922 KAR 1:140 - Permanency services
RELATES TO: KRS 2.015, 194A.005(1), 199.011(3), (4), (9), 199.462, 199.555, 199.557, 199.801, 387.025, 527.100, 527.110, 600.020, 610.110, 610.125, 610.127, 620.020(1), (11), 620.060, 620.090, 620.140, 625.040, 625.090, 45 C.F.R. 1355 -1357, 25 U.S.C. 1901-1963, 42 U.S.C. 621-629m, 670-679c, 1996, 1996b
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. KRS 199.467 requires the secretary of the Cabinet 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 194A.005(1),
199.011(3), and
600.020(7).
(3) "Case permanency plan" is defined by
KRS 620.020(1).
(4) "Child" means:
(a) A child defined by
KRS 199.011(4) and
600.020(9);
(b) A person age eighteen (18) or older whose
commitment to the cabinet has been extended or reinstated by a court in
accordance with KRS 610.110(6) or
620.140(1)(e);
or
(c) A person under age
twenty-one (21) who meets the exceptions to the age of majority in accordance
with KRS 2.015.
(5) "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).
(6) "Fictive kin" is defined by
KRS 199.011(9) and
600.020(28).
(7) "Parent" is defined by
42 U.S.C.
675(2).
(8) "Reasonable efforts" is defined by
KRS 620.020(13).
(9) "Relative" means an individual related to
a child by blood, marriage, or adoption.
(10) "Subsidized permanent custody" means the
guardianship assistance program authorized by
42 U.S.C.
673 and funded with Title IV-E and state
general funds, established in 922 KAR 1:145.
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) 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.
1901-1963,
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)(7),
671(a)(18), and
1996b.
(3) If a child entering the custody of the
cabinet has an absent parent, 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;
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.
(4) The cabinet shall not be
obligated to search for or seek fictive kin as a placement for a
child.
(5) When a case conference
is held in compliance with
KRS 620.180(2)(a) 1 for a child
placed in the custody of the cabinet, the cabinet shall develop and document a
case permanency plan.
(6) The case
permanency plan shall identify the permanency goal described in Section 4(2) of
this administrative regulation.
(7)
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 who has been removed from the child's home of
origin by a court 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) Subsidized permanent custody;
(f) Transitioning to adulthood; or
(g) Another planned permanent living
arrangement.
Section
5. Return to Parent.
(1) The
cabinet shall recommend to the court that a child who has been removed from the
child's home of origin by the court is returned to the parent if the cabinet
determines:
(a) A family has successfully
mitigated the danger to the child associated with the removal or has a plan
supported by the cabinet to provide safety for the child while making progress
towards completing the case 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 successfully mitigated the danger to the child associated with the
removal or does not have a plan supported by the cabinet to provide safety for
the child while making progress toward completing the case plan, the cabinet
shall seek a court order for:
(a) A change in
the permanency goal;
(b)
Termination of parental rights; or
(c) A civil action in support of the child's
permanency goal.
(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 620.180(2)(c) 3 or 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 or fictive kin 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) or a case review
in accordance with KRS 620.180(2)(c) 1 and
2.
Section 7. Permanent
Relative Placement. The permanency goal for a child who has been removed from
the child's home of origin by a court shall be permanent custody if:
(1) Return to the parent is not in the
child's best interest; and
(2) The
cabinet determines that a relative or fictive kin who does not pursue adoption,
legal guardianship, or subsidized permanent custody is able to provide a
permanent home for the child.
Section
8. Legal Guardianship.
(1) The
permanency goal for a child who has been removed from the child's home of
origin by a court shall be legal guardianship if the cabinet determines that:
(a) Return to the parent, adoption, or
subsidized permanent custody is not in the child's best interest;
(b) There is an identified adult, including
fictive kin, willing to seek legal guardianship of the child; and
(c) Legal guardianship by the adult
identified in paragraph (b) of this subsection is in the child's best
interest.
(2) Legal
guardianship shall be requested pursuant to
KRS 387.025.
Section 9. Subsidized permanent custody. The
permanency goal for a child who has been removed from the child's home of
origin by a court shall be subsidized permanent custody if the cabinet
determines that:
(1) Reunification, adoption,
legal guardianship, and permanent relative custody is not in the child's best
interest; and
(2) The child is
eligible pursuant to Section 2 of 922 KAR 1:145.
Section 10. Transitioning to Adulthood. The
permanency goal for a child who is eighteen (18) years of age or older and has
extended commitment to the cabinet or seventeen (17) years of age shall be
transitioning to adulthood if:
(1) Other
permanency goal options have been exhausted and are no longer appropriate due
to the specific circumstances of the child;
(2) The cabinet has reviewed documentation
and determined that a goal of transitioning to adulthood is in the best
interest of the child;
(3) The
court has determined that transitioning to adulthood is in the best interest of
the child; and
(4) For children
aged seventeen (17), approval is obtained from the commissioner or designee
prior to the court determination required by subsection (3) of this section and
the establishment of transitioning to adulthood as a permanency goal.
Section 11. Another Planned
Permanent Living Arrangement.
(1) The
permanency goal for a child in the custody of the cabinet who is sixteen (16)
years of age or older 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 or fictive kin, 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 placed with a private child-caring agency.
Section 12. Permanency Services.
(1) The cabinet shall provide services for a
child who has been removed from the child's home of origin by a court 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) Independent living services and
programming for the child in accordance with
42 U.S.C.
677;
(d) Post-finalization adoption assistance if
adoption assistance has not been previously approved pursuant to
KRS 199.555 and
199.557;
(e) Post-adoption placement stabilization
services as established in
922 KAR 1:530;
(f) Subsidized permanent custody payments as
established in 922 KAR 1:145; or
(g) Referral to other cabinet and community
resources necessary for the achievement or maintenance of the child's
permanency goal.
(3)
Cabinet resources for a prospective or existing permanent relative or fictive
kin placement shall be established in
922 KAR 1:565.
Section 13. Funerals and Burials.
(1) The biological or legal parent of a child
deceased while in temporary custody or committed to the cabinet, shall be
responsible for funeral arrangements, unless the:
(a) Parental rights have been
terminated;
(b) Parent cannot be
located; or
(c) Parent is unable to
make funeral arrangements.
(2) Personal and family resources, including
the deceased child's trust fund and insurance in the deceased child's name,
shall be exhausted prior to the approval of cabinet funds for funeral and
burial expenses.
Notes
STATUTORY AUTHORITY: KRS 194A.050(1), 199.467, 620.180
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