Current through Register Vol. 50, No. 6, December 1, 2023
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
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.
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;
(c) Improving the
abilities of parents to carry out parental responsibilities;
(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
(c) A preponderance of evidence exists that
abuse or neglect was committed by the caretaker.
(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:
1. Child abuse, neglect, or dependency;
or
2. 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:
1. Specific information as to the nature and
extent of:
a. Abuse, neglect, or
dependency;
b. Female genital
mutilation; or
c. Human
trafficking;
2. The cause
of the abuse, neglect, or dependency;
3. The location of the child and
family;
4. Knowledge or suspicion
of a previous incident;
5.
Identifying information regarding a witness to the alleged incident that
resulted in the child's condition;
6. An action taken by the reporting person,
if applicable;
7. Present danger or
threat of danger to the child or cabinet staff; and
8. 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:
1. Who is alleged to be dependent;
or
2. 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
(c) Keep a record of the report in accordance
with 42 U.S.C. 5106a(b)(2)(B)(xii).
(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:
1. An injury that
is, or has been, observed on a child that was allegedly inflicted
non-accidentally by a caretaker;
2.
Physical abuse if no current observable injury is seen;
3. A child being hit in a critical area of
the body, such as the head, neck, genitals, abdomen, or back;
4. 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;
5. A situation in
which a child is likely to be physically abused; or
6. 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:
1. 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;
2. 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;
3. 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;
4. 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;
5. Environmental neglect, if a serious health
and safety hazard is present and the caretaker is not taking appropriate action
to eliminate the problem;
6.
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;
7.
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;
8. 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
9. 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
reportAlleges 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:
1. Has a sexually transmitted disease;
or
2. 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:
1. 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
2. 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;
(c) The problem described
does not meet the statutory definitions of abuse, neglect, human trafficking,
or dependency;
(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:
1. The alleged victim of a fatality or near
fatality; or
2. A surviving child
in the care of the alleged perpetrator of a child fatality or near fatality;
or
(b)
1. 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
2. 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)
1. Indicates the presence of safety threats
and risk factors to the child; or
2. 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:
1. In accordance with 42 U.S.C. 5106a(b)(2)(B)(v),(vi),(ix),(xi), or (xxi); or
2. Pursuant to KRS 620.029 or 620.040(1)(b)
or (2)(b); and
(b)
Necessary to:
1. Reduce risk to a child;
and
2. 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:
1. Developed in conjunction with a family and
the family's identified support system;
2. Agreed upon by the participants;
3. Signed by all parties identified to
participate in the plan, unless a party is unwilling or unable to sign;
and
4. 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)
1. A
child identified as a protection and advocacy client dies as a result of
alleged abuse or neglect; and
2.
The alleged perpetrator is a person exercising custodial control or
supervision; or
(b) A
child fatality has occurred as a result of:
1.
Placement in seclusion pursuant to 922 KAR 1:300; or
2. 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;
(c) Child-care
center licensed in accordance with 922 KAR 2:090;
(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.
1. 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.
2.
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.
3. 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
(c) Registered child care
provider.
(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;
(c)
Registered child care provider;
(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;
(c) The alleged
perpetrator; and
(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
(c) That the
alleged perpetrator has the right to appeal pursuant to 922 KAR 1:480;
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:
1.
Unsubstantiated child abuse or neglect;
2. Substantiated child abuse or
neglect;
3. Child fatality or near
fatality related to abuse or neglect;
4. Unable to locate the child;
5. Services needed for the child or child's
family, which may include a dependent child;
6. No finding; or
7. 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:
1. Confirmed;
2. Not confirmed; or
3. 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;
(c)
Information about the perpetrator's right to appeal the substantiated finding
in accordance with 922 KAR 1:480; and
(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:
1. Protect the child; and
2. 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, 922 KAR 1:400,
or 922 KAR 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.
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.
STATUTORY AUTHORITY: KRS 194A.050(1), 605.150(1),
620.029(2)(a), 620.180(1)