922 KAR 3:020. Grant services and

eligibility.

 

      RELATES TO: KRS 194B.370, 195.105(1),

209.030, 600.020(8), 620.170, 45 C.F.R. Part 74.23, 42 U.S.C. 1397, EO 2004-726

      STATUTORY AUTHORITY: KRS 194A.050(1),

199.420(1), 209.035, 605.150, 620.180(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

194A.050(1) requires the secretary 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.

EO 2004-726 reorganizes the executive branch of government and establishes the

Cabinet for Health and Family Services. The Cabinet for Health and Family

Services has the responsibility under the provisions of KRS Chapters 199, 209,

605, and 620 to administer the social services programs in accordance with

Title XX-Block Grants to States for Social Services, 42 U.S.C. 1397. This administrative

regulation establishes eligibility requirements for social services programs in

accordance with Title XX of the Social Security Act.

 

      Section 1. Definitions. (1) "Home

safety services" means services provided to:

      (a) Prevent the removal or repeat

maltreatment of a child; or

      (b) Maintain an adult safely in the home

or community.

      (2) "In-kind contributions"

means contributions which consist of volunteer services, donated supplies or

property that are acceptable as a match requirement as specified in 45 C.F.R.

Part 74.23.

      (3) "Juvenile services" means

services that include community treatment for a juvenile and juvenile’s family,

to rehabilitate the youth and help prevent the youth’s future involvement with

the juvenile or criminal justice system.

      (4) "Residential treatment

services" means services that provide a comprehensive treatment-oriented

living experience, in a twenty-four (24) hour residential facility, for a

juvenile offender committed to the cabinet, or to the Department of Juvenile

Justice.

 

      Section 2. Grant Services. (1) Subject to

availability of the block grant and state funds, the Social Services Block

Grant shall fund the following services to an eligible applicant as specified

in Section 3 of this administrative regulation:

      (a) Adult protection services of 922 KAR

5:070;

      (b) Alternate care services of 922 KAR

5:100;

      (c) Child protection services of 922 KAR

1:230 and 922 KAR 1:330;

      (d) General adult services of 922 KAR

5:090;

      (e) Home safety services;

      (f) Juvenile services; or

      (g) Residential treatment services.

      (2) Subject to availability of the block

grant and state funds, the Social Services Block Grant shall fund cabinet staff

training in accordance with KRS 194B.370 and 195.105.

 

      Section 3. Eligibility. (1) To be

eligible for social services, a person shall be:

      (a) A resident of Kentucky; or

      (b) A juvenile, classified as a runaway.

      (2) To be eligible for social services, a

person shall need a social service program:

      (a) Specified in Section 2 of this

administrative regulation; and

      (b) Identified by cabinet staff.

      (3) A child, as described in KRS

600.020(8), shall be eligible for social services if:

      (a) The child is committed to the

cabinet, or the Department of Juvenile Justice by:

      1. A court of competent jurisdiction; or

      2. The parent’s voluntary consent under

KRS 620.170;

      (b) A court of competent jurisdiction has

ordered the cabinet to serve the child; or

      (c) The cabinet receives information

about a child that meets a criterion in:

      1. Emergency protective services of 922

KAR 1:230; or

      2. Child protective services of 922 KAR

1:330.

      (4) An adult shall be eligible for social

services if:

      (a) A court of competent jurisdiction has

ordered the cabinet to serve the adult; or

      (b) The cabinet receives information

about an adult that meets a criterion in:

      1. Adult protective services of 922 KAR

5:070;

      2. General adult services of 922 KAR

5:090; or

      3. Alternate care services of 922 KAR

5:100.

      (5) The cabinet shall provide home safety

services to an individual or family that:

      (a) Currently receives:

      1. Child protective services;

      2. General adult services; or

      3. Adult protective services;

      (b) Is unable to access similar services

through other community resources; and

      (c) Has a household income equal to or

less than 200 percent of the federal poverty level, as determined annually by

the United States Department of Health and Human Services.

 

      Section 4. Assessment and Redetermination

of Need. (1) An initial determination of need shall be completed within thirty

(30) calendar days of the date of referral, report, or request for a social

service from the cabinet, and redetermined:

      (a) At least annually; or

      (b) If there is a change in

circumstances.

      (2) A home safety service redetermination

shall comply with Section 3(5) of this administrative regulation and be

reviewed every six (6) months to determine need and income eligibility.

 

      Section 5. Local Match. (1) In accordance

with Title XX - Block Grants to States for Social Services, 42 U.S.C. 1397, the

cabinet may contract with an individual or agency to provide a local match

based on one (1) dollar for every three (3) dollars expended in federal funds.

      (2) Local match may be cash, certified

expenditures, or in-kind contributions.

 

      Section 6. Annual Plan. A copy of the

state's Title XX Social Services Block Grant annual plan may be obtained by a

request in writing made to the Commissioner of the Department for Community

Based Services, Cabinet for Health and Family Services, 275 East Main Street,

Frankfort, Kentucky 40621. (9 Ky.R. 102; eff. 8-11-82; Am. 20 Ky.R. 2440; eff.

3-23-94; Recodified from 905 KAR 3:020, 10-30-98; 30 Ky.R. 1987; eff.

5-24-2004.)