922 KAR 1:010. Independent adoptions.
RELATES TO: KRS 199.011, 199.470-199.472,
199.473, 199.480, 199.490(3), 199.492, 199.493, 199.500, 199.510, 199.520,
199.540, 199.570, 199.572, 199.590, 199.990, 615.030, Chapter 625,
STATUTORY AUTHORITY: KRS 194.A050(1),
199.472, 199.473(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
194A.050(1) requires the secretary to promulgate, administer, and enforce
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 199.472 requires the cabinet to promulgate
administrative regulations that establish criteria to be followed for adoption
of children. KRS 199.473(3) requires a home study to be made in accordance with
administrative regulations promulgated by cabinet. This administrative
regulation establishes the procedure in an independent adoption.
Section 1. Definitions. (1)
"Adoption worker" is defined by KRS 199.011(8).
(2) "Child" is defined by KRS
199.011(4).
(3) "Child-placing agency" is
defined by KRS 199.011(7).
(4) "Foster family home" is
defined by KRS 199.011(9).
(5) "Interstate compact
administrator" is defined by KRS 615.030, Article VII.
(6) "Placement services" is
defined by KRS 199.011(13).
(7) "Voluntary and informed
consent" is defined by KRS 199.011(14).
Section 2. Eligibility. The cabinet
shall:
(1) Process an application for an
independent adoption in accordance with Section 3 of this administrative
regulation; and
(2) Assure a home study is conducted
according to federal poverty level guidelines in accordance with KRS
199.473(3).
Section 3. Application for Permission to
Place or Receive a Child. (1) To apply for permission to place or receive a
child for independent adoption, an applicant shall complete and file the
"DPP-187, Independent Adoption Application," in accordance with
subsections (2) through (8) of this section.
(2) The DPP-187 shall be:
(a) Signed by:
1. The proposed adoptive parent or
parents wishing to receive a child;
2. The parent or parents wishing to place
a child; or
3. Both parties involved;
(b) Filed in duplicate and in writing
with the secretary, in care of the Commissioner of the Department for Community
Based Services;
(c) Filed by means of certified or
registered mail;
(d) Accompanied by the forms and
information listed in subsection (3) of this section; and
(e) Accompanied by a nonrefundable fee of
$200, required by KRS 199.473(13), which shall be:
1. In the form of a certified or
cashier’s check; and
2. Payable to the Kentucky State
Treasurer.
(3) The following forms and documents
shall be filed with the completed DPP-187:
(a) The "DPP-105, Medical Information
on Child’s Birth", or a copy of the child’s hospital newborn medical
record;
(b) If the child’s custody has been
awarded to the proposed adoptive parent:
1. A copy of the custody order; and
2. Copies of background checks conducted
in accordance with KRS 199.473(8);
(c) The "DPP-190, Information to be
Obtained from Proposed Adoptive Parent(s)";
(d) The "DPP-190A, Supplemental
Information to be Obtained from the Proposed Adoptive Parent(s)";
(e) Verification of current marriage,
prior divorce, or death of a prior spouse of the proposed adoptive parent;
(f) Most recent tax return or written
verification of income from the income source for the proposed adoptive parent;
(g) The "DPP-108A, Health
Information Required for Proposed Adoptive Parent(s) Regarding Dependent
Children"; and
(h) The "DPP-107, Health Information
Required for Resource Home Applicants or Adult Household Members",
incorporated by
reference in 922 KAR 1:350, completed by the
proposed adoptive
parent.
(4) The DPP-187 may be obtained at:
(a) Local Department for Community Based
Services offices; or
(b) The central office in Frankfort,
Kentucky
(5) The DPP-187 shall be considered
officially filed:
(a) When received in the office of the
Commissioner of the Department for Community Based Services; and
(b) If it meets the requirements of this
section.
(6) The DPP-187 shall not be processed
if, prior to the receipt of the application, the child was committed to the
cabinet by order of the district or circuit court.
(7) The cabinet shall return to sender:
(a) An incomplete application; or
(b) An application for an unborn child
submitted more than thirty (30) days in advance of the child’s expected due
date.
(8) The returned receipt of certified or
registered mail shall be
proof of the filing of the application.
Section 4. Limitations to Filing. (1) In
the case of twins who are available and suitable for adoption, the DPP-187
shall not be accepted unless the proposed adoptive parent applies to receive
both children.
(2) If the DPP-187 for a child has been
filed, subsequent applications for the same child shall not be accepted unless
the previous DPP-187 has been withdrawn by a written request to the cabinet by
one (1) of the parties involved.
Section 5. Interstate Adoptions. (1) An
interstate adoption shall be in accordance with KRS 199.473(12).
(2) A prospective adoptive parent who
resides in a state other than Kentucky shall:
(a) Meet application requirements of
Section 3 of this administrative regulation; and
(b) Submit the DPP-187, but may
substitute other forms required in Section 3 of this administrative regulation
with comparable forms from the prospective adoptive parent’s state of
residence.
Section 6. Preadoptive Placement. (1)(a)
The child shall not be in the physical care, control, or custody of the
proposed adoptive parent, unless a circuit court grants temporary custody in
accordance with KRS 199.473(7) and (8).
(b) If the child is found in the physical
care of the proposed adoptive parent without a circuit court order of temporary
custody, the cabinet shall take action in accordance with KRS 199.473(11) until
the written approval of the secretary or designee is received by the proposed
adoptive parent.
(2)(a) If either the child's custodial
parent or the proposed adoptive parent reside out-of-state, the written
approval of the interstate compact administrator shall be given before the
child's preadoptive placement with the proposed adoptive parent can occur.
(b) If the child’s custodial parent
resides out-of-state and the child is found in Kentucky without the approval of
the interstate compact administrator, the child shall be removed from Kentucky
and a neutral setting arrangement made within the state of the custodial
parent’s residence.
(3) If the disposition of the DPP-187 is
pending, the cabinet may cooperate with the custodial parent of the child in
finding suitable temporary placement for the child.
(4)(a) During the time between filing the
DPP-187 and the decision of the cabinet granting or denying the application,
the responsibility for providing for the care of the child shall not rest with
the cabinet unless a court has placed the child with the cabinet, with the
agreement of the cabinet, after the filing of the DPP-187.
(b) The responsibility shall remain with
the custodial parent of the child during this time.
Section 7. Home Study Requirements. (1)
When the DPP-187 has been filed with the Commissioner of the Department for
Community-Based Services, the department shall cause a home study of the proposed
adoptive home to be completed, in accordance with the provisions of KRS
199.473(2), (3), and (4).
(2) The home study for an out-of-state
proposed adoptive home shall be accepted if conducted by the:
(a) Out-of-state public agency; or
(b) Licensed child-placing agency in the
respective receiving state if the public agency is unable or unwilling to
provide the service.
(3)(a) Prior to filing a DPP-187, the
proposed adoptive parent may contract with a licensed child-placing agency to
complete a home study and background checks of the proposed adoptive parent and
household.
(b)The home study of a proposed adoptive
parent shall include:
1. A minimum of three (3) personal
references, including one (1) from a relative of the proposed adoptive parent;
2. A minimum of two (2) financial
references;
3. Criminal background check conducted in
accordance with:
a. KRS 199.473(2); or
b. The policy and laws of the receiving
state’s child welfare agency, if the proposed adoptive parent resides in a
state other than Kentucky; and
4. Child abuse and neglect check:
a. In accordance with 922 KAR 1:490; or
b. Conducted by the receiving state’s
child welfare agency, if one is available and the proposed adoptive parent
resides in a state other than Kentucky;
5. Documentation by the adoption worker
of:
a. A minimum of one (1) home visit and
face-to-face interview with each proposed adoptive parent and members of the
parent’s household; and
b. Contact with the proposed adoptive
parent’s adult child on the "DPP-197, Adult Child Interview", if the
cabinet is able to locate the adult child; and
6.a. Section I of the "DPP-199,
Independent Adoption Home Study Outline", completed by the adoption worker
in regard to the proposed adoptive parent’s home and family background; and
b. A determination by the adoption worker
of the proposed adoptive parent’s suitability to proceed with an independent
adoption.
(4) If an adoption worker for a licensed
child-placing agency determines, at the completion of background checks in
accordance with KRS 199.473(8), that the proposed adoptive parent does not
appear suitable to proceed with an independent adoption, the worker shall
provide written notification to the Department for Community-Based Services,
Adoption Section, 275 East Main Street, Frankfort, Kentucky 40621.
(5) The adoption worker shall discuss the
child's background and proposed placement with the proposed adoptive parent and
make a determination of the proposed adoptive home’s ability to meet the needs
of the specific child and provide the child with a suitable home.
(6) The adoption worker shall complete
the DPP-199 for review and:
(a) Processing with the Interstate
Compact, if applicable; and
(b) Consideration in the Commissioner’s
decision about the application for an independent adoption.
Section 8. Interviewing the Biological
Parents. (1) If the biological or placing parents, legal father, or putative
father reside in Kentucky, the adoption worker shall make a diligent effort to
interview the custodial biological or placing parent of the child to be placed
and the non-custodial biological parent, legal father, or putative father to:
(a) Determine whether or not the
biological parents are aware and accepting of the ethnic and religious
background of the receiving parents;
(b) Determine whether or not they agree
to the placement of the child with the proposed receiving parents;
(c) Obtain health history and
sociological information on the child's family with a "DPP-191,
Information to be Obtained From the Placing Parent";
(d) Document the placing parent’s
knowledge of the independent adoption with the "DPP-191A, Information to
Be Obtained from the Placing Parent"; and
(e) Determine the biological parents'
feelings about possible future contact with the adopted person on a
"DPP-192, Biological Parent Consent Form", in accordance with KRS
199.572.
(2) If the child's placing parent refuses
to be interviewed by the cabinet representative or the appropriate Kentucky or
out-of-state adoption worker, the cabinet may deny the application.
(3)(a) If a child’s placing parents live
out-of-state, efforts shall be made to have the biological or placing parents
and legal, or putative father, if different than the biological father,
interviewed for the purposes specified in subsection (1) of this section.
(b) The interviews with out-of-state
biological or placing parents, legal, or putative father shall be accepted if
conducted by:
1. An out-of-state public agency; or
2. A licensed private adoption agency in
the respective state, if the public agency is unable or unwilling to provide
the service.
(4) If after diligent efforts of the
out-of-state public or private agency, the biological or placing parents,
legal, or putative father, or legal custodian of the child cannot be
interviewed, or if the information and material cannot be obtained, the
secretary or designee may approve the placement provided the other conditions
of KRS 615.030, the Interstate Compact on the Placement of Children, have been
met.
Section 9. Final Decision Regarding
Prospective Adoptive Home. (1) Upon completion of the home study of the
proposed adoptive home, a proposed adoptive parent shall be notified by
registered or certified mail of the decision of the secretary or designee,
either granting or denying permission for the placement or receiving of the
child.
(2) The child shall be placed in the home
of the proposed adoptive parent immediately, if:
(a) The cabinet grants permission for the
child’s placement; and
(b) The child is available for placement.
(3) If the permission is denied, the
proposed adoptive parent or parents or the placing parent or parents may appeal
the decision. If appealing, the proposed adoptive parent or parents or placing
parent or parents shall, within ten (10) days after notice of denial, appeal
the decision to the circuit court of the county in which the adoption is proposed
in accordance with KRS 199.473(9).
Section 10. Filing of the Petition to
Adopt. (1) If a child has been placed in a proposed adoptive home with the
permission of the secretary or designee, the proposed adoptive parent or
parents may file the petition for adoption in the circuit court in the county
of their residence with the secretary's or designee's written approval in
accordance with KRS 199.470(3) and 199.473.
(2) Subsequent to the filing of a
petition in Kentucky to finalize an independent adoption made with the written
approval of the secretary, the agency which completed the independent adoption
placement home study shall prepare the confidential report to the court in
accordance with KRS 199.510(2) and KRS 199.590(6).
Section 11. Service Appeals. A person
aggrieved by a cabinet action with regard to an independent adoption may
request an administrative hearing in accordance with 922 KAR 1:320.
Section 12. Incorporation by Reference.
(1)The following material is incorporated by reference:
(a) "DPP-105, Medical Information on
Child’s Birth, edition 11/05";
(b) "DPP-108A, Health Information
Required for Proposed Adoptive Parent(s) Regarding Dependent Children, edition
11/05";
(c) "DPP-187, Independent Adoption
Application, edition 3/15";
(d) "DPP-190, Information to be
Obtained from Proposed Adoptive Parent(s), edition 11/05’’;
(e) "DPP-190A, Supplemental
Information to be Obtained from the Proposed Adoptive Parent(s), edition
11/05";
(f) "DPP-191, Information to be
Obtained from the Placing Parent, edition 11/05";
(g) "DPP-191A, Information to be
Obtained from the Placing Parent for Independent Adoptions, edition
11/05";
(h) "DPP-192, Biological Parent
Consent Form, edition 11/05";
(i) "DPP-197, Adult Child Interview,
edition 11/05"; and
(j) "DPP-199, Independent Adoption
Home Study Outline, edition 11/05".
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Cabinet for
Health and Family Services, Department for Community Based Services, 275 East
Main Street, Frankfort, Kentucky 40621, Monday through Friday 8 a.m. to 4:30
p.m. (DCW-DLS 2, 3, 4; 1 Ky.R. 294; eff. 1-8-75; Am. 14 Ky.R. 1009; eff.
12-11-87; 18 Ky.R. 1598; eff. 1-10-92; 20 Ky.R. 865; eff. 12-6-93; 21 Ky.R.
651; 1072; eff. 9-21-94; Recodified from 905 KAR 1:010, 10-30-98; 32 Ky.R. 566;
894; eff. 11-16-2005; TAm eff. 3-30-2015.)
