922 KAR 1:320 - Service appeals
RELATES TO: KRS 2.015, Chapter 13B, 23A.010, 194A.005, 194A.030(11), 199.011(4), (9), 199.555(2), 199.557, 209.020(4), (5), 209A.020(4), (5), 600.020(9), (28), (46), 605.090(1)(b), (6), 610.110(6), 620.020(1), 620.140(1)(e), 620.142, 620.157, 620.180(2)(a)1, 620.230, 620.363, 45 C.F.R. 205.10, 1355.21(b), 1355.30(p), 42 U.S.C. 601(a)(1), 621(1)-(4), 629, 670, 671(a)(23), 673, 675, 1397
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.010(2) designates the Cabinet for Health and Family Services as the primary state agency responsible for leadership in protecting and promoting the well-being of Kentuckians through the delivery of quality human services. KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds, including 45 C.F.R. 205.10, made applicable to titles IV-B and IV-E programs by references in 45 C.F.R. 1355.21(b) and 1355.30(p). KRS 13B.170(1) authorizes promulgating administrative regulations necessary to carry out the provisions of KRS Chapter 13B. This administrative regulation establishes procedures related to appeals and complaints for benefits and services under 922 KAR Chapters 1 and 5.
Section 1.
Definitions.
(1) "Adoption assistance" means a
payment under:
(2) "Adult" is defined by
KRS
209.020(4).
(3) "Case permanency plan" is defined by
KRS
620.020(1) and described in
KRS 620.230
for a child placed in the custody of the cabinet by an order of
commitment.
(4) "Case plan" means a
plan described in 922 KAR 1:430 for a child who is not placed in the custody of
the cabinet by an order of commitment.
(5) "Case planning conference" means a
meeting in which a case plan or a case permanency plan is developed or modified
in accordance with
KRS
620.180(2)(a) 1.
(6) "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.
(7) "Child welfare services" means benefits
or services on behalf of a child meeting a purpose of
42
U.S.C. 601(a)(1),
621(1)-(4),
629,
670,
or
1397.
(8) "Commissioner" means the Commissioner of
the Department for Community Based Services or designee.
(9) "Contract agency" means a business or
organization that offers child welfare, adult, or domestic violence services to
the public through a contract or agreement with the cabinet.
(10) "Fictive kin" is defined by
KRS
199.011(9) and
600.020(28).
(11) "General adult services" means a
voluntary preventive service in accordance with 922 KAR 5:090.
(12) "Good cause" means justification for
failure to carry forward with a legal obligation related to an appeal in
accordance with Section 6(7) of this administrative regulation.
(13) "Kinship caregiver" means a qualified
caretaker relative of a child with whom the child is placed as an alternative
to foster care in accordance with 922 KAR 1:130.
(14) "Parent" is defined by
KRS
600.020(46) and
42
U.S.C. 675(2) for child
welfare benefits and services.
(15)
"Protective services" is defined by
KRS
209.020(5).
(16) "Relative" means an individual related
to a child by blood, marriage, or adoption.
Section 2. Right to Appeal.
(1) A parent may request review of the
following through an administrative hearing:
(a) Denial, reduction, modification,
suspension, or termination of child welfare services provided by the
cabinet;
(b) Closure of a child
protective services case in accordance with:
1.922 KAR 1:330, Section 12; or
2.922 KAR 1:430, Section 4;
(c) Failure by the cabinet to:
1. Respond with reasonable promptness to a
request for child welfare services provided by the cabinet;
2. Complete a case plan or case permanency
plan;
3. Provide or refer for
services as specified in the case plan or case permanency plan; or
4. Meet a mandated timeframe for child
protective services specified in 922 KAR 1:330; or
(d) The cabinet's determination that return
home is not recommended for their child, in accordance with
KRS 620.157.
(2) A foster parent approved by
the department in accordance with 922 KAR 1:350 or an adoptive parent may
request review of the following through an administrative hearing:
(a) Failure by the cabinet to:
1. Process reimbursement to the home with
reasonable promptness;
2. Provide
information required by
KRS
605.090(1)(b) and
(6);
3. Advise an adoptive parent of the
availability of adoption assistance in accordance with 922 KAR 1:050 or 922 KAR
1:060; or
4. Provide an adoptive
parent with known relevant facts regarding the:
a. Child;
b. Child's background prior to finalization
of the adoption; and
c. Child's
biological family;
(b) Determination of ineligibility for
adoption assistance upon execution of an adoptive placement agreement under 922
KAR 1:050 or 922 KAR 1:060;
(c)
Denial of a request for a change in payment level due to a change in
circumstances of an adoptive parent or child when the adoption assistance
agreement is renewed under 922 KAR 1:050 or 922 KAR 1:060; or
(d) Closure of a foster or adoptive home
under 922 KAR 1:350 unless a provision of Section 3(1)(f), (g), (h), (i), or
(j) of this administrative regulation applies.
(3) An approved and available adoptive parent
outside the jurisdiction with responsibility for handling the case of an
adoptive child may request an administrative hearing for the cabinet's denial
or delay in placement of the child for adoption pursuant to
42 U.S.C.
671(a)(23).
(4)
(a) A
kinship caregiver may request an administrative hearing pursuant to 922 KAR
1:130, Section 19.
(b) Pursuant to
922 KAR 1:130, Section 19(2), a kinship caregiver who is dissatisfied with an
action or inaction on the part of the cabinet relating to financial assistance
under the Kinship Care Program may request an administrative hearing under the
provisions of
921 KAR
2:055.
(5) An applicant determined by the cabinet to
be ineligible for a tuition waiver may request an administrative hearing
pursuant to 922 KAR 1:450, Section 3.
(6) An applicant determined by the cabinet to
be ineligible for an educational and training voucher may request an
administrative hearing pursuant to 922 KAR 1:500, Section 5.
(7) An adult may request review of the
following through an administrative hearing:
(a) The cabinet's denial of general adult
services or protective services to an adult identified as a victim of abuse,
neglect, or exploitation; or
(b)
Failure by the cabinet to respond with reasonable promptness to a request for:
1. General adult services; or
2. Protective services for an
adult.
(8) A
non-parent relative or fictive kin caregiver who received physical custody of a
child through a child abuse, neglect, or dependency action may appeal:
(a) Regarding a protection and permanency
service as established in 922 KAR 1:565, Section 7; or
(b) A denial, reduction, modification,
suspension, or termination of child welfare services unless a provision of
Section 3(1)(f), (g), (h), (i), (j), or (n) of this administrative regulation
applies.
(9) An
individual aggrieved by an action of the cabinet may request an administrative
hearing for a matter by which a Kentucky Revised Statute or 922 KAR Chapters 1
and 5 expressly permits the appeal of a cabinet action or alleged
act.
(10) A parent or an adult
aggrieved by an action of the cabinet may request review of the following
through an administrative hearing:
(a) A
cabinet denial, reduction, suspension, or termination of services or
federally-funded benefits, payments, or financial assistance to which an
individual may be entitled under 922 KAR Chapters 1 and 5; or
(b) A cabinet failure to act with reasonable
promptness to a request for a federally-funded benefit, payment, or financial
assistance to which an individual may be entitled under 922 KAR Chapters 1 and
5.
Section 3.
Matters Not Appealable through an Administrative Hearing.
(1) The following shall not be subject to
review through an administrative hearing:
(a)
A matter in which a court:
1. Has previously
made a judicial determination or issued an order on the same issue being
appealed; or
2. Is currently
engaged in legal proceedings regarding the same issue being appealed;
(b) A final administrative
decision made by the cabinet or cabinet's designee as a result of a previous
appeal on the same issue;
(c) An
appeal that has been abandoned by an appellant who failed to demonstrate good
cause for failure to go forward;
(d) Failure to submit a written request for
appeal within the time frame established by Section 6(4)(b) of this
administrative regulation;
(e) A
decision to deny:
(f) The cabinet's fitness determination of a
relative or fictive kin in accordance with 922 KAR 1:565, Section 3;
(g) Removal of a foster child from a foster
or adoptive home or respite care provider if the foster or adoptive home
parent, respite care provider, or another individual residing in the home has
been found by the cabinet to have abused, neglected, or exploited a child and
the:
1. Foster or adoptive home parent,
respite care provider, or other individual waived the right to appeal the
substantiated incident; or
2.
Substantiated incident was upheld after:
a.
An administrative hearing; or
b.
Judicial review;
(h) Removal of a child from a foster home,
relative caregiver, or fictive kin caregiver for the purpose of:
1. Achieving a permanency goal described by
922 KAR 1:140; or
2. Uniting or
reuniting the child with a sibling at the next placement;
(i) Closure of a foster or adoptive home if
the cabinet has not placed a child in the home within the previous two (2)
years;
(j) Closure of a relative,
fictive kin, foster, or adoptive home according to the terms of the contract
between the cabinet and the relative, fictive kin, foster, or adoptive
home;
(k) A situation where state
or federal law requires adjustment of a payment or grant, except if a payment
or grant computation is incorrect;
(l) The per diem rate of reimbursement paid
to a foster home parent; or
(m) A
decision to not recommend a foster home parent in accordance with 922 KAR
1:350, Section 6(9), for enrollment in specialized training as a medically
complex foster parent or care plus foster parent; or
(n) A request for foster care maintenance
payment on behalf of a child who was not in the cabinet's legal custody during
the period of time for which the payment is requested.
(2) A complaint of discrimination may be
filed with the cabinet's Office of Human Resource Management in accordance with
920 KAR
1:090.
Section 4. Service Complaints.
(1) If a matter is not subject to review
through an administrative hearing, a parent, relative or kinship caregiver,
fictive kin caregiver, foster or adoptive parent approved by the department in
accordance with 922 KAR 1:350, or an adult may:
(a) Attempt to resolve the issue by
submitting a written complaint to the service region administrator or designee
with-in thirty (30) calendar days after the date of the cabinet action or
alleged act; or
(b) Contact the
cabinet's Office of the Ombudsman and Administrative Review if the matter was
not previously reviewed:
1. By that office;
or
2. Pursuant to paragraph (a) of
this subsection.
(2) A child who is in the custody of the
cabinet, or a child who has aged out of the cabinet's custody within the
previous twelve (12) months may file a complaint through the Office of the
Ombudsman and Administrative Review for any of the following:
(a) Denial, reduction, modification,
suspension, or termination of child welfare services provided by the
cabinet;
(b) Closure of a child
protective services case in accordance with:
1.922 KAR 1:330, Section 12; or
2.922 KAR 1:430, Section 4; or
(c) Failure by the cabinet to:
1. Respond with reasonable promptness to a
request for child welfare services provided by the cabinet;
2. Complete a case plan or case permanency
plan;
3. Provide or refer for
services as specified in the case plan or case permanency plan;
4. Meet a mandated timeframe for child
protective services specified in 922 KAR 1:330; or
5. Demonstrate diligence in the protection
and preservation of a foster child's right in accordance with
KRS
620.363.
(3) A child described in subsection (2) of
this section may file a complaint or a request for the commissioner's review in
accordance with subsection (5) of this section with assistance from the child's
authorized representative.
(4)
(a) The service region administrator,
administrator's designee, or the cabinet's Office of the Ombudsman and
Administrative Review shall provide a written response to the complainant
within thirty (30) calendar days of receipt of a written complaint not subject
to review through an administrative hearing.
(b) The service region administrator or the
ombudsman may grant an extension to the response timeframe given in paragraph
(a) of this subsection if:
1. Extenuating
circumstances prolong the review of the complaint; and
2. Notice of the extension is provided to the
complainant.
(5)
(a) A
parent, relative or kinship caregiver, fictive kin caregiver, foster or
adoptive parent approved by the department in accordance with 922 KAR 1:350, a
child described in subsection (2) of this section, or an adult dissatisfied
with a written response rendered by the service region administrator,
administrator's designee, or the Office of the Ombudsman and Administrative
Review may request that the commissioner review the complaint and the written
response.
(b) A request for review
shall be submitted in writing to the commissioner within ten (10) calendar days
of receipt of the written response provided in accordance with subsection (4)
of this section.
(c) Upon
completion of the review, the commissioner shall render a written determination
regarding the complaint within thirty (30) calendar days unless:
1. Extenuating circumstances prolong the
review of the complaint; and
2. The
commissioner notifies the complainant of the need for an extension to the
timeframe specified in this paragraph.
(d) The department shall abide by the
commissioner's written determination.
(6) The department shall compile data
regarding service complaints to:
(a) Fulfill
federal and state reporting requirements; and
(b) Use for program development and
evaluation.
Section
5. Other Appeals.
(1) An
individual who has been found by the cabinet to have abused or neglected a
child may appeal the cabinet's finding through an administrative hearing in
accordance with 922 KAR 1:480.
(2)
An individual aggrieved by a cabinet action or inaction under 922 KAR Chapter 2
may appeal the action or inaction in accordance with 922 KAR 2:260.
Section 6. Request for Appeal.
(1) The cabinet shall provide a copy of the
DPP-154, Protection and Permanency Service Appeal Request, to an individual:
(a) At each case planning
conference;
(b) Upon denial,
reduction, modification, suspension, or termination by the cabinet of:
1. Child welfare services provided by the
cabinet;
2. General adult services
or protective services, if notification does not present a risk of harm to the
victim;
3. Adoption assistance;
or
4. Other federally-funded
program benefit described in 922 KAR Chapter 1 or 5; or
(c) Upon determination that a student is not
eligible for a tuition waiver or education and training voucher.
(2) At least ten (10) calendar
days prior to the denial, reduction, modification, suspension, or termination
of a benefit or services, the cabinet shall hand-deliver or mail the DPP-154A,
Pro-tection and Permanency Notice of Intended Action.
(3) The cabinet may take emergency action
under
KRS
13B.125.
(4) A request for appeal shall:
(a) Be written by the appellant, with the
assistance of the cabinet or contract agency if the appellant is unable to
comply without assistance;
(b) Be
submitted to the cabinet no later than thirty (30) calendar days from the date:
1. That the notice provided in accordance
with subsection (2) of this section was issued; or
2. Of the occurrence of the disputed
action;
(c) Describe
the:
1. Cabinet action in dispute;
or
2. Alleged act;
(d) Specify:
1. The reason the appellant disputes the
cabinet's action;
2. Name of each
cabinet staff person involved with the disputed action, if known; and
3. Date of the cabinet action or alleged act
in dispute; and
(e)
Include the notice provided in accordance with subsection (2) of this section,
if available.
(5)
(a) Upon receipt of a written request for
appeal, the cabinet shall determine whether the matter is subject to review
through an administrative hearing.
(b) If the matter is not subject to review,
the cabinet shall inform the individual in writing that the:
1. Matter is not appealable; and
2. Resolution of the matter may be pursued
through the service complaint process described in Section 4 or 10 of this
administrative regulation.
(6) If the cabinet receives a written request
for appeal within ten (10) calendar days from the date the notice provided in
accordance with subsection (2) of this section was issued or the date of the
disputed action and the matter is appealable, the cabinet shall continue to
provide federally-funded assistance in accordance with
45
C.F.R. 205.10(a)(6) pending
the out-come of the appeal.
(7) The
cabinet shall not dismiss a request for appeal if an appellant demonstrates
good cause. Justification may include:
(a) An
appellant's inability to comprehend the cabinet's written statement describing
appeal rights; or
(b) A
cabinet-sanctioned determination that the appellant or the appellant's legal
representative is not at fault for failure to:
1. Submit a written request for appeal;
or
2. Participate in a proceeding
related to an administrative hearing.
Section 7. Administrative Hearing.
Each administrative hearing conducted by the cabinet or designee shall comply
with KRS Chapter 13B.
Section 8.
Recommended Order.
(1) A copy of the
recommended order shall be sent simultaneously to:
(a) Each party to the administrative
hearing;
(b) The commissioner of
the Department for Community Based Services; and
(c) The secretary of the Cabinet for Health
and Family Services or designee.
(2) If a party to a hearing disagrees with
the recommended order, the party may file a written exception as provided in
KRS
13B.110(4) with the
secretary, which shall:
(a) Be filed within
fifteen (15) calendar days of the date the recommended order was
mailed;
(b) Be based on facts and
evidence presented at the hearing;
(c) Not refer to evidence that was not
introduced at the hearing; and
(d)
Be sent to each party involved in the hearing.
Section 9. Final Order.
(1) The secretary of the Cabinet for Health
and Family Services or designee shall issue a final order in accordance with
KRS
13B.120.
(2)
(a)
Unless waived by an appellant, final administrative action shall be taken
within ninety (90) calendar days from the date of the request for an
administrative hearing as required by
45
C.F.R. 205.10.
(b) If the appellant waives the ninety (90)
calendar day requirement specified in paragraph (a) of this subsection, the
hearing officer shall notify all parties to the hearing when final
administrative action will be taken.
(3) An aggrieved party may petition for
judicial review in accordance with:
(a)
KRS
13B.140 to
13B.160;
or
(b)
KRS
23A.010.
Section 10. Contract Agencies.
(1) A contract agency shall offer a complaint
process consistent with:
(a) Section 4 of
this administrative regulation; or
(b) Provisions of the contract or agreement
between the contract agency and the cabinet, if the provisions are different
from Section 4 of this administrative regulation.
(2)
(a) An
individual dissatisfied with a final written response rendered by a contract
agency regarding a complaint may request that the commissioner review the
complaint and the contract agency's written response.
(b) A request for review shall be submitted
to the commissioner within ten (10) calendar days of the contract agency's
written response.
(c) Upon
completion of the review, the commissioner shall render a written determination
regarding the complaint within thirty (30) calendar days unless:
1. Extenuating circumstances prolong the
review of the complaint; and
2. The
commissioner notifies the client of the need for an extension to the timeframe
specified in this paragraph.
(d) The contract agency shall abide by the
commissioner's written determination.
Section 11. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "DPP-154, Protection and
Permanency Service Appeal Request", 12/2019; and
(b) "DPP-154A, Protection and Permanency
Notice of Intended Action", 6/2019.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Cabinet for Health and
Family Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday
through Friday, 8 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 13B.170(1), 194A.010(2), 194A.050(1)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.