RELATES TO:
KRS
2.015,
199.011(4),
(10),
200.503(3),
600.020(9),
(30),
610.110(6),
620.140(1)(d)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
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
605.120(2) requires the
cabinet to establish a reimbursement system, within existing appropriation
amounts, for foster parents that comes as close as possible to meeting the
actual cost of caring for foster children, and to address additional costs
associated with providing care to children with exceptional needs. In addition,
Olmstead v. L.C. and E.W., 119 S. Ct. 2176 (1999), held that unnecessary
institutionalization of a person with a disability may be a violation of the
Americans with Disabilities Act of 1990,
3 U.S.C.
421 and that, given certain exceptions,
services should be delivered in the most integrated setting appropriate to the
treatment needs of a person with a disability. This administrative regulation
establishes the requirements for a foster home to receive a high-risk or
parenting youth supplement reimbursement, to the extent funds are available,
for extraordinary care the foster home provides to a child with exceptional
needs, or a parenting youth, who is in the custody of the cabinet.
Section 1. Definitions.
(1) "Child" means:
(a) A child as 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)(d);
or
(c) A person under age
twenty-one (21) who meets the exceptions to the age of majority in accordance
with KRS
2.015.
(2) "Child with a serious emotional
disability" is defined by
KRS
200.503(3).
(3) "Exceptional needs" means the needs of a
child:
(a) As specified in Section 2(2) or 4
of this administrative regulation; and
(b) Reimbursed in accordance with
KRS
605.120(2).
(4) "Extraordinary care" means services:
(a) Provided to a child with exceptional
needs in the custody of the cabinet; and
(b) That exceed a regular per diem, as
established in
922 KAR 1:350, Section
10.
(5) "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) An individual approved as a foster parent
by the cabinet pursuant to
922 KAR 1:310 or
922 KAR 1:350, if referring to an
individual.
(6)
"High-risk supplement" means a reimbursement to a foster home approved in
accordance with
922 KAR 1:350 is necessary to
cover an additional expense associated with the provision of extraordinary
care.
(7) "Parenting youth
supplement" means a daily supplement to the per diem that is necessary to cover
an additional expense associated with a youth who is placed with and has
custody of their own child.
Section
2. High-risk supplement.
(1) To
the extent funds are available, the cabinet shall reimburse a foster home for
the extraordinary care provided to a child with exceptional needs.
(2) The cabinet shall consider a child
eligible for a high-risk supplement if:
(a)
1. Community resources meet the child's
needs; and
2. The child requires
services consistent with Level III care established in
922 KAR 1:360, Section
4;
(b) The child is
placed in a public child welfare agency foster home in accordance with
922 KAR 1:350;
(c) A child has a need for extraordinary care
due to:
1. Being a child with a serious
emotional disability;
2. Being
designated as medically complex by cabinet staff, as established in
922 KAR 1:350, Section 4(1)(b);
or
3. Dual involvement with the
Department of Juvenile Justice;
(d) A consultation initiated by cabinet staff
is held to:
1. Assess the child and
prospective foster home's need for additional support and services;
and
2. Complete a "DPP-111B,
High-Risk Supplement Assessment"; and
(e) The foster home agrees to maintain a
monthly log of the services provided to the child for the duration of the
high-risk supplement.
(3)
The high-risk supplement shall be:
(a) A
standardized amount specified in contract between an approved foster home and
the cabinet; and
(b) Provided to a
foster home for a period of up to six (6) months if the requirements
established in this section are met.
(4) Extensions to the high-risk supplement
may be granted in six (6) month intervals if:
(a) The child is reassessed by the cabinet
pursuant to Section 3 of this administrative regulation and continues to meet
the eligibility requirements established in subsection (2) of this section;
and
(b) A consultation is completed
prior to granting each extension in order to:
1. Review progress made during the child's
current case planning conference, which shall include a review of the foster
home's monthly log of the child's extraordinary care; and
2. Complete a new "DPP-111B, High-Risk
Supplement Assessment".
(5) If a high-risk supplement extension is
granted, the foster home shall continue to complete monthly logs of the child's
extraordinary care.
Section
3. Reassessment for High-Risk Supplement.
(1) If a foster home receives a high-risk
supplement, the child shall be reassessed when the supplement expires to
determine if the eligibility requirements established in Section 2 of this
administrative regulation are met.
(2) If a child eligible for the high-risk
supplement is relocated to another foster home or out-of-home placement, the
cabinet:
(a) Shall cease reimbursement of the
high-risk supplement to the child's prior foster home; and
(b) May redetermine the child to be eligible
for the high-risk supplement if the requirements established in Section 2(2) of
this administrative regulation are met.
Section 4. Parenting Youth Supplement.
(1) To the extent funds are available, the
cabinet shall reimburse a foster home or approved provider pursuant to
922 KAR 1:300,
922 KAR 1:310, or
922 KAR 1:340 for the
extraordinary care provided to a child who is a parenting youth.
(2) The cabinet shall consider a child
eligible for a parenting youth supplement if:
(a) The child is placed in:
1. A cabinet-approved foster home as
established by
922 KAR 1:350;
2. An independent living setting approved in
accordance with
922 KAR 1:340;
3. A private child-placing agency foster home
approved in accordance with
922 KAR 1:310; or
4. An approved private child-caring facility
in accordance with
922 KAR
1:300.
(b) The child:
1. Is in the custody of the
cabinet;
2. Has custody and control
of their own child or children; and
3. Physically resides in the same location as
the child or children; and
(c) A "DPP-116, Parenting Youth Supplement"
is completed.
(3) A
parenting youth supplement shall be:
(a) A
standardized amount per child of the parenting youth added to the per diem of
the parenting youth;
(b) Effective
for the duration of the placement in which the youth in the custody of the
cabinet and their child or children reside together; and
(c) Specified in the DPP-116.
(4) If a child deemed eligible for
the parenting youth supplement is relocated to another foster home or provider
established in subsection (2)(a) of this section, the cabinet:
(a) Shall cease reimbursement of the
parenting youth supplement to the child's prior foster home or provider;
and
(b) May redetermine the child
to be eligible for the parenting youth supplement if the requirements of
subsection (2) of this section are met.
Section 5. Service Appeals. A foster home or
provider referenced in Section 4(1) of this administrative regulation may
request an appeal in accordance with
922 KAR 1:320.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "DPP-111B, High-Risk Supplement
Assessment", 01/24; and
(b)
"DPP-116, Parenting Youth Supplement", 11/20.
(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.
