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 1:300 - Standards for child-caring facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				13B.050,
				17.165(6),
				17.500(8),
				189.125(3),
				198B.050-198B.090,
				199.011,
				199.640,
				199.642,
				199.650,
				199.660,
				199.670,
				211.350-211.380,
				214.034(5),
				Chapter 271B Subtitle 8, 273.161(7), Chapter 424, 600.020(23), 605.080(3),
				605.090(1), 610.110(6), 615.010, 615.030, 615.040, 620.020, 620.030,
				620.090(2), 620.140(1), 620.230(3),
				20 U. S. C.
				7183,
				42 U. S. C. 677(a)(1)-(6)
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 to promulgate administrative regulations establishing basic standards
				of care and service for child-caring facilities and child-placing agencies.
				KRS
				605.150 authorizes the cabinet to promulgate
				administrative regulations to implement the provisions of KRS Chapter 605.
				KRS
				615.050 authorizes the cabinet to promulgate
				administrative regulations to implement the provisions of KRS Chapter 615. This
				administrative regulation establishes basic standards of care and service for
				child-caring facilities.
Section 1.
			 Definitions.
(1) "Aftercare" means a service
			 provided to a child after discharge from a child-caring facility.
(2) "Board of directors" is defined by
			 KRS
			 273.161(8).
(3) "Cabinet" is defined by
			 KRS
			 199.011(3).
(4) "Case" means an individual child or
			 family being provided services by a child- caring facility social worker or
			 counselor.
(5) "Chemical restraint"
			 means a drug used as a restraint that is a medication used to control behavior
			 or to restrict the patient's freedom of movement and is not a standard
			 treatment for the patient's medical or psychiatric condition.
(6) "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.
(7) "Child with medical complexity" means a
			 child who is determined to have a medical condition pursuant to
			 922 KAR 1:350, Section
			 4(1)(b).
(8) "Child-caring
			 facility" is defined by
			 KRS
			 199.011(5).
(9) "Child-placing agency" is defined by
			 KRS
			 199.011(6).
(10) "Child-caring program" means the method
			 of delivering a child-caring service.
(11) "College or university" means:
(a) An institution accredited by one (1) of
			 the regional accrediting organizations recognized by the U. S. Department of
			 Education, Office of Postsecondary Education;
(b) For a Kentucky institution, one (1) that
			 is licensed by the Kentucky Council on Postsecondary Education or the Kentucky
			 Board for Proprietary Education; and
(c) For an out-of-state institution, one (1)
			 that is licensed in its home state if licensure is required in that
			 state.
(12) "Community
			 resource" means a service or activity available in the community that
			 supplements those provided by the child-caring facility or child-placing agency
			 in the care and treatment of a child.
(13) "Corporal physical discipline" means
			 reasonable physical discipline in accordance with
			 KRS
			 199.640(6).
(14) "Crisis intervention unit" means a unit
			 that serves a child in need of short-term intensive treatment, to avoid risk of
			 placement to a higher level of care.
(15) "De-escalation plan" means a treatment
			 method used to decrease the intensity of emotional conflict or aggressive
			 behavior.
(16) "Direct child-care
			 staff" means a child-caring facility employee or volunteer providing
			 face-to-face care and supervision of a child.
(17) "Discharge" means a planned release of a
			 child from a child-caring facility program.
(18) "Emergency discharge" means the release
			 of a child from a program as a result of a circumstance that presents a risk to
			 the health or safety of a child.
(19) "Emergency shelter child-caring
			 facility" means a child-caring facility that meets the requirements of
			 922 KAR 1:380.
(20) "Executive director" means the person
			 employed by the board of directors to be responsible for the administration and
			 management of a child-caring facility.
(21) "Group home" is defined by
			 KRS
			 199.011(11).
(22) "Independent living services" means
			 services provided to an eligible child, as described in Section 11 of this
			 administrative regulation, to assist the child in the transition from
			 dependency of childhood to living independently.
(23) "Individual treatment plan" or "ITP"
			 means a plan of action developed and implemented to address the needs of a
			 child.
(24) "Indoor living area"
			 means an area in the child-caring facility that is separate from a hallway,
			 bedroom, kitchen, stairway, vestibule, bathroom, closet, unfinished basement,
			 or attic.
(25) "Institution" is
			 defined by KRS
			 199.011(12).
(26) "Latched seclusion" means an instrument
			 is used to secure a seclusion room door that does not require the use of a key
			 or combination.
(27) "Living unit"
			 means a building or part thereof in which a child resides, not exceeding
			 sixteen (16) beds.
(28)
			 "Permanence" is defined by
			 KRS
			 620.020(9).
(29) "Physical management" means a technique
			 used by a specially-trained staff member for the purpose of restricting a
			 child's freedom of movement in order to maintain a safe environment for the
			 child and others.
(30) "Qualified
			 mental health professional" is defined by
			 KRS
			 600.020(52).
(31) "Reasonable and prudent parenting
			 standards" is defined by 42
			 U. S. C. 675(10).
(32) "Seclusion" means the temporary
			 placement of a child in a room in a residential treatment facility to prevent
			 harm to the child or others.
(33)
			 "Sex crime" is defined by
			 KRS
			 17.500(8).
(34) "Social services" means a planned
			 program of assistance to help an individual move toward a mutual adjustment of
			 the individual and his social environment.
(35) "Time-out" means a treatment
			 intervention utilized by child-caring staff to separate a child from others in
			 a non-secure area for a time-limited period, in order to permit the child to
			 regain control over his behavior.
(36) "Treatment" means individualized
			 management and care of a child, utilizing professionally credentialed and
			 certified staff and a component of the treatment environment to assist the
			 child in resolving his or her emotional conflict or behavioral
			 disorder.
(37) "Treatment director"
			 means an individual who oversees the day-to-day operation of the treatment
			 program.
(38) "Treatment
			 professional" means an individual with the following credentials or an
			 individual with a master's degree in a human services field practicing under
			 the direct supervision of an individual with the following credentials:
(a) A licensed psychiatrist;
(b) A certified or licensed clinical
			 psychologist;
(c) A licensed
			 clinical social worker;
(d) A
			 licensed marriage and family therapist;
(e) A licensed professional clinical
			 counselor;
(f) A licensed
			 professional art therapist;
(g) A
			 licensed clinical alcohol and drug counselor; or
(h) A licensed behavior analyst.
(39) "Treatment team" means a
			 representative group of people who provide services to the child and the
			 child's family.
(40) "Unplanned
			 discharge" means the release of a child from the child-caring facility that is
			 not in accordance with the ITP.