922 KAR 1:010. Independent adoptions

Link to law: http://www.lrc.ky.gov/kar/922/001/010.htm
Published: 2015

      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.)
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