922 KAR 1:310. Standards for child-placing agencies

Link to law: http://www.lrc.ky.gov/kar/922/001/310.htm
Published: 2015

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      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.)