RELATES TO:
KRS
61.870,
158.135(1)(c),
194A.005(1),
194A.050(1),
199.011,
199.464,
199.472(1),
199.640,
311.720(12),
311.840(3),
314.011(5),
(7),
600.020,
605.100(1),
605.150(1),
620.360,
45 C.F.R. Parts 160, 164,
42 U.S.C.
671(a),
675
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Secretary for the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate the programs and fulfill the
responsibilities vested in the cabinet.
KRS
199.472(1) requires the
cabinet to promulgate administrative regulations to establish the process of
determining an applicant's capacity for adoptive parenthood.
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.
KRS
605.100(1) requires the
cabinet to arrange programs designed to provide for classification,
segregation, and specialized treatment of children according to their
respective problems, needs, and characteristics.
KRS
605.150(1) authorizes the
cabinet to promulgate administrative regulations to implement the provisions of
KRS Chapter 605. In addition,
42 U.S.C.
671(a)(24) includes a
certification that, before a child in foster care under the responsibility of
the state is placed with prospective foster parents, the prospective foster
parents will be prepared adequately with the appropriate knowledge and skills
to provide for the needs of the child, and that such preparation will be
continued, as necessary, after the placement of the child. This administrative
regulation establishes minimum training requirements for foster parents,
adoptive parents, and respite care providers caring for foster or adoptive
children in the custody of the cabinet.
Section
1. Definitions.
(1) "Adoptive
parent" means an individual who is seeking to adopt a child placed in the
custody of the cabinet.
(2)
"Applicant" means an individual or family, subject to approval by the cabinet,
or by a private child-placing agency, as a foster or adoptive home.
(3) "Cabinet" is defined by
KRS
194A.005(1) and
600.020(7).
(4) "Care Plus" means a foster care program
for a child who is determined to have specialized care needs as specified in
922 KAR
1:350, Section 5.
(5)
"Child specific foster home" means an individual or family subject to approval
by the cabinet as a foster family home for a relative or fictive kin
placement.
(6) "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) If referring to an individual, any
individual approved as a foster parent by:
1.
A child-placing agency in accordance with 922 KAR
1:310; or
2. The cabinet in accordance with 922 KAR
1:350.
(7)
"Health professional" means a person actively licensed as a:
(a) Physician as defined by
KRS
311.720(12);
(b) Physician assistant as defined by
KRS
311.840(3);
(c) Advanced practice registered nurse as
defined by
KRS
314.011(7); or
(d) Registered nurse as defined by
KRS
314.011(5) under the
supervision of a physician.
(8) "Medically complex" means a foster care
program for a child who is determined to have a medical condition as specified
in 922 KAR
1:350, Section 4.
(9)
"Professional experience" means paid employment or volunteer work in a setting
where there is supervision or periodic evaluation.
(10) "Reasonable and prudent parent standard"
is defined by
42
U.S.C.
675(10).
(11) "Respite care" means temporary care
provided by another individual or family:
(a)
To meet the needs of the child or provide relief to a foster or adoptive parent
approved in accordance with 922 KAR
1:310 or 922 KAR
1:350; and
(b) With the expectation of a child's return
to the current foster or adoptive home.
(12) "Therapeutic foster care" is defined by
KRS
158.135(1)(c).
(13) "Trauma informed care" means training
developed using an organizational strengths-based framework to recognize and
respond to the impact of traumatic stress on children, care-givers, and service
providers with a goal to facilitate and support the recovery and resiliency of
the child and family.
Section
2. General Training Requirements.
(1) The purpose of the foster or adoptive
parent training shall be to:
(a) Orient the
applicant to the philosophy and process of the foster care or adoption
programs;
(b) Develop greater
self-awareness on the part of the applicant to determine strengths and
needs;
(c) Sensitize the applicant
to the kinds of situations, feelings, and reactions that are apt to occur with
a child in the custody of the cabinet;
(d) Effect behavior so that an applicant may
better fulfill the role as a foster or adoptive parent to a child;
and
(e) Emphasize:
1. Self-evaluation; and
2. Experiential learning.
(2)
(a) A foster or adoptive parent applicant
shall complete a minimum of fifteen (15) hours of curricula in the following
topic areas:
1. Information about the rights,
responsibilities, and expectations of a foster or adoptive parent;
2. The importance of birth parents and
culture;
3. The process of a child
entering foster care;
4. Types of
child maltreatment;
5. Impact of
childhood trauma;
6. Stages of
grief;
7. Long term effects of
separation and loss;
8. Permanency
planning for a child, including independent living for transitioning
youth;
9. Importance of attachment
on a child's growth and development and the way a child maintains and develops
a healthy attachment;
10. Family
functioning, values, and expectations of a foster or adoptive home;
11. Cultural competency;
12. Emergency preparedness;
13. Child development;
14. Basic discipline and behavior management
skills; and
15. Reasonable and
prudent parent standard.
(b) The cabinet shall waive up to twelve (12)
hours of preservice training curricula for an applicant seeking approval as a
child specific foster home unless the cabinet identifies an unmet need that
necessates training.
(c) The
cabinet shall not waive the required electronic courses required by subsection
(3) of this section.
(d) Training
curricula specified in paragraph (a) of this subsection shall be:
1. Provided by the cabinet; or
2. Approved by the cabinet in accordance with
Section 8 of this administrative regulation.
(e) Unless justification is documented
pursuant to paragraphs (f) and (g) of this subsection, foster or adoptive
parent training for placement of a child in the custody of the cabinet shall be
completed in a group setting by each adult who resides in the household and may
provide routine care to a child in the custody of the cabinet.
(f) A justification to provide foster or
adoptive parent training other than in a group setting pursuant to paragraph
(e) of this subsection shall:
1. Include the
circumstance that prevents the foster or adoptive parent training from
occurring in a group setting; and
2. Be documented utilizing the DPP-113,
Request for Applicant or Adult Household Member to Attend Individualized
Training.
(g) A
justification completed in accordance with paragraph (f) of this subsection
shall be placed in the foster or adoptive parent's case file.
(h) An applicant shall not receive more than
eight (8) hours of individualized training during a twenty-four (24) hour
period.
(3) In addition
to initial training requirements in subsection (2)(a) of this section, a foster
or adoptive parent applicant shall complete the following electronic courses
provided by the cabinet prior to approval:
(a) Pediatric Abusive Head Trauma;
(b) First Aid and Universal
Precautions;
(c) Medication
Administration;
(d) Medical
Passports; and
(e) Reasonable and
Prudent Parenting.
(4)
First aid certification may substitute for the training requirement provided
within subsection (3)(b) of this section if the foster or adoptive parent
applicant provides documentation of current certification.
Section 3. General Annual Training
Requirements.
(1) Prior to or during the
month of the second anniversary date of a foster or adoptive parent's initial
approval, the foster or adoptive parent shall complete a minimum of thirty (30)
hours of training in the following areas:
(a)
Trauma informed care curriculum provided or approved by the cabinet in
accordance with Section 8 of this administrative regulation;
(b) Psychotropic medications curriculum
provided by the cabinet;
(c) Sexual
abuse curriculum provided or approved by the cabinet in accordance with Section
8 of this administrative regulation; and
(d) Behavior management and skill
development.
(2) If a
private child-placing agency provides training in accordance with subsection
(1) of this section prior to a foster or adoptive home's approval, the thirty
(30) hours shall be in addition to the fifteen (15) hours of pre-service
training required by Section 2(2) of this administrative regulation.
(3) If training requirements of subsections
(1) and (2) of this section are met, a foster or adoptive parent shall complete
the following prior to or during each subsequent anniversary of the foster or
adoptive parent's initial approval:
(a) Ten
(10) hours of private child-placing agency or cabinet-sponsored training
related to knowledge or skills relevant to foster parenting, or training
approved in advance by the private child-placing agency or the cabinet;
and
(b) If applicable, training as
specified in Section 2(3)(a) of this administrative regulation once every five
(5) years in accordance with
KRS
199.464.
(4)
(a) The
cabinet may waive annual ongoing training requirements for a foster home
approved as a child specific foster home.
(b) The cabinet shall assess the need for
ongoing training for the child specific foster home during the
re-evaluation.
Section
4. Medically Complex Foster Parent Training Requirements.
(1) In addition to the general training
requirements established in Section 2 of this administrative regulation and
annual training requirements established in Section 3 of this administrative
regulation, a medically complex foster parent applicant shall:
(a) Complete twelve (12) hours of
cabinet-provided medically complex training in the following topic areas
specific to children with medical complexity:
1. Growth and development;
2. Nutrition;
3. Documentation of provided care;
4. Medical conditions; and
5. Standards of practice related to the
medically complex home type; and
(b) Hold a current certification in infant,
child, and adult CPR and first aid.
(2) Prior to or during the anniversary month
of the foster parent's initial approval as a foster parent and annually
thereafter, an approved medically complex foster parent shall:
(a) Meet the requirements in subsection
(1)(b) of this section;
(b)
Complete the annual training requirements as specified in Section 3 of this
administrative regulation; and
(c)
Complete twelve (12) hours of ongoing cabinet-provided training related to the
care of children with medical complexity.
(3) Professional experience related to the
care of a child with medical complexity may substitute for the initial and
annual medically complex training requirements specified in subsections (1)(a)
and (2)(c) of this section if approved by designated cabinet staff based on the
foster or adoptive parent:
(a) Being a health
professional; and
(b) Having
completed twelve (12) hours of continuing education focusing on pediatrics
within the past year that will assist the parent in the care of a child with
medical complexity.
Section 5. Therapeutic Foster Care Training
Requirements.
(1) In addition to the general
training requirements specified in Section 2 of this administrative regulation
and annual training requirements specified in Section 3 of this administrative
regulation, a therapeutic foster care applicant in accordance with 922 KAR
1:310 shall complete twelve (12) hours of private agency-sponsored training or
training approved in advance by the child-placing agency in the following topic
areas:
(a) Specific requirements and
responsibilities of a therapeutic foster care home;
(b) Crisis intervention and behavior
management;
(c) De-escalation
techniques;
(d) Communication
skills;
(e) Skill
development;
(f) The dynamics of a
child who has experienced sexual abuse or human trafficking; and
(g) The effect of substance use, abuse, or
dependency by either the child or the child's biological parent.
(2) An approved therapeutic foster
parent shall:
(a) Complete the annual training
requirements as specified in Section 3 of this administrative regulation;
and
(b) Prior to or during the
anniversary month of the foster parent's initial approval as a foster parent
and annually thereafter, complete twelve (12) hours of private agency-sponsored
training or training approved in advance by the private agency in topic areas
relevant to therapeutic foster care.
(3) A therapeutic foster care applicant may
concurrently complete general training requirements as specified in Section 2
of this administrative regulation and training requirements established in
subsection (1) of this section.
Section 6. Care Plus Training Requirements.
(1) In addition to the general training
requirements specified in Section 2 of this administrative regulation and
annual training requirements specified in Section 3 of this administrative
regulation, a care plus applicant in accordance with 922 KAR
1:350 shall
complete twelve (12) hours of cabinet-sponsored training or training approved
in advance by the cabinet in the following topic areas:
(a) Specific requirements and
responsibilities of a care plus foster home;
(b) Crisis intervention and behavior
management;
(c) De-escalation
techniques;
(d) Communication
skills;
(e) Skill
development;
(f) Cultural
competency;
(g) The dynamics of a
child who has experienced sexual abuse or human trafficking; and
(h) The effect of substance use, abuse, or
dependency by either the child or the child's biological parent.
(2) An approved care plus foster
parent shall:
(a) Complete the annual training
requirements as specified in Section 3 of this administrative regulation;
and
(b) Prior to or during the
anniversary month of the foster parent's initial approval as a foster parent
and annually thereafter, complete twelve (12) hours of ongoing
cabinet-sponsored training or training approved in advance by the cabinet prior
to or during the anniversary month of initial approval as a foster parent in
the topic areas described in subsection (1) of this section.
Section 7. Respite Care
Providers. If a respite provider is not approved as a foster or adoptive parent
in accordance with 922 KAR
1:350 or 922 KAR
1:310, prior to initial approval as
a respite care provider, the individual shall complete a minimum of two (2)
hours of cabinet or private child-placing agency provided curriculum including
an overview of the department and the policies and procedures of the agency
related to the care of the child.
Section
8. Preapproval of Training Curricula.
(1) If a private child-placing agency intends
to offer curricula other than curricula provided by the cabinet as specified in
Sections 2(2) or 3(1) of this administrative regulation, the private
child-placing agency shall submit its curricula to the cabinet or its designee
for consideration.
(2) The cabinet
shall approve curricula that are:
(a)
Comparable in content to curricula provided by the cabinet; or
(b) Recognized evidence-based
practices.
(3) The
cabinet shall make a determination:
(a) Within
thirty (30) calendar days; or
(b)
As a part of the child-placing agency's initial application to provide services
to a child in the custody of the cabinet.
Section 9. Incorporation by Reference.
(1) "DPP-113, Request for Applicant or Adult
Household Member to Attend Individualized Training", 11/15, is incorporated by
reference.
(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.