920 KAR 2:040. Standards for children’s advocacy
centers.
RELATES TO: KRS Chapter 13B, 17.165, 314.011(14),
314.142, 431.600, 620.020, 620.045, 620.050
STATUTORY AUTHORITY: KRS 194A.050(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary for the Cabinet for Health
and Family Services to promulgate administrative regulations necessary under
applicable state laws to protect, develop, and maintain the welfare, personal
dignity, integrity, and sufficiency of the citizens of the Commonwealth and to
operate the programs and fulfill the responsibilities of the cabinet. To be
eligible for grants from state government entities, KRS 620.045(2) requires
children's advocacy centers to comply with the statutory definition established
in KRS 620.020(4) and administrative regulations promulgated by the cabinet.
This administrative regulation establishes staff qualifications and program
standards for children's advocacy centers.
Section 1. Definitions. (1) "Governing
board" or "board" means the board of directors vested with the
legal responsibility for management of the children’s advocacy center.
(2) "Mental health discipline" means:
(a) Art therapy in accordance with KRS 309.130 to
309.1399;
(b) Marriage and family therapy in accordance
with KRS 335.300 to 335.399;
(c)
Professional counseling in accordance with KRS 335.500 to 335.599;
(d) Psychiatric nursing in accordance with KRS
202A.011(12)(d);
(e) Psychiatry in accordance with KRS
202A.011(12)(b);
(f) Psychology in accordance with KRS Chapter
319; and
(g) Social work in accordance with KRS 335.010 to
335.170.
(3) "Referral agreement" means a
written protocol or process (defined within the operating policies of the
center) that details how those services required by Section 4 of this
administrative regulation that the center does not have the capacity to provide
are established for clients of the center.
(4) "Regional children's advocacy
center" or "center" means an agency defined by KRS 620.020(4)
and designated by the cabinet to serve as the regional children's advocacy
center, in accordance with KRS 620.045(1).
Section 2. Governing Board of Directors. (1) A
center shall be managed by a governing board in order to allow community involvement
in the planning, development, and evaluation of services.
(2) A governing board shall adopt written bylaws.
The bylaws shall include the:
(a) Purpose of the agency;
(b) Minimum and maximum number of board member
positions;
(c) Qualifications for board members;
(d) Method of selecting board members;
(e) Terms of board members;
(f) Officers and duties;
(g) Method of election of officers and
chairpersons;
(h) Quorum requirements for meetings of the
board; and
(i) Method for removal of directors.
(3) The duties of the board shall be to:
(a) Schedule meetings of the board to be held at
least six (6) times per state fiscal year;
(b) Maintain minutes of each meeting of the board
containing:
1. The date and place of the meeting;
2. Names of board members present;
3. The subject matter discussed and actions
taken; and
4. The name of the reporter;
(c) Establish standing committees of the board to
include executive, nominating, finance, and personnel committees;
(d) Establish restrictions on reimbursement of
board members including the prohibition against a member contracting with the
board to perform personal or professional services; and
(e) Ensure that the facility housing the center
is properly clean, maintained, private, and child-friendly.
(f) Recruit and maintain board members who
provide broad regional representation of the Area Development District where
the center is located.
Section 3. Personnel Management. (1) A personnel
file shall be maintained by the center for each employee.
(2) The minimum contents of the personnel file
shall include:
(a) Current professional credentials to reflect
training and experience adequate for qualification for the position to which
the employee is hired;
(b) Conditions or terms of employment that shall
include a confidentiality statement signed by the employee;
(c) A personnel action document reflecting a
change in status of an employee, such as salary change, promotion, resignation,
or termination;
(d) A position description document including
title of the position, description of duties, and requirements of training and
experience necessary to qualify for the position; and
(e) Results from a criminal records background
and central registry check conducted in accordance with KRS 17.165 and 922 KAR
1:470 on the employee during the application process and every two (2) years
thereafter while employed by the center.
(3) Written personnel policies shall be
established by the center and shall include:
(a) Attendance and leave policies;
(b) Compensation plan;
(c) Hiring, disciplinary, and firing practices;
(d) Staff development and continuing education
provisions;
(e) Employee grievance procedures;
(f) Employee performance evaluations;
(g) Equal opportunity employment statements;
(h) Staff screening; and
(i) Staff training and orientation.
(4) The governing board shall employ one (1)
staff person as executive director of the children’s advocacy center. The
executive director shall:
(a) Be responsible for financial management of
the center, including budgets and grant writing;
(b) Supervise the duties and activities of center
staff and volunteers;
(c) Coordinate the design and delivery of
services;
(d) Fulfill duties as required by the governing
board;
(e) Report directly to the board on all center
activities;
(f) Have a master's degree from an accredited
college or university and three (3) years of experience in a:
1. Human services;
2. Management; or
3. Criminal justice field; and
(g) Affirm a commitment to the welfare and
protection of children.
(5)(a) A governing board may establish the staff
positions specified in subparagraphs 1 through 5 of this paragraph.
1. Child advocate. A child advocate shall have a
bachelor’s degree from an accredited college or university and two (2) years of
experience in a human services or criminal justice field.
2. Therapist. A therapist shall:
a. Have a doctorate or master's degree from an
accredited college or university in a mental health discipline and two (2)
years postdegree counseling or clinical experience; and
b. Possess a certificate or license to practice
under the laws of the Commonwealth of Kentucky in a mental health discipline.
3. Forensic interviewer. A forensic interviewer,
if employed by the center, shall meet the qualifications of the therapist
position specified in subparagraph 2 of this paragraph and shall have three (3)
years of experience interviewing children.
4. Multidisciplinary team facilitator. A
multidisciplinary team facilitator shall have a bachelor's degree from an accredited
college or university and two (2) years of experience in a human services or
criminal justice field.
5. Other staff necessary to support the
administration or service delivery of the agency.
(b) The qualifications established in paragraph (a)1-4
of this subsection shall not apply to center staff hired prior to December 17,
2007.
(c) Within three (3) months of employment, staff
providing direct services to a child shall have received twenty-four (24) hours
of training on issues related to child abuse.
(d) Within three (3) months of beginning service,
a center volunteer who has access to or contact with a child shall have
received twenty-four (24) hours of training on issues related to child abuse.
(e) An employee of a center shall receive at
least eight (8) hours of the training required by paragraph (c) of this subsection
before providing services to a child.
(f) A center volunteer who has access to or
contact with a child shall receive at least eight (8) hours of training
required by paragraph (d) of this subsection before providing services at the
center.
(g) A center contracting for direct services to a
child by a professional not on the staff of the center shall document that the
professional meets the qualifications outlined in this section. An agreement
for provision of service shall be on file at the center, and shall specify the
qualifications of the staff.
(h) An employee of a children’s advocacy center
shall be at least twenty-one (21) years of age.
(i) An applicant for employment shall submit to a
criminal records check in accordance with KRS 17.165. during the application
process and every two (2) years thereafter while employed by the center.
(j) A center volunteer who has access to or
contact with a child shall submit to a criminal records check in accordance
with KRS 17.165 prior to beginning service to the center and every two (2) year
thereafter while service is being provided to the center.
(k) An employee of a center under indictment or
legally charged with a violent or sex crime as defined in KRS 17.165 shall be
immediately removed from contact with children in the center until the employee
is cleared of the charge.
(l) A center volunteer under indictment or
legally charged with a violent or sex crime as defined in KRS 17.165 shall be
immediately removed from contact with children in the center until the center volunteer
is cleared of the charge.
(m) An employee or designated agent shall have
immunity from civil liability and shall be provided a defense in civil actions
pursuant to KRS 620.050(2).
Section 4. Center Services and Responsibilities. (1)
A center shall:
(a) Provide:
1. Advocacy services;
2. Counseling services;
3. Clinical services;
4. Forensic interviewing;
5. Multidisciplinary team facilitation;
6. Medical examination services; and
7. Consultation and education services; or
(b) Develop a referral agreement to refer clients
to a provider of the services listed in paragraph (a)1 through 7 of this subsection.
(2) Advocacy services assist child victims and
their nonoffending caregivers and may include:
(a) Accompaniment to court or court-related meetings;
(b) Case management services; or
(c) Information and referral services.
(3) Counseling services may include:
(a) A crisis telephone line;
(b) Crisis counseling services; and
(c) Support group services.
(4)(a) Clinical services may include:
1. Mental health screening;
2. Mental health evaluation;
3. Individual therapy services for a child and
nonoffending caretaker and family; or
4. Group therapy services for a child and
nonoffending caretaker;
(b) Clinical services shall be provided by a
professional who meets the requirements of Section 3(5)(a)2 of this administrative
regulation.
(5) Forensic interviewing includes structured
interviews with a child for the purpose of facilitating a criminal investigation
and may be provided on site at the center by:
(a) The center staff forensic interviewer in
accordance with Section 3(5)(a)(3) of this administrative regulation;
(b) A law enforcement officer; and
(c)A family service worker who is employed by the
cabinet.
(6) A child’s recorded interview shall not be
duplicated except in accordance with KRS 620.050(10).
(7) Multidisciplinary team facilitation may
include:
(a) Scheduling of meetings;
(b) Case tracking;
(c) Case review; or
(d) Data collection.
(8)(a) Except as provided by paragraph b of this
subsection, medical examination services shall be provided in accordance with
907 KAR 3:160 by a licensed physician with pediatric experience and expertise
in the evaluation and treatment of child abuse.
(b) Medical examination services may be provided
by a sexual assault nurse examiner certified in accordance with KRS 314.011(14)
and 314.142 if the child is fourteen (14) years of age or older.
(c) If a medical exam is conducted by the center
staff or a contractor, a mental health screening by a qualified mental health
provider shall be provided:
1. Within twenty-four (24) hours of the medical
exam; or
2. If the medical exam will be billed to
Medicaid, the same day and at the same location as the medical exam, in accordance
with Section 907 KAR 3:160, Section 1(1)(d).
(9)(a) Consultation and education services may include:
1. School-based prevention programs;
2. Community education programs;
3. Media presentations;
4. In-service training; or
5. Case consultation services.
(b) A center shall provide a minimum of one (1)
training session per year for community partners or the community at large.
(10) In addition to providing services to
children in the county in which the center is located, regional center staff
shall serve:
(a) Children in other counties in the area
development district, including those who need medical examinations or forensic
interviewing services; and
(b) As a technical assistant and consultation
resource to criminal justice and human service professionals in the area
development district in which the center is located.
(11) Services provided by a center shall be
coordinated with multidisciplinary teams as defined in KRS 431.600 and 620.020.
(12) A center shall provide written policies and
procedures for clients and volunteers that include:
(a) Volunteer screening;
(b) Volunteer training and orientation;
(c) Grievance procedures for clients and
volunteers;
(d) Safety;
(e) Clients of the center;
(f) Client records;
(g) Intake;
(h) Comprehensive child sexual abuse examinations;
(i) Therapy;
(j) Forensic interviews; and
(k) Mandatory reporting of child and adult abuse.
(13) A center shall provide to the nonoffending
caregiver written instructions that include;
(a) The name and contact information for the
center;
(b) The name of the DCBS staff member involved in
the case;
(c) The names of law enforcement personnel
handling the case;
(d) The name and contact information for the
County or Commonwealth Attorney involved in the case;
(e) The name and contact information for the
receiving medical provider if a referral for additional assessment or treatment
is made;
(f) The name and contact information for the
receiving mental health provider if a referral for additional assessment or
treatment is made; and
(g) Any known information regarding follow-up
appointment times and recommended after-care referrals.
(14) A center shall develop and maintain written
confidentiality policies and procedures to ensure client privacy as provided in
Kentucky Rules of Evidence 506 and 507.
(15) A center shall develop and maintain written
policies to limit disclosure of confidential information pursuant to KRS
620.050(5).
(16) A center shall maintain good standing as a
private, nonprofit agency within the Commonwealth of Kentucky.
(17)(a) A center shall obtain the following
insurance coverage:
1. Malpractice insurance for the center staff,
Board of Directors, and volunteers;
2. Liability insurance for the center staff, Board
of Directors, and volunteers;
3. Fidelity bonding;
4. Facility insurance; and
5. Workers compensation insurance.
(b) If contracted professionals provide their own
insurance and are not covered by the center, the center shall maintain documentation
that shows an active and appropriate policy.
(c) The center shall submit documentation showing
proof of insurance to the cabinet.
Section 5. Client Files and Documentation. (1) A
center shall open a client file for a child who is provided a service, excluding
service that is limited to a telephone conversation.
(2) A client file shall include information
sufficient to document the services provided or referral made by the center and
shall include:
(a) The names of the client and primary
caregiver;
(b) The name of the recipient of service;
(c) The client’s address;
(d) The client’s date of birth;
(e) Each date of service provided by the center;
(f) The name and title of each service provider
of the center;
(g) A description of any services provided by the
center;
(h) The referral sources used;
(i) A description of any follow-up services
provided; and
(j) Descriptions of contacts with, report to, and
referrals from the Department for Community Based Services and law enforcement
agency.
(3)(a) A center shall maintain a system for
tracking:
1. Services rendered by region, except that
comprehensive medical services and forensic interviewing shall be tracked by
county of the client’s residence;
2. Clients seen by county of client’s residence;
3. Referrals made; and
4. Contacts with other community agencies on
behalf of clients.
(b) Documentation shall be sufficient to support
statistics reported to the cabinet.
Section 6. Funding. (1)(a) The cabinet shall
designate one (1) regional children’s advocacy center in each area development
district.
(b) Any designation as a regional children's
advocacy center shall terminate on June 30, 2007. Children's Advocacy Centers
designated on or after July 1, 2007 shall retain the designation unless it has
been rescinded by the cabinet based on periodic review of the center's
performance or the annual plan and budget submitted by the center to the
cabinet for funding for the next fiscal year.
(c) The cabinet shall notify the Office of the
Attorney General, the Department for Medicaid Services, and the Justice and
Public Safety Cabinet of any designation of a regional children's advocacy
center made pursuant to this administrative regulation.
(2) The requirements of this administrative
regulation shall not prohibit the center from applying for nongovernmental
grants or fundraising to support efforts consistent with the mission of the center.
(3)(a) In addition to the provisions of
subsection 1(b) of this Section, the Commissioner of the Department for Human
Support Services may rescind the designation of a center if a determination is
made that the center failed to:
1. Submit a budget and plan for services which
shall substantiate the capacity to provide services specified in KRS 620.020(4)
and in accordance with this administrative regulation;
2. Operate in accordance with a budget and plan
for services approved by the cabinet; or
3. Operate in accordance with the requirements of
this administrative regulation.
(b) Any notice of rescission of a designation shall:
1. Be in writing;
2. Be mailed to the center's last known mailing
address;
3. State the basis for the rescission;
4. State the effective date of the rescission;
and
5. State any appeal rights.
(c) The cabinet shall notify the Office of the
Attorney General, the Department for Medicaid Services, and the Justice and
Public Safety Cabinet of any notice of rescission of a designation of a regional
children's advocacy center issued pursuant to this administrative regulation.
Failure by the cabinet to provide such notice shall not serve as grounds for
the affected center to invalidate the notice of rescission.
(4) Cabinet funding for a center shall be
contracted through the regional center. The cabinet shall send a designated
center the proposed contract for services for the following year. A center
shall have ten (10) working days after receipt to sign and return the contract
to the cabinet.
(5) A center may contract or establish referral
agreements with other agencies or professionals to provide services as defined
within Section 4 of this administrative regulation.
(6)(a) Except in cases where designation has
terminated, as set forth in subsection 1(b) of this Section, a center that has
received written notice its designation has been rescinded may appeal the
determination of the Commissioner of the Department for Human Support Services
by requesting an administrative hearing.
(b) Any request for an administrative hearing
shall be in writing and shall be received by the Department for Human Support Services
within thirty (30) days of the date of receipt of the notice of rescission. Any
such request shall be sent to the Office of the Commissioner, Department for
Human Support Services, Cabinet for Health and Family Services, 275
East Main Street, 3rd Floor, Frankfort, Kentucky 40621.
(c) Any administrative hearing held pursuant to
this administrative regulation shall be conducted in accordance with KRS
Chapter 13B by a hearing officer employed by the cabinet.
(d) A request for an administrative appeal shall
stay the rescission of the designation until the administrative appeal process
is final.
(e) The stay on the rescission of the designation
granted by Section 6(6)(d) in this administrative regulation shall not extend
to judicial review, unless a stay is granted pursuant to KRS 13B.140(4).
Section 7. Audit and Monitoring. (1) The cabinet
or its agent shall randomly, or upon receipt of a complaint, audit, monitor, or
conduct program reviews of a center.
(2) A center shall allow the cabinet or its agent
access to its property and records as required by subsection (1) of this section.
Section 8. Grievance and Appeals Process. (1)
Client grievances. A center shall establish a written grievance procedure that
shall:
(a) Be given to the parent or guardian of each
child who comes to the center for services; and
(b) Contain a description of the services
provided by the center and the procedure for filing a client grievance.
(2) A center shall inform the parent or guardian
in writing of the child’s appeal process described in 922 KAR 1:320. (28 Ky.R.
1540; Am. 1884; eff. 2-7-2002; 29 Ky.R. 1417; 1825; eff. 1-15-2003; Recodified
from 922 KAR 1:440, 4-4-2007; 34 Ky.R. 140; 800; 1494; eff. 12-17-2007; TAm
eff. 3-28-2008.)
