Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 1 - Child Welfare › Section 922 KAR 1:495 - Training requirements for foster parents, adoptive parents, and respite care providers for children in the custody of the cabinet

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.870,
				158.135(1)(c),
				194A.005(1),
				194A.050(1),
				199.011,
				199.464,
				199.472(1),
				199.640,
				311.720(12),
				311.840(3),
				314.011(5),
				(7),
				600.020,
				605.100(1),
				605.150(1),
				620.360,
				45 C.F.R. Parts 160, 164,
				42 U.S.C.
				671(a),
				675
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 the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				199.472(1) requires the
				cabinet to promulgate administrative regulations to establish the process of
				determining an applicant's capacity for adoptive parenthood.
				KRS
				199.640(5)(a) requires the
				Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations establishing basic standards of care and service for
				child-caring facilities and child-placing agencies.
				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
				605.150(1) authorizes the
				cabinet to promulgate administrative regulations to implement the provisions of
				KRS Chapter 605. In addition,
				42 U.S.C.
				671(a)(24) includes a
				certification that, before a child in foster care under the responsibility of
				the state is placed with prospective foster parents, the prospective foster
				parents will be prepared adequately with the appropriate knowledge and skills
				to provide for the needs of the child, and that such preparation will be
				continued, as necessary, after the placement of the child. This administrative
				regulation establishes minimum training requirements for foster parents,
				adoptive parents, and respite care providers caring for foster or adoptive
				children in the custody of the cabinet.
Section
			 1. Definitions.
(1) "Adoptive
			 parent" means an individual who is seeking to adopt a child placed in the
			 custody of the cabinet.
(2)
			 "Applicant" means an individual or family, subject to approval by the cabinet,
			 or by a private child-placing agency, as a foster or adoptive home.
(3) "Cabinet" is defined by
			 KRS
			 194A.005(1) and
			 600.020(7).
(4) "Care Plus" means a foster care program
			 for a child who is determined to have specialized care needs as specified in
			 922 KAR 1:350, Section 5.
(5)
			 "Child specific foster home" means an individual or family subject to approval
			 by the cabinet as a foster family home for a relative or fictive kin
			 placement.
(6) "Foster home" means:
(a) A "foster family home" as defined by
			 KRS
			 199.011(10) and
			 600.020(30),
			 if referring to a physical structure; or
(b) If referring to an individual, any
			 individual approved as a foster parent by:
1.
			 A child-placing agency in accordance with 922 KAR 1:310; or
2. The cabinet in accordance with 922 KAR
			 1:350.
(7)
			 "Health professional" means a person actively licensed as a:
(a) Physician as defined by
			 KRS
			 311.720(12);
(b) Physician assistant as defined by
			 KRS
			 311.840(3);
(c) Advanced practice registered nurse as
			 defined by
			 KRS
			 314.011(7); or
(d) Registered nurse as defined by
			 KRS
			 314.011(5) under the
			 supervision of a physician.
(8) "Medically complex" means a foster care
			 program for a child who is determined to have a medical condition as specified
			 in 922 KAR 1:350, Section 4.
(9)
			 "Professional experience" means paid employment or volunteer work in a setting
			 where there is supervision or periodic evaluation.
(10) "Reasonable and prudent parent standard"
			 is defined by
			 42
			 U.S.C. 675(10).
(11) "Respite care" means temporary care
			 provided by another individual or family:
(a)
			 To meet the needs of the child or provide relief to a foster or adoptive parent
			 approved in accordance with 922 KAR 1:310 or 922 KAR 1:350; and
(b) With the expectation of a child's return
			 to the current foster or adoptive home.
(12) "Therapeutic foster care" is defined by
			 KRS
			 158.135(1)(c).
(13) "Trauma informed care" means training
			 developed using an organizational strengths-based framework to recognize and
			 respond to the impact of traumatic stress on children, care-givers, and service
			 providers with a goal to facilitate and support the recovery and resiliency of
			 the child and family.