922 KAR 1:315 - Standards for child-placing agencies placing children who are not in the custody of a state agency
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.
(2) "Adoption" means the legal process by
which a child becomes the child of a person or persons other than biological
parents.
(3) "Adoptive home" means
a home in which the family has been approved by the child-placing agency to
adopt a child.
(4) "Aftercare"
means services provided to the child after discharge from a child-placing
agency.
(5) "Applicant" means an
individual or a family subject to approval by the child-placing agency as a:
(a) Foster home; or
(b) Adoptive home.
(6) "Board of directors" is defined by
KRS
273.161(8).
(7) "Case management" means a process whereby
a state agency or child-placing agency assesses the individualized needs of a
child or family, arranges for the provision of services, and maintains
documentation of actions and outcomes.
(8) "Child" means a child as defined by
KRS
199.011(4) and
600.020(9);
(9) "Child-placing agency" is defined by
KRS
199.011(6).
(10) "Executive director" means the person
employed by the board of directors to be responsible for the overall
administration and management of a child-placing agency.
(11) "Foster home" means:
(a) A "foster family home" as defined by
KRS
199.011(10) and
600.020(30),
if referring to a physical structure; or
(b) Any individual approved as a foster
parent by the child-placing agency, if referring to an individual.
(12) "Home study" means an
assessment done on a prospective foster or adoptive home by a social services
worker that meets the requirements specified in
922 KAR
1:310, Section 4(3).
(13) "Independent living services" means
services provided to an eligible child age fourteen (14) or older, as specified
in
922 KAR
1:310, Section 15, to assist the child in the natural
progression from adolescence to adulthood.
(14) "Individual treatment plan" or "ITP"
means a plan of action developed and implemented to address the needs of a
child.
(15) "Placement" means:
(a) The physical relocation of a child
removed from the child's home of origin with a provider of out-of-home
services; or
(b) A foster or
adoptive home that has been approved by completing an application process, home
study, and required preparation.
(16) "Qualified mental health professional"
is defined by
KRS
600.020(52).
(17) "Respite care" means temporary care
provided by another individual or family that meets requirements specified in
Section 7 of this administrative regulation to meet the needs of the child or
provide relief to a foster care parent with the expectation that the child
shall return to the foster home.
(18) "Social services worker" means a person
retained by a child-placing agency who meets the qualifications as specified in
922 KAR
1:310, Section 2(4)(c).
(19) "Supervision plan" means a written
supplement to a child's ITP, developed pursuant to Section 6(7)(b)2. of
922 KAR
1:310, that details a child-placing agency's roles and
responsibilities to assure adequate supervision of a child in the agency's
care, including those roles and responsibilities delegated to a foster home
parent.
Section 2.
Administration and Operation. A child-placing agency that places a child
pursuant to this administrative regulation shall also meet the requirements
established in
922 KAR
1:310, Section 2.
Section 3. Interstate Placement.
(1) A child-placing agency that accepts a
child from another state or places a child outside of Kentucky shall meet the
requirements established in in
922 KAR
1:310, Section 3.
(2) A child-placing agency that is assisting
with an Interstate Compact Placement for a child who is placed due to a
disrupted or dissolved adoption shall:
(a)
Assist in the obtainment of a therapeutic recommendation from a qualified
mental health professional regarding the child being placed into the proposed
placement;
(b) Ensure that the
prospective adoptive parents have spoken with the qualified mental health
professional that has been providing services to the child;
(c) Assist in the development of a thorough
transition plan for the child adhering to the child's qualified mental health
provider's recommendations;
(d)
Assist in the procurement of services and providers within the receiving state,
prior to the placement of the child;
(e) Provide a minimum of monthly face-to-face
supervision in the home and support to the child and family if placed in
Kentucky until the finalization of the adoption;
(f) Continually assess for any safety risks
within the home and provide a written plan for safety, if necessary or
requested; and
(g) Ensure that the
child is placed for at least six (6) months prior to finalization of the
adoption.
Section
4. Evaluation of an Applicant. A child-placing agency's staff
shall recruit a prospective foster or adoptive home in accordance with
922 KAR
1:310, Section 4.
Section 5. Orientation and Preparation of a
Foster Home for a Child not in the Custody of a State Agency.
(1) A child-placing agency shall meet the
requirements established in
922 KAR
1:310, Section 5.
(2) Training provided in accordance with
922
KAR 1:495 may be utilized for a foster home that cares
for a child not in the custody of a state agency if the governmental agency or
individual with oversight of the child approves the training.
Section 6. Expectations for a
Foster Home Caring for a Child not in the Custody of a State Agency. An
approved foster home shall:
(1) Provide a
child placed by the child-placing agency with a family life, including:
(a) Nutritious food;
(b) Clothing comparable in quality and
variety to that worn by other children with whom the child may
associate;
(c) Affection;
(d) Life skills development;
(e) Recreational opportunities;
(f) Education opportunities;
(g) Nonmedical transportation;
(h) Opportunities for development consistent
with the child's religious, ethnic, and cultural heritage;
(i) Adequate supervision;
(j) Independent living services for a child
fourteen (14) years of age or older; and
(k) Refraining from smoking in the direct
presence of a child for whom their physician recommends, in writing, a
smoke-free environment.
(2) Permit the approving child-placing agency
and cabinet staff to visit the home;
(3) Share with the child-placing agency any
information about the child placed by the child-placing agency;
(4) Notify the child-placing agency fourteen
(14) calendar days prior if the home is approved to provide foster or adoptive
services through another private child-placing agency;
(5) Notify the child-placing agency prior to:
(a) Leaving the state with a child placed by
the child-placing agency for more than twenty-four (24) hours; or
(b) Allowing a child placed by the
child-placing agency to be absent from the foster home for more than
twenty-four (24) hours;
(6) Report immediately to the child-placing
agency through which the child is placed if there is:
(a) A hospitalization or life-threatening
accident or illness;
(b) An absence
without official leave;
(c) A
suicide attempt;
(d) Criminal
activity by the child;
(e) Death of
any member in the household;
(f) A
child's possession of a deadly weapon;
(g) Change in address;
(h) Change in the number of people living in
the home;
(i) Significant change in
circumstance in the foster home; or
(j) Failure of the foster child or foster
parent to comply with the supervision plan;
(7) Cooperate with the child-placing agency
if child-placing agency staff arranges for a child, placed in the foster home
by the child-placing agency, and the child's birth family regarding:
(a) Visits;
(b) Telephone calls; or
(c) Mail;
(8) Surrender a child or children to the
authorized representative of the child-placing agency which has custody of the
child, upon request;
(9) Keep
confidential all personal or protected health information as shared by the
child-placing agency, in accordance with
KRS
194A.060 and 45 C.F.R. Parts 160 and 164,
concerning a child placed in a home or the child's birth family;
(10) Support an assessment of the service
needs, including respite care, and the development of an ITP, including the
supervision plan, of a child placed by the child-placing agency;
(11) Participate in a planning conference
concerning a child placed by the child-placing agency;
(12) Cooperate with the implementation of the
permanency planning established for a child placed by the child-placing
agency;
(13) Facilitate the
delivery of medical care to a child placed by the child-placing agency as
needed, including:
(a) Administration of
medication to the child and daily documentation of the administration;
and
(b) Physicals and examinations
for the child;
(14) Treat
a child placed by the child-placing agency with dignity;
(15) Report suspected incidents of child
abuse, neglect, and exploitation in accordance with
KRS
620.030; and
(16) Comply with general supervision and
direction of the child-placing agency concerning the care of the child placed
by the child-placing agency.
Section
7. Respite for a Foster Home Caring for a Child not in the Custody
of a State Agency.
(1) The child-placing
agency shall develop written policies and procedures to address the respite
care needs of a child or a foster parent.
(2) Respite care shall not be used as a means
of placement for a child.
(3)
Respite care shall be in accordance with
922 KAR
1:310, Section 3(2).
(4) The child-placing agency shall not
approve a respite care provider unless the provider meets requirements
specified by
922 KAR
1:310, Section 4(3)(b), (d), and (m) through
(u).
(5) A respite care provider
shall:
(a) Receive, from the agency or foster
parent, preparation for placement of a child, including information regarding
the child's needs and the supervision plan of the child;
(b) Provide adequate supervision in
accordance with the child's supervision plan;
(c)
1. Give
relief to a foster parent caring for a child; or
2. Provide for a de-escalation period for a
child;
Section
8. Private Foster Placement Process. A child-placing agency shall
follow the procedures established by this section if a private foster placement
is conducted.
(1) For a child being placed
with a child-placing agency, the child-placing agency shall obtain an:
(a) Agreement for voluntary care signed by
the custodian; or
(b) Order from a
court of competent jurisdiction placing the child into the custody of the
child-placing agency.
(2)
The child-placing agency shall:
(a) Complete
an intake assessment of the strengths and needs of the child and the child's
family of origin; and
(b) Ascertain
the appropriateness of the referral for the child.
(3)
(a) The
child-placing agency shall develop an ITP individualized for a child and the
child's family based on an individualized assessment of the child's and
family's needs:
1. Within thirty (30) days of
the child's placement with the child-placing agency; or
2. Prior to the child being placed out of
state.
(b) An exception
to the requirement specified in paragraph (a) of this subsection may be made
for a child:
1. Under the age of twelve (12)
months; and
2. With no
extraordinary needs.
(c)
The assessment shall be revised as needed.
(d) The assessment and ITP shall include the
type and extent of services to be provided to the child and the child's
family.
(e) Assessment of the child
shall include consideration of the following history:
1. Behavioral health treatment;
2. Trauma;
3. Risk for harm to self or others;
and
4. Past behaviors or safety
issues that could increase the likelihood of placement disruption.
(4) Unless not in the
best interest of the child, the child, parent, and foster parent shall be
included in developing the assessment and ITP.
(5)
(a) The
foster home selected for placement shall be the most appropriate home based on
the child's needs and the strengths of the foster family.
(b) The foster home shall be located as close
as possible to the home of the family of origin, in order to facilitate
visiting and reunification.
(6)
(a) The
social services worker and the foster parent shall work collaboratively to
prepare the child prior to the placement.
(b) Unless a circumstance precludes
preparation and the circumstance is documented in the case record, a child
shall have a period of preparation prior to the placement in the foster
home.
(7) The
child-placing agency shall:
(a) Provide or
arrange for services to support reunification for a child for whom family
reunification is the plan;
(b)
Assess and document the parent's capacity for reunification
quarterly;
(c) Provide for review
of the child in order to evaluate the progress toward achieving the child's
permanency plan every six (6) months; and
(d) Assess whether foster care continues to
be the best placement for the child.
(8)
(a)
Services to the family of origin and to the child shall be adapted to their
individual capacities, needs, and difficulties.
(b) A reasonable effort shall be made to
return the child to the family of origin.
(9) Planning for the child regarding
treatment program matters, including visitation, health, education, and
permanency plans, shall be developed in collaboration with the:
(a) Family of origin;
(b) The child's qualified mental health
provider, if applicable;
(c) Social
services worker; and
(d) Foster
home.
(10)
(a) The child-placing agency shall work with
a foster home to promote stability and avoid disruption for a child, to
include:
1. Services specified in Section 6(1)
through (3), and (7) through (11) of
922 KAR 3:010; and
2. Reevaluation of the foster home in
accordance with Section 14 of this administrative regulation.
(b) A request for the removal of a
child from a foster home shall be explored immediately and shall be documented
by the social services worker.
(c)
If disruption is unavoidable, the child-placing agency and foster home shall
develop a plan for the smooth transition of the child to a new
placement.
(11)
(a) Preparation for the return of a child to
the family of origin shall be supervised by a social services worker.
(b) The child's family shall participate in
planning for the child's return.
(c) If regular contact with the child's
family does not occur, a plan for the child's return shall include at least one
(1):
1. Prior visit between the child and the
family; and
2. Preliminary visit of
the child to the child's family home.
(12) The child-placing agency shall recommend
a plan for aftercare services for a child and the child's family.
Section 9. Maintenance of a Foster
Care Record. The child-placing agency shall maintain a record on each child and
foster home in accordance with
922 KAR
1:310, Section 16.
Section 10. Orientation and Preparation of an
Adoptive Home for a Child not in the Custody of a State Agency. For a child not
in the custody of a state agency, a child-placing agency shall:
(1) Prepare and maintain the orientation and
preparation curriculum on file;
(2)
Provide orientation and preparation to a prospective adoptive home in
accordance with the child-placing agency's policies and procedures to include
the following:
(a) An example of an actual
experience from a parent who has adopted a child;
(b) Challenging behavior characteristics of
an adoptive older child;
(c)
Referral resources for a developmental delay;
(d) Transition issues with focus on stages of
grief, and a honeymoon period, if applicable;
(e) Loss and the long-term effects on a
child;
(f) Attachment and identity
issues of the child;
(g) Cultural
competency;
(h) Medical issues
including referral resources;
(i)
Family functioning, family values, and expectations of an adoptive
home;
(j) Identification of changes
that may occur in the family unit upon the placement of a child to include:
1. Family adjustment and
disruption;
2. Identity issues;
and
3. Discipline; and
(k) Financial assistance available
to an adoptive home; and
(3) Ensure that an approved adoptive home
awaiting the placement of a child receives adoptive home training annually in
accordance with the child-placing agency's established policies and
procedures.
Section 11.
Adoption Placement Process for a Child not in the Custody of a State Agency.
(1) A child shall not be placed for adoption
until the:
(a) Adoptive home has been
approved; and
(b)
1. Parental rights of the mother, legal or
birth father, and putative father of the child, if applicable and not the same
person as the legal father, are terminated by a circuit court order entered
pursuant to KRS Chapter 625; or
2.
The mother, legal or birth father, and putative father of the child, if
applicable and not the same person as the legal father, have consented to
placement with the child-placing agency for the purpose of adoption
placement.
(2)
A child's parent shall not be persuaded to terminate parental rights by a
promise of financial aid or other consideration.
(3)
(a) A
child-placing agency licensed by the cabinet shall not use the authority
authorizing the agency to place a child for adoption to facilitate an adoptive
placement planned by a doctor, lawyer, clergyman, or person or entity outside
the child-placing agency.
(b) The
child-placing agency shall comply with provisions of
922 KAR
1:010.
(4) The child-placing agency shall obtain the
following:
(a) A developmental history of the
adoptive child to include:
1. Birth and health
history;
2. Early
development;
3. Characteristic ways
the child responds to people and situations;
4. Any deviation from the range of normal
development;
5. The experiences of
the child prior to the decision to place the child for adoption;
6. Maternal attitude during pregnancy and
early infancy;
7. Continuity of
parental care and affection;
8.
Out-of-home placement history;
9.
Separation experiences; and
10.
Information about the mother, legal father, and putative father, if applicable
and not the same person as the legal father, and family background:
a. That may affect the child's normal
development in order to determine the presence of a significant hereditary
factor or pathology; and
b.
Including an illness of the biological mother or father;
(b) A social history of the
biological or legal parent, to include:
1.
Name;
2. Age;
3. Nationality;
4. Education;
5. Religion or faith; and
6. Occupation;
(c) Information obtained from direct study
and observation of the child by a:
1. Social
services worker; and
2. Physician
or other health professional;
(d) If indicated, information obtained from
direct study and observation of the child by a:
1. Foster parent;
2. Nurse;
3. Psychologist; or
4. Other consultants; and
(e) Information from the mother,
if possible, identifying the biological father, or legal father, if different
from the biological father, for the purpose of:
1. Determining the father's parental rights;
and
2. Establishment of possible
hereditary endowments.
(5) If either biological or legal parent is
unavailable, unwilling, or unable to assist with the completion of information
necessary to comply with
KRS
199.520 and
199.572,
the child-placing agency shall document information, to the extent possible,
from the existing case record.
(6)
Prior to finalization of the adoptive placement, a licensed physician or other
health professional shall make a medical examination to determine:
(a) The state of the child's
health;
(b) Any significant factor
that may interfere with normal development; and
(c) The implications of any medical
problem.
(7) The
condition under which an adoptive home agrees to accept the child shall be
decided upon, prior to placement of the child. The written agreement between
the child-placing agency and the adoptive home shall embody the following
provisions:
(a) The adoptive home shall agree
to:
1. Comply with
KRS
199.470;
2. File an adoptive petition at a time
agreeable to the adoptive home and the child-placing agency; and
3. Permit supervision by the child-placing
agency in accordance with the child-placing agency's policies and procedures:
a. After placement; and
b. Preceding a final judgment of adoption by
the circuit court;
(b) The child-placing agency shall be
responsible for providing the adoptive home with written information regarding
the child's:
1. Background;
2. Medical history;
3. Current behavior; and
4. Medical information necessary to comply
with
KRS
199.520(4)(a); and
(c) The adoptive home and the
child-placing agency shall agree that the child may be removed from the
placement, at the request of either party, before the filing of the adoptive
petition.
(8)
(a) The child-placing agency shall arrange
preplacement visits for the adoptive home and a child.
(b) The pattern and number of visits shall be
based on the child's:
1. Age;
2. Development; and
3. Needs.
(9) During preparation, the child-placing
agency shall discuss the child's readiness to accept the selected placement
with the child, in accordance with the child's age and ability to
understand.
(10)
(a) Unless the child-placing agency and, if
applicable, the state agency which has custody of a child belonging to a
sibling group, determines that it is more beneficial for siblings to be placed
in separate adoptive homes, siblings who have had a relationship with each
other shall be placed together.
(b)
If siblings have been separated in placements:
1. The case record shall reflect a valid
basis for the separation;
2. The
decision to separate siblings shall be made by the executive director of the
child-placing agency; and
3.
Continued contact between siblings shall be maintained, if possible.
(11) A child-placing
agency shall comply with Section 6(1)(b) of
922 KAR
1:310 during the process of placing a child in a
prospective adoptive home.
(12) If
a prospective adoptive home is awaiting an international adoption, the
child-placing agency shall conduct a reevaluation of the home once every
eighteen (18) months.
Section
12. Supervision of an Adoptive Placement of a Child not in the
Custody of a State Agency.
(1) For a child
not in the custody of a state agency, the child-placing agency placing a child
shall remain responsible for the child until the adoption has been granted.
This responsibility shall involve the following:
(a) A minimum of two (2) meetings by the
social services worker with the child and the adoptive home, including both
adoptive parents if not a single parent adoption, one (1) visit of which shall
be in the adoptive home before filing of the adoption petition;
(b) The continuation of case management,
visits, and telephone contacts based upon the needs of the child until the
adoption is legally granted; and
(c) Awareness of a change in the adoptive
home including health, education, or behavior.
(2) For a placement made through the
Interstate Compact on the Placement of Children, supervision shall occur in
accordance with Section 3 of this administrative regulation.
(3) The child-placing agency shall:
(a) Provide information pursuant to
KRS
199.510, as necessary to report to the court
to proceed with adoption;
(b)
Prepare and provide the original confidential report to the court;
and
(c) Forward to the cabinet a
copy of:
1. The confidential report that was
provided to the court; and
2.
Information required by
KRS
199.520 and
199.572.
(4) If the court finds
the adoptive home to be unsuitable and refuses to grant a judgment, the
child-placing agency shall remove the child from the home.
Section 13. Maintenance of Adoptive Case
Record. The child-placing agency shall maintain a case record in accordance
with
922 KAR
1:310, Section 17.
Section 14. Reevaluation of an Approved
Foster or Adoptive Home. A child-placing agency shall reevaluate an approved
foster home or approved adoptive home awaiting placement in accordance with
922 KAR
1:310, Section 14.
Section 15. Closure of an Approved Foster or
Adoptive Home. A child-placing agency shall close a foster or adoptive home in
accordance with
922 KAR
1:310, Section 18.
Notes
STATUTORY AUTHORITY: KRS 194A.050(1), 199.640(5)(a), 605.150(1)
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