Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
194A.050,
199.011,
199.680,
205.634,
615.030
NECESSITY, FUNCTION, and CONFORMITY:
KRS
194A.050 requires the Secretary for the
Cabinet for Health and Family Services to promulgate administrative regulation
necessary to operate programs and fulfill the responsibilities vested in the
Cabinet for Health and Family Services. This administrative regulation sets
forth the criteria for out-of-state placement of children committed to the
Department for Community Based Services pursuant to
KRS
199.680.
Section
1. Placement in Out-of-state Facilities.
(1) Children in the custody of the cabinet
may be placed in out-of-state facilities after a thorough in-state facility
search, documented in the case record, is unsuccessful in finding placement
that serves the needs of the child, pursuant to
KRS
205.634. The out-of-state placement shall
take into consideration the following circumstances:
(a) The facility's ability to meet the
child's needs;
(b) The facility's
location in relation to the parent's home;
(c) The parent's involvement with the child
and their means of transportation;
(d) The permanency goal for the child;
and
(e) The cost of services is
comparable to similar in-state services, when available.
(2) Exceptions to in-state placement may be
made pursuant to
KRS
199.680(1)(a)and
(b).
(3) No child shall be placed in an
out-of-state facility until the protection and permanency staff verify that:
(a) The facility is licensed by, and in good
standing with, licensing authorities in the state in which the facility is
located;
(b) Contact is made with
the social service personnel in the state where the facility is located to
assess the facility's reputation and the quality of care.
(4) The commissioner or his designee shall
approve the placement of children in out-of-state facilities.
(5) The placement of children in out-of-state
facilities shall comply with the Interstate Compact on Placement of Children,
pursuant to
KRS
615.030.
(6) The Department for Community-Based
Services shall provide verification of the search for an in-state placement to
the Department for Medicaid Services' Peer Review Organization for each
Medicaid eligible child, prior to the Peer Review Organization's determination
of medical necessity.
(7) Through
the Interstate Compact on Placement of Children, the Department for
Community-Based Services shall request courtesy supervision for each child
placed in an out-of-state facility. The department shall also request a report
every six (6) months as a result of the courtesy supervision.
Section 2. Facility Staff
Participation in Case Planning. Individuals designated by the facility where
the child is placed shall be invited to participate in the case planning
conferences, either in person or by telephone conferencing. The permanency
hearing for the child shall assess whether the out-of-state placement continues
to meet the needs of the child according to the established case
plan.
STATUTORY AUTHORITY:
KRS
194A.050,
199.011,
199.645,
199.680,
199.8982,
205.634,
615.050,
EO 98-731
