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
(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.)