922 KAR 1:530.
Post-adoption placement stabilization services.
RELATES TO: KRS 199.011,
600.020, 605.100, 605.130, 620.170, 45 C.F.R. 1355.34(b), (c), 1356.22
STATUTORY AUTHORITY: KRS
194A.050(1), 199.472, 605.100(1), 605.130(4), 605.150
NECESSITY, FUNCTION, AND
CONFORMITY: KRS 194A.050(1) authorizes the cabinet to promulgate, administer
and enforce those administrative regulations necessary to qualify for the
receipt of federal funds. To maintain eligibility for full funding under Title
IV-E and IV-B of the Social Security Act, under 45 C.F.R. 1355.34(b) and (c),
the cabinet shall design services to help children achieve permanency, to
include post-legal adoption services. KRS 199.472 mandates that the cabinet
establishes criteria for the adoption of children by administrative regulation.
KRS 605.150 authorizes the cabinet to promulgate administrative regulations to
implement the provisions of KRS Chapter 605, including KRS 605.130(4), which
requires the cabinet to perform other services necessary for the protection of
children, and KRS 605.100(1), which requires the cabinet to arrange for a
program of care, treatment, and rehabilitation of the children committed to it.
This administrative regulation establishes post-adoption placement
stabilization services for children who were adopted from the custody of the
cabinet, to the extent funds are available.
Section 1. Definitions. (1)
"Aftercare plan" means a plan of care for a child upon the
discontinuance of post-adoption placement stabilization services, which:
(a) Recommends services for
the continued care of the child;
(b) Identifies community
resources that have been arranged for the child or parent; and
(c) Includes actions that
the parent agrees to take.
(2) "Child-caring
facility" is defined by KRS 199.011(6).
(3) "Commitment"
is defined by KRS 600.020(12).
(4) "Family team
meeting" means a meeting convened to develop services to avoid the
dissolution of an adoption in accordance with Section 2(2)(b)4 of this
administrative regulation.
(5) "Post-adoption
placement stabilization services" or "PAPSS" means coordination,
payment, and provision of care and treatment of an adopted child by the cabinet
to prevent dissolution of the adoption.
Section 2. Eligibility
Requirements for Services. (1) The cabinet shall consider a request for PAPSS
made on behalf of an adopted child if:
(a) The adoptive parent
receives adoption assistance for the child in accordance with 922 KAR 1:050 or
922 KAR 1:060; and
(b) Cabinet staff
determines that after the provision of other prevention services, such as
services provided in subparagraph (2)(b)2 of this section, the adoption of the
child remains in jeopardy of dissolution.
(2) If the threshold
criteria of subsection (1) of this section are met, the cabinet shall consider
a child eligible for PAPSS if:
(a) Upon a child’s
placement with a child-caring facility or a decision to extend PAPSS, the child
is assessed a level of care by the cabinet or its agent and determined to meet
criteria for:
1. Level IV as established
in 922 KAR 1:360, Section 4(4); or
2. Level V as established
in 922 KAR 1:360, Section 4(5); and
(b) The adoptive parent:
1. Receives adoption
assistance for the child in accordance with 922 KAR 1:050 or 922 KAR 1:060;
2. Has cooperated with other
services to prevent the adoption’s dissolution, such as:
a. IMPACT Plus services
through the Kentucky Medicaid Program;
b. Family Preservation
Program in accordance with 922 KAR 1:410; or
c. Crisis stabilization
through the Kentucky Medicaid Program;
3. Authorizes the cabinet
to:
a. Coordinate PAPSS for the
child;
b. Make a referral on
behalf of the child to a child-caring facility for the child’s placement; and
c. Access confidential
medical and treatment information about the child; and
4. Agrees to:
a. Participate in a family
team meeting:
(i) To include designated
regional cabinet staff, family members, staff of the child-caring facility
providing services to the child, or other individuals requested by the family
or cabinet staff;
(ii) Within the first
thirty (30) days of a child’s receipt of PAPSS; and
(iii) As established in
Section 4(4) of this administrative regulation;
b. Cooperate with an
assessment of the child to determine the child’s needs and eligibility for
PAPSS as required in Section 2(2)(a) of this administrative regulation;
c. Place the child with a
child-caring facility operating in accordance with 922 KAR 1:360;
d. Participate in the
child’s treatment to support reunification with the child; and
e. A temporary discontinuance
of the child’s adoption assistance, provided in accordance with 922 KAR 1:050
or 922 KAR 1:060, during the period of time the child receives PAPSS.
Section 3. Payment. (1) To
the extent funds are available, the cabinet shall pay a reimbursement rate for
PAPSS consistent with the child’s assessed level of care as established in
Section 2(2)(a) of this administrative regulation.
(2) During the time period
in which a child receives PAPSS, the cabinet shall temporarily discontinue
adoption assistance in accordance with 922 KAR 1:050 or 922 KAR 1:060.
Section 4. Timeframes for
PAPSS. (1) The cabinet shall discontinue payment for PAPSS after the child has
received PAPSS for sixty (60) calendar days, unless an additional time period
of PAPSS has been approved in accordance with subsections (2) and (3) of this
section.
(2) After the child has
received PAPSS for sixty (60) calendar days, to the extent funds are available,
the:
(a) Commissioner or
designee may approve the child for an additional thirty (30) calendar days, for
a total of ninety (90) calendar days of PAPSS, if the:
1. Child continues to meet
the requirements specified in Section 2(2)(a) of this administrative
regulation; and
2. Adoptive parent
continues to meet the requirements specified in Section 2(2)(b) of this
administrative regulation; or
(b) Cabinet may continue
PAPSS to a child if the:
1. Child continues to meet
the requirements specified in Section 2(2)(a) of this administrative
regulation;
2. Child’s assessed needs
require PAPSS beyond an additional thirty (30) calendar days; and
3. Adoptive parent:
a. Voluntarily commits the
child to the cabinet in accordance with KRS 620.170 and 45 C.F.R. 1356.22; and
b. Continues to meet the
requirements specified in Section 2(2)(b) of this administrative regulation.
(3) To the extent funds are
available; the cabinet may provide PAPSS to a child beyond ninety (90) calendar
days in a twelve (12) month period, if the:
(a) Child continues to meet
the requirements specified in Section 2(2)(a) of this administrative
regulation; and
(b) Adoptive parent meets
the requirements of subsection (2)(b)3 of this section.
(4) If a child receives
PAPSS, the cabinet shall call at least one (1) family team meeting for the
child. The meeting may be called:
(a) At thirty (30) calendar
day intervals; or
(b) More frequently than
one (1) time in a thirty (30) day period with the consent of the adoptive
parent.
Section 5. Continuation of
PAPSS Through Voluntary Commitment. (1) If an adoptive parent voluntarily
commits a child to the cabinet for the child’s continued benefit of PAPSS and
continues to meet criteria established in Section 2(2)(b) of this
administrative regulation, the cabinet shall seek no child support from the
adoptive parent.
(2) Any extension to the
voluntary commitment of the child to the cabinet shall be in accordance with
KRS 620.170 and 45 C.F.R. 1356.22.
Section 6. Discontinuation
and Aftercare. The cabinet may develop an aftercare plan for the adoptive
parent and child, if the:
(1) Cabinet discontinues
PAPSS; and
(2) Adoptive parent assists
in the aftercare plan’s development.
Section 7. Appeals. (1) An
adoptive parent shall be granted an administrative hearing in accordance with
922 KAR 1:320 if the cabinet fails to:
(a) Use reasonable
promptness in its:
1. Response to a request
for PAPSS; or
2. Referral of an eligible
child to a child-caring facility for approved PAPSS; or
(b) Call a family team
meeting for a child during the:
1. Sixty (60) calendar days
a child receives PAPSS; or
2. Period of time a child
receives an extension to PAPSS in accordance with Section 2(2) and (3) of this
administrative regulation.
(2) Private child-caring
facilities shall have appeal rights in accordance with 922 KAR 1:360, Sections
14 and 15.
(3) An adoptive parent may
request a review by the commissioner if criteria of 922 KAR 1:320, Section 8(2)
are met.
Section 8. Out-of-State
Request for PAPSS. The cabinet shall consider out-of-state requests for a child
adopted from the custody of the cabinet on a case-by-case basis, to include
considerations regarding the:
(1) Needs of the child;
(2) Consent of the parent;
and
(3) Extent of funds
available. (32 Ky.R. 178; 698; 901; eff. 11-16-2005; TAm. eff. 8-24-2010.)
