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: (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: 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; and2. 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:(iii) Medical and dental services;(iv) First aid supplies; andd. 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; andh. 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; and2. Understanding of the impact that familial abuse, neglect, or substance abuse may have on a child and the child's extended family; and3. 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; or2. The death of both parents;(c) That will provide for a child's immediate needs, such as:3. Additional furniture; or4. 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; or2. 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; or2. Determined eligible for KTAP pursuant to 921 KAR 2:006 and 921 KAR 2:016.(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; or3. 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(f) Subsidized permanent custody in accordance with 42 U.S.C. 673 and 922 KAR 1:145.(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; and2. 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; or2. 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;(d) KTAP if an application is made in accordance with 921 KAR 2:006 and 921 KAR 2:016;(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; or2. If application is made in accordance with 907 KAR 20:015, 907 KAR 4:020, or 907 KAR 4:030;(g) Foster care per diem in accordance with:1.b. D.O. v. Glisson, 847 F.3d 374 (6th Cir. 2017), cert. denied, 17-17, 2017 WL 2869916 (U.S. Oct. 10, 2017); and2. The terms and conditions specified in the individual agreement between the cabinet and the foster parent;(h) Adoption assistance in accordance with 922 KAR 1:050 or 922 KAR 1:060;(i) To the extent funds are available, post-permanency services, including:1. Subsidized permanent custody in accordance with 42 U.S.C. 673 and 922 KAR 1:145; or2. 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: (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; or6. 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 3:070.45 Ky.R. 2284, 2942, 3187; eff. 5-31-2019; 46 Ky.R. 773, 1174; eff. 11-1-2019; 48 Ky.R. 1426; eff. 1/13/2022; 50 Ky.R. 1603, 2233; eff. 6/19/2024.STATUTORY AUTHORITY: KRS 194A.050(1), 605.130(7), 605.150(1), 620.142(5)