922 KAR 1:400 - Supportive services
RELATES TO: KRS 2.015, 45.237-45.241, 194A.005(1), 199.011(3), (4), 205.2003(3), 205.211, 205.703, 209.020(2), 209.130, 209A.020(1), 600.020(1), (6), (8), 610.110(6), 620.020(1), 620.140(1)(e), 45 C.F.R. Parts 260-265, 42 U.S.C. 601-679b
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) authorizes the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill responsibilities vested in the cabinet. KRS 605.150 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605, including KRS 605.130(7), which authorizes the cabinet to perform services necessary for the protection of children. This administrative regulation establishes standards for provision of supportive services to a family receiving ongoing case management services or to safely maintain a child in the child's home through the cabinet, to the extent funds are available.
Section 1. Definitions.
(1) "Cabinet" is defined by
KRS
194A.005(1),
199.011(3),
600.020(7),
209.020(2),
and
209A.020(1).
(2) "Child" means:
(a) A child defined by
KRS
199.011(4) and
600.020(9);
(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
610.110(6) or
620.140(1)(e);
or
(c) A person under age
twenty-one (21) who meets the exceptions to the age of majority in accordance
with
KRS
2.015.
(3) "Intensive family-based support services"
means the goal of keeping the family united or if removal of a child is
necessary, placing the child in the least restrictive setting consistent with
his or her individual needs.
(4)
"Kentucky Transitional Assistance Program" or "K-TAP" means Kentucky's
Temporary Assistance for Needy Families Program, a money payment program for a
child who is deprived of parental support or care, as described at
921
KAR 2:006, Section 1(9).
(5) "Kentucky Works" means a program that
assists a:
(a) Recipient of K-TAP in obtaining
education, training, experience, and employment necessary to leave public
assistance; or
(b) Former K-TAP
recipient with job retention service.
(6) "Paraprofessional attendant" means a
person with a high school diploma or bachelor's degree and training related to
the services he or she provides, under the supervision of a licensed
professional.
(7) "Rehabilitative
services" means medical or remedial services recommended by a physician or
other licensed practitioner of the healing arts, within the scope of his or her
practice under state law, for maximum reduction of physical or mental
disability and restoration of a recipient to his or her best possible
functional level.
(8) "Safety net
services" means:
(a) A short-term intervention
or maintenance service to help an individual or family develop and maintain
skills and abilities to prevent out-of-home placement for a child in that
family; or
(b) Monetary benefits to
assist in maintaining self-sufficiency.
(9) "Targeted case management" means a set of
activities which assist an individual in accessing needed medical, social,
educational, and other support services.
Section 2. Child Care Services. The cabinet
may refer for child care services pursuant to 922 KAR 2:160 any individual or
family who:
(1) Makes a request for assistance
for child care expenses;
(2) Needs
child care for protection or prevention of child abuse, neglect, or
exploitation; or
(3) Needs child
care for a child of a teen parent attending high school.
Section 3. Child Support Service. The cabinet
may make a referral for child support services, by means of the process
described at
921
KAR 1:380 on behalf of a child entering out-of-home
care through a:
(1) Voluntary commitment
agreement; or
(2) Court order
assigning legal responsibility for the child to the cabinet.
Section 4. Intensive Family-based
Support Services.
(1) Intensive family-based
support services shall be provided through a contractual agreement, for the
purpose of:
(a) Stabilizing a child in the
child's own home or foster home;
(b) Preventing further hospitalization or
institutionalization; and
(c)
Enabling a child and the child's family to improve their lives.
(2) An intensive family-based
support service may be provided to a child with one (1) or more of the
following:
(a) Intellectual or developmental
disability;
(b) Emotional or
behavioral disturbance;
(c) Dual
diagnosis;
(d) Risk of
institutionalization; or
(e) Need
for aftercare services following release from an institution or other highly
structured setting.
(3)
Except for the assessment and discharge planning, intensive family-based
support services shall not start while a child is in a hospital or an
institution.
(4) Intensive
family-based support services shall be available to a family with a child
living in a:
(a) Biological home;
(b) Foster home; or
(c) Adoptive placement.
(5) The cabinet may make a referral for
intensive family-based support services which may include the following:
(a) A comprehensive assessment, to include:
1. Review of medical, psychiatric, social,
and educational assessments conducted within the last twelve (12) months;
and
2. An in-home
assessment;
(b) If
appropriate, discharge planning provided through the service provider's
involvement with a foster or biological family, the child, and the hospital or
institution to ensure:
1. A coordinated
approach upon discharge; and
2.
That communication is clear regarding behaviors, goals, and recommended
interventions;
(c)
Planned support services provided to assist with routine day-to-day activity
that is crucial to stabilization of a child within the family unit;
(d) Family intervention services, such as
behavioral and family counseling, to assist a child and family in:
1. Identifying and resolving issues
underlying the dysfunctional behaviors within a family; or
2. Eliminating barriers to change;
(e) Respite care services provided
to allow a biological or a foster parent relief for a designated period of time
from the stress of caring for an emotionally disturbed or physically disabled
child or to allow time to attend to other needs;
(f) A paraprofessional attendant to provide
direct in-home services to a child, or a biological or foster parent, as
identified in the case plan;
(g)
Purchase of care in an alternate living unit, as a component of an intensive
family-based support services contract;
(h) Art or music therapy from a qualified
professional;
(i) Educational
consultation and support;
(j) Crisis
intervention;
(k) Skill
development; or
(l) Other service
identified in the case plan.
(6) The type, frequency, intensity, and
duration of services shall be determined according to each individual
situation.
(7) A family case plan
shall be developed to address:
(a) Family
strengths and needs;
(b) Goals,
objectives, and tasks;
(c) Time
frames; and
(d) Anticipated
outcomes.
Section
5. Safety Net Services.
(1)
Safety net services shall be provided for a former K-TAP recipient who:
(a) Has total income at or below 200 percent
of federal poverty level; and
(b)
Is no longer eligible for K-TAP benefits due to:
1. Failure to comply with Kentucky Works
requirements of
921
KAR 2:370, Section 7(2); or
2. Reaching benefit time limitations
established at
921
KAR 2:006, Section 21.
(2) A safety net service shall include
contact with the family and may address the following:
(a) Assistance to the individual or family to
identify the problem and resources available to improve the
situation;
(b) Linkage to the
appropriate resources; or
(c)
Intervention in a crisis situation including:
1. Fuel shortage;
2. Utility shutoff;
3. Insufficient food, clothing, housing, or
employment; or
4. Response to an
inquiry regarding the family situation.
(3)
(a) The
cabinet may authorize fund distribution to an appropriate vendor, in order to
provide for a family's safety net services.
(b) Up to a total of $635 may be paid over
four (4) months during the twelve (12) month period following an event
specified in subsection (1)(b) of this section.
Section 6. Medicaid Services.
(1) Rehabilitative services shall be provided
to a Medicaid-eligible child under the age of twenty-one (21) who meets the
Department for Community Based Services' conditions and circumstances as a
child in the custody of, or under the supervision of, or at risk of being in
the custody of, the cabinet.
(2)
Targeted case management services shall be provided to a Medicaid-eligible
individual in accordance with
907
KAR 3:020, Section 3(1).
Section 7. K-TAP Determination for Domestic
Violence Victims. If a report of alleged domestic violence is made, the cabinet
shall:
(1) Attempt to arrange a face-to-face
interview with the alleged victim to conduct an assessment or investigation,
according to the procedure established at
921
KAR 2:006, Section 25, and, if necessary, shall offer:
(a) Protective and general adult services;
or
(b) Educational materials in
accordance with
KRS
209A.130; and
(2) Upon completion of the assessment or
investigation, provide information to K-TAP whether the reported victim:
(a) Is in a domestic violence situation;
and
(b) Has agreed to
services.
Section
8. Assessment of Minor Teenage Parents.
(1) If a determination is made that a minor
teenage parent is an applicant or recipient of K-TAP and is not living with an
adult or legal guardian, the minor teenage parent shall be referred for an
assessment of the minor teenage parent's safety, including assistance with an
alternative living arrangement if necessary.
(2) The cabinet shall:
(a) Conduct a face-to-face contact with the
minor teenager's parent and the minor parent's child;
(b) Conduct a face-to-face interview with the
minor parent in order to assess the minor parent's current situation and the
safety issues for the minor teenage parent and child;
(c) Determine if the minor teenager's parent
or guardian accepts the minor teenager's living arrangement;
(d) Refer the family to the appropriate
services; and
(e) Provide the
following to the Division of Family Support:
1. Identification of safety issues;
2. A recommendation regarding opening a
protective or preventive services case on the family; and
3. Services to which the minor teenage parent
has been referred.
Section 9. Improper Payments. The cabinet
shall recover the amount of an improper payment pursuant to KRS 45.237-45.241
and
205.211,
including assistance paid pending the outcome of a hearing, from the
claimant-payee.
Section 10. State
Plan. A copy of the state's Title IV-A Temporary Assistance for Needy Families
state plan may be obtained by a request in writing made to the Commissioner of
the Department for Community Based Services, Cabinet for Health and Family
Services, 275 East Main Street, Frankfort, Kentucky 40621.
Notes
STATUTORY AUTHORITY: KRS 194A.050(1), 605.130(7), 605.150
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