HB1
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HB 1/FN (BR 24) - D. Meade , J. Jenkins, L. Bechler, L. Belcher, D. Bentley, R. Benvenuti III, J. Blanton, J. Carney, M. Castlen, J. Donohue, J. DuPlessis, C. Fugate, D. Graham, C. Harris, M. Hart, R. Heath, D. Horlander, K. Imes, K. King, D. Mayfield, C. McCoy, J. Miller, R. Mills, T. Moore, K. Moser, D. Osborne, J. Petrie, P. Pratt, M. Prunty, B. Reed, R. Rothenburger, S. Santoro, D. Schamore, J. Shell, J. Sims Jr, D. St. Onge, W. Thomas, J. Tipton, R. Webber, S. Wells, A. Wuchner
AN ACT relating to child welfare.
Create a new section of KRS Chapter 6 to establish the Child Welfare Oversight and Advisory Committee; amend KRS 194A.030 to remove the Office of the Ombudsman from within the Cabinet for Health and Family Services' Secretary’s Office and establish it as an independent office; amend KRS 199.461 to require additional reporting of statewide, regional, and county caseload average for state social service workers; amend KRS 199.470 to change the definition of relative caregiver for adoption purposes and align placement options with the Interstate Compact on the Placement of Children; amend KRS 199.641 to allow the cabinet to contract with child-caring facilities and child-placing agencies; amend KRS 199.800 to update definitions; amend KRS 199.801 to update and establish new processes for state-level and regional placement coordinators for children in the custody of the cabinet; create a new section of KRS 199.470 to 199.590 to require the cabinet to establish uniform home study processes; repeal and reenact KRS 200.575 to update and establish new processes for delivery of family preservation services; amend KRS 213.056 to change language required to be on a Kentucky birth certificate of a person adopted from outside the United States; amend KRS 213.141 to establish no birth certificate fees for a child who is in the custody of the cabinet; amend KRS 600.020 to expand the definition of “abused or neglected child”; amend KRS 605.120 to allow for a broader array of services, including monetary, for relative caregivers; amend KRS 610.040 to attempt to resolve conflicts regarding the service of process for courts; create a new section of KRS Chapter 620 to resolve delays due to simultaneous criminal proceedings during dependency, neglect, or abuse cases; create a new section of KRS Chapter 620 to allow the cabinet to charge a fee for background checks of child abuse and neglect records in certain circumstances; amend KRS 620.050 to establish new language related to Children’s Advocacy Centers in administrative hearings and access to the records and interviews; amend KRS 620.060 to clarify locations of dependency, neglect, or abuse cases for courts; amend KRS 620.070 to attempt to resolve conflicts regarding the service of process for courts; amend KRS 620.180 to lengthen the time before the first out-of-home case plan is due and require that by January 1, 2019, that CHFS shall establish and implement the processes, procedures, timelines, and requirements to ensure that children committed to the cabinet as dependent, neglected, or abused and placed in foster family homes are timely reunified with their biological family or identified for and placed in a new permanent home; amend KRS 620.270 to establish changes to the existing Citizen Foster Care Review Boards in the state to establish an interested party review to occur to allow a forum for citizens throughout the state to express their thoughts and opinions related to child welfare; amend KRS 620.090 related to notifications from the Citizen Foster Care Review Boards; amend KRS 620.310 to establish changes to the Citizen Foster Care Review Board related to the election of the chairpersons; amend KRS 625.090 related to the filing of a motion of termination of parental rights; amend KRS 625.110 related to the appeals of the termination of parental rights; create a new section of KRS Chapter 199 to establish a putative father registry in the Cabinet for Health and Family Services; prescribe the data the registry will contain and who may access the data; amend KRS 199.480 and 199.990 to conform; amend KRS 406.081 to require courts to resolve cases against alleged fathers who do not comply with ordered genetic testing; amend KRS 406.091 to require the party requesting that the paternity action be filed to pay for genetic testing; amend KRS 625.065 to the putative father registry; amend KRS 199.502 related to the putative father registry; create a new section of KRS 199.640 to199.670 to require performance-based contracting and require the secretary of the Cabinet for Health and Family Services to designate a study group to make recommendations regarding the creation and implementation of performance-based contracting for licensed child-caring facilities and child-placing agencies in the Commonwealth and to require a report; create a new section of KRS 620 to establish a notification be made to foster parents; require the secretary of the cabinet for Health and Family services to designate a study group to make recommendations regarding the feasibility and implementation of the privatization of all foster care services in the Commonwealth and require a report; amend KRS 199.473, 199.490, 625.040, 625.042, and 625.043 to conform; repeal KRS 199.565, 199.805, 200.580, 200.585, 200.590, 200.595, 200.600, and 200.605.
AMENDMENTS
HCS1 - Retain original provisions, except amend KRS chapters 194A.030 to establish new language related to investigative direction of the office of the ombudsman and to specify the content of reports to be submitted to the General Assembly; 199.461 related to district caseloads; 199.470 to add “fictive kin” as an optional placement to be considered by the cabinet; 199.800 to reestablish the existing definition of “home county” and establish a new definition for “home region”; 199.640 to 199.670 to add members to the study group including, members from the governor’s office of early childhood, one former foster child, a current foster parent, and one additional employee each from a licensed child-placing agency and a child-caring facility, establish clarifying language to require the cabinet applying the standards to its own programs, and to sunset the study group after the submission of its report; 200.575 to specify that the required annual evaluation by the cabinet of family preservation services be submitted to the Child Welfare Oversight and Advisory Committee; 600.020 to delete the previously added language to the definition of “abused or neglected child” and establish new language to amend the definition of “abused or neglected child” to specify that it relates to a child diagnosed with neonatal abstinence syndrome; 605.120 to specify that an establish report related to foster parent reimbursement rates now be delivered to the newly created Child Welfare Oversight and Advisory Committee and to reestablish language related to haircut decisions by foster parents and makes it clear that in making those decisions the cabinet can restrict it for religious, racial, ethnic, or national origin reasons; 620 to change the 7 day notice to a 10 day notice, which codifies the standard that the cabinet says it uses now and establish language to allow the notice to not be given if imminent danger exists for the child; 620.050 to establish new language to ensure that all files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the children's advocacy center are protected through the court process; 620.180 to change the 30 day requirement to a 10 calendar day requirement for the initial case conference for a child who was removed and establish new language that specifies the 15 cumulative month requirement on the cabinet to reunify or seek termination of parental rights shall be 15 cumulative months out of 48 months and establish clarifying language to specify what paperwork is due to the court after termination of rights; 620.270 to establish clarifying language related to allowing a forum for citizens throughout the state to express their thoughts and opinions related to child welfare; 625.090 to make a reference change related to new language clarifying 15 cumulative months out of 48 months as it applies to a child in the custody of the state and establish language to reference the new “abused or neglected child” definition in the bill as grounds for involuntary termination of parental rights; 625.110 to clarify the timeframe of the courts consideration of appeals of termination of parental rights; newly establish language in 199 related to the purpose of the putative father registry to establish a $25 fee to any person who requests a search of the registry; 199.480 to change the 20 day time limit after a child’s birth for a putative father to register with the registry is changed to 30 days after the child’s birth; 625.040 to establish that a petition for voluntary termination of parental rights be fully adjudicated and a final judgement entered by the court within six months of the filing of the petition; 625.042 to establish a 30 day related to voluntary termination of parental rights and the cabinet’s approval; 625.050 to establish that a petition for involuntary termination of parental rights be fully adjudicated and a final judgement entered by the court within six months of the filing of the petition; 199.500 to establish that a signed consent for adoption shall become final and irrevocable 20 days after it is signed; establish a new section of 620 to establish if the cabinet determines that return home is not recommended for a child, the parent or person exercising custodial control of the child may appeal the determination of the cabinet within thirty 30 days of the cabinet’s determination and require the review the appeal and make its final determination within three months after the appeal is filed; 620.146 to establish new language proposed by the cabinet related to how the cabinet contacts a school when a change of custody occurs for a child in a dependency, neglect, or abuse case and allow the communication to be electronic or facsimile; 620.360 to amend the foster parent bill of rights to make it an explicit right that a foster parent shall receive notice of and have a right to attend and have a right to be heard in, either verbally or in writing, any cabinet or court proceeding held with respect to a child and apply the foster parent bill of rights shall apply to all foster parents; a new section of 620 to establish a study by the cabinet related to privatization and make it mirror the performance based contracting study establish by the bill and specify the privatization study will have assigned members and a date of July 1, 2019; 21A is amended to require that a statutorily required report related to the opening of juvenile court proceedings will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 157.065 to require that a statutorily required report related to school breakfast programs will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 194A.146 to require that a report related to the statewide strategic planning committee for children in placement will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 194A.365 to require that a statutorily required report related to the numbers of children in the custody of the state will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 199.8943 to require that a statutorily required report related to the quality-based graduated early childhood rating system will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 199.8983 to require that a statutorily required report related to the annual report of the Kentucky Child Care Advisory Council will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 211.684 to require that a statutorily required report related to the annual report of the cabinet child fatality reporting system will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; 620.055 to require that a statutorily required report related to the annual report of the external child fatality and near fatality panel will now be delivered to the newly created Child Welfare Oversight and Advisory Committee; and 620.320 to require that a statutorily required report related to the annual report of the citizen foster care review boards will now be delivered to the newly created Child Welfare Oversight and Advisory Committee and establish the inclusion in the report findings of the local citizen foster care review board community forums.
HFA1( D. Meade ) - Require the report from the Cabinet for Health and Family Services, Office of the Ombudsman to also be sent to the Interim Joint Committee on Health and Welfare and Family Services; establish new language to specify that the requirement for the Cabinet for Health and Family Services to start performance based contracts applies to child-caring facilities and child-placing agencies that contract with the Department for Community Based Services; specify that the required 10 day notice when the Cabinet for Health and Family Services is moving a child who is in the cabinet's custody shall be given to foster parents and to child-caring facilities and child-placing agencies that have custody of a child; delete the change to the definition of "abused or neglected child" that related to the diagnosis of neonatal abstinence syndrome; and establish clarifying language related to the diagnosis of neonatal abstinence syndrome as grounds for involuntary termination of parental rights.
HFA2( J. Tipton ) - Amend KRS 405.020 to establish possible court appointed legal representation for a de facto custodian in child custody cases.
HFA3( D. Meade ) - Require the report from the Cabinet for Health and Family Services, Office of the Ombudsman to also be sent to the Interim Joint Committee on Health and Welfare and Family Services; establish new language to specify that the requirement for the Cabinet for Health and Family Services to start performance-based contracts applies to child-caring facilities and child-placing agencies that contract with the Department for Community Based Services; specify that the required 10 day notice when the Cabinet for Health and Family Services is moving a child who is in the cabinet's custody shall be given to foster parents and to child-caring facilities and child-placing agencies that have custody of a child; delete the change to the definition of "abused or neglected child" that related to the diagnosis of neonatal abstinence syndrome; establish clarifying language related to the diagnosis of neonatal abstinence syndrome as grounds for involuntary termination of parental rights; establish clarifying language related to when a putative father can be added as a party to an involuntary termination of parental rights case; make technical changes.
SCS1 - Retain original provisions, except create new language in a new section of KRS Chapter 620 to add clarifying language that foster parents and child-caring facilities and child-placing agencies will receive the 10 day notice of when a foster child is going to be moved to a new placement or reunified with the birth parents; amend KRS 620.050 to establish new language to make it clear that children’s advocacy centers may, in its sole discretion, provide testimony during an administrative hearing process in lieu of files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the center if the center determines that the release poses a threat to the safety or well-being of the child, or would be in the best interests of the child; amend KRS 620.090 to establish new language related to the fact that a child is diagnosed with neonatal abstinence syndrome at birth can be grounds for the courts to terminate parental rights, to clarify that grounds for termination of parental rights does not exist if a mother, before birth, was prescribed and properly using medication for a legitimate medical condition as directed by a health care practitioner that may have led to the neonatal abstinence syndrome, and to change the 60 day requirement after birth for a mother to be enrolled in enrolled in and maintaining substantial compliance with both a substance abuse treatment or recovery program and a regimen of prenatal care or postnatal care to 90 days; amend KRS 199.502 to establish language related to allowing a court to appoint attorneys for birth parents in adoption proceedings if the court finds the birth parents to be indigent; and amend KRS 17.185 related to fingerprint requirements by the Kentucky State Police.
SFA1( W. Westerfield ) - Provide that this Act may be know and cited as the Hadley-Cara Act.
SFA2( W. Westerfield ) - Retain original provisions except delete langauge amending KRS 405.020 to establish possible court appointed legal representation for a de facto custodian in child custody cases and estabish new langauge to amend KRS 620.100 to establish possible court appointed legal representation for a de facto custodian in child custody cases.
HFA1( D. Meade ) - Require the report from the Cabinet for Health and Family Services, Office of the Ombudsman to also be sent to the Interim Joint Committee on Health and Welfare and Family Services; establish new language to specify that the requirement for the Cabinet for Health and Family Services to start performance based contracts applies to child-caring facilities and child-placing agencies that contract with the Department for Community Based Services; specify that the required 10 day notice when the Cabinet for Health and Family Services is moving a child who is in the cabinet's custody shall be given to foster parents and to child-caring facilities and child-placing agencies that have custody of a child; delete the change to the definition of "abused or neglected child" that related to the diagnosis of neonatal abstinence syndrome; and establish clarifying language related to the diagnosis of neonatal abstinence syndrome as grounds for involuntary termination of parental rights.
HFA2( J. Tipton ) - Amend KRS 405.020 to establish possible court appointed legal representation for a de facto custodian in child custody cases.
HFA3( D. Meade ) - Require the report from the Cabinet for Health and Family Services, Office of the Ombudsman to also be sent to the Interim Joint Committee on Health and Welfare and Family Services; establish new language to specify that the requirement for the Cabinet for Health and Family Services to start performance-based contracts applies to child-caring facilities and child-placing agencies that contract with the Department for Community Based Services; specify that the required 10 day notice when the Cabinet for Health and Family Services is moving a child who is in the cabinet's custody shall be given to foster parents and to child-caring facilities and child-placing agencies that have custody of a child; delete the change to the definition of "abused or neglected child" that related to the diagnosis of neonatal abstinence syndrome; establish clarifying language related to the diagnosis of neonatal abstinence syndrome as grounds for involuntary termination of parental rights; establish clarifying language related to when a putative father can be added as a party to an involuntary termination of parental rights case; make technical changes.
SCS1 - Retain original provisions, except create new language in a new section of KRS Chapter 620 to add clarifying language that foster parents and child-caring facilities and child-placing agencies will receive the 10 day notice of when a foster child is going to be moved to a new placement or reunified with the birth parents; amend KRS 620.050 to establish new language to make it clear that children’s advocacy centers may, in its sole discretion, provide testimony during an administrative hearing process in lieu of files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the center if the center determines that the release poses a threat to the safety or well-being of the child, or would be in the best interests of the child; amend KRS 620.090 to establish new language related to the fact that a child is diagnosed with neonatal abstinence syndrome at birth can be grounds for the courts to terminate parental rights, to clarify that grounds for termination of parental rights does not exist if a mother, before birth, was prescribed and properly using medication for a legitimate medical condition as directed by a health care practitioner that may have led to the neonatal abstinence syndrome, and to change the 60 day requirement after birth for a mother to be enrolled in enrolled in and maintaining substantial compliance with both a substance abuse treatment or recovery program and a regimen of prenatal care or postnatal care to 90 days; amend KRS 199.502 to establish language related to allowing a court to appoint attorneys for birth parents in adoption proceedings if the court finds the birth parents to be indigent; and amend KRS 17.185 related to fingerprint requirements by the Kentucky State Police.
SFA1( W. Westerfield ) - Provide that this Act may be know and cited as the Hadley-Cara Act.
SFA2( W. Westerfield ) - Retain original provisions except delete langauge amending KRS 405.020 to establish possible court appointed legal representation for a de facto custodian in child custody cases and estabish new langauge to amend KRS 620.100 to establish possible court appointed legal representation for a de facto custodian in child custody cases.
Jan 30, 2018 - introduced in House
Feb 01, 2018 - to Health and Family Services (H)
Feb 16, 2018 - posted in committee
Feb 22, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)
Feb 23, 2018 - 2nd reading, to Rules
Feb 26, 2018 - floor amendments (1) and (2) filed to Committee Substitute
Feb 27, 2018 - posted for passage in the Regular Orders of the Day for Wednesday, February 28, 2018; floor amendment (3) Committee Substitute (1) filed
Feb 28, 2018 - 3rd reading, passed 94-1 with Committee Substitute, floor amendments (2) and (3)
Mar 01, 2018 - received in Senate
Mar 05, 2018 - to Health & Welfare (S)
Mar 19, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1); floor amendment (1) filed to Committee Substitute
Mar 20, 2018 - 2nd reading, to Rules
Mar 21, 2018 - floor amendment (2) filed to Committee Substitute
Mar 29, 2018 - posted for passage in the Regular Orders of the Day for Monday, April 2, 2018
Apr 02, 2018 - 3rd reading; floor amendment (1) withdrawn; passed 38-0 with Committee Substitute and floor amendment (2); received in House; to Rules (H); taken from Rules; posted for passage for concurrence in Senate Committee Substitute and floor amendment (2); House concurred in Senate Committee Substitute and floor amendment (2); Bill passed 90-1; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor
Apr 13, 2018 - signed by Governor (Acts, ch. 159)