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 1:490 - Background checks for foster and adoptive parents and relative and fictive kin caregivers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.500-17.580,
				27A.090,
				194A.005(1),
				199.011(6), (9),
				(14),
				199.462(1),
				211.684,
				600.020(7),
				(28), (40), (61), (62),
				605.090(1)(b),
				(6),
				605.120,
				605.130,
				620.050(5),
				Chapter 625,
				45
				C.F.R. 1356.30,
				42 U.S.C.
				247d,
				671(a)(20),
				5106a,
				5141
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
				199.462(5) requires the
				cabinet to promulgate an administrative regulation for the purpose of requiring
				a criminal background investigation on behalf of a foster or adoptive parent
				applicant, an adult member of the applicant's household, or a relative or
				fictive kin caregiver.
				KRS
				605.150 authorizes the cabinet to promulgate
				administrative regulations to implement the provisions of
				KRS
				605.130(7), by which the
				cabinet shall perform such other services as may be deemed necessary for the
				protection of children.
				KRS
				199.640(5) authorizes the
				cabinet to promulgate administrative regulations establishing basic standards
				of care and service for child-placing agencies relating to the health and
				safety of all children in the care of the agency. This administrative
				regulation establishes background check requirements for relative and fictive
				kin caregivers, or applicants seeking to provide foster or adoptive services.
				Additionally, this administrative regulation imposes a stricter requirement
				than the federal mandate because the cabinet requires the denial of an
				applicant if: a criminal record check conducted on behalf of an adult household
				member reveals physical abuse, battery, or a drug or alcohol-related felony
				within the previous five (5) year period or a felony involving a spouse, a
				child, sexual violence, or death; or (2) a child abuse or neglect check
				conducted by the cabinet reveals that a household member, twelve (12) years of
				age or older, committed sexual abuse or sexual exploitation of a child, has
				been responsible for a child fatality related to abuse or neglect, or has had
				parental rights terminated involuntarily.
Section
			 1. Definitions.
(1) "Address
			 check" means a search of the Sex Offender Registry to determine if an address
			 is a known address of a registered sex offender.
(2) "Administrative review" means that the
			 status of the individual subject to the child abuse and neglect 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) "Adolescent member of the household"
			 means a youth who:
(a) Resides in the home of:
1. An individual who applies for approval or
			 has been approved to provide foster or adoptive services; or
2. A relative or fictive kin
			 caregiver;
(b) Is age
			 twelve (12) through age seventeen (17); and
(c) Is not placed in the home by a state
			 agency.
(4) "Adult
			 member of the household" means an adult who:
(a) Resides in the home of:
1. An individual who applies for approval or
			 has been approved to provide foster or adoptive services; or
2. A relative or fictive kin caregiver;
			 and
(b) Is eighteen (18)
			 years of age or older.
(5) "Applicant" means an individual who
			 applies for approval as a foster or adoptive parent of a child in the custody
			 of the state under:
(a)922 KAR 1:350,
			 Requirements for public child welfare agency foster parents, adoptive parents,
			 and respite care providers; or
(b)922 KAR 1:310, Standards for child-placing
			 agencies.
(6) "Cabinet"
			 is defined by
			 KRS
			 194A.005(1) and
			 600.020(7).
(7) "Child fatality" is defined by
			 KRS
			 211.684.
(8) "Child-placing agency" is defined by
			 KRS
			 199.011(6).
(9) "Fictive kin" is defined by
			 KRS
			 199.011(9) and
			 600.020(28).
(10) "KARES system" means the cabinet's
			 secure, web-based application used to access abuse and neglect registries and
			 facilitate fingerprint-supported state and national criminal background checks
			 for authorized users of the system.
(11) "Kentucky National Background Check
			 Program" or "NBCP" means a background screening program administered by the
			 cabinet in accordance with
			 906 KAR
			 1:190.
(12) "Near fatality" is defined by
			 KRS
			 600.020(40) and
			 42
			 U.S.C.
			 5106a(b)(4)(A).
(13) "Rap back system" is defined by
			 KRS
			 199.011(14).
(14) "Relative caregiver" means a relative
			 with whom the child is, or shall be, placed by the cabinet.
(15) "Sex Offender Registry" means the
			 registration system for adults who have committed sex crimes or crimes against
			 minors established in accordance with
			 KRS
			 17.500 through
			 17.580.
(16) "Sexual abuse" is defined by
			 KRS
			 600.020(61).
(17) "Sexual exploitation" is defined by
			 KRS
			 600.020(62).