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 1:330 - Child protective services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				159.140,
				194A.005(1),
				202A.011,
				211.684,
				214.036,
				431.600(1),
				(8),
				503.110(1),
				508.125(1),
				529.010(5),
				(16),
				532.045,
				600.010,
				600.020,
				605.090(3),
				605.130,
				610.010(2)(d),
				(9),
				620.010-620.050,
				620.070,
				620.072,
				620.350,
				620.990,
				42 U.S.C.
				5106a
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 the provisions of
				KRS Chapter 605. KRS
				620.180(1) authorizes the
				cabinet to promulgate administrative regulations to implement the provisions of
				KRS Chapter 620. KRS
				620.029(2)(a) requires the
				cabinet, in consultation with agencies serving victims of human trafficking, to
				promulgate administrative regulations for the treatment of children who are
				reported to be victims of human trafficking as dependent, neglected, or abused
				children, including providing for appropriate screening, assessment, treatment,
				and services. 42 U.S.C.
				5106a(b) establishes
				eligibility requirements for a state to receive a grant for a child abuse and
				neglect prevention and treatment program. This administrative regulation
				establishes cabinet procedures, congruent with eligibility requirements under
				42 U.S.C.
				5106a(b), for a child
				protection investigation or assessment of abuse, neglect, or dependency.
Section 1. Definitions.
(1) "Alternative response" means a
			 preventive, proactive approach through which the cabinet engages with a family
			 and connects a family to community-based services as an alternative to
			 conducting an investigation.
(2)
			 "Assessment" means the collection and analysis of information to determine the
			 strengths and needs of a family in order to provide appropriate
			 services.
(3) "Cabinet" is defined
			 by KRS
			 194A.005(1) and
			 600.020(7).
(4) "Caretaker" means a parent, guardian,
			 fictive kin, person in a position of authority or special trust as defined in
			 KRS
			 532.045(1), or other person
			 exercising custodial control or supervision of a child.
(5) "Child fatality" is defined by
			 KRS
			 211.684(1)(a).
(6) "Child protective services" means
			 preventive and corrective services directed toward:
(a) Safeguarding the rights and welfare of an
			 abused, neglected, trafficked, or dependent child;
(b) Assuring for each child a safe and
			 nurturing home;
(c) Improving the
			 abilities of parents to carry out parental responsibilities;
(d) Strengthening family life; and
(e) Assisting a parent or other person
			 responsible for the care of a child in recognizing and remedying conditions
			 detrimental to the welfare of the child.
(7) "Dependent child" is defined by
			 KRS
			 600.020(20).
(8) "Female genital mutilation" is defined by
			 KRS
			 508.125(1).
(9) "Human trafficking" is defined by
			 KRS
			 529.010(7).
(10) "Initial determination" means an
			 evaluation made to determine the presence of safety threats and risk factors,
			 resulting in a decision whether to proceed with an:
(a) Investigation; or
(b) Assessment.
(11) "Investigation" means a process of
			 gathering facts and collecting information to evaluate risks and determine a
			 finding pursuant to Section 10 of this administrative regulation.
(12) "Near fatality" is defined by
			 KRS
			 600.020(40) and
			 42 U.S.C.
			 5106a(b)(4)(A).
(13) "No finding" means that the information
			 contained in a report that met criteria to open an investigation has been found
			 to be false or erroneous and no longer meets acceptance criteria.
(14) "Preponderance of evidence" means that
			 evidence is sufficient to conclude that it is more likely than not that an
			 alleged perpetrator committed an act of child abuse or neglect as defined by
			 KRS
			 600.020(1).
(15) "Prior involvement" means any assessment
			 or investigation, of which the cabinet has record, with a child or family in
			 the area of protection and permanency prior to the child's fatality or near
			 fatality investigation.
(16)
			 "Services needed" means a low risk finding with no perpetrator that indicates a
			 family needs to be linked to community services.
(17) "Sexual abuse" is defined by
			 KRS
			 600.020(61).
(18) "Sexual exploitation" is defined by
			 KRS
			 600.020(62).
(19) "Substantiated" means:
(a) An admission of abuse or neglect by the
			 person responsible;
(b) A judicial
			 finding of child abuse or neglect; or
(c) A preponderance of evidence exists that
			 abuse or neglect was committed by the caretaker.
(20) "Unable to locate" means that:
(a) Identifying information about the family
			 is insufficient for locating them; or
(b) The family has moved and their new
			 location is not known.
(21) "Unsubstantiated" means there is
			 insufficient evidence, indicators, or justification present for substantiation
			 of abuse or neglect.
(22) "Victim
			 of human trafficking" is defined by
			 KRS
			 529.010(16).