reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:025 - Technical requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.2005, 7 C.F.R. Parts 271-285,
				273.4,
				273.5,
				273.7,
				273.11,
				45 C.F.R. 261.2,
				7 U.S.C.
				2011,
				2014,
				2015(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.
				7 C.F.R.
				271.4 requires the cabinet to administer a
				Supplemental Nutrition Assistance Program (SNAP) within the state. 7 C.F.R.
				Parts 272 and 273 establish requirements for the cabinet to participate in the
				SNAP. In addition,
				7 U.S.C. 2014
				establishes that an otherwise-qualified alien who is blind or receiving a
				disability benefit, who has lived in the United States for at least five (5)
				years, or who is under eighteen (18) years of age shall be eligible to
				participate in SNAP regardless of the date he entered the United States. This
				administrative regulation establishes the technical eligibility requirements
				used by the cabinet in the administration of SNAP.
Section 1. Definitions.
(1) "Exempt" means excused by the department
			 from participation in the Supplemental Nutrition Assistance Program Employment
			 and Training Program (E&T).
(2)
			 "Qualified alien" is defined by
			 7 C.F.R.
			 273.4.
(3) "Student" means a person who is between
			 the ages of eighteen (18) and forty-nine (49), physically and mentally fit, and
			 enrolled at least half-time in an institution of higher education.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:027 - Technical requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.2005, 7 C.F.R. Parts 271-285, 273.4,
				273.5, 273.7, 273.11, 45
				C.F.R. 261.2,
				7 U.S.C.
				2011,
				2014,
				2015(d),
				2015(o)(3)(A),
				19 U.S.C.
				2296,
				20 U.S.C.
				28 Subchapter III Part F,
				21 U.S.C.
				862a(a), (d)(1),
				42 U.S.C.
				681,
				Pub.L.
				116-260
								Section
				702,
				Pub.L.
				118-5 Section 311
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. 7
				C.F.R. 271.4 requires the cabinet to
				administer a Supplemental Nutrition Assistance Program (SNAP) within the state.
				7 C.F.R. Parts 272 and 273 establish requirements for the cabinet to
				participate in the SNAP. 7
				U.S.C. 2014 establishes that an
				otherwise-qualified immigrant who is blind or receiving a disability benefit,
				who has lived in the United States for at least five (5) years, or who is under
				eighteen (18) years of age shall be eligible to participate in SNAP regardless
				of the date he or she entered the United States. This administrative regulation
				establishes the technical eligibility requirements used by the cabinet in the
				administration of SNAP. Section 702 of
				Pub.L.
				116-260, the Consolidated Appropriations Act of
				2021, authorized temporarily expanded eligibility for qualifying students.
				Section
				311 of
				Pub.L.
				118-5, the Fiscal Responsibility Act of 2023,
				authorized modification of time limits of work requirement exemptions
				applicable to individuals of specific ages, homeless individuals, veterans, and
				former foster youth.
Section 1.
			 Definitions.
(1) "Exempt" means excused by
			 the department from participation in the Supplemental Nutrition Assistance
			 Program Employment and Training Program (E&T).
(2) "Qualified immigrant" has the same
			 meaning as "qualified alien", as defined by
			 7 C.F.R.
			 273.4.
(3) "Student" means a person who is between
			 the ages of eighteen (18) and forty-nine (49), physically and mentally fit, and
			 enrolled at least half-time in an institution of higher education.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:030 - Application process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				116.048,
				205.2005,
				7 C.F.R.
				273.2,
				7
				U.S.C. 2020(e)(2)(B),
				42
				U.S.C. 2000d,
				52 U.S.C.
				20506
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.010(2) requires the
				Cabinet for Health and Family Services to administer income-supplement programs
				that protect, develop, preserve, and maintain families and children in the
				Commonwealth.
				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.
				7 U.S.C.
				2011 to
				2029 and
				7 C.F.R.
				271.4 authorize the cabinet to administer a
				Supplemental Nutrition Assistance Program (SNAP) and prescribe the manner in
				which the program shall be implemented.
				7
				U.S.C. 2020(e)(2)(B)
				requires the cabinet to develop a uniform application process.
				KRS
				116.048(1) designates the
				cabinet as a voter registration agency in accordance with
				52 U.S.C.
				20506. This administrative regulation
				establishes the application and the voter registration processes used by the
				cabinet in the administration of the SNAP.
Section
			 1. Right to Apply or Reapply.
(1)
			 An individual shall have the right to apply or reap-ply for SNAP benefits on
			 the same day that the household first contacts the Department for Community
			 Based Services (DCBS) office during office hours.
(2) The cabinet shall make the application
			 process readily accessible to a household.
(3) In accordance with the procedures
			 established in
			 920 KAR
			 1:070, interpreter services shall be provided for a
			 person who is:
(a) Deaf; or
(b) Hard of hearing.
(4) In accordance with
			 42
			 U.S.C. 2000d, interpreter services shall be
			 provided for a person who is Limited English Proficient.
(5) An application shall be considered filed
			 if:
(a) A FS-1, Application for SNAP,
			 containing the name, address, and signature of the applicant is received by a
			 DCBS office; or
(b) Application for
			 benefits and another public assistance program is made in accordance with
			 921
			 KAR 2:040 and Section 6 of this administrative
			 regulation.
(6) An
			 application shall be processed after the:
(a)
			 Applicant or representative is interviewed;
(b) Required information and verification for
			 the application is provided to the DCBS office; and
(c) Application and all related documents are
			 received by the DCBS office, in accordance with Section 3(1) of this
			 administrative regulation.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:035 - Certification process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				7
				C.F.R. 271.2,
				273.1,
				273.2,
				273.4,
				273.5,
				273.10,
				273.11,
				273.12,
				273.14, 274,
				280.1,
				7 U.S.C.
				2014,
				2015(d),
				42
				U.S.C. 5122,
				5179
NECESSITY, FUNCTION, AND CONFORMITY:
				7 C.F.R.
				271.4 requires the Cabinet for Health and
				Family Services to administer a Supplemental Nutrition Assistance Program
				(SNAP) within the state.
				KRS
				194A.050(1) requires the
				secretary 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. This administrative regulation
				establishes the certification process used by the cabinet in the administration
				of SNAP.
Section 1. Eligibility and
			 Benefit Levels.
(1) Eligibility and benefit
			 levels shall be determined by the cabinet by considering a household's
			 circumstance for the entire period for which each household is
			 certified.
(2) Certification
			 criteria shall be applicable to all households.
(3) Certain households shall require special
			 or additional certification procedures as established in Section 5 of this
			 administrative regulation.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:042 - Supplemental Nutrition Assistance Program Employment and Training Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				7
				C.F.R. 273.7,
				273.24,
				7 U.S.C.
				2015(d)
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and
				Family Services is required by
				7
				C.F.R. 273.7 to administer a Supplemental
				Nutrition Assistance Program (SNAP) Employment and Training Program.
				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. This administrative regulation establishes technical
				eligibility requirements used by the cabinet in the administration of the SNAP
				Employment and Training (E&T) Program.
Section
			 1. Definitions.
(1) "Basic
			 education" means an activity necessary to attain a high school diploma or
			 equivalent and may include:
(a) Adult basic
			 skills;
(b) English as a Second
			 Language; and
(c) Foundational
			 skills instruction.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:045 - Issuance procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				7 C.F.R.
				274.2,
				274.4,
				274.5,
				274.6
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.
				7 C.F.R.
				271.4 delegates the authority to Kentucky and
				requires the state agency to be responsible for the administration of the
				Supplemental Nutrition Assistance Program (SNAP) within the state. The cabinet
				shall follow procedures established in
				7 C.F.R.
				274.1 in the operation of an electronic
				benefit transfer or "EBT" system. This administrative regulation establishes
				issuance procedures used by the cabinet in the administration of SNAP.
Section 1. Basic Issuance Requirements.
(1) The cabinet shall be responsible for the
			 timely and accurate issuance of benefits to eligible households.
(2) In issuing benefits, the cabinet shall
			 ensure that:
(a) Only certified households
			 receive benefits;
(b) Program
			 benefits shall be distributed in the correct amounts; and
(c) Benefit issuance and reconciliation
			 activities shall be properly conducted and accurately reported to the Food and
			 Nutrition Service (FNS).
(3) The cabinet shall advise the recipient at
			 time of application that:
(a) Unused benefits
			 shall be expunged in accordance with Section 6 of this administrative
			 regulation; and
(b) Expunged
			 benefits shall be:
1. Applied for benefit
			 overpayments in accordance with
			 921 KAR
			 3:050; or
2. Returned to the FNS of the U.S. Department
			 of Agriculture.
(4) The cabinet shall maintain issuance
			 records for a period of three (3) years from the month of origin.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:050 - Claims and additional administrative provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				7 C.F.R.
				272.1,
				272.5,
				272.6,
				273.16,
				273.17,
				273.18,
				26
				C.F.R. 301.6402-6
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.010(2) requires the
				Cabinet for Health and Family Services to administer income-supplement programs
				that protect, develop, preserve, and maintain families and children in the
				Commonwealth.
				KRS
				194A.050(1) requires the
				secretary 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.
				7 C.F.R.
				271.4 requires each state to administer a
				Supplemental Nutrition Assistance Program (SNAP).
				7 C.F.R.
				273.18 requires the agency administering SNAP
				to develop a process to establish and collect claims. This administrative
				regulation establishes the criteria for recipient claims, collections
				provisions, and additional provisions used by the cabinet in the administration
				of SNAP.
Section 1. Responsibility for
			 a Claim. The following individuals shall be responsible for paying a recipient
			 claim as defined in
			 921 KAR 3:010:
(1) An individual who was an adult member of
			 the household during the time period when the overissuance or trafficking
			 occurred;
(2) A sponsor of an alien
			 household member if the sponsor is at fault; or
(3) A person connected to the household, such
			 as an authorized representative, who actually traffics or otherwise causes an
			 overissuance or trafficking.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:060 - Administrative disqualification hearings and penalties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 205.231,
				7
				C.F.R. 273.15,
				273.17,
				7 U.S.C.
				2015
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.010(2) requires the
				Cabinet for Health and Family Services to administer income-supplement programs
				that protect, develop, preserve, and maintain families and children in the
				Commonwealth.
				KRS
				194A.050(1) requires the
				secretary 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
				205.231 establishes the appeals process for
				applicants or recipients of public assistance.
				7 C.F.R.
				271.4 requires each state to administer a
				Supplemental Nutrition Assistance Program (SNAP).
				7 C.F.R.
				273.16 requires the agency administering SNAP
				to provide a hearing process for individuals accused of intentionally violating
				a SNAP regulation and to implement penalties and disqualifications for these
				violations.
				KRS
				13B.170 authorizes the cabinet to promulgate
				administrative regulations that are necessary to carry out the hearing process
				to be followed in the Commonwealth. This administrative regulation establishes
				the procedures used by the cabinet in determining if an intentional program
				violation (IPV) has occurred and the penalties that shall be applied for an
				IPV.
Section 1. Administrative
			 Disqualification Hearings.
(1) Unless a
			 different procedure is specified in this administrative regulation, an
			 administrative disqualification hearing shall:
(a) Be conducted in accordance with
			 921 KAR 3:070 and
			 KRS Chapter 13B; and
(b) Include
			 the issuance of an order in accordance with the Correspondence from the Office
			 of the Attorney General dated April 5, 2012.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:070 - Fair hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 23A.010, 45.237, 205.231,
				7
				C.F.R. 273.15
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.010(2) requires the
				Cabinet for Health and Family Services to administer income-supplement programs
				that protect, develop, preserve, and maintain families and children in the
				Commonwealth.
				KRS
				194A.050(1) requires the
				secretary to promulgate administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal funds
				necessary to cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				7 C.F.R.
				271.4 requires each state to administer a
				Supplemental Nutrition Assistance Program (SNAP).
				7
				C.F.R. 273.15 requires the agency
				administering SNAP to provide a hearing system for any SNAP applicant or
				recipient who is dissatisfied with an agency decision or action.
				KRS
				13B.170 authorizes the cabinet to promulgate
				administrative regulations that are necessary to carry out the hearing process
				to be followed in the Commonwealth. This administrative regulation establishes
				the fair hearing procedures used by the cabinet in the administration of the
				Supplemental Nutrition Assistance Program.
Section
			 1. Opportunity for Fair Hearing.
(1) An opportunity for a fair hearing shall
			 be provided to a household aggrieved by an action or inaction:
(a) On the part of the cabinet; and
(b) That affects the SNAP benefits of the
			 household.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:090 - Simplified Assistance for the Elderly Program or ''SAFE''

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				7 C.F.R. 273.1,
				273.2,
				273.9,
				273.10,
				273.12,
				273.14
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.
				7 C.F.R.
				271.4 delegates the administration of the
				Supplemental Nutrition Assistance Program (SNAP) to the state agency. This
				administrative regulation establishes requirements for the Simplified
				Assistance for the Elderly Program (SAFE), a demonstration project administered
				by the cabinet to improve access to SNAP for elderly and disabled
				individuals.
Section 1. Definitions.
(1) "Regular SNAP benefits" means SNAP
			 benefits received in accordance with the procedures specified in:
(a)
										921 KAR
			 3:020, Financial Requirements;
(b)921 kar 3:027, Technical
			 Requirements;
(c)
										921 KAR
			 3:030, Application Process; and
(d)
										921 KAR
			 3:035, Certification Process.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:095 - Elderly Simplified Application Project or "ESAP"

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: 7
				C.F.R. 273.2,
				273.10
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
				205.1783(1)(b) requires the
				cabinet to request a waiver from the United States Department of Agriculture to
				implement an Elderly Simplified Application Project for individuals who have no
				earned income and who are over sixty (60) years of age or who are disabled.
				KRS
				205.1783(f) requires the
				cabinet to promulgate administrative regulations necessary to administer this
				section. 7 C.F.R.
				271.4 delegates the administration of the
				Supplemental Nutrition Assistance Program (SNAP) to the state agency. This
				administrative regulation establishes requirements for the Elderly Simplified
				Application Project (ESAP), a demonstration project administered by the cabinet
				to improve access to SNAP for elderly and disabled individuals.
Section 1. Definitions.
(1) "Elderly Simplified Application Project"
			 or "ESAP" means a SNAP program for individuals who are age sixty (60) and older
			 or disabled, with no earned income.
(2) "Regular SNAP benefits" means SNAP
			 benefits received in accordance with the procedures established in:
(a)
										921 KAR 3:020, Financial
			 requirements;
(b)
										921 KAR 3:027, Technical
			 requirements;
(c)
										921 KAR 3:030, Application
			 process; and
(d)
										921 KAR 3:035, Certification
			 process.
(3) "Shelter
			 costs" means monthly rent or mortgage expenses as stated by the
			 applicant.
Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 3 - Supplemental Nutrition Assistance Program › Section 921 KAR 3:100 - Transitional benefit alternative

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: 7
				C.F.R. 273.26-
				273.32
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
				205.1783(1)(a) requires the
				cabinet to establish a transitional benefit alternative as described in
				7 C.F.R.
				273.26 to
				273.32.
				7 C.F.R.
				271.4 delegates the administration of the
				Supplemental Nutrition Assistance Program (SNAP) to the state agency. This
				administrative regulation establishes a SNAP transitional benefit
				alternative.
Section 1. Definitions.
(1) "Kentucky Transitional Assistance
			 Program" or "KTAP" means the program established in
			 921 KAR 2:006.
(2) "Regular SNAP benefits" means SNAP
			 benefits received in accordance with the procedures established in:
(a)
										921 KAR 3:020, Financial
			 requirements;
(b)
										921 KAR 3:027, Technical
			 requirements;
(c)
										921 KAR 3:030, Application
			 process; and
(d)
										921 KAR 3:035, Certification
			 process.
(3)
			 "Transitional benefit alternative" or "transitional benefits" means a
			 consistent SNAP benefit amount received for a period of up to five (5) months
			 during which a household transitions out of KTAP.
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 1:010 - Independent non-relative adoptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				199.011,
				199.470-
				199.473, 199.474(1)(b), 199.480, 199.490(3), 199.492, 199.493, 199.500,
				199.510, 199.520, 199.540, 199.570, 199.572, 199.590, 199.990, 615.030, Chapter
				625
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary 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
				199.472 requires the cabinet to promulgate
				administrative regulations that establish criteria to be followed for adoption
				of children.
				KRS
				199.473(3) requires a home
				study to be made in accordance with administrative regulations promulgated by
				cabinet. This administrative regulation establishes the procedure for an
				independent non-relative adoption.
Section
			 1. Definitions.
(1) "Adoption
			 worker" is defined by
			 KRS
			 199.011(1).
(2) "Child" is defined by
			 KRS
			 199.011(4).
(3) "Child-placing agency" is defined by
			 KRS
			 199.011(6).
(4) "Compact administrator" means the
			 individual appointed pursuant to the terms of the Interstate Compact on the
			 Placement of Children (ICPC) who is responsible for the administration and
			 management of the ICPC within the Commonwealth of Kentucky.
(5) "Home study" is defined by
			 KRS
			 199.474(1)(b).
(6) "Independent non-relative adoption" means
			 an adoption that is not exempted from secretary approval by
			 KRS
			 199.470(4).
(7) "Prospective adoptive parent" is defined
			 by 922 KAR 1:100(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 1:050 - State funded adoption assistance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				199.555,
				205.639(17),
				216B.450(5),
				600.020(21),
				(54),
				620.020(5),
				Chapter 625
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary 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
				199.555(10) requires the
				cabinet to establish and promulgate by administrative regulation criteria to be
				followed for the adoption of special needs children. This administrative
				regulation establishes guidelines for the implementation of the state-funded
				adoption assistance program for children who may otherwise grow up in foster
				care.
Section 1. Definitions.
(1) "Adoption subsidy" means a payment for a
			 special needs child placed for adoption when an adoption assistance agreement
			 is complete.
(2) "Extraordinary
			 medical expenses" is defined by
			 KRS
			 199.555(4).
(3) "Nonrecurring adoption expenses" is
			 defined by
			 KRS
			 199.555(3).
(4) "Secretary" means the Secretary of the
			 Cabinet for Health and Family Services or de-signee.
(5) "Special needs child" is defined by
			 KRS
			 199.555(1).
(6) "State-funded adoption assistance" is
			 defined by
			 KRS
			 199.555(2).
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 1:060 - Federal Title IV-E adoption assistance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				199.500(1),
				199.502,
				199.555,
				199.557,
				Chapter 625,
				45
				C.F.R. 1356.40(b),
				1356.41,
				42 U.S.C.
				673,
				675(3),
				1382c(a)(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate administrative regulations necessary to operate the
				programs and fulfill the responsibilities vested in the cabinet.
				KRS
				199.557(4) requires the
				cabinet to implement federal Title IV-E adoption assistance payments in
				accordance with the administrative regulations promulgated by the cabinet. This
				administrative regulation establishes guidelines for the implementation of the
				federal Title IV-E adoption assistance program for children who may otherwise
				grow up in foster care.
Section 1.
			 Definitions.
(1) "Adoption assistance
			 agreement" is defined by
			 42
			 U.S.C. 675(3).
(2) "Adoption subsidy" means a payment for a
			 special needs child placed for adoption when an adoption assistance agreement
			 is complete.
(3) "Federal Title
			 IV-E adoption assistance" is defined by
			 KRS
			 199.557(1).
(4) "Nonrecurring adoption expenses" is
			 defined by
			 42 U.S.C.
			 673(a)(6).
(5) "Relative" means the father, mother,
			 grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother,
			 stepsister, uncle, aunt, first cousin, nephew, niece, great grandmother, great
			 grandfather, great aunt, or great uncle of the 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 1:100 - Public agency adoptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.060(1),
				199.011(4),
				(10),
				199.430(3),
				199.520,
				199.525,
				199.570,
				199.572,
				199.575,
				202B.010(12),
				600.020(30), (52),
				(63),
				605.090,
				615.030,
				620.050,
				620.360,
				625.045,
				625.108,
				45 C.F.R.
				1355-1357,
				25 U.S.C.
				1901-1911,
				42 U.S.C.
				620-620b,
				622(b)(9),
				629-629i,
				670-679b,
				1996,
				1996b
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to establish policies
				and operate programs to protect, develop, and maintain the health, dignity,
				integrity, and sufficiency of the citizens of the Commonwealth and necessary to
				operate the programs and fulfill the responsibilities vested in the cabinet.
				KRS
				199.472 requires the cabinet to establish
				criteria for the public agency adoption of children in the custody of the
				cabinet. This administrative regulation establishes the procedures for public
				agency adoptions.
Section 1.
			 Definitions.
(1) "Approved adoptive parent"
			 means a family approved in accordance with:
(a)
										922 KAR 1:310;
(b)
										922 KAR 1:350; or
(c) Section 6 of this administrative
			 regulation.
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 1:130 - Kinship care program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.060,
				199.462(1),
				205.175,
				205.177,
				205.210,
				205.211,
				205.720(1),
				403.270,
				403.280,
				405.020(3),
				(4),
				600.020(1),
				(20), (50),
				610.010(8),
				615.030,
				620.027,
				620.050,
				620.080,
				620.090,
				620.130(2),
				620.230(2),
				45
				C.F.R. 264.30,
				42
				U.S.C. 601-619
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 Chapter 205 requires the Cabinet for Health and
				Family Services to administer the public assistance programs.
				KRS
				205.200(2) requires the
				cabinet to prescribe, by administrative regulation, the conditions of
				eligibility for public assistance, in conformity with the Social Security Act,
				42
				U.S.C. 601-619 and federal
				regulations.
				KRS
				605.150(1) authorizes the
				cabinet to promulgate administrative regulations to implement provisions of KRS
				Chapter 605, Administrative Matters.
				KRS
				605.120(5) authorizes the
				cabinet, to the extent funds are available, to establish a program for kinship
				care that provides a permanent placement for a child who is or would otherwise
				be placed in foster care due to abuse, neglect, or death of both parents.
				KRS
				605.120(6) requires the
				cabinet to promulgate administrative regulations establishing uniform
				conditions and requirements regarding eligibility, financial assistance and
				payment rates, and support and case-management services for kinship care. This
				administrative regulation establishes the Kinship Care Program in
				Kentucky.
Section 1. Definitions.
(1) "Adolescent member of the household"
			 means a youth who:
(a) Resides in the home of
			 an individual who applies for approval to be a kinship caregiver; and
(b) Is age twelve (12) through age seventeen
			 (17).
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 1:290 - Background checks for private child-caring or child-placing staff members

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.165,
				17.500-17.580,
				199.011,
				199.642, Chapters 209, 506, 511,
				515, 520, 525, 527, 529, 530, 336.220, 620.050-620.120,
				34 U. S. C.
				20921,
				45 C.F.R.
				98.43
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 programs.
				KRS
				199.640(5)(a) requires the
				secretary to promulgate administrative regulations establishing basic standards
				of care and service for child- caring facilities and child-placing agencies
				relating to the health and safety of all children in the care of the facility
				or agency, the basic components for a quality program, and any other factors as
				may be necessary to promote the welfare of children cared for or placed by the
				agencies and facilities.
				KRS
				199.642(8) requires the
				cabinet to promulgate an administrative regulation necessary to implement
				child-caring or child- placing staff member background checks in accordance
				with 42 U. S. C.
				671(a)(20)(D). This
				administrative regulation establishes background check requirements for child-
				caring and child-placing staff members, reporting requirements, and
				appeals.
Section 1. Definitions.
(1) "Address check" means a cabinet search of
			 the Kentucky or National Sex Offender Registry to determine if a person's
			 residence is a known address of a registered sex offender.
(2) "Cabinet" is defined by
			 KRS
			 199.011(3).
(3) "Child-caring facility" is defined by
			 KRS
			 199.011(5).
(4) "Child-placing agency" is defined by
			 KRS
			 199.011(6).
(5) "Kentucky National Background Check
			 Program" or "NBCP" means a background screening program administered by the
			 cabinet in accordance with
			 906 KAR 1:190.
(6) "Rap back system" is defined by
			 KRS
			 199.011(14).
(7) "Staff member" is defined by
			 KRS
			 199.642(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 1:305 - Licensure of child-caring facilities and child-placing agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				13B.050,
				17.165(6),
				199.011,
				199.640,
				199.670,
				199.990,
				600.020,
				610.110(6),
				620.140,
				42 U.S.C.
				671
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.
				KRS
				199.640(5)(c) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				relating to licensure for child-caring facilities and child-placing agencies.
				This administrative regulation governs the licensure process for child-caring
				facilities and child-placing agencies and the appeals process.
Section 1. Definitions.
(1) "Advisory board" means a group of
			 citizens, approved by the board of directors, who gives advice, counsel, and
			 support to a child-caring facility or a child-placing agency.
(2) "Cabinet" is defined by
			 KRS
			 199.011(3).
(3) "Child" means:
(a) A child as:
1. Defined by
			 KRS
			 199.011(4) and
			 600.020(9);
			 or
2. Referenced in
			 KRS
			 610.110(6);
(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
			 620.140(1)(d); or
(c) A person under age twenty-one (21) who
			 meets the exception to the age of majority in accordance with
			 KRS
			 2.015.
(4) "Child-caring facility" is defined by
			 KRS
			 199.011(5) and
			 600.020(10).
(5) "Child-placing agency" is defined by
			 KRS
			 199.011(6).
(6) "Division" means the Division of
			 Regulated Child Care, Office of the Inspector General.
(7) "Licensee" means an individual,
			 partnership, corporation or other entity authorized to operate a child-caring
			 facility or child-placing agency, including a board of directors and a person
			 authorized to make application.
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 1:310 - Standards for child-placing agencies placing children who are in the custody of a state agency

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				17.165,
				17.500(8),
				158.135(1)(c),
				189.125,
				194A.060,
				199.011,
				199.430(3),
				199.570,
				199.640,
				199.641,
				258.015,
				258.035,
				273.161(8),
				311.720(12),
				311.840(3),
				314.011(5),
				(7),
				527.100,
				527.110,
				600.020,
				Chapter 605, 610.110(6), 615.010-615.990, 620.030, 620.090(2), 620.140(1)(d),
				620.230(3), 16 C.F.R. 1219- 1220, Parts 1632, 1633, 45 C.F.R. Parts 160, 164,
				8 U.S.C.
				1151,
				42 U.S.C.
				671,
				42
				U.S.C. 677(a),
				14901 -
				14954
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
				199.640(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
				605.150(1) authorizes the
				cabinet to promulgate administrative regulations to implement the provisions of
				KRS Chapter 605. This administrative regulation establishes basic standards for
				child-placing agencies placing children who are in the custody of a state
				agency.
Section 1. Definitions.
(1) "Adequate supervision" means adult
			 oversight of a child's activities with consideration of the child's past and
			 current:
(a) Incidents;
(b) High risk behaviors; and
(c) Needs.
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 1:315 - Standards for child-placing agencies placing children who are not in the custody of a state agency

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.060,
				199.011,
				199.470,
				199.510,
				199.520,
				199.572,
				199.640,
				273.161(8),
				600.020,
				Chapter 605, 620.030, Chapter 625, 45 C.F.R. Parts 160, 164
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
				199.640(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 relating to the health and
				safety of all children in care, including children who are not in the custody
				of a state agency.
				KRS
				605.150(1) authorizes the
				cabinet to promulgate administrative regulations to implement the provisions of
				KRS Chapter 605. This administrative regulation establishes basic standards for
				child-placing agencies who are placing children who are not in the custody of a
				state agency.
Section 1. Definitions.
(1) "Adequate supervision" means adult
			 oversight of a child's activities with consideration of the child's past and
			 current:
(a) Incidents;
(b) High risk behaviors; and
(c) Needs.
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 1:320 - Service appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015, Chapter 13B, 23A.010, 194A.005,
				194A.030(11), 199.011(4), (9), 199.555(2), 199.557, 209.020(4), (5),
				209A.020(4), (5), 600.020(9), (28), (46), 605.090(1)(b), (6), 610.110(6),
				620.020(1), 620.140(1)(e), 620.142, 620.157, 620.180(2)(a)1, 620.230, 620.363,
				45
				C.F.R. 205.10,
				1355.21(b),
				1355.30(p),
				42
				U.S.C. 601(a)(1),
				621(1)-(4),
				629,
				670,
				671(a)(23),
				673,
				675,
				1397
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,
				administer, and enforce administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal
				funds, including
				45
				C.F.R. 205.10, made applicable to titles IV-B
				and IV-E programs by references in
				45 C.F.R.
				1355.21(b) and
				1355.30(p).
				KRS
				13B.170(1) authorizes
				promulgating administrative regulations necessary to carry out the provisions
				of KRS Chapter 13B. This administrative regulation establishes procedures
				related to appeals and complaints for benefits and services under 922 KAR
				Chapters 1 and 5.
Section 1.
			 Definitions.
(1) "Adoption assistance" means a
			 payment under:
(a)
										KRS
			 199.555(2) and 922 KAR
			 1:050; or
(b)
										KRS
			 199.557 and 922 KAR 1:060.
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 1:370 - Criteria for out-of-state placement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.050,
				199.011,
				199.680,
				205.634,
				615.030
NECESSITY, FUNCTION, and CONFORMITY:
				KRS
				194A.050 requires the Secretary for the
				Cabinet for Health and Family Services to promulgate administrative regulation
				necessary to operate programs and fulfill the responsibilities vested in the
				Cabinet for Health and Family Services. This administrative regulation sets
				forth the criteria for out-of-state placement of children committed to the
				Department for Community Based Services pursuant to
				KRS
				199.680.
Section
			 1. Placement in Out-of-state Facilities.
(1) Children in the custody of the cabinet
			 may be placed in out-of-state facilities after a thorough in-state facility
			 search, documented in the case record, is unsuccessful in finding placement
			 that serves the needs of the child, pursuant to
			 KRS
			 205.634. The out-of-state placement shall
			 take into consideration the following circumstances:
(a) The facility's ability to meet the
			 child's needs;
(b) The facility's
			 location in relation to the parent's home;
(c) The parent's involvement with the child
			 and their means of transportation;
(d) The permanency goal for the child;
			 and
(e) The cost of services is
			 comparable to similar in-state services, when available.
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 1:380 - Standards for emergency shelter child-caring facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				199.011,
				199.640,
				199.645-199.670,
				214.034(5),
				600.020,
				610.110,
				620.140
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
				199.640(5) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				relating to standards of care and service for child-caring facilities. This
				administrative regulation establishes standards of care and service for
				emergency shelter child-caring facilities.
Section
			 1. Definitions.
(1) "Child" is
			 defined by
			 KRS
			 199.011(4) and
			 600.020(9),
			 and may include:
(a) 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
(b) A person who meets the
			 exceptions to the age of majority in accordance with
			 KRS
			 2.015.