922 KAR 1:370 Criteria for out-of-state placement

Link to law: http://www.lrc.ky.gov/kar/922/001/370.htm
Published: 2015

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      922 KAR 1:370. Criteria for out-of-state



      RELATES TO: KRS 194A.050, 199.011, 199.680, 205.634, 615.030

      STATUTORY AUTHORITY: KRS 194A.050, 199.011, 199.645, 199.680,

199.8982, 205.634, 615.050, EO 98-731

      NECESSITY, FUNCTION, and CONFORMITY: KRS 194A.050  requires the Secretary for the

Cabinet for Health and Family Services to promulgate administrative regulation

necessary to operate programs and fulfill the responsibilities vested in the

Cabinet for Health and Family Services. This administrative regulation sets

forth the criteria for out-of-state placement of children committed to the

Department for Community Based Services pursuant to KRS 199.680.


      Section 1. Placement in Out-of-state

Facilities. (1) Children in the custody of the cabinet may be placed in

out-of-state facilities after a thorough in-state facility search, documented

in the case record, is unsuccessful in finding placement that serves the needs

of the child, pursuant to KRS 205.634. The out-of-state placement shall take

into consideration the following circumstances:

      (a) The facility’s ability to meet the

child’s needs;

      (b) The facility’s location in relation

to the parent’s home;

      (c) The parent’s involvement with the

child and their means of transportation;

      (d) The permanency goal for the child;


      (e) The cost of services is comparable to

similar in-state services, when available.

      (2) Exceptions to in-state placement may

be made pursuant to KRS 199.680(1)(a)and (b).

      (3) No child shall be placed in an

out-of-state facility until the protection and permanency staff verify that:

      (a) The facility is licensed by, and in

good standing with, licensing authorities in the state in which the facility is


      (b) Contact is made with the social

service personnel in the state where the facility is located to assess the

facility’s reputation and the quality of care.

      (4) The commissioner or his designee

shall approve the placement of children in out-of-state facilities.

      (5) The placement of children in

out-of-state facilities shall comply with the Interstate Compact on Placement

of Children, pursuant to KRS 615.030.

      (6) The Department for Community-Based

Services shall provide verification of the search for an in-state placement to

the Department for Medicaid Services’ Peer Review Organization for each

Medicaid eligible child, prior to the Peer Review Organization’s determination

of medical necessity.

      (7) Through the Interstate Compact on

Placement of Children, the Department for Community-Based Services shall

request courtesy supervision for each child placed in an out-of-state facility.

The department shall also request a report every six (6) months as a result of

the courtesy supervision.


      Section 2. Facility Staff Participation

in Case Planning. Individuals designated by the facility where the child is

placed shall be invited to participate in the case planning conferences, either

in person or by telephone conferencing. The permanency hearing for the child

shall assess whether the out-of-state placement continues to meet the needs of

the child according to the established case plan. (25 Ky.R. 2246; eff. 5-19-99;

Recodified from 905 KAR 1:370, 6-3-99.)