Current through Register Vol. 50, No. 9, March 1, 2024
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
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.
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:
1. Each prospective adoptive parent wishing
to receive a child;
2. Each parent
wishing to place a child; or
3.
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;
(c) Accompanied by the forms and information
listed in subsection (3) of this section; and
(d) Accompanied by a nonrefundable fee of
$200, required by
KRS
199.473(13), which shall be:
1. Sent per submission and not per
child;
2. In the form of a
certified or cashier's check; and
3. 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;
(c) The DPP-190,
Information to be Obtained from Prospective Adoptive Parent(s);
(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 prea-doptive 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:
1.
A minimum of three (3) personal references, including one (1) from a relative
of a prospective adoptive parent;
2. A minimum of two (2) financial
references;
3. Criminal background
check conducted in accordance with
KRS
199.473(2);
4. A Child abuse and neglect check
conductedin accordance with 922 KAR 1:490;
5. 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
6.
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;
(c) "DPP-187, Independent
Non-Relative Adoption Application", 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.
(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.
STATUTORY AUTHORITY:
KRS
194A.050(1),
199.472,
199.473(3)