Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
2.015,
199.011,
199.640,
199.645-199.670,
214.034(5),
600.020,
610.110,
620.140
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 operate
programs and fulfill the responsibilities vested in the cabinet.
KRS
199.640(5) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
relating to standards of care and service for child-caring facilities. This
administrative regulation establishes standards of care and service for
emergency shelter child-caring facilities.
Section
1. Definitions.
(1) "Child" is
defined by
KRS
199.011(4) and
600.020(9),
and may include:
(a) 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
(b) A person who meets the
exceptions to the age of majority in accordance with
KRS
2.015.
(2) "Crisis intervention unit" means a unit
operated to serve a child in need of short-term intensive treatment and to
avoid risk of placement to a higher level of care.
(3) "Emergency shelter" means a group home or
similar homelike facility that provides temporary or emergency care for
children and has adequate staff and services to meet the needs of each resident
child.
(4) "Treatment" means
individualized management and care of a child utilizing professionally
credentialed and certified staff and a component of the treatment environment
to assist the child in resolving emotional conflict or a behavioral
disorder.
Section 2.
Administration and Operation.
(1) Licensing
procedures. Licensing procedures for an emergency shelter child-caring facility
shall be administered as established in
922
KAR 1:305.
(2) An emergency shelter child-caring
facility shall meet the requirements of
922 KAR
1:300, except for the following:
(a) Section 5(1)(d)2;
(b) Section 5(1)(i)1, 3, and 4;
(c) Section 5(1)(k);
(d) Section 5(1)(n);
(e) Section 5(1)(o);
(f) Section 7(1)(e);
(g) Section 7(2)(a);
(h) Section 7(2)(b)3 and 4;
(i) Section 7(2)(c);
(j) Section 7(3);
(k) Section 7(4)(a);
(l) Section 7(5); and
(m) Section 7(6)(c), (d), (e), and
(g).
Section
3. Emergency Shelter Child-caring Facility Services.
(1) An emergency shelter child-caring
facility that is part of a program offering a treatment service shall maintain
compliance with
922 KAR
1:300, Section 8.
(2) If an emergency shelter care program is
part of a larger organization providing other child-caring or child-placing
services in accordance with
922 KAR
1:310, there shall be a person designated to serve as
coordinator of the emergency shelter child-caring facility.
(3)
(a)
Except as provided by paragraph (b) of this subsection, the facility shall
obtain the following information from a child's custodian during intake:
1. Commitment order, temporary custody order,
or signed voluntary admission form; and
2. Basic identifying information on the child
including:
a. Name and birthdate;
b. Address, and name and address of parent or
guardian;
c. Last school attended
and grade level; and
d. Medical
information, if known.
(b) If a child is a walk-in to the program
and no custodian is available, a facility shall obtain a placement agreement
with the custodian within seventy-two (72) hours.
(4) Discharge.
(a) The facility shall have written policy
and procedure describing conditions under which a child may be
discharged.
(b) Discharge planning
shall begin immediately upon admission of a child.
(c) The facility shall prepare a written
discharge summary within five (5) days following the date of discharge. A copy
shall be provided to the legal custodian.
Section 4. Crisis Intervention Unit. An
emergency service in a crisis intervention unit shall be provided as
established in
922 KAR
1:300, Section 9.
STATUTORY AUTHORITY:
KRS
194A.050(1),
199.640(5)
The
amended version of this section by; eff.
3/22/2023 is not yet
available.