020(9);

(b) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(d); or

(6) "Child with medical complexity" means a child who has a medical condition in accordance with Section 6(1)(b) of this administrative regulation.

(7) "Commissioner" means commissioner of the Department for Community Based Services.

(8) "Department" means the Department for Community Based Services.

(9) "Fictive kin" is defined by KRS 199.011(9) and 600.020(28).

(10) "Foster home" means:

(a) A "foster family home" as defined by KRS 199.011(10) and 600.020(30), if referring to a physical structure; or

(b) If referring to an individual, any individual approved as a foster parent by the cabinet to provide services as specified in Section 2(11) of this administrative regulation.

(11) "Health professional" means a person actively licensed as a:

(a) Physician as defined by KRS 311.720(12);

(b) Physician assistant as defined by KRS 311.840(3);

(d) Registered nurse as defined by KRS 314.011(5) under the supervision of a physician.

(12) "Home study" means an assessment done on a prospective foster or adoptive home by a social services worker.

(13) "Independent living services" means services provided to an eligible child to assist the child in the natural progression from adolescence to adulthood.

(14) "Nonfamilial" means:

(a) Not related; and

(b) Not fictive kin.

(15) "Placement" means the physical change in the location and living arrangement of a child in the custody of the cabinet removed from the child's home of origin.

(16) "Relative" means an individual related to a child by blood, marriage, or adoption.

(17) "Respite care" means temporary care provided by a provider, as specified in Section 19 of this administrative regulation, to meet the needs of the child or provide relief to the foster or adoptive parents with the expectation of a child's return to the current foster or adoptive home.

Section 2. General Requirements for a Nonfamilial Foster or Adoptive Parent.

(1) This section establishes the requirements for a foster or adoptive parent applicant who is nonfamilial to a child in state custody.

(2) A foster or adoptive parent applicant shall be at least twenty-one (21) years of age.

(3) A foster or adoptive parent applicant shall provide proof of the applicant's United States citizenship or legal immigrant status, as described in 8 U.S.C. 1151, 8 U.S.C. 1181, and 42 C.F.R. 435.407.

(4)

(a) A married couple may apply to become foster or adoptive parents; or

(b) A single, unmarried person may apply to become a foster or adoptive parent.

(5) The decision to foster or adopt a child shall be agreed to by each adult member of the applicant's household.

(6) A foster or adoptive applicant shall participate in the home study process and complete required questionnaires, screening, and individual interviews and may be required to provide additional documentation in order to mitigate needs or concerns identified in the home study process.

(7)

(a) Each foster or adoptive applicant and adult member of the applicant's family shall submit a DPP-107, Health Information Required for Foster or Adoptive Parents, Applicants, or Adult Household Members, completed:

By a health professional who is not a member of the applicant's household, based upon health information within the past year, documenting:

a. The individual has no illness or condition that would present a health or safety risk to a child placed in the applicant's home, which may include a communicable disease; and

b. That there are no known health factors that would interfere with the applicant's ability to become a foster or adoptive parent;

As part of:

a. The initial application;

b. The reevaluation; or

c. A foster or adoptive home review pursuant to Section 15 of this administrative regulation; and

By all household members in which the household member discloses mental health and substance abuse issues, including any history of drug or alcohol abuse or treatment.

(b) The department shall require further documentation or evaluation to determine the suitability of the home if there is an indicator of current or past mental health or substance abuse issues in a household member.

(8) Each foster or adoptive parent applicant shall submit a DPP-108, Health Information Required for Foster or Adoptive Parents or Applicants Regarding Dependent Children, for each child member of the applicant family.

(9) A foster or adoptive parent applicant shall have a source of income:

(a) Sufficient to meet the applicant's household expenses; and

(b) Separate from:

Foster care reimbursement; or
Adoption assistance.

(10) Unless specified in a contract between the cabinet and a child welfare agency that provides foster care services, a foster or adoptive parent shall accept a child for foster care only from the cabinet.

(11) An approved foster or adoptive parent shall be willing to:

(a) Provide foster care services for a child placed in out-of-home care by the cabinet;

(b) Adopt a child:

Whose parent's parental rights have been terminated; and
Who is under the custodial control of the cabinet;

(d) Provide any combination of the services described in paragraphs (a) through (c) of this subsection.

(12) A foster or adoptive applicant shall provide to the cabinet:

(a)

The names of three (3) personal references including:

a. One (1) relative reference; and

b. Two (2) non-relative references.

The references required by subparagraph 1. of this paragraph shall:

a. Be interviewed by cabinet staff in person or by telephone; or

b. Provide letters of reference for the applicant; and

(b) Two (2) credit references or a credit report.

(13) Unless a documented exception exists and is approved by designated cabinet staff due to inaccessibility, each adult child of the foster or adoptive parent applicant who does not live in the home shall be interviewed by cabinet staff in person or by telephone regarding the applicant's parenting history.

(14) If applicable, verification shall be obtained from the foster or adoptive parent applicant regarding:

(a) Previous divorce;

(b) Death of a spouse; and

(15) A foster or adoptive parent applicant who does not have custody of his or her own child shall provide:

(a) A copy of the visitation order, if applicable;

(b) A copy of the child support order, if applicable; and

(16) A foster or adoptive parent applicant and any member of the applicant's household shall submit to the background checks required by 922 KAR 1:490.

Section 3. General Requirements for a Relative or Fictive Kin Foster or Adoptive Parent.

(1) This section establishes the requirements for a foster or adoptive parent applicant who is a relative or fictive kin to a child in state custody.

(2)

(a) Unless an exception is approved pursuant to paragraph (b) of this subsection, a foster or adoptive parent applicant shall be at least twenty-one (21) years of age.

(b) A foster or adoptive parent applicant between eighteen (18) and twenty-one (21) years of age may be approved as a foster or adoptive parent if cabinet staff determine the placement is in the best interest of the child.

(4)

(a) A married couple may apply to become foster or adoptive parents; or

(b) A single, unmarried person may apply to become a foster or adoptive parent.

(5) The decision to foster or adopt a child shall be agreed to by each adult member of the applicant's household.

(6) Unless specified in a contract between the cabinet and a child welfare agency that provides foster care services, a foster or adoptive parent shall accept a child for foster care only from the cabinet.

(7) A foster or adoptive applicant shall participate in the home study process and complete required questionnaires, screening, and individual interviews and may be required to provide additional documentation to mitigate needs or concerns identified in the home study process.

(8) An approved foster or adoptive parent shall be willing to:

(a) Provide foster care services for a child placed in out-of-home care by the cabinet;

(b) Adopt a child:

Whose parent's parental rights have been terminated; and
Who is under the custodial control of the cabinet;

(d) Enter into a subsidized permanent custody agreement; or

(e) Provide any combination of the services described in paragraphs (a) through (d) of this subsection.

(9) A foster or adoptive parent applicant who does not have custody of his or her own child shall provide:

(a) A copy of the visitation order, if applicable;

(b) A copy of the child support order, if applicable; and

(10) A foster or adoptive parent applicant and any member of the applicant's household shall submit to the background checks required by 922 KAR 1:490.

Section 4. Department Staff Applying to be a Foster or Adoptive Parent.

(1) A department employee who provides protection and permanency services may apply to adopt a child in the care and custody of the cabinet pursuant to Section 2 or 3 of this administrative regulation if the commissioner or designee approves the employee to adopt and the adoption is in the best interest of the child.

(2)

(a) A department employee who provides protection and permanency services may apply to be a respite care provider or foster parent for a child in the care and custody of the cabinet pursuant to Section 2 or 3 of this administrative regulation and shall be approved if applicable requirements are met and prior approval by the commissioner or designee is granted in writing through the service region administrator in the region of employment.

(b) If approval is granted, the department shall:

Ensure the employee completes pre-service training outside the region of employment, as applicable pursuant to 922 KAR 1:495;
Assign a social services worker outside of the applicant employee's region of employment to complete the home study;
Maintain the case outside of the applicant employee's region of employment; and
Ensure that the employee shall not accept the placement of a child from within the region of employment unless:

a. The employee is related to the child; or

b. The employee is determined to be fictive kin as the result of a relationship developed outside of employment prior to the child being placed in the custody of the cabinet.

Section 5. Home Environment.

(1) The foster or adoptive parent shall request written approval from designated cabinet staff to provide services as a:

(a) Certified provider of supports for community living in accordance with 907 KAR 12:010;

(b) Certified family child care home in accordance with 922 KAR 2:100; or

(2) If the foster or adoptive home adjoins a place of business open to the public, potential negative impact on the family and the child shall be examined including the:

(a) Hours of operation;

(b) Type of business; and

(3) The foster or adoptive parent shall have access to:

(a) Reliable transportation that meets the child's needs, including restraint requirements pursuant to KRS 189.125;

(b) School;

(d) Medical care; and

(e) Community facilities.

(4) A foster or adoptive parent who drives shall:

(a) Possess a valid driver's license;

(b) Possess proof of liability insurance; and

(5)

(a) More than four (4) children, including the foster or adoptive parent's own children, shall not share a bedroom, with thorough consideration given to each child's age, gender, and background.

(b) Children of different genders over the age of five (5) shall not share a bedroom except as approved by designated department staff if:

Necessary to facilitate the placement of a sibling group or children who are related and share a sibling-like relationship, such as cousins; and
There are no high-risk behaviors.

(6) Each child shall have:

(a) A separate bed that is age and size appropriate for the child; or

(b) If the child is under age one (1), a crib that meets Consumer Products Safety Commission standards pursuant to 16 C.F.R. 1219-1220.

(7) A child's mattress shall:

(a) Meet current Consumer Products Safety Commission Standards in 16 C.F.R. Parts 1632 and 1633;

(b) Be in good repair; and

Weekly; or
Immediately if it is soiled or wet.

(8) Except as approved by designated cabinet staff, a foster or adoptive parent shall not share a bedroom with a child under the custodial control of the cabinet unless necessary due to the needs of the child.

(9) A bedroom used by a child under the custodial control of the cabinet shall be comparable to other bedrooms in the house.

(10) The physical condition of the foster or adoptive home shall:

(a) Not present a hazard to the safety and health of a child;

(b) Be well heated and ventilated;

(d) Provide access to indoor and outdoor recreation space appropriate to the developmental needs of a child placed in the foster or adoptive home;

(e) Provide functioning kitchen facilities; and

(f) Provide a functioning bathroom, including a:

Toilet;
Sink; and
Bathtub or shower.

(11) The following shall be inaccessible to a child:

(a) Medication, unless an exception is granted pursuant to subsection (12) of this section;

(b) Alcoholic beverage;

(d) Ammunition; and

(e) Firearms in accordance with KRS 527.100 and 527.110.

(12) An exception may be provided by designated cabinet staff to subsection (11)(a) of this section if:

(a)

The child is approved by a health care professional to self-administer medicine under the supervision of the foster or adoptive parent; or
Emergency access to the medication may be necessary to save the child's life, such as in the case of severe allergic reaction or asthma attack; and

(b) Measures are taken to prevent unauthorized access by another child in the same home.

(13) Any household animal shall be vaccinated in accordance with KRS 258.015 and 258.035.

(14) A dangerous animal shall not be allowed near the child.

(15) First aid supplies shall be available and stored in a place easily accessible to an adult.

(16) A working telephone shall be accessible.

(17) The home shall be equipped with a working smoke alarm within ten (10) feet of each bedroom and on each floor of the home.

(18) A home with gas heating or appliances shall be equipped with a working carbon monoxide detector.

(19) Safety precautions related to an accessible swimming pool or body of water shall be documented, if applicable.

Section 6. Medically Complex Foster or Adoptive Home.

(1) An applicant shall be approved by cabinet staff as a medically complex home if the foster or adoptive parent:

(a) Meets the requirements in Sections 2 or 3 and 5 of this administrative regulation, except for Section 2(9), which may be considered as an exclusion on a case-by-case basis by designated cabinet staff based on the best interests or needs of the child;

(b) Cares for a child in the custody of the cabinet who is determined to be medically complex by designated cabinet staff due to:

Significant medically oriented care needs related to a serious illness or condition diagnosed by a health professional that may become unstable or change abruptly, resulting in a life-threatening event;
A chronic condition that is expected to be life-long and progressive and to require extensive services;
An acute, time-limited condition requiring additional oversight; or
A severe disability that requires the routine use of medical devices or assistive technology to compensate for the loss of a vital body function needed to participate in activities of daily living and significant and sustained care to avert death or further disability;

(c) Is a primary caretaker who is not employed outside the home, except as approved by designated cabinet staff and based on the needs of the child;

(d) Completes training in accordance with 922 KAR 1:495, Section 4;

(e) Receives training with documentation of completion from a health professional or a previous caregiver that was trained by a health professional in how to care for the specific child with medical complexity who shall be placed in the foster or adoptive parent's care;

(f) Maintains current certification in:

Infant, child, and adult CPR; and
First aid; and

(g) Has a home within:

One (1) hour of a medical hospital with an emergency room; and
Thirty (30) minutes of a local medical facility.

(2) Except for a sibling group or unless approved by designated cabinet staff in accordance with Section 18 of this administrative regulation, more than four (4) children, including the foster or adoptive parent's own children, shall not reside in a medically complex foster or adoptive home.

(3) Unless an exception is approved pursuant to Section 18(2) of this administrative regulation and a medically complex foster or adoptive home has daily support staff to meet the needs of a child with medical complexity:

(a) A one (1) parent medically complex foster or adoptive home shall:

Not care for more than one (1) child with medical complexity; and
Demonstrate access to available support services; and

(b) A two (2) parent medically complex foster or adoptive home shall:

Not care for more than two (2) children with medical complexity; and
Demonstrate access to available support services.

(4) Unless an exception pursuant to Section 18(2) of this administrative regulation is approved, a child with medical complexity shall be placed in an approved medically complex foster or adoptive home.

(5) Unless the home is closed pursuant to Section 16 of this administrative regulation, an approved medically complex foster or adoptive parent shall receive reapproval by the cabinet as a medically complex home if the parent:

(a) Annually completes training specified in 922 KAR 1:495, Section 4; and

(b) Continues to meet the requirements of this section.

(6) An approved medically complex foster or adoptive parent shall cooperate in carrying out the child's health plan.

Section 7. Care Plus Home.

(1) An applicant shall be approved by cabinet staff as a care plus parent if the foster or adoptive parent:

(a) Meets the requirements of Sections 2 or 3 and 5 of this administrative regulation, except for Section 2(9), which may be considered as an exclusion on a case-by-case basis by designated cabinet staff based on the best interests or needs of the child;

(b) Agrees to care for a child in the custody of the cabinet approved by cabinet staff as a care plus child. The child shall be approved as a care plus child if at least one (1) of the following criteria has been met: The child:

Has a diagnosed emotional or behavioral problem;
Is due to be released from a treatment facility;
Is aggressive, destructive, or displays disruptive behavior;
Is at risk of being placed in a more restrictive setting;
Is at risk of institutionalization; or
Has experienced numerous placement failures;

(c) Is a primary caretaker who is not employed outside the home, unless the cabinet determines that the child's needs continue to be met;

(d) Completes training in accordance with 922 KAR 1:495, Section 6; and

(e) Agrees to maintain a weekly record of the care plus child's activities and behaviors.

(2) Unless an exception is approved pursuant to Section 18(2) of this administrative regulation and the care plus home parent can demonstrate access to available support services:

(a) No more than four (4) children, including the foster or adoptive parent's own children, shall reside in a care plus home;

(b) A one (1) parent care plus home shall not care for more than one (1) care plus child as described in subsection (1)(b) of this section; and

(c) A two (2) parent care plus home shall not care for more than two (2) care plus children as described in subsection (1)(b) of this section.

(3) Unless the home is closed pursuant to Section 16 of this administrative regulation, an approved care plus foster or adoptive parent shall receive reapproval by the cabinet as a care plus home, if the parent:

(a) Annually completes training in accordance with 922 KAR 1:495, Section 6;

(b) Submits to a review of the parent's:

Strengths and needs;
Records maintained on services provided to the child; and
Ability to meet the goals established for the child; and

Section 8. Preparation and Selection of a Foster or Adoptive Home.

(1) The cabinet shall recruit a foster or adoptive home and approve the home prior to the placement of a child, except in the case of a placement with a relative or fictive kin caregiver.

(2) Upon recruitment of a foster home, the cabinet shall register the foster home in the foster care registry within fourteen (14) days.

(3) Prior to approval as a foster or adoptive parent, the cabinet shall check the foster care registry for information relating to a previous closure or corrective action.

(4) If an applicant previously approved to foster or adopt by a child-placing agency or the cabinet was:

(a) Closed pursuant to 922 KAR 1:310 or Section 16 of this administrative regulation, the home shall be reviewed by the cabinet, including reviewing agency records relating to the cause for closure, and may be approved and operated as a cabinet foster home; or

(b) Under a corrective action plan issued by a child-placing agency or the cabinet prior to closure, the cabinet shall review and approve the home study prior to the home being approved.

(5) Prior to approval as a foster or adoptive parent, an applicant shall complete training requirements in accordance with 922 KAR 1:495, if applicable.

(6) If a new adult moves into an approved foster or adoptive home where a child is already placed by the cabinet, the child may remain and additional children may be placed if the new adult:

(a) Completes training in accordance with subsection (5) of this section within six (6) months of entering the home; and

(b) Meets the applicable requirements of this administrative regulation.

(7) An adult child or incapacitated person who resides in the foster or adoptive home shall not be required to complete training in accordance with 922 KAR 1:495 if that individual shall not be responsible for routine daily care of a child placed in the home by the cabinet.

(8) The cabinet shall not be obligated to grant foster or adoptive home approval or placement of a specific child to an individual or family that completes pre-service training.

(9) In addition to completion of training in accordance with 922 KAR 1:495, at least one (1) family consultation shall be conducted by cabinet staff in the home of an applicant, to include:

(a) Documentation that the applicable requirements of this administrative regulation have been met;

(b) Documentation that a personal interview with each member of the applicant's household has been completed;

(d) Observation of the functioning of the applicant's household, including interpersonal relationships and patterns of interaction; and

(e) Assurance that the applicant is willing to accept a child's relationship with the child's family of origin.

(10) An applicant approved as a foster or adoptive parent or respite care provider by another state or by a child-placing agency as defined in KRS 199.011(6) shall:

(a) Meet the applicable requirements established within this administrative regulation;

(b) Be assessed by cabinet staff to ascertain the applicant's level of skill as a potential Kentucky foster or adoptive parent;

(c) Provide verification of the closure and a statement to indicate whether the closure was at the request of the foster or adoptive parent, the other state, or the agency; and

(d) Not be required to complete training in accordance with 922 KAR 1:495 for approval as a Kentucky foster or adoptive parent if cabinet staff:

Determine that the applicant possesses the necessary skills for fostering; and
Obtain records and recommendation from the other state or child-placing agency.

(11) Following initial training as specified in 922 KAR 1:495, if cabinet staff determines that an applicant or adult household member lacks the necessary skills to become a foster or adoptive parent, an individualized training curriculum shall be developed to fulfill unmet training needs.

(12)

(a) A foster or adoptive parent shall request the recommendation of cabinet staff prior to enrolling in training specified in 922 KAR 1:495, Section 4(1) or 6(1); and

(b) Cabinet staff may recommend the foster or adoptive parent to receive training specified in 922 KAR 1:495, Section 4(1) or 6(1), if the parent possesses the aptitude to care for a child described in Section 6(1)(b) or 7(1)(b) of this administrative regulation.

Section 9. Completion of the Foster or Adoptive Approval Process.

(1) Designated cabinet staff in a supervisory role shall approve a foster or adoptive applicant if:

(a) The applicant meets all applicable requirements of this administrative regulation;

(b) Designated cabinet staff recommends approval; and

Cabinet's minimum foster or adoptive home requirements established in this administrative regulation; and
Needs of the families and children served by the cabinet.

(2) If the designated cabinet staff determines that an applicant does not meet the minimum requirements for approval as a foster or adoptive parent, the cabinet shall:

(a)

Recommend that the applicant withdraw the application; or
Deny the application pursuant to Section 10 of this administrative regulation; and

(b) Document the recommendation or denial in the foster care registry.

Section 10. Denial of a Foster or Adoptive Home Application.

(1) Designated cabinet staff shall notify an applicant, in writing, if the application to become a foster or adoptive parent is not recommended or denied for one (1) of the following reasons:

(a) The applicant is unwilling to withdraw the application to become a foster or adoptive parent after receiving a recommendation to withdraw; or

(b) The applicant desires to adopt, but is unwilling to adopt a child under the custodial control of the cabinet.

(2) If the foster or adoptive applicant disagrees with the cabinet's recommendation to not accept the applicant as a foster or adoptive home or denial, designated cabinet staff shall review the application to become a foster or adoptive parent and issue a final written determination regarding the cabinet's recommendation or denial.

(3) Cabinet staff shall enter information regarding the recommendation, denial, and final determination, if written, into the foster care registry.

Section 11. Expectations of a Foster or Adoptive Home. A foster or adoptive home providing services for a child in the custody of the cabinet shall:

(1) Provide a child placed by the cabinet with a family life, including:

(a) Nutritious food;

(b) Clothing comparable in quality and variety to that worn by other children with whom the child may associate;

(d) Life skills development;

(e) Recreational opportunities;

(f) Educational opportunities;

(g) Nonmedical transportation;

(h) Independent living services for a child age fourteen (14) and older;

(i) Opportunities for development consistent with their religious, ethnic, and cultural heritage;

(j) Adequate supervision; and

(k) Refraining from smoking in the direct presence of a child for whom the child's physician recommends, in writing, a smoke-free environment;

(2) Permit cabinet staff to visit;

(3) Share with cabinet staff pertinent information about a child placed by the cabinet;

(4) Comply with the general supervision and direction of the cabinet concerning the care of a child placed by the cabinet;

(5) Report immediately to the cabinet if there is a:

(a) Change of address;

(b) Hospitalization or life-threatening accident or illness of a child placed by the cabinet;

(d) Significant change in circumstances in the foster or adoptive home, such as income loss, marital separation, or other household stressor;

(e) Child placed in the home that is absent without official leave;

(f) Suicide attempt of a child placed by the cabinet; or

(g) Criminal activity by the child placed by the cabinet;

(6) Notify the cabinet if:

(a) Leaving the state with a child placed by the cabinet for more than twenty-four (24) hours; or

(b) A child placed by the cabinet is to be absent from the foster or adoptive home for more than twenty-four (24) hours;

(7) Cooperate with the cabinet if a contact is arranged by cabinet staff between a child placed by the cabinet and the child's birth family including:

(a) Visits;

(b) Telephone calls;

(d) Other method approved by the cabinet;

(8) Surrender a child to the authorized representative of the cabinet upon request;

(9) Keep confidential all personal or protected health information as shared by the cabinet, in accordance with KRS 194A.060, 620.050, and 45 C.F.R. Parts 160 and 164 concerning a child placed by the cabinet or the child's birth family;

(10) Support an assessment of the service needs of a child placed by the cabinet;

(11) Participate in case-planning conferences concerning a child placed by the cabinet;

(12) Cooperate with the implementation of the permanency goal established for a child placed by the cabinet;

(13) Notify the cabinet at least fourteen (14) calendar days in advance of the home's intent to become certified to provide foster care or adoption services through a private child-placing agency in accordance with 922 KAR 1:310;

(14) Treat a child placed by the cabinet with dignity;

(15) Provide trauma-informed discipline;

(16) Arrange for respite care services in accordance with Section 12(5) of this administrative regulation;

(17) Ensure that a child in the custody of the cabinet receives the child's designated per diem allowance;

(18) Facilitate the delivery of medical care to a child placed by the cabinet as needed, including:

(a) Administration of medication to the child and daily documentation of the medication's administration; and

(b) Physicals and examinations for the child;

(19) Report suspected incidents of child abuse, neglect, and exploitation in accordance with KRS 620.030;

(20) Comply with KRS 620.360(2);

(21) Be informed of and comply with KRS 620.363;

(22) Have appeal rights in accordance with 922 KAR 1:320; and

(23) Demonstrate functional literacy.

Section 12. Reimbursements for Foster Homes.

(1) Types of per diem reimbursement. If the cabinet approves a foster home pursuant to this administrative regulation, it shall authorize a per diem reimbursement as established in this subsection.

(a) A basic per diem reimbursement shall be:

Based on the age of a child placed by the cabinet in the foster home; and
Made to the foster home that meets annual training requirements in accordance with 922 KAR 1:495, Section 3.

(b) An advanced per diem reimbursement shall be:

Made to a foster home that has:

a. Been approved for two (2) years as a foster or adoptive parent; and

b. Met training requirements in accordance with 922 KAR 1:495, Section 3; and

Based on the age of the child placed by the cabinet.

Meets criteria specified in Section 6 of this administrative regulation; and
Provides for the care of a child with medical complexity.

(d) An advanced medically complex per diem reimbursement shall be made to a foster parent who:

Meets criteria specified in Section 6 of this administrative regulation;
Has been approved for one (1) year as a medically complex foster or adoptive parent;
Has met training requirements in accordance with KRS 922 KAR 1:495, Section 3; and
Provides for the care of a child with medical complexity.

(e) A degreed medically complex per diem reimbursement shall be made to a foster parent who:

Meets criteria specified in Section 6 of this administrative regulation;
Maintains a current license as a health professional; and
Provides for the care of a child with medical complexity.

(f) A basic care plus foster home per diem reimbursement shall be made to a foster parent who:

Meets criteria specified in Section 7 of this administrative regulation; and
Provides for the care of a child described in Section 7(1)(b) of this administrative regulation.

(g) An advanced care plus foster home per diem reimbursement shall be made to a foster parent who:

Meets criteria specified in Section 7 of this administrative regulation;
Has been approved for one (1) year as a care plus foster or adoptive parent;
Has met training requirements in accordance with 922 KAR 1:495, Section 3(1); and
Provides for the care of a child described in Section 7(1)(b) of this administrative regulation.

(h) A specialized medically complex per diem reimbursement shall be made to a foster parent who:

Meets criteria specified in Section 6 of this administrative regulation; and
Provides for the care of a child with medical complexity determined by designated cabinet staff to meet specialized medically complex criteria due to a required higher level of medical care or oversight, which may also include behavioral or emotional needs related to the medical condition.

(i) A degreed specialized medically complex per diem reimbursement shall be made to a foster parent who:

Maintains a current license as a health professional;
Meets criteria specified in Section 6 of this administrative regulation; and
Provides for the care of a child with medical complexity determined by designated cabinet staff to meet specialized medically complex criteria due to a required higher level of medical care or oversight, which may also include behavioral or emotional needs related to the medical condition.

(j) Upon placement of a child by the cabinet, a per diem reimbursement shall:

Be specified in a contract between an approved foster home and the cabinet; and
Provide for the care of a child placed by the cabinet, to include:

a. Housing expenses;

b. Food-related expenses;

c. Nonmedical transportation;

d. Clothing;

e. Allowance;

f. Incidentals;

g. Babysitting, excluding childcare authorized in subsection (4)(b) of this section;

h. Sports, recreation, and school activities;

i. One (1) day of respite care per child per month; and

j. School expenses.

(2) Medical coverage.

(a) Cabinet staff may authorize payment for medical expenses for a child in the custody of the cabinet after verification is provided that the child is not covered by health insurance, Medicaid, or the Kentucky Children's Health Insurance Program (K-CHIP).

(b) Designated cabinet staff shall approve or deny authorization of payment for a medical treatment greater than $500.

(3) Child care services.

(a) The cabinet shall review requests for child care services every six (6) months for a working foster parent.

(b) Designated cabinet staff may approve requests for child care services for a nonworking foster parent if:

A medical crisis affects the foster parent; or
The child care is appropriate to support the foster home or child.

(c) Designated cabinet staff shall review approved requests for child care services for a nonworking foster parent every three (3) months.

(d) Reimbursements shall not be made simultaneously to the same provider for foster care and child care services.

(e) A foster parent shall not simultaneously be used as a licensed or certified health care or social service provider for a child placed in the foster parent's care by the cabinet.

(4) Training. To the extent funds are available, the cabinet shall provide a reimbursement to an approved foster or adoptive home for ongoing training expenses commensurate with the foster or adoptive parent's training needs, including:

(a) Mileage;

(b) Babysitting; and

$100 per parent per year; or
$200 per parent per year for a:

a. Medically complex foster or adoptive home; or

b. Care plus foster or adoptive home.

(5) Respite care.

(a) Respite care shall be available for a child placed by the cabinet in a foster home.

(b) A foster home shall be eligible for one (1) day of respite care per month per child.

(c) A foster home that cares for a child in the custody of the cabinet and meets criteria established in Sections 6 and 7 of this administrative regulation shall be eligible for three (3) days of respite care per month per child.

(d) Designated cabinet staff may extend a foster parent's respite care use to fourteen (14) days if designated cabinet staff document that the:

Foster parent requires the additional respite care:

a. To stabilize the child's placement in the foster home; or

b. Due to unforeseen circumstances that may occur, such as:

(i) Death in the family;

(ii) Surgery; or

(iii) Illness; or

Child placed in the foster home requires additional respite care to allow for a period of adjustment.

(e) The cost of respite care shall not exceed the per diem for the child.

(f) A respite care provider shall be approved in accordance with Section 19 of this administrative regulation.

(6) Appeals. A foster or adoptive parent may appeal the timeliness of reimbursement in accordance with 922 KAR 1:320.

Section 13. Home Study Requests.

(1) Upon receipt of a request from another state's Interstate Compact on the Placement of Children Administrator in the interest of a child in the legal custody of that state's public agency, the cabinet shall complete the foster or adoptive home approval process as specified in Section 9 of this administrative regulation.

(2) The cabinet shall share a previously approved home study in accordance with the Kentucky Open Records Act, KRS 61.870-61.884, and 42 U.S.C. 671(a)(23).

(3) An individual may request an administrative hearing in accordance with 922 KAR 1:320 for failure of the cabinet to act in accordance with subsections (1) and (2) of this section.

Section 14. Foster or Adoptive Home Reevaluation.

(1) Prior to or during the month of the anniversary date of the initial approval as a foster or adoptive parent, the foster or adoptive parent shall be required to complete annual training requirements as specified in 922 KAR 1:495, if applicable.

(2)

(a) Failure to meet training requirements specified in subsection (1) of this section shall lead to closure unless an exception is granted by the designated cabinet staff for a foster parent caring for a child in the custody of the cabinet and it is determined that it is in the best interest of a child placed in the foster home.

(b) If an exception is approved as specified in paragraph (a) of this subsection, a new or additional child shall not be placed in the home until the foster parent has met the training requirement.

(3) A cabinet staff member shall conduct a personal, in-home interview with a foster or adoptive parent prior to or during the month of the anniversary date of the third year of the initial approval as a foster or adoptive home. The interviewer shall assess:

(a) Any change in the foster or adoptive home;

(b) The ability of the foster or adoptive home parent to meet the needs of a child placed in the home; and

(4) The cabinet staff member shall document requirements of subsection (3) of this section to include:

(a) A list of persons residing in or frequently in the home since the initial approval or reevaluation;

(b) A list of all foster children placed in the home since the initial approval or reevaluation and exit reasons for the children no longer in the home;

Respite;
Extended family support; and
Friends or community partners;

(d) Description of parenting and discipline strategies;

(e) Changes in the physical environment including:

Address change; and
School district change;

(f) Discussion of stressors within the home to include:

Pregnancy or birth;
Physical or mental health conditions;
Employment changes;
Financial changes;
Death, grief, or loss;
Childhood trauma; and
Divorce or personal relationship changes;

(g) Alcohol or drug use and any substance abuse treatment;

(h) Functioning of relationships within the household;

(i) Assessment of the family's ability to meet the needs of the children placed in the home;

(j) List of foster or adoptive home reviews;

(k) Areas of concern or actions to be addressed that may exist within the household; and

(l) Placement recommendations.

Section 15. Foster or Adoptive Home Reviews.

(1) Upon notification of a factor that may place unusual stress on the foster or adoptive home or create a situation that may place a child at risk, cabinet staff shall:

(a) Immediately assess the health and safety risk of the child; and

(b) Complete a review of the foster or adoptive home within thirty (30) calendar days.

(2) Factors that shall result in a review of a foster or adoptive home shall include:

(a) Death or disability of a family member;

(b) Sudden onset of a health condition that would impair a foster or adoptive parent's ability to care for a child placed in the home by the cabinet;

(d) Sudden, substantial decrease in, or loss of, income;

(e) Childbirth;

(f) Use of a form of punishment or discipline that includes at least one (1) of the following:

Cruel, severe, or humiliating actions;
Corporal punishment inflicted in any manner;
Denial of food, clothing, or shelter;
Penalties for bedwetting or actions related to toilet training;
Withholding implementation of the child's treatment plan;
Denial of visits, telephone, or mail contacts with family members, unless authorized by a court of competent jurisdiction; or
Assignment of extremely strenuous exercise or work;

(g) A report of abuse, neglect, or dependency that results in a finding that:

Is substantiated; or
Reveals concern relating to the health, safety, and well-being of the child;

(h) Termination of parental rights (including a voluntary action);

(i) If the foster or adoptive parent is cited with, charged with, or arrested due to a violation of law other than a minor traffic offense;

(j) Other factor identified by cabinet staff that jeopardizes the physical, mental, or emotional well-being of the child; or

(k) Failure to meet annual training requirements, if applicable.

(3) The narrative of the review shall contain:

(a) Identifying information;

(b) Current composition of the household;

(d) An evaluation of the foster or adoptive home's family functioning to determine if the child's needs are met; and

(e) A plan for corrective action that may include a recommendation for closure of the foster or adoptive home.

Section 16. Closure of an Approved Foster or Adoptive Home.

(1) A foster or adoptive home shall be closed if:

(a) Cabinet staff determines that the family does not meet the general requirements of this administrative regulation, for a foster or adoptive home;

(b) A situation exists that is not in the best interest of a child;

(c) Sexual abuse or exploitation by the foster or adoptive parent or by another resident of the household is substantiated;

(d) Substantiated child abuse or neglect by a resident of the household occurs that is serious in nature or warrants removal of a child;

(e) A serious physical or mental illness develops that may impair or preclude adequate care of the child by the foster or adoptive parent; or

(f) The cabinet has not placed a child in the home within the preceding twelve (12) months, unless a written exception is provided by the service region administrator or designee.

(2) A foster or adoptive home may be closed according to the terms of the contract between the cabinet and the foster or adoptive home.

(3) If it is necessary to close an approved foster or adoptive home, the reason shall be stated by cabinet staff in a personal interview with the family, unless the family refuses or declines the personal interview.

(4) The cabinet shall:

(a) Confirm, in a written notice to the foster or adoptive parent, the decision to close a home;

(b) Deliver the notice to the foster or adoptive home within fourteen (14) calendar days of the interview with a foster or adoptive parent; and

(c) Submit closure information, including the cause for closure pursuant to subsection (1) of this section, in the foster care registry.

(5) The written notice for closure of a foster or adoptive home shall include:

(a) Notice that the cabinet shall not place a child in the home; and

(b) The reason why the foster or adoptive home is being closed.

Section 17. Reapplication.

(1) A former foster or adoptive home parent whose home was closed pursuant to Section 16(1)(a) through (f) of this administrative regulation may be considered for reapproval if the cause of closure has been resolved.

(2) To reapply, a former foster or adoptive parent shall:

(a) Make a formal inquiry to the cabinet; and

(b) Meet the requirements of:

Section 2 or 3 of this administrative regulation; and
Section 5 of this administrative regulation.

(3) A reapplying former foster or adoptive parent shall reenroll and complete training requirements, as specified in Section 8 of this administrative regulation, unless:

(a) The former foster or adoptive parent has previously completed training requirements, as specified in Section 8(5) of this administrative regulation; and

(b) An exception to reenrollment is provided by designated cabinet staff that have ascertained that the former foster or adoptive parent otherwise meets the necessary skill level.

(4) The foster care registry requirements of Section 8 of this administrative regulation shall be met.

Section 18. Placement Considerations.

(1) Unless an exception is approved pursuant to subsections (2) or (3) of this section because a placement is in the best interest of the child and specific support services shall be provided, the requirements established by this subsection shall apply to foster homes.

(a) More than six (6) children, including children under the custodial control of the cabinet and the foster parent's own children living in the home, shall not reside in a foster home.

(b) More than two (2) children under age two (2), including children under the custodial control of the cabinet and the foster parent's own children living in the home, shall not reside in a foster home.

(2) To request an exception to the criteria established by subsection (1) of this section, cabinet staff shall submit the DPP-112A, DCBS Placement Exception Request, to designated cabinet staff prior to the proposed placement documenting:

(a) The reason the placement is in the best interest of the child; and

(b) Specific support services to be provided.

(3) The number of foster children residing in a foster family home may exceed the limitation established in subsection (1)(a) of this section with documentation on the DPP-112A in order to allow:

(a) A parenting youth in foster care to remain with the child of the parenting youth;

(b) Siblings to remain together;

(d) A family with special training or skills to provide care to a child who has a severe disability; or

(e) Other circumstances noted in the DPP-112A and approved by the service region administrator or designee.

(4) If an exception to subsection (1) or (2) of this section is necessary for a placement to occur outside of normal business hours:

(a) Cabinet staff shall verbally provide all information contained within the DPP-112A to designated cabinet staff prior to the placement;

(b) A verbal approval from designated cabinet staff shall be required prior to the placement occurring; and

(5) Cabinet staff shall inform the foster parent of conditions related to the child in accordance with:

(a) KRS 605.090(1)(b); and

(b) KRS 605.090(6).

(6) Cabinet staff shall place a child with higher level needs in an advanced level home or above if a relative or fictive kin placement has not been identified.

(7) A foster or adoptive parent may adopt a child for whom parental rights have been terminated if:

(a) Foster or adoptive parent adoption is determined by cabinet staff to be in the best interest of the child;

(b) The child resides in the foster or adoptive home; and

(8) If a foster or adoptive parent expresses interest in adopting a foster child currently placed in the home and an alternative permanent placement is in the child's best interest, cabinet staff shall meet with the foster or adoptive parent prior to selection of an adoptive home to explain:

(a) Why an alternative permanent placement is in the child's best interest; and

(b) The foster or adoptive parent's right to submit a request to the cabinet to reconsider the recommendation.

Section 19. Requirements for Respite Care Providers.

(1) A respite care provider shall:

(a) Be:

An approved foster or adoptive home; or
Approved in accordance with subsection (2) of this section; and

(b) Receive preparation for placement of a child, including information in accordance with:

KRS 605.090(1)(b); and
Section 6(1)(e) through (g) of this administrative regulation, if the child is designated as medically complex.

(2) If a foster or adoptive parent chooses a respite care provider who is not an approved foster or adoptive home, the respite care provider shall:

(a)

Be at least twenty-one (21) years of age;
Provide proof of the applicant's United States citizenship or legal immigrant status, as described in 8 U.S.C. 1151, 8 U.S.C. 1181, and 42 C.F.R. 435.407;
Meet the background check requirements established in 922 KAR 1:490 for the applicant and his or her household; and
Meet the requirements of Section 5 of this administrative regulation if respite care is provided outside the home of the foster or adoptive parent; and

(b)

If providing respite care for a child described in Section 7(1)(b) of this administrative regulation, have:

a. Child-specific training in the mental health treatment of children or their families; or

b. A certificate of completion for twelve (12) hours of care plus training specified in 922 KAR 1:495, Section 6(1); or

If providing respite care for a child with medical complexity or specialized medical complexity:

a. Meet training requirements in accordance with 922 KAR 1:495, Section 7;

b. Hold a current certificate in first aid;

c. Hold a current certificate in infant, child, and adult CPR; and

d. Receive child specific training from a health professional or a foster parent who has been trained by a health professional in how to care for the specific medical needs of the child.

(3) A respite care provider:

(a) May attend pre-service training as specified in Section 8 of this administrative regulation; and

(b) Shall comply with Sections 18 and 19 of this administrative regulation.

Section 20. Emergency Preparedness. Each foster home shall submit an emergency preparedness plan to the department that would allow the department to identify, locate, and ensure continuity of services to children who are in the custody of the cabinet.

Section 21. Maintenance of a Foster Care Record.

(1) The cabinet shall maintain a record on each foster home, including medically complex foster homes and care plus foster care homes, if applicable.

(2) A foster home's record shall be maintained in conformity with existing laws and administrative regulations pertaining to confidentiality, pursuant to KRS 199.430(3), 199.802, and 45 C.F.R. Parts 160 and 164.

(3) A foster home may request and receive documentation from their record.

Section 22. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-107, Health Information Required for Foster or Adoptive Parents, Applicants, or Adult Household Members", 10/15;

(b) "DPP-108, Health Information Required for Foster or Adoptive Parents or Applicants Regarding Dependent Children", 10/15; and

History

RELATES TO: KRS 2.015, 61.870-61.884, 194A.005(1), 194A.060, 189.125, 199.011, 199.430(3), 199.802, 258.015, 258.035, 311.720(12), 311.840(3), 314.011(5), (7), 527.100, 527.110, 600.020, 605.090, 610.110, 620.030, 620.050, 620.140(1)(d), 620.360, 620.363, 16 C.F.R. 1219-1220, 1632-1633, 42 C.F.R. 435.407, 45 C.F.R. Parts 160, 164, 8 U.S.C. 1151, 1181, 42 U.S.C. 671, 672
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472(1), 605.100(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet and to implement programs mandated by federal law or to qualify for the receipt of federal funds. KRS 605.100(1) requires the cabinet to arrange programs designed to provide for classification, segregation, and specialized treatment of children according to their respective problems, needs, and characteristics. KRS 199.472(1) requires the cabinet to promulgate administrative regulations to establish the process of determining an applicant's capacity for foster or adoptive parenthood. This administrative regulation establishes criteria for public agency foster homes, adoptive homes, and respite care providers caring for foster or adoptive children.
History: 19 Ky.R. 1278; Am. 1570; eff. 12-16-1992; Recodified from 905 KAR 1:350, 10-30-1998; 26 Ky.R. 2090; 27 Ky.R. 177; 543; eff. 8-14-2000; 30 Ky.R. 1688; 2086; 2476; eff. 6-16-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 32 Ky.R. 1943; 33 Ky.R. 149; 435; eff. 9-1-2006; 34 Ky.R. 1884; 2290; eff. 5-2-2008; TAm eff. 2-22-2010; TAm eff. 8-24-2010; 42 Ky.R. 184; 1262; 1534; eff. 11-18-2015; 45 Ky.R. 3340, 46 Ky.R. 535; eff. 9-9-2019; 49 Ky.R. 460, 1320, 1439; eff. 2-16-2023; 51 Ky.R. 405, 932; eff. 11-18-2024.

922 KAR 1:360 Private child care placement, levels of care, and payment {#sec-922-kar-1-360 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:360}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 199.011(3).

(2) "Child-caring facility" or "facility" is defined by KRS 199.011(5).

(3) "Child-placing agency" or "agency" is defined by KRS 199.011(6).

(4) "Department" is defined by KRS 199.011(7) and 199.641(1)(b).

(5) "Emergency shelter" is defined by KRS 600.020(25).

(6) "Gatekeeper" means the department or agent responsible for:

(a) Making a clinical determination of the level of care necessary to meet a child's treatment and service needs; and

(b) Other administrative duties in the areas of:

Assessment;
Placement;
Performance measurement; and
Consultation regarding children and their needs.

(7) "Index factor" means a specific number derived from time-study data, used to determine payment for each level of care.

(8) "Initial level of care" means a level of care:

(a) Assigned by the gatekeeper to a child at the point of entry into the level of care system; and

(b) That is time-limited and effective for the first six (6) months of a child's placement.

(9) "Level of care" means the standard representing the treatment and service needs of a child placed by the cabinet in out-of-home care.

(10) "Level of care packet" means an assessment conducted by designated cabinet staff and a collection of forms required for submission to the gatekeeper for the purpose of determining the appropriate level of care and placement setting in accordance with Section 2(2) of this administrative regulation.

(11) "Medically complex" means a child who is determined to have a medical condition as defined by 922 KAR 1:495 and further described in 922 KAR 1:350, Section 6.

(12) "Model program cost analysis" is defined by KRS 199.641(1)(c).

(13) "Placement coordinator" means an individual whose responsibilities are established in KRS 199.801.

(14) "Reassigned level of care" means a level of care that is:

(a) Determined by the gatekeeper after a child's level of care expires; and

(b) Authorized for a specific period of time.

(15) "Time study" is defined by KRS 199.641(1)(d).

(16) "Utilization review" means a gatekeeper's examination, during a child's placement in a child-caring facility or child-placing agency, of the child's case record and existing documentation for the purpose of:

(a) Identifying the child's current level of functioning, treatment, service, and supervision needs; and

(b) Assigning the appropriate level of care.

Section 2. Referral Process for Level of Care System Placement.

(1) A level of care packet shall be completed by a cabinet staff person and submitted to the gatekeeper for a child at least forty-eight (48) months of age or a child who is medically complex regardless of age at the time:

(a) The child is referred for placement with a child-caring facility or child-placing agency;

(b) A child currently placed in a child-caring facility or a child-placing agency reaches forty-eight (48) months of age or is found to be medically complex; or

(2) A level of care packet shall include the following child-specific information:

(a) Identifying data;

(b) Individual strengths and limitations;

(d) Physical health needs including:

Any significant medical history;
Current diagnoses, assessments, and treatment; and
Documentation indicating the child's medically complex status if the child is medically complex;

(e) Behavioral health needs including:

Screening tools utilized based upon the child's age; and
Current diagnoses, assessments, and treatment recommendations;

(f) Medications;

(g) History of substance abuse, high risk, or other significant behavior including:

Sexual acting out; and
Legal history, status, or other court involvement;

(h) Out-of-home care placement information including:

Reason for entering out-of-home care;
History of abuse, neglect, or dependency;
Current custody status;
Current and previous placements; and
Permanency goal;

(i) Social supports;

(j) Educational functioning, grade level, and any special educational need; and

(k) Religious background and practices.

(3)

(a) If a child needs placement within a child-caring facility or a child-placing agency, a cabinet staff person shall submit a copy of the completed level of care packet, including level assignment, to the placement coordinator.

(b) The placement coordinator shall forward the level of care packet to potential child-caring facilities or child-placing agencies.

(4) If a child-caring facility or child-placing agency accepts a child for out-of-home placement and the cabinet approves the placement in accordance with KRS 199.801 and 922 KAR 1:370, a cabinet staff person shall:

(a) Complete the DPP-114, Child Caring and Child Placing Level of Care Schedule with the level of care payment rate for placement type:

As assigned by the gatekeeper within the previous six (6) months; or
If there is an emergency placement, within two (2) business days of the placement or receipt of the assigned level of care;

(b) Arrange transportation for the child and his or her personal belongings that are small enough to be carried to the placement; and

(5) If a child-caring facility or child-placing agency accepts an emergency placement requested by the cabinet outside of the gatekeeper's regular working hours, a cabinet staff person shall:

(a) Submit a level of care packet to the gatekeeper for a child who does not have a current level of care assignment; and

(b) Inform the placement coordinator of the location and date of placement.

(6) The placement coordinator shall notify a child-caring facility or child-placing agency that was not chosen for placement upon provision of notification in accordance with subsection (4)(c) of this section.

Section 3. Gatekeeper Responsibilities. The gatekeeper shall:

(1) Evaluate a child referred by the cabinet or currently placed in a child-caring facility or child-placing agency for the purpose of establishing an initial or reassigned level of care. The child shall be:

(a) Four (4) years of age or older; or

(b) Determined to be medically complex by designated cabinet staff;

(2) Within three (3) working days of receipt of the level of care packet:

(a) Determine the appropriate level of care according to an assessment of the child's treatment, supervision, and service needs consistent with one (1) of the three (3) levels of care; and

(b) Return the completed CRP-6, Children's Review Program Notice of Level of Care Payment Authorization Assignment, to the department and the child-caring facility or the child-placing agency;

(3) Assess a child placed in a child-caring facility in accordance with 42 U.S.C, 675a(c) within the first thirty (30) days of placement;

(4) Conduct a utilization review for a child:

(a) Six (6) months from the initial placement or reassignment and placement in a child-caring facility and child-placing agency; and

(b)

Every three (3) months thereafter if the child is in a child-caring facility; or
Every six (6) months thereafter if the child is in a foster care placement or therapeutic foster care;

(5) Reassign a child's level of care after the previous level has expired;

(6) Monitor each child-caring facility and child-placing agency;

(7) Maintain a confidential information system for each child served that shall include:

(a) Placement history;

(b) Level of care assignments;

(d) Discharge outcomes; and

(8) For a utilization review, return the completed CRP-2, Children's Review Program Notice of Level of Care Payment Authorization, to the child-caring facility or child-placing agency and the cabinet after a level is conducted or reassigned.

Section 4. Levels of Care. A level of care shall be assigned in accordance with this section.

(1) A Level I child shall be a child who requires a routine home environment that:

(a) Provides for the basic needs of the child;

(b) Provides guidance and nurturing;

(d) Provides educational support;

(e) Provides access to routine medical care; and

(f) Ensures the emotional and physical well-being of the child.

(2) A Level II child shall be a child who:

(a) Requires a routine home environment that meets the requirements of subsection (1) of this section;

(b) Has identified treatment needs based on available behavioral health screening and assessment information or current treatment recommendations;

(d) Requires supervision in a structured supportive setting with:

Counseling available from professional staff;
Educational support; and
Services designed to improve physical and behavioral health and wellbeing;

(e) May occasionally require intense levels of intervention to maintain the least restrictive environment; and

(f) Requires a program flexible enough to allow increased:

Independence if the child is capable; or
Structure during temporary periods of regression.

(3) A Level III child shall be a child who:

(a) Has significant treatment needs as indicated by:

Available behavioral health screening and assessment information or current treatment recommendations that require specialized or frequent treatment services;
A determination by designated cabinet staff that the child has a high degree of medical complexity that requires specialized medical care;
The presence of both significant behavioral health needs requiring treatment and a determination of medical complexity by designated cabinet staff; or
A severe impairment or disability that requires a caregiver to attend to all care needs of the child; and

(b) Requires a highly structured supportive setting:

With frequent therapy or therapeutic services provided by a qualified mental health professional or other treatment professional allowed pursuant to 922 KAR 1:300 within a treatment program designed to improve social, emotional, and educational adaptive behavior;
That includes twenty-four (24) hour supervision; or
That provides safe and effective care for a severe, chronic medical condition, behavioral health issue, or other highly specialized needs.

Section 5. Payment Methodology and Rates.

(1) Payment Methodology.

(a) The cabinet shall base a per diem rate for the care of a child placed by the cabinet in a private child-caring facility, upon the model program cost analysis.

(b) Each private child-caring facility and child-placing agency shall report to the cabinet annually, on the DPP-888, Instructions for Completing the Annual Cost Report and Time Study for Child Caring and Child Placing Programs and Facilities.

(2) The cabinet shall establish an index factor for payment on behalf of a child for whom a level of care has been determined.

(a) The factor shall be determined:

Based on the amount of treatment provided at each level of care; and
By determining the median of:

a. Number of daily treatment hours, derived from time study data, provided to children served by private child-caring facilities and child-placing agencies; and

b. Level of care of children served by private child-caring facilities and child-placing agencies that contract with the cabinet.

(b)

For children whose level is determined, the median level of care shall be represented by an index factor of one (1).
For children whose level is not determined, the median level of care shall be represented by an index factor that is proportionate to the amount of treatment provided to the children in the median level pursuant to subparagraph 1 of this paragraph.

(3) A statewide median cost, including board, care, and treatment components, for each level of care shall be calculated by using a utilization factor of eighty (80) percent for residential treatment and seventy-five (75) percent for a group home.

(4) The payment rate for each level of care shall be calculated by multiplying the median cost by the index factor specific to that level of care. The rate for each level of care shall be adjusted by the Consumer Price Index during each intervening period between the fiscal year used for the cost analysis and calculation of the rate.

(5) Statewide median cost shall be calculated:

(a) Using a utilization factor of eighty (80) percent:

For an emergency shelter with a treatment license:

a. Board;

b. Care; and

c. Treatment components; or

For an emergency shelter without a treatment license:

a. Board; and

b. Care components; and

(b) Adjusting for each level of care by the Consumer Price Index during each intervening period between the fiscal year used for the cost analysis and calculation of the rate.

(6)

(a) To the extent funds are available, an incentive payment for a private child-caring facility that participates in a per diem rate contract with the cabinet shall be determined by evaluating the performance of the child-caring facility, in accordance with KRS 199.641(2)(a). Measurable performance outcomes shall include:

Child safety while in the care of a private child-caring facility or child-placing agency;
Child safety after reunification with the child's family;
Adequate educational support;
Reduced time spent in out-of-home care without an increase in the rate of out-of-home care reentry;
Increased placement stability during the service period;
Increased achievement of permanency goals; and
Increased stability in less restrictive or permanent placement following planned discharge.

(b) The cabinet's contract with a private child-caring facility shall specify the:

Indicators used to measure the performance outcomes established in paragraph (a) of this subsection; and
Target percentages used as performance goals.

(c) Each child in the custody of the cabinet who is placed in a private child-caring facility during the contract period shall be included in the percentage of children for whom the cabinet expects achievement of an outcome.

(d) At the time the contract period expires, each private child-caring facility shall be ranked based on the percentage of children for whom the facility achieved an outcome. To the extent funds are available, a payment incentive shall be distributed to a private child-caring facility that performed in the top one-third (1/3) of the facilities.

(e) The amount of a payment incentive shall be determined according to the funding appropriated for this purpose in the biennial budget.

(7) In addition to services provided on a per diem rate, the cabinet shall solicit proposals from private child-caring facilities or child-placing agencies to provide alternative services to children and their families. To the extent funds are available, the alternative services:

(a) Shall be geared toward improved performance outcomes; and

(b) May include case management responsibilities shared between the cabinet and the child-caring facility or child-placing agency.

(8) Payment to child-caring facilities or child-placing agencies that provide alternative services according to subsection (7) of this section shall be based upon expectations agreed upon between the cabinet and the child-caring facility or child-placing agency such as:

(a) Reduced length of stay in out-of-home placement;

(b) Increased safety from child abuse or neglect;

(d) Increased number of children and their families cared for in close proximity to their home communities;

(e) Increased number of children reunified with their families;

(f) Increased accountability for success in after care; or

(g) Decreased reentry into state custody.

Section 6. Residential Care.

(1) A child-caring facility that cares for children in the custody of the cabinet shall be licensed pursuant to 922 KAR 1:305 and shall meet the standards for child-caring facilities established in 922 KAR 1:300.

(2) The facility shall comply with 922 KAR 1:300, Section 8, Residential Treatment Program, if providing treatment-oriented services.

(3) Only a child assigned as Level III shall be placed in residential care.

(4) The daily rate for residential care to a child-caring facility shall be:

(a) $193.50 per child for a child-caring facility determined by designated cabinet staff to not meet the requirements of a specified setting for placement in accordance with 42 U.S.C. 672(k)(2); and

(b) $336.00 per child for a child-caring facility determined by designated cabinet staff to meet the requirements of a specified setting for placement in accordance with 42 U.S.C. 672(k)(2).

Section 7. Emergency Shelter Care.

(1) An emergency shelter child-caring facility shall meet the requirements of 922 KAR 1:380. The rate for emergency shelter care shall be:

(a) $220.59 per child per day for a child-caring facility with a treatment license; or

(b) $165.44 per child per day for a child-caring facility without a treatment license.

(2) If a child with an assigned level of care enters an emergency shelter child-caring facility with a treatment license, the emergency shelter child-caring facility shall adhere to the child's individual treatment plan.

Section 8. Foster Care and Therapeutic Foster Care for a Child-Placing Agency.

(1) The daily rate for foster care shall be $51.33 per child for:

(a) A child under the age of four (4) who has not been assigned a level; and

(b) A child over the age of four (4) with a level I assigned level of care.

(2) The daily rates for therapeutic or treatment foster care shall be:

(a) Level II - $108.55 per child; and

(b) Level III - $156.34 per child.

(3) A private agency foster home shall not receive a per diem that is less than the corresponding public foster home per diem published at https://www.chfs.ky.gov/agencies/dcbs/dpp/Documents/stateagencyfostercareperdiemrates.pdf.

Section 9. Pregnant and Parenting Teen Programs. A child-caring facility with a pregnant and parenting teen program shall receive:

(1) A rate consistent with the assigned level of care for the adolescent parent; and

(2) Inclusive of child care cost, the amount established in Section 8(1) of this administrative regulation for the committed child of an adolescent parent who is committed to the cabinet.

Section 10. Independent Living Programs.

(1) An independent living program shall be licensed pursuant to 922 KAR 1:305 and shall meet the standards for independent living programs established in 922 KAR 1:310 and 922 KAR 1:340.

(2) The daily rate for an independent living program shall be:

(a) $99.50 per child for Level I or Level II; and

(b) $139.96 per child for Level III.

(3) A Level III child in an independent living setting shall require increased structure, supervision, case management, and treatment services.

Section 11. Programs with Decoupled Rates. A child-caring facility or child-placing agency providing highly specialized behavioral health services may be paid for board and treatment services separately through agreement with the:

(1) Department for the cost of room, board, and watchful oversight; and

(2) Department for Medicaid Services or its designee for behavioral health treatment services.

Section 12. Provider Requirements.

(1) A child-caring facility or child-placing agency shall:

(a) Inform the department of the levels of care the facility or agency has the ability to serve;

(b) Demonstrate its ability to provide services, either directly or by contract, appropriate to the assigned level for each child, including:

Room, board, and other activity contributing to housing, food, clothing, school supplies, or personal incidentals;
Clinical services including:

a. The evaluation and treatment of behavioral health needs; and

b. Identification and alleviation of related trauma symptoms, disability, or distress experienced by a child who follows a specific individual treatment plan targeted to identify a problem; and

Support services that:

a. Identify necessary resources and coordinate services provided by a range of agencies or professionals;

b. Allow a child to cope with the trauma, disability, or distress;

c. Provide access to improving the educational or vocational status of the child; and

d. Provide essential elements of daily living;

(c) Submit the following reports in time for the reports to be received by the gatekeeper within thirty (30) days prior to the utilization review due date:

To the gatekeeper, a Child and Adolescent Needs and Strengths assessment report completed within the past six (6) months or another supplemental tool approved by the gatekeeper; and
To the gatekeeper and designated cabinet staff, a copy of the CRP-7, Children's Review Program Application for Level of Care Payment (ALP):

a. On a quarterly basis, for a private child care residential placement; or

b. On a semiannual basis for a foster care placement;

(d) Provide outcomes data and information as requested by the gatekeeper; and

(e) Obtain accreditation within two (2) years of initial licensure or within two (2) years of acquiring an agreement with the cabinet, whichever is later, from a nationally-recognized accreditation organization, such as:

The Council on Accreditation; or
The Joint Commission.

(2) Emergency shelters without a treatment license shall be exempt from the accreditation requirements specified in subsection (1)(e) of this section.

Section 13. Utilization Review and Authorization of Payment.

(1) The child-caring facility or child-placing agency shall submit to the gatekeeper the reports established in Section 12(1)(c) of this administrative regulation for the utilization review in time for the reports to be received by the gatekeeper within thirty (30) days prior to the utilization review due date.

(2) If the child-caring facility or child-placing agency fails to submit the reports as established in Section 12(1)(c) of this administrative regulation in time for the reports to be received by the gatekeeper within thirty (30) days prior to the utilization review due date, the cabinet shall:

(a) Suspend payments until the necessary information has been submitted to the gatekeeper;

(b) If a child's level is reduced after untimely reports are received by the gatekeeper, make an adjustment for overpayment retroactive to the first utilization review due date that was missed; or

(c) If a child's level is increased as a result of delinquent reports, apply a higher rate beginning the day after the untimely reports are received by the gatekeeper.

(3) If the child-caring facility makes timely submission of the reports, and if the:

(a) Level of care remains unchanged, payments shall continue unchanged;

(b) Level of care is reduced, and the:

Child remains in the same placement, the lower level of care shall be effective on the 31st day following the utilization review due date; or
Child is placed in another child-caring facility or child-placing agency after the utilization review due date, the rate for the lower level shall be effective on the day the child is placed; or

(c) Level of care is increased, the rate for the higher level of care shall be effective the day after the utilization review due date.

(4) If the child-caring facility, child-placing agency, or cabinet staff disagrees with the level of care assigned by the gatekeeper, the child-caring facility, child-placing agency, or cabinet staff may request a redetermination as established in Section 14 of this administrative regulation.

Section 14. Redetermination.

(1) If the child-caring facility, child-placing agency, or cabinet staff disagrees with the level of care assigned by the gatekeeper, the child-caring facility, child-placing agency, or cabinet staff may request a redetermination of the assigned level by providing to the gatekeeper:

(a) New information that supports the request for a new level; and

(b) Completion of the "request for redetermination" section of one (1) of the following forms:

CRP-2, Children's Review Program Notice of Level of Care Payment Authorization, for a utilization review;
CRP-4, Children's Review Program Notice of Level of Care Redetermination;
CRP-5, Children's Review Program DCBS Foster Care Utilization Review Notice of Level Assignment, for a utilization review; or
CRP-6, Children's Review Program Notice of Level of Care Payment Authorization Assignment, for a reassignment.

(2) If the request for a redetermination is received by the gatekeeper within thirty (30) days after the most recent utilization review due date or admission, and if the gatekeeper assigns a higher level with a CRP-4, Children's Review Program Notice of Level of Care Redetermination, the increased payment shall be retroactive to the most recent of the following:

(a) The date of the most recent utilization review due date if the complete utilization review materials were received on or before the utilization review due date; or

(b) The date of admission.

(3) If the request for redetermination is received by the gatekeeper more than thirty (30) days after the most recent utilization review due date or admission, and if a:

(a) Higher level is assigned by the gatekeeper with a CRP-4, the increased payment shall be effective the day after the request is received by the gatekeeper; or

(b) Lower level is assigned by the gatekeeper with a CRP-4, the lower payment shall be effective thirty (30) days after the request is received by the gatekeeper.

(4) If the child-caring facility, child-placing agency, or cabinet staff does not agree with the redetermination as provided by the CRP-4, an appeal may be requested in accordance with Section 16 or 17 of this administrative regulation.

Section 15. Reassignment.

(1) If the level of care expires and the child is moved to a different child-caring facility or child-placing agency placement, a reassigned level of care shall be obtained by the:

(a) Department completing a level of care packet for a level assignment; or

(b) New child-caring facility or child-placing agency submitting the following within thirty (30) days of the placement:

A cover letter requesting a reassignment;
The most recent Child and Adolescent Needs and Strengths assessment report or a comparable assessment of the child; and
Documentation to support the level of care assignment, such as the level of care packet or discharge summary.

(2) The reassigned level of care rate shall be effective on the date of admission to the new placement.

(3) If the child-caring facility or child-placing agency disagrees with the level of care assigned by the gatekeeper, the child-caring facility or child-placing agency may request a redetermination as established in Section 14 of this administrative regulation.

Section 16. Informal Dispute Resolution.

(1) A contract agent dissatisfied by a decision of the cabinet or a gatekeeper may seek informal resolution by filing a request with the secretary of the cabinet, or designee, within ten (10) days following notice of the decision.

(2) Upon receipt of a request for informal resolution, the cabinet shall:

(a) Review the request; and

(b) Render a written decision on the issue raised within thirty (30) calendar days unless an extension is granted by the secretary or designee:

Due to extenuating circumstances that prolong the review; and
With notice provided to the contract agent.

(3) If the dispute relates to a decrease or denial of payment, the contract agent may request an administrative hearing in accordance with Section 17 of this administrative regulation.

Section 17. Administrative Hearing Process. A child-caring facility or child-placing agency may request an administrative hearing in accordance with 922 KAR 1:320.

Section 18. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "CRP-2, Children's Review Program Notice of Level of Care Payment Authorization", 01/22;

(b) "CRP-4, Children's Review Program Notice of Level of Care Redetermination", 01/22;

(d) "CRP-6, Children's Review Program Notice of Level of Care Payment Authorization Assignment", 01/22;

(e) "CRP-7, Children's Review Program Application for Level of Care Payment (ALP)", 07/22;

(f) "DPP-114, Child Caring and Child Placing Level of Care Schedule", 04/25; and

(g) "DPP-888, Instructions for Completing the Annual Cost Report and Time Study for Child Caring and Child Placing Programs and Facilities", 09/23.

History

RELATES TO: KRS 199.011, 199.640-199.680, 199.801, 600.020(25), 42 U.S.C. 622, 672, 675, 675a
STATUTORY AUTHORITY: KRS 194A.050(1), 199.641(4), 605.090(1)(d), 605.150(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet. KRS 199.641(4) and 605.090(1)(d) authorize the cabinet to establish by administrative regulation the rate setting methodology and the rate of payment for child-caring facilities and child-placing agencies, consistent with the level and quality of service provided. KRS 605.090(1)(d) authorizes the cabinet to promulgate administrative regulations establishing conditions under which the cabinet may place a child committed to the Department of Juvenile Justice or the cabinet, in a child-caring facility or a child-placing agency operated by a local governmental unit or private organization willing to receive the child, upon the conditions established by the cabinet. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605. This administrative regulation establishes: (a) levels of care based upon the needs of a child for whom the cabinet has legal responsibility; (b) a payment rate for each level and placement setting; (c) gatekeeper responsibilities; (d) provider requirements; (e) procedures for classification at the appropriate level of care and placement setting; and (f) procedures for determination of components of the model program cost analysis.
History: 922 KAR 001:360. 23 Ky.R. 1484; Am. 1952; eff. 10-16-1996; 24 Ky.R. 2477; 25 Ky.R. 105; eff. 6-11-1998; Recodified from 905 KAR 1:360, 10-30-1998; 27 Ky.R. 1359; 1817; eff. 1-15-2001; 28 Ky.R. 2469; 29 Ky.R. 471; 725; eff. 8-21-2002; TAm eff. 10-27-2004; 31 Ky.R. 882; 1309; eff. 2-22-2005; TAm eff. 1-27-2006; 34 Ky.R. 481; 1067; 1500; eff. 12-17-2007; 35 Ky.R. 446; 845; eff. 10-15-2008; 41 Ky.R. 650; 1402; 1660; eff. 2-5-2015; 43 Ky.R. 826; eff. 2-3-2017; TAm eff. 5-4-2017; 45 Ky.R. 853, 1696, 2106; eff. 1-23-2019; 48 Ky.R. 2306, 3014; eff. 7-20-2022; 49 Ky.R. 2411, 50 Ky.R. 844; eff. 1-11-2024; 51 Ky.R. 1946; eff. 6-25-2025.

922 KAR 1:370 Criteria for out-of-state placement {#sec-922-kar-1-370 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:370}

Section 1. Placement in Out-of-state Facilities.

(1) Children in the custody of the cabinet may be placed in out-of-state facilities after a thorough in-state facility search, documented in the case record, is unsuccessful in finding placement that serves the needs of the child, pursuant to KRS 205.634. The out-of-state placement shall take into consideration the following circumstances:

(a) The facility's ability to meet the child's needs;

(b) The facility's location in relation to the parent's home;

(d) The permanency goal for the child; and

(e) The cost of services is comparable to similar in-state services, when available.

(2) Exceptions to in-state placement may be made pursuant to KRS 199.680(1)(a)and (b).

(3) No child shall be placed in an out-of-state facility until the protection and permanency staff verify that:

(a) The facility is licensed by, and in good standing with, licensing authorities in the state in which the facility is located;

(b) Contact is made with the social service personnel in the state where the facility is located to assess the facility's reputation and the quality of care.

(4) The commissioner or his designee shall approve the placement of children in out-of-state facilities.

(5) The placement of children in out-of-state facilities shall comply with the Interstate Compact on Placement of Children, pursuant to KRS 615.030.

(6) The Department for Community-Based Services shall provide verification of the search for an in-state placement to the Department for Medicaid Services' Peer Review Organization for each Medicaid eligible child, prior to the Peer Review Organization's determination of medical necessity.

(7) Through the Interstate Compact on Placement of Children, the Department for Community-Based Services shall request courtesy supervision for each child placed in an out-of-state facility. The department shall also request a report every six (6) months as a result of the courtesy supervision.

Section 2. Facility Staff Participation in Case Planning. Individuals designated by the facility where the child is placed shall be invited to participate in the case planning conferences, either in person or by telephone conferencing. The permanency hearing for the child shall assess whether the out-of-state placement continues to meet the needs of the child according to the established case plan.

History

RELATES TO: KRS 194A.050, 199.011, 199.680, 205.634, 615.030
STATUTORY AUTHORITY: KRS 194A.050, 199.011, 199.645, 199.680, 199.8982, 205.634, 615.050, EO 98-731
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050 requires the Secretary for the Cabinet for Health and Family Services to promulgate administrative regulation necessary to operate programs and fulfill the responsibilities vested in the Cabinet for Health and Family Services. This administrative regulation sets forth the criteria for out-of-state placement of children committed to the Department for Community Based Services pursuant to KRS 199.680.
History: 25 Ky.R. 2246; eff. 5-19-99; Recodified from 905 KAR 1:370, 6-3-1999; TAm eff. 10-27-2004; TAm eff. 1-27-2006; Crt eff. 11-26-2019; Crt eff. 7-1-2026.

922 KAR 1:380 Standards for emergency shelter child-caring facilities {#sec-922-kar-1-380 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:380}

Section 1. Definitions.

(1) "Child" is defined by KRS 199.011(4) and 600.020(9), and may include:

(a) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(d); or

(b) A person who meets the exceptions to the age of majority in accordance with KRS 2.015.

(2) "Crisis intervention unit" means a unit operated to serve a child in need of short-term intensive treatment and to avoid risk of placement to a higher level of care.

(3) "Emergency shelter" means a group home or similar homelike facility that provides temporary or emergency care for children and has adequate staff and services to meet the needs of each resident child.

(4) "Treatment" means individualized management and care of a child utilizing professionally credentialed and certified staff and a component of the treatment environment to assist the child in resolving emotional conflict or a behavioral disorder.

Section 2. Administration and Operation.

(1) Licensing procedures. Licensing procedures for an emergency shelter child-caring facility shall be administered as established in 922 KAR 1:305.

(2) An emergency shelter child-caring facility shall meet the requirements of 922 KAR 1:300, except for the following:

(a) Section 5(1)(d)2;

(b) Section 5(1)(i)1, 3, and 4;

(d) Section 5(1)(n);

(e) Section 5(1)(o);

(f) Section 7(1)(e);

(g) Section 7(2)(a);

(h) Section 7(2)(b)3 and 4;

(i) Section 7(2)(c);

(j) Section 7(3);

(k) Section 7(4)(a);

(l) Section 7(5); and

(m) Section 7(6)(c), (d), (e), and (g).

Section 3. Emergency Shelter Child-caring Facility Services.

(1) An emergency shelter child-caring facility that is part of a program offering a treatment service shall maintain compliance with 922 KAR 1:300, Section 8.

(2) If an emergency shelter care program is part of a larger organization providing other child-caring or child-placing services in accordance with 922 KAR 1:310, there shall be a person designated to serve as coordinator of the emergency shelter child-caring facility.

(3)

(a) Except as provided by paragraph (b) of this subsection, the facility shall obtain the following information from a child's custodian during intake:

Commitment order, temporary custody order, or signed voluntary admission form; and
Basic identifying information on the child including:

a. Name and birthdate;

b. Address, and name and address of parent or guardian;

c. Last school attended and grade level; and

d. Medical information, if known.

(b) If a child is a walk-in to the program and no custodian is available, a facility shall obtain a placement agreement with the custodian within seventy-two (72) hours.

(4) Discharge.

(a) The facility shall have written policy and procedure describing conditions under which a child may be discharged.

(b) Discharge planning shall begin immediately upon admission of a child.

(c) The facility shall prepare a written discharge summary within five (5) days following the date of discharge. A copy shall be provided to the legal custodian.

Section 4. Crisis Intervention Unit. An emergency service in a crisis intervention unit shall be provided as established in 922 KAR 1:300, Section 9.

History

RELATES TO: KRS 2.015, 199.011, 199.640, 199.645-199.670, 214.034(5), 600.020, 610.110, 620.140
STATUTORY AUTHORITY: KRS 194A.050(1), 199.640(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet. KRS 199.640(5) requires the Cabinet for Health and Family Services to promulgate administrative regulations relating to standards of care and service for child-caring facilities. This administrative regulation establishes standards of care and service for emergency shelter child-caring facilities.
History: 26 Ky.R. 2183; Am. 27 Ky.R. 581; 1018; eff. 10-16-2000; 28 Ky.R. 1719; 2611; eff. 6-14-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 47 Ky.R. 2759; 48 Ky.R. 1579; eff. 11-23-2021; TAm eff. 1-4-2022.

922 KAR 1:400 Supportive services {#sec-922-kar-1-400 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:400}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 194A.005(1), 199.011(3), 600.020(7), 209.020(2), and 209A.020(1).

(2) "Child" means:

(a) A child defined by KRS 199.011(4) and 600.020(9);

(b) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(e); or

(3) "Intensive family-based support services" means the goal of keeping the family united or if removal of a child is necessary, placing the child in the least restrictive setting consistent with his or her individual needs.

(4) "Kentucky Transitional Assistance Program" or "K-TAP" means Kentucky's Temporary Assistance for Needy Families Program, a money payment program for a child who is deprived of parental support or care, as described at 921 KAR 2:006, Section 1(9).

(5) "Kentucky Works" means a program that assists a:

(a) Recipient of K-TAP in obtaining education, training, experience, and employment necessary to leave public assistance; or

(b) Former K-TAP recipient with job retention service.

(6) "Paraprofessional attendant" means a person with a high school diploma or bachelor's degree and training related to the services he or she provides, under the supervision of a licensed professional.

(7) "Rehabilitative services" means medical or remedial services recommended by a physician or other licensed practitioner of the healing arts, within the scope of his or her practice under state law, for maximum reduction of physical or mental disability and restoration of a recipient to his or her best possible functional level.

(8) "Safety net services" means:

(a) A short-term intervention or maintenance service to help an individual or family develop and maintain skills and abilities to prevent out-of-home placement for a child in that family; or

(b) Monetary benefits to assist in maintaining self-sufficiency.

(9) "Targeted case management" means a set of activities which assist an individual in accessing needed medical, social, educational, and other support services.

Section 2. Child Care Services. The cabinet may refer for child care services pursuant to 922 KAR 2:160 any individual or family who:

(1) Makes a request for assistance for child care expenses;

(2) Needs child care for protection or prevention of child abuse, neglect, or exploitation; or

(3) Needs child care for a child of a teen parent attending high school.

Section 3. Child Support Service. The cabinet may make a referral for child support services, by means of the process described at 921 KAR 1:380 on behalf of a child entering out-of-home care through a:

(1) Voluntary commitment agreement; or

(2) Court order assigning legal responsibility for the child to the cabinet.

Section 4. Intensive Family-based Support Services.

(1) Intensive family-based support services shall be provided through a contractual agreement, for the purpose of:

(a) Stabilizing a child in the child's own home or foster home;

(b) Preventing further hospitalization or institutionalization; and

(2) An intensive family-based support service may be provided to a child with one (1) or more of the following:

(a) Intellectual or developmental disability;

(b) Emotional or behavioral disturbance;

(d) Risk of institutionalization; or

(e) Need for aftercare services following release from an institution or other highly structured setting.

(3) Except for the assessment and discharge planning, intensive family-based support services shall not start while a child is in a hospital or an institution.

(4) Intensive family-based support services shall be available to a family with a child living in a:

(a) Biological home;

(b) Foster home; or

(5) The cabinet may make a referral for intensive family-based support services which may include the following:

(a) A comprehensive assessment, to include:

Review of medical, psychiatric, social, and educational assessments conducted within the last twelve (12) months; and
An in-home assessment;

(b) If appropriate, discharge planning provided through the service provider's involvement with a foster or biological family, the child, and the hospital or institution to ensure:

A coordinated approach upon discharge; and
That communication is clear regarding behaviors, goals, and recommended interventions;

(c) Planned support services provided to assist with routine day-to-day activity that is crucial to stabilization of a child within the family unit;

(d) Family intervention services, such as behavioral and family counseling, to assist a child and family in:

Identifying and resolving issues underlying the dysfunctional behaviors within a family; or
Eliminating barriers to change;

(e) Respite care services provided to allow a biological or a foster parent relief for a designated period of time from the stress of caring for an emotionally disturbed or physically disabled child or to allow time to attend to other needs;

(f) A paraprofessional attendant to provide direct in-home services to a child, or a biological or foster parent, as identified in the case plan;

(g) Purchase of care in an alternate living unit, as a component of an intensive family-based support services contract;

(h) Art or music therapy from a qualified professional;

(i) Educational consultation and support;

(j) Crisis intervention;

(k) Skill development; or

(l) Other service identified in the case plan.

(6) The type, frequency, intensity, and duration of services shall be determined according to each individual situation.

(7) A family case plan shall be developed to address:

(a) Family strengths and needs;

(b) Goals, objectives, and tasks;

(d) Anticipated outcomes.

Section 5. Safety Net Services.

(1) Safety net services shall be provided for a former K-TAP recipient who:

(a) Has total income at or below 200 percent of federal poverty level; and

(b) Is no longer eligible for K-TAP benefits due to:

Failure to comply with Kentucky Works requirements of 921 KAR 2:370, Section 7(2); or
Reaching benefit time limitations established at 921 KAR 2:006, Section 21.

(2) A safety net service shall include contact with the family and may address the following:

(a) Assistance to the individual or family to identify the problem and resources available to improve the situation;

(b) Linkage to the appropriate resources; or

Fuel shortage;
Utility shutoff;
Insufficient food, clothing, housing, or employment; or
Response to an inquiry regarding the family situation.

(3)

(a) The cabinet may authorize fund distribution to an appropriate vendor, in order to provide for a family's safety net services.

(b) Up to a total of $635 may be paid over four (4) months during the twelve (12) month period following an event specified in subsection (1)(b) of this section.

Section 6. Medicaid Services.

(1) Rehabilitative services shall be provided to a Medicaid-eligible child under the age of twenty-one (21) who meets the Department for Community Based Services' conditions and circumstances as a child in the custody of, or under the supervision of, or at risk of being in the custody of, the cabinet.

(2) Targeted case management services shall be provided to a Medicaid-eligible individual in accordance with 907 KAR 3:020, Section 3(1).

Section 7. K-TAP Determination for Domestic Violence Victims. If a report of alleged domestic violence is made, the cabinet shall:

(1) Attempt to arrange a face-to-face interview with the alleged victim to conduct an assessment or investigation, according to the procedure established at 921 KAR 2:006, Section 25, and, if necessary, shall offer:

(a) Protective and general adult services; or

(b) Educational materials in accordance with KRS 209A.130; and

(2) Upon completion of the assessment or investigation, provide information to K-TAP whether the reported victim:

(a) Is in a domestic violence situation; and

(b) Has agreed to services.

Section 8. Assessment of Minor Teenage Parents.

(1) If a determination is made that a minor teenage parent is an applicant or recipient of K-TAP and is not living with an adult or legal guardian, the minor teenage parent shall be referred for an assessment of the minor teenage parent's safety, including assistance with an alternative living arrangement if necessary.

(2) The cabinet shall:

(a) Conduct a face-to-face contact with the minor teenager's parent and the minor parent's child;

(b) Conduct a face-to-face interview with the minor parent in order to assess the minor parent's current situation and the safety issues for the minor teenage parent and child;

(d) Refer the family to the appropriate services; and

(e) Provide the following to the Division of Family Support:

Identification of safety issues;
A recommendation regarding opening a protective or preventive services case on the family; and
Services to which the minor teenage parent has been referred.

Section 9. Improper Payments. The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-45.241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.

Section 10. State Plan. A copy of the state's Title IV-A Temporary Assistance for Needy Families state plan may be obtained by a request in writing made to the Commissioner of the Department for Community Based Services, Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621.

History

RELATES TO: KRS 2.015, 45.237-45.241, 194A.005(1), 199.011(3), (4), 205.2003(3), 205.211, 205.703, 209.020(2), 209.130, 209A.020(1), 600.020(1), (6), (8), 610.110(6), 620.020(1), 620.140(1)(e), 45 C.F.R. Parts 260-265, 42 U.S.C. 601-679b
STATUTORY AUTHORITY: KRS 194A.050(1), 605.130(7), 605.150
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) authorizes the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill responsibilities vested in the cabinet. KRS 605.150 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605, including KRS 605.130(7), which authorizes the cabinet to perform services necessary for the protection of children. This administrative regulation establishes standards for provision of supportive services to a family receiving ongoing case management services or to safely maintain a child in the child's home through the cabinet, to the extent funds are available.
History: 922 KAR 001:400. 27 Ky.R. 649; Am. 1021; eff. 10-16-2000; 28 Ky.R. 490; 898; eff. 9-25-2001; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 33 Ky.R. 1460; 2339; 2977; eff. 4-6-2007; TAm eff. 8-24-2010; 39 Ky.R. 2233; 40 Ky.R. 559; eff. 9-18-2013; 43 Ky.R. 1695; 1981; eff. 6-2-2017; 45 Ky.R. 2235; eff. 5-31-2019; Crt eff. 1-8-2026.

922 KAR 1:430 Child protective services in-home case planning and service delivery {#sec-922-kar-1-430 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:430}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 600.020(7).

(2) "Case planning" means a process during which the cabinet works with the family and other involved parties to identify conditions within a family, which may cause the threat of harm to a child and that need to be changed, and the services necessary to bring about familial changes in order to facilitate a child's safety and well being in the home environment.

(3) "Permanency goals" means the goals for permanency established by 922 KAR 1:140, Section 4.

Section 2. In-Home Case Planning.

(1) If the cabinet has determined that a child shall remain in the home, the cabinet shall review the results of the investigation or assessment conducted pursuant to 922 KAR 1:330 to include:

(a) Reviewing the case history;

(b) Initiating contact with a family;

(c) Completing a case plan with input from the family and community supports, pursuant to 922 KAR 1:140, Sections 3 and 5; and

(d) Completing a Prevention Plan in accordance with 922 KAR 1:330, if indicated, with input from family and community supports.

(2) An assessment shall:

(a) Be completed at least every six (6) months prior to each periodic case plan; and

(b) Include:

Information gathered during contacts with the family and service providers;
Considerations of the level of cooperation and efforts made by the family members to reduce threat and address the high-risk behaviors that brought the family into contact with the department;
The family's progress towards case plan objectives; and
Further services or case actions necessary to achieve the case plan objectives and case closure.

(3) The cabinet shall advise a family receiving in-home case planning and service delivery of the right to a fair hearing in accordance with 922 KAR 1:320.

Section 3. Case Plan.

(1) A case plan shall encompass:

(a) Identified expectations of a family and the cabinet; and

(b) Initiating linkage to community resources, including services to:

Address the high-risk behaviors of the family that brought the family to the attention of the cabinet; and
Meet the safety, health, and developmental needs of the child.

(2) If a child continues to reside in the home of a parent or guardian, the cabinet shall:

(a) Have monthly contact with the family:

To evaluate the family's progress; and
In accordance with KRS 620.072; and

(b) Make a monthly in-home, face-to-face visit with the child to:

Observe the interaction between parent, child, and siblings;
Determine the appropriateness of interactions, such as the parent's ability to address the child's needs, attachments, and cooperation among caregivers;
Determine if parenting skills need improvement; and
Identify the protective capacity of the parent, including the parent's response to service provision and abilities to recognize the child's needs, control impulses, and express positive attachment to the child.

(3) If the home environment was indicated as an issue in the case plan, an in-home visit to assess the home shall be conducted.

Section 4. Case Closure and Aftercare Planning.

(1) A new assessment in accordance with Section 2(2) of this administrative regulation shall be completed before an in-home case is closed.

(2) The decision to close a case shall be:

(a) Based on documentation that the original factors resulting in abuse, neglect, or dependency, or the risk of the abuse, neglect or dependency, has been resolved to the extent that the parent or guardian is able to:

Protect the child; and
Meet the needs of the child; and

(b) Reviewed and approved by the cabinet staff's supervisor or designee.

(3) Consideration for closure of a child protective service case shall occur if the following conditions are met:

(a) The child is no longer in need of protection; and

(b) The case planning or permanency goals have been achieved.

(4) The family shall be:

(a) Notified in writing of the decision to close the protective services case; and

(b) Advised of the right to a fair hearing in accordance with 922 KAR 1:320.

(5) If it is determined that a protective services case is appropriate for closure, the cabinet shall work with the family to develop an aftercare plan in accordance with 922 KAR 1:330 by:

(a) Linking the family to community resources;

(b) Continuing preventative measures; and

(6) The focus of the aftercare plan shall be to prevent a reoccurrence of child abuse, neglect, or dependency.

History

RELATES TO: KRS 600.010, 600.020, 605.130, 620.050(3), 620.072, 42 U.S.C. 620-629m, 1397-1397h, 5106a
STATUTORY AUTHORITY: KRS 194A.050(1), 605.150(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary for the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill the responsibilities vested in the Cabinet for Health and Family Services, qualify for the receipt of federal funds, and cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605 - Administrative Matters. This administrative regulation establishes cabinet procedures for delivery of ongoing in-home case planning and service delivery for child protection cases of abuse, neglect, or dependency in compliance with KRS 605.130.
History: 30 Ky.R. 1718; 2485; eff. 6-16-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 40 Ky.R. 2382; 41 Ky.R. 81; eff. 9-5-2014; 44 Ky.R. 436, 1079; eff. 1-5-2018; TAm eff. 5-29-2019; Cert eff. 12-9-2024.

922 KAR 1:450 Eligibility confirmation for tuition waiver {#sec-922-kar-1-450 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:450}

Section 1. Definitions.

(1) "Institution" is defined by KRS 164.001(12).

(2) "Student" means an individual who meets the requirements of KRS 164.2847(1).

Section 2. Confirmation of Eligibility.

(1) A student shall request a tuition waiver by:

(a) Completing the DPP-333, Tuition Waiver for Foster and Adopted Children; and

(b) Presenting the DPP-333 to a public postsecondary institution.

(2) Upon the request of a public postsecondary institution, designated cabinet staff shall return the completed DPP-333 to the requesting institution within thirty (30) working days from the date of receipt.

(3) The confidentiality of information shall be maintained in accordance with KRS 199.570 and 620.050 regarding the release of information.

(4) The cabinet shall maintain an active file of a student's completed DPP-333 for ten (10) years from the date of the student's initial request.

(5) A student who transfers to another institution, or who has not been enrolled continuously at the same institution, shall complete a new DPP-333.

Section 3. Service Appeal. An applicant who is determined ineligible for a tuition waiver by the cabinet shall have access to an administrative hearing in accordance with 922 KAR 1:320.

Section 4. Incorporation by Reference.

(1) "DPP-333, Tuition Waiver for Foster and Adopted Children", 11/20, is incorporated by reference.

History

RELATES TO: KRS Chapter 13B, 164.001(12), 164.2847, 199.570, 620.050(5)
STATUTORY AUTHORITY: KRS 194A.050(1), KRS 164.2847(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to adopt and administer administrative regulations necessary under state laws to protect, develop, and maintain the welfare and sufficiency of individual citizens of the Commonwealth. KRS 164.2847(3) requires the Cabinet for Health and Family Services, upon the request of a public postsecondary education institution, to confirm the eligibility status under KRS 164.2847(1), of a student seeking to participate in the tuition waiver program. This administrative regulation establishes a procedure for administrative hearings and criteria pertaining to the release of foster or adoption status information.
History: 28 Ky.R. 1292; 1667; eff. 1-14-2002; 29 Ky.R. 1419; eff. 1-15-2003; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 40 Ky.R. 473; eff. 10-16-2013; Crt eff. 10-2-2020; 47 Ky.R. 466; eff. 2-4-2021.

922 KAR 1:470 Central registry {#sec-922-kar-1-470 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:470}

Section 1. Definitions.

(1) "Abused or neglected child" is defined by KRS 600.020(1).

(2) "Administrative review" means that the status of the individual subject to the central registry check is pending the outcome of an:

(a) Investigation or assessment in accordance with 922 KAR 1:330; or

(b) Appeal concerning a cabinet substantiated finding of child abuse or neglect.

(3) "Child fatality" is defined by KRS 211.684(1)(a).

(4) "Near fatality" is defined by KRS 600.020(40) and 42 U.S.C. 5106a(b)(4)(A).

(5) "Sexual abuse" is defined by KRS 600.020(62).

(6) "Sexual exploitation" is defined by KRS 600.020(63).

Section 2. Central Registry.

(1) The central registry shall include the name of each individual:

(a) Who has been found by the cabinet to have abused or neglected a child on or after October 1, 1998; and

(b)

Who waived the right to appeal a substantiated finding of child abuse or neglect in accordance with:

a. 922 KAR 1:480;

b. 922 KAR 1:320; or

c. 922 KAR 1:330, Section 11; or

Whose substantiated incident was upheld upon appeal.

(2) Each name shall:

(a) Remain on the central registry for a period of at least seven (7) years; and

(b) Be removed from the central registry after a period of seven (7) years if:

No additional incident of child abuse or neglect has been substantiated by the cabinet since the time of the incident for which the individual's name was placed on the registry; and
Cabinet records indicate that the incident for which the individual's name was placed on the registry did not relate to:

a. Sexual abuse or sexual exploitation of a child;

b. A child fatality related to abuse or neglect;

c. A near fatality related to abuse or neglect; or

d. Involuntary termination of parental rights in accordance with KRS 625.050 through 625.120.

(3) This administrative regulation shall not apply to cabinet background checks required by 922 KAR 1:490.

(4) This administrative regulation shall not limit the cabinet's ability to disclose information in accordance with KRS 620.050 and 42 U.S.C. 5106a(b)(2)(B)(viii), (ix), or (x).

Section 3. Procedure for Requesting a Central Registry Check.

(1) If information from the central registry is required or authorized by law, a request for a central registry check may be made by an:

(a) Individual;

(b) Organization; or

(2) The cabinet shall conduct a check of the central registry for each individual who:

(a) Submits a request for a check of the central registry in accordance with subsection (4) of this section; and

(b)

Applies for initial licensure;
Is considered for hire, hired by, or volunteers with an entity required by law to obtain information contained in the central registry; or
Is considered for hire, hired by, or volunteers with an entity that may require a central registry check as a condition for working with children on a regular basis.

(3) An individual who is not required or authorized by law to obtain information contained in the central registry shall not receive a completed check and may instead submit an open records request in accordance with 922 KAR 1:510.

(4) A request for a central registry check shall be made:

(a) By electronically submitting to the cabinet through the Kentucky Online Gateway:

a. A completed DCC-374, Child Care Central Registry Check, for an individual in child care as specified by 42 U.S.C. 9858f, KRS 199.466, or 922 KAR 2:280; or

b. A completed DPP-156, Central Registry Check, for an individual required by a law not specified in clause a. of this subparagraph no later than five (5) working days after:

(i) The date of employment of an individual required by law to submit to a central registry check; or

(ii) A volunteer's first day, if the volunteer is required by law to submit to a central registry check; and

A nonrefundable fee of ten (10) dollars paid by credit or debit card; or

(b) Through another cabinet system, including the Kentucky National Background Check Program established by 906 KAR 1:190.

(5) A parent or guardian shall be required to consent to the central registry check of an individual who is under the age of eighteen (18).

(6) A state requesting a child abuse or neglect check from the cabinet as required by 42 U.S.C. 671(a)(20) shall follow the procedures described in 922 KAR 1:490, Section 5.

Section 4. Administrative Review.

(1) The cabinet shall indicate on a central registry check if the individual is pending administrative review by the cabinet.

(2) An individual subject to administrative review in accordance with this section may submit a request for the disclosure of records in accordance with 922 KAR 1:510 to be fulfilled once the administrative review process is complete.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-156, Central Registry Check", 8/2024; and

(b) "DCC-374, Child Care Central Registry Check", 4/2022.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS 17.165(6), 61.876, 160.151, 160.380, 194A.380-194A.383, 199.466, 199.896(19), 199.8982(1)(a), 211.684(1)(a), 216.2955, 216B.015, 403.352, 600.020(1), (40),(62), (63), 620.050, 620.051, 625.050-625.120, 42 U.S.C. 671(a)(20), 5106a(b), 9858f
STATUTORY AUTHORITY: KRS 194A.050(1), 605.130(7), 605.150(1), 620.051(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605, including KRS 605.130(7), which authorizes the cabinet to perform services necessary for the protection of children. KRS 620.051(2) requires the cabinet to promulgate administrative regulations to establish the central registry and the process for a background check of the cabinet's child abuse and neglect records. This administrative regulation establishes the procedure by which the cabinet shall conduct a child abuse or neglect check using information in the central registry.
History: 28 Ky.R. 2135; 2357; eff. 4-30-2002; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 32 Ky.R. 783; 1307; 1434; eff. 3-2-2006; 34 Ky.R. 1893; 2298; eff. 5-2-2008; TAm 8-24-2010; 44 Ky.R. 433, 1077, 1358; eff. 1-5-2018; 45 Ky.R. 3587; 46 Ky.R. 995; eff. 11-1-2019; 48 Ky.R. 2128, 2775, 2987; eff. 7-20-2022; 51 Ky.R. 590, 1132; eff. 2-13-2025.

922 KAR 1:480 Appeal of child abuse and neglect investigative findings {#sec-922-kar-1-480 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:480}

Section 1. Definitions.

(1) "Abused or neglected child" is defined by KRS 600.020(1).

(2) "Administrative hearing" is defined by KRS 13B.010(2).

(3) "Appellant" means a perpetrator who requests an administrative hearing or on whose behalf an administrative hearing is requested by the perpetrator's legal representative.

(4) "Cabinet" is defined by KRS 194A.005(1) and 600.020(7).

(5) "Compelling need" means a hearing officer determines that a probability exists by which a child would be unable to reasonably communicate because of emotional distress produced by the perpetrator's presence.

(6) "Good cause" means justification for failure to carry forward with a legal obligation related to an appeal, including:

(a) An appellant's inability to comprehend the cabinet's written statement describing appeal rights; or

(b) A cabinet-sanctioned determination that the appellant or the appellant's legal representative is not at fault for failure to:

Submit a written request for appeal; or
Participate in a proceeding related to an administrative hearing.

(7) "Hearing officer" is defined by KRS 13B.010(7).

(8) "Perpetrator" means a person who, as a result of an investigation, has been determined by the cabinet to have abused or neglected a child.

Section 2. Right to Appeal. A person who has been found by the cabinet to have abused or neglected a child may appeal the cabinet's investigative finding through an administrative hearing.

Section 3. Notification and Request for Appeal.

(1) The cabinet shall provide to a perpetrator:

(a) Notice of a substantiated finding of child abuse or neglect in accordance with 922 KAR 1:330, Section 10; and

(b) A copy of the DPP-155, Request for Appeal of Child Abuse or Neglect Investigative Finding.

(2) The cabinet shall disclose confidential information in accordance with 42 U.S.C. 5106a(b)(2)(B)(viii), (ix) to any federal, state, or local government entity, or an agent of a government entity, that has a need for the information in order to carry out its responsibility under the law to protect children from abuse and neglect.

(3) A request for appeal shall:

(a) Be submitted:

In writing by the appellant, with the assistance of the cabinet if the appellant is unable to comply without assistance; and
To the cabinet no later than thirty (30) calendar days from the date the notice of a substantiated finding of child abuse or neglect is postmarked;

(b) Describe the nature of the investigative finding;

(d) Specify the name of each known cabinet staff person involved with the investigation; and

(e) Include a copy of the notice of a substantiated finding of child abuse or neglect if available.

(4)

(a) Upon receipt of a written request for appeal, the cabinet shall confirm whether the matter is subject to review through an administrative hearing.

(b) If the matter is not subject to review, the cabinet shall inform the individual in writing that the matter:

Is not appealable; and
May be pursued through the service complaint process established by 922 KAR 1:320, Section 4 or 10.

(5) The cabinet shall not dismiss a request for appeal as untimely if an appellant demonstrates good cause.

Section 4. Matters Not Appealable Through an Administrative Hearing.

(1) The following shall not be subject to review through an administrative hearing:

(a) A matter in which a civil court having competent jurisdiction:

Has heard evidence and made a final judicial determination that abuse or neglect of a child did or did not occur; or
Is currently engaged in legal proceedings regarding the same issue being appealed;

(b) A matter in which an appellant has been criminally charged and convicted of an action that is the basis of the cabinet's finding of abuse or neglect of a child;

(c) A final administrative decision made by the cabinet or cabinet's designee as a result of a previous appeal on the same issue;

(d) An appeal that has been abandoned by an appellant who failed to demonstrate good cause for failure to go forward;

(e) Failure to submit a written request for appeal within the time frame established by Section 3(3)(a) of this administrative regulation, unless an appellant demonstrates good cause; or

(f) An investigation that results in an unsubstantiated finding of abuse or neglect of a child.

(2) If an appellant is denied an administrative hearing in accordance with subsection (1)(a) of this section, the cabinet shall change its investigative finding:

(a) In accordance with a civil court's finding regarding abuse or neglect; or

(b) To a services needed finding in accordance with 922 KAR 1:330 and 42 U.S.C. 5106a(b)(2)(B)(v).

Section 5. Investigative Findings.

(1) The cabinet shall reserve the right, in its sole discretion, to amend, modify, or reverse its investigative finding of child abuse or neglect at any time based upon:

(a) A review of the cabinet's records; or

(b) Subsequent discovery of additional information.

(2) If amendment, modification, or reversal of an investigative finding results in a substantiated finding of abuse or neglect of a child, the cabinet shall act in accordance with:

(a) Section 3(1) and (2) of this administrative regulation; and

(b) 922 KAR 1:330, Section 10(8).

Section 6. Administrative Hearing.

(1) Each administrative hearing conducted by the cabinet or its designee shall be held in accordance with KRS Chapter 13B.

(2) The proceedings of an administrative hearing shall be disclosed only in accordance with KRS 194A.060, 620.050, 42 U.S.C. 1320d-1320d-9, 42 U.S.C. 1397-1397e, 42 U.S.C. 5106a, 920 KAR 1:060, 922 KAR 1:470, and 922 KAR 1:510.

(3)

(a) A hearing officer may, upon a determination of compelling need, permit a child to provide testimony in a manner in which the child is not able to hear or see the appellant.

(b) At the discretion of the child, the child's parent, or the child's legal guardian, a child required to testify in an administrative hearing may be accompanied by an adult who serves in a therapeutic or supportive capacity to the child.

(4) If a hearing officer orders the testimony of a child to be taken in accordance with subsection (3) of this section, the hearing officer shall permit the appellant to hear the testimony of the child.

Section 7. Recommended Order.

(1) A copy of the recommended order shall be sent simultaneously to:

(a) Each party to the administrative hearing;

(b) The commissioner of the Department for Community Based Services; and

(2) If a party to a hearing disagrees with the recommended order, the party may file a written exception as provided in KRS 13B.110(4) with the secretary, which shall:

(a) Be filed within fifteen (15) calendar days of the date the recommended order was mailed;

(b) Be based on facts and evidence presented at the hearing;

(d) Be sent to each other party involved in the hearing.

Section 8. Final Order.

(1) The secretary of the Cabinet for Health and Family Services or designee shall issue a final order in accordance with KRS 13B.120.

(2)

(a) Final administrative action shall be taken, unless waived by an appellant, within ninety (90) calendar days from the date of the request for an administrative hearing as required by 45 C.F.R. 205.10.

(3) An aggrieved party may petition for judicial review in accordance with:

(a) KRS 13B.140 to 13B.160; or

(b) KRS 23A.010.

Section 9. Incorporation by Reference.

(1) "DPP-155, Request for Appeal of Child Abuse or Neglect Investigative Finding", 6/2019, is incorporated by reference.

History

RELATES TO: KRS Chapter 13B, 13B.010(2), (7), 23A.010, 194A.005(1), 600.020(1), (7), 620.050(5), 45 C.F.R. 205.10, 42 U.S.C. 1320d-1320d-9, 1397-1397e, 5106a
STATUTORY AUTHORITY: KRS 194A.050(1), 42 U.S.C. 5106a
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds. 42 U.S.C. 5106a requires the Secretary of Health and Human Services to make grants for the purpose of assisting states in improving the delivery of child protective services, including procedures for appealing and responding to appeals of substantiated reports of abuse and neglect. In order to maintain continued eligibility after the initial grant application, 42 U.S.C. 5106a requires states to submit a plan every five (5) years thereafter assuring operation of a statewide program related to child abuse and neglect that includes provisions, procedures, and mechanisms by which a perpetrator who disagrees with an official finding of child abuse or neglect may appeal the finding. This administrative regulation establishes the cabinet's procedures for responding to appeals of child abuse and neglect investigative findings.
History: 30 Ky.R. 1718; 2485; eff. 6-16-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 40 Ky.R. 2382; 41 Ky.R. 81; eff. 9-5-2014; 44 Ky.R. 436, 1079; eff. 1-5-2018; TAm eff. 5-29-2019; Cert. eff. 12-9-2024.

922 KAR 1:490 Background checks for foster and adoptive parents and relative and fictive kin caregivers {#sec-922-kar-1-490 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:490}

Section 1. Definitions.

(1) "Address check" means a search of the Sex Offender Registry to determine if an address is a known address of a registered sex offender.

(2) "Administrative review" means that the status of the individual subject to the child abuse and neglect check is pending the outcome of an:

(a) Investigation or assessment in accordance with 922 KAR 1:330; or

(b) Appeal concerning a cabinet substantiated finding of child abuse or neglect.

(3) "Adolescent member of the household" means a youth who:

(a) Resides in the home of:

An individual who applies for approval or has been approved to provide foster or adoptive services; or
A relative or fictive kin caregiver;

(b) Is age twelve (12) through age seventeen (17); and

(4) "Adult member of the household" means an adult who:

(a) Resides in the home of:

An individual who applies for approval or has been approved to provide foster or adoptive services;
A relative or fictive kin caregiver; or
An individual applying for an independent non-relative adoption as defined in 922 KAR 1:010 or an independent relative adoption petitioner who is exempt as defined in KRS 199.470(4); and

(b) Is eighteen (18) years of age or older.

(5) "Applicant" means an individual who applies for approval as a foster or adoptive parent of a child under:

(a) 922 KAR 1:350, Requirements for public child welfare agency foster parents, adoptive parents, and respite care providers;

(b) 922 KAR 1:310, Standards for child-placing agencies placing children who are in the custody of a state agency;

(c) 922 KAR 1:315, Standards for child-placing agencies placing children who are not in the custody of a state agency; or

(d) 922 KAR 1:010, Independent non-relative adoptions.

(6) "Cabinet" is defined by KRS 194A.005(1) and 600.020(7).

(7) "Child fatality" is defined by KRS 211.684.

(8) "Child-placing agency" is defined by KRS 199.011(6).

(9) "Fictive kin" is defined by KRS 199.011(9) and 600.020(28).

(10) "KARES system" means the cabinet's secure, web-based application used to access abuse and neglect registries and facilitate fingerprint-supported state and national criminal background checks for authorized users of the system.

(11) "Kentucky National Background Check Program" or "NBCP" means a background screening program administered by the cabinet in accordance with 906 KAR 1:190.

(12) "Near fatality" is defined by KRS 600.020(40) and 42 U.S.C. 5106a(b)(4)(A).

(13) "Rap back system" is defined by KRS 199.011(14).

(14) "Relative caregiver" means a relative with whom the child is, or shall be, placed by the cabinet.

(15) "Sex Offender Registry" means the registration system for adults who have committed sex crimes or crimes against minors established in accordance with KRS 17.500 through 17.580.

(16) "Sexual abuse" is defined by KRS 600.020(61).

(17) "Sexual exploitation" is defined by KRS 600.020(62).

Section 2. Background Checks Required for Foster or Adoptive Parent Applicants.

(1) An applicant pursuant to 922 KAR 1:310 or 922 KAR 1:350, and each adult member of the household, shall submit to a background check in accordance with Section 4 of this administrative regulation, which shall include:

(a) An in-state criminal records check, conducted pursuant to KRS 199.462(1), by the:

Kentucky Justice and Public Safety Cabinet; or
Administrative Office of the Courts;

(b) A child abuse or neglect check conducted by the cabinet for each state of residence during the past five (5) years;

(c) A criminal records check conducted by means of a fingerprint check of the Criminal History Record Information administered by the Federal Bureau of Investigation; and

(d) An address check of the Sex Offender Registry.

(2) Prior to approval of an applicant pursuant to 922 KAR 1:310 or 922 KAR 1:350, each adolescent member of the household shall complete a DPP-157, Background Check Request for Foster or Adoptive Applicants and Adolescent or Adult Household Members, and submit to a child abuse or neglect check conducted by the cabinet.

(3) An exemption to the fingerprint check requirement pursuant to subsection (1)(c) of this section may be granted by the department if an adult household member of the applicant is medically unable to appear for fingerprints, as set forth in a written request submitted by the agency to designated department staff, which shall include:

(a) The adult household member's name and date of birth;

(b) The nature of the adult household member's medical condition necessitating an exemption; and

Section 3. Background Checks for Foster or Adoptive Applicants Who Will Accept Placement of a Child Not in the Custody of the Cabinet.

(1) An individual applying to accept placement of a child not in the custody of or otherwise made the legal responsibility of the cabinet or the Department of Juvenile Justice, pursuant to 922 KAR 1:315, shall be exempt from enrollment in KARES and subject to the requirements established in Section 9(3) of this administrative regulation.

(2) An applicant pursuant to 922 KAR 1:315 and each adult and adolescent member of the household shall complete a separate DPP-157 and submit to:

(a) An in-state criminal records check, conducted pursuant to KRS 199.462(1), by the:

Kentucky Justice and Public Safety Cabinet; or
Administrative Office of the Courts;

(b) A child abuse or neglect check conducted by the cabinet pursuant to 922 KAR 1:470;

(c) A criminal records check conducted by means of a fingerprint check of the Criminal History Record Information administered by the Federal Bureau of Investigation; and

(d) An address check of the Sex Offender Registry.

(3) A Kentucky child abuse or neglect check conducted by the cabinet shall identify the name of each applicant, adolescent member of the household, or adult member of the household who has:

(a) Been found by the cabinet to have:

Committed sexual abuse or sexual exploitation of a child;
Been responsible for a child fatality or near fatality related to abuse or neglect;
Abused or neglected a child within the seven (7) year period immediately prior to the application; or
Had parental rights terminated; or

(b) A matter pending administrative review.

(4) An applicant shall not be approved if:

(a) A criminal records check reveals that the applicant, or adult member of the household, has a:

Felony conviction involving:

a. A spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20); or

b. Physical abuse, battery, a drug, or alcohol within the five (5) year period prior to application; or

Criminal conviction relating to child abuse or neglect;

(b) A child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the household, has been found to have:

Committed sexual abuse or sexual exploitation of a child;
Been responsible for a child fatality or near fatality related to abuse or neglect; or
Had parental rights terminated involuntarily in accordance with KRS 625.050 through 625.120 or another state's laws; or

(c) An address check of the Sex Offender Registry and supporting documentation confirm that a sex offender resides at the applicant's home address.

(5) An individual identified in accordance with subsection (3) of this section may submit an open records request in accordance with 922 KAR 1:510.

Section 4. Fingerprint-Based Background Checks.

(1) Fingerprint-based background checks shall be conducted for the following individuals through the Kentucky National Background Check Program pursuant to 906 KAR 1:190, using the KARES system:

(a) An applicant pursuant to 922 KAR 1:310 or 922 KAR 1:350 and each adult member of the household; and

(b) A relative or fictive kin caregiver who has lived outside of the state of Kentucky within the last five (5) years.

(2) An individual meeting the criteria of subsection (1) of this section shall provide to the cabinet or child-placing agency:

(a) A copy of his or her driver's license or other government-issued photo identification for verification that the photograph and name clearly match the individual submitting to the check; and

(b) A completed and signed:

DPP-162, Applicant Waiver Agreement and Statement; and
DPP-163, Disclosures to be Provided to and Signed by the Applicant and Adult Household Members.

(3) Cabinet or child-placing agency staff shall log on to the NBCP portal and enter the individual's information for a check of the:

(a) Child abuse and neglect check conducted by the cabinet for each state of residence during the past five (5) years;

(b) National Crime Information Center's National Sex Offender Registry in accordance with 34 U.S.C. 20921;

(d) An in-state criminal records check, conducted pursuant to KRS 199.462(1), by the:

Kentucky Justice and Public Safety Cabinet; or
Administrative Office of the Courts; and

(e) A criminal records check conducted by means of a fingerprint check of the Criminal History Record Information administered by the Federal Bureau of Investigation.

(4)

(a) In accordance with KRS 199.462(2) and 42 U.S.C. 671(a)(20), the cabinet or child-placing agency shall submit payment by credit or debit card for a state and national fingerprint-supported criminal history background check performed by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI), including the rap back system. If an applicant's rap back has not expired, a new fingerprint check shall not be required.

(b) A child-placing agency enrolled in the NBCP shall pay a fee not to exceed thirty (30) dollars in addition to any fees charged in accordance with paragraph (a) of this subsection for the actual cost of processing a fingerprint-supported state and national criminal background check and for providing rap back services for each applicant.

(5) Cabinet or child-placing agency staff shall have no more than ninety (90) calendar days from the date of payment pursuant to subsection (4) of this section to submit the applicant's fingerprints at an authorized collection site for NBCP.

(6) Upon completion of the background check required by this section,Section 6, or Section 7 of this administrative regulation, the cabinet shall provide notice to the requesting agency that the applicant or individual is:

(a) Approved; or

(b) Not approved due to a disqualifying background check result pursuant to subsection (7) of this section.

(7) An applicant or individual shall not be approved if the results of the background check indicate a:

(a) Felony conviction involving:

A spouse, a child, sexual violence, or death as established in 42 U.S.C. 671(a)(20); or
Physical abuse, battery, drugs, or alcohol within the five (5) year period prior to application;

(b) Criminal conviction relating to child abuse or neglect;

(c) Result of a child abuse or neglect check in which the applicant, relative or fictive kin caregiver, adolescent member of the household, or adult member of the household, has been found to have:

Committed sexual abuse or sexual exploitation of a child;
Been responsible for a child fatality or near fatality related to abuse or neglect; or
Had parental rights terminated involuntarily pursuant to KRS 625.050 through 625.120 or another state's laws; or

(d) Result of an address check in the Sex Offender Registry and supporting documentation that a sex offender resides at the applicant's or individual's home address.

(8) An applicant or individual meeting the requirement of subsection (1) of this section may submit an open records request in accordance with 922 KAR 1:510.

Section 5. Request for a Child Abuse or Neglect Check from Another State.

(1) The cabinet shall conduct a child abuse or neglect check as required by 42 U.S.C. 671(a)(20) if a:

(a) Completed DPP-157 or DPP-159, Background Check Request for Relative and Fictive Kin Caregivers, or Adolescent and Adult Household Members, is submitted to the cabinet; or

(b) Request is received on agency letterhead and includes two (2) numeric identifiers.

(2) The cabinet shall:

(a) Protect the confidentiality of the information transmitted by the cabinet to a child welfare agency; and

(b) Waive the fee specified in 922 KAR 1:470.

Section 6. Background Checks Required for a Relative or Fictive Kin Caregiver.

(1) A relative or fictive kin caregiver, and each adult member of the household, shall complete a DPP-159 and submit to:

(a) An in-state criminal records check, conducted pursuant to KRS 199.462(1), by the:

Kentucky Justice and Public Safety Cabinet; or
Administrative Office of the Courts;

(b) A child abuse or neglect check conducted by the cabinet; and

(2) A relative or fictive kin caregiver, and each adult member of the household, who has lived outside the state of Kentucky during the past five (5) years shall complete a fingerprint-based background check conducted through the NBCP, pursuant to Section 4 of this administrative regulation.

(3) An adolescent member of a relative or fictive kin caregiver's household shall complete a DPP-159 and submit to a child abuse or neglect check conducted by the cabinet.

(4) A child abuse or neglect check conducted by the cabinet shall identify the name of each applicant and adolescent and adult member of the household and include any finding consistent with Section 4(7) of this administrative regulation.

(5) A relative or fictive kin caregiver shall not be approved if a criminal records check, a child abuse and neglect check, or an address check of the Sex Offender Registry reveals a finding consistent with Section 4(7) of this administrative regulation.

(6) An individual meeting the requirement of subsection (1) of this section may submit an open records request in accordance with 922 KAR 1:510.

Section 7. Background Check Requirements for an Independent Relative orNon-Relative Adoption.

(1) An individual applying for an independent non-relative adoption pursuant to 922 KAR 1:010 or an independent relative adoption petitioner who is exempt as defined in KRS 199.470(4), and each adult member of the household, shall submit to a background check, which shall include:

(a) An in-state criminal records check, conducted pursuant to KRS 199.462(1), by the:

Kentucky Justice and Public Safety Cabinet; or
Administrative Office of the Courts;

(b) A child abuse or neglect check conducted by the cabinet for each state of residence during the past five (5) years; and

(2) An applicant, and each adult member of the household, who has lived outside the state of Kentucky during the past five (5) years shall complete a criminal records check conducted by means of a fingerprint check of the Criminal History Record Information administered by the Federal Bureau of Investigation.

(3) Prior to approval of an individual, each adolescent member of the household shall complete a DPP-157 and submit to a child abuse or neglect check conducted by the cabinet.

Section 8. Approval.

(1) Except for the provisions of Section 4(7) or 6(5) of this administrative regulation, approval of an applicant, including an applicant for an independent adoption, fictive kin, or relative caregiver who has been convicted of a nonviolent felony or misdemeanor, has been found by the cabinet or another child welfare agency to have abused or neglected a child, or whose parental rights have been terminated voluntarily, shall be handled on a case-by-case basis with consideration given to the:

(a) Nature of the offense;

(b) Length of time that has elapsed since the event; and

(2) Except for the provisions of Section 4(7) or 6(5) of this administrative regulation, an applicant, fictive kin, or relative caregiver may be approved on a case-by-case basis in accordance with the criteria described by subsection (1)(a) through (c) of this section if:

(a) An adolescent member of the household has:

Been found by the cabinet to have abused or neglected a child; or
Had parental rights terminated voluntarily in accordance with KRS 625.040 through 625.046 or another state's laws; or

(b) An adult member of the household has:

Been convicted of a nonviolent felony or misdemeanor;
Been found to have abused or neglected a child; or
Had parental rights terminated voluntarily in accordance with KRS 625.040 through 625.046 or another state's laws.

Section 9. Reevaluation.

(1) Once enrolled in KARES, an approved foster or adoptive parent and each adult member of the household shall maintain enrollment in KARES.

(2)

(a) An approved foster or adoptive parent and each adult member of the household enrolled in KARES shall annually, prior to or during the anniversary month of initial KARES determination, undergo:

A child abuse or neglect check conducted by the cabinet; and
An address check of the Sex Offender Registry conducted by the cabinet.

(b) An active foster or adoptive home shall be closed if an individual undergoing an annual check pursuant to this subsection has a disqualifying background check result established in Section 4(7) of this administrative regulation.

(3) An applicant specified in Section 3 of this administrative regulation and not enrolled in KARES shall submit annually, prior to or during the anniversary month of initial approval, to:

(a) A criminal records check as described in Section 2(1)(a) of this administrative regulation;

(b) A child abuse or neglect check conducted by the cabinet; and

(4)

(a) If an adult becomes a new member of an approved foster or adoptive parent's household, the new adult member of the household shall submit to background checks within thirty (30) calendar days of residence within the household in accordance with Section 4 of this administrative regulation.

(b) If an adult becomes a new member of a relative or fictive kin caregiver's household, the new adult member of the household shall submit to background checks within thirty (30) calendar days of residence within the household in accordance with Section 6 of this administrative regulation. If an adolescent becomes a new member of an approved foster or adoptive parent or a relative or fictive kin caregiver's household, the new adolescent member of the household shall submit to a child abuse and neglect check conducted by the cabinet within thirty (30) calendar days of residence within the household in accordance with Section 2(2) or 6(2) of this administrative regulation, respectively.

Section 10. Maintenance of Records.

(1) A child-placing agency shall maintain the approval status of each foster and adoptive applicant who has submitted to a fingerprint-based criminal background check by reporting the status in the NBCP web-based system.

(2) A completed copy of each DPP-157 submitted pursuant to Section 2(2), 3(2), or 5 of this administrative regulation shall be maintained by the child-placing agency.

(3) A completed copy of each DPP-159 submitted and criminal records check conducted pursuant to Section 5 or 6 of this administrative regulation shall be maintained.

Section 11. Communications. This administrative regulation shall not limit the cabinet's ability to discuss the qualifications or fitness of an applicant or an existing foster or adoptive parent with a child-placing agency in accordance with:

(1) KRS 620.050(5); or

(2) The terms and conditions of:

(a) A release of information signed by the applicant or foster or adoptive parent; or

(b) The agreement between the cabinet and the child-placing agency.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-157, Background Check Request for Foster or Adoptive Applicants and Adolescent or Adult Household Members", 10/24;

(b) "DPP-159, Background Check Request for Relative and Fictive Kin Caregivers, or Adolescent and Adult Household Members", 10/24;

(d) "DPP-163, Disclosures to be Provided to and Signed by the Applicant and Adult Household Members", 06/21.

History

RELATES TO: KRS 17.500-17.580, 27A.090, 194A.005(1), 199.011(6), (9), (14), 199.462(1), 199.470(4), 211.684, 600.020(7), (28), (40), (61), (62), 605.090(1)(b), (6), 605.120, 605.130, 620.050(5), Chapter 625, 45 C.F.R. 1356.30, 42 U.S.C. 247d, 671(a)(20), 5106a, 5141
STATUTORY AUTHORITY: KRS 194A.050(1), 199.462(5), 199.640(5), 605.120(5), (6), 605.130(7), 605.150
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law, qualify for the receipt of federal funds, and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.462(5) requires the cabinet to promulgate an administrative regulation for the purpose of requiring a criminal background investigation on behalf of a foster or adoptive parent applicant, an adult member of the applicant's household, or a relative or fictive kin caregiver. KRS 605.150 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS 605.130(7), by which the cabinet shall perform other services as may be deemed necessary for the protection of children. KRS 199.640(5) requires the secretary to promulgate administrative regulations establishing basic standards of care and service for child-placing agencies relating to the health and safety of all children in the care of the agency. 45 C.F.R. 1356.30 requires criminal record checks be conducted for prospective foster and adoptive parents. This administrative regulation establishes background check requirements for relative and fictive kin caregivers, applicants seeking to provide foster or adoptive services, or individuals seeking an independent adoption. Additionally, this administrative regulation imposes a stricter requirement than the federal mandate because the cabinet requires the denial of an applicant if: (1) a criminal record check conducted on behalf of an adult household member reveals physical abuse, battery, or a drug or alcohol-related felony within the previous five (5) year period or a felony involving a spouse, a child, sexual violence, or death; or (2) a child abuse or neglect check conducted by the cabinet reveals that a household member, twelve (12) years of age or older, committed sexual abuse or sexual exploitation of a child, has been responsible for a child fatality related to abuse or neglect, or has had parental rights terminated involuntarily.
History: 29 Ky.R. 1917; 2709; eff. 5-15-2003; 31 Ky.R. 1460; 1690; eff. 4-22-2005; TAm eff. 10-27-2004; 34 Ky.R. 1895; 2199; 2299; eff. 5-2-2008; 38 Ky.R. 701; 986; eff. 11-16-2011; 44 Ky.R. 439, 1082; eff. 1-5-2018; 47 Ky.R. 1844; 48 Ky.R. 94, 377; eff. 8-26-2021; 51 Ky.R. 415, 1132; eff. 2-13-2025.

922 KAR 1:495 Training requirements for foster parents, adoptive parents, and respite care providers for children in the custody of the cabinet {#sec-922-kar-1-495 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:495}

Section 1. Definitions.

(1) "Adoptive parent" means an individual who is seeking to adopt a child placed in the custody of the cabinet.

(2) "Applicant" means an individual or family, subject to approval by the cabinet, or by a private child-placing agency, as a foster or adoptive home.

(3) "Cabinet" is defined by KRS 194A.005(1) and 600.020(7).

(4) "Care Plus" means a foster care program for a child who is determined to have specialized care needs as specified in 922 KAR 1:350, Section 5.

(5) "Fictive kin" is defined by KRS 199.011(9) and 600.020(28).

(6) "Foster home" means:

(a) A "foster family home" as defined by KRS 199.011(10) and 600.020(30), if referring to a physical structure; or

(b) If referring to an individual, any individual approved as a foster parent by:

A child-placing agency in accordance with 922 KAR 1:310; or
The cabinet in accordance with 922 KAR 1:350.

(7) "Health professional" means a person actively licensed as a:

(a) Physician as defined by KRS 311.720(12);

(b) Physician assistant as defined by KRS 311.840(3);

(d) Registered nurse as defined by KRS 314.011(5) under the supervision of a physician.

(8) "Medically complex" means a foster care program for a child who is determined to have a medical condition as specified in 922 KAR 1:350, Section 4.

(9) "Professional experience" means paid employment or volunteer work in a setting where there is supervision or periodic evaluation.

(10) "Reasonable and prudent parent standard" is defined by 42 U.S.C. 675(10).

(11) "Relative" means an individual related to a child by blood, marriage, or adoption.

(12) "Relative or fictive kin foster home" means a foster home:

(a) In which the individual approved as a foster parent is a:

Relative; or
Fictive kin; and

(b) Approved by the cabinet in accordance with 922 KAR 1:350.

(13) "Respite care" means temporary care provided by another individual or family:

(a) To meet the needs of the child or provide relief to a foster or adoptive parent approved in accordance with 922 KAR 1:310 or 922 KAR 1:350; and

(b) With the expectation of a child's return to the current foster or adoptive home.

(14) "Therapeutic foster care" is defined by KRS 158.135(1)(c).

(15) "Trauma informed care" means training developed using an organizational strengths-based framework to recognize and respond to the impact of traumatic stress on children, caregivers, and service providers with a goal to facilitate and support the recovery and resiliency of the child and family.

Section 2. General Training Requirements.

(1) The purpose of the foster or adoptive parent training shall be to:

(a) Orient the applicant to the philosophy and process of the foster care or adoption programs;

(b) Develop greater self-awareness on the part of the applicant to determine strengths and needs;

(c) Sensitize the applicant to the kinds of situations, feelings, and reactions that are apt to occur with a child in the custody of the cabinet;

(d) Effect behavior so that an applicant may better fulfill the role as a foster or adoptive parent to a child; and

(e) Emphasize:

Self-evaluation; and
Experiential learning.

(2)

(a) A foster or adoptive parent applicant shall complete a training curriculum provided or approved by the cabinet that includes the following topic areas:

Information about the rights, responsibilities, and expectations of a foster or adoptive parent;
The importance of birth parents and culture;
The process of a child entering foster care;
Types of child maltreatment;
Impact of childhood trauma;
Stages of grief;
Long term effects of separation and loss;
Permanency planning for a child, including independent living for transitioning youth;
Importance of attachment on a child's growth and development and the way a child maintains and develops a healthy attachment;
Family functioning, values, and expectations of a foster or adoptive home;
Cultural competency;
Emergency preparedness;
Child development;
Basic discipline and behavior management skills; and
Reasonable and prudent parent standard.

(b) The cabinet shall waive the pre-service training curricula for an applicant seeking approval as a relative or fictive kin foster home unless the cabinet identifies an unmet need that necessitates training.

(d) Training curricula specified in paragraph (a) of this subsection shall be:

Provided by the cabinet; or
Approved by the cabinet in accordance with Section 8 of this administrative regulation.

(e) Unless justification is documented pursuant to paragraphs (f) and (g) of this subsection, foster or adoptive parent training for placement of a child in the custody of the cabinet shall be completed in a group setting by each adult who resides in the household and may provide routine care to a child in the custody of the cabinet.

(f) A justification to provide foster or adoptive parent training other than in a group setting pursuant to paragraph (e) of this subsection shall:

Include the circumstance that prevents the foster or adoptive parent training from occurring in a group setting; and
Be documented utilizing the DPP-113, Request for Applicant or Adult Household Member to Attend Individualized Training.

(g) A justification completed in accordance with paragraph (f) of this subsection shall be placed in the foster or adoptive parent's case file.

(h) An applicant shall not receive more than eight (8) hours of individualized training during a twenty-four (24) hour period.

(3) In addition to initial training requirements in subsection (2)(a) of this section, a foster or adoptive parent applicant shall complete the following electronic courses provided by the cabinet prior to approval:

(a) Pediatric Abusive Head Trauma;

(b) First Aid and Universal Precautions;

(d) Medical Passports; and

(e) Reasonable and Prudent Parenting.

(4) First aid certification may substitute for the training requirement provided within subsection (3)(b) of this section if the foster or adoptive parent applicant provides documentation of current certification.

Section 3. General Annual Training Requirements.

(1) Prior to or during the month of the second anniversary date of a foster or adoptive parent's initial approval, the foster or adoptive parent shall complete a minimum of thirty (30) hours of training in curriculum provided or approved by the cabinet pursuant to Section 8 of this administrative regulation in the following areas:

(a) Trauma informed care;

(b) Psychotropic medications;

(d) Behavior management and skill development;

(e) Advocacy and self-care; and

(f) Culture and maintaining connections.

(2) If a private child-placing agency provides training in accordance with subsection (1) of this section prior to a foster or adoptive home's approval, the thirty (30) hours shall be in addition to the pre-service training required by Section 2(2) of this administrative regulation.

(3) If training requirements of subsections (1) and (2) of this section are met, a foster or adoptive parent shall complete the following prior to or during each subsequent anniversary of the foster or adoptive parent's initial approval:

(a) Ten (10) hours of private child-placing agency or cabinet-sponsored training related to knowledge or skills relevant to foster parenting, or training approved in advance by the private child-placing agency or the cabinet; and

(b) If applicable, training as specified in Section 2(3)(a) of this administrative regulation once every five (5) years in accordance with KRS 199.464.

(4)

(a) The cabinet may waive annual ongoing training requirements for a relative or fictive kin foster home.

(b) The cabinet shall assess the need for ongoing training for the relative or fictive kin foster home during the re-evaluation.

Section 4. Medically Complex Foster Parent Training Requirements.

(1) In addition to the general training requirements established in Section 2 of this administrative regulation and annual training requirements established in Section 3 of this administrative regulation, a medically complex foster parent applicant shall:

(a) Complete twelve (12) hours of cabinet-provided medically complex training in the following topic areas specific to children with medical complexity:

Growth and development;
Nutrition;
Documentation of provided care;
Medical conditions; and
Standards of practice related to the medically complex home type; and

(b) Hold a current certification in infant, child, and adult CPR and first aid.

(2) Prior to or during the anniversary month of the foster parent's initial approval as a foster parent and annually thereafter, an approved medically complex foster parent shall:

(a) Meet the requirements in subsection (1)(b) of this section;

(b) Complete the annual training requirements as specified in Section 3 of this administrative regulation; and

(c) Complete twelve (12) hours of ongoing cabinet-provided training related to the care of children with medical complexity.

(3) Professional experience related to the care of a child with medical complexity may substitute for the initial and annual medically complex training requirements specified in subsections (1)(a) and (2)(c) of this section if approved by designated cabinet staff based on the foster or adoptive parent:

(a) Being a health professional; and

(b) Having completed twelve (12) hours of continuing education focusing on pediatrics within the past year that will assist the parent in the care of a child with medical complexity.

Section 5. Therapeutic Foster Care Training Requirements.

(1) In addition to the general training requirements specified in Section 2 of this administrative regulation and annual training requirements specified in Section 3 of this administrative regulation, a therapeutic foster care applicant in accordance with 922 KAR 1:310 shall complete twelve (12) hours of private agency-sponsored training or training approved in advance by the child-placing agency in the following topic areas:

(a) Specific requirements and responsibilities of a therapeutic foster care home;

(b) Crisis intervention and behavior management;

(d) Communication skills;

(e) Skill development;

(f) The dynamics of a child who has experienced sexual abuse or human trafficking; and

(g) The effect of substance use, abuse, or dependency by either the child or the child's biological parent.

(2) An approved therapeutic foster parent shall:

(a) Complete the annual training requirements as specified in Section 3 of this administrative regulation; and

(b) Prior to or during the anniversary month of the foster parent's initial approval as a foster parent and annually thereafter, complete twelve (12) hours of private agency-sponsored training or training approved in advance by the private agency in topic areas relevant to therapeutic foster care.

(3) A therapeutic foster care applicant may concurrently complete general training requirements as specified in Section 2 of this administrative regulation and training requirements established in subsection (1) of this section.

Section 6. Care Plus Training Requirements.

(1) In addition to the general training requirements specified in Section 2 of this administrative regulation and annual training requirements specified in Section 3 of this administrative regulation, a care plus applicant in accordance with 922 KAR 1:350 shall complete twelve (12) hours of cabinet-sponsored training or training approved in advance by the cabinet in the following topic areas:

(a) Specific requirements and responsibilities of a care plus foster home;

(b) Crisis intervention and behavior management;

(d) Communication skills;

(e) Skill development;

(f) Cultural competency;

(g) The dynamics of a child who has experienced sexual abuse or human trafficking; and

(h) The effect of substance use, abuse, or dependency by either the child or the child's biological parent.

(2) An approved care plus foster parent shall:

(a) Complete the annual training requirements as specified in Section 3 of this administrative regulation; and

(b) Prior to or during the anniversary month of the foster parent's initial approval as a foster parent and annually thereafter, complete twelve (12) hours of ongoing cabinet-sponsored training or training approved in advance by the cabinet prior to or during the anniversary month of initial approval as a foster parent in the topic areas described in subsection (1) of this section.

Section 7. Respite Care Providers. If a respite provider is not approved as a foster or adoptive parent in accordance with 922 KAR 1:350 or 922 KAR 1:310, prior to initial approval as a respite care provider, the individual shall complete a minimum of two (2) hours of cabinet or private child-placing agency provided curriculum including an overview of the department and the policies and procedures of the agency related to the care of the child.

Section 8. Preapproval of Training Curricula.

(1) If a private child-placing agency intends to offer curricula other than curricula provided by the cabinet as specified in Sections 2(2) or 3(1) of this administrative regulation, the private child-placing agency shall submit its curricula to the cabinet or its designee for consideration.

(2) The cabinet shall approve curricula that are:

(a) Comparable in content to curricula provided by the cabinet; or

(b) Recognized evidence-based practices.

(3) The cabinet shall make a determination:

(a) Within thirty (30) calendar days; or

(b) As a part of the child-placing agency's initial application to provide services to a child in the custody of the cabinet.

Section 9. Incorporation by Reference.

(1) "DPP-113, Request for Applicant or Adult Household Member to Attend Individualized Training", 11/15, is incorporated by reference.

History

RELATES TO: KRS 158.135(1)(c), 194A.005(1), 199.011, 199.464, 311.720(12), 311.840(3), 314.011(5), (7), 600.020, 42 U.S.C. 671(a), 675
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472(1), 199.640(5), 605.100(1), 605.150(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 199.472(1) requires the cabinet to promulgate administrative regulations to establish the process of determining an applicant's capacity for adoptive parenthood. KRS 199.640(5)(a) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations establishing basic standards of care and service for child-caring facilities and child-placing agencies. KRS 605.100(1) requires the cabinet to arrange programs designed to provide for classification, segregation, and specialized treatment of children according to their respective problems, needs, and characteristics. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605. In addition, 42 U.S.C. 671(a)(24) includes a certification that, before a child in foster care under the responsibility of the state is placed with prospective foster parents, the prospective foster parents shall be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that such preparation shall be continued, as necessary, after the placement of the child. This administrative regulation establishes minimum training requirements for foster parents, adoptive parents, and respite care providers caring for foster or adoptive children in the custody of the cabinet.
History: 42 Ky.R. 219; 1273; 1544; eff. 11-18-2015; 45 Ky.R. 3350, 46 Ky.R. 545, 944; 1170; eff. 9-9-2019; 50 Ky.R. 1599, 2229; eff. 6-19-2024.

922 KAR 1:500 Educational and training vouchers {#sec-922-kar-1-500 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:500}

Section 1. Definitions.

(1) "Cost of attendance" is defined by 20 U.S.C. 1087II.

(2) "Educational and training voucher" means resources provided to an eligible individual to meet educational or training purposes as specified under 42 U.S.C. 677(i).

(3) "Foster care" is defined by KRS 620.020(5) and 45 C.F.R. 1355.20(a).

(4) "Institution of higher education" is defined by 20 U.S.C. 1001 and 1002.

(5) "Tuition waiver" means waiver of tuition and mandatory fees for Kentucky foster or adopted children pursuant to KRS 164.2847 and 922 KAR 1:450.

Section 2. Eligibility.

(1) An individual shall be eligible to receive an educational and training voucher if the individual:

(a) Is committed to the cabinet in accordance with:

KRS 620.140(1)(d); or
KRS 610.110(6);

(b) Was adopted or entered a state Title IV-E Guardianship Assistance Program from foster care after attaining sixteen (16) years of age; or

(2) An individual shall be eligible to participate in the voucher program for a maximum of five (5) years until twenty-six (26) years of age if the individual is enrolled in an institution of higher education and is making satisfactory progress towards completion:

(a) As determined by the institution of higher education; and

(b) In accordance with Section 3(2) of this administrative regulation.

Section 3. Application Process.

(1) To request an educational and training voucher, an applicant shall submit a completed DPP-334, Request for Educational and Training Voucher Funds, to the cabinet:

(a) Upon initial application for enrollment into an institution of higher education;

(b) When the student transfers to another institution of higher education; or

(2)

(a) To maintain eligibility in accordance with Section 2 of this administrative regulation, for each semester or equivalent term of instruction, the cabinet shall contact the National Student Clearinghouse to verify an applicant's enrollment in an institution of higher education.

(b) If verification cannot be obtained through the National Student Clearinghouse in accordance with paragraph (a) of this subsection, the cabinet shall notify the applicant, and the applicant shall:

Contact the applicant's institution of higher education; and
Request that written confirmation of enrollment from the institution of higher education be sent to the cabinet.

(3) Designated cabinet staff shall make a determination within thirty (30) business days of receipt of a completed DPP-334.

(4) If an applicant is determined ineligible by the cabinet, the cabinet shall provide notification, in writing, to the applicant stating the reason for ineligibility.

Section 4. Allowable Payments.

(1) An educational and training voucher shall be used to:

(a) Assist an eligible individual to prepare for and enter an institution of higher education, including:

A fee for an educational aptitude examination to qualify for or apply to an institution of higher education;
An entrance or application fee required by an institution of higher education;
An enrollment fee or deposit required by an institution of higher education;
Cost of an educational aptitude course to prepare the eligible individual for an examination as specified in this subsection; or
An expense, in addition to an expense specified in subparagraphs 2 and 3 of this paragraph, required for entrance by the institution of higher education; or

(b) Pay for the cost of attendance at an institution of higher education.

(2) An educational and training voucher shall not exceed the lesser of $5,000 per year or the total cost of attendance per year.

(3) To the extent that funds are available, the cabinet shall authorize payment for an application for an educational and training voucher to an eligible individual.

(4) In accordance with 42 U.S.C. 677(d)(2), an educational and training voucher shall not be approved for the same purpose as a tuition waiver or other student financial aid.

Section 5. Service Appeal. An applicant who is determined ineligible for an educational and training voucher by the cabinet shall have access to an administrative hearing in accordance with 922 KAR 1:320.

Section 6. Incorporation by Reference.

(1) "DPP-334, Request for Educational and Training Voucher Funds", 12/20, is incorporated by reference.

History

RELATES TO: KRS Chapter 13B, 164.2847, 610.110(6), 620.020(5), 620.140(1)(d), 45 C.F.R. 1355.20(a), 20 U.S.C. 1001, 1002, 1087II, 42 U.S.C. 677(d)(2), (i)
STATUTORY AUTHORITY: KRS 194A.050(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) authorizes the secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for proper administration of the cabinet and its programs. In addition, 42 U.S.C. 677(i) makes available vouchers for education and training to youths who have aged out of foster care or were adopted from foster care at age sixteen (16) or older. This administrative regulation establishes eligibility and an application process, specifies allowable uses, and provides a procedure for administrative hearings pertaining to the educational and training vouchers.
History: 30 Ky.R. 1156; 1561; eff. 1-5-2004; TAm eff. 10-27-2004; TAm eff. 1-27-2006; 43 Ky.R. 142, 582; eff. 11-16-2016; 45 Ky.R. 2238; eff. 3-13-2019; 47 Ky.R. 594, 1419; eff. 2-11-2021.

922 KAR 1:510 Authorization for disclosure of protection and permanency records {#sec-922-kar-1-510 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:510}

Section 1. Definitions.

(1) "Disclosure" is defined by 45 C.F.R. 160.103.

(2) "Official custodian" is defined by KRS 61.870(5).

(3) "Protection and permanency records" means a public record as defined in KRS 61.870(2) that is prepared, owned, used, in the possession of, or retained by departmental staff providing protection and permanency services.

Section 2. Authorization for Disclosure of Protection and Permanency Records.

(1) If a person submits a request for disclosure of protection and permanency records, the official custodian shall require the person to authorize the disclosure, in accordance with 45 C.F.R. 164.508(c), by completing and signing aCHFS-305, Authorization for Disclosure of Protected Information.

(2) The CHFS-305 shall be submitted with a copy of a photo ID to the official custodian of protection and permanency records:

(a) Between the hours of 8 a.m. and 4:30 p.m. to the Cabinet for Health and Family Services, Department for Community Based Services, Records Management Section, 275 East Main Street, Section 3E-G, Frankfort, Kentucky 40621;

(b) By mail to the address specified in paragraph (a) of this subsection;

(d) By fax to 502-564-9554.

Section 3. Appeals. A person denied access to records shall have appeal rights in accordance with 45 C.F.R. 164.524(d)(4), or KRS 61.880 and 61.882.

Section 4. Incorporation by Reference.

(1) "CHFS-305, Authorization for Disclosure of Protected Information", 11/2021, is incorporated by reference.

History

RELATES TO: KRS 61.870-61.884, 194A.050(1), 45 C.F.R. 160.103, 164.501, 164.502, 164.508, 164.512, 164.524
STATUTORY AUTHORITY: KRS 61.876(1), 194A.050(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 61.876(1) requires the cabinet to adopt administrative regulations regarding the protection and disclosure of public records in conformity with KRS 61.870 to 61.884. This administrative regulation establishes the authorization requirements for disclosure of protection and permanency records.
History: 30 Ky.R. 1156; 1561; 2587; eff. 1-5-2004; 31 Ky.R. 362; eff. 8-24-2004; TAm eff. 1-27-2006; 45 Ky.R. 3589, 46 Ky.R. 475; eff. 8-19-2019; TAm eff. 10-29-2021; Crt eff. 7-1-2026.

922 KAR 1:520 Supplements to per diem rates {#sec-922-kar-1-520 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:520}

Section 1. Definitions.

(1) "Child" means:

(a) A child as defined by KRS 199.011(4) and 600.020(9);

(b) A person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(d); or

(2) "Child with a serious emotional disability" is defined by KRS 200.503(3).

(3) "Exceptional needs" means the needs of a child:

(a) As specified in Section 2(2) or 4 of this administrative regulation; and

(b) Reimbursed in accordance with KRS 605.120(2).

(4) "Extraordinary care" means services:

(a) Provided to a child with exceptional needs in the custody of the cabinet; and

(b) That exceed a regular per diem, as established in 922 KAR 1:350, Section 10.

(5) "Foster home" means:

(a) A "foster family home" as defined by KRS 199.011(10) and 600.020(30), if referring to a physical structure; or

(b) An individual approved as a foster parent by the cabinet pursuant to 922 KAR 1:310 or 922 KAR 1:350, if referring to an individual.

(6) "High-risk supplement" means a reimbursement to a foster home approved in accordance with 922 KAR 1:350 is necessary to cover an additional expense associated with the provision of extraordinary care.

(7) "Parenting youth supplement" means a daily supplement to the per diem that is necessary to cover an additional expense associated with a youth who is placed with and has custody of their own child.

Section 2. High-risk supplement.

(1) To the extent funds are available, the cabinet shall reimburse a foster home for the extraordinary care provided to a child with exceptional needs.

(2) The cabinet shall consider a child eligible for a high-risk supplement if:

(a)

Community resources meet the child's needs; and
The child requires services consistent with Level III care established in 922 KAR 1:360, Section 4;

(b) The child is placed in a public child welfare agency foster home in accordance with 922 KAR 1:350;

Being a child with a serious emotional disability;
Being designated as medically complex by cabinet staff, as established in 922 KAR 1:350, Section 4(1)(b); or
Dual involvement with the Department of Juvenile Justice;

(d) A consultation initiated by cabinet staff is held to:

Assess the child and prospective foster home's need for additional support and services; and
Complete a "DPP-111B, High-Risk Supplement Assessment"; and

(e) The foster home agrees to maintain a monthly log of the services provided to the child for the duration of the high-risk supplement.

(3) The high-risk supplement shall be:

(a) A standardized amount specified in contract between an approved foster home and the cabinet; and

(b) Provided to a foster home for a period of up to six (6) months if the requirements established in this section are met.

(4) Extensions to the high-risk supplement may be granted in six (6) month intervals if:

(a) The child is reassessed by the cabinet pursuant to Section 3 of this administrative regulation and continues to meet the eligibility requirements established in subsection (2) of this section; and

(b) A consultation is completed prior to granting each extension in order to:

Review progress made during the child's current case planning conference, which shall include a review of the foster home's monthly log of the child's extraordinary care; and
Complete a new "DPP-111B, High-Risk Supplement Assessment".

(5) If a high-risk supplement extension is granted, the foster home shall continue to complete monthly logs of the child's extraordinary care.

Section 3. Reassessment for High-Risk Supplement.

(1) If a foster home receives a high-risk supplement, the child shall be reassessed when the supplement expires to determine if the eligibility requirements established in Section 2 of this administrative regulation are met.

(2) If a child eligible for the high-risk supplement is relocated to another foster home or out-of-home placement, the cabinet:

(a) Shall cease reimbursement of the high-risk supplement to the child's prior foster home; and

(b) May redetermine the child to be eligible for the high-risk supplement if the requirements established in Section 2(2) of this administrative regulation are met.

Section 4. Parenting Youth Supplement.

(1) To the extent funds are available, the cabinet shall reimburse a foster home or approved provider pursuant to 922 KAR 1:300, 922 KAR 1:310, or 922 KAR 1:340 for the extraordinary care provided to a child who is a parenting youth.

(2) The cabinet shall consider a child eligible for a parenting youth supplement if:

(a) The child is placed in:

A cabinet-approved foster home as established by 922 KAR 1:350;
An independent living setting approved in accordance with 922 KAR 1:340;
A private child-placing agency foster home approved in accordance with 922 KAR 1:310; or
An approved private child-caring facility in accordance with 922 KAR 1:300.

(b) The child:

Is in the custody of the cabinet;
Has custody and control of their own child or children; and
Physically resides in the same location as the child or children; and

(3) A parenting youth supplement shall be:

(a) A standardized amount per child of the parenting youth added to the per diem of the parenting youth;

(b) Effective for the duration of the placement in which the youth in the custody of the cabinet and their child or children reside together; and

(4) If a child deemed eligible for the parenting youth supplement is relocated to another foster home or provider established in subsection (2)(a) of this section, the cabinet:

(a) Shall cease reimbursement of the parenting youth supplement to the child's prior foster home or provider; and

(b) May redetermine the child to be eligible for the parenting youth supplement if the requirements of subsection (2) of this section are met.

Section 5. Service Appeals. A foster home or provider referenced in Section 4(1) of this administrative regulation may request an appeal in accordance with 922 KAR 1:320.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-111B, High-Risk Supplement Assessment", 01/24; and

(b) "DPP-116, Parenting Youth Supplement", 11/20.

History

RELATES TO: KRS 2.015, 199.011(4), (10), 200.503(3), 600.020(9), (30), 610.110(6), 620.140(1)(d)
STATUTORY AUTHORITY: KRS 194A.050(1), 605.120(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 605.120(2) requires the cabinet to establish a reimbursement system, within existing appropriation amounts, for foster parents that comes as close as possible to meeting the actual cost of caring for foster children, and to address additional costs associated with providing care to children with exceptional needs. In addition, Olmstead v. L.C. and E.W., 119 S. Ct. 2176 (1999), held that unnecessary institutionalization of a person with a disability may be a violation of the Americans with Disabilities Act of 1990, 3 U.S.C. 421 and that, given certain exceptions, services should be delivered in the most integrated setting appropriate to the treatment needs of a person with a disability. This administrative regulation establishes the requirements for a foster home to receive a high-risk or parenting youth supplement reimbursement, to the extent funds are available, for extraordinary care the foster home provides to a child with exceptional needs, or a parenting youth, who is in the custody of the cabinet.
History: 32 Ky.R. 529; 690; eff. 10-19-2005; 47 Ky.R. 468; eff. 2-4-2021; 50 Ky.R. 975, 1733; eff. 3-14-2024.

922 KAR 1:530 Post-adoption placement stabilization services {#sec-922-kar-1-530 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:530}

Section 1. Definitions.

(1) "Aftercare plan" means a plan of care for a child upon the discontinuance of post-adoption placement stabilization services, which:

(a) Recommends services for the continued care of the child;

(b) Identifies community resources that have been arranged for the child or parent; and

(2) "Child-caring facility" is defined by KRS 199.011(5).

(3) "Commitment" is defined by KRS 600.020(13).

(4) "Family team meeting" means a meeting convened to develop services to avoid the dissolution of an adoption in accordance with Section 2(2)(b)4. of this administrative regulation.

(5) "Post-adoption placement stabilization services" or "PAPSS" means coordination, payment, and provision of care and treatment of an adopted child by the cabinet to prevent dissolution of the adoption.

Section 2. Eligibility Requirements for Services.

(1) The cabinet shall consider a request for PAPSS made on behalf of an adopted child if:

(a) The adoptive parent receives adoption assistance for the child in accordance with 922 KAR 1:050 or 922 KAR 1:060; and

(b) Cabinet staff determines that after the provision of other prevention services, such as services provided in subparagraph (2)(b)2. of this section, the adoption of the child remains in jeopardy of dissolution.

(2) If the threshold criteria of subsection (1) of this section are met, the cabinet shall consider a child eligible for PAPSS if:

(a) Upon a child's placement with a child-caring facility or a decision to extend PAPSS, the child is assessed:

Prior to July 1, 2022, a level of care by the cabinet or its agent and determined to meet criteria for:

a. Level IV; or

b. Level V; or

On or after July 1, 2022, as a Level III as established in 922 KAR 1:360, Section 4(3); and

(b) The adoptive parent:

Receives adoption assistance for the child in accordance with 922 KAR 1:050 or 922 KAR 1:060;
Has cooperated with other services to prevent the adoption's dissolution, such as:

a. Targeted Case Management and other behavioral health services through Community Mental Health Centers and other Kentucky Medicaid Program behavioral health services providers;

b. Family Preservation Services in accordance with KRS 200.575; or

c. Crisis stabilization through the Kentucky Medicaid Program;

Authorizes the cabinet to:

a. Coordinate PAPSS for the child;

b. Make a referral on behalf of the child to a child-caring facility for the child's placement; and

c. Access confidential medical and treatment information about the child; and

Agrees to:

a. Participate in a family team meeting:

(i) To include designated regional cabinet staff, family members, staff of the child-caring facility providing services to the child, or other individuals requested by the family or cabinet staff;

(ii) Within the first thirty (30) days of a child's receipt of PAPSS; and

(iii) As established in Section 4(4) of this administrative regulation;

b. Cooperate with an assessment of the child to determine the child's needs and eligibility for PAPSS as required by paragraph (a) of this subsection;

c. Place the child with:

(i) A child-caring facility operating in accordance with 922 KAR 1:360, for which the commissioner or designee shall approve the placement of a child age ten (10) or younger; or

(ii) An out-of-state, licensed child care institution upon authorization by the cabinet for payment to the child care institution in accordance with Section 3(1) of this administrative regulation;

d. Participate in the child's treatment to support reunification with the child; and

e. A renegotiation of the child's adoption assistance to one (1) dollar, provided in accordance with 922 KAR 1:050 or 922 KAR 1:060, during the period of time the child receives PAPSS.

Section 3. Payment.

(1) To the extent funds are available, the cabinet shall pay a reimbursement rate for PAPSS consistent with the child's assessed level of care or as established in Section 2(2)(a) of this administrative regulation unless:

(a) The child's child care institution does not have an agreement with the cabinet in accordance with 922 KAR 1:360; and

(b) Approval for a different rate is obtained from the commissioner or designee.

(2) During the time period in which a child receives PAPSS, the cabinet shall temporarily reimburse for the renegotiated adoption assistance in accordance with:

(a) Section 2(2)(b)4.e. of this administrative regulation; and

(b) 922 KAR 1:050 or 922 KAR 1:060.

Section 4. Timeframes for PAPSS.

(1) The cabinet shall discontinue payment for PAPSS after the child has received PAPSS for sixty (60) calendar days, unless an additional time period of PAPSS has been approved in accordance with subsections (2) and (3) of this section.

(2) After the child has received PAPSS for sixty (60) calendar days, to the extent funds are available, the:

(a) Commissioner or designee may approve the child for an additional thirty (30) calendar days, for a total of ninety (90) calendar days of PAPSS, if the:

Child continues to meet the requirements specified in Section 2(2)(a) of this administrative regulation; and
Adoptive parent continues to meet the requirements specified in Section 2(2)(b) of this administrative regulation; or

(b) Cabinet may continue PAPSS to a child if the:

Child continues to meet the criteria established in Section 2(2)(a) of this administrative regulation;
Child's assessed needs require PAPSS beyond an additional thirty (30) calendar days; and
Adoptive parent:

a. Voluntarily commits the child to the cabinet in accordance with KRS 620.170 and 45 C.F.R. 1356.22; and

b. Continues to meet the criteria established in Section 2(2)(b) of this administrative regulation.

(3) To the extent funds are available, the cabinet may provide PAPSS to a child beyond ninety (90) calendar days in a twelve (12) month period, if the:

(a) Child continues to meet the criteria established in Section 2(2)(a) of this administrative regulation; and

(b) Adoptive parent meets the requirements of subsection (2)(b)3. of this section.

(4) If a child receives PAPSS, the cabinet shall call at least one (1) family team meeting for the child. The meeting may be called:

(a) At thirty (30) calendar day intervals; or

(b) More frequently than one (1) time in a thirty (30) day period with the consent of the adoptive parent.

Section 5. Continuation of PAPSS Through Voluntary Commitment.

(1) If an adoptive parent voluntarily commits a child to the cabinet for the child's continued benefit of PAPSS and continues to meet criteria established in Section 2(2)(b) of this administrative regulation, the cabinet shall seek no child support from the adoptive parent.

(2) Any extension to the voluntary commitment of the child to the cabinet shall be in accordance with KRS 620.170 and 45 C.F.R. 1356.22.

Section 6. Discontinuation and Aftercare. The cabinet may develop an aftercare plan for the adoptive parent and child, if the:

(1) Cabinet discontinues PAPSS; and

(2) Adoptive parent assists in the aftercare plan's development.

Section 7. Appeals.

(1) An adoptive parent shall be granted an administrative hearing in accordance with 922 KAR 1:320 if the cabinet fails to:

(a) Use reasonable promptness in its:

Response to a request for PAPSS; or
Referral of an eligible child to a child-caring facility for approved PAPSS; or

(b) Call a family team meeting for a child during the:

Sixty (60) calendar days a child receives PAPSS; or
Period of time a child receives an extension to PAPSS in accordance with Section 4(2) and (3) of this administrative regulation.

(2) Private child-caring facilities shall have appeal rights in accordance with 922 KAR 1:360, Sections 16 and 17.

(3) An adoptive parent may request a review by the commissioner if criteria of 922 KAR 1:320, Section 4(5) or 10(2) are met.

Section 8. Out-of-State Request for PAPSS. The cabinet shall consider out-of-state requests for a child adopted from the custody of the cabinet on a case-by-case basis, to include considerations regarding the:

(1) Needs of the child;

(2) Consent of the parent; and

(3) Extent of funds available.

History

RELATES TO: KRS 199.011, 200.575, 600.020, 605.100, 605.130, 620.170, 45 C.F.R. 1355.34(b), (c), 1356.22, 42 U.S.C. 673
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472, 605.100(1), 605.130(7), 605.150
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the cabinet to promulgate, administer, and enforce those administrative regulations necessary to qualify for the receipt of federal funds. To maintain eligibility for full funding under Title IV-E and IV-B of the Social Security Act, under 45 C.F.R. 1355.34(b) and (c), the cabinet shall design services to help children achieve permanency, to include post-legal adoption services. KRS 199.472 requires the cabinet to establish criteria for the adoption of children by administrative regulation. KRS 605.150 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605, including KRS 605.130(7), which requires the cabinet to perform other services necessary for the protection of children, and KRS 605.100(1), which requires the cabinet to arrange for a program of care, treatment, and rehabilitation of the children committed to it. This administrative regulation establishes post-adoption placement stabilization services for children who were adopted from the custody of the cabinet, to the extent funds are available.
History: 32 Ky.R. 178; 698; 901; eff. 11-16-2005; TAm eff. 8-24-2010; 45 Ky.R. 1454, 2398; eff. 3-13-2019; 48 ky.R2313; 49 Ky.R. 67; eff. 7-20-2022.

922 KAR 1:540 Registration of a foreign adoption {#sec-922-kar-1-540 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:540}

Section 1. Definitions.

(1) "Child" is defined by KRS 199.011(4).

(2) "Foreign adoption" means a decree, judgment, or final order of adoption as established in KRS 199.585(1).

(3) "IH3" or "IR3" means an immigration visa classification that indicates that the holder is an immediate relative of a United States citizen in accordance with 8 U.S.C. 1204 and 22 C.F.R. 42.11.

Section 2. Requirements for Certified Notice.

(1) In accordance with KRS 199.585, the cabinet shall issue a certified notice registering a foreign adoption in Kentucky if the adoptive parent presents the following items in hardcopy:

(a) The adopted child's:

Certificate of citizenship in accordance with 8 U.S.C. 1431;
Proof of the child's IR3; or
Proof of the child's IH3;

(b)

A copy of the original decree, judgment, or final order of the child's adoption; or
A translated copy of the original decree, judgment, or final order of the child's adoption, if the copy of the original decree, judgment, or final order of the child's adoption is not in English; and

(2) The adoptive parent shall submit the items required by subsection (1) of this section by mail to the Department for Community Based Services.

(3) The cabinet shall not issue a "DPP 188A, Foreign Adoption Certificate of Registration" until all items required by subsection (1) of this section are received.

Section 3. Limitations and Restrictions.

(1) In accordance with KRS 199.585(3), a petition for adoption shall be:

(a) Required for a foreign adoption without an item included in Section 2(1) of this administrative regulation; and

(b) Filed in the circuit court with the appropriate jurisdiction in accordance with KRS 199.470 or 199.475.

(2)

(a) The certified notice registering a foreign adoption in Kentucky shall be distinguished from a record of foreign birth; and

(b) An individual may apply for a record of foreign birth in accordance with KRS 213.056(2) through the Office of Vital Statistics.

Section 4. Record of Registered Foreign Adoptions.

(1) The cabinet shall issue the "DPP-188A, Foreign Adoption Certificate of Registration" as the certified notice registering a foreign adoption in Kentucky.

(2) The DPP-188A shall have the same force and effect as a legal adoption finalized in a circuit court of the Commonwealth of Kentucky.

(3) The cabinet shall maintain a copy of each certified notice registering a foreign adoption in Kentucky and supporting documentation in accordance with KRS 199.585(2).

(4) Within existing appropriations, the cabinet shall make up to three (3) additional copies of the DPP-188A available to an adoptive parent who:

(a) Made an application in accordance with Section 2 of this administrative regulation; and

(b) Resubmits the DPP-188 to request an additional copy of the DPP-188A.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-188, Application for Registration of Foreign Adoption", 02/21; and

(b) "DPP-188A, Foreign Adoption Certificate of Registration", 02/21.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS 199.011(4), 199.470, 199.475, 199.585, 213.056(2), 8 U.S.C. 1201-1204, 1421-1458, 42 U.S.C. 14901-14954, 22 C.F.R. Part 42
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472, 199.585(1), (2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the cabinet to promulgate, administer, and enforce administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet. KRS 199.585(1) and (2) require the cabinet to register, through a certified notice, an original decree, judgment, or final order of adoption of a child approved for United States citizenship issued by a court or another governmental authority with appropriate jurisdiction in a foreign country. KRS 199.472 mandates that the cabinet establish criteria for the adoption of children by administrative regulation. This administrative regulation establishes a certified notice registering a foreign adoption in Kentucky.
History: 32 Ky.R. 824; 1117; eff. 1-6-2006; Crt eff. 11-26-2019; 47 Ky.R. 1849, 2603; eff. 6-16-2021.

922 KAR 1:550 Operator's license for children in the custody of the cabinet {#sec-922-kar-1-550 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:550}

Section 1. Definitions.

(1) "Age or developmentally appropriate" is defined by KRS 600.020(2).

(2) "Cabinet" is defined by KRS 199.011(3) and 600.020(7).

(3) "Caregiver" is defined by KRS 605.102(1).

(4) "Child" is defined by KRS 199.011(4) and 600.020(9).

(5) "Reasonable and prudent parent standard" is defined by 199.011(15) and 600.020(52).

Section 2. Eligibility determination and application.

(1) The cabinet and the child's caregiver shall use the reasonable and prudent parent standard to verify a child's readiness to obtain an operator's license, motorcycle operator's license, intermediate license, or instruction permit.

(2) The cabinet shall form a team to include:

(a) The child;

(b) The child's caregiver or caregiver representative, including the child's foster parent if applicable; and

(c) Another person involved with the child who shall assist the cabinet in verifying whether the child is age or developmentally appropriate to obtain an operator's license, motorcycle operator's license, intermediate license, or instruction permit.

(3) The child's team shall discuss the following to ascertain the child's readiness to obtain his or her instruction permit or operator's license:

(a) The child's understanding of the requirements to obtain an instruction permit or operator's license;

(b) The child's roles and responsibilities in meeting the operator's permit or license requirements;

(d) Ongoing academic requirements;

(e) Age and developmental level in accordance with KRS 605.102;

(f) Placement history and current placement stability;

(g) Previous driving history when applicable; and

(h) Child's history of public charges.

(4) The child shall authorize the cabinet to request and inspect the child's driving record.

(5) If a child's team verifies that a child possesses the requisite skills and understanding of the responsibilities associated with obtaining an operator's permit or license and operating a motor vehicle or motorcycle, the child's team shall allow the child to proceed with the permit or license application process.

(6) Prior to a child proceeding to the circuit clerk's office to obtain his or her instruction permit, cabinet staff shall provide verification to the child on cabinet letterhead that the child is in foster care.

(7) Any person who signs an operator's permit or license application for a child shall be responsible in accordance with KRS 186.470 or 186.590.

(8) A child's team shall develop a plan to assist a child in obtaining an operator's permit or license in the future if:

(a) The team verifies that the child is not ready to apply; and

(b) The barrier to obtaining an operator's permit or license is within the ability of the child to correct.

Section 3. Insurance.

(1) A child in the custody of the cabinet shall:

(a) Be added to his or her caregiver's insurance policy; or

(b) Apply to obtain an insurance policy with the assistance of the cabinet to the extent that resources are available.

(2) To the extent that funds are available, the cabinet shall:

(a) Fund, in whole or part, an insurance policy for a child; or

(b) Reimburse, in whole or part, a caregiver who has added a foster child to a vehicular insurance policy for the foster child's portion of the premium.

(3) Any person who permits a minor under the age of eighteen (18) to drive his or her vehicle shall comply with KRS 186.590.

(4) A child in the custody of the cabinet shall follow all procedures required by the insurance company during the application process.

Section 4. Cancellation.

(1) Cancellation of an operator's license, motorcycle operator's license, intermediate license, or instruction permit for a child in the custody of the cabinet shall be made in accordance with KRS 186.470 and 605.102.

(2) A person who files the verified written request for cancellation of a child's operator's license, motorcycle operator's license, intermediate license, or instruction permit shall provide notice to the child's cabinet worker or the local office of the Department for Community Based Services charged with the child's case management in accordance with KRS 186.470.

Section 5. Service Complaint. A foster child may file a service complaint in accordance with 922 KAR 1:320.

History

RELATES TO: KRS 186.450, 186.470, 186.480, 186.590, 199.011(3), (4), (15), 600.020(2), (52), 605.102, 42 U.S.C. 672, 675, 677
STATUTORY AUTHORITY: KRS 194A.050(1), 605.102(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 605.102 authorizes the cabinet to promulgate an administrative regulation to implement a process utilizing the reasonable and prudent parent standard, in conjunction with the child's caregiver, to: (1) verify that a child in the custody of the cabinet is age or developmentally appropriate to apply for an operator's license, motorcycle operator's license, intermediate license, or instruction permit, and (2) request cancellation of a child's operator's permit or license. This administrative regulation establishes the process for a child in the custody of the cabinet to apply for and obtain an operator's permit or license, cancellation of an operator's permit or license of a child in the custody of the cabinet, and service complaints.
History: 44 Ky.R. 482, 1086; eff. 1-5-2018; Cert eff. 12-9-2024.

922 KAR 1:560 Putative father registry and operating procedures {#sec-922-kar-1-560 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:560}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 199.011(3).

(2) "Child-placing agency" is defined by KRS 199.011(6).

(3) "Department" is defined by KRS 199.011(7).

(4) "Putative father" is defined by KRS 199.503(2).

(5) "Reasonable efforts" is defined by KRS 620.020(13).

Section 2. Registry Standards.

(1) The cabinet shall establish and maintain a putative father registry in accordance with KRS 199.503, 199.505, and 199.990.

(2) Information received and recorded by the cabinet shall be kept confidential in accordance with KRS 194A.060 and 199.503(11).

(3) An adoption involving a foreign-born child, initiated out-of-state, or obtained through a public agency shall not be subject to this administrative regulation pursuant to KRS 199.505(7).

Section 3. Submission of Registration.

(1) A putative father shall request registration on the putative father registry by completing the DPP-1304, Putative Father Registration Form.

(2) A putative father shall submit a DPP-1304 to the cabinet by:

(a) Mail to the Department for Community Based Services, attention: Putative Father Registry, 275 East Main Street, mail-stop 3C-E, Frankfort, Kentucky 40621;

(b) Electronic submission through the online registration system located on the department's Web site once the online function is available; or

(3) A putative father shall provide the following information on the DPP-1304 prior to the cabinet accepting and processing a registration request:

(a) The putative father's full name;

(b) The putative father's date of birth;

(d) The putative father's place of residence;

(e) An address where the putative father may be served with notice of a petition for termination of parental rights or adoption;

(f) The first and last name of the birth mother;

(g) The birth mother's date of birth, if known;

(h) The birth mother's place of birth, if known;

(i) The birth mother's place of residence, if known;

(j) The birth mother's mailing address, if known;

(k) The child's name, if known;

(l) The child's date of birth, if known; and

(m) The child's place of birth, if known.

(4) A putative father shall sign the DPP-1304 verifying that the information in his registration is accurate subject to penalty in accordance with KRS 199.990.

(5) A putative father who is registered shall submit an amended DPP-1304 each time information about the father changes in accordance with KRS 199.503(4)(b)2.

(6) The cabinet shall not accept and shall attempt to return a DPP-1304 that:

(a) Does not contain the information required by subsection (3) of this section; or

(b) Is not accepted in accordance with subsection (8) of this section.

(7) The cabinet shall:

(a) Accept a DPP-1304 that contains information required by subsection (3) of this section and is submitted within the timeframe specified in subsection (8) of this section; and

(b) Provide the putative father with a copy of his registration, including:

A registration number; and
The date the registration was processed and made effective by the cabinet.

(8) The cabinet shall not accept a registration request that is electronically submitted, electronically mailed, or postmarked more than twenty-one (21) days after the birth of the child subject to the registration in accordance with KRS 199.480(1)(b)2. and 625.065(1)(b).

Section 4. Search of the Putative Father Registry.

(1) An individual or entity authorized by KRS 199.503(8) or 199.505, to receive a certified copy of a putative father's registration shall:

(a) Complete the DPP-1305, Putative Father Registry Search Request;

(b) Include a copy of the birth mother's consent or adoption petition with the DPP-1305; and

(2) Unless the entity requesting a certified copy of a putative father's registration is a court, a DPP-1305 shall include a twenty-five (25) dollar fee in accordance with KRS 199.503(10), paid by:

(a) Certified or cashier's check or money order made payable to the Kentucky State Treasurer if the DPP-1305 is mailed to the cabinet;

(b) A prepaid account established with the cabinet; or

(3) Upon submission of a completed DPP-1305 in accordance with this section, KRS 199.503 and 199.505, the cabinet shall issue a DPP-1302, Kentucky Putative Father Registry Affidavit of Diligent Search.

(4) The cabinet may request at any time a search of the putative father registry to establish:

(a) Reasonable efforts in a child protective services case in accordance with 922 KAR 1:330; or

(b) Permanency services in accordance with 922 KAR 1:140.

(5) Pursuant to KRS 199.505, a search of the putative father registry shall not be required for a public agency adoption in accordance with 922 KAR 1:100.

Section 5. Registration Revocation.

(1) A putative father registrant may revoke his registration at any time using the DPP-1304.

(2) The cabinet shall revoke a registration that is found to have been filed with error or false information.

(3) The cabinet shall provide notice of:

(a) Revocation of a registration; and

(b) Appeal rights in accordance with 922 KAR 1:320 if the revocation is performed by the cabinet in accordance with subsection (2) of this section.

Section 6. Notice by a Mother.

(1) A mother may notify the cabinet of a potential putative father by completing, at a minimum, Part 1 of the DPP-1303, Birth Mother Notification of Putative Father, and submitting it to the cabinet in accordance with Section 3(2)(a) through (c) of this administrative regulation.

(2) Upon receipt of a completed DPP-1303, the cabinet shall provide the putative father with information regarding the putative father registry by:

(a) Mail to his mailing address; or

(b) Delivery to his place of residence.

(3) The cabinet shall take no action on a DPP-1303 that is received after a putative father's ability to register has expired in accordance with Section 3(8) of this administrative regulation.

Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DPP-1302, Kentucky Putative Father Registry Affidavit of Diligent Search", 11/2019;

(b) "DPP-1303, Birth Mother Notification of Putative Father", 11/2019;

(d) "DPP-1305, Putative Father Registry Search Request", 11/2019.

History

RELATES TO: KRS 194A.060, 199.011, 199.480, 199.505, 199.990, 620.020(13), 625.065
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472, 199.503(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet. KRS 199.472(1) requires the cabinet to promulgate administrative regulations that establish criteria to be followed for the adoption of children.KRS 199.503(3) requires the cabinet to establish a putative father registry and promulgate administrative regulations to administer the registry. This administrative regulation establishes the putative father registry and operating procedures.
History: 45 Ky.R. 600; 1294; 1682; eff. 12-12-2018; 46 Ky.R. 771; 1173; eff. 11-1-2019; TAm eff. 11-7-2019; Crt eff. 7-1-2026.

922 KAR 1:565 Service array for a relative or fictive kin caregiver {#sec-922-kar-1-565 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:565}

Section 1. Definitions.

(1) "Absent parent search" means cabinet-initiated efforts to locate a biological or legal parent, or a relative.

(2) "Cabinet" is defined by KRS 194A.005(1), 199.011(3), and 600.020(7).

(3) "Case permanency plan" is defined by KRS 620.020(1).

(4) "Child" means a:

(a) Child defined by KRS 199.011(4) and 600.020(9);

(b) Person age eighteen (18) or older whose commitment to the cabinet has been extended or reinstated by a court in accordance with KRS 610.110(6) or 620.140(1)(e); or

(5) "Child Care Assistance Program" or "CCAP" means Kentucky's child care subsidy program providing families who meet the eligibility requirements with the financial resources to find and afford quality child care, as established in 922 KAR 2:160.

(6) "Child who is a candidate for foster care" is defined by 42 U.S.C. 675(13).

(7) "Fictive kin" is defined by KRS 199.011(9) and 600.020(28).

(8) "Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.

(9) "Parent" is defined by 42 U.S.C. 675(2).

(10) "Relative" means an individual related to a child by blood, marriage, or adoption.

(11) "Relative or fictive kin foster home" means a foster home:

(a) In which the individual approved as a foster parent is a:

Relative; or
Fictive kin; and

(b) Approved by the cabinet in accordance with 922 KAR 1:350.

Section 2. Identification of a Relative or Fictive Kin.

(1) If a relative or fictive kin placement is in the best interest of a child upon removal from the child's home of origin, the cabinet shall:

(a) Use an absent parent search in accordance with 922 KAR 1:140, Section 3, to locate a relative;

(b) Discuss a prospective relative or fictive kin placement with the:

Child's parent; and
Child, based upon the age and development of the child; or

(c) Require the parent or other person exercising custodial control or supervision to provide a list of possible persons to be considered pursuant to KRS 620.140(1)(c).

(2) Cabinet staff shall make reasonable attempts to:

(a) Contact the relative or fictive kin; and

(b) Assess the relative's or fictive kin's fitness to serve as a placement resource for the child in accordance with Section 3 of this administrative regulation.

(3) The cabinet shall:

(a) Disclose legal and service options available to a prospective relative or fictive kin:

Who is being assessed as a placement resource; and
Prior to the time a child is placed in the relative's or fictive kin's home; and

(b) Obtain written acknowledgement of the disclosure of legal and service options from the relative or fictive kin.

Section 3. Fitness of the Relative or Fictive Kin.

(1) To support a child's health, safety, and wellbeing in placement with a relative or fictive kin caregiver, based upon the legal option selected by the relative or fictive kin, the cabinet shall:

(a) Complete a safety check and review with consideration given to the relative's or fictive kin's:

Willingness and ability to:

a. Protect the child from abuse or neglect;

b. Participate in the child's case permanency plan;

c. Access:

(i) Transportation;

(ii) Telephone;

(iii) Medical and dental services;

(iv) First aid supplies; and

(v) School;

d. Provide full-time care;

e. Provide for the child's sleeping and eating;

f. Maintain adequate heat and ventilation in the home;

g. Use active smoke detectors in the home; and

h. Assure the child's inaccessibility to:

(i) Medication unless an exception consistent with 922 KAR 1:350, Section 3(12), applies;

(ii) Alcoholic beverages;

(iii) Poisonous materials;

(iv) Firearms or ammunition in accordance with KRS 527.100 and 527.110;

(v) Unsupervised contact with the birth parent, if prohibited; and

(vi) Cleaning materials unless the materials are age or developmentally appropriate for the child or the child is supervised; and

Understanding of the impact that familial abuse, neglect, or substance abuse may have on a child and the child's extended family; and
Fitness in accordance with 922 KAR 1:490; or

(b) Conduct a home study and background checks in accordance with 922 KAR 1:350 and 922 KAR 1:490 in consideration of the relative or fictive kin as a prospective foster or adoptive home.

(2) A relative or fictive kin caregiver who seeks approval as a relative or fictive kin foster home or adoptive home shall meet the training requirements established in 922 KAR 1:495.

(3) The cabinet shall:

(a) Document in the case file that the fictive kin has completed training on the prevention and recognition of pediatric abusive head trauma in accordance with KRS 199.462; and

(b) Provide information to the relative or fictive kin on how to recognize and report child abuse and neglect.

(4) To the extent funds are available, the cabinet shall make available to a relative or fictive kin caregiver training:

(a) For foster parents, adoptive parents, and respite care providers in accordance with 922 KAR 1:495; and

(b) Developed to address the needs of relative and fictive kin caregivers, including management of the relationship with the child's parent.

(5) A relative's or fictive kin's decision to pursue approval as a foster parent shall not guarantee the cabinet's approval.

Section 4. Relative or Fictive Kin Placement Support Benefit.

(1) To the extent that funds are available, the cabinet shall provide, if requested, a one (1) time per placement relative or fictive kin placement support benefit:

(a) To facilitate the child's placement with a nonparental relative or fictive kin;

(b) If a court of competent jurisdiction has granted temporary custody of the child to the relative, fictive kin, or the cabinet due to:

Alleged child abuse or neglect; or
The death of both parents;

Clothing;
School supplies;
Additional furniture; or
A deposit for a larger apartment; and

(d) That is equal to or does not exceed the amount for the appropriate number of eligible children as follows:

(2)

(a) The relative or fictive kin placement support benefit shall be issued by check or electronic fund transfer directly to:

The relative or fictive kin caregiver with whom the child is placed; or
A vendor providing the needed service or item listed in subsection (1)(c) of this section.

(b) Prior to the provision of the relative or fictive kin placement support benefit, the relative, fictive kin, or vendor shall provide tax status and contact information for accounting of the benefit's disbursement.

(3)

(a) In accordance with Kentucky's Title IV-A Temporary Assistance for Needy Families Block Grant state plan, the cabinet shall prioritize a child for the relative placement support benefit if the child is:

Placed with a relative whose household income is at or below 200 percent of the federal poverty level as determined annually by the U.S. Department of Health and Human Services; or
Determined eligible for KTAP pursuant to 921 KAR 2:006 and 921 KAR 2:016.

(b) Pursuant to 42 U.S.C. 601, Temporary Assistance for Needy Families Block Grant funds shall not be provided to a fictive kin caregiver.

(4) A relative or fictive kin caregiver shall not be eligible for an initial clothing allowance as a foster parent if the relative or fictive kin receives the relative or fictive kin placement support benefit.

Section 5. Legal Options.

(1) The following legal options shall be available to a prospective relative or fictive kin caregiver:

(a) Family-arranged care through:

A written plan in accordance with 922 KAR 1:330;
An affidavit to make health care treatment and school-related decisions for the child in accordance with KRS 405.024; or
A power of attorney for temporary delegation of parental rights and responsibilities in accordance with KRS 403.352 and 403.353;

(b) Court-ordered custody to the relative or fictive kin caregiver in accordance with KRS 403.270-403.355, 620.090, or 620.140(1)(c);

(d) Adoption in accordance with KRS 199.470-199.590 or 922 KAR 1:100;

(e) Guardianship in accordance with KRS Chapter 387; or

(f) Subsidized permanent custody in accordance with 42 U.S.C. 673 and 922 KAR 1:145.

(2) Considerations in assessing the legal options for a relative or fictive kin caregiver shall include:

(a) The likelihood of the child's reunification with the child's home of origin, including the child's permanency goal in accordance with 922 KAR 1:140;

(b) The relationship that the relative or fictive kin caregiver has with the child's home of origin or parent;

Manage parental visitation; and
Ensure the child's safety;

(d) The relative or fictive kin caregiver's financial situation and need for additional resources to support the safety, permanency, and wellbeing of the child;

(e) The level of involvement and types of services that will be needed from the cabinet for the caregiver and the child to ensure the safety, permanency, and wellbeing of the child; and

(f) The level of support and types of services that will be needed if:

The caregiver assumes legal responsibility for the child; or
Reunification with the child's home of origin is not possible for the child.

(3) Permanency services for a child in the custody of the cabinet shall be in accordance with 922 KAR 1:140.

Section 6. Service Options.

(1) The array of monetary supports on behalf of a child placed with a relative or fictive kin caregiver shall include:

(a) The Relative or Fictive Kin Placement Support Benefit in accordance with Section 4 of this administrative regulation;

(b) CCAP in accordance with 922 KAR 2:160;

(d) KTAP if an application is made in accordance with 921 KAR 2:006 and 921 KAR 2:016;

(e) The Kinship Care Program in accordance with 922 KAR 1:130;

(f) Health benefits for the child:

In accordance with 907 KAR 20:005; or
If application is made in accordance with 907 KAR 20:015, 907 KAR 4:020, or 907 KAR 4:030;

(g) Foster care per diem in accordance with:

a. 922 KAR 1:350; or

b. D.O. v. Glisson, 847 F.3d 374 (6th Cir. 2017), cert. denied, 17-17, 2017 WL 2869916 (U.S. Oct. 10, 2017); and

The terms and conditions specified in the individual agreement between the cabinet and the foster parent;

(h) Adoption assistance in accordance with 922 KAR 1:050 or 922 KAR 1:060;

(i) To the extent funds are available, post-permanency services, including:

Subsidized permanent custody in accordance with 42 U.S.C. 673 and 922 KAR 1:145; or
Post-adoption placement stabilization services in accordance with 922 KAR 1:530; or

(j) The Supplemental Nutrition Assistance Program if application is made and approved in accordance with 921 KAR 3:030.

(2) To the extent funds are available, the cabinet shall provide prevention and family services and programs in accordance with 42 U.S.C. 671(e) to a child who is a candidate for foster care, including:

(a) Mental health and substance abuse prevention and treatment services; or

(b) In-home parent skill-based programs.

(3) To the extent funds are available, the cabinet or its designee shall provide the following services for a relative or fictive kin caregiver:

(a) A hotline;

(b) Online portal;

(d) Support group;

(e) Advocacy;

(f) Caregiver training;

(g) Community education; and

(h) Referral to community resource or provider, such as:

Family Resource and Youth Service Centers established in accordance with KRS 156.496;
The Health Access Nurturing Development Services (HANDS) Program in accordance with 902 KAR 4:120;
The Special Supplemental Nutrition Program for Women, Infants, and Children or "WIC program" in accordance with 902 KAR Chapter 18;
Kentucky's Early Intervention Program, First Steps, in accordance with 902 KAR Chapter 30;
Mental health programming; or
Caregiver programming made available through the Department for Aging and Independent Living or its designee.

(4) The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-45.241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.

Section 7. Complaint and Service Appeals.

(1) A relative or fictive kin caregiver may submit a service complaint or an appeal concerning a protection and permanency service in accordance with 922 KAR 1:320.

(2) An appeal concerning CCAP shall be made in accordance with 921 KAR 2:055, 922 KAR 2:020, or 922 KAR 2:260.

(3) An appeal regarding KTAP shall be made in accordance with 921 KAR 2:055.

(4) An appeal concerning the Supplemental Nutrition Assistance Program shall be made in accordance with 921 KAR 3:060 or 921 KAR 3:070.

History

RELATES TO: KRS 2.015, 45.237-45.241, 156.496, 194A.005(1), 199.011, 199.462, 199.470-199.590, 205.211, Chapter 387, 403.270-403.355, 405.024, 527.100, 527.110, 600.020, 605.120, 610.110, 620.020(1), 620.090, 620.140, 620.142, 620.170, 42 U.S.C. 601-619, 671, 673, 675, D.O. v. Glisson, 847 F.3d 374 (6th Cir. 2017), cert. denied, 17-17, 2017 WL 2869916 (U.S. Oct. 10, 2017)
STATUTORY AUTHORITY: KRS 194A.050(1), 605.130(7), 605.150(1), 620.142(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement provisions of the chapter, including KRS 605.130(7), which authorizes the cabinet to perform such other services as may be deemed necessary for the protection of children. KRS 620.142(5) requires the cabinet to promulgate administrative regulations developing custodial, permanency, and service options that shall be available to a relative or fictive kin caregiver. This administrative regulation establishes the service array available to a relative or fictive kin caregiver pursuant to KRS 620.142(1).
History: 45 Ky.R. 2284, 2942, 3187; eff. 5-31-2019; 46 Ky.R. 773, 1174; eff. 11-1-2019; 48 Ky.R. 1426; eff. 1-13-2022; 50 Ky.R. 1603, 2233; eff. 6-19-2024.

922 KAR 1:580 Standards for children's advocacy centers {#sec-922-kar-1-580 omnilex-key=us-ky-regs-official--title-922--922 KAR 1:580}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 600.020(7).

(2) "Governing board" or "board" means the board of directors vested with the legal responsibility for management of the children's advocacy center.

(3) "Referral agreement" means a written protocol or process:

(a) Defined within the operating policies of the center; and

(b) That details how services required by Section 4 of this administrative regulation are established for the center's clients if the center does not have the capacity to provide these services.

(4) "Regional children's advocacy center" or "center" means an agency defined by KRS 620.020(4) and designated by the cabinet to serve as the regional children's advocacy center in accordance with KRS 620.045(1).

Section 2. Governing Board of Directors.

(1) A center shall be managed by a governing board in order to allow community involvement in the planning, development, and evaluation of services.

(2) The duties of the board shall be to:

(a) Ensure that the facility housing the center meets the standards established in the "National Children's Alliance 2023 Standards of Accreditation for Children's Advocacy Centers", beginning July 1, 2024; and

(b) Recruit and maintain board members who provide broad regional representation of the area development district where the center is located.

(3) A center shall maintain good standing as a private, nonprofit agency within the Commonwealth of Kentucky and adhere to the applicable requirements of KRS Chapter 273 relating to the board of directors and organization.

Section 3. Personnel Management.

(1) A personnel file shall be maintained by the center for each employee.

(2) The minimum contents of the personnel file shall include:

(a) Current professional credentials to reflect training and experience adequate for qualification for the position to which the employee is hired;

(b) Conditions or terms of employment that shall include a confidentiality statement signed by the employee;

(c) A personnel action document reflecting a change in status of an employee, such as salary change, promotion, resignation, or termination;

(d) A position description document including title of the position, description of duties, and requirements of training and experience necessary to qualify for the position; and

(e) Results from a criminal records background and central registry check conducted in accordance with KRS 17.165 and 922 KAR 1:470 on the employee during the application process and every two (2) years thereafter while employed by the center.

(3) Beginning July 1, 2024, written personnel policies and procedures shall be established by the center and shall meet the requirements established in the "National Children's Alliance 2023 Standards of Accreditation for Children's Advocacy Centers".

(4) The governing board shall employ one (1) staff person as executive director of the children's advocacy center. The executive director shall have:

(a) A minimum of a master's degree from an accredited college or university; and

(b) Three (3) years of post-bachelor's degree experience in administration.

(5) A governing board shall establish the staff positions necessary to support the administration and service delivery of the agency.

(6) A forensic interviewer, if employed by the center, shall have:

(a) A minimum of a master's degree from an accredited college or university in a mental health, education, human services, or criminal justice field; and

(b) Two (2) years of post-bachelor's degree direct service experience with children.

(7) Staff providing direct services shall have a minimum of a bachelor's degree from an accredited college or university.

(8) An employee of a children's advocacy center shall be at least twenty-one (21) years of age.

(9) An applicant for employment shall submit to a criminal records check in accordance with KRS 17.165 and 922 KAR 1:470 during the application process and every two (2) years thereafter while employed by the center.

(10) A center volunteer who has access to or contact with a child shall submit to a criminal records check in accordance with KRS 17.165 and 922 KAR 1:470 prior to beginning service to the center and every two (2) year thereafter while service is being provided to the center.

(11) An employee of a center under indictment or legally charged with a violent or sex crime as defined in KRS 17.165 shall be immediately removed from contact with children in the center until the employee is cleared of the charge.

(12) A center volunteer under indictment or legally charged with a violent or sex crime as defined in KRS 17.165 shall be immediately removed from contact with children in the center until the center volunteer is cleared of the charge.

(13) An employee or designated agent shall have immunity from civil liability arising from performance within the scope of the person's duties and shall be provided a defense in civil actions pursuant to KRS 620.050(2).

Section 4. Center Services and Standards. Beginning July 1, 2024, A center shall meet the standards contained in the "National Children's Alliance 2023 Standards for Accreditation for Children's Advocacy Centers".

Section 5. Client Files and Documentation.

(1) A center shall open a client file for a child who is provided a service, excluding service that is limited to a telephone conversation.

(2) A client file shall include information sufficient to document the services provided or referral made by the center and shall include:

(a) The names of the client and primary caregiver;

(b) The name of the recipient of service;

(d) The client's date of birth;

(e) Each date of service provided by the center;

(f) The name and title of each service provider of the center;

(g) A description of any services provided by the center;

(h) The referral sources used;

(i) A description of any follow-up services provided; and

(j) Descriptions of contacts with, report to, and referrals from the cabinet and law enforcement agency.

(3)

(a) A center shall maintain a system for tracking:

Services rendered by region, except that comprehensive medical services and forensic interviewing shall be tracked by county of the client's residence;
Clients seen by county of client's residence;
Referrals made; and
Contacts with other community agencies on behalf of clients.

(b) Documentation shall be sufficient to support statistics reported to the cabinet.

Section 6. Funding.

(1)

(a) The cabinet shall designate one (1) regional children's advocacy center in each area development district.

(b) A children's advocacy center designated on or after July 1, 2007, shall retain the designation unless it has been rescinded by the cabinet based on:

Periodic review of the center's performance; or
The annual plan and budget submitted by the center to the cabinet for funding for the next fiscal year.

(c) The cabinet shall notify the Office of the Attorney General, the Department for Medicaid Services, and the Justice and Public Safety Cabinet of any designation of a regional children's advocacy center made pursuant to this administrative regulation.

(2) The requirements of this administrative regulation shall not prohibit the center from applying for nongovernmental grants or fundraising to support efforts consistent with the mission of the center.

(3)

(a) In addition to the provisions of subsection (1)(b) of this section, the Commissioner of the Department for Community Based Services may rescind the designation of a center if a determination is made that the center failed to:

Submit a budget and plan for services that substantiates the capacity to provide services specified in KRS 620.020(4) and in accordance with this administrative regulation;
Operate in accordance with a budget and plan for services approved by the cabinet; or
Operate in accordance with the requirements of this administrative regulation.

(b) Any notice of rescission of a designation shall:

Be in writing;
Be mailed to the center's last known mailing address;
State the basis for the rescission;
State the effective date of the rescission; and
State any appeal rights.

(c) The cabinet shall notify the Office of the Attorney General, the Department for Medicaid Services, and the Justice and Public Safety Cabinet of any notice of rescission of a designation of a regional children's advocacy center issued pursuant to this administrative regulation. Failure by the cabinet to provide such notice shall not serve as grounds for the affected center to invalidate the notice of rescission.

(4) Cabinet funding for a center shall be contracted through the regional center or the centers' state association.

(5) A center may contract or establish referral agreements with other agencies or professionals to provide services established in the "National Children's Alliance 2023 Standards for Accreditation for Children's Advocacy Centers".

(6)

(a) Except in cases where designation has terminated, as established in subsection (1)(b) of this section, a center that has received written notice that its designation has been rescinded may appeal the determination of the Commissioner of the Department for Community Based Services by requesting an administrative hearing.

(b) Any request for an administrative hearing shall be in writing and shall be received by the Department for Community Based Services within thirty (30) days of the date of receipt of the notice of rescission. This type of request shall be sent to the Office of the Commissioner, Department for Community Based Services, Cabinet for Health and Family Services, 275 East Main Street, 3E-A, Frankfort, Kentucky 40621.

(c) Any administrative hearing held pursuant to this administrative regulation shall be conducted in accordance with KRS Chapter 13B by a hearing officer employed by the cabinet.

(d) A request for an administrative appeal shall stay the rescission of the designation until the administrative appeal process is final.

(e) The stay on the rescission of the designation granted by paragraph (d) of this subsection shall not extend to judicial review, unless a stay is granted pursuant to KRS 13B.140(4).

Section 7. Audit and Monitoring.

(1) The cabinet or its agent shall randomly, or upon receipt of a complaint, audit, monitor, or conduct program reviews of a center.

(2) A center shall allow the cabinet or its agent access to its property and records as required by subsection (1) of this section.

Section 8. Grievance and Appeals Process. Client grievances. A center shall establish a written grievance procedure that shall:

(1) Be given to the parent or guardian of each child who comes to the center for services; and

(2) Contain a description of the services provided by the center and the procedure for filing a client grievance in accordance with 922 KAR 1:320, Section 10.

Section 9. Incorporation by Reference.

(1) "National Children's Alliance 2023 Standards of Accreditation for Children's Advocacy Centers", 2023 Edition, is incorporated by reference.

History

RELATES TO: KRS Chapter 13B, 17.165, Chapter 273, 600.020(7), 620.020, 620.045, 620.050
STATUTORY AUTHORITY: KRS 194A.050(1), 620.045(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary under applicable state laws to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of the citizens of the Commonwealth and to operate the programs and fulfill the responsibilities of the cabinet. In order to be eligible for grants from state government entities, KRS 620.045(2) requires children's advocacy centers to comply with the statutory definition established in KRS 620.020(4) and administrative regulations promulgated by the cabinet. This administrative regulation establishes program standards for children's advocacy centers.
History: 28 Ky.R. 1540; Am. 1884; eff. 2-7-2002; 29 Ky.R. 1417; 1825; eff. 1-15-2003; Recodified from 922 KAR 1:440, 4-4-2007; 34 Ky.R. 140; 800; 1494; eff. 12-17-2007; TAm eff. 3-28-2008; 43 Ky.R. 1103, 1383; eff. 3-3-2017; Recodified from 920 KAR 2:040, eff. 2-1-2019; 47 Ky.R. 1851, 2604; eff. 6-16-2021; 50 Ky.R. 481, 1074; eff. 1-11-2024.

Chapter 2 Day Care

922 KAR 2:020 Child Care Assistance Program (CCAP) improper payments, claims, and penalties {#sec-922-kar-2-020 omnilex-key=us-ky-regs-official--title-922--922 KAR 2:020}

Section 1. Definitions.

(1) "Agency error" means an error on the part of the cabinet or its designee.

(2) "Cabinet" means the Cabinet for Health and Family Services or its designee.

(3) "Child Care Assistance Program" or "CCAP" means Kentucky's child care subsidy program providing families, who meet the eligibility requirements of 922 KAR 2:160, with the financial resources to find and afford quality child care.

(4) "Child care provider" means the individual, business, or business proprietor who is receiving, or has received, payment for child care services under CCAP.

(5) "Claim" means an amount owed to the cabinet as a result of an overpayment of CCAP.

(6) "Claimant" means a current or former CCAP recipient, or child care provider subject to a claim.

(7) "Compromise a claim" means accepting less than the full value of a claim.

(8) "Hearing officer" is defined by KRS 13B.010(7).

(9) "Improper payment" is defined by KRS 45.237(1)(f) or 45 C.F.R. 98.100(d).

(10) "Inadvertent error claim" means an overpayment resulting from a misunderstanding or unintended error on the part of a recipient or a child care provider.

(11) "Intentional program violation" or "IPV" means a CCAP recipient, or child care provider having intentionally:

(a) Made a false or misleading statement; or

(b) Misrepresented, concealed, or withheld facts.

(12) "Overpayment" means a CCAP payment which exceeded the amount a CCAP recipient, or a child care provider was eligible to receive.

(13) "Recipient" means a family who has been found eligible for CCAP.

(14) "Terminate a claim" means ceasing all collection actions on a claim.

(15) "Underpayment" means a payment which was less than the amount a recipient or a child care provider was eligible to receive.

Section 2. Responsibility for a Claim.

(1) A parent of a recipient household or a child care provider shall be responsible for paying a claim which resulted from an:

(a) Overpayment due to an action or inaction on the part of the recipient or the child care provider, including failure to report a change in circumstance in accordance with 922 KAR 2:160, Section 12; or

(b) Agency error that provided the recipient or the child care provider with an overpayment.

(2) The cabinet shall make an exception to subsection 1(b) of this section if the recipient:

(a) Is approved for CCAP in accordance with 922 KAR 2:160, Section 5 or 6; and

(b) Complied with the requirements of the recipient's:

Case plan developed in accordance with 922 KAR 1:430; or
Kentucky Works Program self-sufficiency plan developed in accordance with 921 KAR 2:370.

Section 3. Claim Category.

(1) A claim shall be classified in one (1) of the following three (3) categories:

(a) A claim resulting from an IPV;

(b) Inadvertent error claim; or

(2) The cabinet shall establish an IPV against a recipient or a child care provider if:

(a) A court of appropriate jurisdiction issues a conviction, or accepts an Alford or guilty plea, related to an IPV in CCAP against a parent of the recipient household or the child care provider;

(b) A parent of the recipient household or a child care provider completes, signs, and returns the:

DCC-84 Supplement A, Voluntary Waiver of Administrative Disqualification Hearing, 2024; or
DCC-83, Deferred Adjudication Disqualification Consent Agreement, 2024; or

(c) A hearing officer or an agency head makes a determination finding an IPV as a result of an administrative disqualification hearing.

Section 4. Action on an Improper Payment.

(1) The cabinet shall investigate each:

(a) Instance of an improper payment; or

(b) Allegation of an IPV related to a:

Recipient; or
Child care provider.

(2) The cabinet shall initiate action to correct an improper payment in a CCAP case.

(3) If an overpayment has occurred, the cabinet shall:

(a) Determine the amount of overpayment in accordance with Section 5 of this administrative regulation; and

(b) Categorize and establish a claim to recover the amount of the overpayment.

(4) If the cabinet has sufficient documentary evidence to confirm that a recipient or child care provider has committed an IPV, the cabinet shall:

(a)

Refer the case to the cabinet's Office of Inspector General (OIG) for investigation or referral for prosecution if warranted by the facts of the case;
Initiate an administrative disqualification hearing in accordance with Section 9 of this administrative regulation; or
Accept a parent of a recipient household or a child care provider's waiver of an administrative disqualification hearing through the parent or child care provider's completing, signing, and returning a DCC-84 Supplement A as specified in Section 3(2)(b) of this administrative regulation; and

(b) Take an action necessary to establish a claim to collect any overpayment resulting from the suspected IPV.

Section 5. Calculating a Claim.

(1) The cabinet shall calculate the amount of an overpayment for an:

(a) Agency error back to the month that the error first occurred, but not more than twelve (12) months prior to the date that the cabinet became aware of the overpayment;

(b) Inadvertent error back to the month that the misunderstanding or error first occurred, but not more than three (3) years prior to date that the cabinet became aware of the overpayment; and

(c) IPV back to the month of the fraudulent act first occurred, but not more than five (5) years prior to the date that the cabinet became aware of the overpayment.

(2) If an overpayment occurred as a result of a change during the period of CCAP eligibility, the first day of the claim shall begin thirty-one (31) days from the date of the change.

(3) If the overpayment occurred due to the failure of a parent of a recipient household to report information at application or recertification for eligibility in accordance with 922 KAR 2:160, Section 2, 8, or 9, the claim shall start the first day of the approval of the application or recertification.

(4)

(a) The cabinet shall:

Calculate the amount of CCAP for each month that a recipient or a child care provider received the improper payment; and
Subtract the correct amount of CCAP from the CCAP actually received.

(b) The difference shall be the amount of the overpayment.

(5) If the overpayment exists for the entire period of CCAP eligibility, the cabinet shall calculate the full amount of benefits overpaid:

(a) On behalf of the recipient; or

(b) To the child care provider.

(6) If an overpayment and an underpayment exist for a recipient or a child care provider, the amounts of the overpayment and the underpayment shall be offset to determine the total amount of the claim.

(7) The amount of a claim may differ from a calculation obtained through the methods outlined in this section if a different claim amount is ordered by:

(a) An administrative hearing officer or agency head in accordance with922 KAR 2:260; or

(b) A court of appropriate jurisdiction.

(8) Child care provider claims with an estimated value of $10,000 or more will be referred to the Office of Inspector General (OIG).

(9) CCAP recipient claims with an estimated value of $5,000 or more will be referred to the Office of Inspector General (OIG).

Section 6. General Claim Notices.

(1) A KCD-2, General Claims Notice, 02/16, shall serve many purposes in the administration of CCAP claims collections, including the use as:

(a) An appointment letter;

(b) A demand letter;

(d) A past due notice;

(e) A repayment agreement;

(f) A claim adjustment notice;

(g) A claim termination notice;

(h) A payment receipt;

(i) Notice of a claim being paid in full; or

(j) Notice of a delinquent claim's referral for collection in accordance with Section 11(2) of this administrative regulation.

(2) The language on the KCD-2 shall differ according to the purpose of the notice as described in subsection (1) of this section.

Section 7. Notification of a Claim.

(1) The cabinet shall:

(a) Provide initial notice in accordance with Section 6 of this administrative regulation to a recipient or a child care provider suspected of having a claim;

(b) Provide notice of a suspected IPV, if applicable, with a:

DCC-84, Notice of Suspected Intentional Program Violation, 2024; and
DCC-84 Supplement A, 2024; and

Discuss the potential claim;
Determine the category of the claim as specified in Section 3 of this administrative regulation; and
Sign the DCC-84 Supplement A, if an IPV is suspected.

(2) If a recipient or a child care provider requests to reschedule the meeting within ten (10) days of the date of the notice provided in accordance with subsection (1) of this section, the cabinet shall reschedule the meeting.

(3) The cabinet shall determine the claim's category in accordance with Section 3 of this administrative regulation and the amount of the claim based on the information available to the cabinet if the recipient or the child care provider:

(a) Fails to attend the meeting to discuss the claim; and

(b) Does not contact the cabinet to reschedule the meeting in accordance with subsection (2) of this section.

(4) If the cabinet determines the category and amount of a claim in accordance with subsections (1) through (3) of this section:

(a) Collection shall be initiated in accordance with Section 10 of this administrative regulation; and

(b) Subsequent notice pursuant to Section 6 of this administrative regulation shall be mailed to the recipient or the child care provider to give the claim:

Amount;
Time period;
Reason; and
Classification in accordance with Section 3 of this administrative regulation.

(5) A recipient or a child care provider shall return the notice made pursuant to subsection (4)(b) of this section within ten (10) days of receipt if the recipient or child care provider chooses to request an administrative hearing on the establishment of the claim in accordance with this administrative regulation.

Section 8. Disqualification Period.

(1) A recipient or a child care provider determined to have committed an IPV in accordance with Section 3(2) of this administration regulation shall have a period of disqualification from CCAP pursuant to subsection (2) of this section.

(2)

(a) A disqualification period from CCAP shall adhere to the following guidelines:

Twelve (12) months disqualification for a first occurrence of IPV;
Twenty-four (24) months disqualification for a second occurrence of IPV; and
Permanent disqualification for a third occurrence of IPV.

(b) The cabinet shall make an exception to paragraph (a) of this subsection if:

The recipient is approved for CCAP in accordance with 922 KAR 2:160, Section 5 or 6; and
CCAP is necessary for the recipient to comply with the requirements of the recipient's:

a. Case plan developed in accordance with 922 KAR 1:430; or

b. Kentucky Works Program self-sufficiency plan developed in accordance with 921 KAR 2:370.

(3) If a court of appropriate jurisdiction issues a disqualification period upon conviction of a charge, or acceptance of an Alford or guilty plea, related to the IPV, the cabinet:

(a) May make exception to a disqualification period specified in subsection (2) of this section; and

(b) Shall enforce the court-ordered disqualification period.

(4) Unless subsection (2)(b) of this section applies, the disqualification period shall continue uninterrupted until it is completed regardless of the eligibility of the recipient or the child care provider.

(5) Regardless of the disqualification period, the recipient or the child care provider shall continue to be responsible for the payment of a claim resulting from the IPV.

(6) Eligibility of a recipient or payment to a child care provider shall not be affected by a suspected IPV until a disqualification is established in accordance with subsection (1) of this section.

(7) If a court of appropriate jurisdiction fails to impose a disqualification period for an IPV, the cabinet shall impose a penalty in accordance with this section.

(8) The cabinet shall not separate the same act of IPV repeated over a period of time for the imposition of multiple, separate penalties.

Section 9. Administrative Disqualification Hearing.

(1) The cabinet shall initiate an administrative disqualification hearing on the establishment of an IPV if the:

(a) Facts of the IPV do not warrant civil or criminal prosecution through a court of appropriate jurisdiction;

(b) Referral for prosecution is declined by prosecutorial authorities;

(d) Recipient or child care provider declines to sign the DCC-84 Supplement A.

(2) If the facts of the case arise out of the same or related circumstances, the cabinet shall not initiate an administrative disqualification hearing against a recipient or a child care provider:

(a) Whose case is currently referred for prosecution; or

(b) Subsequent to an action taken against the recipient or the child care provider by the prosecutor or a court of appropriate jurisdiction.

(3) Unless a different procedure is specified in this section, an administrative disqualification hearing shall:

(a) Be conducted in accordance with KRS Chapter 13B and 922 KAR 2:260;

(b) Include:

The issuance of a recommended order;
Procedures for written exceptions; and
The issuance of a final order.

(4) The cabinet may initiate an administrative disqualification hearing regardless of the current eligibility of a recipient or the payment status of a child care provider.

(5)

(a) In accordance with KRS 13B.050, an administrative disqualification hearing notice shall be sent by:

Certified mail, return receipt requested, to the individual; or
Another method, such as electronic or first class mail, if the individual waives his or her right to certified mail delivery under KRS 13B.050.

(b) An administrative disqualification hearing notice shall provide information in accordance with KRS 13B.050.

(6) Timeframes for an administrative disqualification hearing shall be in accordance with KRS 13B.110 and 13B.120.

(7)

(a) The cabinet shall combine a request for an administrative hearing in accordance with Section 16 of this administrative regulation and an administrative disqualification hearing into a single hearing if the:

Factual issues arise out of the same or related circumstances; and
Recipient or the child care provider receives prior notice that the hearings are being combined.

(b) If the hearings are combined for the purpose of settling the amount of the claim concurrent with a determination of whether an IPV occurred, the recipient or the child care provider subject to the claim shall lose the right to a subsequent administrative hearing on the amount of the claim.

(8) During an administrative disqualification hearing, the hearing officer shall advise the recipient or child care provider accused of an IPV of the option to refuse to answer questions during the hearing.

(9)

(a) If a recipient or child care provider does not appear for the administrative disqualification hearing, the hearing officer shall proceed in accordance with KRS 13B.080(6).

(b) The cabinet shall conduct a new administrative disqualification hearing if the:

Recipient or the child care provider was not represented at the hearing;
Recipient or the child care provider was determined to have committed an IPV; and
Hearing officer determined the household had good cause for not appearing, in accordance with 922 KAR 2:260, Section 5(7).

(10)

(a) The determination of an IPV made through an administrative disqualification hearing shall not be reversed by a subsequent administrative hearing decision.

(b) A recipient or child care provider shall be entitled to seek relief through a court of appropriate jurisdiction in accordance with:

KRS 13B.140 to 13B.160; or
KRS 23A.010.

Section 10. Collection of a Claim.

(1) The cabinet shall collect a claim from a claimant through:

(a) Voluntary payment arrangement, negotiated either orally or in writing, which includes a payment schedule;

(b) Court-ordered repayment;

(d) Lottery offsets;

(e) Wage garnishment; or

(f) Referral to a collection agency.

(2)

(a) The cabinet shall accept a lump sum payment on a claim from a recipient or a child care provider.

(b) The lump sum payment may be a full or partial payment.

(3)

(a) If a claimant who is a child care provider submits a completed DCC-97 Supplement A, Voluntary Payment Reduction, indicating the amount the provider wishes to have applied to the claim, the child care provider currently receiving CCAP payment may choose to have an amount withheld from the provider's CCAP payment to be applied towards a claim.

(b) The amount indicated on the DCC-97 shall not be less than ten (10) percent of the total CCAP payment.

(4) The cabinet shall refund to a claimant any amount the claimant pays in excess of the amount of the claim.

Section 11. Delinquent Claims.

(1) In accordance with KRS 45.237(4), a claim shall be considered delinquent if:

(a) A claimant has not made a payment or entered into a satisfactory payment arrangement with cabinet sixty (60) calendar days from the date on the notice provided in accordance with Section 7(4)(b) of this administrative regulation; or

(b) Sixty (60) days have lapsed since the claimant has missed a scheduled payment pursuant to the payment arrangement with the cabinet.

(2) The cabinet shall pursue collection on a delinquent claim through a collection method specified in Section 10(1)(b) through (f) of this administrative regulation.

(3)

(a) If the cabinet determines that a claimant who is a recipient is delinquent on a payment in accordance with subsection (1) of this section for ninety (90) days, the cabinet shall:

Terminate the recipient's CCAP; and
Not reapprove the recipient for CCAP until the recipient has paid all delinquent payments.

(b) The cabinet shall make an exception to paragraph (a) of this subsection if:

The recipient is approved for CCAP in accordance with 922 KAR 2:160, Section 5 or 6; and
CCAP is necessary for the recipient to comply with the requirements of the recipient's:

a. Case plan developed in accordance with 922 KAR 1:430; or

b. Kentucky Works Program self-sufficiency plan developed in accordance with 921 KAR 2:370.

(4) If the cabinet determines that a claimant who is a child care provider is delinquent on a payment in accordance with subsection (1) of this section for ninety (90) days, the cabinet shall:

(a) Disallow any CCAP payments to the child care provider; and

(b) Not approve the child care provider for further CCAP payments until the provider has paid all delinquent payments.

(5) The cabinet shall provide notice in accordance with Section 6 of this administrative regulation prior to an action specified in subsection (3) or (4) of this section.

(6) If the cabinet is unable to determine a claim's delinquency status because the claim collection is coordinated through the court system, the cabinet shall not subject a claim to the requirements for delinquent debts in accordance with this section.

(7) A claim shall not be considered delinquent if:

(a) Another claim for the same claimant is currently being paid through a repayment agreement or court order; and

(b) The cabinet expects to begin collection on the claim once the prior claim is settled.

(8)

(a) A claim awaiting an administrative hearing shall not be considered delinquent.

(b) If a hearing officer or agency head determines that a claim does exist as result of an administrative hearing, the cabinet shall:

Send subsequent notice of the claim in accordance with Section 6 of this administrative regulation; and
Base delinquency on the due date of the subsequent notice.

(c) If a hearing officer or agency head determines that a claim does not exist as a result of an administrative hearing, the cabinet shall terminate the claim in accordance with Section 12(2) of this administrative regulation.

Section 12. Compromising or Terminating a Claim.

(1) Except for a claim that is established by a court of appropriate jurisdiction, the cabinet may compromise a claim or a portion of a claim if:

(a) A request for a compromise is received from the claimant; and

(b) The cabinet makes a determination that the claimant will be unable to pay the claim within five (5) years.

(2) Except for a claim that is established by a court of appropriate jurisdiction the cabinet shall terminate a claim if the:

(a) Claim:

Is invalid, unless pursuing the overpayment as a different type of claim is appropriate;
Balance is twenty-five (25) dollars or less, and the claim has been delinquent for ninety (90) days or more, unless another claim is pending against the same claimant resulting in an aggregate claim total of greater than twenty-five (25) dollars; or
Has been delinquent for at least three (3) years;

(b) Claimant dies; or

(3) The cabinet shall provide notice in accordance with Section 6 of this administrative regulation if the cabinet:

(a) Compromises or terminates a claim; and

(b) Has a mailing address for the claimant.

Section 13. Underpayments and CCAP Restoration.

(1) If an underpayment has occurred, the cabinet shall issue a payment to the child care provider that includes the difference between the amount that the child care provider:

(a) Was entitled to receive; and

(b) Actually received.

(2) CCAP shall be restored for no more than twelve (12) months to a recipient or a child care provider if benefits were lost:

(a) Due to an agency error; or

(b) By a disqualification period for an IPV that is subsequently reversed through an order of a court of appropriate jurisdiction.

Section 14. Disclosure of Information. The disclosure or the use of CCAP information shall be restricted in accordance with:

(1) KRS 194A.060; and

(2) 45 C.F.R. 205.50(a)(1)(i).

Section 15. Retention of Records.

(1) Records for CCAP shall be retained in accordance with 45 C.F.R. 98.90(e).

(2) The cabinet shall retain:

(a) The official records of an administrative disqualification hearing until all appeals have been exhausted; and

(b) A CCAP record with an IPV disqualification indefinitely.

Section 16. A parent in the recipient household or a child care provider may request an appeal of the establishment of a claim in accordance with 922 KAR 2:260, Section 2(4).

Section 17. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DCC-83, Deferred Adjudication Disqualification Consent Agreement", 2024;

(b) "DCC-84, Notice of Suspected Intentional Program Violation", 2024;

(d) "DCC-97 Supplement A, Voluntary Payment Reductions", 2024; and

(e) "KCD-2, General Claims Notice", 02/16.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 am through 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS 13B, 23A.010, 45.237-45.241, 194A.060, 45 C.F.R. 98, 205.50, 42 U.S.C. 601-619, 9857-9858q
STATUTORY AUTHORITY: KRS 45.237(4), 194A.050(1), 199.8994, 45 C.F.R. 98.60(i)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet, qualify for the receipt of federal funds, and cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.8994 requires the cabinet to administer all child care funds to the extent allowable under federal law or regulation and in a manner which is in the best interest of the clients to be served. 45 C.F.R. 98.60(i) and KRS 45.237(4) require the cabinet, as the lead agency for Kentucky, to recover child care payments that are the result of fraud or improper payment. This administrative regulation establishes procedures for improper payments, claims, and penalties used by the cabinet in the administration of the Child Care Assistance Program (CCAP).
History: 36 Ky.R. 1416; eff. 3-5-2010; 39 Ky.R. 2236; 40 Ky.R. 561; eff. 9-18-2013; 42 Ky.R. 2668; 43 Ky.R. 50; 221; eff. 8-17-2016; 51 Ky.R. 1336, 1793; eff. 6-25-2025.

922 KAR 2:090 Child-care center licensure {#sec-922-kar-2-090 omnilex-key=us-ky-regs-official--title-922--922 KAR 2:090}

Section 1. Definitions.

(1) "Applicant" means an individual or entity applying to become a licensee or renew status as a licensee.

(2) "Cabinet" is defined by KRS 199.011(3) and 199.894(1).

(3) "Child" is defined by KRS 199.011(4).

(4) "Child care" means care of a child in a center or home that regularly provides full or part-time care, day or night, and includes developmentally appropriate play and learning activities.

(5) "Child-care center" is defined by KRS 199.894(3).

(6) "Contract substitute staff member" means a person who temporarily assumes the duties of a regular staff person, meets the requirements established in Section 12 of this administrative regulation, and receives payment from a contract entity rather than the child-care center.

(7) "Director" means an individual who meets the education and training requirements established in Section 10 of this administrative regulation.

(8) "Finding of fraud" means a suspected intentional program violation referred in accordance with 922 KAR 2:020, Section 4(4)(a)1, that is accepted for investigation and substantiated by the cabinet's Office of the Inspector General.

(9) "Health professional" means a person actively licensed as a:

(a) Physician;

(b) Physician assistant;

(d) Registered nurse as defined by KRS 314.011(5) under the supervision of a physician or advanced practice registered nurse.

(10) "Infant" means a child who is less than twelve (12) months of age.

(11) "Instructional program" means a program operated by a business, educational institution, sole proprietor, or government entity that only serves school-aged children in providing specialized instruction or the continuation of learning outside the time period when school is in session.

(12) "Licensee" means the owner or operator of a child-care center to include:

(a) Sole proprietor;

(b) Corporation;

(d) Partnership;

(e) Association; or

(f) Organization, such as:

Board of education;
Private school;
Faith-based organization;
Government agency; or
Institution.

(13) "Nontraditional hours" means the hours of:

(a) 7 p.m. through 5 a.m. Monday through Friday; or

(b) 7 p.m. on Friday until 5 a.m. on Monday.

(14) "Parent" is defined by 45 C.F.R. 98.2.

(15) "Parental or family participation" means a child-care center's provision of information or inclusion of a child's parent in the child-care center's activities, including:

(a) Distribution of a newsletter;

(b) Distribution of a program calendar; or

(16) "Pediatric abusive head trauma" is defined by KRS 620.020(8).

(17) "Premises" means the building and contiguous property in which child care is licensed.

(18) "Preschool-age" means a child who is older than a toddler and younger than school-age.

(19) "Qualified substitute" means a person who meets the requirements of a staff person established in Section 11 of this administrative regulation.

(20) "School-age" means a child who meets the age requirements of KRS 158.030 or who attends kindergarten, elementary, or secondary education.

(21) "Secretary" is defined by KRS 199.011(16).

(22) "Staff" means an individual who is employed by the child-care center for compensation and meets the education and training requirements established in Section 11 of this administrative regulation.

(23) "Toddler" means a child between the age of twelve (12) and thirty-six (36) months.

(24) "Visitor" means an individual who is on the premises of the child-care center, but does not:

(a) Receive compensation from the child-care center, unless the individual is performing a skilled craft in which he or she is certified or trained to perform outside of child care program duties;

(b) Have to meet the requirements of child-care center or contract substitute staff;

(d) Perform child care program duties, unless he or she is a direct family member participating in an activity or providing assistance for only his or her child or children.

(25) "Volunteer" means:

(a) An individual who:

Performs hours of service without promise or expectation of receiving compensation;
Performs services freely and without pressure or coercion, direct or implied;
Is not otherwise employed by the child-care center to perform the same type of services as staff; and
Only counts towards staff-to-child ratios and group size if in the presence of a qualified staff member; or

(b) A student trainee enrolled in high school or a secondary education program earning educational credit.

Section 2. Child-Care Centers. The following child-care centers shall meet the requirements of this administrative regulation:

(1) A Type I child-care center. This child-care center shall be licensed to regularly provide child care services for:

(a) Four (4) or more children in a nonresidential setting; or

(b) Thirteen (13) or more children in a designated space separate from the primary residence of a licensee; and

(2) A Type II child-care center. This child-care center shall be the primary residence of the licensee in which child care is regularly provided for seven (7), but not more than twelve (12), children including children related to the licensee.

Section 3. Exempt Child Care Settings. The following childcare settings shall be exempt from licensure requirements of this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280:

(1) Summer camps permitted by the cabinet as youth camps that serve school-age children;

(2) Kindergarten through grade 12 in private schools while school is in session;

(3) All programs and preschools regulated by the Kentucky Department of Education governed by KRS Chapter 157;

(4) Summer programs operated by a religious organization that a child attends no longer than two (2) weeks;

(5) Child care provided while parents are on the premises, other than the employment and educational site of parents;

(6) Child care programs operated by the armed services located on an armed forces base;

(7) Child care provided by educational programs that include parental involvement with the care of the child and the development of parenting skills;

(8) Facilities operated by a religious organization while religious services are being conducted;

(9) A child care program providing instructional and educational programs that:

(a) Operates for a maximum of twenty (20) hours per week; and

(b) A child attends for no more than ten (10) hours per week;

(10) A child-care center that meets the requirements of KRS 199.896(19) or (20);

(11) An after-school program, which is:

(a) A continuation of the school day during the academic year;

(b) Operated and staffed by an accredited private or public school under the purview of the Kentucky Department of Education; and

(12) An instructional program for school-age children that demonstrates to the cabinet that the requirements established in KRS 199.896(21) have been met.

Section 4. Application.

(1) An applicant for a license shall submit to the cabinet a completed OIG-DRCC-01, Initial Child-Care Center License Application.

(2) Approval of an applicant for initial licensure shall result in the issuance of a preliminary license for a probationary period not to exceed six (6) months.

(3) The issuance of a preliminary license, or the issuance or reapproval of a regular license, shall be governed under the provisions of this section and Sections 6 and 7 of this administrative regulation.

(4) If the applicant for licensure is a:

(a) Corporation or a limited liability company, the application shall include a current certificate of existence or authorization from the Secretary of State; or

(b) Partnership, the application shall include:

A written statement from each partner assuring that the partnership is current and viable; and
Proof that each individual is twenty-one (21) years or older by photo identification or birth certificate.

(5) If the status of a corporation, partnership, or ownership of the child-care center changes, the new entity shall submit a completed OIG-DRCC-01.

(6) If ownership of a child-care center changes and the cabinet approves preliminary licensure upon inspection of the child-care center under the new ownership, the effective date on the preliminary license shall be the date of the approved inspection under the new ownership.

(7) The cabinet shall return the OIG-DRCC-01 and accompanying fee to an applicant if the applicant:

(a) Has an ownership interest in a facility that is licensed or regulated by the cabinet, and that is subject to a finding of fraud or is involved in an investigation of alleged fraud by:

The cabinet's Office of the Inspector General; or
An agency with investigative authority; and

(b) Is requesting a:

Change in ownership; or
License for a new facility.

(8) An applicant shall submit to background checks in accordance with 922 KAR 2:280.

(9) A child may include a person eighteen (18) years of age if the person has a special need for which child care is required.

Section 5. Evacuation Plan.

(1) A licensed child-care center shall have a written evacuation plan in the event of a fire, natural disaster, or other threatening situation that may pose a health or safety hazard for a child in care in accordance with KRS 199.895 and 42 U.S.C. 9858c(c)(2)(U).

(2) The cabinet shall post an online template of an evacuation plan that:

(a) Fulfills requirements of KRS 199.895;

(b) Is optional for a child-care center's use; and

Section 6. License Issuance.

(1) The cabinet shall monitor a child-care center that operates under a preliminary license issued pursuant to Section 4(2) of this administrative regulation.

(2) Upon completion of the probationary period required in Section 4(2) of this administrative regulation, the cabinet shall:

(a) Approve regular licensure for a child-care center operating under a preliminary license; or

(b) If a condition specified in Section 17 of this administrative regulation exists, deny regular licensure.

(3) A preliminary or regular license shall not be issued unless each background check required by 922 KAR 2:280 has been completed on behalf of an applicant for licensure.

(4) Background checks in accordance with 922 KAR 2:280 shall apply to:

(a) An applicant;

(b) A director;

(d) Any person with supervisory or disciplinary control over a child in care; or

(e) A person in accordance with 42 U.S.C. 9858f and 45 C.F.R. 98.43.

(5) If an applicant for licensure has had a previous ownership interest in a child-care program that has had a prior certification, license, or registration denied, revoked, or voluntarily relinquished as a result of an investigation or pending adverse action, the cabinet shall grant the applicant a license if:

(a) A seven (7) year period has expired from the:

Date of the prior denial or revocation;
Date the certification, license, or registration was voluntarily relinquished as a result of an investigation or pending adverse action;
Last day of legal remedies being exhausted; or
Administrative hearing decision; and

(b) The applicant has:

Demonstrated compliance with the provisions of this administrative regulation, 922 KAR 2:120, 922 KAR 2:280, and KRS 199.896;
Completed, since the time of the prior denial, revocation, or relinquishment, sixty (60) hours of training in child development and child care practice, approved by the cabinet or its designee; and
Not had an application, certification, license, or registration denied, revoked, or voluntarily relinquished as a result of an investigation or pending adverse action:

a. For one (1) of the reasons set forth in:

(i) KRS 199.896; or

(ii) 922 KAR 2:280; or

b. Due to a disqualification from:

(i) The Child Care Assistance Program established by 922 KAR 2:160, including an intentional program violation in accordance with 922 KAR 2:020; or

(ii) Another governmental assistance program for fraud, abuse, or criminal conviction related to that program.

(6) If a license is granted after the seven (7) year period specified in subsection (5)(a) of this section, the licensee shall serve a two (2) year probationary period during which the child-care center shall be inspected no less than semi-annually.

(7) A preliminary or regular license shall specify:

(a) A particular premises;

(b) A designated licensee;

(d) The maximum number of children allowed under center supervision at one (1) time, including a child related to the licensee or an employee, based upon:

Available space as determined by the State Fire Marshal's Office in conjunction with the cabinet;
Adequacy of program;
Equipment; and
Staff;

(e) If provided, nontraditional hours;

(f) If provided, transportation; and

(g) A list of services to be provided by the child-care center.

(8) To qualify for a preliminary license, or maintain a regular license, a child-care center shall:

(a) Provide written documentation from the local authority showing compliance with local zoning requirements;

(b) Be approved by the Office of the State Fire Marshal or designee;

(d) Provide written proof of liability insurance coverage of at least $100,000 per occurrence;

(e) Comply with provisions of this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280;

(f) Cooperate with the cabinet, the cabinet's designee, or another agency with regulatory authority during:

An investigation of an alleged complaint, including an allegation of child abuse or neglect pursuant to KRS 620.030; and
Unannounced inspections; and

(g) Have a director who meets the requirements listed in Section 10 of this administrative regulation.

(9) A child-care center shall allow the cabinet or its designee, another agency with regulatory authority, and a parent of an enrolled child unannounced access to the child-care center during the hours of operation.

(10) Denial of access, including any effort to delay, interfere with, or obstruct an effort by a representative of the cabinet or another agency with regulatory authority, to enter the child-care center or deny access to records relevant to the inspection shall result in the cabinet pursuing adverse action in accordance with Section 16, 17, or 18 of this administrative regulation.

(11) A regular license shall be issued if the center has met the requirements contained in this administrative regulation, 922 KAR 2:120, 922 KAR 2:280, and KRS 199.896(3), (15), (16), (18), (19), and (22).

(12) A preliminary or regular license shall not be sold or transferred.

(13) A child-care center shall not begin operation without a preliminary license to operate from the cabinet.

(14) A child-care center operating without a preliminary or regular license shall be subject to legal action.

(15) The voluntary relinquishment of a preliminary or regular license shall not preclude the cabinet's pursuit of adverse action.

Section 7. Fees.

(1) A nonrefundable initial licensing fee of fifty (50) dollars shall be charged according to KRS 199.896(3).

(2) A nonrefundable renewal fee of twenty-five (25) dollars shall be charged in accordance with KRS 199.896(3).

(3) Licensing fees shall be:

(a) Payable to the Kentucky State Treasurer;

(b) Attached to the licensure application; and

Cashier's check;
Certified check;
Business check; or
Money order.

Section 8. General.

(1) A licensee shall:

(a) Be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280; and

(b) Protect and ensure the health, safety, and comfort of each child.

(2) Child-care center staff shall be:

(a) Instructed by the child-care center's director regarding requirements for operation; and

(b) Provided with a copy of this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280.

(3) A volunteer, visitor, or board member shall comply with the policies and procedures of the child-care center.

(4) Program policies and procedures shall:

(a) Be in writing; and

(b) Include:

Staff policies;
Job descriptions;
An organization chart;
Chain of command; and
Other procedures necessary to ensure implementation of:

a. KRS 199.898, Rights for children in child-care programs and their parents, custodians, or guardians - posting and distribution requirements;

b. 922 KAR 2:120, Child-care center health and safety standards;

c. 922 KAR 2:280, Background checks for child care staff members, reporting requirements, and appeals; and

d. This administrative regulation.

(5) An activity of a person living in a child-care center that is a dwelling unit shall not interfere with the child-care center program.

(6) In addition to the posting requirement of KRS 199.898(3), a child-care center shall post the following in a conspicuous place and make available for public inspection:

(a) The provider's preliminary or regular license;

(b) Each statement of deficiency and civil penalty notice issued by the cabinet during the current licensure year;

(d) Information on the Kentucky Consumer Product Safety Program and the program's Web site as specified in KRS 199.897;

(e) A description of services provided by the child-care center, including:

Current rates for child care; and
Each service charged separately and in addition to the basic rate for child care;

(f) Minimum staff-to-child ratios and group size established in 922 KAR 2:120; and

(g) Daily planned program.

(7) If a director, employee, volunteer, or any person with supervisory or disciplinary control over, or having unsupervised contact with a child in care is named as the alleged perpetrator in a child abuse or neglect report accepted by the cabinet in accordance with 922 KAR 1:330, the individual shall be removed from direct contact with a child in care:

(a) For the duration of the assessment or investigation; and

(b) Pending completion of the administrative appeal process for a cabinet substantiation of child abuse or neglect in accordance with 922 KAR 1:320 or 922 KAR 1:480.

Section 9. Records.

(1) A child-care center shall maintain:

(a) A current immunization certificate for each child in care within thirty (30) days of the child's enrollment, unless an attending physician or the child's parent objects to the immunization of the child pursuant to KRS 214.036;

(b) A written record for each child:

Completed and signed by the child's parent;
Retained on file on the first day the child attends the child-care center; and
To contain:

a. Identifying information about the child, which includes, at a minimum, the child's name, address, and date of birth;

b. Contact information to enable a person in charge to contact the child's:

(i) Parent at the parent's home or place of employment;

(ii) Family physician; and

(iii) Preferred hospital;

c. The name of each person who is designated in writing to pick-up the child;

d. The child's general health status and medical history including, if applicable:

(i) Allergies;

(ii) Restriction on the child's participation in activities with specific instructions from the child's parent or health professional; and

(iii) Permission from the parent for third-party professional services in the child-care center;

e. The name and phone number of each person to be contacted in an emergency involving or impacting the child;

f. Authorization by the parent for the child-care center to seek emergency medical care for the child in the parent's absence; and

g. A permission form for each trip off the premises, and allergy care plan if applicable, signed by the child's parent in accordance with 922 KAR 2:120, Section 14;

(c) Daily attendance records documenting the arrival and departure time of each child, including records that are required in accordance with 922 KAR 2:160, Section 14, if a child receives services from the child-care center through the Child Care Assistance Program;

(d) A written schedule of staff working hours;

(e) A current personnel file for each child-care center staff person to include:

Name, address, date of birth, and date of employment;
Proof of educational qualifications;
Record of annual performance evaluation;
Documentation of compliance with tuberculosis screening in accordance with Section 11(1)(b) of this administrative regulation; and
The results of background checks conducted in accordance with 922 KAR 2:280;

(f) A written annual plan for childcare staff professional development;

(g) A written evacuation plan in accordance with Section 5 of this administrative regulation;

(h) A written record of quarterly practiced earthquake drills and tornado drills detailing the date, time, and children who participated in accordance with 922 KAR 2:120, Section 3;

(i) A written record of practiced fire drills conducted monthly detailing the date, time, and children who participated in accordance with 922 KAR 2:120, Section 3;

(j) A written plan and diagram outlining the course of action in the event of a natural or manmade disaster, including drills posted in a prominent place and provided to all staff, volunteers, and visitors;

(k) A written record of reports to the cabinet required in Section 13 of this administrative regulation; and

(l) A written record of transportation services provided in accordance with 922 KAR 2:120, Section 14.

(2) A child-care center shall:

(a) Maintain the confidentiality of a child's record and information concerning a child or the child's parent;

(b) Maintain all records for five (5) years; and

(3) A child-care center shall not falsify records required by this section or a staff member's training record.

Section 10. Director Requirements and Responsibilities.

(1) A director shall:

(a) Be at least twenty-one (21) years of age;

(b) Have a high school diploma, a general equivalency diploma (GED), or qualifying documentation from a comparable educational entity;

(c) Not be employed in a position other than an onsite child care director, or director of multiple facilities, during the hours the child-care center is in operation;

(d) Ensure:

Compliance with 922 KAR 2:120, 922 KAR 2:280, and this administrative regulation; and
The designation of one (1) adult staff person in charge to carry out the director's duties if the director is not present in the child-care center during operating hours. The director shall be responsible for the actions of the designee during the director's absence;

(e) Manage the staff in their individual job descriptions;

(f) Ensure the development, implementation, and monitoring of child-care center plans, policies, and procedures for staff, volunteers, and visitors;

(g) Supervise staff, volunteers, and visitors conduct to ensure implementation of program policies and procedures;

(h) Post a schedule of daily activities, to include dates and times of activities to be conducted with the children in each classroom;

(i) Conduct, manage, and document in writing recurring staff meetings;

(j) Assess each staff person's interaction with children in care and classroom performance through an annual written performance evaluation;

(k) Ensure that additional staff are available during cooking and cleaning hours, if necessary, to maintain staff-to-child ratios pursuant to 922 KAR 2:120;

(l) Notify the parent immediately of an accident or incident requiring medical treatment of a child;

(m) Ensure that a person acting as a caregiver of a child in care shall not be left alone with a child, if the licensee has not received the results of the background checks as established in 922 KAR 2:280;

(n) Ensure each mandatory record specified in Section 9 of this administrative regulation has not been altered or falsified;

(o) Coordinate at least one (1) annual activity involving parental or family participation; and

(p) Not have had previous ownership interest in a child-care program that had its certification, license, or registration denied or revoked.

(2) The director of a Type I child-care center shall meet one (1) of the following educational requirements:

(a) Master's degree in education or child development field;

(b) Bachelor's degree in education or child development field;

(c) Master's degree or a bachelor's degree in a field other than education or child development, including a degree in pastoral care and counseling, plus twelve (12) clock hours of child development training;

(d) Associate degree in Early Childhood Education and Development;

(e) Associate degree in a field other than Early Childhood Education and Development, plus twelve (12) clock hours of child development training, and two (2) years of verifiable full-time paid experience working directly with children;

(f) A Director's Credential in Early Childhood Development and one (1) year of verifiable full-time paid experience working directly with children in:

A school-based program following Department of Education guidelines;
An early childhood development program, such as Head Start; or
A licensed or certified child-care program;

(g) Child development associate plus one (1) year of verifiable paid experience working directly with children in:

A school-based program following Department of Education guidelines;
An early childhood development program, such as Head Start; or
A licensed or certified child-care program; or

(h) Three (3) years of verifiable full-time paid experience working directly with children in:

A school-based program following Department of Education guidelines;
An early childhood development program, such as Head Start; or
A licensed or certified child-care program.

(3) The director of a Type II child-care center shall:

(a) Meet the requirements in subsection (2) of this section; or

(b) Meet two (2) of the following:

Have twelve (12) hours of orientation and child development training;
Have one (1) year of verifiable full-time paid experience working directly with children in:

a. A school-based program following Department of Education guidelines;

b. An early childhood development program, such as Head Start; or

c. A licensed or certified child-care program; or

Obtain six (6) additional hours of training in child day care program administration.

Section 11. Staff Requirements.

(1) Child-care center staff:

(a) Hired after January 1, 2009, who have supervisory power over a minor and are not enrolled in secondary education, shall have a:

High school diploma;
GED or qualifying documentation from a comparable educational entity; or
Commonwealth Child Care Credential as described in 922 KAR 2:250; and

(b) Shall provide, prior to employment and every two (2) years thereafter:

A statement from a health professional that the individual is free of active tuberculosis; or
A copy of negative tuberculin results.

(2)

(a) A child-care center shall not employ a person:

With a disqualifying background check result in accordance with 922 KAR 2:280; or
Determined by a physician to have a health condition that renders the person unable to care for children.

(b) An individual described in Section 6(4) of this administrative regulation shall report to the licensee if the individual:

Meets a disqualifying criterion or has a disqualifying background check result as specified in 922 KAR 2:280;
Is the subject of a cabinet child abuse or neglect investigation; or
Is determined by a physician to have a health condition that renders the person unable to care for children.

(3) For a child-care center licensed for infant, toddler, or preschool-age children, at least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills:

(a) Infant and child cardiopulmonary resuscitation; and

(b) Infant and child first aid.

(4) For a child-care center licensed for school-age children, at least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills:

(a) Adult cardiopulmonary resuscitation; and

(b) First aid.

(5) Cardiopulmonary resuscitation (CPR) and first aid training shall be in addition to the fifteen (15) clock hours requirement in subsection (16) of this section.

(6) Child-care centers shall have available if needed:

(a) One (1) qualified substitute staff person for a Type II child-care center; or

(b) Two (2) qualified substitute staff persons for a Type I child-care center.

(7) Each qualified substitute staff person shall:

(a) Meet the staff requirements of this administrative regulation; and

(b) Provide the required documentation to verify compliance with this administrative regulation.

(8) A qualified substitute who works in more than one (1) licensed child-care center shall provide the required documentation to verify compliance with this administrative regulation at the time of employment with each child-care center.

(9) If the operator of a Type II child-care center is unable to provide care in accordance with this administrative regulation, 922 KAR 2:280, or 922 KAR 2:120, the Type II child-care center shall:

(a) Close temporarily until the operator is able to resume compliance; and

(b) Immediately notify parents of enrolled children of the temporary closure.

(10) The minimum number of adult workers in a child-care center shall be sufficient to ensure that:

(a) Minimum staff-to-child ratios in accordance with 922 KAR 2:120 are followed;

(b) Each staff person under eighteen (18) years of age and each student trainee are under the direct supervision of a qualified staff person who meets the requirements of this section; and

(c) Unless providing care with a qualified staff person, a person under the age of eighteen (18) shall not be counted as staff for the staff-to-child ratio.

(11) Except for medication as prescribed by a physician, a controlled substance shall not be permitted on the premises during hours of operation.

(12) Alcohol shall:

(a) Not be consumed by any person on the licensed child-care center's premises during hours of operation; and

(b) Be kept out of reach and sight of a child in care.

(13) Each staff person shall remain awake while on duty except as specified in 922 KAR 2:120, Section 2(12)(f).

(14) For each adult residing at a Type II child-care center, the results of the following shall be maintained on file at the center:

(a) Background checks conducted in accordance with 922 KAR 2:280; and

(b) A copy of negative tuberculin results or a health professional's statement documenting that the adult is free of tuberculosis. Every two (2) years, the adult shall provide negative tuberculin results or health professional's statement documenting that the adult is free of tuberculosis.

(15) If a new adult begins residing in a Type II child-care center, the adult shall submit to background and health checks within thirty (30) calendar days of residence within the household.

(16) In accordance with KRS 199.896(15) and (16), a staff person with supervisory authority over a child shall complete the following:

(a) Six (6) hours of cabinet-approved orientation completed within the first three (3) months of employment in a child care program covering the following topics:

Federal minimum health and safety requirements established in 45 C.F.R. 98.41 related to:

a. Prevention and control of infectious diseases, including immunization;

b. Prevention of sudden infant death syndrome and use of safe sleeping practices;

c. Administration of medication, consistent with standards for parental consent;

d. Prevention of and response to emergencies due to food and allergic reactions;

e. Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic;

f. Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment;

g. Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event;

h. Handling and storage of hazardous materials and the appropriate disposal of biological contaminants; and

i. Precautions in transporting children;

Recognizing and reporting child abuse; and
Developmentally appropriate practices;

(b) Nine (9) hours of cabinet-approved early care and education training within the first year of employment in a child care program, including one and one-half (1 1/2) hours of cabinet-approved pediatric abusive head trauma training; and

(c) Fifteen (15) hours of cabinet-approved early care and education training completed between July 1 and the following June 30 of each subsequent year of employment in a child care program, including one and one-half (1 1/2) hours of cabinet-approved pediatric abusive head trauma training completed once every five (5) years.

(17) A staff person's compliance with training requirements of this section shall be verified through the cabinet-designated database maintained pursuant to 922 KAR 2:240.

(18) A staff person shall not repeat online training courses, including pre-service orientation, unless:

(a) Five (5) years have passed since the online training was completed; or

(b) He or she is required to as part of a disciplinary directive by a state agency.

(19) A staff person shall not accumulate more than fifteen (15) hours of training in a twenty-four (24) hour period.

Section 12. Contract Substitute Staff Member Requirements.

(1) A contract substitute staff member shall:

(a) Comply with the training requirements established in Section 11 of this administrative regulation;

(b) Be employed by an outside agency and provide the required documentation to verify the contractual agreement between the licensed child-care center and the outside agency;

(c) Provide a hard copy file containing all required staff records to be kept on-site at the licensed child-care center and maintained at the center for five (5) years;

(d) Be entered into the cabinet-designated database as a staff member of the outside organization in accordance with 922 KAR 2:240;

(e) Be the responsibility of the licensed child-care center while working on-site; and

(f) Have supervisory authority over a child only if the requirements of 922 KAR 2:120, 922 KAR 2:280, and this administrative regulation are met.

(2) Except for an employee of a child-care center program authorized by 42 U.S.C. 9831-9852, an owner or employee of a contract agency possessing a Kentucky Early Care and Education Trainer's Credential shall not train an employee of the same contract agency in order to meet the training requirements established in:

(a) KRS 199.896(15) and (16), 922 KAR 2:180, 922 KAR 2:240, 922 KAR 2:250, 922 KAR 2:270, or this administrative regulation; or

(b) A child development associate credential.

Section 13. Reports.

(1) The following shall be reported to the cabinet or designee and other agencies specified in this section within twenty-four (24) hours from the time of discovery:

(a) Communicable disease, pursuant to 902 KAR 2:020, which shall also be reported to the local health department;

(b) An accident or injury to a child that requires medical care initiated by the child-care center or the child's parent;

Affects a child or staff person; or
Includes the center's discontinuation or disqualification from a governmental assistance program due to fraud, abuse, or criminal conviction related to that program;

(d) An incident involving fire or other emergency, including a vehicular accident if the center is transporting a child receiving child care services;

(e) A report of child abuse or neglect that:

Has been accepted by the cabinet in accordance with 922 KAR 1:330; and
Names a director, employee, volunteer, or person with supervisory or disciplinary control over, or having unsupervised contact with, a child in care as the alleged perpetrator; or

(f) An individual specified in Section 6(4) of this administrative regulation meeting a disqualifying criterion or background check result pursuant to 922 KAR 2:280.

(2) An incident of child abuse or neglect shall be reported to the cabinet pursuant to KRS 620.030.

(3) A licensee shall report to the cabinet within one (1) week:

(a) Any resignation, termination, or change of director; and

(b) The name of the acting director who satisfies the requirements of Section 10 of this administrative regulation.

(4)

(a) Written notification of the following shall be:

Made to the cabinet, in writing, to allow for approval before implementation:

a. Change of ownership;

b. Change of location;

c. Increase in capacity;

d. Change in hours of operation;

e. Change of services in the following categories:

(i) Infant;

(ii) Toddler;

(iii) Preschool-age;

(iv) School-age;

(v) Nontraditional hours; or

(vi) Transportation; or

f. Addition to or reduction of the square footage of a child-care center's premises; and

Signed by each owner listed on the preliminary or regular license.

(b) The cabinet or its designee shall not charge a fee for acting upon reported changes.

(5) The death of a child in care shall be reported to the cabinet within one (1) hour.

(6) The cabinet and the parent of a child enrolled in a child-care center shall receive notice as soon as practicable, and prior to, a child-care center's temporary or permanent closure.

Section 14. Annual Renewal.

(1)

(a) A regular license shall expire one (1) year from the effective date or last renewal date unless the licensee renews the regular license in accordance with this section and KRS 199.896(3).

(b) A preliminary license shall expire six (6) months from the date of issuance.

(2) A licensee seeking renewal of a regular license shall:

(a) Submit one (1) month prior to the anniversary of the regular license's effective date, an OIG-DRCC-06, Child-Care Center License Renewal Form;

(b) Meet the requirements specified in Sections 4 through 13 of this administrative regulation; and

(3) If requirements of subsection (1) of this section are met, the cabinet shall renew the license in the form of a validation letter.

(4) An application for renewal shall be denied in accordance with Section 17 of this administrative regulation.

Section 15. Statement of Deficiency and Corrective Action Plans.

(1) If a child-care center is found not to be in regulatory compliance, the cabinet or its designee shall complete a written statement of deficiency in accordance with KRS 199.896(5).

(2) Except for a violation posing an immediate threat as handled in accordance with KRS 199.896(5)(c), a child-care center shall submit a written corrective action plan to the cabinet or its designee within fifteen (15) calendar days of the date of the statement of deficiency to eliminate or correct the regulatory violation.

(3) A corrective action plan shall include:

(a) Specific action undertaken to correct a violation;

(b) The date action was or shall be completed;

(d) Supplemental documentation requested as a part of the plan; and

(e) Signature of the licensee or designated representative of the licensee and the date of signature.

(4) The cabinet or its designee shall review the plan and notify the child-care center within thirty (30) calendar days of receipt of the plan, in writing, of the decision to:

(a) Accept the plan;

(b) Not accept the plan; or

(c) Deny, suspend, or revoke the child-care center's license, in accordance with Section 17 of this administrative regulation.

(5) A notice of unacceptability shall state the specific reasons the plan is unacceptable.

(6) A child-care center notified of the unacceptability of its plan shall:

(a) Within fifteen (15) calendar days of the notification's date, submit an amended plan; or

(b) Have its license revoked or denied for failure to:

Submit an acceptable amended plan in accordance with KRS 199.896(4); or
Implement the corrective measures identified in the plan of correction.

(7) The cabinet shall not review or accept more than three (3) corrective action plans from a licensed child-care center in response to the same written statement of deficiency.

(8) If a licensed child-care center fails to submit an acceptable corrective action plan or does not implement corrective measures in accordance with the corrective action plan, the cabinet shall deny or revoke the center's license.

(9) The administrative regulatory violation reported on a statement of deficiency that poses an immediate threat to the health, safety, or welfare of a child shall be corrected within five (5) working days from the date of the statement of deficiency in accordance with KRS 199.896(5)(c).

Section 16. Directed Plan of Correction (DPOC). If the cabinet determines that a child-care center is in violation of this administrative regulation, 922 KAR 2:120, or 922 KAR 2:280, based on the severity of the violation, the cabinet:

(1) Shall enter into an agreement with the provider detailing the requirements for remedying a violation and achieving compliance;

(2) Shall notify or require the provider to notify a parent of a child who may be affected by the situation for which a DPOC has been imposed;

(3) Shall increase the frequency of monitoring by cabinet staff;

(4) May require the provider to participate in additional training; and

(5) May amend the agreement with the provider if the cabinet identifies an additional violation during the DPOC.

Section 17. Basis for Denial, Suspension, or Revocation.

(1)

(a) The cabinet shall deny, suspend, or revoke a preliminary or regular license in accordance with KRS 199.896 if the applicant for licensure, director, employee, or a person who has supervisory authority over, or unsupervised contact with, a child fails to meet the requirements of this administrative regulation, 922 KAR 2:120, 922 KAR 2:280, or 922 KAR 2:190.

(b) A licensee whose regular license is suspended or revoked shall:

Receive a new license certificate indicating that the license is under adverse action; and
Post the new license certificate in accordance with Section 8(6) of this administrative regulation.

(2) Emergency action.

(a) The cabinet shall take emergency action in accordance with KRS 199.896(4) by issuing an emergency order that suspends a child-care center's license.

(b) An emergency order shall:

Be served to a licensed child-care center in accordance with KRS 13B.050(2); and
Specify the regulatory violation that caused the emergency condition to exist.

(d) The cabinet or its designee and the child-care center shall make reasonable efforts to:

Notify a parent of each child in care of the center's suspension; and
Refer a parent for assistance in locating alternate child care arrangements.

(e) A child-care center required to comply with an emergency order issued in accordance with this subsection may submit a written request for an emergency hearing within twenty (20) calendar days of receipt of the order to determine the propriety of the licensure's suspension in accordance with KRS 199.896(7).

(f) The cabinet shall conduct an emergency hearing within ten (10) working days of the request for hearing in accordance with KRS 13B.125(3).

(g)

Within five (5) working days of completion of the hearing, the cabinet's hearing officer shall render a written decision affirming, modifying, or revoking the emergency order to suspend licensure.
The emergency order shall be affirmed if there is substantial evidence of an immediate threat to public health, safety, or welfare.

(h) A provider's license shall be revoked if the:

Provider does not request a hearing within the timeframes established in paragraph (e) of this subsection; or
Condition that resulted in the emergency order is not corrected within thirty (30) calendar days of service of the emergency order.

(3) Public information shall be provided in accordance with KRS 199.896(10) and (11), and 199.898(2)(d) and (e).

(4) Unless an applicant for a license meets requirements of Section 6(5) of this administrative regulation, the cabinet shall deny an applicant for a preliminary or regular license if:

(a) The applicant has had previous ownership interest in a child-care provider that had its certification, license, or registration denied or revoked;

(b) Denial, investigation, or revocation proceedings were initiated, and the licensee voluntarily relinquished the license;

(d) The applicant previously failed to comply with the requirements of KRS 199.896, 922 KAR 2:120, 922 KAR 2:280, 922 KAR 2:190, this administrative regulation, or another administrative regulation effective at the time;

(e) An individual with ownership interest in the child-care center has been discontinued or disqualified from participation in:

The Child Care Assistance Program established by 922 KAR 2:160, including an intentional program violation in accordance with 922 KAR 2:020; or
Another governmental assistance program due to fraud, abuse, or criminal conviction related to that program;

(f) The applicant is the parent, spouse, sibling, or child of a previous licensee whose license was denied, revoked, or voluntarily relinquished as described in paragraphs (a) through (d) of this subsection, and the previous licensee will be involved in the child-care center in any capacity;

(g) The applicant listed as an officer, director, incorporator, or organizer of a corporation or limited liability company whose child-care center license was denied, revoked, or voluntarily relinquished as described in paragraph (a) through (d) of this subsection within the past seven (7) years;

(h) The applicant knowingly misrepresents or submits false information on a form required by the cabinet;

(i) The applicant interferes with a cabinet or other agency representative's ability to perform an official duty pursuant to Section 6(8)(f) or 6(9) of this administrative regulation;

(j) The applicant's background check reveals that the applicant is disqualified in accordance with 922 KAR 2:280;

(k) The applicant has been the subject of more than two (2) directed plans of correction during a three (3) year period; or

(l) The applicant has failed to comply with payment provisions in accordance with 922 KAR 2:190.

(5) A child-care center's license shall be revoked if:

(a) A representative of the center interferes with a cabinet or other agency representative's ability to perform an official duty pursuant to Section 6(8)(f) or 6(9) of this administrative regulation;

(b) A cabinet representative, a representative from another agency with regulatory authority, or parent is denied access during operating hours to:

A child;
The child-care center; or
Child-care center staff;

The Child Care Assistance Program as a result of an intentional program violation in accordance with 922 KAR 2:020; or
A governmental assistance program as a result of fraud, abuse, or criminal conviction related to that program;

(d) The licensee fails to meet a condition of, or violates a requirement of a directed plan of correction pursuant to Section 16 of this administrative regulation;

(e) The applicant or licensee knowingly misrepresents or submits false information on a form required by the cabinet;

(f) The licensee is the subject of more than two (2) directed plans of correction during a three (3) year period; or

(g) The licensee has failed to comply with payment provisions in accordance with 922 KAR 2:190.

(6) The cabinet or its designee shall suspend the license if:

(a) A regulatory violation is found to pose an immediate threat to the health, safety, and welfare of the children in care as described in KRS 199.896(4); or

(b) The child-care center fails to comply with the approved plan of correction.

Section 18. Civil Penalty. The cabinet shall assess and enforce a civil penalty in accordance with 922 KAR 2:190.

Section 19. Right of Appeal.

(1) If an application has been denied or a licensee receives notice of suspension, revocation, or civil penalty, the cabinet shall inform the applicant for licensure or licensee by written notification of the right to appeal the notice of adverse action in accordance with KRS Chapter 13B and 199.896(7).

(2) An adverse action may be appealed by filing form OIG-DRCC-02, Licensed Provider Request for Appeal. The request shall:

(a) Be submitted to the secretary of the cabinet or designee within twenty (20) calendar days of the notice of adverse action; and

(b) Specify if an applicant for licensure or licensee requests an opportunity to informally dispute the notice of adverse action.

(3) If an applicant for licensure or a licensee files an OIG-DRCC-02 for a hearing, the cabinet shall:

(a) Appoint a hearing officer; and

(b) Proceed pursuant to KRS 13B.050.

(4) If an applicant for licensure or a licensee files a request for a hearing and a request for an informal dispute resolution, the cabinet shall:

(a) Abate the formal hearing pending completion of the informal dispute resolution process; and

(b) Proceed to informal dispute resolution.

Section 20. Informal Dispute Resolution.

(1) A request for informal dispute resolution shall:

(a) Accompany the request for a hearing;

(b) Identify the licensure deficiency in dispute;

(d) Include documentation that disputes the deficiency.

(2) Upon receipt of the written request for informal dispute resolution, the regional program manager or designee shall:

(a) Review documentation submitted by the applicant for licensure or licensee; and

(b) If requested, schedule an informal dispute resolution meeting with the applicant for licensure or licensee.

(3) The informal dispute resolution meeting shall be held within ten (10) calendar days of receipt of the request by the cabinet, unless both parties agree in writing to an extension of time.

(4) The informal dispute resolution meeting shall be conducted by:

(a) The regional program manager or designee; and

(b) A child care surveyor who did not participate in the survey resulting in the disputed deficiency.

(5) Within ten (10) calendar days of completion of the informal dispute resolution meeting or request, the regional program manager or designee shall:

(a) Issue a decision by written notification to the return address specified in the request for informal dispute resolution;

(b) If a change is made to the statement of deficiencies, issue an amended statement of deficiencies; and

(6) An applicant or a licensee may:

(a) Accept the determination; or

(b) Proceed to a hearing according to KRS 13B.050.

(7) A request for informal dispute resolution shall not:

(a) Limit, modify, or suspend enforcement action against the applicant for licensure or licensee; or

(b) Delay submission of a written plan of correction.

(8) Emergency action taken in accordance with Section 17(2) of this administrative regulation shall conform to the requirements of KRS 199.896(4). The informal dispute resolution process shall not restrict the cabinet's ability to issue an emergency order to stop, prevent, or avoid an immediate threat to public health, safety, or welfare under KRS 13B.125(2) and 199.896(4).

Section 21. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "OIG-DRCC-01, Initial Child-Care Center License Application", 8/2018;

(b) "OIG-DRCC-02, Licensed Provider Request for Appeal", 05/2024; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Inspector General, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

History

RELATES TO: KRS Chapter 13B, Chapter 157, 158.030, 199.011(3), (4), (16), 199.894(1), (3), 199.895, 199.896-199.898, 214.036, 314.011(5), 620.020(8), 620.030, 45 C.F.R. 98.2, 98.41, 98.43, 42 U.S.C. 9831-9852, 9858c, f
STATUTORY AUTHORITY: KRS 194A.050(1), 199.896(2), (6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet, qualify for the receipt of federal funds, and cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 199.896(2) authorizes the Cabinet for Health and Family Services to promulgate administrative regulations to establish license fees and standards for a child-care center. KRS 199.896(6) requires the cabinet to establish an informal dispute resolution process. This administrative regulation establishes licensure standards for a child-care center and describes the informal dispute resolution process.
History: 20 Ky.R. 251; 555; 805; eff. 10-13-1993; Recodified from 905 KAR 2:090, 7-8-1999; 26 Ky.R. 1261; 1577; eff. 2-1-2000; 27 Ky.R. 1639; 2178; eff. 2-1-2001; 28 Ky.R. 2107; 2614; eff. 6-14-2002; 34 Ky.R. 1243; 2156; eff. 3-19-2008; 39 Ky.R. 878; 1708; eff. 3-8-2013; 39 Ky.R. 2236; eff. 9-18-2013; TAm eff. 10-4-2013; 44 Ky.R. 2109, 2513; eff. 7-18-2018; 46 Ky.R. 1977, 2673; eff. 7-29-2020; TAm eff. 6-24-2021; 51 Ky.R. 149; eff. 2-13-2025.

922 KAR 2:100 Certification of family child-care homes {#sec-922-kar-2-100 omnilex-key=us-ky-regs-official--title-922--922 KAR 2:100}

Section 1. Definitions.

(1) "Assistant" means a person:

(a) Who meets the requirements listed in Section 2(6) and Section 10(6), (7), and (8) of this administrative regulation; and

(b) Whose work is either paid or unpaid.

(2) "Cabinet" is defined by the KRS 199.011(3) and 199.894(1).

(3) "Child" is defined by KRS 199.011(4).

(4) "Contract substitute staff member" means a person who temporarily assumes the duties of a regular staff person, meets the requirements established in Section 11 of this administrative regulation, and receives payment from a contract entity rather than the child care center.

(5) "Corporal physical discipline" is defined by KRS 199.896(18).

(6) "Developmentally appropriate" means suitable for the specific age range and abilities of a child.

(7) "Family child-care home" is defined by KRS 199.894(5).

(8) "Health professional" means a person actively licensed as a:

(a) Physician;

(b) Physician assistant;

(d) Registered nurse as defined by KRS 314.011(5) under the supervision of a physician or advanced practice registered nurse.

(9) "Home" means the private primary residence of the certified family child-care home provider and contiguous property.

(10) "Infant" means a child who is less than twelve (12) months of age.

(11) "Parent" is defined by 45 C.F.R. 98.2.

(12) "Parental or family participation" means a family child-care home's provision of information or inclusion of a child's parent in the child-care home's activities, including:

(a) Distribution of a newsletter;

(b) Distribution of a program calendar;

(d) Other activity designed to engage a parent in the program's activities.

(13) "Pediatric abusive head trauma" is defined by KRS 620.020(8).

(14) "Premises" means the building and contiguous property in which child care is certified.

(15) "Preschool-age" means a child who is older than a toddler and younger than school-age.

(16) "Provider" means an owner, operator, or person who:

(a) Cares for a child in the provider's own home;

(b) Is not required to be licensed under 922 KAR 2:090; and

(17) "Related" means having one (1) of the following relationships with the provider:

(a) Child;

(b) Grandchild;

(d) Nephew;

(e) Sibling;

(f) Step-child; or

(g) Child in legal custody of the provider.

(18) "School-age child" means a child who meets the age requirements of KRS 158.030 or who attends kindergarten, elementary, or secondary education.

(19) "Toddler" means a child between the age of twelve (12) months and thirty-six (36) months.

Section 2. Certification Process.

(1) The cabinet or its designee shall be responsible for certifying a family child-care home.

(2) An applicant for certification shall:

(a) Show proof by photo identification or birth certificate that the individual is at least eighteen (18) years of age;

(b) Obtain commercial liability insurance of at least $50,000 per occurrence; and

A completed OIG-DRCC-03, Initial Certification Application for Family Child-Care Home;
A nonrefundable certification fee of ten (10) dollars pursuant to KRS 199.8982(1)(b);
Written documentation from the local authority showing the child-care home is in compliance with local zoning requirements;
Documentation of the requirements of KRS 199.8982(1)(a)1 through 3 and 5;
Background checks completed in accordance with 922 KAR 2:280; and
A physician's statement documenting that the family child-care home provider's health is satisfactory for operation of a family child-care home, including that the provider is free of active tuberculosis.

(3) An applicant for certification shall have a:

(a) High school diploma, general equivalency diploma (GED), or documentation from a comparable educational entity; or

(b) Commonwealth Child Care Credential in accordance with 922 KAR 2:250.

(4) An applicant shall be currently certified by an agency approved in accordance with 922 KAR 2:240 in infant, child, and adult:

(a) Cardiopulmonary resuscitation (CPR); and

(b) First aid.

(5) An adult living in the home of the applicant, present during the hours of operation or having unsupervised contact with a child in care, and the applicant's assistant shall:

(a) Complete background checks in accordance with 922 KAR 2:280; and

(b) Submit a copy of negative tuberculin results or a health professional's statement documenting that the adult is free of active tuberculosis.

(6) If an adult other than an adult listed on the initial application begins living in the provider's home, present during the hours of operation or having unsupervised contact with a child in care, the adult shall submit to background and health checks within thirty (30) calendar days of residence within the household.

(7) Upon receipt of a completed application for certification, and a nonrefundable certification fee pursuant to KRS 199.8982(1)(b), cabinet staff shall:

(a) Review and process the application; and

(b) Conduct an unannounced inspection of the home pursuant to KRS 199.8982(1)(b), including review of the evacuation plan in accordance with Section 19(7) of this administrative regulation.

(8) If the requirements of 922 KAR 2:280, subsections (1) through (7) of this section, and Sections 10 through 20 of this administrative regulation have been met, an applicant shall be certified as described in KRS 199.8982.

(9) Within three (3) months of submission to the cabinet of a complete OIG-DRCC-03, an applicant shall:

(a) In accordance with KRS 199.8982(1)(a)(6), demonstrate completion of six (6) hours of cabinet-approved pre-service orientation training in the following topics:

Federal minimum health and safety requirements established in 45 C.F.R. 98.41 related to: