922 KAR 1:530. Post-adoption placement stabilization services

Link to law: http://www.lrc.ky.gov/kar/922/001/530.htm
Published: 2015

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      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.)