Kentucky Administrative Regulations
Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY
Chapter 1 - Child Welfare
Section 922 KAR 1:130 - Kinship care program
Universal Citation: 922 KY Admin Regs Service 1:130
Current through Register Vol. 51, No. 6, December 1, 2024
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
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.
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
(c) Under age eighteen (18) and a graduate of
high school or equivalent.
(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:
1. K-TAP for a child if an
application is made in accordance with
921
KAR 2:006 and
921
KAR 2:016;
2. 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;
3. Supplemental Nutrition Assistance Program
(SNAP) benefits for a household if an application is made in accordance with
921 KAR
3:030; or
4. 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:
1. 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
2. The death of both parents;
and
(b) Places the child
with a caretaker relative prior to April 1, 2013, due to:
1. Abuse or neglect as provided in paragraph
(a)1 of this subsection; or
2.
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
(c) Other state
agency responsible for the child's placement provides verification that the
placement was due to:
1. 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
2. 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:
1. Criminal records check in
accordance with 922 KAR 1:490; and
2. 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:
1. Protect the child from abuse or
neglect;
2. Assume permanent
custody;
3. Understand and agree to
the "KC-01 Kinship Care Program Statement of Rights and
Responsibilities";
4. Participate
in the child's case permanency plan;
5. Access:
a. Transportation;
b. Telephone;
c. Medical services;
d. First aid supplies; and
e. School;
6. Provide full-time care; and
7. 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)
1. The caretaker relative with whom the child
is placed; or
2. 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
(c) An SSI payment as established in
42 U.S.C.
1382.
(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 care-giver 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
(c) Accept an application for K-TAP for the
child in accordance with
921
KAR 2:006 and
921
KAR 2:016.
Section 11. Kinship Care Payment.
(1) The maximum monthly payment scale and
child's income limit shall be as follows:
|
Number of Eligible Children |
Maximum Monthly Payment and Income Limit |
|
1 Child |
$ 300 |
|
2 Children |
$ 600 |
|
3 Children |
$ 900 |
|
4 Children |
$1,200 |
|
5 Children |
$1,500 |
|
6 or More Children |
$1,800 |
(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:
1. Death of the kinship caregiver;
2. An illness or injury of the kinship
caregiver, as supported by medical documentation, that inhibits adequate care
of the child; or
3. 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:
1. Section 16(2) of this administrative
regulation; or
2. 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 redetermina-tion 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;
(c) Additional furniture;
(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:
|
Number of Eligible Children |
Maximum Payment Amount |
|
1 |
$350 |
|
2 |
$700 |
|
3 |
$1,050 |
|
4 |
$1,400 |
|
5 |
$1,750 |
|
6 or more |
$2,100 |
(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
(c) Referral to an available support group or
other community-based services.
(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
(c) Eligibility for the Kinship
Care Program shall not establish entitlement to a child care subsidy
payment.
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:
1. Is
absent due to medical care or school attendance; and
2. 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);
(c) A psychiatric residential treatment
facility as defined in
KRS
216B.450(5);
(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
(c) "KIM-78KC Kinship
Care Financial Assistance Application", 07/03.
(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.
STATUTORY AUTHORITY: KRS 194A.050(1), 205.200(2), (3), 605.120(5), (6), 605.150(1)
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