922 KAR 1:310. Standards for
child-placing agencies.
RELATES TO: KRS 2.015, 17.165, 17.500(8),
158.135(1)(c), 194A.060, 199.011, 199.430(3), 199.470, 199.492, 199.493,
199.510, 199.520, 199.570, 199.572, 199.590, 199.640, 199.645, 199.650-199.670,
216.300, 273.161(7), 311.720(9), 311.840(3), 314.011(5), (7), (9), 503.110(1),
527.100, 527.110, 600.020, 605.090(1), 610.110(6), 615.010-615.990, 620.030,
620.090(2), 620.140(1)(d), 620.230(3), Chapter 625, 16 C.F.R. 1508 and 1509, 45
C.F.R. Parts 160, 164, 1355.34, 8 U.S.C. 1151,
42 U.S.C. 671(a)(23), 42 U.S.C. 677(a)(1)-(6), 14901-14954
STATUTORY AUTHORITY: KRS 194A.050(1),
199.640(5)(a), 605.150(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
194A.050(1) requires the Secretary of the Cabinet for Health and Family
Services to promulgate, administer, and enforce those 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. 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 605.150(1) permits the cabinet to promulgate administrative
regulations to implement the provisions of KRS Chapter 605. This administrative
regulation establishes basic standards for child-placing agencies.
Section 1. Definitions. (1)
"Adequate supervision" means adult oversight of a child’s activities
with consideration of the child’s past and current:
(a) Incidents;
(b) High risk behaviors; and
(c) Needs.
(2) "Adoption" means the legal
process by which a child becomes the child of a person or persons other than
biological parents.
(3) "Aftercare" means services
provided to the child after discharge from a child-placing agency.
(4) "Applicant" means an
individual or a family subject to approval by the child-placing agency as a:
(a) Foster home; or
(b) Adoptive home.
(5) "Board of directors" is
defined by KRS 273.161(7).
(6) "Case management" means a
process whereby a state agency or child-placing agency assesses the
individualized needs of a child or family, arranges for the provision of
services, and maintains documentation of actions and outcomes.
(7) "Child" is defined by KRS
199.011(4) and 600.020(8) and may include:
(a) A person age eighteen (18) or older
whose commitment to the cabinet has been extended or reinstated by a court in
accordance with KRS 610.110(6) or 620.140(1)(d); or
(b) A child who meets the exceptions to
the age of majority in accordance with KRS 2.015.
(8) "Child-placing agency" is
defined by KRS 199.011(7).
(9) "College or university"
means:
(a) An institution accredited by one (1)
of the eleven (11) regional accrediting organizations recognized by the U.S. Department
of Education, Office of Postsecondary Education;
(b) For a Kentucky institution, one that
is licensed by the Kentucky Council on Postsecondary Education or the Kentucky
Board for Proprietary Education; and
(c) For an out-of-state institution, one
that is licensed in its home state if licensure is required in that state.
(10) "Community resource" means
a service or activity available in the community that supplements those
provided by the child-placing agency in the care and treatment of a child.
(11) "Executive director" means
the person employed by the board of directors to be responsible for the overall
administration and management of a child-placing agency.
(12) "Foster home" means:
(a) A "foster family home" as
defined by KRS 199.011(9) and 600.020(26), if referring to a physical
structure; or
(b) Any individual approved as a foster
parent by the child-placing agency, if referring to an individual.
(13) "Home study" means an
assessment done on a prospective foster or adoptive home by a social services
worker.
(14) "Independent living
program" means a planned program that:
(a) Is licensed by the cabinet and
designed to teach a child age sixteen (16) or older life skills that enable a
child to become self-sufficient; and
(b) Meets requirements specified in
Section 17(1) of this administrative regulation.
(15) "Independent living
services" means services provided to an eligible child, as described in
Section 16 of this administrative regulation, to assist the child in the
transition from dependency of childhood to living independently.
(16) "Individual treatment
plan" or "ITP" means a plan of action developed and implemented
to address the needs of a child.
(17) "Licensed health care
professional" is defined by KRS 216.300(1).
(18) "Medically-fragile child"
means a child who is determined to have a medical condition as specified in 922
KAR 1:350.
(19) "Mental health treatment"
means services provided to an individual determined to have emotional, mental,
or behavioral problems.
(20) "Placement" means a foster
or adoptive home that has been approved by completing an application process,
home study and required preparation.
(21) "Program director" means
the person responsible for supervising the day-to-day operation of the program.
(22) "Respite care" means
temporary care provided by another individual or family to:
(a) Provide relief to a foster care parent,
therapeutic foster care parent, or medically-fragile foster parent; or
(b) Allow an adjustment period for the
child placed in out-of-home care.
(23) Sex crime is defined by KRS
17.500(8).
(24) "Social services" means a
planned program of assistance to help an individual move toward a mutual
adjustment of the individual and the individual's environment.
(25) "Social services worker"
means a person who meets the qualifications as specified in Section 2(4)(c) of
this administrative regulation.
(26) "Supervision Plan" means a
written supplement to a child’s ITP, developed pursuant to Section 6(7)(b)2 of
this administrative regulation, that details a child-placing agency’s roles and
responsibilities to assure adequate supervision of a child in the agency’s
care, including those roles and responsibilities delegated to a foster home
parent.
(27) "Therapeutic foster care"
is defined by KRS 158.135(1)(c).
(28) "Therapeutic services"
means clinical or supportive services provided to a child with severe emotional
or behavioral needs.
(29) "Treatment director" means
an individual who meets the qualifications as specified in Section 2(4)(d) of
this administrative regulation.
Section 2. Administration and Operation.
(1) Licensing procedures.
(a) Licensing procedures for a
child-placing agency shall be administered pursuant to 922 KAR 1:305.
(b) An independent living program shall
be an optional component of the child-placing agency's license.
(c) A child-placing agency shall obtain
accreditation within two (2) years of initial licensure or within two (2) years
of acquiring an agreement with the cabinet to provide private child care
services, whichever is later. Accreditation shall be from a
nationally-recognized accreditation organization, such as:
1. The Council on Accreditation; or
2. The Joint Commission on Accreditation
for Healthcare Organizations.
(2) Board of directors. The child-placing
agency shall have a board of directors, or an advisory board if the
child-placing agency is a privately-held for-profit organization, that shall:
(a) Consist of a minimum of seven (7)
members;
(b) Meet at least quarterly;
(c) Cause minutes of the meeting to be
taken and kept in written form;
(d) Be responsible for and have the
authority to ensure the continuing compliance with the requirements established
by this administrative regulation;
(e) Approve a mission statement
delineating the:
1. Purpose;
2. Objective;
3. Scope of services to be provided; and
4. Intake policy specifying the type of
child to be accepted for care;
(f) Hire, supervise, and annually
evaluate the executive director of the child-placing agency; and
(g) Delineate in writing the duties of
the executive director.
(3) Executive director.
(a) The executive director shall:
1. Be responsible for the child-placing
agency and its affiliates, pursuant to the child-placing agency's written
policies and procedures;
2. Oversee all aspects of the
child-placing agency; and
3. Report to the board, on a quarterly
basis, the following:
a. Evaluation of program services;
b. Measurement of attainment of the
objective established pursuant to subsection (2)(e)2 of this section;
c. Staff training; and
d. Incident reports.
(b) The criteria and process of the
evaluation required in paragraph (a)3a of this subsection shall be approved by
the board annually.
(c) If the executive director is not
available, a designated staff person shall be responsible for the day-to-day
operation of the child-placing agency.
(4) Staff qualifications.
(a) An executive director shall possess
the following qualifications:
1.a. A master's degree from a college or
university in any of the following human services fields:
(i) Social work;
(ii) Sociology;
(iii) Psychology;
(iv) Guidance and counseling;
(v) Education;
(vi) Religious education;
(vii) Business administration;
(viii) Criminal justice;
(ix) Public administration;
(x) Child-care administration;
(xi) Nursing;
(xii) Family studies; or
(xiii) Another human service field
related to working with families and children; and
b. Two (2) years of work experience in a
human services program; or
2.a. A bachelor's degree with a major in
a discipline designated in subparagraph 1 of this paragraph; and
(b) Four (4) years work experience in a
human services program.
(b) A licensed child-placing agency shall
have one (1) member of the social work staff designated as program director who
shall hold:
1. A master's degree from a college or
university in social work or in a discipline designated in paragraph (a)1 of
this subsection; or
2.a. A bachelor's degree from a college
or university in social work or in a discipline designated in paragraph (a)1 of
this subsection; and
b. At least two (2) years professional
experience in working with a child or family.
(c) A social services worker shall:
1. Be responsible for social work,
counseling or planning and coordinating services to a child; and
2. Hold at least a bachelor’s degree from
a college or university in social work or a human services field.
(d) A treatment director shall:
1. Oversee the day-to-day operation of
the treatment program;
2. Hold at least a master's degree from a
college or university in a human services discipline; and
3. Have at least five (5) years total
experience in mental health treatment, with a minimum of three (3) years
experience in mental health treatment of children with emotional or behavioral
disabilities and their families.
(e)1. A child-placing agency contracting
for the service of a social services worker not on the staff of the child-placing
agency shall obtain documentation that the social services worker meets the
qualifications in paragraph (c) of this subsection.
2. An agreement for this provision of
service shall be on file at the child-placing agency and shall specify the qualifications
of the social services worker.
(f) The program director shall supervise
social service staff.
(g) In a therapeutic foster care program,
a person meeting the qualifications of a treatment director shall carry out approval
and evaluation of services.
(h) Social services staff shall not carry
a caseload of more than twenty (20) children.
(5) Personnel policy.
(a) A child-placing agency shall have and
comply with written personnel policies and procedures.
(b) An employee shall:
1. Be at least eighteen (18) years of
age;
2. Submit to a criminal background check
in accordance with KRS 17.165 and a central registry check in accordance with
922 KAR 1:470; and
3. Submit to a new criminal background
check in accordance with KRS 17.165 and central registry check in accordance
with 922 KAR 1:470 once every two (2) years.
(c)1. If a substantiated allegation of
abuse, neglect, or exploitation of a child has been made against a person, a
child-placing agency shall not employ the person or allow the person to
volunteer in a position involving direct contact with a child.
2. The cabinet shall respond to
allegations of abuse, neglect, or exploitation of a child in accordance with
922 KAR 1:330 and 922 KAR 1:480.
(d) A current personnel record shall be maintained
for an employee that includes the following:
1. Name, address, Social Security number,
date of employment, and date of birth;
2. Evidence of qualifications, including
degree from a college or university, current registration, certification, or licensure;
3. Record of participation in staff
development;
4. Record of performance evaluation;
5. Criminal records and central registry
checks pursuant to paragraph (b)2 and 3 of this subsection;
6. Record of a physical exam related to
employment, as specified in the child-placing agency's policies and procedures;
7. Personnel action;
8. Application for employment, resume, or
contract; and
9. Evidence of personnel orientation.
(e) The child-placing agency shall have
an ongoing staff development program under the supervision of a designated
staff member.
(f) An employee under indictment, legally
charged with felonious conduct, or subject to a cabinet investigation in accordance
with 922 KAR 1:330 shall:
1. Be immediately removed from contact
with a child; and
2. Not be allowed to work with the child
until:
a. A prevention plan has been written and
approved by a designated regional cabinet staff;
b. The person is cleared of the charge;
or
c. A cabinet investigation reveals an
unsubstantiated finding, if the charge resulted from an allegation of child:
(i) Abuse;
(ii) Neglect; or
(iii) Exploitation.
(g) Unless the volunteer is a practicum
student, a volunteer who performs a similar function as paid staff described in
subsection (4) of this section shall meet the same requirements and
qualifications.
(h) Practicum students and volunteers
shall submit to a background check and any other mandatory requirements listed
in subsection (5)(b) and (c) of this section.
(i) A current personnel record shall be
maintained for a practicum student or volunteer that includes the following:
1. Name, address, Social Security number,
starting date, and date of birth;
2. Evidence of qualifications if the
volunteer performs a similar function as paid staff; and
3. Criminal records and central registry
checks pursuant to paragraph (h) of this subsection.
Section 3. Interstate Placement. (1)
Prior to accepting a child from another state or prior to placing a child
outside Kentucky, the child-placing agency shall comply with:
(a) KRS 615.030 to 615.040, Interstate
Compact on Placement of Children;
(b) KRS 615.010, Interstate Compact for Juveniles;
and
(c) 42 U.S.C. 671(a)(23).
(2) If a child committed to the cabinet
makes a brief visit out of state, not accompanied by child-placing agency
personnel, the child-placing agency shall obtain prior consent of designated
regional cabinet staff.
(3) A child-placing agency shall comply
with subsection (1) of this section if a child placed with the child-placing
agency visits or receives respite care in another state for a period to exceed:
(a) Thirty (30) days; or
(b) The child’s school vacation period.
(4) If an emergency placement of a child
into a licensed child-placing agency is made, the placement source shall be
responsible for compliance with KRS 615.030 to 615.040.
Section 4. Evaluation of an Applicant.
(1) A child-placing agency's social services staff shall recruit a prospective
foster or adoptive home.
(2) A child-placing agency shall:
(a) Complete a home study; and
(b) Approve the home prior to the
placement of a child.
(3) Documentation of the home study shall
include the following:
(a) A personal interview with each member
of the applicant's household;
(b) An assessment of the attitude of each
member of the applicant's household toward the placement of a child into the
home or adoption;
(c) Observations of the functioning of
the applicant's household, including interpersonal relationships and patterns
of interaction;
(d) The applicant's ability to accept a
child's relationship with the child's family of origin;
(e) Proof of the applicant's:
1. Identity, such as a federally or
state-issued photo identification card;
2. Age of twenty-one (21) years or older,
unless an exception is granted pursuant to subsection (4) of this section; and
3. United States citizenship, such as a
birth certificate, or legal alien status, such as a permanent resident card, as
described in 8 U.S.C. 1151;
(f) A statement for each member of the
applicant's household that shall be signed by a licensed physician or licensed
health care professional verifying that the individual:
1. Is free of a communicable or infectious
disease; and
2. Has no illness or condition that would
present a health or safety risk to a child placed in the applicant's home;
(g) A signed statement by a licensed
physician or licensed health professional regarding the applicant's physical
ability to provide necessary care for a child;
(h) Verification that the applicant has a
source of income separate from:
1. Foster care reimbursement; or
2. Adoption assistance;
(i) The name of three (3) personal
references who:
1. Are not related to the applicant; and
2.a. Shall be interviewed by the
child-placing agency staff in person or by telephone; or
b. Shall provide letters of reference for
the applicant;
(j) Verification that the applicant's
financial stability has been assessed and approved in accordance with a
child-placing agency's written policies and procedures;
(k) Documentation of any interview with
an adult child of the applicant, who does not live in the applicant's home, regarding
the applicant's parenting history;
(l) If applicable, verification from the
applicant regarding a:
1. Previous divorce;
2. Death of a spouse; or
3. Present marriage;
(m) If the applicant does not have
custody of the applicant’s own child:
1. A copy of a visitation order;
2. A copy of a child support order; and
3. Proof of current payment of child
support;
(n) Proof that the child-placing agency
performed background checks on the applicant and any member of the applicant’s
household in accordance with criteria established in 922 KAR 1:490;
(o) Documentation that the applicant has
access to:
1. Transportation that meets the child's
needs;
2. School;
3. Recreation;
4. Medical care; and
5. Community facilities;
(p) If an applicant or household member
will be transporting a foster child, proof that the individual possesses a
valid driver's license and has automobile or driver's insurance coverage;
(q) Documentation that the applicant's
home:
1. Does not present a hazard to the
health and safety of a child;
2. Is well heated and ventilated;
3. Complies with state and local health
requirements regarding water and sanitation; and
4. Provides in- or out-of-door recreation
space appropriate to the developmental needs of a child placed in the
applicant's home;
(r) Verification that:
1. No more than four (4) children,
including the applicant's own children, shall share a bedroom; and
2. A foster parent shall not share a
bedroom with a child in the custody of a state agency, unless prior approval is
obtained from the state agency;
(s) Verification that an individual bed:
1. Is provided for each child in the
home;
2. If the child is under age one (1), is
a crib that meets the Consumer Products Safety Commission Standards pursuant to
16 C.F.R. 1508 and 1509; and
3. Is age and size appropriate for the
child;
(t) Verification that:
1. Medication is locked, unless an
exception is granted pursuant to subsection (10) of this section; and
2. The following are inaccessible to a
child:
a. Alcoholic beverages;
b. poisonous or hazardous materials; and
c. Ammunition and firearms in accordance
with KRS 527.100 and 527.110;
(u) Proof that the applicant has:
1. First aid supplies with unexpired
dates available and stored in a place easily accessible by the foster parent;
2. A working telephone; and
3. A working smoke alarm within ten (10)
feet of each bedroom;
(v) If a business open to the public
adjoins the applicant’s household, consideration of potential negative impacts
on the child and family, including:
1. Hours of operation;
2. Type of business; and
3. Clientele; and
(w) If an applicant was approved to
foster or adopt a child by another child placing agency or the cabinet and the
applicant's home was closed, verification of the closure and a statement to
indicate whether the closure was at the request of the applicant or the agency.
(4) Exception to subsection (3)(e)2 of
this section shall be granted if the applicant is:
(a) Between eighteen (18) and twenty-one
(21) years of age;
(b) A relative of the child to be placed
in the applicant's home; and
(c) Able to meet the needs of the child
to be placed in the applicant's home.
(5) For each potential applicant
evaluated, the child-placing agency shall keep a written record of the findings
of the home study and the evidence on which the findings are based.
(6)(a) Following approval as a foster
home, the approving child-placing agency may request written approval from the
state agency with custody of the child, for the foster home to provide services
as a certified:
1. Provider of Supports for Community
Living in accordance with 907 KAR 1:145;
2. Therapeutic foster care provider for
adults in accordance with 907 KAR 3:030; or
3. Family child care home in accordance
with 922 KAR 2:100.
(b) Except as provided in paragraph (a)
of this subsection, an approved foster home shall not simultaneously:
1. Provide day care center services in
accordance with 922 KAR 2:090; and
2. Be used as a licensed or certified
health care or social service provider.
(7) An employee of the department who
provides protection and permanency services shall be prohibited from becoming a
foster parent or respite care provider for a child in the custody of the cabinet,
unless the:
(a) Employee was a foster parent or
respite care provider for the child at the time employment with the department
in protection and permanency services began; and
(b) Commissioner approves, in writing,
the employee to be a foster parent or respite care provider for the child.
(8) An employee of the department who
provides protection and permanency services may apply to adopt a child in the
custody of the cabinet if the:
(a) Employee had:
1. No relationship with the child or a
parent of the child prior to the termination of parental rights in accordance
with KRS Chapter 625, unless the employee is a relative of the child; or
2. Adopted a sibling of the child
available for adoption; and
(b) Commissioner approves, in writing,
the employee to adopt.
(9)(a) A child-placing agency shall
develop written policies and procedures regarding employees of the
child-placing agency serving as:
1. A foster parent;
2. An adoptive parent; or
3. A respite care provider.
(b) Policies and procedures developed in
accordance with paragraph (a) of this subsection shall address the prevention
or appearance of:
1. A conflict of interest; or
2. Misuse of influence.
(10) A child-placing agency may make an
exception to subsection (3)(t)1 of this section if:
(a) The exception is documented in the
ITP of a child placed in the foster or prospective adoptive home;
(b) The child is learning to
self-administer medicine under the supervision of the foster or prospective
adoptive parent or other caretaker; and
(c) Measures are taken to prevent
unauthorized access by another child in the same home.
(11) If an applicant is approved as a
foster home, adoptive home, or respite care provider by a state agency or
another child-placing agency, a child-placing agency shall:
(a) Conduct a home study in accordance
with subsections (2), (3), and (5) of this section; and
(b)1. Document that the applicant meets
training requirements in accordance with Section 5, 7, 10, 13, or 19 of this administrative
regulation; and
2. If an applicant lacks training in
accordance with subparagraph 1 of this paragraph, the child-placing agency
shall, prior to placement of a child in the home:
a. Provide training in accordance with
Section 5, 7, 10, 13, or 19 of this administrative regulation; or
b.(i) Develop an individualized
curriculum to fulfill unmet training needs; and
(ii) Document the applicant’s compliance
with the individualized curriculum.
Section 5. Orientation and Preparation of
a Foster Home. A child-placing agency shall:
(1) Develop and maintain an orientation
and preparation curriculum to be kept on file;
(2) Provide a minimum of twenty-four (24)
hours of orientation and preparation to a prospective foster parent, to include
the following:
(a)1. Child-placing agency program
description with mission statement;
2. Information about the rights and
responsibilities of the home; and
3. Background information about the
foster child and the child’s family, including information in accordance with
KRS 605.090(1)(b);
(b) An example of an actual experience
from a foster parent that has fostered a child;
(c) Information regarding:
1. The stages of grief;
2. Identification of the behavior linked
to each stage;
3. The long-term effect of separation and
loss on a child;
4. Permanency planning for a child,
including independent living services;
5. The importance of attachment on a
child's growth and development and how a child may maintain or develop a
healthy attachment;
6. Family functioning, values, and
expectations of a foster home;
7. Cultural competency;
8. How a child enters and experiences
foster care, and the importance of achieving permanency; and
9. The importance of birth family and
culture and helping children leave foster care;
(d) Identification of changes that may
occur in the home if a placement occurs, to include:
1. Family adjustment and disruption;
2. Identity issues; and
3. Discipline issues and child behavior
management; and
(e) Specific requirements and
responsibilities of a foster parent.
(3) Maintain an ongoing foster home
preparation and training program that:
(a) Provides a minimum of six (6) hours
of foster home training annually; and
(b) Maintains a record of preparation and
training completed.
Section 6. Placement, Case Management,
and Supervision of a Child in a Foster Home, Medically-fragile Foster Home, or
Therapeutic Foster Care Home. (1) A child-placing agency shall:
(a) Place a child only in an approved
foster home; and
(b) Keep a child who has been committed
to the Department of Juvenile Justice for the commission of a sex crime in a separate
foster home or prospective adoptive home from a child committed to the Cabinet
in accordance with KRS 605.090(1), 620.090(2), and 620.230(3).
(2) A child-placing agency shall select a
foster home for a child based upon the individual needs of the child,
including:
(a) The child’s assessment and ITP, if
available;
(b) Any information concerning the
child's needs in placement; and
(c) Measures to support the safety of the
child, such as a placement restriction in accordance with subsection (1)(b) of
this section, or another child in the foster home.
(3) A child shall participate in the
intake process and in the decision that placement is appropriate, to the extent
that the child's age, maturity, adjustment, family relationships, and the
circumstance necessitating placement justify the child's participation.
(4) Unless an exception is granted
pursuant to subsection (6) of this section:
(a) The number of children residing in a
foster home by a child-placing agency shall not exceed six (6), including the
foster parent’s own children.
(b) The number of children residing in a
foster home that cares for a child in the custody of the cabinet shall not
exceed five (5), including the foster parent’s own children.
(5) Unless an exception is granted
pursuant to subsection (6) of this section, a child-placing agency shall have a
maximum of two (2) children under two (2) years of age placed in the same
foster home at the same time, with the exception of a sibling group, who may
remain together.
(6)(a) Justification for an exception to
subsection (4)(a) or (5) of this section shall be:
1. Documented in the foster parent file;
and
2. Authorized by the program director.
(b) For a foster home that cares for a
child in the custody of the cabinet, the child-placing agency shall submit a
written justification for an exception to subsection (4)(b) or (5) of this
section in accordance with 922 KAR 1:350, Section 2(2).
(7) The child-placing agency shall:
(a) Assess a child to be placed in foster
care;
(b) Within thirty (30) days of a child’s
placement, develop:
1. An ITP based upon the individual needs
of the child and, if appropriate, the child’s family, which addresses the:
a. Visitation, health, and educational
needs of the child;
b. Child’s permanency goals and related
objectives;
c. Methods for accomplishing each goal
and objective; and
d. Designation of an individual or
individuals responsible for completion of each goal and objective; and
2. A supervision plan for the child
which:
a. Is attached to the child’s ITP;
b. Identifies the current supervision
needs of and expectations for the child based upon the child’s recent and past:
(i) Incidents;
(ii) High-risk behaviors; and
(iii) Needs identified in the assessment
conducted pursuant to paragraph (a) of this subsection;
c. Includes goals and objectives for the
child’s improvement with tasks assigned to the child-placing agency and foster
home parent;
d. Is signed and dated by the social
service worker and foster home parent; and
e. Remains a part of the child’s record;
(c) Review a child’s ITP and supervision
plan on a quarterly basis or more frequently as the child’s needs or
circumstances dictate;
(d) Have a written agreement with the
foster home stating the:
1. Responsibilities of the:
a. Child-placing agency; and
b. Foster home; and
2. Terms of each placement;
(e) Require a foster home to certify, in
writing, that supervision from the child-placing agency or the state agency,
which has custody of the child, shall be allowed;
(f) Document a placement in the foster
home file;
(g) Report immediately to the state
agency which has custody of the child if there is:
1. A life-threatening accident or
illness;
2. An absence without official leave;
3. A suicide attempt;
4. Criminal activity by the child
requiring notification of law enforcement;
5. Death; or
6. Possession of a deadly weapon by a
child;
(h) Report, if applicable, within two (2)
business days to the state agency which has custody of the child if there is a:
1. Change in address;
2. Change in the number of people living
in the home; or
3. Significant change in the foster home,
such as changes in health or income status of an individual living in the
foster home;
(i) Establish policies and procedures for
supervision of a foster home by a worker other than the social services worker
assigned to the foster home, who meets qualifications specified in Section
2(4)(c) of this administrative regulation to:
1. Include:
a. Frequency of an in-home visit with the
foster parent;
b. Means of supervision;
c. Methods of supervision; and
d. Personnel conducting the supervision;
2. Ensure a foster child’s placement
stability and safety; and
3. Be individualized, as needed, for the:
a. Child; or
b. Foster home;
(j) Identify and make available necessary
supports to a foster home, including:
1. A plan for respite care in accordance
with Section 13 of this administrative regulation;
2. Twenty-four (24) hour crisis
intervention; and
3. A foster home support group;
(k) Assure that a child receives care and
services, including independent living services:
1. In accordance with Section 16 of this
administrative regulation; and
2. As prescribed by the child’s needs as
assessed in the child’s ITP;
(l) Provide information to a foster
parent regarding the behavior and development of the child placed by the
child-placing agency;
(m) Inform the foster parent, in
accordance with KRS 605.090(1)(b), of:
1. Inappropriate sexual acts or sexual
behavior of the child as specifically known to the child-placing agency; and
2. Any behaviors of the child that
indicate a safety risk for the placement;
(n) Document each effort to:
1. Protect the legal rights of the family
and the child; and
2. Maintain the bond between the child
and the child’s family, in accordance with the child’s permanency plan;
(o) Assure that a child shall have, for
the child’s exclusive use, clothing comparable in quality and variety to that worn
by other children with whom the child may associate;
(p) Be responsible for monitoring the
child's school progress and attendance;
(q) Secure psychological and psychiatric
services, vocational counseling, or other services if indicated by the child's
needs;
(r) Reassess and document quarterly, in
the child’s ITP, placement and permanency goals, including independent living
services, in accordance with Section 16 of this administrative regulation;
(s) Conduct and document a face-to-face
visit with the child at least once per month; and
(t) Maintain foster care records in
accordance with Section 18 of this administrative regulation.
(8) Without prior notification to and
written authorization from the Kentucky Interstate Compact Administrator, a
child shall not be:
(a) Placed with a family that normally
resides in another state; or
(b) Permitted to go with a person to take
up residence in another state.
(9)(a) An approved foster home in use
shall be evaluated on an annual basis for compliance with responsibilities
listed in the written agreement described in subsection (7)(d) of this section.
(b) Results shall be recorded in the
foster parent file.
(10) Factors that shall result in a
review of a foster home shall include:
(a) Death or disability of a family
member;
(b) Sudden onset of a health condition
that impairs a foster parent’s ability to care for a child placed in the home;
(c) Change in marital status or home
address;
(d) Sudden, substantial decrease in, or
loss of, income;
(e) Child birth;
(f) Use of a form of punishment that
includes:
1. Cruel, severe, or humiliating actions;
2. Corporal punishment inflicted in any
manner;
3. Denial of food, clothing, or shelter;
4. Withholding implementation of the
child’s ITP;
5. Denial of visits, telephone or mail
contacts with family members, unless authorized by court of competent
jurisdiction; and
6. Assignment of extremely strenuous
exercise or work;
(g) A report of abuse, neglect, or
dependency that results in a finding that is:
1. Substantiated; or
2. Reveals concern regarding the care of
the child;
(h) If the foster parent is cited with,
charged with, or arrested due to a violation of law other than a minor traffic
offense;
(i) An incident required to be reported
in accordance with Sections 6(7)(g) and (h), and 12(6) and (7) of this
administrative regulation; or
(j) Other factors identified by a
child-placing agency that jeopardize the physical, mental, or emotional well
being of the child.
(11) The documentation of a review, specified
in subsection (10) of this section, shall contain:
(a) Identifying information;
(b) Current composition of the household;
(c) Description of the situation that
initiated the review;
(d) An assessment of the family
functioning to determine if the child’s needs are met; and
(e) Corrective action that may include a
recommendation for closure of the foster home.
Section 7. Orientation and Preparation of
a Therapeutic Foster Care Home. (1) A child-placing agency shall:
(a) Maintain the orientation and
preparation curriculum on file; and
(b) Provide a minimum of thirty-six (36)
hours of orientation and preparation for a prospective therapeutic foster care
parent that shall incorporate the following topic areas:
1.a. Child-placing agency program description
with mission statement;
b. Information about the rights and
responsibilities of the therapeutic foster care home; and
c. Background information about a foster
child and the child’s family;
2. An example of an actual experience of
a therapeutic foster care parent that has fostered a child;
3. Stages of grief;
4. Behaviors linked to each stage of
grief;
5. Long-term effects on a child from
separation and loss;
6. Permanency planning for a child,
including independent living services;
7. Importance of attachment on a child's
growth and development and the way a child maintains and develops a healthy
attachment, including attachment disorder and associated behaviors;
8. Family functioning, values, and
expectations of a therapeutic foster care home;
9. Changes that may occur in the home
with placement of a child regarding:
a. Family functioning;
b. Family adjustment;
c. Identity issues;
d. Discipline issues and child behavior
management; and
e. Family disruption;
10. Specific requirements and
responsibilities of a therapeutic foster care home;
11. Behavior management;
12. Communication skills;
13. Skill teaching;
14. Cultural competency;
15. Behavior management de-escalation
techniques;
16. The dynamics of the sexually-abused
child; and
17. The effect of chemical abuse or
dependence by the child or the child's biological parent.
(2) A therapeutic foster care home shall
receive a minimum of twenty-four (24) hours of annual training.
(3) A child-placing agency that provides
therapeutic foster care shall maintain an ongoing therapeutic foster care
preparation and training program that:
(a) Provides a minimum of twenty-four
(24) hours of annual training; and
(b) Maintains a record of preparation and
training completed.
Section 8. Additional Requirements for
Therapeutic Foster Care. (1) A therapeutic foster care home shall accommodate
the needs of a child who is unable to live with the child’s own family and who:
(a) May benefit from care in a family
setting; and
(b)1. Has clinical or behavioral needs
that exceed supports available in a foster home; or
2. Is transitioning from group care as
part of the process of returning to family and community.
(2) Unless an exception is granted
pursuant to subsection (3) of this section, the number of children residing in
a therapeutic foster care home that does not care for a child in the custody of
the cabinet shall be limited to a total of six (6) children, including no more
than two (2) therapeutic foster care children.
(3) Justification for an exception to
subsection (2) of this section shall be:
(a) Documented in the therapeutic foster
care parent’s file; and
(b) Authorized by the treatment director.
(4) Unless an exception is granted
pursuant to subsection (3) of this section, the number of children residing in
a therapeutic foster care home that cares for a child in the custody of the
cabinet, shall be limited to a total of four (4) children, including no more
than two (2) therapeutic foster care children.
(5) To make a request for an exception to
subsection (4) of this section, the child-placing agency shall follow the procedure
set forth in 922 KAR 1:350, Section 2(2).
(6) A treatment director shall supervise
a treatment team and shall participate in the development of the ITP and the
quarterly case consultation.
(7) A child-placing agency shall provide
or contract, as specified in KRS 199.640(5)(a)2, for therapeutic services individualized
for the child, as needed, at least two (2) times per month.
(8) A therapeutic foster care parent
shall be responsible for:
(a) Participation in the development of
an assessment, ITP, and supervision plan as specified in Section 6(7) of this
administrative regulation;
(b) Facilitation of in-home services
provided by a social services worker at least two (2) times per month;
(c) Adequate supervision of the child and
implementation of components of the ITP, including daily log documentation as
specified in the ITP;
(d) Working with the child-placing agency
to promote stability and avoid disruption for the child;
(e) Working with the child-placing agency
in the development of a plan for the smooth transition of the child to a new
placement, in the event of a disruption; and
(f) Providing independent living services
for a child twelve (12) years of age or older consistent with a child’s ITP.
(9) Except for a child who is the legal
responsibility or in the custody of the cabinet or the Department of Juvenile
Justice, the child-placing agency shall be responsible for:
(a) A preplacement conference, in a
nonemergency placement, for the purpose of:
1. Developing permanency goals and a
discharge plan for the child, including independent living services;
2. Developing a plan for the
implementation of services;
3. Identifying the treatment goals; and
4. Developing a behavior management plan
if applicable; and
(b) Inviting and encouraging attendance
to the preplacement conference by:
1. The prospective therapeutic foster
care home;
2. A respite care provider approved in
accordance with Section 13(4) of this administrative regulation;
3. The child, if appropriate; and
4. The child’s family.
(10) The social services worker shall:
(a) Have a first face-to-face visit with
a child and therapeutic foster care parent on the day of the child's placement;
(b) Have another face-to-face visit with
the therapeutic foster care parent or child within ten (10) calendar days of
the child's placement;
(c) Telephone or visit, on a weekly
basis, at least one (1) of the therapeutic foster care parents of each child on
the therapeutic foster care worker's caseload;
(d) Visit a therapeutic foster care
parent a minimum of two (2) times a month with at least one (1) visit being in
the foster home;
(e) Visit the foster child face-to-face a
minimum of two (2) times a month with at least one (1) visit in the therapeutic
foster care home and one (1) visit outside the foster home;
(f) Carry a caseload of not more than
twelve (12) therapeutic foster care children, taking into account:
1. Required responsibilities other than the
case management of a child in foster care;
2. Additional support, contact, and
preparation needed by a therapeutic foster care home, due to the extent of the
needs of the child served; and
3. The intensity of services provided to
the child and the child’s family;
(g) Conduct a quarterly case
consultation, including the:
1. Foster home;
2. Child’s public agency worker;
3. Child-placing agency treatment
director and social services worker; and
4. Child and the child’s family of
origin, to the extent possible;
(h) Identify the support needed by the
foster family, including a:
1. Plan for respite care as provided in
Section 13 of this administrative regulation;
2. Plan for twenty-four (24) hour on-call
crisis intervention; and
3. Foster home support group;
(i) Recommend and prepare an aftercare
plan for a child, prior to discharge from therapeutic foster care, to ensure a
successful transition; and
(j) Document a quarterly case
consultation and revision to a child’s ITP as determined by the case consultations.
(11) The child-placing agency shall:
(a) Meet requirements specified in
Section 6(1) through (3) and (7) through (11) of this administrative
regulation; and
(b) Annually reevaluate a therapeutic
foster care home in accordance with Section 15 of this administrative
regulation.
Section 9. Medically-fragile Child. (1) A
medically-fragile child shall be:
(a) A child in the custody of the
cabinet; and
(b) Determined by the cabinet to meet the
medically-fragile requirements of 922 KAR 1:350.
(2) The decision to accept a
medically-fragile child shall be optional to a child-placing agency.
(3) If a child placed with a
child-placing agency in a non-medically-fragile foster home becomes
medically-fragile in accordance with subsection (1) of this section, the
commissioner or designee and child-placing agency shall reevaluate the
placement and ensure the child’s needs can be met.
Section 10. Preparation of a
Medically-fragile Foster Home. (1) A child-placing agency shall create a
medically-fragile foster home only if the child-placing agency has:
(a) Staff meeting qualifications
established in Section 2(4) of this administrative regulation supervising the
home, who have received medically-fragile training in accordance with
subsection 2(b) and (c) of this section; and
(b) A liaison established with the
cabinet.
(2) A foster home shall be approved to
care for a medically-fragile child by a child-placing agency if the foster
home:
(a) Includes a primary caregiver who is
not employed outside the home, unless approved in writing by designated cabinet
staff;
(b) Completes, in addition to training
specified in Section 5 of this administrative regulation:
1. Twenty-four (24) hours of cabinet
training to include first aid and cardiopulmonary resuscitation (CPR)
certification if the foster parent is not currently certified in first aid and
CPR;
2. Sixteen (16) hours of cabinet training
if the foster parent is currently certified in first aid and CPR; or
3. Training approved in advance by the
cabinet, in the areas of:
a. Growth and development;
b. Nutrition; and
c. Medical disabilities;
(c) Maintains certification in:
1. CPR; and
2. First aid;
(d) Is located within a:
1. One (1) hour drive of a medical
hospital with an emergency room; and
2. Thirty (30) minute drive of a local
medical facility; and
(e) Is evaluated in accordance with
Section 4 of this administrative regulation.
(3) Professional experience related to
the care of a medically-fragile child may substitute for the training requirement
of the medically-fragile foster parent as specified in subsection (2)(b) and
(c) of this section:
(a) Upon the approval by a designated
cabinet staff; and
(b) If the foster parent is one (1) of
the following licensed health care professionals:
1. Physician as defined in KRS
311.720(9);
2. Registered nurse as defined in KRS
314.011(5);
3. Licensed practical nurse as defined in
KRS 314.011(9);
4. Physician’s assistant as defined in
KRS 311.840(3); or
5. Advanced registered nurse practitioner
as defined in KRS 314.011(7).
(4) If the cabinet determines that a
child currently in the care of a foster parent approved by the child-placing
agency is a medically-fragile child in accordance with Section 9(1) of this
administrative regulation, then the cabinet shall prioritize the foster home’s
enrollment in training as specified in subsection (2)(b) and (c) of this section.
(5) An approved medically-fragile foster
home shall receive annual reapproval, if the foster home:
(a) Annually completes ongoing training
as specified by subsection 2(b) and (c) of this section;
(b) Completes the training before the
anniversary date of approval as a medically-fragile foster home; and
(c) Continues to meet the requirements in
Section 15 of this administrative regulation.
(6) Except for a sibling group or unless
approved by designated cabinet staff, no more than four (4) children, including
the medically-fragile foster parent’s own children, shall reside in a
medically-fragile foster home.
(7) Unless an exception is approved by
designated cabinet staff, a:
(a) One (1) parent medically-fragile
foster home shall not care for more than one (1) medically-fragile child; and
(b) Two (2) parent medically-fragile
foster home shall not care for more than two (2) medically-fragile children.
(8) A child-placing agency shall request
an exception to subsection (6) or (7) of this section, in accordance with 922
KAR 1:350, Section 2(2).
Section 11. Placement of a
Medically-fragile Child. (1)(a) In addition to training required in Section
10(2)(b) and (c) of this administrative regulation, an approved
medically-fragile foster parent shall receive training on how to care for the
specific needs of a medically-fragile child placed in the home.
(b) The training shall be conducted by a
licensed health care professional.
(2) Unless an exception is granted
pursuant to subsection (3)(a) of this section, a medically-fragile child shall
be placed in an approved medically-fragile foster home.
(3) A child-placing agency shall:
(a) Request an exception to subsection
(2) of this section in accordance with 922 KAR 1:350, Section 2(2);
(b) Provide case management services:
1. As described in Section 6(1) through
(3), and (7) through (11) of this administrative regulation; and
2. In accordance with the child’s:
a. Health plan developed by designated
cabinet staff;
b. ITP; and
c. Supervision plan;
(c) Support the child’s health plan
developed by designated cabinet staff; and
(d) Conduct a face-to-face visit with the
child at least two (2) times per month.
Section 12. Expectations for a Foster
Home, Therapeutic Foster Care Home, or Medically-fragile Foster Home. An approved
foster parent or therapeutic foster care parent shall:
(1) Provide a child placed by the
child-placing agency with a family life, including:
(a) Nutritious food;
(b) Clothing comparable in quality and
variety to that worn by other children with whom the child may associate;
(c) Affection;
(d) Training;
(e) Recreational opportunities;
(f) Education opportunities;
(g) Nonmedical transportation;
(h) Opportunities for development
consistent with the child’s religious, ethnic, and cultural heritage;
(i) Adequate supervision; and
(j) Independent living services for a
child twelve (12) years of age or older;
(2) Permit a child-placing agency and
staff of a state agency to visit the home;
(3) Share with the child-placing agency
and, if applicable, staff of the state agency which has custody of the child,
information about the child placed by the child-placing agency;
(4) Notify the child-placing agency ten
(10) days prior if the home is approved to provide foster or adoptive services
through another private child-placing agency or the cabinet;
(5) Notify the child-placing agency prior
to:
(a) Leaving the state with a child placed
by the child-placing agency for more than two (2) nights; or
(b) Allowing a child placed by the
child-placing agency to be absent from the foster home for more than three (3)
days;
(6) Report immediately to the
child-placing agency through which the child is placed, if there is:
(a) A life-threatening accident or
illness;
(b) An absence without official leave;
(c) A suicide attempt;
(d) Criminal activity by the child
requiring notification of law enforcement;
(e) Death; or
(f) A child's possession of a deadly
weapon;
(7) Report, if applicable, within two (2)
business days to the child-placing agency if there is a:
(a) Change in address;
(b) Change in the number of people living
in the home;
(c) Significant change in circumstance in
the foster home; or
(d) Failure of the foster child or foster
parent to comply with the supervision plan;
(8) Cooperate with the child-placing
agency if child-placing agency staff arranges for a child, placed in the foster
home by the child-placing agency, and the child’s birth family regarding:
(a) Visits;
(b) Telephone calls; or
(c) Mail;
(9) Surrender a child or children to the
authorized representative of the child-placing agency or the state agency,
which has custody of the child, upon request;
(10) Keep confidential all personal or
protected health information as shared by the cabinet or child-placing agency,
in accordance with KRS 194A.060 and 45 C.F.R. Parts 160 and 164, concerning a
child placed in a home or the child’s birth family;
(11) Support an assessment of the service
needs, including respite care, and the development of an ITP, including the
supervision plan, of a child placed by the child-placing agency;
(12) Participate in a case planning
conference concerning a child placed by the child-placing agency;
(13) Cooperate with the implementation of
the permanency goal established for a child placed by the child-placing agency;
(14) Ensure that a child in the custody
of the cabinet receives the child's designated per diem allowance;
(15) Provide medical care to a child
placed by the child-placing agency as needed, including:
(a) Administration of medication to the
child and daily documentation of the administration; and
(b) Annual physicals and examinations for
the child;
(16) Treat a child placed by the
child-placing agency with dignity;
(17) Report suspected incidents of child
abuse, neglect, and exploitation in accordance with KRS 620.030; and
(18) Comply with general supervision and
direction of the child-placing agency or, if applicable, the state agency that
has custody of the child, concerning the care of the child placed by the
child-placing agency.
Section 13. Respite For Foster Care,
Medically-fragile Foster Care, or Therapeutic Foster Care. (1) The
child-placing agency shall develop written policies and procedures to address
the respite care needs of a child or a foster parent.
(2) Respite care shall not be used as a
means of placement for a child.
(3) Respite care shall be in accordance
with Section 3(3) of this administrative regulation.
(4) The child-placing agency shall not
approve a respite care provider unless the provider meets requirements
specified by Section 4(3)(e), (g), and (n) through (v) of this administrative
regulation.
(5) A respite care provider shall:
(a) Receive, from the agency or foster
parent, preparation for placement of a child, including:
1. Information in accordance with KRS
605.090(1)(b); and
2. Information regarding the supervision
plan of the child;
(b) Provide adequate supervision in accordance
with the child's supervision plan; and
(c)1. Give relief to a foster parent
caring for a child; or
2. Provide for an adjustment period for a
child.
(6) A respite care provider for a
medically-fragile child shall:
(a) Meet the requirements of Section
10(2)(b) through (d) or 10(3) of this administrative regulation; and
(b) Receive training on how to meet the
specific needs of the medically-fragile foster child from:
1. A licensed health care professional;
or
2. The foster parent trained by a
licensed health care professional.
Section 14. Private Placement Process.
Except for a child in the custody of or otherwise made the legal responsibility
of the cabinet or the Department of Juvenile Justice, the child-placing agency
shall be responsible for the following if a private placement is conducted:
(1) For a child being placed with a
child-placing agency, the child-placing agency shall obtain an:
(a) Agreement for voluntary care signed
by the custodian; or
(b) Order from a court of competent jurisdiction
placing the child into the custody of the child-placing agency.
(2) The child-placing agency shall:
(a) Complete an intake assessment of the
strengths and needs of the child and the child’s family of origin; and
(b) Ascertain the appropriateness of the
referral for the child.
(3)(a) The child-placing agency shall be
responsible for developing an ITP individualized for a child and the child’s family
based on an individualized assessment of the child's and family's needs within
thirty (30) days of the child’s placement with the child-placing agency.
(b) The assessment shall be revised as
needed.
(c) The assessment and ITP shall include
the type and extent of services to be provided to the child and the child’s family.
(4) Unless not in the best interest of
the child, the child, parent, and foster parent shall be included in developing
the assessment and ITP.
(5)(a) The foster home selected for
placement shall be the most appropriate home based on the child's needs and the
strengths of the foster family.
(b) The foster home shall be located as
close as possible to the home of the family of origin, in order to facilitate
visiting and reunification.
(6)(a) The social services worker and the
foster parent shall work collaboratively to prepare the child prior to the
placement.
(b) Unless a circumstance precludes
preparation and the circumstance is documented in the case record, a child
shall have a period of preparation prior to the placement in the foster home.
(7) The child-placing agency shall:
(a) Provide or arrange for services to
support reunification for a child for whom family reunification is the goal;
(b) Assess and document the parent’s
capacity for reunification quarterly;
(c) Provide for review of the child in
order to evaluate the progress toward achieving the child’s permanency goal
every six (6) months; and
(d) Assure that foster care continues to
be the best placement for the child.
(8)(a) Services to the family of origin
and to the child shall be adapted to their individual capacities, needs, and
problems.
(b) A reasonable effort shall be made to
return the child to the family of origin.
(9) Planning for the child regarding
treatment program matters, including visitation, health, education, and
permanency goals, shall be developed in collaboration with the:
(a) Family of origin;
(b) Treatment director;
(c) Social services worker; and
(d) Foster home.
(10)(a) The child-placing agency shall
work with a foster home to promote stability and avoid disruption for a child,
to include:
1. Services specified in Section 6(1)
through (3), and (7) through (11) of this administrative regulation; and
2. Annual reevaluation of the foster home
in accordance with Section 15 of this administrative regulation.
(b) A request for the removal of a child
from a foster home shall be explored immediately and shall be documented by the
social services worker.
(c) If disruption is unavoidable, the
child-placing agency and foster home shall develop a plan for the smooth
transition of the child to a new placement.
(11)(a) Preparation for the return of a
child to the family of origin shall be supervised by a social services worker.
(b) The family shall participate in
planning for the child's return.
(c) If regular contact with the child’s
family does not occur, a plan for the child's return shall include at least one
(1):
1. Prior visit between the child and the
family; and
2. Preliminary visit of the child to the
child’s family home.
(12) The child-placing agency shall
recommend a plan for aftercare services for a child and the child’s family.
Section 15. Annual Reevaluation of an
Approved Adoptive Home Awaiting Placement or an Approved Foster Home. Annually,
a child-placing agency shall:
(1) Conduct a personal interview in the
home with an approved:
(a) Adoptive home awaiting placement; or
(b) Foster home; and
(2) Assess:
(a) Any change in the home;
(b) The ability of the home to meet the
needs of a child placed in the home; and
(c) The home’s continued compliance with
the requirements of this administrative regulation in:
1. Section 4(3)(h), (j), and (l) through
(v), and Section 4(5) through (11) of this administrative regulation, with
regard to evaluation, if the home is approved as a foster or adoptive home;
2. Sections 6(9)(a) and 12 of this
administrative regulation, with regard to case management and expectations, if
the home is approved as a foster home;
3. Sections 5(3)(a), 7(2), or 10(5)(a) of
this administrative regulation, with regard to annual training, if the home is
approved as a foster home; and
4. Section 19(3) of this administrative
regulation, with regard to annual training, if the home is approved as an
adoptive home.
(3) After initial approval, a foster
parent, an adoptive parent awaiting placement, a respite care provider, or a
member of a foster or adoptive parent’s household shall comply with a
child-placing agency’s request for a statement regarding the parent, provider,
or household member’s general health and medical ability to care for a child.
(4) If a prospective adoptive home is
awaiting an international adoption, the child-placing agency shall conduct a reevaluation
of the home once every eighteen (18) months.
Section 16. Independent Living Services.
A child-placing agency shall:
(1) Provide independent living services:
(a) To a child:
1. In the custody of a state agency; and
2. Who is twelve (12) to twenty-one (21)
years of age;
(b) Directly or indirectly through a
foster parent with whom the child is placed;
(c) As prescribed in the child’s ITP; and
(d) In accordance with 42 U.S.C. 677(a);
and
(2) Teach independent living:
(a) To a child:
1. In the custody of a state agency; and
2. Sixteen (16) years of age and older;
and
(b) Developed in accordance with Section
17(1)(e) of this administrative regulation.
Section 17. Independent Living Programs.
(1) A child-placing agency providing independent living programming shall:
(a) Conduct and document an assessment of
the child’s skills and knowledge:
1. Within fourteen (14) days of a child’s
placement with the child-placing agency and provision of services by the
agency’s independent living program; and
2. Using a tool to assess:
a. Money management and consumer
awareness;
b. Job search skills;
c. Job retention skills;
d. Use of and access to:
i. Community resources;
ii. Housing; and
iii. Transportation;
e. Educational planning;
f. Emergency and safety skills;
g. Legal knowledge;
h. Interpersonal skills, including
communication skills;
i. Health care knowledge, including
knowledge of nutrition;
j. Human development knowledge, including
sexuality;
k. Management of food, including food
preparation;
l. Ability to maintain personal
appearance;
m. Housekeeping; and
n. Leisure activities;
(b) Develop and update quarterly a
written ITP within thirty (30) calendar days of a child’s placement with a
child-placing agency in an independent living program, to include:
1. Educational, job training, housing,
and independent living goals;
2. Objectives to accomplish a goal;
3. Methods of service delivery necessary
to achieve a goal and an objective;
4. Person responsible for each activity;
5. Specific timeframes to achieve a goal
and an objective;
6. Identification of a discharge plan;
7. Plan for aftercare services; and
8. Plan for services from a cooperating
agency;
(c) Maintain written policies and
procedures for the independent living program;
(d) Train and document the training
provided to designated independent living staff within thirty (30) days of
employment on:
1. Content of the independent living
curriculum;
2. Use of the independent living
materials;
3. Application of the assessment tool;
and
4. Documentation methods used by the
child-placing agency; and
(e) Maintain and teach independent living
in accordance with 42 U.S.C. 677(a), including:
1. Money management and consumer
awareness;
2. Job search skills;
3. Job retention skills;
4. Educational planning;
5. Community resources;
6. Housing;
7. Transportation;
8. Emergency and safety skills;
9. Legal skills;
10. Interpersonal skills, including
communication skills;
11. Health care, including nutrition;
12. Human development, including
sexuality;
13. Food management, including food
preparation;
14. Maintaining personal appearance;
15. Housekeeping;
16. Leisure activities;
17. Voting rights and registration;
18. Registration for selective service,
if applicable;
19. Self-esteem;
20. Anger and stress management;
21. Problem-solving skills; and
22. Decision-making and planning skills.
(2) A social services worker from an
independent living program shall:
(a) Be responsible for a child sixteen
(16) to eighteen (18) years of age in an independent living program and provide
supervision in accordance with the child's supervision plan; and
(b) Be available for twenty-four (24)
hours, seven (7) days a week crisis support for a child in the independent
living program, regardless of the child’s age; and
(c) Have:
1. Daily face-to-face contact with a
child:
a. Sixteen (16) to eighteen (18) years of
age; and
b. In the independent living program; or
2. A minimum of one (1) face-to-face,
in-home contact per week for a child:
a. Eighteen (18) to twenty-one (21) years
of age; and
b. In the independent living program;
(d) Conduct a visual and exploratory
review of a child’s living unit at least monthly, to include a review for:
1. Safety;
2. Use of alcohol; and
3. Illegal contraband;
(e) Maintain a caseload of no more than
ten (10) children, including independent living program:
1. Participants sixteen (16) to
twenty-one (21) years of age; and
2. Participants' children assigned a
Level of Care of III or higher; and
(f) Document annual compliance with fire
and building codes for any living unit in which the agency places a child.
(3) (a) A living unit for a child in an
independent living program shall be occupied by only a child or children
approved to occupy the living unit by the child-placing agency.
(b) Nonresidents shall be asked to vacate
the living unit.
(4) The child-placing agency shall assure
and document that the living unit of a child in an independent living program:
(a) Does not present a hazard to the
health and safety of the child;
(b) Is well ventilated and heated; and
(c) Complies with state and local health
requirements regarding water and sanitation.
(5) The child-placing agency shall
maintain documentation for each child concerning:
(a) Assistance to the child in finding
and keeping in touch with family, if possible;
(b) Health care and therapeutic services
received by a child;
(c) Progress each child has made in the
independent living program, including independent living services received;
(d) Progress in an educational program,
including vocational education;
(e) An assessment of the child’s
readiness to live independently; and
(f) The social services worker’s contacts
with the child, including observation of the child’s living arrangement.
Section 18. Maintenance of a Foster Care,
Medically-fragile Foster Care, or Therapeutic Foster Care Record. (1)(a) The
child-placing agency shall maintain a record on each child and foster home,
including medically-fragile foster homes and therapeutic foster care homes.
(b) The child’s record and the foster
home record shall show the reason for placement change and steps taken to ensure
success.
(c) A case record shall be maintained in
conformity with existing laws and administrative regulations pertaining to confidentiality,
pursuant to KRS 199.430(3), 199.640, and 45 C.F.R. Parts 160 and 164.
(2) The record of the child, including information
of the child’s family, shall include:
(a) Identifying information for child,
parent, and foster home;
(b) Commitment order or custodian’s
consent for admission;
(c) Birth and immunization certificate;
(d) Educational record;
(e) Medical and dental record since
placement;
(f) Social history and assessment;
(g) ITP and review;
(h) Supervision plan and updates to the
plan;
(i) Permanency goals, including
independent living services;
(j) Incident reports, including details
of the child’s behavior and supervision at the time of the incident;
(k) Monthly progress notes based on the
ITP and supervision plan;
(l) Quarterly revisions to the child’s
ITP;
(m) Correspondence with the:
1. Court;
2. Family;
3. Department for Community Based Services;
or
4. Department of Juvenile Justice;
(n) Discharge report; and
(o) Aftercare plan.
(3) The foster home’s record shall
include documentation relating to the:
(a) Orientation and preparation of the
home, including all adult caregivers in the household;
(b) Required preparation hours and the
topics covered;
(c) Placement of the child;
(d) Narrative summary of the initial and
annual foster home’s home study;
(e) Supervision of the foster home,
including critical incidents;
(f)1. Annual training requirements that
are met in accordance with Section 5(3) of this administrative regulation by
the foster parent and all adult caregivers in the household; or
2. If applicable, annual training
requirements in accordance with Section 7(2) or 10(5)(a) of this administrative
regulation;
(g) Background checks in accordance with
Sections 4(3)(n) and 15(2)(c)1 of this administrative regulation;
(h) Copy of any placement exceptions
granted; and
(i) If applicable, copy of the written
statement of the foster home’s closure completed pursuant to Section 23(3) of
this administrative regulation.
(4) A child-placing agency shall:
(a) Maintain a child or foster home’s
record for at least three (3) years;
(b) After three (3) years:
1. Archive the record and have it
transferred to one (1) of the cabinet's designated record centers; or
2. Maintain the record permanently by the
child-placing agency;
(c) Transfer the record to the cabinet,
if:
1. The agency ceases operations; and
2. No other operational governing entity
exists; and
(d) Make available all records maintained
by the agency to the cabinet or its designee upon request.
Section 19. Orientation and Preparation
of an Adoptive Home. A child-placing agency shall:
(1) Prepare and maintain the orientation
and preparation curriculum on file;
(2) Provide orientation and preparation
to a prospective adoptive home in accordance with the child-placing agency’s
policies and procedures to include the following:
(a) An example of an actual experience
from a parent who has adopted a child;
(b) Challenging behavior characteristics
of an adoptive older child;
(c) Referral resources for a
developmental delay;
(d) Transition issues with focus on
stages of grief, and a honeymoon period;
(e) Loss and the long-term effects on a
child;
(f) Attachment and identity issues of the
child;
(g) Cultural competency;
(h) Medical issues including referral
resources;
(i) Family functioning, family values,
and expectations of an adoptive home;
(j) Identification of changes that may
occur in the family unit upon the placement of a child to include:
1. Family adjustment and disruption;
2. Identity issues; and
3. Discipline; and
(k) Financial assistance available to an
adoptive home; and
(3) Ensure that an approved adoptive home
awaiting the placement of a child receives adoptive home training annually in
accordance with the child-placing agency’s established policies and procedures.
Section 20. Adoption Placement Process.
(1) A child shall not be placed for adoption until the:
(a) Adoptive home has been approved;
(b) Parental rights of the mother, legal
or birth father, and putative father of the child, if not the same person as
the legal father, are terminated by a circuit court order entered pursuant to
KRS Chapter 625; and
(c) Child is placed with the
child-placing agency for the purpose of adoption placement.
(2) A child’s parent shall not be induced
to terminate parental rights by a promise of financial aid or other
consideration.
(3)(a) A child-placing agency licensed by
the cabinet shall not use the authority authorizing the agency to place a child
for adoption to facilitate an adoptive placement planned by a doctor, lawyer,
clergyman, or person or entity outside the child-placing agency.
(b) The child-placing agency shall comply
with provisions of 922 KAR 1:010.
(4) The child-placing agency shall obtain
the following:
(a) A developmental history of the
adoptive child to include:
1. Birth and health history, unless an
exception is granted pursuant to subsection (5) of this section;
2. Early development, unless an exception
is granted pursuant to subsection (5) of this section;
3. Characteristic ways the child responds
to people and situations;
4. Any deviation from the range of normal
development;
5. The experiences of the child prior to
the decision to place the child for adoption;
6. Maternal attitude during pregnancy and
early infancy;
7. Continuity of parental care and
affection;
8. Out-of-home placement history;
9. Separation experiences; and
10. Information about the mother, legal
father, and putative father, if not the same person as the legal father, and
family background:
a. That may affect the child’s normal
development in order to determine the presence of a significant hereditary
factor or pathology; and
b. Including an illness of the biological
mother or father;
(b) A social history of the biological or
legal parent, to include:
1. Name;
2. Age;
3. Nationality;
4. Education;
5. Religion or faith; and
6. Occupation;
(c) Information obtained from direct
study and observation of the child by a:
1. Social services worker; and
2. Physician or other licensed health
care professional;
(d) If indicated, information obtained
from direct study and observation of the child by a:
1. Foster parent;
2. Nurse;
3. Psychologist; or
4. Other consultants; and
(e) Information from the mother, if
possible, identifying the biological father, or legal father, if different from
the biological father, for the purpose of:
1. Determining the father's parental
rights; and
2. Establishment of possible hereditary
endowments.
(5) Exception to subsection (4)(a)1 and 2
of this section may be granted, if the adoption involves a child born in a country
other than the United States.
(6) If either biological or legal parent
is unavailable, unwilling, or unable to assist with the completion of
information necessary to comply with KRS 199.520 and 199.572, the child-placing
agency shall document information, to the extent possible, from the existing
case record.
(7) Prior to finalization of the adoptive
placement, a licensed physician or other licensed health professional shall
make a medical examination to determine:
(a) The state of the child's health;
(b) Any significant factor that may
interfere with normal development; and
(c) The implications of any medical
problem.
(8) The condition under which an adoptive
home agrees to accept the child shall be decided upon, prior to placement of
the child. The written agreement between the child-placing agency and the adoptive
home shall embody the following provisions:
(a) The adoptive home shall agree to:
1. Comply with KRS 199.470;
2. File an adoptive petition at a time
agreeable to the adoptive home and the child-placing agency; and
3. Permit supervision by the child-placing
agency in accordance with the child-placing agency’s policies and procedures:
a. After placement; and
b. Preceding a final judgment of adoption
by the circuit court;
(b) The child-placing agency shall be
responsible for providing the adoptive home with written information regarding
the child's:
1. Background;
2. Medical history;
3. Current behavior; and
4. Medical information necessary to
comply with KRS 199.520(4)(a); and
(c) The adoptive home and the
child-placing agency shall agree that the child may be removed from the
placement, at the request of either party, before the filing of the adoptive
petition.
(9)(a) Preplacement visits shall be
arranged for the adoptive home and a child.
(b) The pattern and number of visits
shall be based on the child's:
1. Age;
2. Development; and
3. Needs.
(10) During preparation, the
child-placing agency shall discuss the child’s readiness to accept the selected
placement with the child, in accordance with the child's age and ability to
understand.
(11)(a) Unless the child-placing agency
and, if applicable, the state agency which has custody of a child belonging to
a sibling group, determines that it is more beneficial for siblings to be
placed in separate adoptive homes, siblings who have had a relationship with
each other shall be placed together.
(b) If siblings have been separated in
placements:
1. The case record shall reflect a valid
basis for the separation;
2. The decision to separate siblings
shall be made by the executive director of the child-placing agency; and
3. Continued contact between siblings
shall be maintained, if possible.
(12) A child-placing agency shall comply
with Section 6(1)(b) of this administrative regulation during the process of
placing a child in a prospective adoptive home.
Section 21. Supervision of an Adoptive
Placement. (1) The child-placing agency placing a child shall remain
responsible for the child until the adoption has been granted. This
responsibility involves the following:
(a) Two (2) meetings by the social
services worker with the child and the adoptive home, including both adoptive
parents if not a single parent adoption, one (1) visit of which shall be in the
adoptive home before filing of the adoption petition;
(b) The continuation of case management,
visits, and telephone contacts based upon the needs of the child until the
adoption is legally granted; and
(c) Awareness of a change in the adoptive
home including health, education, or behavior.
(2) Upon request of the cabinet, the
child-placing agency shall:
(a) Provide information pursuant to KRS
199.510, as necessary to report to the court to proceed with adoption;
(b) Prepare and provide the original
confidential report to the court; and
(c) Forward to the cabinet a copy of:
1. The confidential report that was
provided to the court; and
2. Information required by KRS 199.520
and 199.572.
(3) If the court finds the adoptive home
to be unsuitable and refuses to grant a judgment, the child-placing agency
shall remove the child from the home.
Section 22. Maintenance of Adoptive Case
Record. (1) The child-placing agency shall maintain a case record from the time
of the application for services through the completed legal adoption and
termination of child-placing agency services for:
(a) A child accepted for care, and the
child’s family; and
(b) An adoptive applicant.
(2) The case record shall contain
material on which the child-placing agency decision may be based and shall
include or preserve:
(a) Information and documents needed by
the court;
(b) Information about the child and the
child’s family;
(c) A narrative or summary of the
services provided with a copy of legal and other pertinent documents; and
(d) Information gathered during the
intake process including the following:
1. A description of the situation that
necessitated placement of the child away from the child’s family, or
termination of parental rights;
2. A certified copy of the order of the
circuit court terminating parental rights and committing the child to the
child-placing agency for the purpose of adoption;
3. Verification of the child's birth
record and the registration number;
4. A copy of the child's medical record
up to the time of placement;
5. A copy of the required evaluation of
the adoptive placement;
6. Date of adoptive placement;
7. A statement of the basis for the
selection of this adoptive home for the child;
8. A record of after-placement services
with dates of:
a. Visits;
b. Contacts;
c. Observations;
d. Filing of petition;
e. Granting of judgments; and
f. Other significant court proceedings
relative to the adoption;
9. Child's adoptive name; and
10. Verification of preparation and
orientation and annual training in accordance with Section 19 of this
administrative regulation.
(3) If there is a need to share
background information with a party to a completed adoption, or to have the
benefits of information from a closed adoption record to offer services following
completion of an adoption, the child-placing agency shall comply with KRS 199.570.
(4) Records on adoption that contain
pertinent information shall be:
(a) Maintained indefinitely following
final placement of a child; and
(b) Sealed and secured from unauthorized
scrutiny.
(5) A child-placing agency shall submit
adoptive case records to the cabinet, if:
(a) The child-placing agency closes; and
(b) No other operational governing entity
exists.
Section 23. Closure of an Approved Foster
or Adoptive Home. (1) A foster or adoptive home shall be closed if:
(a) Sexual abuse or exploitation by a
resident of the household is substantiated;
(b) Child maltreatment by a resident of
the household occurs that is serious in nature or warrants the removal of a
child;
(c) A serious physical or mental illness
develops that may impair or preclude adequate care of the child in the home; or
(d) The home fails to meet requirements
of this administrative regulation in:
1. Section 4(3)(h), (j), and (l) through
(v), and Section 4(5) through (11) of this administrative regulation, with
regard to evaluation, if the home is approved as a foster or adoptive home;
2. Sections 6(9)(a) and 12 of this
administrative regulation, with regard to placement and case management, if the
home is approved as a foster home;
3. Sections 5(3)(a), 7(2), or 10(5)(a) of
this administrative regulation, with regard to annual training, if the home is
approved as a foster home; and
4. Section 19(3) of this administrative
regulation, with regard to annual training, if the home is approved as an
adoptive home.
(2) A foster or adoptive home may be
closed:
(a) In accordance with the terms
specified in the written agreement between the child-placing agency and the
foster or adoptive home; or
(b) In accordance with the terms
specified in the written contract between the cabinet and the child-placing
agency.
(3) The child-placing agency shall
provide the foster or adoptive parent a written closure statement to include:
(a) Date of approval and termination; and
(b) Indication of whether the closure was
at the request of the foster parents or the agency.
Section 24. Foster Care Registry. (1) A
child-placing agency shall register a foster home with the cabinet, approved by
the child-placing agency, to include medically-fragile foster homes and therapeutic
foster care homes.
(2) Information shall be provided to the
cabinet in a format prescribed by the cabinet, to include:
(a) The foster parent's:
1. Full name;
2. Social Security number; and
3. Address, including county of
residence;
(b) The child-placing agency’s:
1. Name; and
2. Mailing address;
(c) The date the foster home was
approved; and
(d) Whether the foster home is active or
inactive.
(17 Ky.R. 2351; eff. 3-12-91; Am. 20 Ky.R. 2424; eff. 3-23-94; 21 Ky.R. 654;
1074; eff. 9-21-94; Recodified from 905 KAR 1:310, 10-30-98; 26 Ky.R. 2080; 27
Ky.R. 571; 1008; eff. 10-16-2000; 30 Ky.R. 1662; 2069; 31 Ky.R. 99; eff.
8-6-04; 33 Ky.R. 3552; 34 Ky.R. 316; 577; eff. 10-17-2007; TAm 1-14-2008; 2355;
35 Ky.R. 49; 292; eff. 9-5-2008.)
