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 1:140 - Foster care and adoption permanency services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				194A.005(1),
				199.011(3), (4),
				(9),
				199.462,
				199.467,
				199.555,
				199.557,
				199.801,
				387.025,
				527.100,
				527.110,
				600.020,
				610.110,
				610.125,
				610.127,
				620.020(1),
				(11),
				620.060,
				620.090,
				620.140,
				620.180,
				625.040,
				625.090,
				45 C.F.R. 1355-1357,
				25 U.S.C.
				1901-1963,
				42
				U.S.C. 621-629m,
				670-679c,
				1996,
				1996b
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Services to promulgate,
				administer, and enforce those 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
				199.467 requires the Secretary of the Cabinet
				for Health and Family Services to promulgate administrative regulations
				establishing specific goals for the cabinet, for each fiscal year, regarding
				the maximum number of children who will remain in foster care longer than
				twenty-four (24) months, and describing the steps to be taken to achieve the
				goals.
				KRS
				620.180(2) requires the
				cabinet to promulgate administrative regulations for status review, ongoing
				case work, and supportive services to children in placement. This
				administrative regulation establishes the maximum number of children remaining
				in foster care longer than twenty-four (24) months, and establishes permanency
				services available to children in placement.
Section
			 1. Definitions.
(1) "Absent
			 parent search" means cabinet initiated efforts to locate a biological or legal
			 parent, or a relative.
(2) "Age or
			 developmentally appropriate" is defined by
			 KRS
			 600.020(2).
(3) "Cabinet" is defined by
			 KRS
			 194A.005(1),
			 199.011(3)
			 and
			 600.020(7).
(4) "Case permanency plan" is defined by
			 KRS
			 620.020(1).
(5) "Child" means:
(a) A child 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)(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.
(6) "Concurrent planning" means the cabinet
			 simultaneously plans for:
(a) The return of a
			 child in the custody of the cabinet to the child's parent; and
(b) Another permanency goal for the child if
			 return to parent is not achieved within fifteen (15) of the last twenty two
			 (22) months, in accordance with
			 42
			 U.S.C. 675(5)(E).
(7) "Fictive kin" is defined by
			 KRS
			 199.011(9) and
			 600.020(28).
(8) "Parent" is defined by
			 42
			 U.S.C. 675(2).
(9) "Reasonable efforts" is defined by
			 KRS
			 620.020(11).
(10) "Relative" means an individual related
			 to a child by blood, marriage, or adoption.
(11) "Sufficient progress" means compliance
			 with case permanency plan objectives that support the safe return of the child
			 to the child's parent.