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 1:350 - Requirements for public child welfare agency foster parents, adoptive parents, and respite care providers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				61.870-61.884,
				194A.005(1),
				194A.060,
				199.011,
				258.015,
				258.035,
				311.720(12),
				311.840(3),
				314.011(5), (7),
				(9),
				527.100,
				527.110,
				600.020,
				605.090,
				610.110,
				620.030,
				620.050,
				620.140(1)(d),
				620.360,
				620.363, Chapter 625,
				16 C.F.R.
				1219-1220,
				1632-1633,
				42 C.F.R.
				435.407,
				45 C.F.R. Parts
				160,
				164,
				8 U.S. C. 1151, 1181,
				42 U.S. C.
				671,
				672
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate programs and fulfill the
				responsibilities vested in the cabinet and to implement programs mandated by
				federal law or to qualify for the receipt of federal funds.
				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
				199.472(1) requires the
				cabinet to promulgate administrative regulations to establish the process of
				determining an applicant's capacity for foster or adoptive parenthood. This
				administrative regulation establishes criteria for public agency foster homes,
				adoptive homes, and respite care providers caring for foster or adoptive
				children.
Section 1. Definitions.
(1) "Adoptive home" means a home in which a
			 parent is approved by the cabinet to provide services as specified in Section
			 2(12) of this administrative regulation.
(2) "Applicant" means an individual or family
			 subject to approval by the cabinet 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
			 Section 5 of this administrative regulation.
(5) "Child" means:
(a) A child as 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)(d);
			 or
(c) A person under age
			 twenty-one (21) who meets the exceptions to the age of majority in accordance
			 with KRS
			 2.015.
(6) "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.
(7) "Child with medical complexity" means a
			 child who has a medical condition in accordance with Section 4(1)(b) of this
			 administrative regulation.
(8)
			 "Commissioner" means commissioner of the Department for Community Based
			 Services.
(9) "Department" means
			 the Department for Community Based Services.
(10) "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 the cabinet to provide services as
			 specified in Section 2(12) of this administrative regulation.
(11) "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.
(12) "Home study" means an assessment done on
			 a prospective foster or adoptive home by a social services worker.
(13) "Independent living services" means
			 services provided to an eligible child to assist the child in the natural
			 progression from adolescence to adulthood.
(14) "Placement" means the physical change in
			 the location and living arrangement of a child in the custody of the cabinet
			 removed from the child's home of origin.
(15) "Respite care" means temporary care
			 provided by a provider, as specified in Section 17 of this administrative
			 regulation, to meet the needs of the child or provide relief to the foster or
			 adoptive parents with the expectation of a child's return to the current foster
			 or adoptive home.