Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
600.010,
600.020,
605.130,
620.050(3),
620.072,
42
U.S.C. 620-629m,
1397-1397h,
5106a
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Secretary for the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate programs and fulfill the
responsibilities vested in the Cabinet for Health and Family Services, qualify
for the receipt of federal funds, and 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 - Administrative Matters. This administrative regulation
establishes cabinet procedures for delivery of ongoing in-home case planning
and service delivery for child protection cases of abuse, neglect, or
dependency in compliance with
KRS
605.130.
Section
1. Definitions.
(1) "Cabinet" is
defined by
KRS
600.020(7).
(2) "Case planning" means a process during
which the cabinet works with the family and other involved parties to identify
conditions within a family, which may cause the threat of harm to a child and
that need to be changed, and the services necessary to bring about familial
changes in order to facilitate a child's safety and well being in the home
environment.
(3) "Permanency goals"
means the goals for permanency established by 922 KAR 1:140, Section
4.
Section 2. In-Home
Case Planning.
(1) If the cabinet has
determined that a child shall remain in the home, the cabinet shall review the
results of the investigation or assessment conducted pursuant to 922 KAR 1:330
to include:
(a) Reviewing the case
history;
(b) Initiating contact
with a family;
(c) Completing a
case plan with input from the family and community supports, pursuant to 922
KAR 1:140, Sections 3 and 5; and
(d) Completing a Prevention Plan in
accordance with 922 KAR 1:330, if indicated, with input from family and
community supports.
(2)
An assessment shall:
(a) Be completed at
least every six (6) months prior to each periodic case plan; and
(b) Include:
1. Information gathered during contacts with
the family and service providers;
2. Considerations of the level of cooperation
and efforts made by the family members to reduce threat and address the
high-risk behaviors that brought the family into contact with the
department;
3. The family's
progress towards case plan objectives; and
4. Further services or case actions necessary
to achieve the case plan objectives and case closure.
(3) The cabinet shall advise a
family receiving in-home case planning and service delivery of the right to a
fair hearing in accordance with 922 KAR 1:320.
Section 3. Case Plan.
(1) A case plan shall encompass:
(a) Identified expectations of a family and
the cabinet; and
(b) Initiating
linkage to community resources, including services to:
1. Address the high-risk behaviors of the
family that brought the family to the attention of the cabinet; and
2. Meet the safety, health, and developmental
needs of the child.
(2) If a child continues to reside in the
home of a parent or guardian, the cabinet shall:
(a) Have monthly contact with the family:
1. To evaluate the family's progress;
and
2. In accordance with
KRS
620.072; and
(b) Make a monthly in-home, face-to-face
visit with the child to:
1. Observe the
interaction between parent, child, and siblings;
2. Determine the appropriateness of
interactions, such as the parent's ability to address the child's needs,
attachments, and cooperation among caregivers;
3. Determine if parenting skills need
improvement; and
4. Identify the
protective capacity of the parent, including the parent's response to service
provision and abilities to recognize the child's needs, control impulses, and
express positive attachment to the child.
(3) If the home environment was indicated as
an issue in the case plan, an in-home visit to assess the home shall be
conducted.
Section 4.
Case Closure and Aftercare Planning.
(1) A
new assessment in accordance with Section 2(2) of this administrative
regulation shall be completed before an in-home case is closed.
(2) The decision to close a case shall be:
(a) Based on documentation that the original
factors resulting in abuse, neglect, or dependency, or the risk of the abuse,
neglect or dependency, has been resolved to the extent that the parent or
guardian is able to:
1. Protect the child;
and
2. Meet the needs of the child;
and
(b) Reviewed and
approved by the cabinet staff's supervisor or designee.
(3) Consideration for closure of a child
protective service case shall occur if the following conditions are met:
(a) The child is no longer in need of
protection; and
(b) The case
planning or permanency goals have been achieved.
(4) The 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
accordance with 922 KAR 1:320.
(5) If it is determined that a protective
services case is appropriate for closure, the cabinet shall work with the
family to develop an aftercare plan in accordance with 922 KAR 1:330 by:
(a) Linking the family to community
resources;
(b) Continuing
preventative measures; and
(c)
Instructing the family in how to use the aftercare plan.
(6) The focus of the aftercare plan shall be
to prevent a reoccurrence of child abuse, neglect, or dependency.
STATUTORY AUTHORITY:
KRS
194A.050(1),
605.150(1)
