RELATES TO:
KRS
205.455(4),
209.020(2),
209.030(9),
209.160(1),
(2), 209A.010-080, 45 C.F.R. 74, 92
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to formulate all
administrative regulations necessary under applicable state laws to protect,
develop, and maintain the health, personal dignity, integrity, and sufficiency
of the individual citizens of the commonwealth and necessary to operate the
programs and fulfill the responsibilities vested in the cabinet.
KRS
209.030(1) and
209A.030(1)
authorize the cabinet to promulgate administrative regulations to effect the
purposes of KRS Chapters 209, governing protective services to adults, and
209A, governing the protective services to victims of domestic violence. This
administrative regulation establishes the requirements necessary for domestic
violence shelters to receive funding.
Section
1. Definitions.
(1) "Agency"
means a private or public nonprofit incorporated organization, or organization
in the process of obtaining nonprofit status:
(a) That has the capacity to provide domestic
violence shelter and related services to a client; and
(b) With whom the cabinet or its designee
contracts for services.
(2) "Annual plan and budget" means the annual
application for funding submitted to the cabinet or its designee by each
domestic violence shelter.
(3)
"Cabinet" is defined by
KRS
209.020(2) and
209A.020(2).
(4) "Client" means a:
(a) Domestic violence victim; and
(b) Dependent child of the domestic violence
victim.
(5) "District"
is defined by
KRS
205.455(4).
(6) "Service provider" means the agency
within each area development district, designated by the cabinet or its
designee as the focal point of service delivery for domestic violence shelter
and related services.
Section
2. General Funds. The cabinet or its designee shall annually
allocate appropriated general funds to cabinet-approved service providers for
the operation of domestic violence shelters.
Section 3. Service Provider.
(1)
(a) The
cabinet or its designee shall approve one (1) service provider for each area
development district to receive an allocation of general funds in accordance
with
KRS
209.160(2).
(b) The approval shall be in effect unless
rescinded following a review of the agency's performance and its annual plan
and budget proposal for the upcoming year.
(2)
(a) The
cabinet or its designee shall select a service provider after a determination
that the service provider meets the standards set forth in 922 KAR
5:040.
(b) Each selected agency
shall submit a properly executed annual plan and budget proposal which shall
indicate each agency's capacity to provide domestic violence shelter and other
related services for a client.
(c)
The application for funding shall:
1. Specify
the type and kind of services the provider proposes to perform, either as a
provider or under subcontract;
2.
Detail fiscal considerations;
3.
Assure that the agency and subcontractors shall comply with applicable federal
and state laws, including KRS Chapters 209, 209A, and 45 C.F.R. Parts
74 and
92; and
4. Include a commitment to
provide outreach services in counties of the area development district in which
it is located.
(3)
(a) The
cabinet or its designee shall allocate general funds to the service provider in
each area development district.
(b)
The service provider:
1. Shall be limited to
providing services to the area development district where the service provider
is located; and
2. May provide
services to a client of another area development district if:
a. Shelter space or services are available
for an additional client of another area development district; or
b. An emergency situation exists, such as a
temporary closure of another area development district's domestic violence
shelter.
Section 4. Trust and Agency Funds.
(1) The cabinet or its designee shall:
(a) Designate an agency as a service provider
to receive trust and agency funds from the account created in
KRS
209.160(1);
(b) Allocate trust and agency funds among
each designated service provider at the amount approved by the cabinet or its
designee for each designated service provider in accordance with the provider's
approved plan and budget; and
(c)
Require unencumbered funds to be returned to the cabinet if there is a change
in the designated service provider.
(2) The cabinet or its designee may:
(a) Hold trust and agency funds allocated to
a service provider at the beginning of each fiscal year which are not expended,
to be expended by the same service provider the following year in accordance
with the approved annual plan and budget; or
(b) Assign unencumbered funds returned from a
designated service provider to a new designated service provider.
