CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Protection and Permanency
(As Amended at ARRS, October 13, 2015)
922 KAR 1:495.
Training requirements for foster parents, adoptive parents, and respite care
providers for children in the custody of the cabinet.
RELATES
TO: KRS 61.870, 158.135(1)(c), 194A.005(1), 199.011(9), 199.464, 199.640,
311.720(9), 311.840(3), 314.011(5), (7), 600.020, 620.360. 45 C.F.R. Parts 160,
164, 42 U.S.C. 671(a),[(24), 42 U.S.C.] 675
STATUTORY
AUTHORITY: KRS 194A.050(1), 199.472, 199.640(5), 605.100(1), 605.150(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 to operate the programs and fulfill the responsibilities vested in
the cabinet. KRS 199.472 authorizes the cabinet to promulgate administrative
regulations to establish the process of determining an applicant’s capacity for
adoptive parenthood. KRS 199.640(5)(a) requires the Secretary of the Cabinet
for Health and Family Services to promulgate administrative regulations
establishing basic standards of care and service for child-caring facilities
and child-placing agencies. KRS 605.100(1) requires the cabinet to arrange
programs designed to provide for classification, segregation, and specialized
treatment of children according to their respective problems, needs, and
characteristics. KRS 605.150(1) authorizes the cabinet to promulgate
administrative regulations to implement the provisions of KRS Chapter 605. In
addition, 42 U.S.C. 671(a)(24) includes a certification that, before a child in
foster care under the responsibility of the state is placed with prospective
foster parents, the prospective foster parents will be prepared adequately with
the appropriate knowledge and skills to provide for the needs of the child, and
that such preparation will be continued, as necessary, after the placement of
the child. This administrative regulation establishes minimum training
requirements for foster parents, adoptive parents, and respite care providers
caring for foster or adoptive children in the custody of the cabinet.
Section
1. Definitions. (1) "Adoptive parent" means an individual who is
seeking to adopt a child placed in the custody of the cabinet.
(2)
"Applicant" means an individual or family, subject to approval by the
cabinet, or by a private child-placing agency, as a foster or adoptive home.
(3)
"Cabinet" is defined by KRS 194A.005(1) and 600.020(6).
(4)
"Care Plus" means a foster care program for a child who is determined
to have specialized care needs as specified in 922 KAR 1:350, Section 5.
(5)
"Foster home" means:
(a)
A "foster family home" as defined by KRS 199.011(9) and 600.020(28),
if referring to a physical structure; or
(b)
If referring to an individual, any individual approved as a foster parent by:
1.
A child-placing agency in accordance with 922 KAR 1:310; or
2.
The cabinet in accordance with 922 KAR 1:350.
(6)
"Health professional" means a person actively licensed as a:
(a)
Physician as defined by KRS 311.720(9);
(b)
Physician[Physician’s] assistant as defined by KRS
311.840(3);
(c)
Advanced practice registered nurse as defined by KRS 314.011(7); or
(d)
Registered nurse as defined by KRS 314.011(5) under the supervision of a
physician.
(7)[(6)]
"Medically complex" means a foster care program for a child who is
determined to have a medical condition as specified in 922 KAR 1:350, Section
4.
(8)[(7)]
"Professional experience" means paid employment or volunteer work in
a setting where there is supervision or periodic evaluation.
(9)[(8)]
"Reasonable and prudent parent standard" is defined by 42 U.S.C. 675(10).
(10)[(9)]
"Respite care" means temporary care provided by another individual or
family:
(a)
To provide relief to a foster or adoptive parent approved in accordance with
922 KAR 1:310 or 922 KAR 1:350; and
(b)
With the expectation of a child’s return to the current foster or adoptive
home.
(11)[(10)]
"Therapeutic foster care" is defined by KRS 158.135(1)(c).
(12)[(11)]
"Trauma informed care" means training developed using an
organizational strengths-based framework to recognize and respond to the impact
of traumatic stress on children, caregivers, and service providers with a goal
to facilitate and support the recovery and resiliency of the child and family.
Section
2. General Training Requirements. (1) The purpose of the foster or adoptive
parent training shall be to:
(a)
Orient the applicant to the philosophy and process of the foster care or
adoption programs;
(b)
Develop greater self-awareness on the part of the applicant to determine
strengths and needs;
(c)
Sensitize the applicant to the kinds of situations, feelings, and reactions
that are apt to occur with a child in the custody of the cabinet;
(d)
Effect behavior so that an applicant may better fulfill the role as a foster or
adoptive parent to a child; and
(e)
Emphasize:
1.
Self-evaluation; and
2.
Experiential learning[through:
a.
Participation in small group exercises; and
b.
Discussion with experienced foster parents].
(2)(a)
A foster or adoptive parent applicant shall complete a minimum of fifteen (15)
hours of curricula in the following topic areas:
1.
Information about the rights, responsibilities, and expectations of a foster or
adoptive parent;
2.
The importance of birth parents and culture;
3.
The process of a child entering foster care;
4.
Types of child maltreatment;
5.
Impact of childhood trauma;
6.
Stages of grief;
7.
Long term effects of separation and loss;
8.
Permanency planning for a child, including independent living for transitioning
youth;
9.
Importance of attachment on a child’s growth and development and the way a
child maintains and develops a healthy attachment;
10.
Family functioning, values, and expectations of a foster or adoptive home;
11.
Cultural competency;
12.
Emergency preparedness;
13.
Child development;
14.
Basic discipline and behavior management skills; and
15.
Reasonable and prudent parent standard[; and
16.
Supporting independent living skills].
(b)
Beginning[Effective] July 1, 2016, training
curricula specified in paragraph (a) of this subsection shall be:
1.
Provided by the cabinet; or
2.
Approved by the
cabinet in accordance with Section 8 of this administrative regulation.
(c)
Unless justification is documented pursuant to paragraphs (d) and (e) of
this subsection, foster or adoptive parent training for placement of a child in
the custody of the cabinet shall be completed in a group setting by each adult
who resides in the household and may provide routine care to a child in the
custody of the cabinet.
(d)
A justification to provide foster or adoptive parent training other than in a
group setting pursuant to paragraph (c) of this subsection shall:
1.
Include the circumstance, which prevents the foster or adoptive parent training
from occurring in a group setting; and
2.
Be documented utilizing the DPP-113, Request for Applicant or Adult Household
Member to Attend Individualized Training.
(e)
A justification completed in accordance with paragraph (d) of this subsection
shall be placed in the foster or adoptive parent’s case file.
(f)
An applicant shall not receive more than eight (8) hours of individualized
training during a twenty-four (24) hour period[Unless an exception is
approved pursuant to paragraph (d) of this subsection, foster or adoptive parent training for
placement of a child in the custody of the cabinet shall be completed in a
group setting by each adult who resides in the household and may provide
routine care to a child in the custody of the cabinet.
(d)
An exception to group foster or adoptive parent training requirements provided
within paragraph (c) of this subsection may be requested:
1.
Due to a scheduling conflict involving work, military service, or extraordinary
circumstance, which prevents foster or adoptive parent training in a group
setting; and
2.
Utilizing the DPP-113, Request for Applicant or Adult Household Member to
Attend Individualized Training, with submission to designated cabinet staff who
shall issue a decision within five (5) business days.
(e)
If an exception is approved in accordance with paragraph (d) of this
subsection, the foster or adoptive parents shall complete a curriculum approved
by the cabinet].
(3)
In addition to initial training requirements in subsection (2)(a) of this
section, a foster or adoptive parent applicant shall complete the following
electronic courses provided by the cabinet prior to approval:
(a)
Pediatric Abusive Head Trauma;
(b)
First Aid and Universal Precautions;
(c)
Medication Administration; and
(d)
Medical Passports.
(4)
First aid certification may substitute for the training requirement provided
within subsection (3)(b) of this section if the foster or adoptive parent applicant
provides documentation of current certification.
Section
3. General Annual Training Requirements. (1) Prior to or during the
month of the second anniversary date[second anniversary
month] of a foster or adoptive parent’s initial approval, the
foster or adoptive parent shall complete a minimum of thirty (30) hours of
training in the following areas:
(a)
Trauma informed care curriculum provided or approved by the cabinet in accordance with Section 8 of this
administrative regulation;
(b)
Psychotropic medications curriculum provided by the cabinet;
(c)
Sexual abuse curriculum provided or approved by the cabinet in accordance with Section 8 of this
administrative regulation; and
(d)
Behavior management and skill development.
(2)
If a private child-placing agency provides training in accordance with
subsection (1) of this section prior to a foster or adoptive home’s approval,
the thirty (30) hours shall be in addition to the fifteen (15) hours of
pre-service training required by Section 2(2) of this administrative
regulation.
(3)
A foster or adoptive home approved prior to the adoption of this administrative
regulation shall complete the training described in subsection (1) of this
section within two (2) years of the effective date of this administrative
regulation.
(4)
If training requirements of subsections (1) through (3) of this section are
met, a foster or adoptive parent shall complete the following prior to or
during each subsequent anniversary of the foster or adoptive parent’s initial
approval:
(a)
Ten (10) hours of private child-placing agency or cabinet-sponsored training related to knowledge or skills relevant to
foster parenting, or training approved in advance by the private
child-placing agency or the cabinet; and
(b) If applicable, training as
specified in Section 2(3)(a) of this administrative regulation once every five
(5) years in accordance with KRS 199.464.
(5)
A foster or adoptive parent shall complete training regarding the reasonable
and prudent parent standard in accordance with 42 U.S.C. 671(a) and Section
2(2)(a)15 of this administrative regulation within one (1) year of the
effective date of this administrative regulation[(a) Prior to the first
anniversary month of a foster or adoptive parent’s initial approval, the foster
or adoptive parent shall complete a minimum of twelve (12) hours of annual
training.
(b)
Prior to the second anniversary month of a foster or adoptive parent’s initial
approval, the foster or adoptive parent shall complete a minimum of thirty (30)
hours of training, which includes all hours completed in accordance with
paragraph (a) of this subsection.
(c)
With the exception of subparagraph 2 of this paragraph which shall be provided
by the cabinet, the training prescribed in paragraphs (a) and (b) of this
subsection shall be curricula provided or approved by the cabinet in the
following areas:
1.
Trauma informed care;
2.
Psychotropic medications;
3.
Sexual abuse; and
4.
Behavior management and skill development.
(2)
Prior to or during the month of the third anniversary of the foster or adoptive
parent’s initial approval and each subsequent year thereafter, the foster or
adoptive parent shall complete ten (10) hours of:
(a)
Private child-placing agency or cabinet-sponsored training, or training approved
in advance by the private child-placing agency or the cabinet; and
(b)
Training as specified in Section 2(3)(a) of this administrative regulation
which shall be completed once every five (5) years].
Section
4. Medically Complex Foster Parent Training Requirements. (1) In addition to
the general training requirements specified in Section 2 of this administrative
regulation and annual training requirements specified in Section 3 of this
administrative regulation, a medically complex foster parent applicant shall:
(a)
Complete twelve (12) hours of cabinet-provided medically complex training in
the following topic areas specific to children with medical complexity:
1.
Growth and development;
2.
An overview of procedures and techniques which may be utilized to provide care;
3.
Observation and assessment;
4.
Management of diet and environment;
5.
Documentation of provided care;
6.
Parenting skills; and
7.
Permanency planning; and
(b)
Hold a current certification in infant, child, and adult CPR and first aid.
(2)
Prior to or during the anniversary month of the foster parent’s initial
approval as a foster parent and annually thereafter, an approved
medically complex foster parent shall:
(a)
Meet the requirements in subsection (1)(b) of this section;
(b)
Complete the annual training requirements as specified in Section 3[3(1)
and (2)] of this administrative regulation; and
(c)
Complete twelve (12) hours of ongoing cabinet-provided training related to the
care of children with medical complexity.
(3)
Professional experience related to the care of a child with medical complexity
may substitute for the initial and annual medically complex training
requirements specified in subsections[subsection]
(1)(a) and (2)(c) of this section if approved by designated cabinet
staff based on the foster or adoptive parent:
(a) Being[Upon
the approval of designated cabinet staff; and
(b)
If the foster or adoptive parent:
1.
Is] a health professional; and
(b)
Having[2. Has] completed twelve
(12) hours of continuing education
focusing on pediatrics within the past year
that will assist the parent in the care of a child with medical complexity.
Section
5. Therapeutic Foster Care Training Requirements. (1) In addition to the
general training requirements specified in Section 2 of this administrative
regulation and annual training requirements specified in Section 3 of this
administrative regulation, a therapeutic foster care applicant in accordance
with 922 KAR 1:310 shall complete twelve (12) hours of private agency-sponsored
training or training approved in advance by the child-placing agency in the
following topic areas:
(a)
Specific requirements and responsibilities of a therapeutic foster care home;
(b)
Crisis intervention and behavior management;
(c)
De-escalation techniques;
(d)
Communication skills;
(e)
Skill development;
(f)[Cultural
competency;
(g)] The dynamics of a child who has experienced sexual
abuse or human trafficking; and
(g)[(h)] The effect of substance use, abuse, or dependency by
either the child or the child’s biological parent.
(2)[Prior
to or during the anniversary month of the foster parent’s initial approval as a
foster parent,] An approved therapeutic foster parent shall:
(a)
Complete the annual training requirements as specified in Section 3[3(1)
and (2)] of this administrative regulation; and
(b)
Prior to or during the anniversary month of the foster parent’s initial
approval as a foster parent and annually thereafter, complete twelve
(12) hours of private agency-sponsored training or training approved in advance
by the private agency in topic areas relevant to
therapeutic foster care[the topic areas described in subsection
(1) of this section].
(3)
A therapeutic foster care applicant may concurrently complete general training
requirements as specified in Section 2 of this administrative regulation and
training requirements established in subsection (1) of this section.
Section
6. Care Plus Training Requirements. (1) In addition to the general training
requirements specified in Section 2 of this administrative regulation and
annual training requirements specified in Section 3 of this administrative
regulation, a care plus applicant in accordance with 922 KAR 1:350 shall
complete twelve (12) hours of cabinet-sponsored training or training approved
in advance by the cabinet in the following topic areas:
(a)
Specific requirements and responsibilities of a care plus foster home;
(b)
Crisis intervention and behavior management;
(c)
De-escalation techniques;
(d)
Communication skills;
(e)
Skill development;
(f)
Cultural competency;
(g)
The dynamics of a child who has experienced sexual abuse or human trafficking;
and
(h)
The effect of substance use, abuse, or dependency by either the child or the
child’s biological parent.
(2)[Prior
to or during the anniversary month of the foster parent’s initial approval as a
foster parent,] An approved care plus foster parent shall:
(a)
Complete the annual training requirements as specified in Section 3[3(1)
and (2)] of this administrative regulation; and
(b)
Prior to or during the anniversary month of the foster parent’s initial
approval as a foster parent and annually thereafter, complete twelve
(12) hours of ongoing cabinet-sponsored training or training approved in
advance by the cabinet prior to or during the anniversary month of initial
approval as a foster parent in the topic areas described in subsection (1) of
this section.
Section
7. Respite Care Providers. If a respite provider is not approved as a foster or
adoptive parent in accordance with 922 KAR 1:350 or 922 KAR 1:310, prior to
initial approval as a respite care provider, the individual shall complete a
minimum of two (2) hours of cabinet or private child-placing agency
provided[cabinet-provided electronic] curriculum including
an overview of the department and the policies and procedures of the agency
related to the care of the child.
Section
8. Preapproval of[General
or Annual] Training Curricula. (1) If a private child-placing agency
intends to offer curricula other than curricula provided by the cabinet as
specified in Sections 2(2) or 3(1)[3(1)(c)] of this
administrative regulation, the private child-placing agency shall submit its
curricula to the cabinet or its designee for consideration.
(2)
The cabinet shall approve curricula that are:
(a)
Comparable in content to curricula provided by the cabinet; or
(b)
Recognized evidence-based practices.
(3)
The cabinet shall make a determination:
(a)
Within thirty (30) calendar days; or
(b)
As a part of the child-placing agency’s initial application to
provide services to a child in the custody of the cabinet[in accordance
with 922 KAR 1:360].
Section
9. Incorporation by Reference. (1) "DPP-113, Request for Applicant or
Adult Household Member to Attend Individualized Training", 11/15[10/15],
is incorporated by reference.
(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.
TERESA
C. JAMES, LCSW, Commissioner
AUDREY
TAYSE HAYNES, Secretary
APPROVED
BY AGENCY: September 9, 2015
FILED
WITH LRC: September 11, 2015 at 3 p.m.
