922 KAR 1:565 - Service array for a relative or fictive kin caregiver
RELATES TO: KRS 2.015, 45.237-45.241, 156.496, 194A.005(1), 199.011, 199.462, 199.470-199.590, 205.211, Chapter 387, 403.270-403.355, 405.024, 527.100, 527.110, 600.020, 605.120, 610.110, 620.020(1), 620.090, 620.140, 620.142, 620.170, 42 U.S.C. 601-619, 671, 673, 675, D.O. v. Glisson, 847 F.3d 374 (6th Cir. 2017), cert. denied, 17-17, 2017 WL 2869916 (U.S. Oct. 10, 2017)
NECESSITY, FUNCTION, AND CONFORMITY: 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 and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement provisions of the chapter, including KRS 605.130(7), which authorizes the cabinet to perform such other services as may be deemed necessary for the protection of children. KRS 620.142(5) requires the cabinet to promulgate administrative regulations developing custodial, permanency, and service options that shall be available to a relative or fictive kin caregiver. This administrative regulation establishes the service array available to a relative or fictive kin caregiver pursuant to KRS 620.142(1).
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) 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) "Child Care Assistance Program" or "CCAP"
means Kentucky's child care subsidy program providing families who meet the
eligibility requirements with the financial resources to find and afford
quality child care, as established in
922 KAR 2:160.
(6) "Child who is a candidate for foster
care" is defined by 42
U.S.C. 675(13).
(7) "Fictive kin" is defined by
KRS 199.011(9) and
600.020(28).
(8) "Kentucky Transitional Assistance
Program" or "KTAP" means the program established in
921 KAR 2:006.
(9) "Parent" is defined by
42 U.S.C.
675(2).
(10) "Relative" means an individual related
to a child by blood, marriage, or adoption.
(11) "Relative or fictive kin foster home"
means a foster home:
(a) In which the
individual approved as a foster parent is a:
1. Relative; or
2. Fictive kin; and
(b) Approved by the cabinet in accordance
with 922 KAR 1:350.
Section 2. Identification of a Relative or
Fictive Kin.
(1) If a relative or fictive kin
placement is in the best interest of a child upon removal from the child's home
of origin, the cabinet shall:
(a) Use an
absent parent search in accordance with
922 KAR 1:140, Section 3, to
locate a relative;
(b) Discuss a
prospective relative or fictive kin placement with the:
1. Child's parent; and
2. Child, based upon the age and development
of the child; or
(c)
Require the parent or other person exercising custodial control or supervision
to provide a list of possible persons to be considered pursuant to
KRS 620.140(1)(c).
(2) Cabinet staff shall make reasonable
attempts to:
(a) Contact the relative or
fictive kin; and
(b) Assess the
relative's or fictive kin's fitness to serve as a placement resource for the
child in accordance with Section 3 of this administrative regulation.
(3) The cabinet shall:
(a) Disclose legal and service options
available to a prospective relative or fictive kin:
1. Who is being assessed as a placement
resource; and
2. Prior to the time
a child is placed in the relative's or fictive kin's home; and
(b) Obtain written acknowledgement
of the disclosure of legal and service options from the relative or fictive
kin.
Section 3.
Fitness of the Relative or Fictive Kin.
(1)
To support a child's health, safety, and wellbeing in placement with a relative
or fictive kin caregiver, based upon the legal option selected by the relative
or fictive kin, the cabinet shall:
(a)
Complete a safety check and review with consideration given to the relative's
or fictive kin'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 and dental 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 unless an exception consistent
with 922 KAR 1:350, Section 3(12),
applies;
(ii) Alcoholic
beverages;
(iii) Poisonous
materials;
(iv) Firearms or
ammunition in accordance with
KRS 527.100 and
527.110;
(v) Unsupervised contact with the birth
parent, if prohibited; and
(vi)
Cleaning materials unless the materials are age or developmentally appropriate
for the child or the child is supervised; and
2. Understanding of the impact that familial
abuse, neglect, or substance abuse may have on a child and the child's extended
family; and
3. Fitness in
accordance with
922 KAR 1:490;
or
(b) Conduct a home
study and background checks in accordance with
922 KAR 1:350 and
922 KAR 1:490 in consideration of
the relative or fictive kin as a prospective foster or adoptive home.
(2) A relative or fictive kin
caregiver who seeks approval as a relative or fictive kin foster home or
adoptive home shall meet the training requirements established in
922 KAR 1:495.
(3) The cabinet shall:
(a) Document in the case file that the
fictive kin has completed training on the prevention and recognition of
pediatric abusive head trauma in accordance with
KRS 199.462; and
(b) Provide information to the relative or
fictive kin on how to recognize and report child abuse and neglect.
(4) To the extent funds are
available, the cabinet shall make available to a relative or fictive kin
caregiver training:
(a) For foster parents,
adoptive parents, and respite care providers in accordance with
922 KAR 1:495; and
(b) Developed to address the needs of
relative and fictive kin caregivers, including management of the relationship
with the child's parent.
(5) A relative's or fictive kin's decision to
pursue approval as a foster parent shall not guarantee the cabinet's
approval.
Section 4.
Relative or Fictive Kin Placement Support Benefit.
(1) To the extent that funds are available,
the cabinet shall provide, if requested, a one (1) time per placement relative
or fictive kin placement support benefit:
(a)
To facilitate the child's placement with a nonparental relative or fictive
kin;
(b) If a court of competent
jurisdiction has granted temporary custody of the child to the relative,
fictive kin, or the cabinet due to:
1. Alleged
child abuse or neglect; or
2. The
death of both parents;
(c) That will provide for a child's immediate
needs, such as:
1. Clothing;
2. School supplies;
3. Additional furniture; or
4. A deposit for a larger apartment;
and
(d) That is equal to
or does not exceed the amount for the appropriate number of eligible children
as follows:
|
Number of Eligible Children |
Payment Amount |
|
1 |
$350 |
|
2 |
$700 |
|
3 |
$1,050 |
|
4 |
$1,400 |
|
5 |
$1,750 |
|
6 or more |
$2,100 |
(2)
(a) The
relative or fictive kin placement support benefit shall be issued by check or
electronic fund transfer directly to:
1. The
relative or fictive kin caregiver with whom the child is placed; or
2. A vendor providing the needed service or
item listed in subsection (1)(c) of this section.
(b) Prior to the provision of the relative or
fictive kin placement support benefit, the relative, fictive kin, or vendor
shall provide tax status and contact information for accounting of the
benefit's disbursement.
(3)
(a) In
accordance with Kentucky's Title IV-A Temporary Assistance for Needy Families
Block Grant state plan, the cabinet shall prioritize a child for the relative
placement support benefit if the child is:
1.
Placed with a relative whose household income is at or below 200 percent of the
federal poverty level as determined annually by the U.S. Department of Health
and Human Services; or
(b) Pursuant to
42 U.S.C.
601, Temporary Assistance for Needy Families
Block Grant funds shall not be provided to a fictive kin
caregiver.
(4) A relative
or fictive kin caregiver shall not be eligible for an initial clothing
allowance as a foster parent if the relative or fictive kin receives the
relative or fictive kin placement support benefit.
Section 5. Legal Options.
(1) The following legal options shall be
available to a prospective relative or fictive kin caregiver:
(a) Family-arranged care through:
1. A written plan in accordance with
922 KAR 1:330;
2. An affidavit to make health care treatment
and school-related decisions for the child in accordance with
KRS 405.024; or
3. A power of attorney for temporary
delegation of parental rights and responsibilities in accordance with
KRS 403.352 and
403.353;
(b) Court-ordered custody to the relative or
fictive kin caregiver in accordance with KRS 403.270-403.355,
620.090, or
620.140(1)(c);
(c) Court-ordered custody to the cabinet in
accordance with KRS 620.090,
620.140(1)(c),
or 620.170;
(d) Adoption in accordance with KRS
199.470-199.590 or
922 KAR 1:100;
(e) Guardianship in accordance with KRS
Chapter 387; or
(2) Considerations in assessing the legal
options for a relative or fictive kin caregiver shall include:
(a) The likelihood of the child's
reunification with the child's home of origin, including the child's permanency
goal in accordance with
922 KAR 1:140;
(b) The relationship that the relative or
fictive kin caregiver has with the child's home of origin or parent;
(c) The ability of the relative or fictive
kin caregiver to:
1. Manage parental
visitation; and
2. Ensure the
child's safety;
(d) The
relative or fictive kin caregiver's financial situation and need for additional
resources to support the safety, permanency, and wellbeing of the
child;
(e) The level of involvement
and types of services that will be needed from the cabinet for the caregiver
and the child to ensure the safety, permanency, and wellbeing of the child;
and
(f) The level of support and
types of services that will be needed if:
1.
The caregiver assumes legal responsibility for the child; or
2. Reunification with the child's home of
origin is not possible for the child.
(3) Permanency services for a child in the
custody of the cabinet shall be in accordance with
922 KAR 1:140.
Section 6. Service Options.
(1) The array of monetary supports on behalf
of a child placed with a relative or fictive kin caregiver shall include:
(a) The Relative or Fictive Kin Placement
Support Benefit in accordance with Section 4 of this administrative
regulation;
(b) CCAP in accordance
with 922 KAR 2:160;
(c) Child support if application is made or
intergovernmental process applies in accordance with
921 KAR 1:380;
(e) The Kinship Care Program in accordance
with 922 KAR 1:130;
(f) Health benefits for the child:
1. In accordance with
907 KAR 20:005; or
(g) Foster care per diem in
accordance with:
1.
a.
922 KAR 1:350; or
b. D.O. v. Glisson, 847 F.3d 374 (6th Cir.
2017), cert. denied, 17-17, 2017 WL 2869916 (U.S. Oct. 10, 2017); and
2. The terms and conditions
specified in the individual agreement between the cabinet and the foster
parent;
(i) To the extent funds are available,
post-permanency services, including:
2. Post-adoption placement stabilization
services in accordance with
922 KAR 1:530; or
(j) The Supplemental Nutrition
Assistance Program if application is made and approved in accordance with
921 KAR 3:030.
(2) To the extent funds are available, the
cabinet shall provide prevention and family services and programs in accordance
with 42 U.S.C.
671(e) to a child who is a
candidate for foster care, including:
(a)
Mental health and substance abuse prevention and treatment services;
or
(b) In-home parent skill-based
programs.
(3) To the
extent funds are available, the cabinet or its designee shall provide the
following services for a relative or fictive kin caregiver:
(a) A hotline;
(b) Online portal;
(c) Crisis intervention;
(d) Support group;
(e) Advocacy;
(f) Caregiver training;
(g) Community education; and
(h) Referral to community resource or
provider, such as:
1. Family Resource and
Youth Service Centers established in accordance with
KRS 156.496;
2. The Health Access Nurturing Development
Services (HANDS) Program in accordance with
902 KAR 4:120;
3. The Special Supplemental Nutrition Program
for Women, Infants, and Children or "WIC program" in accordance with 902 KAR
Chapter 18;
4. Kentucky's Early
Intervention Program, First Steps, in accordance with 902 KAR Chapter
30;
5. Mental health programming;
or
6. Caregiver programming made
available through the Department for Aging and Independent Living or its
designee.
(4)
The cabinet shall recover the amount of an improper payment pursuant to KRS
45.237-45.241 and 205.211, including assistance
paid pending the outcome of a hearing, from the
claimant-payee.
Section
7. Complaint and Service Appeals.
(1) A relative or fictive kin caregiver may
submit a service complaint or an appeal concerning a protection and permanency
service in accordance with
922 KAR 1:320.
(2) An appeal concerning CCAP shall be made
in accordance with
921 KAR 2:055,
922 KAR 2:020, or
922 KAR 2:260.
(3) An appeal regarding KTAP shall be made in
accordance with
921 KAR 2:055.
(4) An appeal concerning the Supplemental
Nutrition Assistance Program shall be made in accordance with
921 KAR 3:060 or
921 KAR 3:070.
Notes
STATUTORY AUTHORITY: KRS 194A.050(1), 605.130(7), 605.150(1), 620.142(5)
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