922 KAR 1:350. Family preparation.
RELATES TO: KRS 61.870-61.884, Chapter 151, 194A.060,
199.011(7), 202A.011(12), Chapter 211, 311.720(9), 311.840(3), 314.011(5), (7),
and (9), 605.090, 620.030, 620.050, Chapter 625, 16 C.F.R. 1508 and 1509, 45
C.F.R. Parts 160, 164, 8 U.S.C. 1151, 42 U.S.C. 671(a)(23)
STATUTORY AUTHORITY: KRS 194A.050(1), 199.472,
605.100(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1)
requires the Secretary for the Cabinet for Health and Family Services to
promulgate administrative regulations necessary to operate programs and fulfill
the responsibilities vested in the cabinet. KRS 605.100(1) requires the cabinet
to arrange programs designed to provide for classification, segregation, and
specialized treatment of children according to their respective problems,
needs, and characteristics. KRS 199.472 authorizes the cabinet to promulgate
administrative regulations to establish the process of determining an
applicant's capacity for foster or adoptive parenthood. This administrative
regulation establishes criteria for resource homes and respite care providers
caring for foster or adoptive children.
Section 1. Definitions. (1) "Applicant"
means an individual or family, subject to approval by the cabinet as a resource
home.
(2) "Commissioner" means commissioner of the
Department for Community Based Services.
(3) "Health professional" means a person
actively licensed as a:
(a) Physician as defined by KRS 311.720(9);
(b) Physician’s assistant as defined by KRS 311.840(3);
(c) Advanced registered nurse practitioner as defined
by KRS 314.011(7); or
(d) Registered nurse as defined by KRS 314.011(5)
under the supervision of a physician.
(4) "Independent living services" means
services provided to youth to assist them in the transition from the dependency
of childhood to living independently.
(5) "Medically-fragile child" means a child
who has a medical condition as defined in Section 6(1)(b) of this
administrative regulation.
(6) "Professional experience" means paid
employment or volunteer work in a setting where there is supervision and
periodic evaluation.
(7) "Resource home" means a home in which a
parent is approved by the cabinet to provide services as specified in Section
3(12) of this administrative regulation.
(8) "Respite care" means temporary care
provided by a provider, as specified in Section 21 of this administrative
regulation, to:
(a) Provide relief to the resource home parents; or
(b) Allow for an adjustment period for the child in
out-of-home care.
(9) "Specialized medically-fragile child"
means a child determined by the cabinet to have a medical condition, documented
by a physician, that is severe enough to require placement with a resource home
parent who is a:
(a) Health professional;
(b) Registered nurse as defined in KRS 314.011(5); or
(c) Licensed practical nurse as defined by KRS
314.011(9).
Section 2. Out-of-home Placement in a Resource Home
Providing Only Foster Care Services. (1) Unless an exception is approved pursuant
to subsection (2) of this section, the following requirements apply to resource
homes providing only foster care services:
(a) No more than five (5) children, including children
under the custodial control of the cabinet and the resource home parent’s own
children living at home, shall reside in a resource home that provides only
foster care services;
(b) No more than two (2) children under age two (2),
including children placed in out-of-home care by the cabinet and the resource
home parent's own children, may reside at the same time in a resource home that
provides only foster care services; and
(c) A medically fragile child shall be placed in an
approved medically fragile home.
(2) To request an exception to subsection (1) of this
section, the following forms shall be submitted to designated cabinet staff
within ten (10) working days of placement:
(a) DPP-112A, Placement Exception Request; and
(b) DPP-112B, Placement Exception Plan, documenting
the:
1. Reason the placement is in the best interest of the
child; and
2. Specific support services to be provided.
(3) Cabinet staff shall inform the resource home
parent of conditions related to the child in accordance with:
(a) KRS 605.090(1)(b); and
(b) KRS 605.090(6).
Section 3. General Requirements for a Resource Home Parent.
(1)(a) Unless an exception is approved by designated cabinet staff, a resource
home applicant shall be:
at least twenty-one (21) years of age.
(b) A resource home applicant shall show proof of the
applicant's United States citizenship or legal immigrant status, as described
in 8 U.S.C. 1151.
(2) A resource home applicant between eighteen (18) to
twenty-one (21) years of age may be approved as a resource home parent if:
(a) The resource home applicant is related to the child
under the custodial control of the cabinet;
(b) The resource home applicant can meet the needs of
the child; and
(c) Cabinet staff determines the placement is in the
best interest of the child.
(3) A department employee who provides protection and
permanency services may apply to adopt a child in the care and custody of the
cabinet if the:
(a) Department employee:
1. Had no relationship with the child or a parent of
the child prior to the termination of parental rights in accordance with KRS
Chapter 625; or
2. Has adopted a sibling of the child available for
adoption; and
(b) Commissioner approves the employee to adopt.
(4) A department employee who provides protection and
permanency services shall be prohibited from becoming a respite care provider
or resource home parent who provides foster care services or respite care for a
child in the care and custody of the cabinet, regardless of the child’s
residence, unless the:
(a) Department employee was a resource home parent or
a respite care provider for the child when employment with the department began;
and
(b) Commissioner approves the employee to be a respite
care provider or resource home parent who provides foster care services or
respite care for the child.
(5) A married couple may apply to become resource home
parents.
(6) A single unmarried person may apply to become a resource
home parent.
(7) The decision to foster or adopt a child shall be
agreed to by each adult member of the applicant’s household.
(8)(a) Each adult member of the applicant's family
shall submit a DPP-107, Health Information Required for Resource Home
Applicants or Adult Household Members, completed:
1. By a health professional, stating that the
individual is free of a:
a. Communicable or infectious disease; and
b. Condition that presents a health or safety risk to
a child placed in the applicant's home; and
2. As a part of:
a. The initial application; or
b. A resource home review pursuant to Section 17 of
this administrative regulation.
(b) Each resource home parent applicant shall submit a
DPP-107 current within one (1) year, completed by a health professional, attesting
to the parent applicant's:
1. General health, including that the applicant is
free of communicable diseases; and
2. Medical ability to care for a child placed in the
applicant's home.
(9) Each resource home parent applicant shall submit a
DPP-108, Health Information Required for Resource Home Applicants Regarding
Dependent Children, for each child member of the applicant family.
(10) A resource home applicant shall have a source of
income:
(a) Sufficient to meet the applicant's household
expenses; and
(b) Separate from:
1. Foster care reimbursement; or
2. Adoption assistance.
(11) Unless specified in a contract between the
cabinet and a child welfare agency that provides foster care services, a resource
home parent shall accept a child for foster care only from the cabinet.
(12) An approved resource home parent shall be willing
to:
(a) Provide foster care services for a child placed in
out-of-home care by the cabinet;
(b) Adopt a child:
1. Whose parent’s parental rights have been
terminated; and
2. Who is under the custodial control of the cabinet;
(c) Provide respite care for a child under the
custodial control of the cabinet; or
(d) Provide any combination of the services described
in paragraphs (a) through (c) of this subsection.
(13) A resource home applicant shall provide to the
cabinet:
(a) The names of three (3) personal references who:
1. Are not related to the applicant; and
2.a. Shall be interviewed by cabinet staff in person
or by telephone; or
b. Shall provide letters of reference for the
applicant; and
(b) Two (2) credit references.
(14) Adult children of the resource home applicant who
do not live in the home shall be contacted by cabinet staff regarding the applicant's
parenting history.
(15) If applicable, verification shall be obtained
from the resource home applicant regarding:
(a) Previous divorce;
(b) Death of a spouse; and
(c) Present marriage.
(16) A resource home applicant who does not have
custody of his or her own biological child shall provide:
(a) A copy of the visitation order, if applicable;
(b) A copy of the child support order; and
(c) Proof of current payment of child support.
(17) A resource home applicant and any member of the
applicant's household shall submit to the background checks in accordance with
922 KAR 1:490.
(18) The cabinet shall perform background checks in
accordance with criteria established in 922 KAR 1:490.
Section 4. Home Environment. (1)(a) Following approval
as a resource home, the resource home may request written approval from
designated cabinet staff to provide services as a certified:
1. Provider of supports for community living in
accordance with 907 KAR 1:145; or
2. Family child care home in accordance with 922 KAR
2:100.
(b) Except as provided in paragraph (a) of this
subsection, an approved resource home shall not simultaneously:
1. Provide day care center services in accordance with
922 KAR 2:090; and
2. Be used as a licensed or certified health care or
social service provider.
(2) If the resource home adjoins a place of business
open to the public, potential negative impact on the family and the child shall
be examined including the:
(a) Hours of operation;
(b) Type of business; and
(c) Clientele.
(3) The resource home parent shall have access to:
(a) Reliable transportation;
(b) School;
(c) Recreation;
(d) Medical care; and
(e) Community facilities.
(4) A resource home parent who drives shall:
(a) Possess a valid driver’s license;
(b) Possess proof of liability insurance; and
(c) Abide by passenger restraint laws.
(5) Up to four (4) children, including the resource
home parent's own children, may share a bedroom.
(6) Each child shall have:
(a) A separate bed that is age and size appropriate
for the child; or
(b) If the child is under age one (1), a crib that
meets Consumer Products Safety Commission standards, 16 C.F.R. 1508 and 1509.
(7) Except as approved by designated cabinet staff, a
resource home parent shall not share a bedroom with a child under the custodial
control of the cabinet.
(8) A bedroom used by a child under the custodial
control of the cabinet shall be comparable to each bedroom in the house.
(9) The physical condition of the resource home shall:
(a) Not present a hazard to the safety and health of a
child;
(b) Be well heated and ventilated;
(c) Comply with state and local health requirements
regarding water and sanitation, including KRS Chapters 151 and 211; and
(d) Provide indoor and out-of-door recreation space
appropriate to the developmental needs of a child placed in the resource home.
(10) The following shall be inaccessible to a child:
(a) Medication;
(b) Alcoholic beverage;
(c) Poisonous or cleaning material;
(d) Ammunition; and
(e) Firearms.
(11) A dangerous animal shall not be allowed near the
child.
(12) Medication shall be kept in a locked container.
(13) First aid supplies with unexpired dates shall be
available and stored in a place easily accessible to an adult.
(14) A working telephone shall be available in the
home.
(15) The home shall be equipped with a working smoke
alarm within ten (10) feet of each bedroom.
Section 5. Emergency Shelter Resource Home. (1) An
applicant shall be approved as an emergency shelter resource home if the parent:
(a) Meets the requirements of Sections 3 and 4 of this
administrative regulation;
(b) Cares for a child in the custody of the cabinet
age twelve (12) or above who needs immediate, unplanned care for fourteen (14)
days or less, unless designated cabinet staff approve:
1. An exception to the minimum age for a child age
eight (8) or over; or
2. An extension to the days of unplanned care, not to
exceed a period of sixteen (16) days; and
(c) Completes ten (10) hours of cabinet-sponsored
training or training approved in advance by the cabinet beyond the initial thirty
(30) hours of family preparation as required by Section 9 of this administrative
regulation.
(2) An approved emergency shelter resource home parent
shall receive reapproval as an emergency shelter resource home if the parent
completes ten (10) hours of ongoing cabinet-sponsored training or training
approved in advance by the cabinet:
(a) Beyond the annual six (6) hour requirement specified
in Section 15 of this administrative regulation; and
(b) Before the anniversary date of the original
approval as a resource home.
Section 6. Medically-fragile Resource Home. (1) An
applicant shall be approved by cabinet staff as a medically-fragile resource
home if the resource home parent:
(a) Meets the requirements in Sections 3 and 4 of this
administrative regulation;
(b) Cares for a child in the custody of the cabinet
who is approved by cabinet staff as medically-fragile because of a:
1. Medical condition documented by a physician that
may become unstable and change abruptly resulting in a life-threatening
situation;
2. Chronic and progressive illness or medical
condition;
3. Need for a special service or ongoing medical
support; or
4. Health condition stable enough to be in a home
setting only with monitoring by an attending:
a. Health professional;
b. Registered nurse as defined by KRS 314.011(5); or
c. Licensed practical nurse as defined by KRS
314.011(9);
(c) Is a primary caretaker who is not employed outside
the home, except as approved by designated cabinet staff;
(d) Unless meets an exception in subsection (2) of
this section completes:
1. A medically-fragile curriculum approved by the
cabinet; or
2. An additional:
a. Twenty-four (24) hours of cabinet-sponsored training
or training approved in advance by the cabinet, beyond the family preparation
as required by Section 9 of this administrative regulation, in the areas of:
(i) Growth and development;
(ii) Nutrition;
(iii) Medical disabilities; and
(iv) Cardiopulmonary resuscitation, "CPR",
and first aid; or
b. Sixteen (16) hours of cabinet-sponsored training or
training approved in advance by the cabinet, beyond the family preparation as
required by Section 9 of this administrative regulation, if the resource parent
holds a current certificate in cardiopulmonary resuscitation (CPR) and first
aid;
(e) Receives training from a health professional in
how to care for the specific medically-fragile child who shall be placed;
(f) Maintains current certification in:
1. CPR; and
2. First aid; and
(g) Has a home within:
1. One (1) hour of a medical hospital with an
emergency room; and
2. Thirty (30) minutes of a local medical facility.
(2) Professional experience related to the care of a
medically-fragile child may substitute for the training requirement specified
in subsection (1)(d) of this section:
(a) Upon the approval of designated cabinet staff; and
(b) If the resource home parent is a:
1. Health professional;
2. Registered nurse as defined by KRS 314.011(5); or
3. Licensed practical nurse as defined by KRS
314.011(9).
(3) Except for a sibling group or unless approved by
designated cabinet staff, no more than four (4) children, including the resource
home parent’s own children, shall reside in a medically-fragile resource home.
(4) Unless an exception is approved pursuant to
Section 2(2) of this administrative regulation and a medically-fragile resource
home has daily support staff to meet the needs of a medically-fragile child:
(a) A one (1) parent medically-fragile resource home
shall:
1. Not care for more than one (1) medically-fragile
child; and
2. Demonstrate access to available support services;
and
(b) A two (2) parent medically-fragile resource home
shall:
1. Not care for more than two (2) medically-fragile
children; and
2. Demonstrate access to available support services.
(5) Unless an exception pursuant to Section 2(2) of
this administrative regulation is approved, a medically-fragile child shall be
placed in an approved medically-fragile home.
(6) Unless the resource home is closed, pursuant to
Section 18 of this administrative regulation, an approved medically-fragile
resource home parent shall receive annual reapproval by the cabinet as a medically-fragile
resource home if the parent:
(a) Annually completes, prior to the anniversary date
of the original approval as a resource home:
1. Twenty-four (24) hours of ongoing cabinet-sponsored
training or training approved in advance by the cabinet in the areas described
in subsection (1)(d)2a of this section; or
2. Sixteen (16) hours of ongoing cabinet-sponsored
training or training approved in advance by the cabinet, if the resource home
parent maintains certification in CPR and first aid; and
(b) Continues to meet the requirements of this section.
(7) An approved medically-fragile resource home parent
shall cooperate in carrying out the child’s health plan.
Section 7. Care Plus Resource Home. (1) An applicant shall
be approved by cabinet staff as a care plus resource home parent if the resource
home parent:
(a) Meets the requirements of Sections 3 and 4 of this
administrative regulation;
(b) Cares for a child in the custody of the cabinet approved
by cabinet staff as a care plus child because the child who:
1. Has an emotional or behavioral problem;
2. Is due to be released from a treatment facility;
3. Displays aggressive, destructive, or disruptive
behavior;
4. Is at risk of being placed in a more restrictive
setting;
5. Is at risk of institutionalization; or
6. Has experienced numerous placement failures;
(c) Is a primary caretaker who is not employed outside
the home, unless the cabinet determines that the child's needs continue to be
met;
(d) Completes and receives a certificate of completion
for the twenty-four (24) hour care plus resource home training beyond the
family preparation as required in Section 9 of this administrative regulation;
(e) Maintains a daily record of the child’s activities
and behaviors; and
(f) Attends all case planning conferences.
(2) Unless an exception is approved pursuant to
Section 2(2) of this administrative regulation and the care plus resource home
has daily support staff to meet the needs of a child described in subsection
(1)(b) of this section:
(a) No more than four (4) children, including the
resource home parent’s own children, shall reside in a care plus resource home.
(b)1. A one (1) parent care plus resource home shall:
a. Not care for more than one (1) care plus child as
described in subsection (1)(b) of this section; and
b. Demonstrate access to available support services;
and
2. A two (2) parent care plus resource home shall:
a. Not care for more than two (2) care plus children
as described in subsection (1)(b) of this section and, including the care plus
resource home parent’s own child; and
b. Demonstrate access to available support services.
(3) Unless the resource home is closed pursuant to
Section 18 of this administrative regulation, an approved care plus resource
home parent shall receive annual reapproval by the cabinet as a care plus
resource home, if the parent:
(a) Annually completes twenty-four (24) hours of
ongoing cabinet-sponsored training or training approved in advance by the
cabinet before the anniversary date of the original approval as a resource
home; and
(b) Submits to a review of the parent's:
1. Strengths and needs;
2. Records maintained on services provided to the
child; and
3. Ability to meet the goals established for the
child; and
(c) Continues to meet the requirements of this
section.
(4) Professional experience related to the care of a
child described in subsection (1)(b) of this section may substitute for the
training requirement specified in subsection (3)(a) of this section, if the
care plus resource parent is a qualified mental health professional as defined by
KRS 202A.011(12).
Section 8. Specialized Medically-fragile Resource
Home. (1) An applicant shall be approved by cabinet staff as a specialized
medically-fragile resource home if the applicant:
(a) Meets the requirements in Sections 3 and 4 of this
administrative regulation;
(b) Cares for a child in the custody of the cabinet
approved by cabinet staff as a specialized medically-fragile child;
(c) Is a primary caretaker who is not employed outside
the home, unless the cabinet determines that the child's needs continue to be
met;
(d) Completes:
1. A medically-fragile curriculum approved by the
cabinet; or
2. An additional:
a. Twenty-four (24) hours of cabinet-sponsored
training or training approved in advance by the cabinet beyond the family
preparation required in Section 9 of this administrative regulation, in the
areas described in Section 6(1)(d)2a; or
b. Sixteen (16) hours of cabinet-sponsored training or
training approved in advance by the cabinet beyond the family preparation required
in Section 9 of this administrative regulation, if the resource home parent
maintains certification in CPR and first aid;
(e) Receives individual documented training from a
health professional or licensed practical nurse as defined by KRS 314.011(9) in
how to care for the specific specialized medically-fragile child who shall be
placed in the resource home;
(f) Maintains current certification in:
1. CPR; and
2. First aid; and
(g) Has a home within:
1. One (1) hour of a medical hospital with an
emergency room; and
2. Thirty (30) minutes of a local medical facility.
(2) Unless an exception is approved pursuant to
Section 2(2) of this administrative regulation, no more than four (4) children,
including the resource home parent’s own children, shall reside in a
specialized medically-fragile resource home.
(3) Unless an exception is approved pursuant to
Section 2(2) of this administrative regulation and a specialized
medically-fragile resource home has daily support staff to meet the needs of a
medically-fragile child:
(a) A one (1) parent specialized medically-fragile
resource home shall:
1. Not care for more than one (1) specialized
medically-fragile child; and
2. Demonstrate access to available support services;
and
(b) A two (2) parent specialized medically-fragile
resource home shall:
1. Not care for more than two (2) specialized
medically-fragile children; and
2. Demonstrate access to available support services.
(4) An approved specialized medically-fragile resource
home parent shall receive annual reapproval as a specialized medically-fragile
resource home if the parent:
(a) Annually completes, prior to the anniversary date
of the original approval as a resource home:
1. Twenty-four (24) hours of ongoing cabinet-sponsored
training or training approved in advance by the cabinet in the areas described
in Section 6(1)(d)2a of this administrative regulation; or
2. Sixteen (16) hours of ongoing cabinet-sponsored
training or training approved in advance by the cabinet, if the resource home
parent holds a current certificate in CPR and first aid; and
(b) Continues to meet the requirements of this
section.
(5) Professional experience related to the care of a
specialized medically-fragile child may substitute for the training requirement
specified in subsection (1)(d) of this section, upon the approval of designated
cabinet staff if the resource home parent is a:
(a) Health professional;
(b) Registered nurse as defined by KRS 314.011(5); or
(c) Licensed practical nurse as defined by KRS
314.011(9).
(6) An approved specialized medically-fragile resource
home parent shall cooperate with the cabinet in carrying out the child’s health
plan.
Section 9. Preparation and Selection of a Resource
Home Parent. (1) The cabinet shall recruit a resource home and approve the resource
home prior to the placement of a child.
(2) A resource home applicant shall complete a:
(a) Minimum of thirty (30) hours of initial family
preparation; and
(b) Curriculum approved by designated cabinet staff,
including the following topics:
1. Orientation to the cabinet’s resource home program;
2. An example of an actual experience from a resource
home parent who has fostered a child; and
3. Information regarding:
a. The stages of grief;
b. Identification of the behavior linked to each stage
of grief;
c. The long-term effect of separation and loss on a
child;
d. Permanency planning for a child, including
independent living services;
e. The importance of attachment on the growth and
development and how a child may maintain or develop a healthy attachment;
f. Family functioning, values, and expectations of a
foster home;
g. Cultural competency;
h. How a child comes into the care and custody of the
cabinet, and the importance of achieving permanency;
i. Types of maltreatment and experiences in foster
care and adoption;
j. The importance of birth family and culture and
helping children leave foster care; and
k. Identification of changes that may occur in the
home if a placement occurs, to include:
(i) Family adjustment and disruption;
(ii) Identity issues;
(iii) Discipline issues and child behavior management;
and
(iv) Specific requirements and responsibilities of a
resource home parent.
(3) Except for a cabinet-approved individualized
preparation program, family preparation for placement of a child under the
custodial control of the cabinet shall be completed in a group setting by each
adult who resides in the household and provides care.
(4) If a new adult moves into an approved resource
home where a child is already placed by the cabinet, the child may remain and
additional children may be placed, if the new adult:
(a) Completes training in accordance with subsection
(2) of this section within six (6) months of entering the home; and
(b) Meets the requirements specified in Sections 3 and
4 of this administrative regulation.
(5) An adult child or elderly person who resides in
the resource home shall not be required to complete family preparation if that
individual shall not be responsible for routine daily care of a child placed in
the home by the cabinet.
(6) The cabinet shall not be obligated to grant
resource home approval or placement of a specific child to an individual or family
that completes family preparation.
(7) The purpose of family preparation shall be to:
(a) Orient the applicant to the philosophy and process
of the cabinet’s family foster care or adoption programs;
(b) Develop greater self-awareness on the part of the
applicant to determine strengths and needs;
(c) Sensitize the applicant to the kinds of
situations, feelings, and reactions that are apt to occur with a child in the
custody of the cabinet; and
(d) Effect behavior so that an applicant may better
fulfill the role as a resource home parent of a child.
(8) The family preparation process shall emphasize:
(a) Self-evaluation;
(b) Participation in small group exercises; and
(c) Discussion with experienced resource home parents.
(9) In addition to completion of the family
preparation curriculum, at least two (2) family consultations shall be
conducted by cabinet staff in the home of an applicant, to include:
(a) Documentation that the requirements in Sections 3
and 4 of this administrative regulation have been met;
(b) Documentation that a personal interview with each
member of the applicant’s household has been completed;
(c) Discussion of the attitude of each member of the
applicant’s household toward placement of a child;
(d) Observation of the functioning of the applicant's
household, including interpersonal relationships and patterns of interaction;
and
(e) Assurance that the applicant is willing to accept
a child’s relationship with the child’s family of origin.
(10) An applicant approved as a foster or adoptive
parent or respite care provider by another state, or by a child-placing agency
as described by KRS 199.011(7) shall:
(a) Be assessed by cabinet staff to ascertain the
applicant's level of skill as a potential Kentucky resource home parent;
(b) Provide verification of the closure and a
statement to indicate whether the closure was at the request of the resource
home parent, the other state, or the agency; and
(c) Not be required to complete the family preparation
process for approval as a Kentucky resource home parent if cabinet staff:
1. Determine that the applicant possesses the
necessary skills for fostering; and
2. Obtain records and recommendation from the other
state or child-placing agency.
(11) If cabinet staff determines that an applicant
described in subsection (4) or (10) of this section lacks the necessary skills
to become a resources home parent, an individualized preparation curriculum
shall be developed to fulfill unmet training needs.
(12)(a) A resource home parent shall request the
recommendation of cabinet staff prior to enrolling in training specified in
Section 5(1)(c), 6(1)(d), 7(1)(d), or 8(1)(d) of this administrative
regulation; and
(b) Cabinet staff may recommend the resource home
parent to receive training specified in Section 5(1)(c), 6(1)(d), 7(1)(d), or
8(1)(d) of this administrative regulation if the resource home parent possesses
the aptitude to care for a child described in Section:
1. Section 5(1)(b) of this administrative regulation;
2. 6(1)(b) of this administrative regulation;
3. 7(1)(b) of this administrative regulation; or
4. 8(1)(b) of this administrative regulation.
Section 10. Completion of the Resource Home Approval
Process. (1) Designated cabinet staff in a supervisory role shall approve a resource
home applicant if:
(a) The applicant provides written and signed
information pertaining to family history and background;
(b) The applicant completes family preparation as
required by Section 9(2) of this administrative regulation;
(c) The information required in Section 3(8) through
(10) and (13) through (17) of this administrative regulation has been obtained;
(d) Designated cabinet staff recommends approval; and
(e) The applicant’s ability to provide a foster,
adoptive, or respite care service is consistent with the:
1. Cabinet’s minimum resource home requirements established
in this administrative regulation; and
2. Needs of the families and children served by the
cabinet.
(2) If the designated cabinet staff determines that an
applicant does not meet the minimum requirements for approval as a resource
home parent, the cabinet shall recommend that the applicant withdraw the
request.
Section 11. Denial of a Resource Home Request. (1)
Designated cabinet staff shall notify an applicant, in writing, if the request
to become a resource home parent is not recommended for one (1) of the
following reasons:
(a) The applicant is unwilling to withdraw the request
to become a resource home parent after receiving a recommendation to withdraw;
or
(b) The applicant desires to adopt, but is unwilling
to adopt a child under the custodial control of the cabinet.
(2) If the resource home applicant disagrees with the
cabinet's recommendation to not accept the applicant as a resource home, designated
cabinet staff shall review the request to become a resource home parent and issue
a final written determination regarding the cabinet's recommendation.
Section 12. Expectations of Resource Homes Providing
Foster Care Services. A resource home parent providing foster care services
shall:
(1) Provide a child placed by the cabinet with a
family life, including:
(a) Nutritious food;
(b) Clothing comparable in quality and variety to that
worn by other children with whom the child may associate;
(c) Affection;
(d) Training;
(e) Recreational opportunities;
(f) Educational opportunities;
(g) Nonmedical transportation;
(h) Independent living services, for a child age
twelve (12) and older; and
(i) Opportunities for development consistent with
their religious, ethnic and cultural heritage;
(2) Permit cabinet staff to visit;
(3) Share with cabinet staff pertinent information
about a child placed by the cabinet;
(4) Comply with the general supervision and direction
of the cabinet concerning the care of a child placed by the cabinet;
(5) Report immediately to the cabinet if there is a:
(a) Change of address;
(b) Medical condition, accident or death of a child
placed by the cabinet;
(c) Change in the number of people living in the home;
(d) Significant change in circumstances in the
resource home, such as income loss, marital separation, or other household
stressor;
(e) An absence without official leave;
(f) A suicide attempt; or
(g) Criminal activity by the child requiring
notification of law enforcement;
(6) Notify the cabinet if:
(a) Leaving the state with a child placed by the
cabinet for more than two (2) nights; or
(b) A child placed by the cabinet is to be absent from
the resource home for more than three (3) days;
(7) Cooperate with the cabinet if a contact is
arranged by cabinet staff between a child placed by the cabinet and the child’s
birth family including:
(a) Visits;
(b) Telephone calls; or
(c) Mail;
(8) Surrender a child to the authorized representative
of the cabinet upon request;
(9) Keep confidential all personal or protected health
information as shared by the cabinet, in accordance with KRS 194A.060, 620.050
and 45 C.F.R. Parts 160 and 164, concerning a child placed by the cabinet or
the child’s birth family;
(10) Support an assessment of the service needs of a
child placed by the cabinet;
(11) Participate in case-planning conferences
concerning a child placed by the cabinet;
(12) Cooperate with the implementation of the
permanency goal established for a child placed by the cabinet;
(13) Notify the cabinet at least ten (10) calendar
days in advance of the home becoming certified to provide foster care or
adoption services through a private child-placing agency in accordance with 922
KAR 1:310;
(14) Treat a child placed by the cabinet with dignity;
(15) Arrange for respite care services in accordance
with Section 13(5) of this administrative regulation;
(16) Ensure that a child in the custody of the cabinet
receives the child’s designated per diem allowance;
(17) Facilitate the delivery of medical care to a
child placed by the cabinet as needed, including:
(a) Administration of medication to the child and
daily documentation of the medication’s administration; and
(b) Annual physicals and examinations for the child;
and
(18) Report suspected incidents of child abuse,
neglect, and exploitation in accordance with KRS 620.030.
Section 13. Reimbursements for Resource Homes
Providing Foster Care Services. (1) Types of per diem reimbursement. The
cabinet shall approve a resource home as specified in Sections 3 and 4 of this
administrative regulation and authorize a per diem reimbursement as follows:
(a) A basic per diem reimbursement shall be:
1. Based on the age of a child placed by the cabinet
in the resource home; and
2. Made to the resource home parent that:
a. Does not meet criteria specified in paragraphs (b)
through (j) of this subsection; and
b. Meets annual training required in Section 15(1)(a)
of this administrative regulation.
(b) An advanced per diem reimbursement shall be:
1. Made to a resource home who:
a. Has completed twenty-four (24) hours of advanced
training, including training on child sexual abuse, beyond the family preparation,
specified in Section 9(2) of this administrative regulation; and
b. Completes twelve (12) hours of ongoing
cabinet-sponsored training or cabinet-approved training each year; and
2. Based on the age of the child placed by the cabinet
in the resource home.
(c) An emergency shelter per diem reimbursement shall:
1. Be made to a resource home parent who:
a. Meets criteria specified in Section 5 of this
administrative regulation; and
b. Cares for a child, described in Section 5(1)(b) of
this administrative regulation, who is placed by the cabinet; and
2.a Be reimbursed for no more than fourteen (14) days,
unless an extension is granted in accordance with Section 5(1)(b)2 of this administrative
regulation; or
b. After fourteen (14) days revert to:
(i) A basic per diem reimbursement, described in
paragraph (a) of this subsection; or
(ii) An advanced per diem reimbursement, if the
resource home foster parent meets training requirements specified in paragraph
(b)1a and b of this subsection.
(d) A basic medically-fragile per diem reimbursement
shall be made to a resource home parent who:
1. Meets criteria specified in Section 6 of this
administrative regulation;
2. Provides for the care of a medically-fragile child.
(e) An advanced medically-fragile per diem
reimbursement shall be made to a resource home parent who:
1. Meets criteria specified in Section 6 of this
administrative regulation;
2. Maintains a current license as a licensed practical
nurse in accordance with KRS 314.011(9);
3. Provides for the care of a medically-fragile child.
(f) A degreed medically-fragile per diem reimbursement
shall be made to a resource home parent who:
1. Meets criteria specified in Section 6 of this
administrative regulation; and
2. Maintains a current license as a:
a. Registered nurse in accordance with KRS 314.011(5);
or
b. Health professional; and
3. Provides for the care of a medically-fragile child.
(g) A basic care plus resource home per diem
reimbursement shall be made to a resource home parent who:
1. Meets criteria specified in Section 7 of this
administrative regulation; and
2. Provides for the care of a child described in
Section 7(1)(b) of this administrative regulation.
(h) An advanced care plus resource home per diem
reimbursement shall be made to a resource home parent who:
1. Meets criteria specified in Section 7 of this
administrative regulation;
2. Has one (1) year of experience as a care plus
resource home; and
3. Provides for the care of a child described in
Section 7(1)(b) of this administrative regulation.
(i) An advanced specialized medically-fragile per diem
reimbursement shall be made to a resource home parent who:
1. Meets criteria specified in Section 8 of this
administrative regulation;
2. Maintains a current license as a licensed practical
nurse in accordance with KRS 314.011(9); and
3. Provides for the care of a specialized
medically-fragile child.
(j) A degreed specialized medically-fragile per diem
reimbursement shall be made to a resource home parent who:
1. Maintains a current license as a:
a. Licensed registered nurse in accordance with KRS
314.011(5); or
b. Physician in accordance with KRS 311.720(9);
2. Meets criteria specified in Section 8 of this
administrative regulation; and
3. Provides for the care of a specialized
medically-fragile child.
(k) Upon placement of a child by the cabinet, a per
diem reimbursement shall:
1. Be specified in a contract between an approved
resource foster home and the cabinet; and
2. Provide for the care of a child placed by the
cabinet, to include:
a. Housing expenses;
b. Food-related expenses;
c. Nonmedical transportation;
d. Clothing;
e. Allowance;
f. Incidentals;
g. Babysitting, excluding childcare authorized in
subsection (4)(b) of this section;
h. Sports, recreation and school activities;
i. One (1) day of respite care per child per month;
and
j. School expenses.
(2) Medical coverage.
(a) Cabinet staff may authorize payment for medical
expenses for a child in the custody of the cabinet after verification is provided
that the child is not covered by health insurance, Medicaid or the Kentucky
Children’s Health Insurance Program ("K-CHIP").
(b) Designated cabinet staff shall approve
authorization of payment for a medical treatment greater than $500.
(3) Child care services.
(a) The cabinet shall review requests for child care
services every six (6) months for a working resource home parent who provides
foster care services.
(b) Designated cabinet staff may approve requests for
child care services for a nonworking resource home parent who provides foster
care services:
1. If a medical crisis affects the resource home
parent; or
2. To allow for an adjustment period for the child.
(c) Designated cabinet staff shall review approved requests
for child care services for a nonworking resource home parent every three (3)
months.
(4) Training. To the extent funds are available and in
accordance with Section 15(4) of this administrative regulation, the cabinet
shall provide a reimbursement to an approved resource home that provides foster
care services for ongoing training expenses commensurate with the resource home
parent’s training needs, including:
(a) Mileage;
(b) Babysitting; and
(c) Tuition or fees.
(5) Respite care.
(a) Except for a child in an emergency shelter
resource home, respite care shall be available for a child placed by the
cabinet in a resource home that provides foster care services.
(b) A resource home that provides foster care services
shall be eligible for one (1) day of respite care per month per child.
(c) A resource home that cares for a child in the
custody of the cabinet and meets criteria established in Sections 6 through 8
of this administrative regulation shall be eligible for three (3) days of
respite care per month per child.
(d) Designated cabinet staff may extend respite care
up to fourteen (14) days, if designated cabinet staff document that the:
1. Resource home parent requires the additional
respite care:
a. To stabilize the child’s placement in the resource
home that provides foster care services; or
b. Due to unforeseen circumstances that may occur,
such as:
(i) Death in the family;
(ii) Surgery; or
(iii) Illness; or
2. Child placed in the resource home requires
additional respite care to allow for a period of adjustment.
(e) The cost of respite care shall not exceed the per
diem for the child.
(f) A respite care provider shall be approved in
accordance with Section 21 of this administrative regulation.
(6) Appeals. A resource home parent may appeal the
timeliness of reimbursement in accordance with 922 KAR 1:320.
Section 14. Home Study Requests. (1) Upon receipt of a
request from another state’s Interstate Compact on the Placement of Children
Administrator in the interest of a child in the legal custody of that state’s
public agency, the cabinet shall complete a home study as specified in 922 KAR 1:010,
Section 7.
(2) The cabinet shall share a previously approved home
study in accordance with the Kentucky Open Records Act, KRS 61.870-61.884 and
42 U.S.C. 671(a)(23).
(3) An individual may request an administrative
hearing in accordance with 922 KAR 1:320 for failure of the cabinet to act in
accordance with subsections (1) and (2) of this section.
Section 15. Annual Resource Home Training Requirement.
(1) Before the anniversary date of the original approval as a resource home, A
resource home parent shall be required to complete:
(a) at least six (6) hours of annual cabinet-sponsored
training or training approved in advance by the cabinet; and
(b) Training necessary to obtain certifications
required by Sections 6(1)(f) and 8(1)(f) of this administrative regulation
shall count towards the annual training requirement.
(2) An individualized curriculum may be developed for
a resource home parent who is unable to participate in annual group training because
of employment or other circumstances.
(3)(a) Except for a resource home parent with whom a
child has developed a significant emotional attachment and is approved by designated
cabinet staff, the resource home whose parent fails to meet the annual training
requirement shall be closed.
(b) Additional children shall not be placed in the
home until the training requirement has been satisfactorily met.
(4) To the extent that funds are available, designated
cabinet staff shall approve reimbursement for a resource home parent who has a
child placed in their home under the custody and control of the cabinet and is
participating in ongoing cabinet-sponsored or cabinet-approved training for the
following expenses:
(a) Mileage;
(b) Babysitting; and
(c) Tuition or fees up to the amount of:
1. $100 per family per year; or
2. $200 per family per year for a:
a. Medically-fragile resource home;
b. Specialized medically-fragile resource home; or
c. Care plus resource home.
(5) Training hours required by Sections 6(6)(a),
7(3)(a), and 8(4)(a) of this administrative regulation may be used by the
cabinet to reapprove the resource home for more than one (1) type of resource
home.
Section 16. Resource Home Annual Reevaluation. (1) A
cabinet staff member shall conduct a personal, in-home interview with a resource
home parent before the anniversary date of the original approval as a resource
home. The interviewer shall assess:
(a) Any change in the resource home;
(b) The ability of the resource home parent to meet
the needs of a child placed in the home; and
(c) Continuing compliance with the requirements of
Sections 3 and 4 of this administrative regulation.
(2) The interviewer shall complete a DPP-1289, Annual
Strengths/Needs Assessment for Resource Families, during the interview.
Section 17. Resource Home Reviews. (1) Upon
notification of a factor that may place unusual stress on the resource home or
create a situation that may place a child at risk, cabinet staff shall:
(a) Immediately asses the health and safety risk of
the child; and
(b) Complete a review of the resource home within
thirty (30) calendar days.
(2) Factors that shall result in a review of a
resource home shall include:
(a) Death or disability of a family member;
(b) Sudden onset of a health condition that would
impair a resource home parent’s ability to care for a child placed in the home
by the cabinet;
(c) Change in marital status;
(d) Sudden, substantial decrease in, or loss of,
income;
(e) Childbirth;
(f) Use of a form of punishment that includes:
1. Cruel, severe, or humiliating actions;
2. Corporal punishment inflicted in any manner;
3. Denial of food, clothing, or shelter;
4. Withholding implementation of the child’s treatment
plan;
5. Denial of visits, telephone or mail contacts with
family members, unless authorized by a court of competent jurisdiction; and
6. Assignment of extremely strenuous exercise or work;
(g) A report of abuse, neglect, or dependency that
results in a finding that:
1. Is substantiated; or
2. Reveals concern relating to the health, safety, and
well-being of the child;
(h) If the resource home parent is cited with, charged
with, or arrested due to a violation of law other than a minor traffic offense;
or
(i) Other factor identified by cabinet staff that
jeopardizes the physical, mental, or emotional well being of the child.
(3) The narrative of the review shall contain:
(a) Identifying information;
(b) Current composition of the household;
(c) Description of the situation that initiated the
review;
(d) An evaluation of the resource home's family
functioning to determine if the child's needs are met; and
(e) A plan for corrective action that may include a
recommendation for closure of the resource home.
Section 18. Closure of an Approved Resource Home. (1)
A resource home shall be closed if:
(a) Cabinet staff determines that the family does not
meet the general requirements, as specified in Sections 3 and 4 of this administrative
regulation, for a resource home;
(b) A situation exists that is not in the best
interest of a child;
(c) Sexual abuse or exploitation by the resource home
parent or by another resident of the resource home is substantiated;
(d) Substantiated child abuse or neglect by a resident
of the household occurs that is serious in nature or warrants removal of a
child;
(e) A serious physical or mental illness develops that
may impair or preclude adequate care of the child by the resource home parent;
or
(f) The cabinet has not placed a child in the home
within the preceding two (2) year period.
(2) A resource home may be closed according to the
terms of the contract between the cabinet and the resource home.
(3) If it is necessary to close an approved resource
home, the reason shall be stated by cabinet staff in a personal interview with
the family.
(4) The cabinet shall confirm, in a written notice to
the resource home parent, the decision to close a home. The notice shall be
delivered within thirty (30) calendar days of the interview with a resource
home parent.
(5) The written notice for closure of a resource home
shall include:
(a) Notice that the cabinet shall not place a child in
the home; and
(b) The reason why the resource home is being closed.
Section 19. Reapplication. (1) A former resource home
parent whose home was closed pursuant to Section 18(1)(a) through (f) of this
administrative regulation may be considered for reapproval if the cause of
closure has been resolved.
(2) To reapply, a former resource home parent shall:
(a) Attend an informational meeting; and
(b) Submit the:
1. Names of references specified in Section 3(13) of
this administrative regulation; and
2. Authorization for criminal records release
specified in Section 3(17) of this administrative regulation.
(3) A reapplying former resource home parent shall
reenroll and complete family preparation, as specified in Section 9 of this
administrative regulation, unless the former resource home parent:
(a) Has previously completed family preparation, as
specified in Section 9(2) of this administrative regulation; and
(b) Is considered a placement resource for children.
(4) An adoptive family may be reconsidered for adoptive
placement pursuant to 922 KAR 1:100, Section 9.
Section 20. Resource Home Parent Adoption. (1) A
resource home parent may adopt a child for whom parental rights have been
terminated if:
(a) Resource home parent adoption is determined by
cabinet staff to be in the best interest of the child;
(b) The child resides in the resource home; and
(c) Criteria in 922 KAR 1:100 are met.
(2) If a resource home parent expresses interest in
adopting a foster child currently placed in the home and an alternative permanent
placement is in the child’s best interest, cabinet staff shall meet with the
resource home parent prior to selection of an adoptive home to explain:
(a) Why an alternative permanent placement is in the
child’s best interest; and
(b) The resource home parent’s right to submit a
request to the cabinet to reconsider the recommendation.
(3) If a resource home parent is not approved for
adoptive placement of a child currently placed in the home, cabinet staff shall
meet with the resource home parent to explain the reason that the resource home
parent adoption is not in the best interest of the foster child.
Section 21. Requirements for Respite Care Providers.
(1) A respite care provider shall:
(a) Be:
1. An approved resource home; or
2. Approved in accordance with subsection (2) of this
section; and
(b) Receive preparation for placement of a child,
including information in accordance with:
1. KRS 605.090(1)(b); and
2.a. Section 6(1)(e) through (g) of this
administrative regulation, if the child is a medically-fragile child; or
b. Section 8(1)(e) through (g) of this administrative
regulation, if the child is a specialized medically-fragile child.
(2) If a resource home parent chooses a respite care
provider who is not an approved resource home, the respite care provider shall:
(a)1. Meet criteria established in Sections 3(1), (2),
(17), (18) and 4 of this administrative regulation if respite care is provided
outside the home of the resource home parent; or
2. Meet criteria established in Section 3(1), (2),
(17), and (18) of this administrative regulation if respite care is provided
inside the home of the resource home parent; and
(b)1. If providing respite care for a child described
in Section 7(1)(b) of this administrative regulation, have:
a. Professional experience or training in the mental
health treatment of children or their families; or
b. A certificate of completion for twenty-four (24)
hours of care plus training provided by the cabinet or approved in advance by
the cabinet;
2. If providing respite care for a medically-fragile
child:
a.(i) Meet training requirements specified in Section
6 of this administrative regulation; or
(ii) Be a health professional; and
b. Undergo health screenings as specified in Section
3(8) and (9) of this administrative regulation; or
3. If providing respite care for a specialized
medically-fragile child:
a. Be a health professional; and
b. Undergo health screenings as specified in Section
3(8) and (9) of this administrative regulation.
(3) A respite care provider:
(a) May attend family preparation as specified in
Section 9 of this administrative regulation;
(b) If the respite care provider is caring for a
medically-fragile or specialized medically-fragile child, shall receive
training to meet the specific needs of the child from a health professional or
a resource home parent trained by a health professional in how to care for the
child; and
(c) Shall comply with Section 2 of this administrative
regulation.
Section 22. Incorporation by Reference. (1) The
following material is incorporated by reference:
(a) "DPP-107, Health Information Required for
Resource Home Applicants or Adult Household Members, edition 02/08";
(b) "DPP-108, Health Information Required for
Resource Home Applicants Regarding Dependent Children, edition 02/08";
(c) "DPP-112A, Placement Exception Request,
edition 02/08";
(d) "DPP-112B, Placement Exception Plan, edition 02/08";
and
(e) "DPP-1289, Annual Strengths/Needs Assessment
for Resource Families, edition 6/06".
(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. (19 Ky.R. 1278; Am. 1570; eff. 12-16-92; Recodified
from 905 KAR 1:350, 10-30-98; 26 Ky.R. 2090; 27 Ky.R. 177; 543; eff. 8-14-2000;
30 Ky.R. 1688; 2086; 2476; eff. 6-16-04; 32 Ky.R. 1943; 33 Ky.R. 149; 435; eff.
9-1-06; 34 Ky.R. 1884; 2290; eff. 5-2-2008; TAm eff. 2-22-2010; TAm. eff.
8-24-2010.)
