Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
17.165(6),
61.876,
160.151,
160.380,
194A.380-194A.383,
199.466,
199.896(19),
199.8982(1)(a),
211.684(1)(a),
403.352,
600.020(1),
(40), (61), (62),
620.050,
620.051,
625.050-625.120,
42 U.S.C.
671(a)(20),
5106a(b),
9858f
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 the programs and fulfill the
responsibilities vested in the cabinet.
KRS
605.150(1) authorizes the
cabinet to promulgate administrative regulations to implement the provisions of
KRS Chapter 605, including
KRS
605.130(7), which authorizes
the cabinet to perform services necessary for the protection of children.
KRS
620.051(2) requires the
cabinet to promulgate administrative regulations to establish the central
registry and the process for a background check of the cabinet's child abuse
and neglect records. This administrative regulation establishes the procedure
by which the cabinet shall conduct a child abuse or neglect check using
information in the central registry.
Section
1. Definitions.
(1) "Abused or
neglected child" is defined by
KRS
600.020(1).
(2) "Administrative review" means that the
status of the individual subject to the central registry check is pending the
outcome of an:
(a) Investigation or assessment
in accordance with
922 KAR
1:330; or
(b) Appeal concerning a cabinet substantiated
finding of child abuse or neglect.
(3) "Child fatality" is defined by
KRS
211.684(1)(a).
(4) "Near fatality" is defined by
KRS
600.020(40) and
42
U.S.C.
5106a(b)(4)(A).
(5) "Sexual abuse" is defined by
KRS
600.020(61).
(6) "Sexual exploitation" is defined by
KRS
600.020(62).
Section 2. Central Registry.
(1) The central registry shall include the
name of each individual:
(a) Who has been
found by the cabinet to have abused or neglected a child on or after October 1,
1998; and
(b)
1. Who waived the right to appeal a
substantiated finding of child abuse or neglect in accordance with:
a.
922
KAR 1:480;
b.
922 KAR 1:320;
or
c.
922 KAR
1:330, Section 11; or
2. Whose substantiated incident was upheld
upon appeal.
(2) Each name shall:
(a) Remain on the central registry for a
period of at least seven (7) years; and
(b) Be removed from the central registry
after a period of seven (7) years if:
1. No
additional incident of child abuse or neglect has been substantiated by the
cabinet since the time of the incident for which the individual's name was
placed on the registry; and
2.
Cabinet records indicate that the incident for which the individual's name was
placed on the registry did not relate to:
a.
Sexual abuse or sexual exploitation of a child;
b. A child fatality related to abuse or
neglect;
c. A near fatality related
to abuse or neglect; or
d.
Involuntary termination of parental rights in accordance with
KRS 625.050 through
625.120.
(3) This administrative regulation shall not
apply to cabinet background checks required by
922
KAR 1:490.
(4) This administrative regulation shall not
limit the cabinet's ability to disclose information in accordance with
KRS
620.050 and
42
U.S.C. 5106a(b)(2)(B)
(viii), (ix), or (x).
Section
3. Procedure for Requesting a Central Registry Check.
(1) If information from the central registry
is required or authorized by law, a request for a central registry check may be
made by an:
(a) Individual;
(b) Organization; or
(c) Other entity.
(2) The cabinet shall conduct a check of the
central registry for each individual who:
(a)
Submits a request for a check of the central registry in accordance with
subsection (4) of this section; and
(b)
1.
Applies for initial licensure;
2.
Is hired by, or volunteers with, an entity required by law to obtain
information contained in the central registry; or
3. Is hired by, or volunteers with, an entity
that may require a central registry check as a condition for working with
children on a regular basis.
(3) An individual who is not required or
authorized by law to obtain information contained in the central registry shall
not receive a completed check and may instead submit an open records request in
accordance with
922
KAR 1:510.
(4) A request for a central registry check
shall be made:
(a) By electronically
submitting to the cabinet through the Kentucky Online Gateway:
1.
a. A
completed DCC-374, Child Care Central Registry Check, for an individual in
child care as specified by
42 U.S.C.
9858f,
KRS
199.466, or
922
KAR 2:280; or
b. A completed DPP-156, Central Registry
Check, for an individual required by a law not specified in clause a. of this
subparagraph no later than five (5) working days after:
(i) The date of employment of an individual
required by law to submit to a central registry check; or
(ii) A volunteer's first day, if the
volunteer is required by law to submit to a central registry check;
and
2. A
nonrefundable fee of ten (10) dollars paid by credit or debit card;
or
(b) Through another
cabinet system, including the Kentucky National Background Check Program
established by
906 KAR
1:190.
(5) A parent or guardian shall be required to
consent to the central registry check of an individual who is under the age of
eighteen (18).
(6) A state
requesting a child abuse or neglect check from the cabinet as required by
42 U.S.C.
671(a)(20) shall follow the
procedures described in
922
KAR 1:490, Section 5.
Section 4. Administrative Review.
(1) The cabinet shall indicate on a central
registry check if the individual is pending administrative review by the
cabinet.
(2) An individual subject
to administrative review in accordance with this section may submit a request
for the disclosure of records in accordance with
922
KAR 1:510 to be fulfilled once the administrative
review process is complete.
Section
5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "DPP-156, Central Registry
Check," 4/2022; and
(b) "DCC-374,
Child Care Central Registry Check," 4/2022.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Cabinet for Health and
Family 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),
605.130(7),
605.150(1),
620.051(2)
