reglab/statecodes huggingface dataset:
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 1:430 - Child protective services in-home case planning and service delivery

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				600.010,
				600.020,
				605.130,
				620.050(3),
				620.072,
				42
				U.S.C. 620-629m,
				1397-1397h,
				5106a
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 programs and fulfill the
				responsibilities vested in the Cabinet for Health and Family Services, qualify
				for the receipt of federal funds, and 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 - Administrative Matters. This administrative regulation
				establishes cabinet procedures for delivery of ongoing in-home case planning
				and service delivery for child protection cases of abuse, neglect, or
				dependency in compliance with
				KRS
				605.130.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by
			 KRS
			 600.020(7).
(2) "Case planning" means a process during
			 which the cabinet works with the family and other involved parties to identify
			 conditions within a family, which may cause the threat of harm to a child and
			 that need to be changed, and the services necessary to bring about familial
			 changes in order to facilitate a child's safety and well being in the home
			 environment.
(3) "Permanency goals"
			 means the goals for permanency established by 922 KAR 1:140, Section
			 4.
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 1:450 - Eligibility confirmation for tuition waiver

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 164.001(12), 164.2847, 199.570,
				620.050(5)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to adopt and administer
				administrative regulations necessary under state laws to protect, develop, and
				maintain the welfare and sufficiency of individual citizens of the
				Commonwealth.
				KRS
				164.2847(3) requires the
				Cabinet for Health and Family Services, upon the request of a public
				postsecondary education institution, to confirm the eligibility status under
				KRS
				164.2847(1), of a student
				seeking to participate in the tuition waiver program. This administrative
				regulation establishes a procedure for administrative hearings and criteria
				pertaining to the release of foster or adoption status information.
Section 1. Definitions.
(1) "Institution" is defined by
			 KRS
			 164.001(12).
(2) "Student" means an individual who meets
			 the requirements of
			 KRS
			 164.2847(1).
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 1:470 - Central registry

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.165(6),
				61.876,
				160.151,
				160.380,
				194A.380-194A.383,
				199.466,
				199.896(19),
				199.8982(1)(a),
				211.684(1)(a),
				403.352,
				600.020(1),
				(40), (61), (62),
				620.050,
				620.051,
				625.050-625.120,
				42 U.S.C.
				671(a)(20),
				5106a(b),
				9858f
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 the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				605.150(1) authorizes the
				cabinet to promulgate administrative regulations to implement the provisions of
				KRS Chapter 605, including
				KRS
				605.130(7), which authorizes
				the cabinet to perform services necessary for the protection of children.
				KRS
				620.051(2) requires the
				cabinet to promulgate administrative regulations to establish the central
				registry and the process for a background check of the cabinet's child abuse
				and neglect records. This administrative regulation establishes the procedure
				by which the cabinet shall conduct a child abuse or neglect check using
				information in the central registry.
Section
			 1. Definitions.
(1) "Abused or
			 neglected child" is defined by
			 KRS
			 600.020(1).
(2) "Administrative review" means that the
			 status of the individual subject to the central registry check is pending the
			 outcome of an:
(a) Investigation or assessment
			 in accordance with
			 922 KAR
			 1:330; or
(b) Appeal concerning a cabinet substantiated
			 finding of child abuse or neglect.
(3) "Child fatality" is defined by
			 KRS
			 211.684(1)(a).
(4) "Near fatality" is defined by
			 KRS
			 600.020(40) and
			 42
			 U.S.C.
			 5106a(b)(4)(A).
(5) "Sexual abuse" is defined by
			 KRS
			 600.020(61).
(6) "Sexual exploitation" is defined by
			 KRS
			 600.020(62).
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 1:480 - Appeal of child abuse and neglect investigative findings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 13B.010(2), (7), 23A.010,
				194A.005(1), 600.020(1), (7), 620.050(5),
				45
				C.F.R. 205.10,
				42
				U.S.C. 1320d-1320d-9,
				1397-1397e,
				5106a
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 implement programs mandated by federal
				law or to qualify for the receipt of federal funds.
				42
				U.S.C. 5106a requires the Secretary of Health
				and Human Services to make grants for the purpose of assisting states in
				improving the delivery of child protective services, including procedures for
				appealing and responding to appeals of substantiated reports of abuse and
				neglect. In order to maintain continued eligibility after the initial grant
				application,
				42
				U.S.C. 5106a requires states to submit a plan
				every five (5) years thereafter assuring operation of a statewide program
				related to child abuse and neglect that includes provisions, procedures, and
				mechanisms by which a perpetrator who disagrees with an official finding of
				child abuse or neglect may appeal the finding. This administrative regulation
				establishes the cabinet's procedures for responding to appeals of child abuse
				and neglect investigative findings.
Section
			 1. Definitions.
(1) "Abused or
			 neglected child" is defined by
			 KRS
			 600.020(1).
(2) "Administrative hearing" is defined by
			 KRS
			 13B.010(2).
(3) "Appellant" means a perpetrator who
			 requests an administrative hearing or on whose behalf an administrative hearing
			 is requested by the perpetrator's legal representative.
(4) "Cabinet" is defined by
			 KRS
			 194A.005(1) and
			 600.020(7).
(5) "Compelling need" means a hearing officer
			 determines that a probability exists by which a child would be unable to
			 reasonably communicate because of emotional distress produced by the
			 perpetrator's presence.
(6) "Good
			 cause" means justification for failure to carry forward with a legal obligation
			 related to an appeal, including:
(a) An
			 appellant's inability to comprehend the cabinet's written statement describing
			 appeal rights; or
(b) A
			 cabinet-sanctioned determination that the appellant or the appellant's legal
			 repre-sentative is not at fault for failure to:
1. Submit a written request for appeal;
			 or
2. Participate in a proceeding
			 related to an administrative hearing.
(7) "Hearing officer" is defined by
			 KRS
			 13B.010(7).
(8) "Perpetrator" means a person who, as a
			 result of an investigation, has been determined by the cabinet to have abused
			 or neglected a child.
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 1:500 - Educational and training vouchers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 164.2847, 610.110(6), 620.020(5),
				620.140(1)(d),
				45
				C.F.R. 1355.20(a),
				20 U.S.C.
				1001,
				1002,
				1087II,
				42
				U.S.C. 677(d)(2), (i)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) authorizes 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 proper
				administration of the cabinet and its programs. In addition,
				42
				U.S.C. 677(i) makes
				available vouchers for education and training to youths who have aged out of
				foster care or were adopted from foster care at age sixteen (16) or older. This
				administrative regulation establishes eligibility and an application process,
				specifies allowable uses, and provides a procedure for administrative hearings
				pertaining to the educational and training vouchers.
Section 1. Definitions.
(1) "Cost of attendance" is defined by
			 20
			 U.S.C. 1087II.
(2) "Educational and training voucher" means
			 resources provided to an eligible individual to meet educational or training
			 purposes as specified under
			 42
			 U.S.C. 677(i).
(3) "Foster care" is defined by
			 KRS
			 620.020(5) and
			 45
			 C.F.R. 1355.20(a).
(4) "Institution of higher education" is
			 defined by
			 20 U.S.C.
			 1001 and
			 1002.
(5) "Tuition waiver" means waiver of tuition
			 and mandatory fees for Kentucky foster or adopted children pursuant to
			 KRS
			 164.2847 and 922 KAR 1:450.
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 1:510 - Authorization for disclosure of protection and permanency records

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.870-61.884,
				194A.050(1),
				45
				C.F.R. 160.103,
				164.501,
				164.502,
				164.508,
				164.512,
				164.524
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 the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				61.876(1) requires the
				cabinet to adopt administrative regulations regarding the protection and
				disclosure of public records in conformity with
				KRS
				61.870 to
				61.884.
				This administrative regulation establishes the authorization requirements for
				disclosure of protection and permanency records.
Section 1. Definitions.
(1) "Disclosure" is defined by
			 45
			 C.F.R. 160.103.
(2) "Official custodian" is defined by
			 KRS
			 61.870(5).
(3) "Protection and permanency records" means
			 a public record as defined in
			 KRS
			 61.870(2) that is prepared,
			 owned, used, in the possession of, or retained by departmental staff providing
			 protection and permanency services.
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 1:520 - Supplements to per diem rates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				199.011(4),
				(10),
				200.503(3),
				600.020(9),
				(30),
				610.110(6),
				620.140(1)(d)
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 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
				605.120(2) requires the
				cabinet to establish a reimbursement system, within existing appropriation
				amounts, for foster parents that comes as close as possible to meeting the
				actual cost of caring for foster children, and to address additional costs
				associated with providing care to children with exceptional needs. In addition,
				Olmstead v. L.C. and E.W., 119 S. Ct. 2176 (1999), held that unnecessary
				institutionalization of a person with a disability may be a violation of the
				Americans with Disabilities Act of 1990,
				3 U.S.C.
				421 and that, given certain exceptions,
				services should be delivered in the most integrated setting appropriate to the
				treatment needs of a person with a disability. This administrative regulation
				establishes the requirements for a foster home to receive a high-risk or
				parenting youth supplement reimbursement, to the extent funds are available,
				for extraordinary care the foster home provides to a child with exceptional
				needs, or a parenting youth, who is in the custody of the cabinet.
Section 1. Definitions.
(1) "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.
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 1:530 - Post-adoption placement stabilization services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				199.011,
				200.575,
				600.020,
				605.100,
				605.130,
				620.170,
				45 C.F.R.
				1355.34(b), (c),
				1356.22,
				42 U.S.C. 673
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				cabinet to promulgate, administer, and enforce those administrative regulations
				necessary to qualify for the receipt of federal funds. To maintain eligibility
				for full funding under Title IV-E and IV-B of the Social Security Act, under
				45 C.F.R.
				1355.34(b) and (c), the
				cabinet shall design services to help children achieve permanency, to include
				post-legal adoption services.
				KRS
				199.472 requires the cabinet to establish
				criteria for the adoption of children by administrative regulation.
				KRS
				605.150 authorizes the cabinet to promulgate
				administrative regulations to implement the provisions of KRS Chapter 605,
				including
				KRS
				605.130(7), which requires
				the cabinet to perform other services necessary for the protection of children,
				and
				KRS
				605.100(1), which requires
				the cabinet to arrange for a program of care, treatment, and rehabilitation of
				the children committed to it. This administrative regulation establishes
				post-adoption placement stabilization services for children who were adopted
				from the custody of the cabinet, to the extent funds are available.
Section 1. Definitions.
(1) "Aftercare plan" means a plan of care for
			 a child upon the discontinuance of post-adoption placement stabilization
			 services, which:
(a) Recommends services for
			 the continued care of the child;
(b) Identifies community resources that have
			 been arranged for the child or parent; and
(c) Includes actions that the parent agrees
			 to take.
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 1:540 - Registration of a foreign adoption

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				199.011(4),
				199.470,
				199.475,
				199.585,
				213.056(2),
				8 U.S.C.
				1201-1204,
				1421-1458,
				42 U.S.C.
				14901-14954,
				22 C.F.R. Part 42
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				cabinet to promulgate, administer, and enforce administrative regulations
				necessary to operate programs and fulfill the responsibilities vested in the
				cabinet.
				KRS
				199.585(1) and (2) require
				the cabinet to register, through a certified notice, an original decree,
				judgment, or final order of adoption of a child approved for United States
				citizenship issued by a court or another governmental authority with
				appropriate jurisdiction in a foreign country.
				KRS
				199.472 mandates that the cabinet establish
				criteria for the adoption of children by administrative regulation. This
				administrative regulation establishes a certified notice registering a foreign
				adoption in Kentucky.
Section 1.
			 Definitions.
(1) "Child" is defined by
			 KRS
			 199.011(4).
(2) "Foreign adoption" means a decree,
			 judgment, or final order of adoption as established in
			 KRS
			 199.585(1).
(3) "IH3" or "IR3" means an immigration visa
			 classification that indicates that the holder is an immediate relative of a
			 United States citizen in accordance with
			 8 U.S.C.
			 1204 and
			 22 C.F.R.
			 42.11.
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 1:550 - Operator's license for children in the custody of the cabinet

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.450,
				186.470,
				186.480,
				186.590,
				199.011(3), (4),
				(15),
				600.020(2),
				(52),
				605.102,
				42 U.S.C.
				672,
				675,
				677
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
				605.102 authorizes the cabinet to promulgate
				an administrative regulation to implement a process utilizing the reasonable
				and prudent parent standard, in conjunction with the child's caregiver, to: (1)
				verify that a child in the custody of the cabinet is age or developmentally
				appropriate to apply for an operator's license, motorcycle operator's license,
				intermediate license, or instruction permit, and (2) request cancellation of a
				child's operator's permit or license. This administrative regulation
				establishes the process for a child in the custody of the cabinet to apply for
				and obtain an operator's permit or license, cancellation of an operator's
				permit or license of a child in the custody of the cabinet, and service
				complaints.
Section 1. Definitions.
(1) "Age or developmentally appropriate" is
			 defined by
			 KRS
			 600.020(2).
(2) "Cabinet" is defined by
			 KRS
			 199.011(3) and
			 600.020(7).
(3) "Caregiver" is defined by
			 KRS
			 605.102(1).
(4) "Child" is defined by
			 KRS
			 199.011(4) and
			 600.020(9).
(5) "Reasonable and prudent parent standard"
			 is defined by 199.011(15) and 600.020(52).
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 1:560 - Putative father registry and operating procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.060,
				199.011,
				199.480,
				199.505,
				199.990,
				620.020(13),
				625.065
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 operate
				programs and fulfill the responsibilities vested in the cabinet.
				KRS
				199.472(1) requires the
				cabinet to promulgate administrative regulations that establish criteria to be
				followed for the adoption of children.KRS
				199.503(3) requires the
				cabinet to establish a putative father registry and promulgate administrative
				regulations to administer the registry. This administrative regulation
				establishes the putative father registry and operating procedures.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 199.011(3).
(2) "Child-placing agency" is defined by
			 KRS
			 199.011(6).
(3) "Department" is defined by
			 KRS
			 199.011(7).
(4) "Putative father" is defined by
			 KRS
			 199.503(2).
(5) "Reasonable efforts" is defined by
			 KRS
			 620.020(13).
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 1:580 - Standards for children's advocacy centers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 17.165, Chapter 273, 600.020(7),
				620.020, 620.045, 620.050
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary under applicable state laws to protect,
				develop, and maintain the health, personal dignity, integrity, and sufficiency
				of the citizens of the Commonwealth and to operate the programs and fulfill the
				responsibilities of the cabinet. In order to be eligible for grants from state
				government entities, KRS 620.045(2)
				requires children's advocacy centers to comply with the statutory definition
				established in KRS
				620.020(4) and
				administrative regulations promulgated by the cabinet. This administrative
				regulation establishes program standards for children's advocacy
				centers.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 600.020(7).
(2) "Governing board" or "board" means the
			 board of directors vested with the legal responsibility for management of the
			 children's advocacy center.
(3)
			 "Referral agreement" means a written protocol or process:
(a) Defined within the operating policies of
			 the center; and
(b) That details
			 how services required by Section 4 of this administrative regulation are
			 established for the center's clients if the center does not have the capacity
			 to provide these services.
(4) "Regional children's advocacy center" or
			 "center" means an agency defined by
			 KRS
			 620.020(4) and designated by
			 the cabinet to serve as the regional children's advocacy center in accordance
			 with KRS
			 620.045(1).
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:100 - Certification of family child-care homes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 158.030, 186.018, 186.020,
				189.125, 194A.050(1), 199.011(3), (4), 199.894(1), (5), 199.895, 199.8951,
				199.896(18), 199.897, 199.898, 199.8982, 214.010, 214.036, 311.646, 314.011(5),
				527.070(1), 600.020, 620.020(8), 620.030,
				7 C.F.R.
				226.20,
				16 C.F.R.
				1219,
				1220,
				1221,
				45 C.F.R.
				98.2,
				49 C.F.R.
				571.213,
				20 U.S.C.
				6081-6084,
				42 U.S.C.
				9831-9852,
				9857-9858r
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, qualify for the receipt of federal
				funds, and cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				199.8982(1)(f) requires the
				cabinet to promulgate administrative regulations to establish standards for the
				issuance, monitoring, release of information, renewal, denial, revocation, and
				suspension of a certificate of operation, and to impose minimum staff-to-child
				ratios for a family child-care home. The statute authorizes the cabinet to
				establish minimum safety requirements for operation of a certified family
				child-care home. This administrative regulation establishes minimum
				requirements intended to protect the health, safety, and welfare of children
				cared for by certified family child-care home providers.
Section 1. Definitions.
(1) "Assistant" means a person:
(a) Who meets the requirements listed in
			 Section 2(6) and Section 10(6), (7), and (8) of this administrative regulation;
			 and
(b) Whose work is either paid
			 or unpaid.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:165 - Employee Child Care Assistance Partnership

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				199.881-888,
				199.8943,
				42 U.S.C.
				2000d
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, qualify for the receipt of federal
				funds, and cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				199.884 requires the cabinet to promulgate
				administrative regulations to effectuate the provisions of
				KRS
				199.881 to
				199.888.
				KRS
				199.8994 requires the cabinet to administer
				all child care funds in a manner that is in the best interest of the clients to
				be served. This administrative regulation establishes eligibility requirements
				and procedures for the implementation of the Employee Child Care Assistance
				Partnership to the extent that funding is available.
Section 1. Definitions.
(1) "Applicant" means an employer applying
			 for the Employee Child Care Assistance Partnership (ECCAP) program with the
			 intention of entering into a contract with an employee and a child care
			 provider to support an employee by contributing to his or her child care
			 costs.
(2) "Cabinet" is defined by
			 KRS
			 199.882(1).
(3) "Child care" means the provision of care
			 for a child for a portion of a day on a regular basis, designed to supplement,
			 but not substitute for, the parent or guardian's responsibility for the child's
			 protection, development, and supervision.
(4) "Child care desert" means a census tract
			 with more than fifty (50) children under the age of five (5) that contains
			 either no child care providers or so few that there are more than three (3)
			 times as many children as licensed child care slots.
(5) "Contribution" is defined by
			 KRS
			 199.882(3).
(6) "Eligible child care costs" is defined by
			 KRS
			 199.882(4).
(7) "Employee" is defined by
			 KRS
			 199.882(5).
(8) "Employer" is defined by
			 KRS
			 199.882(6).
(9) "Family" means a parent, child, or other
			 responsible adult residing in the same home as a child.
(10) "Fund" is defined by
			 KRS
			 199.882(7).
(11) "Program" is defined by
			 KRS
			 199.882(8).
(12) "Responsible adult" means an individual
			 who is:
(a) The natural parent, adoptive
			 parent, or stepparent;
(b) The
			 legal guardian of a child; or
(c)
			 The spouse of an individual caring for a child in loco parentis.
(13) "Small business" is defined
			 by KRS
			 199.882(9).
(14) "State match" is defined by
			 KRS
			 199.882(10).
(15) "State median household income" is
			 defined by KRS
			 199.882(11).
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:180 - Requirements for registered relative child care providers in the Child Care Assistance Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				199.011(3), (4),
				199.894(1),
				199.896,
				199.898,
				620.020(8),
				620.030, 45 C.F.R. Part 98
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, qualify for the receipt of federal
				funds, and cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				199.8994(6) requires the
				cabinet to promulgate administrative regulations to establish minimum health
				and safety standards, limitations on the maximum number of children in care,
				training requirements for a child care provider that receives a child care
				subsidy administered by the cabinet, and criteria for the denial of subsidies
				if criminal records indicate convictions that impact the safety and security of
				children in care. 45 C.F.R. Part 98 authorizes states to deliver high-quality,
				coordinated early childhood care and education services and improve the overall
				quality of child care services and programs. This administrative regulation
				establishes requirements for providers to participate in the Child Care
				Assistance Program and the application procedures.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 199.011(3) and
			 199.894(1).
(2) "Child" is defined by
			 KRS
			 199.011(4).
(3) "Closed" means the provider is no longer
			 a registered relative program provider.
(4) "Conditional approval" means time-limited
			 approval while completing required training.
(5) "Denied" means the application for
			 program registration is not approved and the applicant will be
			 penalized.
(6) "Parent" is defined
			 by 45 C.F.R.
			 98.2.
(7) "Pediatric abusive head trauma" is
			 defined by KRS
			 620.020(8).
(8) "Related" means the child has one (1) of
			 the following relationships with the registered relative provider:
(a) Grandchild;
(b) Great-grandchild;
(c) Niece;
(d) Nephew; or
(e) Sibling, if the registered relative
			 provider lives in a separate residence.;
(9) "Revoked" means the provider is no longer
			 a registered provider and the provider will be penalized.
(10) "Withdrawn" means the application for
			 program registration is removed from consideration without a penalty.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:190 - Civil penalties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 194A.030, 199.011(3), 199.894(1),
				(3), 199.896, 199.990,
				42 U.S.C.
				9857-9858q
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 programs and fulfill
				responsibilities vested in the cabinet, qualify for the receipt of federal
				funds, and cooperate with other states and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				199.896(2) authorizes the
				secretary to promulgate administrative regulations to establish procedures for
				enforcement of penalties. This administrative regulation establishes the
				cabinet procedures for a civil penalty and appeal resulting from a child-care
				center's violation.
Section 1.
			 Definitions.
(1) "Cabinet" is defined by
			 KRS
			 199.011(3) and
			 199.894(1).
(2) "Child-care center" is defined by
			 KRS
			 199.894(3).
(3) "Licensee" means the owner or operator of
			 a child-care center to include:
(a) Sole
			 proprietor;
(b)
			 Corporation;
(c) Limited liability
			 company;
(d) Partnership;
(e) Association; or
(f) Organization, such as:
1. Board of education;
2. Private school;
3. Faith-based organization;
4. Government agency; or
5. Institution.
(4) "Office of Inspector General"
			 or "OIG" means the organizational unit of the cabinet established in accordance
			 with
			 KRS
			 194A.030(1)(c) or its
			 designee.
(5) "Statement of
			 deficiency" means a finding of a regulatory noncompliance issued in accordance
			 with 922 KAR 2:090, Section 14.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:230 - Director's credential

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.518(3),
				199.8941(4),
				199.896(15)
				- (17)
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 cooperate with other state and federal
				agencies for the proper administration of the cabinet and its programs.
				KRS
				200.703(3) requires the
				cabinet to implement programs funded by the Early Childhood Advisory Council.
				KRS
				164.518(3) requires the
				cabinet to participate in the promulgation of administrative regulations
				including monetary incentives for scholarship program participants. This
				administrative regulation establishes the requirements for individuals to
				obtain a directors credential.
Section
			 1. Eligibility.
(1) An
			 individual eligible for a director's credential shall have completed twelve
			 (12) college credit hours in the following areas:
(a) Local, state, and federal regulations and
			 laws;
(b) Ethics;
(c) Programming for families and
			 children;
(d) Supervision and staff
			 development;
(e) Health and
			 safety;
(f) Financial management
			 and marketing; and
(g) Community
			 collaboration and resource management.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:240 - Kentucky Early Care and Education Trainer's Credential and training approval

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.518(3),
				199.896(15)
				- (17), 199.8982(1)(a)6, (2),
				42 U.S.C.
				9831-9852
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 cooperate with other state and federal
				agencies for the proper administration of the cabinet and its programs.
				KRS
				200.703(3) requires the
				cabinet to implement programs funded by the Early Childhood Advisory Council.
				KRS
				199.896(17) and
				199.8982(3)
				require the cabinet to make available training for child care providers through
				the development or approval of a model training curriculum and training
				materials, including video instruction material.
				KRS
				199.8941(4) requires the
				cabinet to encourage the professional development of persons who are employed
				or provide training in a child care or early childhood setting by facilitating
				their participation in the scholarship program.
				KRS
				164.518(3) requires the
				cabinet to assist in the promulgation of administrative regulations that
				include a system of monetary incentives for scholarship program participants.
				This administrative regulation establishes the requirements for an individual
				to obtain a Kentucky Early Care and Education Trainer's Credential and
				identifies whom the credentialed individual may train.
Section 1. Definitions.
(1) "Adult learning theory" means the
			 concepts and principles that explain how adults gain knowledge and skills that
			 result in relatively long-term changes in attitude and behavior.
(2) "Asynchronous learning" means forms of
			 education, instruction, and learning that occur at different times and in
			 different places, and may be accessed individually by trainees.
(3) "Child Development Associate" or "CDA"
			 means the nationally recognized credential approved by the Council for
			 Professional Recognition.
(4)
			 "Clock hour" means a sixty (60) minute period of instruction.
(5) "Full-time, paid experience" means
			 working at least thirty (30) hours per week or the equivalent in an early care
			 and education setting.
(6)
			 "Synchronous learning" means forms of education, instruction, and learning that
			 occur at the same time in real time, but not in the same place.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:245 - Kentucky Infant and Toddler Credential

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				620.020(8)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) authorizes the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to cooperate with other state and federal
				agencies for the proper administration of the cabinet and its programs.
				KRS
				199.896(17) and
				199.8982(3)
				require the cabinet to make available training for child care providers through
				the development or approval of a model training curriculum and training
				materials, including video instruction material. This administrative regulation
				establishes the requirements for applicants to complete the required training
				and education in order to obtain a Kentucky Infant and Toddler
				Credential.
Section 1. Definitions.
(1) "Applicant" means an individual making an
			 application for any level of an Infant and Toddler Credential.
(2) "Child Development Associate" or "CDA"
			 means the nationally recognized credential approved by the Council for
			 Professional Recognition.
(3)
			 "Clock hour" means a sixty (60) minute period of instruction.
(4) "Infant" means a child who is less than
			 twelve (12) months of age.
(5)
			 "Pediatric abusive head trauma" is defined by
			 KRS
			 620.020(8).
(6) "Toddler" means a child between the age
			 of twelve (12) and thirty-six (36) months.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:250 - Commonwealth Child Care Credential

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				164.518(3),
				199.8941(4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) authorizes the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to cooperate with other state and federal
				agencies for the proper administration of the cabinet and its programs.
				KRS
				200.703(3) requires the
				cabinet to implement programs funded by the Early Childhood Advisory Council.
				In addition,
				KRS
				199.896(17) and
				199.8982(3)
				require the cabinet to make available training for child care providers through
				the development or approval of a model training curriculum and training
				materials, including video instruction material. This administrative regulation
				establishes the requirements for child care providers to obtain a Commonwealth
				Child Care Credential.
Section 1.
			 Definitions.
(1) "Candidate" means a child
			 care provider making application for the Commonwealth Child Care
			 Credential.
(2) "Credentialed child
			 care provider" means a child care provider awarded the Commonwealth Child Care
			 Credential.
(3) "Planned program of
			 instruction" means a program consisting of training for a child care provider
			 provided by an organization approved by the cabinet.
(4) "Professional development counselor"
			 means an individual approved by the cabinet who provides guidance to a
			 potential candidate applying for a Commonwealth Child Care
			 Credential.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:255 - Kentucky School-Aged Youth Development Credential

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				158.030,
				164.518(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) authorizes the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to cooperate with other state and federal
				agencies for the proper administration of the cabinet and its programs.
				KRS
				199.896(17) and
				199.8982(3)
				require the cabinet to make available training for child care providers through
				the development or approval of a model training curriculum and training
				materials, including video instruction material.
				KRS
				164.518(3) requires the
				cabinet to participate in the promulgation of administrative regulations
				including monetary incentives for scholarship program participants. This
				administrative regulation establishes the requirements that shall be met for an
				applicant to obtain a School-Aged Youth Development Credential.
Section 1. Definitions.
(1) "Applicant" means an individual making an
			 application for any level of a School-Aged Youth Development
			 Credential.
(2) "Cabinet-approved
			 school-aged youth development topics" means subject matter relating directly to
			 school-aged children based on developmentally appropriate and age-appropriate
			 practice that have been approved by the cabinet or designated third party as
			 meeting the training requirements established in
			 922 KAR 2:240.
(3) "Child Development Associate" or "CDA"
			 means the nationally recognized credential approved by the Council for
			 Professional Recognition.
(4)
			 "Clock hour" means a sixty (60) minute period of instruction.
(5) "School-aged" means a child who meets the
			 age requirements established in
			 KRS
			 158.030 or who attends kindergarten,
			 elementary, or secondary education.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:260 - Child care service appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 23A.010, 194A.005, 194A.030(1),
				45
				C.F.R. Part 98, 205.10,
				42
				U.S.C. 601-619,
				9857-9858q
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.010(2) designates the
				Cabinet for Health and Family Services as the primary state agency responsible
				for leadership in protecting and promoting the well-being of Kentuckians
				through the delivery of quality human services.
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to implement programs mandated by federal
				law or to qualify for the receipt of federal funds. Under
				42 U.S.C.
				9858c, the cabinet is the agency designated
				to administer the Child Care and Development Fund block grant.
				KRS
				13B.170 permits an agency to promulgate
				administrative regulations to carry out provisions of KRS Chapter 13B
				pertaining to administrative hearings. This administrative regulation
				establishes cabinet procedures related to appeals and complaints for child care
				benefits and services under 922 KAR Chapter 2 effective October 1, 2017.
Section 1. Definitions.
(1) "Child care assistance" means the subsidy
			 benefits as described by 922 KAR 2:160, Child Care Assistance
			 Program.
(2) "Commissioner" means
			 the Commissioner of the Department for Community Based Services or
			 designee.
(3) "Contract agency"
			 means a business or organization that offers child care benefits or services to
			 the public through a contract or agreement with the cabinet.
(4) "Good cause" means justification for
			 failure to carry forward with a legal obligation related to an appeal in
			 accordance with Section 5(8) of this administrative regulation.
(5) "Parent" is defined by
			 45
			 C.F.R. 98.2.
(6) "Provider" means the entity providing
			 child care services.
(7)
			 "Registered child care provider" means a caregiver registered under 922 KAR
			 2:180, Requirements for registered child care providers in the Child Care
			 Assistance Program.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:280 - Background checks for child care staff members, reporting requirements, and appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.165, 17.500-17.580, 199.011(14), 199.466,
				199.894, Chapter 209, 336.220, Chapter 506, 511, 515, 520, 525, 527, 529, 530,
				625.050-625.120,  45 C.F.R. 98.43,  34 U.S.C. 20921,  42 U.S.C. 9857-9858q
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires
				the secretary to promulgate administrative regulations necessary to implement
				programs mandated by federal law, 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 program. KRS 199.896(2) and
				199.8982(1)(f) authorize, and 199.8994(6) requires the cabinet to promulgate
				administrative regulations pertaining to standards of a child-care center,
				family child-care home, and a child care provider that receives a child care
				subsidy administered by the cabinet, including criminal convictions that impact
				the safety and security of children in care. KRS 199.8965(8) requires the
				cabinet to promulgate an administrative regulation necessary to implement child
				care staff member background checks in accordance with  42 U.S.C. 9858f  and
				implementing federal rule. This administrative regulation establishes
				background check requirements for child care staff members, reporting
				requirements, and appeals.
Section 1.
			 Definitions.
(1) "Cabinet" is defined by KRS 199.894(1).
(2) "Child-care center"
			 is defined by KRS 199.894(3).
(3)
			 "Child care provider" is defined by  45 C.F.R. 98.43(a)(2)(i).
(4) "Child care staff member" is defined by
			  45 C.F.R. 98.43(a)(2)(ii).
(5)
			 "Family child-care home" is defined by KRS 199.894(5).
(6) "Kentucky National Background Check
			 Program" or "NBCP" means a background screening program administered by the
			 cabinet in accordance with  906 KAR 1:190 and  45 C.F.R. 98.43(b).
(7) "Rap back system" is defined by KRS 199.011(14).
(8) "Registered
			 relative child care provider" means a child care provider who meets the
			 requirements established in  922 KAR 2:180.
(9) "State and national criminal history
			 records" means all background check components required by  45 C.F.R. 98.43(b).
(10) "Type II child-care
			 center" means the primary residence of the licensee in which child care is
			 regularly provided for at least seven (7), but not more than twelve (12),
			 children including children related to the licensee.