RELATES TO:
KRS
199.011,
200.575,
600.020,
605.100,
605.130,
620.170,
45 C.F.R.
1355.34(b), (c),
1356.22,
42 U.S.C. 673
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
cabinet to promulgate, administer, and enforce those administrative regulations
necessary to qualify for the receipt of federal funds. To maintain eligibility
for full funding under Title IV-E and IV-B of the Social Security Act, under
45 C.F.R.
1355.34(b) and (c), the
cabinet shall design services to help children achieve permanency, to include
post-legal adoption services.
KRS
199.472 requires the cabinet to establish
criteria for the adoption of children by administrative regulation.
KRS
605.150 authorizes the cabinet to promulgate
administrative regulations to implement the provisions of KRS Chapter 605,
including
KRS
605.130(7), which requires
the cabinet to perform other services necessary for the protection of children,
and
KRS
605.100(1), which requires
the cabinet to arrange for a program of care, treatment, and rehabilitation of
the children committed to it. This administrative regulation establishes
post-adoption placement stabilization services for children who were adopted
from the custody of the cabinet, to the extent funds are available.
Section 1. Definitions.
(1) "Aftercare plan" means a plan of care for
a child upon the discontinuance of post-adoption placement stabilization
services, which:
(a) Recommends services for
the continued care of the child;
(b) Identifies community resources that have
been arranged for the child or parent; and
(c) Includes actions that the parent agrees
to take.
(2)
"Child-caring facility" is defined by
KRS
199.011(5).
(3) "Commitment" is defined by
KRS
600.020(13).
(4) "Family team meeting" means a meeting
convened to develop services to avoid the dissolution of an adoption in
accordance with Section 2(2)(b)4. of this administrative regulation.
(5) "Post-adoption placement stabilization
services" or "PAPSS" means coordination, payment, and provision of care and
treatment of an adopted child by the cabinet to prevent dissolution of the
adoption.
Section 2.
Eligibility Requirements for Services.
(1)
The cabinet shall consider a request for PAPSS made on behalf of an adopted
child if:
(b) Cabinet staff determines that after the
provision of other prevention services, such as services provided in
subparagraph (2)(b)2. of this section, the adoption of the child remains in
jeopardy of dissolution.
(2) If the threshold criteria of subsection
(1) of this section are met, the cabinet shall consider a child eligible for
PAPSS if:
(a) Upon a child's placement with a
child-caring facility or a decision to extend PAPSS, the child is assessed:
1. Prior to July 1, 2022, a level of care by
the cabinet or its agent and determined to meet criteria for:
a. Level IV; or
b. Level V; or
2. On or after July 1, 2022, as a Level III
as established in
922
KAR 1:360, Section 4(3); and
(b) The adoptive parent:
2.
Has cooperated with other services to prevent the adoption's dissolution, such
as:
a. Targeted Case Management and other
behavioral health services through Community Mental Health Centers and other
Kentucky Medicaid Program behavioral health services providers;
b. Family Preservation Services in accordance
with
KRS
200.575; or
c. Crisis stabilization through the Kentucky
Medicaid Program;
3.
Authorizes the cabinet to:
a. Coordinate
PAPSS for the child;
b. Make a
referral on behalf of the child to a child-caring facility for the child's
placement; and
c. Access
confidential medical and treatment information about the child;
and
4. Agrees to:
a. Participate in a family team meeting:
(i) To include designated regional cabinet
staff, family members, staff of the child-caring facility providing services to
the child, or other individuals requested by the family or cabinet
staff;
(ii) Within the first thirty
(30) days of a child's receipt of PAPSS; and
(iii) As established in Section 4(4) of this
administrative regulation;
b. Cooperate with an assessment of the child
to determine the child's needs and eligibility for PAPSS as required by
paragraph (a) of this subsection;
c. Place the child with:
(i) A child-caring facility operating in
accordance with
922
KAR 1:360, for which the commissioner or designee
shall approve the placement of a child age ten (10) or younger; or
(ii) An out-of-state, licensed child care
institution upon authorization by the cabinet for payment to the child care
institution in accordance with Section 3(1) of this administrative
regulation;
d.
Participate in the child's treatment to support reunification with the child;
and
e. A renegotiation of the
child's adoption assistance to one (1) dollar, provided in accordance with
922 KAR
1:050 or
922 KAR
1:060, during the period of time the child receives
PAPSS.
Section 3. Payment.
(1) To the extent funds are available, the
cabinet shall pay a reimbursement rate for PAPSS consistent with the child's
assessed level of care or as established in Section 2(2)(a) of this
administrative regulation unless:
(a) The
child's child care institution does not have an agreement with the cabinet in
accordance with
922
KAR 1:360; and
(b) Approval for a different rate is obtained
from the commissioner or designee.
(2) During the time period in which a child
receives PAPSS, the cabinet shall temporarily reimburse for the renegotiated
adoption assistance in accordance with:
(a)
Section 2(2)(b)4.e. of this administrative regulation; and
Section 4. Timeframes for PAPSS.
(1) The cabinet shall discontinue payment for
PAPSS after the child has received PAPSS for sixty (60) calendar days, unless
an additional time period of PAPSS has been approved in accordance with
subsections (2) and (3) of this section.
(2) After the child has received PAPSS for
sixty (60) calendar days, to the extent funds are available, the:
(a) Commissioner or designee may approve the
child for an additional thirty (30) calendar days, for a total of ninety (90)
calendar days of PAPSS, if the:
1. Child
continues to meet the requirements specified in Section 2(2)(a) of this
administrative regulation; and
2.
Adoptive parent continues to meet the requirements specified in Section 2(2)(b)
of this administrative regulation; or
(b) Cabinet may continue PAPSS to a child if
the:
1. Child continues to meet the criteria
established in Section 2(2)(a) of this administrative regulation;
2. Child's assessed needs require PAPSS
beyond an additional thirty (30) calendar days; and
3. Adoptive parent:
a. Voluntarily commits the child to the
cabinet in accordance with
KRS 620.170
and
45
C.F.R.
1356.22; and
b. Continues to meet the criteria established
in Section 2(2)(b) of this administrative regulation.
(3) To the extent funds
are available, the cabinet may provide PAPSS to a child beyond ninety (90)
calendar days in a twelve (12) month period, if the:
(a) Child continues to meet the criteria
established in Section 2(2)(a) of this administrative regulation; and
(b) Adoptive parent meets the requirements of
subsection (2)(b)3. of this section.
(4) If a child receives PAPSS, the cabinet
shall call at least one (1) family team meeting for the child. The meeting may
be called:
(a) At thirty (30) calendar day
intervals; or
(b) More frequently
than one (1) time in a thirty (30) day period with the consent of the adoptive
parent.
Section
5. Continuation of PAPSS Through Voluntary Commitment.
(1) If an adoptive parent voluntarily commits
a child to the cabinet for the child's continued benefit of PAPSS and continues
to meet criteria established in Section 2(2)(b) of this administrative
regulation, the cabinet shall seek no child support from the adoptive
parent.
(2) Any extension to the
voluntary commitment of the child to the cabinet shall be in accordance with
KRS 620.170
and
45
C.F.R.
1356.22.
Section 6. Discontinuation and Aftercare. The
cabinet may develop an aftercare plan for the adoptive parent and child, if
the:
(1) Cabinet discontinues PAPSS;
and
(2) Adoptive parent assists in
the aftercare plan's development.
Section 7. Appeals.
(1) An adoptive parent shall be granted an
administrative hearing in accordance with
922 KAR 1:320 if
the cabinet fails to:
(a) Use reasonable
promptness in its:
1. Response to a request
for PAPSS; or
2. Referral of an
eligible child to a child-caring facility for approved PAPSS;
or
(b) Call a family team
meeting for a child during the:
1. Sixty (60)
calendar days a child receives PAPSS; or
2. Period of time a child receives an
extension to PAPSS in accordance with Section 4(2) and (3) of this
administrative regulation.
(2) Private child-caring facilities shall
have appeal rights in accordance with
922
KAR 1:360, Sections 16 and 17.
(3) An adoptive parent may request a review
by the commissioner if criteria of
922 KAR 1:320,
Section 4(5) or 10(2) are met.
Section
8. Out-of-State Request for PAPSS. The cabinet shall consider
out-of-state requests for a child adopted from the custody of the cabinet on a
case-by-case basis, to include considerations regarding the:
(1) Needs of the child;
(2) Consent of the parent; and
(3) Extent of funds available.