Title 922 | Chapter 001 | Regulation 565REG
PROPOSED
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CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Protection and Permanency
(Amended After Comments)
922 KAR 1:565.Service array for a relative or fictive kin caregiver.
Section 1.
Definitions.(1)
"Absent parent search" means cabinet-initiated efforts to locate a biological or legal parent, or a relative.(2)
"Cabinet" is defined by KRS 194A.005(1), 199.011(3), and 600.020(7).(3)
"Case permanency plan" is defined by KRS 620.020(1).(4)
"Child" means a:(a)
Child defined by KRS 199.011(4) and 600.020(9);(b)
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.(5)
"Child Care Assistance Program" or "CCAP" means Kentucky's child care subsidy program providing families who meet the eligibility requirements with the financial resources to find and afford quality child care, as established in 922 KAR 2:160.(6)
"Child who is a candidate for foster care" is defined by 42 U.S.C. 675(13).(7)
"Fictive kin" is defined by KRS 199.011(9) and 600.020(28).(8)
"Kentucky Transitional Assistance Program" or "KTAP" means the program(9)
"Parent" is defined by 42 U.S.C. 675(2).(10)
"Relative" means an individual related to a child by blood, marriage, or adoption.(11)
"Relative or fictive kin foster home" means a foster home:(a)
In which the individual approved as a foster parent is a:1.
Relative; or2.
Fictive kin; and(b)
Approved by the cabinet in accordance with 922 KAR 1:350.Section 2.
Identification of a Relative or Fictive Kin.(1)
If a relative or fictive kin placement is in the best interest of a child upon removal from the child's home of origin, the cabinet shall:(a)
Use an absent parent search in accordance with 922 KAR 1:140, Section 3, to locate a relative;(b)
Discuss a prospective relative or fictive kin placement with the:1.
Child's parent; and2.
Child, based upon the age and development of the child; or(c)
Require the parent or other person exercising custodial control or supervision to provide a list of possible persons to be considered pursuant to KRS 620.140(1)(c).(2)
Cabinet staff shall make reasonable attempts to:(a)
Contact the relative or fictive kin; and(b)
Assess the relative's or fictive kin's fitness to serve as a placement resource for the child in accordance with Section 3 of this administrative regulation.(3)
The cabinet shall:(a)
Disclose legal and service options available to a prospective relative or fictive kin:1.
Who is being assessed as a placement resource; and2.
Prior to the time a child is placed in the relative's or fictive kin's home; and(b)
Obtain written acknowledgement of the disclosure of legal and service options from the relative or fictive kin.Section 3.
Fitness of the Relative or Fictive Kin.(1)
To support a child's health, safety, and wellbeing in placement with a relative or fictive kin caregiver, based upon the legal option selected by the relative or fictive kin, the cabinet shall:(a)
Complete a safety check and review with consideration given to the relative's or fictive kin's:1.
Willingness and ability to:a.
Protect the child from abuse or neglect;b.
Participate in the child's case permanency plan;c.
Access:(i)
Transportation;(ii)
Telephone;(iii)
Medical and dental services;(iv)
First aid supplies; and(v)
School;d.
Provide full-time care;e.
Provide for the child's sleeping and eating;f.
Maintain adequate heat and ventilation in the home;g.
Use active smoke detectors in the home; andh.
Assure the child's inaccessibility to:(i)
Medication unless an exception consistent with 922 KAR 1:350, Section 3(12), applies;(ii)
Alcoholic beverages;(iii)
Poisonous materials;(iv)
Firearms or ammunition in accordance with KRS 527.100 and 527.110;(v)
Unsupervised contact with the birth parent, if prohibited; and(vi)
Cleaning materials unless the materials are age or developmentally appropriate for the child or the child is supervised; and2.
Understanding of the impact that familial abuse, neglect, or substance abuse may have on a child and the child's extended family; and3.
Fitness in accordance with 922 KAR 1:490; or(b)
Conduct a home study and background checks in accordance with 922 KAR 1:350 and 922 KAR 1:490 in consideration of the relative or fictive kin as a prospective foster or adoptive home.(2)
A relative or fictive kin caregiver who seeks approval as a relative or fictive kin foster home or adoptive home(3)
The cabinet shall:(a)
Document in the case file that the fictive kin has completed training on the prevention and recognition of pediatric abusive head trauma in accordance with KRS 199.462; and(b)
Provide information to the relative or fictive kin on how to recognize and report child abuse and neglect.(4)
To the extent funds are available, the cabinet shall make available to a relative or fictive kin caregiver training:(a)
For foster parents, adoptive parents, and respite care providers in accordance with 922 KAR 1:495; and(b)
Developed to address the needs of relative and fictive kin caregivers, including management of the relationship with the child's parent.(5)
A relative's or fictive kin's decision to pursue approval as a foster parent shall not guarantee the cabinet's approval.Section 4.
Relative or Fictive Kin Placement Support Benefit.(1)
To the extent that funds are available, the cabinet shall provide, if requested, a one (1) time per placement relative or fictive kin placement support benefit:(a)
To facilitate the child's(b)
If a court of competent jurisdiction has granted temporary custody of the child to the relative, fictive kin, or the cabinet due to:1.
Alleged child2.
The death of both parents;(c)
That will provide for a child's immediate needs, such as:1.
Clothing;2.
School supplies;3.
Additional furniture; or4.
A deposit for a larger apartment; and(d)
That is equal to or does not exceed the amount for the appropriate number of eligible children as follows:Number of Eligible Children | Payment Amount |
1 | $350 |
2 | $700 |
3 | $1,050 |
4 | $1,400 |
5 | $1,750 |
6 or more | $2,100 |
(2)
(a)
The relative or fictive kin placement support benefit shall be issued by check or electronic fund transfer directly to:1.
The relative or fictive kin caregiver with whom the child is placed; or2.
A vendor providing the needed service or item listed in subsection (1)(c) of this section.(b)
Prior to the provision of the relative or fictive kin placement support benefit, the relative, fictive kin, or vendor shall provide tax status and contact information for accounting of the benefit's disbursement.(3)
(a)
In accordance with Kentucky's Title IV-A Temporary Assistance for Needy Families Block Grant state plan, the cabinet shall prioritize a child for the relative placement support benefit if the child is:1.
Placed with a relative whose household income is at or below 200 percent of the federal poverty level as determined annually by the U.S. Department of Health and Human Services; or2.
Determined eligible for KTAP pursuant to 921 KAR 2:006 and 921 KAR 2:016.(b)
Pursuant to 42 U.S.C. 601, Temporary Assistance for Needy Families Block Grant funds shall not be provided to a fictive kin caregiver.(4)
A relative or fictive kin caregiver shall not be eligible for an initial clothing allowance as a foster parent if the relative or fictive kin receives the relative or fictive kin placement support benefit.Section 5.
Legal Options.(1)
The following legal options shall be available to a prospective relative or fictive kin caregiver:(a)
Family-arranged care through:1.
A written plan in accordance with 922 KAR 1:330;2.
An affidavit to make health care treatment and school-related decisions for the child in accordance with KRS 405.024; or3.
A power of attorney for temporary delegation of parental rights and responsibilities in accordance with KRS 403.352 and 403.353;(b)
Court-ordered custody to the relative or fictive kin caregiver in accordance with KRS 403.270-403.355, 620.090, or 620.140(1)(c);(c)
Court-ordered custody to the cabinet in accordance with KRS 620.090, 620.140(1)(c), or 620.170;(d)
Adoption in accordance with KRS 199.470-199.590 or 922 KAR 1:100;(e)
Guardianship in accordance with KRS Chapter 387; or(f)
Subsidized permanent custody in accordance with 42 U.S.C. 673 and 922 KAR 1:145.(2)
Considerations in assessing the legal options for a relative or fictive kin caregiver shall include:(a)
The likelihood of the child's reunification with the child's home of origin, including the child's permanency goal in accordance with 922 KAR 1:140;(b)
The relationship that the relative or fictive kin caregiver has with the child's home of origin or parent;(c)
The ability of the relative or fictive kin caregiver to:1.
Manage parental visitation; and2.
Ensure the child's safety;(d)
The relative or fictive kin caregiver's financial situation and need for additional resources to support the safety, permanency, and wellbeing of the child;(e)
The level of involvement and types of services that will be needed from the cabinet for the caregiver and the child to ensure the safety, permanency, and wellbeing of the child; and(f)
The level of support and types of services that will be needed if:1.
The caregiver assumes legal responsibility for the child; or2.
Reunification with the child's home of origin is not possible for the child.(3)
Permanency services for a child in the custody of the cabinet shall be in accordance with 922 KAR 1:140.Section 6.
Service Options.(1)
The array of monetary supports on behalf of a child placed with a relative or fictive kin caregiver shall include:(a)
The Relative or Fictive Kin Placement Support Benefit in accordance with Section 4 of this administrative regulation;(b)
CCAP in accordance with 922 KAR 2:160;(c)
Child support if application is made or intergovernmental process applies in accordance with 921 KAR 1:380;(d)
KTAP if an application is made in accordance with 921 KAR 2:006 and 921 KAR 2:016;(e)
The Kinship Care Program in accordance with 922 KAR 1:130;(f)
Health benefits for the child:1.
In accordance with 907 KAR 20:005; or2.
If application is made in accordance with 907 KAR 20:015, 907 KAR 4:020, or 907 KAR 4:030;(g)
Foster care per diem in accordance with:1.
a.
922 KAR 1:350; orb.
D.O. v. Glisson, 847 F.3d 374 (6th Cir. 2017), cert. denied, 17-17, 2017 WL 2869916 (U.S. Oct. 10, 2017); and2.
The terms and conditions specified in the individual agreement between the cabinet and the foster parent;(h)
Adoption assistance in accordance with 922 KAR 1:050 or 922 KAR 1:060;(i)
To the extent funds are available, post-permanency services, including:1.
Subsidized permanent custody in accordance with2.
Post-adoption placement stabilization services in accordance with 922 KAR 1:530; or(j)
The Supplemental Nutrition Assistance Program if application is made and approved in accordance with 921 KAR 3:030.(2)
To the extent funds are available,(a)
Mental health and substance abuse prevention and treatment services; or(b)
In-home parent skill-based programs.(3)
To the extent funds are available, the cabinet or its designee shall provide the following services for a relative or fictive kin caregiver:(a)
A hotline;(b)
Online portal;(c)
Crisis intervention;(d)
Support group;(e)
Advocacy;(f)
Caregiver training;(g)
Community education; and(h)
Referral to community resource or provider, such as:1.
Family Resource and Youth Service Centers established in accordance with KRS 156.496;2.
The Health Access Nurturing Development Services (HANDS) Program in accordance with 902 KAR 4:120;3.
The Special Supplemental Nutrition Program for Women, Infants, and Children or "WIC program" in accordance with 902 KAR Chapter 18;4.
Kentucky's Early Intervention Program, First Steps, in accordance with 902 KAR Chapter 30;5.
Mental health programming; or6.
Caregiver programming made available through the Department for Aging and Independent Living or its designee.(4)
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 7.
Complaint and Service Appeals.(1)
A relative or fictive kin caregiver may submit a service complaint or an appeal concerning a protection and permanency service in accordance with 922 KAR 1:320.(2)
An appeal concerning CCAP shall be made in accordance with 921 KAR 2:055, 922 KAR 2:020, or 922 KAR 2:260.(3)
An appeal regarding KTAP shall be made in accordance with 921 KAR 2:055.(4)
An appeal concerning the Supplemental Nutrition Assistance Program shall be made in accordance with 921 KAR 3:060 or 921 KAR 3:070.LESA DENNIS, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: April 9, 2024
FILED WITH LRC: April 10, 2024 at 2:10 p.m.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-7476; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin or Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the service array for a relative or fictive kin caregiver of a child in the state’s custody.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the service array for a relative or fictive kin caregiver required by KRS 620.142(1).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 620.142(5) requires the cabinet to promulgate administrative regulations developing custodial, permanency, and service options that shall be available to a relative or fictive kin caregiver. This administrative regulation conforms to the content of the authorizing statutes through its establishment of the service array for a relative or fictive kin caregiver.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes through its establishment of a service array for a relative or fictive kin caregiver.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment includes references to a new permanency option for children who have been removed from their home of origin, subsidized permanent custody. This is a new type of guardianship program being implemented by the cabinet through which a nonparental relative or fictive kin caregiver and foster parent of a child may receive permanent custody of a child and financial assistance in caring for the child. The amendment also includes that the relative or fictive kin placement support benefit be provided upon each placement of a child if requested and applicable, rather than only one time.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary for implementation of the cabinet’s new subsidized permanent custody permanency option and for consistency with other administrative regulations.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 620.142(5) requires the cabinet to promulgate administrative regulations developing custodial, permanency, and service options that shall be available to a relative or fictive kin caregiver. This amendment includes a new permanency option available to relative or fictive kin caregivers.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment reflects the provision of a new permanency option and establishes services and assistance available to relative or fictive kin caregivers.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
As of October 1, 2023, there were 437 children in the cabinet’s custody placed in a foster home with a relative or fictive kin caregiver. Once a child has been in a relative or fictive kin foster home for at least six months, they may be eligible for subsidized permanent custody.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
There are no new requirements. This amendment includes an additional new permanency option and additional benefits that may be available to caregivers.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no costs to regulated entities associated with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
There are no new requirements, but additional supports are available.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The cabinet projects a possible cost increase of $535,000 in providing the relative or fictive kin placement support benefit on a more frequent basis.
(b) On a continuing basis:
Approximately $535,000 per year.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The one million dollar per year General Fund appropriation specifically for the Relative Placement Support Benefit and additional General Fund dollars as needed. The portion of this funding provided to relative caregivers is used as Maintenance of Effort General Funds applied towards federal Temporary Assistance for Needing Families (TANF) funding.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no increase in fees or funding associated with this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees, or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
This administrative regulation is applied in a like manner statewide, but relatives and fictive kin caring for more children receive a higher amount of financial assistance to support the care of the children.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
42 U.S.C. 601-619, 671, 673, 675
(2) State compliance standards.
KRS 194A.050(1), 605.130(7), 605.150(1), 620.142(5)
(3) Minimum or uniform standards contained in the federal mandate.
42 U.S.C. 601-619, 671, 673, 675
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation will not impose stricter requirements than those required by the federal mandate. It does vary in providing cash assistance to fictive kin caregivers pursuant to state law, KRS 620.142(1).
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
This administrative regulation will not impose stricter requirements than those required by federal mandates.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050(1), 605.130(7), 605.150(1), 620.142(5), 42 U.S.C. 601-619, 671, 673, 675.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Cabinet for Health and Family Services, Department for Community Based Services.
(a) Estimate the following for the first year:
Expenditures:
The cabinet estimates a cost of approximately $1,605,450 to provide the relative or fictive kin placement support benefit payment each year. The cabinet will provide per diems to relative or fictive kin caregivers that choose to become foster parents for the child(ren) in their care and the caregivers may be eligible to receive ongoing financial assistance in caring for the child if they apply and are eligible for specific programs and supports provided by the cabinet.
Revenues:
There is no revenue.
Cost Savings:
There is no cost savings to the cabinet.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
They are not expected to differ substantially.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Not applicable.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(4) Identify additional regulated entities not listed in questions (2) or (3):
This administrative regulation establishes supports and services for relative or fictive kin caregivers of children who have been removed from their homes.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
Caregivers may receive assistance or per diems from the cabinet.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
They are not expected to differ substantially.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The fiscal impact of this administrative regulation is to the cabinet for providing the services and supports established for caregivers. These supports are paid through a mix of state and federal funds.
(b) Methodology and resources used to determine the fiscal impact:
The cabinet is already paying for these supports and therefore is aware of the fiscal impact.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
No, this administrative regulation does not have an overall negative or adverse economic impact.
(b) The methodology and resources used to reach this conclusion:
The only financial impact is to the cabinet through payments to relative or fictive kin caregivers paid with state and federal funds. The services and supports contained in this administrative regulation provide financial and other assistance to relative or fictive kin caregivers caring for a child who has been removed from their home of origin.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Protection and Permanency
(Amended After Comments)
922 KAR 1:565.Service array for a relative or fictive kin caregiver.
Section 1.
Definitions.(1)
"Absent parent search" means cabinet-initiated efforts to locate a biological or legal parent, or a relative.(2)
"Cabinet" is defined by KRS 194A.005(1), 199.011(3), and 600.020(7).(3)
"Case permanency plan" is defined by KRS 620.020(1).(4)
"Child" means a:(a)
Child defined by KRS 199.011(4) and 600.020(9);(b)
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.(5)
"Child Care Assistance Program" or "CCAP" means Kentucky's child care subsidy program providing families who meet the eligibility requirements with the financial resources to find and afford quality child care, as established in 922 KAR 2:160.(6)
"Child who is a candidate for foster care" is defined by 42 U.S.C. 675(13).(7)
"Fictive kin" is defined by KRS 199.011(9) and 600.020(28).(8)
"Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.(9)
"Parent" is defined by 42 U.S.C. 675(2).(10)
"Relative" means an individual related to a child by blood, marriage, or adoption.(11)
"Relative or fictive kin foster home" means a foster home:(a)
In which the individual approved as a foster parent is a:1.
Relative; or2.
Fictive kin; and(b)
Approved by the cabinet in accordance with 922 KAR 1:350.Section 2.
Identification of a Relative or Fictive Kin.(1)
If a relative or fictive kin placement is in the best interest of a child upon removal from the child's home of origin, the cabinet shall:(a)
Use an absent parent search in accordance with 922 KAR 1:140, Section 3, to locate a relative;(b)
Discuss a prospective relative or fictive kin placement with the:1.
Child's parent; and2.
Child, based upon the age and development of the child; or(c)
Require the parent or other person exercising custodial control or supervision to provide a list of possible persons to be considered pursuant to KRS 620.140(1)(c).(2)
Cabinet staff shall make reasonable attempts to:(a)
Contact the relative or fictive kin; and(b)
Assess the relative's or fictive kin's fitness to serve as a placement resource for the child in accordance with Section 3 of this administrative regulation.(3)
The cabinet shall:(a)
Disclose legal and service options available to a prospective relative or fictive kin:1.
Who is being assessed as a placement resource; and2.
Prior to the time a child is placed in the relative's or fictive kin's home; and(b)
Obtain written acknowledgement of the disclosure of legal and service options from the relative or fictive kin.Section 3.
Fitness of the Relative or Fictive Kin.(1)
To support a child's health, safety, and wellbeing in placement with a relative or fictive kin caregiver, based upon the legal option selected by the relative or fictive kin, the cabinet shall:(a)
Complete a safety check and review with consideration given to the relative's or fictive kin's:1.
Willingness and ability to:a.
Protect the child from abuse or neglect;b.
Participate in the child's case permanency plan;c.
Access:(i)
Transportation;(ii)
Telephone;(iii)
Medical and dental services;(iv)
First aid supplies; and(v)
School;d.
Provide full-time care;e.
Provide for the child's sleeping and eating;f.
Maintain adequate heat and ventilation in the home;g.
Use active smoke detectors in the home; andh.
Assure the child's inaccessibility to:(i)
Medication unless an exception consistent with 922 KAR 1:350, Section 3(12), applies;(ii)
Alcoholic beverages;(iii)
Poisonous materials;(iv)
Firearms or ammunition in accordance with KRS 527.100 and 527.110;(v)
Unsupervised contact with the birth parent, if prohibited; and(vi)
Cleaning materials unless the materials are age or developmentally appropriate for the child or the child is supervised; and2.
Understanding of the impact that familial abuse, neglect, or substance abuse may have on a child and the child's extended family; and3.
Fitness in accordance with 922 KAR 1:490; or(b)
Conduct a home study and background checks in accordance with 922 KAR 1:350 and 922 KAR 1:490 in consideration of the relative or fictive kin as a prospective foster or adoptive home.(2)
A relative or fictive kin caregiver who seeks approval as a relative or fictive kin foster home or adoptive home shall meet the training requirements established in 922 KAR 1:495.(3)
The cabinet shall:(a)
Document in the case file that the fictive kin has completed training on the prevention and recognition of pediatric abusive head trauma in accordance with KRS 199.462; and(b)
Provide information to the relative or fictive kin on how to recognize and report child abuse and neglect.(4)
To the extent funds are available, the cabinet shall make available to a relative or fictive kin caregiver training:(a)
For foster parents, adoptive parents, and respite care providers in accordance with 922 KAR 1:495; and(b)
Developed to address the needs of relative and fictive kin caregivers, including management of the relationship with the child's parent.(5)
A relative's or fictive kin's decision to pursue approval as a foster parent shall not guarantee the cabinet's approval.Section 4.
Relative or Fictive Kin Placement Support Benefit.(1)
To the extent that funds are available, the cabinet shall provide, if requested, a one (1) time per placement relative or fictive kin placement support benefit:(a)
To facilitate the child's placement with a nonparental relative or fictive kin;(b)
If a court of competent jurisdiction has granted temporary custody of the child to the relative, fictive kin, or the cabinet due to:1.
Alleged child abuse or neglect; or2.
The death of both parents;(c)
That will provide for a child's immediate needs, such as:1.
Clothing;2.
School supplies;3.
Additional furniture; or4.
A deposit for a larger apartment; and(d)
That is equal to or does not exceed the amount for the appropriate number of eligible children as follows:Number of Eligible Children | Payment Amount |
1 | $350 |
2 | $700 |
3 | $1,050 |
4 | $1,400 |
5 | $1,750 |
6 or more | $2,100 |
(2)
(a)
The relative or fictive kin placement support benefit shall be issued by check or electronic fund transfer directly to:1.
The relative or fictive kin caregiver with whom the child is placed; or2.
A vendor providing the needed service or item listed in subsection (1)(c) of this section.(b)
Prior to the provision of the relative or fictive kin placement support benefit, the relative, fictive kin, or vendor shall provide tax status and contact information for accounting of the benefit's disbursement.(3)
(a)
In accordance with Kentucky's Title IV-A Temporary Assistance for Needy Families Block Grant state plan, the cabinet shall prioritize a child for the relative placement support benefit if the child is:1.
Placed with a relative whose household income is at or below 200 percent of the federal poverty level as determined annually by the U.S. Department of Health and Human Services; or2.
Determined eligible for KTAP pursuant to 921 KAR 2:006 and 921 KAR 2:016.(b)
Pursuant to 42 U.S.C. 601, Temporary Assistance for Needy Families Block Grant funds shall not be provided to a fictive kin caregiver.(4)
A relative or fictive kin caregiver shall not be eligible for an initial clothing allowance as a foster parent if the relative or fictive kin receives the relative or fictive kin placement support benefit.Section 5.
Legal Options.(1)
The following legal options shall be available to a prospective relative or fictive kin caregiver:(a)
Family-arranged care through:1.
A written plan in accordance with 922 KAR 1:330;2.
An affidavit to make health care treatment and school-related decisions for the child in accordance with KRS 405.024; or3.
A power of attorney for temporary delegation of parental rights and responsibilities in accordance with KRS 403.352 and 403.353;(b)
Court-ordered custody to the relative or fictive kin caregiver in accordance with KRS 403.270-403.355, 620.090, or 620.140(1)(c);(c)
Court-ordered custody to the cabinet in accordance with KRS 620.090, 620.140(1)(c), or 620.170;(d)
Adoption in accordance with KRS 199.470-199.590 or 922 KAR 1:100;(e)
Guardianship in accordance with KRS Chapter 387; or(f)
Subsidized permanent custody in accordance with 42 U.S.C. 673 and 922 KAR 1:145.(2)
Considerations in assessing the legal options for a relative or fictive kin caregiver shall include:(a)
The likelihood of the child's reunification with the child's home of origin, including the child's permanency goal in accordance with 922 KAR 1:140;(b)
The relationship that the relative or fictive kin caregiver has with the child's home of origin or parent;(c)
The ability of the relative or fictive kin caregiver to:1.
Manage parental visitation; and2.
Ensure the child's safety;(d)
The relative or fictive kin caregiver's financial situation and need for additional resources to support the safety, permanency, and wellbeing of the child;(e)
The level of involvement and types of services that will be needed from the cabinet for the caregiver and the child to ensure the safety, permanency, and wellbeing of the child; and(f)
The level of support and types of services that will be needed if:1.
The caregiver assumes legal responsibility for the child; or2.
Reunification with the child's home of origin is not possible for the child.(3)
Permanency services for a child in the custody of the cabinet shall be in accordance with 922 KAR 1:140.Section 6.
Service Options.(1)
The array of monetary supports on behalf of a child placed with a relative or fictive kin caregiver shall include:(a)
The Relative or Fictive Kin Placement Support Benefit in accordance with Section 4 of this administrative regulation;(b)
CCAP in accordance with 922 KAR 2:160;(c)
Child support if application is made or intergovernmental process applies in accordance with 921 KAR 1:380;(d)
KTAP if an application is made in accordance with 921 KAR 2:006 and 921 KAR 2:016;(e)
The Kinship Care Program in accordance with 922 KAR 1:130;(f)
Health benefits for the child:1.
In accordance with 907 KAR 20:005; or2.
If application is made in accordance with 907 KAR 20:015, 907 KAR 4:020, or 907 KAR 4:030;(g)
Foster care per diem in accordance with:1.
a.
922 KAR 1:350; orb.
D.O. v. Glisson, 847 F.3d 374 (6th Cir. 2017), cert. denied, 17-17, 2017 WL 2869916 (U.S. Oct. 10, 2017); and2.
The terms and conditions specified in the individual agreement between the cabinet and the foster parent;(h)
Adoption assistance in accordance with 922 KAR 1:050 or 922 KAR 1:060;(i)
To the extent funds are available, post-permanency services, including:1.
Subsidized permanent custody in accordance with 42 U.S.C. 673 and 922 KAR 1:145; or2.
Post-adoption placement stabilization services in accordance with 922 KAR 1:530; or(j)
The Supplemental Nutrition Assistance Program if application is made and approved in accordance with 921 KAR 3:030.(2)
To the extent funds are available, the cabinet shall provide prevention and family services and programs in accordance with 42 U.S.C. 671(e) to a child who is a candidate for foster care, including:(a)
Mental health and substance abuse prevention and treatment services; or(b)
In-home parent skill-based programs.(3)
To the extent funds are available, the cabinet or its designee shall provide the following services for a relative or fictive kin caregiver:(a)
A hotline;(b)
Online portal;(c)
Crisis intervention;(d)
Support group;(e)
Advocacy;(f)
Caregiver training;(g)
Community education; and(h)
Referral to community resource or provider, such as:1.
Family Resource and Youth Service Centers established in accordance with KRS 156.496;2.
The Health Access Nurturing Development Services (HANDS) Program in accordance with 902 KAR 4:120;3.
The Special Supplemental Nutrition Program for Women, Infants, and Children or "WIC program" in accordance with 902 KAR Chapter 18;4.
Kentucky's Early Intervention Program, First Steps, in accordance with 902 KAR Chapter 30;5.
Mental health programming; or6.
Caregiver programming made available through the Department for Aging and Independent Living or its designee.(4)
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 7.
Complaint and Service Appeals.(1)
A relative or fictive kin caregiver may submit a service complaint or an appeal concerning a protection and permanency service in accordance with 922 KAR 1:320.(2)
An appeal concerning CCAP shall be made in accordance with 921 KAR 2:055, 922 KAR 2:020, or 922 KAR 2:260.(3)
An appeal regarding KTAP shall be made in accordance with 921 KAR 2:055.(4)
An appeal concerning the Supplemental Nutrition Assistance Program shall be made in accordance with 921 KAR 3:060 or 921 KAR 3:070.LESA DENNIS, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: April 9, 2024
FILED WITH LRC: April 10, 2024 at 2:10 p.m.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-7476; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin or Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the service array for a relative or fictive kin caregiver of a child in the state’s custody.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the service array for a relative or fictive kin caregiver required by KRS 620.142(1).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 620.142(5) requires the cabinet to promulgate administrative regulations developing custodial, permanency, and service options that shall be available to a relative or fictive kin caregiver. This administrative regulation conforms to the content of the authorizing statutes through its establishment of the service array for a relative or fictive kin caregiver.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes through its establishment of a service array for a relative or fictive kin caregiver.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment includes references to a new permanency option for children who have been removed from their home of origin, subsidized permanent custody. This is a new type of guardianship program being implemented by the cabinet through which a nonparental relative or fictive kin caregiver and foster parent of a child may receive permanent custody of a child and financial assistance in caring for the child. The amendment also includes that the relative or fictive kin placement support benefit be provided upon each placement of a child if requested and applicable, rather than only one time.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary for implementation of the cabinet’s new subsidized permanent custody permanency option and for consistency with other administrative regulations.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 620.142(5) requires the cabinet to promulgate administrative regulations developing custodial, permanency, and service options that shall be available to a relative or fictive kin caregiver. This amendment includes a new permanency option available to relative or fictive kin caregivers.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment reflects the provision of a new permanency option and establishes services and assistance available to relative or fictive kin caregivers.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
As of October 1, 2023, there were 437 children in the cabinet’s custody placed in a foster home with a relative or fictive kin caregiver. Once a child has been in a relative or fictive kin foster home for at least six months, they may be eligible for subsidized permanent custody.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
There are no new requirements. This amendment includes an additional new permanency option and additional benefits that may be available to caregivers.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no costs to regulated entities associated with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
There are no new requirements, but additional supports are available.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The cabinet projects a possible cost increase of $535,000 in providing the relative or fictive kin placement support benefit on a more frequent basis.
(b) On a continuing basis:
Approximately $535,000 per year.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The one million dollar per year General Fund appropriation specifically for the Relative Placement Support Benefit and additional General Fund dollars as needed. The portion of this funding provided to relative caregivers is used as Maintenance of Effort General Funds applied towards federal Temporary Assistance for Needing Families (TANF) funding.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no increase in fees or funding associated with this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fees, or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
This administrative regulation is applied in a like manner statewide, but relatives and fictive kin caring for more children receive a higher amount of financial assistance to support the care of the children.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
42 U.S.C. 601-619, 671, 673, 675
(2) State compliance standards.
KRS 194A.050(1), 605.130(7), 605.150(1), 620.142(5)
(3) Minimum or uniform standards contained in the federal mandate.
42 U.S.C. 601-619, 671, 673, 675
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation will not impose stricter requirements than those required by the federal mandate. It does vary in providing cash assistance to fictive kin caregivers pursuant to state law, KRS 620.142(1).
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
This administrative regulation will not impose stricter requirements than those required by federal mandates.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050(1), 605.130(7), 605.150(1), 620.142(5), 42 U.S.C. 601-619, 671, 673, 675.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Cabinet for Health and Family Services, Department for Community Based Services.
(a) Estimate the following for the first year:
Expenditures:
The cabinet estimates a cost of approximately $1,605,450 to provide the relative or fictive kin placement support benefit payment each year. The cabinet will provide per diems to relative or fictive kin caregivers that choose to become foster parents for the child(ren) in their care and the caregivers may be eligible to receive ongoing financial assistance in caring for the child if they apply and are eligible for specific programs and supports provided by the cabinet.
Revenues:
There is no revenue.
Cost Savings:
There is no cost savings to the cabinet.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
They are not expected to differ substantially.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Not applicable.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(4) Identify additional regulated entities not listed in questions (2) or (3):
This administrative regulation establishes supports and services for relative or fictive kin caregivers of children who have been removed from their homes.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
Caregivers may receive assistance or per diems from the cabinet.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
They are not expected to differ substantially.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The fiscal impact of this administrative regulation is to the cabinet for providing the services and supports established for caregivers. These supports are paid through a mix of state and federal funds.
(b) Methodology and resources used to determine the fiscal impact:
The cabinet is already paying for these supports and therefore is aware of the fiscal impact.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
No, this administrative regulation does not have an overall negative or adverse economic impact.
(b) The methodology and resources used to reach this conclusion:
The only financial impact is to the cabinet through payments to relative or fictive kin caregivers paid with state and federal funds. The services and supports contained in this administrative regulation provide financial and other assistance to relative or fictive kin caregivers caring for a child who has been removed from their home of origin.