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:
(c) Section 6 of this administrative
regulation.
(2) "Cabinet"
is defined by KRS
199.011(3).
(3) "Child-focused recruitment model" or
"C.F.R.M" means a program for the recruitment of an adoptive family in
accordance with Section 2 of this administrative regulation by cabinet staff
for a child in the custody of the cabinet whose adoptive placement has not been
identified.
(4) "Fictive kin" is
defined by KRS
199.011(9).
(5) "Foster family home" is defined by
KRS
199.011(10) and
600.020(30).
(6) "Home study" means an evaluation
conducted in accordance with the requirements of the state where the home is
located, to determine the preparation and suitability of a prospective adoptive
parent, including the home environment, to receive a child for the purpose of
adoption.
(7) "Inquiring adoptive
parent" means an individual who has submitted an inquiry through the K.A.P.E.
Web site to potentially be considered as a specific child's adoptive
parent.
(8) "Kentucky Adoption
Profile Exchange" or "K.A.P.E." means a program administered by the cabinet to
promote adoption awareness and child-specific recruitment for children legally
free for adoption without an identified adoptive home.
(9) "Open adoption" means an agreement
between an adoptive parent and an adopted child's biological or legal parent
regarding communication or contact with the child.
(10) "Pre-adoptive placement" means a home,
approved by the cabinet, where a child legally free for adoption is placed
prior to adoption finalization.
(11) "Pre-placement conference" means a
meeting conducted by cabinet staff with a prospective adoptive parent that
fulfills requirements specified in Section 4 of this administrative
regulation.
(12) "Prospective
adoptive parent" means an individual who has submitted an inquiry through the
K.A.P.E. Web site and has been deemed by the cabinet to be a potential adoptive
match for a child after review of the inquiry or other diligent search
method.
(13) "Qualified mental
health professional" or "QMHP" is defined by
KRS
600.020(52).
(14) "Qualified professional in the area of
intellectual disabilities" is defined by
KRS
202B.010(12).
(15) "Social service worker":
(a) Is defined by
KRS
600.020(63); or
(b) Means a social or human service worker
with an out-of-state public or licensed private child welfare agency who meets
the requirements of that state to conduct a home
study.
Section
2. Eligibility and Referral to the Child-Focused Recruitment
Model. A child may be referred to C.F.R.M if the child:
(1) Is determined eligible, as special needs,
in accordance with 42 U.S.C.
673;
(2) Has a goal of planned permanent living
arrangement or long-term foster care;
(3) Is on extended commitment and has had
parental rights terminated; or
(4)
Has adoption as the child's case plan goal and does not have an adoptive
resource identified.
Section
3. Preparation of the Child for Adoptive Placement.
(1) A child prepared for adoptive placement
by cabinet staff shall receive information regarding the following, with
consideration given to the child's maturity and developmental stage:
(a) Relationship to the biological or legal
parent;
(b) Entitlement to a
parent;
(c) If applicable,
relationship with the foster family home and the rights of a foster child
established in KRS
620.363;
(d) Reason the foster placement may not
become the adoptive placement;
(e)
Role of the social service worker, other pertinent cabinet staff, and the child
in the placement planning process;
(f) Meaning of adoption;
(g) Process of recruitment of a parent and
how the child may be involved;
(h)
Impending placement;
(i) Visitation
process;
(j) Placement decision;
and
(k) Cabinet staff responsible
for the placement decision.
(2) Cabinet staff shall:
(a) Request the biological or legal parent to
either consent or refuse to consent to the inspection of the adoption records
by the adult adopted person when the child reaches twenty-one (21) years of
age; and
(b) File with the circuit
or family court in the county where the adoption was finalized the consent or
refusal to consent to the inspection of the adoption records by the adult
adopted person.
(3) If a
child's permanency goal includes adoption and reunification with a sibling
separated during foster care, the cabinet shall plan for the transition and
coordinate increased visitation between siblings.
(4) A service region administrator or
designee may make a determination that a sibling shall be separated from
another sibling in adoption upon consideration of:
(a) If age appropriate, each sibling's
understanding of the facts of the relationship, feelings, wishes, and ideas
regarding options for placement;
(b) The perception of the relationship of
each child with the sibling;
(c)
The attachment to the current caregiver;
(d) Each child's permanency needs;
and
(e) The recommendation of a:
1. QMHP; or
2. If applicable, a qualified professional in
the area of intellectual disabilities.
(5) A planning committee shall convene
annually for siblings who remain separated in out-of-home care to:
(a) Determine if reunification is possible;
and
(b) Develop a plan for
maintaining sibling connections.
(6) A QMHP, qualified professional in the
area of intellectual disabilities, relative, social service worker, other
pertinent cabinet staff, nonadoptive foster parent, or another individual
approved by cabinet staff may assist with preparing the child for
adoption.
(7) If the child's goal
is changed to adoption, a child in the custody of the cabinet may be placed
with an approved adoptive parent prior to the termination of parental rights to
the child.
(8) If a prospective
adoptive parent has not been identified for a child after the child's
permanency goal has been changed to adoption in accordance with
922 KAR 1:140, the cabinet:
(a) Shall convene an adoption review
committee to meet and discuss child-specific recruitment and the potential
strengths and barriers of placement with an identified prospective adoptive
parent;
(b) May invite an
individual specified in subsection (6) of this section to a meeting in which
the child's permanency plan is discussed; and
(c) Shall assess for a C.F.R.M. referral at
the time of goal change in accordance with Section 2 of this administrative
regulation.
(9) If a
prospective adoptive parent has not been identified for a child at the time of
termination of parental rights or thereafter, the cabinet shall refer the child
to K.A.P.E. at that time.
Section
4. Selection of an Adoptive Family.
(1) Priority consideration for an adoptive
placement shall be given to:
(a) A relative or
fictive kin; or
(b) The current
foster family home.
(2)
The process of recruiting a prospective adoptive parent shall begin if:
(a) Parental rights of the child are
terminated;
(b) A relative or
fictive kin has not made a commitment to adopt the child;
(c) The child's foster family home has not
made a commitment to adopt through a statement of intent;
(d) Both biological or legal parents of the
child are deceased and the cabinet has been granted custody through the court;
or
(e) The child's pre-adoptive
placement is disrupted.
(3) Cabinet staff shall consider an inquiring
adoptive parent's acceptance of the child's behavior and
characteristics.
(4)
(a) The cabinet shall take the following into
consideration regarding the number of children to be placed in an adoptive
home:
1. The inquiring adoptive parent's
parental capacity and resources to meet the needs of all children in the home;
and
2. The impact of all children
involved, including the potential adoptive child.
(b) An inquiring adoptive parent may request
review of a denial based upon the number of children in the home in accordance
with
922 KAR 1:350, Section
8(2).
(5) The cabinet
shall review and obtain the inquiring adoptive parent's signature on the
DPP-171A, Verbal Exchange of Information Acknowledgement
Form.
Section 5.
Preparation of the Prospective Adoptive Parent.
(1) Cabinet staff shall conduct a
preplacement conference for a child available for adoption with the:
(a) Foster parent, if applicable;
(b) Prospective adoptive parent;
(c) If applicable, a QMHP or qualified
professional in the area of intellectual disabilities; and
(d) Representative from the cabinet or
child-placing agency where the child is placed.
(2) During the pre-placement conference,
cabinet staff shall:
(a) Review and obtain the
prospective adoptive parent's signature on the DPP-171, Notice of
Confidentiality Requirements Acknowledgement Cover Sheet;
(b) Inform the prospective adoptive parent
of:
1. Visitation and supervision requirements
in accordance with KRS
605.090(1)(b); and
2. Detailed information about the child's
history and services provided to the child, excluding any identifying
information of the biological parent, including:
a. Health, background, and placement
history;
b. Behavior, including
behaviors in accordance with
KRS
605.090(1); and
c. Personal characteristics;
(c) Assist the
prospective adoptive parent in reaching a decision regarding acceptance of
placement;
(d) Determine the method
of presenting the prospective adoptive parent to the child; and
(e) Discuss with the prospective adoptive
parent acceptance of the child's plan for visitation and placement.
(3) If there is a planned foster
parent adoption, the preplacement conference may occur at the same time the
adoptive placement agreement is signed in accordance with
KRS
199.555.
Section 6. Adoptive Placement.
(1) The cabinet shall ensure the child
transitions to the prospective adoptive placement by:
(a) Arranging contact between the child and
prospective adoptive parent appropriate to the child's age, developmental
needs, and understanding of the permanency plan;
(b) Incorporating recommendations of the
child's QMHP or qualified professional in the area of intellectual
disabilities;
(c) Encouraging
current caregivers, siblings, the prospective adoptive family, and others
identified to have a meaningful relationship with the child, as appropriate;
and
(d) Ensuring all needed
services are in place.
(2) After parental rights to the child are
terminated, final placement with a prospective adoptive parent shall occur as
quickly as possible upon concurrence of:
(a)
Cabinet staff;
(b) The prospective
adoptive parent;
(c) The
recommendation of a QMHP or qualified professional in the area of intellectual
disabilities, if applicable; and
(d) The child, to the extent the child's age
and maturity permit the child's participation.
Section 7. Out-of-State Adoptive Placement.
(1) Placement of a Kentucky child with an
out-of-state prospective adoptive parent may occur if:
(a) The prospective adoptive parent is
seeking a child through:
1. An out-of-state
public child welfare agency; or
2.
A licensed private child welfare agency; and
(b) A home study has been completed or
updated within one (1) year by the out-of-state public child welfare agency or
licensed private child welfare agency, in accordance with the requirements of
the out-of-state agency.
(2) If a prospective adoptive parent who
resides out-of-state cannot pay the expense to attend a pre-placement
conference or visit the child, the cabinet may pay travel expenses for the
prospective adoptive parent, to the extent funds are available.
(3) If the Kentucky and out-of-state deputy
compact administrators agree to the child's visit in accordance with
KRS
615.030, a child may visit and be placed with
a prospective adoptive parent who resides in another state, in accordance with
KRS
615.030.
(4) Upon approval of the commissioner or
designee, cabinet staff or another adult whom the child knows shall accompany a
Kentucky child available for adoption on an out-of-state visit or placement
with a prospective out-of-state adoptive parent.
Section 8. Open Adoption. The cabinet shall
not prohibit an open adoption.
Section
9. Postplacement Service.
(1) The
goal of a postplacement service shall be to:
(a) Ensure the success of the placement;
and
(b) Prevent disruption of the
placement.
(2) The
cabinet shall coordinate support services for a child and a prospective
adoptive parent prior to the legal adoption and through finalization of the
adoption.
(3) Until the adoption
judgment has been granted by a court of competent jurisdiction, the cabinet
shall conduct an annual permanency review of a child placed with a prospective
adoptive parent.
(4) Post-Adoption
Placement Stabilization Services (PAPSS) shall be offered in accordance with
922 KAR
1:530.
Section 10. Closure of An Approved Adoptive
Home. Unless an extension is approved by the service region administrator or
designee, closure of an approved adoptive home shall occur in accordance with:
Section 11. Service Appeals. A service appeal
may be requested in accordance with
922 KAR 1:320.
Section 12. Confidentiality of Records.
(1) A child's records shall be maintained in
conformity with existing laws and administrative regulations pertaining to
confidentiality, as established in
KRS
194A.060(1),
199.430(3),
199.520,
199.525,
199.570,
199.572,
199.575,
620.050,
625.045,
625.108, and
922 KAR 1:510.
(2) If the child is not adopted, the
prospective adoptive parent shall return all documentation pertaining to the
child to the cabinet within ten (10) working days of the decision not to
adopt.
Section 13.
Request for Information from Adoption Records.
(1) Identifying information from the
cabinet's record may be released only upon written order by the court upon
application to the circuit court that granted the adoption by an adoptee,
twenty-one (21) years of age or older.
(2) If the birth parent has not previously
filed consent for release of identifying information with the circuit court,
the judge may:
(a) Issue a court order
requiring the cabinet to conduct a search for each birth parent as identified
on the original birth certificate; and
(b) Determine the parent's desire concerning
the release of identifying information from the record.
(3) Upon receipt of written request by the
adult adoptee or the adoptive family, nonidentifying health and background
information may be released by the cabinet from a closed adoption
record.
(4) If a request is
received from an adoptee, eighteen (18) years of age or older, for contact with
an adult preadoptive birth sibling separated during finalization of a closed
adoption, cabinet staff shall:
(a) Review the
adoption record; and
(b) Release
identifying information if a mutual request for contact is contained within the
record.
(5) If a request
is received from a birth relative seeking an adoptee, either adult or minor,
information may be given that adoption did occur and reassurance of the
well-being of the adoptee at last contact may be confirmed, but cabinet staff
shall not contact an adoptee or adoptive family at the request of the birth
family.
(6) If an adult adoptee
seeks contact with the birth family, cabinet staff shall inform the adult
adoptee of a birth relative's interest.
Section 14. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "DPP-171, Notice of
Confidentiality Requirements Acknowledgement Cover Sheet", 01/23;
(b) "DPP-171A, Verbal Exchange of Information
Acknowledgement Form", 01/23.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for
Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621,
Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on
the department's Web site at
https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.