Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
2.015,
199.011(4),
(10),
200.115(1),
600.020(9),
(30),
605.120(2),
610.110(6),
620.020(1),
620.140(1)(d),
42 U.S.C.
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 implement programs mandated by federal
law or to qualify for the receipt of federal funds and necessary to cooperate
with other state and federal agencies for the proper administration of the
cabinet and its programs.
KRS
605.120(2) requires the
cabinet to establish a reimbursement system, within existing appropriation
amounts, for foster parents that comes as close as possible to meeting the
actual cost of caring for foster children, and to address additional costs
associated with providing care to children with exceptional needs. In addition,
Olmstead v. L.C. and E.W., 119 S. Ct. 2176 (1999), held that unnecessary
institutionalization of a person with a disability may be a violation of the
Americans with Disabilities Act of 1990,
3
U.S.C. 421 and that, given certain
exceptions, services should be delivered in the most integrated setting
appropriate to the treatment needs of a person with a disability. This
administrative regulation establishes the requirements for a foster home to
receive a high-risk or parenting youth supplement reimbursement, to the extent
funds are available, for extraordinary care the foster home provides to a child
with exceptional needs, or a parenting youth, who is in the custody of the
cabinet.
Section 1. Definitions.
(1) "Case permanency plan" is defined by
KRS
620.020(1).
(2) "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.
(3) "Crisis" means a factor or set of factors
that:
(a) Jeopardizes a child's placement in a
home; and
(b) Creates a risk for
removal of the child from the home to a more restrictive setting, including
institutionalization.
(4) "Exceptional needs" means the needs of a
child:
(a) As specified in Section 2(2) or 4
of this administrative regulation; and
(b) Reimbursed in accordance with
KRS
605.120(2).
(5) "Extraordinary care" means
services:
(a) Provided to a child with
exceptional needs in the custody of the cabinet; and
(b) That exceed a regular per diem, as
established in 922 KAR 1:350, Section 10.
(6) "Family team meeting" means a meeting
convened to develop a child's case permanency plan to successfully attain the
desired outcomes for the child and family.
(7) "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) An individual approved as a foster parent
by the cabinet pursuant to 922 KAR 1:310 or 922 KAR 1:350, if referring to an
individual.
(8)
"High-risk supplement" means a reimbursement to a foster home that is necessary
to cover an additional expense associated with the provision of extraordinary
care.
(9) "Parenting youth
supplement" means a daily supplement to the per diem that is necessary to cover
an additional expense associated with a youth who is placed with and has
custody of their own child.
(10)
"Transition" means the period of a child's adjustment from a more restrictive
out-of-home care placement to a foster home.
Section 2. High-risk supplement.
(1) To the extent funds are available, the
cabinet shall reimburse a foster home for the extraordinary care provided to a
child with exceptional needs.
(2)
The cabinet shall consider a child eligible for a high-risk supplement if:
(a)
1.
Community resources meet the child's needs; and
2. The child requires services consistent
with Level IV or Level V care established in 922 KAR 1:360, Section
4;
(b) The child is
placed in a medically complex or care plus foster home in accordance with 922
KAR 1:350;
(c) A child has a need
for extraordinary care due to a:
1.
Transition; or
2. Crisis;
(d) A family team meeting is held
to:
1. Complete a "DPP-111B, High-Risk
Supplement Assessment"; and
2.
Include the following individuals:
a.
Designated regional cabinet staff;
b. Family members, including the child or a
sibling;
c. Family
friends;
d. Community
partners;
e. Foster parents;
or
f. Other individuals requested
by the family or cabinet staff; and
(e) The foster home agrees to maintain a
monthly log of the services provided to the child for the duration of the
high-risk supplement.
(3) If a child is eligible for the high-risk
supplement:
(a) Designated regional cabinet
staff shall develop an addendum to the child's case permanency plan that
includes specific services and their timeframes for the child; and
(b) The child's foster home shall complete
monthly logs of the child's extraordinary care.
(4) The high-risk supplement shall be:
(a) A standardized amount added to the per
diem specified in contract between an approved foster home and the cabinet;
and
(b) Provided to a foster home
for a period of up to six (6) months if the requirements established in this
section are met.
(5)
Extensions to the high-risk supplement may be granted in six (6) month
intervals if:
(a) The child is reassessed by
the cabinet pursuant to Section 3 of this administrative regulation and
continues to meet the eligibility requirements established in subsection (2) of
this section; and
(b) The family
team meeting is held prior to granting each extension in order to:
1. Review progress made in the child's
current case permanency plan addendum, which shall include a review of the
foster home's monthly log of the child's extraordinary care; and
2. Complete a new "DPP-111B, High-Risk
Supplement Assessment".
(6) If a high-risk supplement extension is
granted:
(a) The cabinet shall develop a new
addendum to the child's case permanency plan that includes the specific
services and their timeframes to be provided through the period of the
extension granted; and
(b) The
foster home shall continue to complete monthly logs of the child's
extraordinary care.
Section 3. Reassessment for High-Risk
Supplement.
(1) If a foster home receives a
high-risk supplement, the child shall be reassessed when the supplement expires
to determine if the eligibility requirements established in Section 2 of this
administrative regulation are met.
(2) If a child eligible for the high-risk
supplement is relocated to another foster home or out-of-home placement, the
cabinet:
(a) Shall cease reimbursement of the
high-risk supplement to the child's prior foster home; and
(b) May redetermine the child to be eligible
for the high-risk supplement if the requirements established in Section 2(2) of
this administrative regulation are met.
Section 4. Parenting Youth Supplement.
(1) To the extent funds are available, the
cabinet shall reimburse a foster home or approved provider pursuant to 922 KAR
1:300, 922 KAR 1:310, or 922 KAR 1:340 for the extraordinary care provided to a
child who is a parenting youth.
(2)
The cabinet shall consider a child eligible for a parenting youth supplement
if:
(a) The child is placed in:
1. A cabinet-approved foster home as
established by 922 KAR 1:350;
2. An
independent living setting approved in accordance with 922 KAR 1:340;
3. A private child-placing agency foster home
approved in accordance with 922 KAR 1:310; or
4. An approved private child-caring facility
in accordance with 922 KAR 1:300.
(b) The child:
1. Is in the custody of the
cabinet;
2. Has custody and control
of their own child or children; and
3. Physically resides in the same location as
the child or children; and
(c) A "DPP-116, Parenting Youth Supplement"
is completed.
(3) A
parenting youth supplement shall be:
(a) A
standardized amount per child of the parenting youth added to the per diem of
the parenting youth;
(b) Effective
for the duration of the placement in which the youth in the custody of the
cabinet and their child or children reside together; and
(c) Specified in the DPP-116.
(4) If a child deemed eligible for
the parenting youth supplement is relocated to another foster home or provider
established in subsection (2)(a) of this section, the cabinet:
(a) Shall cease reimbursement of the
parenting youth supplement to the child's prior foster home or provider;
and
(b) May redetermine the child
to be eligible for the parenting youth supplement if the requirements of
subsection (2) of this section are met.
Section 5. Service Appeals. A foster home or
provider referenced in Section 4(1) of this administrative regulation may
request an appeal in accordance with 922 KAR 1:320.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "DPP-111B, High-Risk Supplement
Assessment", 07/20; and
(b)
"DPP-116, Parenting Youth Supplement", 11/20.
(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.
32 Ky.R. 529; 690;
eff. 10-19-2005; 47 Ky.R. 468; eff. 2-4-2021.
STATUTORY AUTHORITY:
KRS
194A.050(1),
605.120(2)