922 KAR 1:140. Foster care and adoption permanency services

Link to law: http://www.lrc.ky.gov/kar/922/001/140.htm
Published: 2015

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      922 KAR 1:140. Foster care and

adoption permanency services.

 

      RELATES

TO: KRS 199.011(2), 199.555, 199.801, 600.020(6), 610.125, 610.127, 620.020(1),

(11), 620.060, 620.090, 620.140(1)(d), 620.180, 625.040, 625.090, 45 C.F.R.

1355 -1357, 25 U.S.C. 1901-1911, 42 U.S.C. 622(b)(9), 670-679b, 1996, 1996b

      STATUTORY

AUTHORITY: KRS 194A.050(1), 199.467, 620.180

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet

for Health and Family Services to promulgate, administer, and enforce those 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. Pursuant to the Adoption Assistance and Child Welfare Act of 1980, 42

U.S.C. Sections 620 to 679, KRS 199.467 requires the Secretary for Health and

Family Services to promulgate administrative regulations establishing specific

goals for the cabinet, for each fiscal year, regarding the maximum number of

children who will remain in foster care longer than twenty four (24) months,

and describing the steps to be taken to achieve the goals. KRS 620.180(2)

requires the cabinet to promulgate administrative regulations for status

review, ongoing case work, and supportive services to children in placement.

This administrative regulation establishes the maximum number of children

remaining in foster care longer than twenty four (24) months, and establishes

permanency services available to children in placement.

 

      Section

1. Definitions. (1) "Absent parent search" means cabinet initiated

efforts to locate a biological or legal parent, or a relative.

      (2)

"Cabinet" is defined by KRS 199.011(2) and 600.020(6).

      (3)

"Case permanency plan" is defined by KRS 620.020(1).

      (4)

"Concurrent planning" means the cabinet simultaneously plans for:

      (a)

The return of a child in the custody of the cabinet to the child's parent; and

      (b)

Another permanency goal for the child if return to parent is not achieved

within fifteen (15) of the last twenty two (22) months, in accordance with 42

U.S.C. 675(5)(E).

      (5)

"Parent" is defined by 42 U.S.C. 675(2).

      (6)

"Reasonable efforts" is defined by KRS 620.020(11).

      (7)

"Relative" means an individual related to a child by blood, marriage,

or adoption to a child.

      (8)

"Sufficient progress" means compliance with case permanency plan

objectives that support the safe return of the child to the child's parent.

 

      Section

2. Children in Care. Unless the secretary of the cabinet or designee approves

an exception based on overall trends in the foster care population, the maximum

number of children who receive foster care in excess of twenty four (24) months

shall be 3,000 during a state fiscal year.

 

      Section

3. Permanency Planning. (1) In a court permanency hearing held pursuant to KRS

610.125, the cabinet shall demonstrate that reasonable efforts to return the

child to the child's parent:

      (a)

Have been unsuccessful; or

      (b)

Are not required under the provisions of KRS 610.127.

      (2)

A child shall be removed from the child's home if:

      (a)

An emergency custody order has been obtained pursuant to KRS 620.060;

      (b)

A temporary custody order has been obtained pursuant to KRS 620.090; or

      (c)

A court orders the removal pursuant to KRS 620.140(1)(d).

      (3)

Upon removal of a child from the child's home, placement shall be:

      (a)

Selected according to the least restrictive appropriate placement available, as

required by KRS 620.090(2); and

      (b)

Closest in proximity to the child’s home, in accordance with KRS 199.801.

      (4)

In the provision of permanency services, the cabinet shall meet the

requirements of the:

      (a)

Indian Child Welfare Act in accordance with 25 U.S.C. 1901-1911, 42 U.S.C.

671(a)(32), and 42 U.S.C. 1996; or

      (b)

Multiethnic Placement Act as amended by the Interethnic Adoption Provisions of

1996 in accordance with 42 U.S.C. 622(b)(9), 671(a)(18), and 1996b.

      (5)

An absent parent search shall:

      (a)

Be conducted within thirty (30) days of a child entering the custody of the

cabinet;

      (b)

Be conducted to gather as much information as possible related to the person

and the person’s location which may include:

      1.

Date of birth;

      2.

Social Security number;

      3.

Present or previous employers; and

      4.

Present or most recent address; and

      (c)

Include a written record of all search attempts, written correspondence, and

telephone contacts with any person to assist in locating a parent or relative.

      (6)

If a relative placement is in the best interest of the child, the cabinet shall:

      (a)

Use an absent parent search to locate a relative;

      (b)

Conduct background checks on the relative consistent with a caretaker relative

pursuant to 922 KAR 1:490; and

      (c)

Complete a home evaluation with consideration given to the relative’s:

      1.

Willingness and ability to:

      a.

Protect the child from abuse or neglect;

      b.

Participate in the child’s case permanency plan;

      c.

Access:

      (i)

Transportation;

      (ii)

Telephone;

      (iii)

Medical services;

      (iv)

First aid supplies; and

      (v)

School;

      d.

Provide full-time care;

      e.

Provide for the child’s sleeping and eating;

      f.

Maintain adequate heat and ventilation in the home;

      g.

Use active smoke detectors in the home; and

      h.

Assure the child’s inaccessibility to:

      (i)

Medication;

      (ii)

Alcoholic beverages;

      (iii)

Poisonous or cleaning materials;

      (iv)

Firearms or ammunition; and

      (v)

Unsupervised contact with the birth parent; and

      2.

Understanding of the impact that familial abuse, neglect, or substance abuse

may have on a child and the child’s extended family.

      (7)

If the case conference held in compliance with KRS 620.180(2)(a)1 results in

the child being placed in the custody of the cabinet, the cabinet shall develop

and document a case permanency plan, using Form DPP-1281, Family Case Plan.

      (8)

The case permanency plan shall identify the permanency goal described in

Section 4(2) of this administrative regulation.

      (9)

Concurrent planning shall be considered:

      (a)

During development of the case permanency plan; and

      (b)

At the six (6) month case review.

 

      Section 4. Permanency Goals. (1) A permanency goal for a child in

the custody of the cabinet shall be established according to the particular

needs and best interest of the child.

      (2) A permanency goal shall include one (1) of the

following:

      (a) Return to parent;

      (b) Adoption;

      (c) Permanent relative placement;

      (d) Legal guardianship;

      (e) Another planned permanent living arrangement; or

      (f) Emancipation.

 

      Section 5. Return to Parent. (1) The cabinet shall recommend

to the court that a child in the custody of the cabinet is returned to the parent

if the cabinet determines:

      (a) A family has made sufficient progress toward completing

the case permanency plan; and

      (b) Return to the parent is in the best interest of the

child.

      (2) If the cabinet determines that a family has not made

sufficient progress towards achieving the objectives specified in the case

permanency plan, the cabinet shall seek a court order for:

      (a) A change in the permanency goal; or

      (b) Termination of parental rights or civil action.

      (3) If the court determines that a circumstance occurs that

negates the requirement to make reasonable efforts to reunify the child and

family, as described in KRS 610.127, the cabinet shall select a permanency goal

other than return to parent.

 

      Section 6. Adoption. (1) The permanency goal for a child in

the custody of the cabinet shall be adoption if:

      (a) The parent pursues voluntary termination of parental

rights pursuant to KRS 625.040; or

      (b) The cabinet pursues involuntary termination of parental

rights:

      1. Pursuant to KRS 625.090; or

      2. If the child has been in foster care for fifteen (15) of

the most recent twenty-two (22) months pursuant to 42 U.S.C. 675(5)(E).

      (2) The cabinet shall request an exception for proceeding

with involuntary termination of parental rights pursuant to subsection (1)(b)

of this section, if:

      (a) A relative placement has been secured;

      (b) Termination is not in the best interest of the child,

for a compelling reason:

      1. Documented in the case permanency plan; and

      2. Monitored on a continual basis; or

      (c) A service necessary for return to parent has not been provided

within the time period specified in the case permanency plan.

      (3) Cabinet staff shall consider involuntary termination of

parental rights at each permanency hearing held pursuant to KRS 610.125(1).

 

      Section 7. Permanent Relative Placement. The permanency goal

for a child in the custody of the cabinet shall be permanent relative placement

if:

      (1) Return to the parent is not in the child’s best

interest; and

      (2) The cabinet determines that a relative who does not

pursue adoption or legal guardianship is able to provide a permanent home for

the child.

 

      Section 8. Legal Guardianship. (1) The permanency goal for a

child in the custody of the cabinet shall be legal guardianship if the cabinet

determines that:

      (a) Return to the parent or adoption is not in the child’s

best interest;

      (b) There is an identified adult willing to seek legal

guardianship of this child; and

      (c) Legal guardianship by the adult identified in subsection

(1)(b) of this section is in the child's best interest.

      (2) Legal guardianship shall be requested pursuant to KRS

620.140(1)(c).

 

      Section 9. Another Planned Permanent Living Arrangement. (1)

The permanency goal for a child in the custody of the cabinet shall be another

planned permanent living arrangement if:

      (a) An unsuccessful effort has been made to place the child

for adoption or with a relative, and the child has been placed on a national

adoption register;

      (b) Other permanency goal options have been exhausted and

are no longer appropriate due to the specific circumstances of the child;

      (c) The cabinet has reviewed documentation that a goal of another

planned permanent living arrangement is in the best interest of the child;

      (d) The court has determined that another planned permanent

living arrangement is in the best interest of the child to be placed; and

      (e) The child has formed psychological ties with those with

whom the child lives, and adoption and guardianship have been discussed with

the care provider and are not viable alternatives.

      (2) Approval shall be obtained from the commissioner or designee

prior to the establishment of another planned permanent living arrangement as a

permanency goal for a child:

      (a) Under the age of sixteen (16); or

      (b) Placed with a private child caring agency.

 

      Section 10.

Emancipation. (1) The permanency goal for a child in the custody of the cabinet

shall be emancipation when:

      (a)

The youth is age sixteen (16) or older; and

      (b)

Other permanency options have been considered and are not appropriate due to

the specific circumstances of the child.

      (2)

If emancipation is established as a permanency goal, the youth shall be

referred to an independent living program administered by the cabinet.

 

      Section

11. Permanency Services. (1) The cabinet shall provide services for a child in

the custody of the cabinet so that permanency is achieved.

      (2)

Permanency services may include:

      (a)

Ongoing case work and monitoring of the family to:

      1.

Maintain the child safely in the child's home; and

      2.

Ensure safe return of the child if the goal is return to the parent;

      (b)

Adoption assistance pursuant to 922 KAR 1:050 or 922 KAR 1:060;

      (c)

Postfinalization adoption assistance if adoption assistance has not been

previously approved pursuant to KRS 199.555 and 199.557;

      (d)

Postadoption placement stabilization services as described in 922 KAR 1:530; or

      (e)

Referral to other cabinet and community resources necessary for the achievement

or maintenance of the child’s permanency goal. Other cabinet resources for a

prospective or existing permanent relative placement may include:

      1.

The Kentucky Transitional Assistance Program (K-TAP) for a child if an

application is made in accordance with 921 KAR 2:006 and 921 KAR 2:016;

      2.

Health benefits for a child if an application is made in accordance with 907

KAR 1:610, 907 KAR 4:020, or 907 KAR 4:030;

      3.

Supplemental Nutrition Assistance Program (SNAP) benefits for a household if an

application is made in accordance with 921 KAR 3:030; or

      4.

Relative placement support benefit in accordance with 922 KAR 1:400, to the

extent funds are available.

 

      Section

12. Incorporation by Reference. (1) "DPP-1281, Family Case Plan",

9/08, is incorporated by reference.

      (2)

This material may be inspected, copied, or obtained, subject to applicable

copyright law, at the Department for Community Based Services, 275 East Main

Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (9 Ky.R. 667; eff. 12-1-82; Am.

10 Ky.R. 690; eff. 12-2-83; 16 Ky.R. 1067; eff. 1-12-90; 20 Ky.R. 2406; eff.

3-23-94; Recodified from 905 KAR 1:140, 10-30-98; 26 Ky.R. 2423; 27 Ky.R. 814;

1274; eff. 11-17-2000; 35 Ky.R. 1365; 1823; eff. 2-6-09; 39 Ky.R. 2225; 40 Ky.R.

554; eff. 9-18-2013.)