Current through Register Vol. 51, No. 3, September 1, 2024
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
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
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
(c) A person under age
twenty-one (21) who meets the exceptions to the age of majority in accordance
with KRS
2.015.
(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);
(c) Advanced practice registered nurse as
defined by KRS
314.011(7); or
(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:
1. 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;
2. 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
3. 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:
1. Foster care reimbursement;
or
2. 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:
1. Whose parent's parental rights have been
terminated; and
2. Who is under the
custodial control of the cabinet;
(c) Provide respite care for a child under
the custodial control of the cabinet; or
(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)
1. The names of three (3) personal references
including:
a. One (1) relative reference;
and
b. Two (2) non-relative
references.
2. 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
(c) Present marriage.
(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
(c) Proof of current payment of child
support, if applicable.
(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.
(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) 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:
1. Whose parent's parental rights have been
terminated; and
2. Who is under the
custodial control of the cabinet;
(c) Provide respite care for a child 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
(c) Proof of current payment of child
support, if applicable.
(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:
1. Ensure the employee completes
pre-service training outside the region of employment, as applicable pursuant
to 922 KAR 1:495;
2. Assign a social services worker outside of
the applicant employee's region of employment to complete the home
study;
3. Maintain the case outside
of the applicant employee's region of employment; and
4. 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
(c) Provider of child-care center services in
accordance with
922 KAR 2:090.
(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
(c) Clientele.
(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;
(c) Recreation;
(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
(c) Abide
by passenger restraint laws.
(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:
1. Necessary to
facilitate the placement of a sibling group or children who are related and
share a sibling-like relationship, such as cousins; and
2. 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
(c) Have a clean fitted sheet that shall be
changed:
1. Weekly; or
2. 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;
(c) Comply with state and local health
requirements regarding water and sanitation;
(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:
1. Toilet;
2. Sink; and
3. 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;
(c) Poisonous or cleaning
material;
(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)
1. The
child is approved by a health care professional to self-administer medicine
under the supervision of the foster or adoptive parent; or
2. 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:
1. 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;
2. A
chronic condition that is expected to be life-long and progressive and to
require extensive services;
3. An
acute, time-limited condition requiring additional oversight; or
4. 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:
1. Infant, child, and adult
CPR; and
2. First aid;
and
(g) Has a home
within:
1. One (1) hour of a medical hospital
with an emergency room; and
2.
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:
1. Not care for more than one (1) child with
medical complexity; and
2.
Demonstrate access to available support services; and
(b) A two (2) parent medically complex foster
or adoptive home shall:
1. Not care for more
than two (2) children with medical complexity; and
2. 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:
1. Has a diagnosed
emotional or behavioral problem;
2.
Is due to be released from a treatment facility;
3. Is aggressive, destructive, or displays
disruptive behavior;
4. Is at risk
of being placed in a more restrictive setting;
5. Is at risk of institutionalization;
or
6. 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:
1. Strengths and needs;
2. Records maintained on services provided to
the child; and
3. Ability to meet
the goals established for the child; and
(c) Continues to meet the requirements of
this section.
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;
(c) Discussion of the
attitude of each member of the applicant's household toward placement of a
child;
(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:
1. Determine that the applicant possesses the
necessary skills for fostering; and
2. 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
(c) The applicant's
ability to provide a foster, adoptive, or respite care service is consistent
with the:
1. Cabinet's minimum foster or
adoptive home requirements established in this administrative regulation;
and
2. 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)
1.
Recommend that the applicant withdraw the application; or
2. 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;
(c) Affection;
(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;
(c) Change in the number
of people living in the home;
(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;
(c) Mail; or
(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:
1. Based on
the age of a child placed by the cabinet in the foster home; and
2. 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:
1. 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
2. Based on the age
of the child placed by the cabinet.
(c) A basic medically complex per diem
reimbursement shall be made to a foster parent who:
1. Meets criteria specified in Section 6 of
this administrative regulation; and
2. 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:
1. Meets criteria specified in
Section 6 of this administrative regulation;
2. Has been approved for one (1) year as a
medically complex foster or adoptive parent;
3. Has met training requirements in
accordance with KRS
922 KAR 1:495, Section 3;
and
4. 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:
1. Meets criteria specified in Section 6 of
this administrative regulation;
2.
Maintains a current license as a health professional; and
3. 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:
1. Meets criteria specified in
Section 7 of this administrative regulation; and
2. 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:
1. Meets criteria specified in Section 7 of
this administrative regulation;
2.
Has been approved for one (1) year as a care plus foster or adoptive
parent;
3. Has met training
requirements in accordance with
922 KAR 1:495, Section 3(1);
and
4. 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:
1. Meets criteria specified in Section 6 of
this administrative regulation; and
2. 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:
1. Maintains a current
license as a health professional;
2. Meets criteria specified in Section 6 of
this administrative regulation; and
3. 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:
1. Be specified in a contract between an
approved foster home and the cabinet; and
2. 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:
1. A medical crisis affects the
foster parent; or
2. 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
(c) Tuition or fees up to the amount of:
1. $100 per parent per year; or
2. $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:
1. 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
2. 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
(c)
Continuing compliance with the applicable requirements of this administrative
regulation.
(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;
(c) Use of formal and informal support
systems including:
1. Respite;
2. Extended family support; and
3. Friends or community partners;
(d) Description of parenting and
discipline strategies;
(e) Changes
in the physical environment including:
1.
Address change; and
2. School
district change;
(f)
Discussion of stressors within the home to include:
1. Pregnancy or birth;
2. Physical or mental health
conditions;
3. Employment
changes;
4. Financial
changes;
5. Death, grief, or
loss;
6. Childhood trauma;
and
7. 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;
(c) Change in marital status or home
address;
(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:
1. Cruel, severe, or humiliating
actions;
2. Corporal punishment
inflicted in any manner;
3. Denial
of food, clothing, or shelter;
4.
Penalties for bedwetting or actions related to toilet training;
5. Withholding implementation of the child's
treatment plan;
6. Denial of
visits, telephone, or mail contacts with family members, unless authorized by a
court of competent jurisdiction; or
7. Assignment of extremely strenuous exercise
or work;
(g) A report of
abuse, neglect, or dependency that results in a finding that:
1. Is substantiated; or
2. 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;
(c)
Description of the situation that initiated the review;
(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:
1. Section 2 or 3 of this administrative
regulation; and
2. 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.
(c) A child with medical
complexity shall be placed in an approved medically complex 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;
(c) A child with an established meaningful
relationship with the family to remain with the family;
(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
(c) The completed DPP-112A shall be submitted
on the first business day following placement.
(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
(c) Criteria in
922 KAR 1:100 are met.
(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:
1. An approved foster or adoptive home;
or
2. Approved in accordance with
subsection (2) of this section; and
(b) Receive preparation for placement of a
child, including information in accordance with:
1.
KRS
605.090(1)(b); and
2. 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)
1. Be
at least twenty-one (21) years of age;
2. 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;
3. Meet the background check requirements
established in
922 KAR 1:490 for the applicant
and his or her household; and
4.
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)
1. 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
2. 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
(c) "DPP-112A, DCBS Placement Exception
Request", 11/22.
(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.
STATUTORY AUTHORITY:
KRS
194A.050(1),
199.472(1),
605.100(1)