922 KAR 1:150.
''Baby Doe'' administrative regulation.
RELATES TO: KRS
600.020(1), 620.030-620.040, 620.180, 42 U.S.C. 5101, 45 C.F.R. 1340.15
STATUTORY
AUTHORITY: KRS 194A.050, 199.420, 620.180
NECESSITY,
FUNCTION, AND CONFORMITY: 42 U.S.C. 1397, "Block Grants for Social
Services - Title XX," authorizes grants to states for social services and
42 U.S.C. 510, Child Abuse Amendments of 1984, requires states to have in place
procedures or programs, or both, for accepting reports and taking necessary
remedial action to protect disabled infants with life-threatening conditions.
KRS 194A.050 authorizes the Cabinet for Health and Family Services to adopt
administrative regulations necessary to implement programs mandated by federal
law, or to qualify for receipt of federal funds and to cooperate with federal
agencies for the proper administration of the cabinet and its programs. The
function of this administrative regulation is to implement required procedures.
Section 1.
Services and Treatment for Disabled Infants. The Secretary of the Cabinet for
Health and Family Services hereby adopts by reference 45 C.F.R. Part 1340 dated
April 15, 1985 as amended July 5, 1990, Child Abuse and Neglect Prevention and
Treatment Program, which sets forth the criteria for the protection and care of
disabled infants with life-threatening conditions. Reports of suspected medical
neglect of disabled infants shall be made immediately to the Department for Community-Based
Services and may be made by use of the "Hotline" number which is
1-800-752-6200. 45 C.F.R. Part 1340 may be reviewed during regular working
hours at the Office of the Commissioner, Department for Community-Based
Services, 275 East Main Street, Frankfort, Kentucky. (10 Ky.R. 1236; eff.
7-10-84; Am. 12 Ky.R. 74; eff. 8-13-85; 18 Ky.R. 1601; eff. 1-10-92; Recodified
from 905 KAR 1:150, 10-30-98.)