OMB Approval No. 0980-0141

Attachment B

OMB Approval No. 0980-0141 AGENCY PLAN FOR TITLE IV-E OF THE SOCIAL SECURITY ACT FOSTER CARE AND ADOPTION ASSISTANCE STATE/TRIBE OF KENTUCKY U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES CHILDREN'S BUREAU July 2010

Contents SECTION 1. ORGANIZATION...... 3

SECTION 2. FOSTER CARE MAINTENANCE PAYMENTS...... 7

SECTION 3. ADOPTION ASSISTANCE PAYMENTS...... 86

SECTION 4. GENERAL PROGRAM REQUIREMENTS...... 120

SECTION 5. GENERAL PROVISIONS...... 147

SECTION 6. GUARDIANSHIP ASSISTANCE PROGRAM OPTION...... 155

SECTION 7. TRIBE OPERATED IV-E PROGRAM REQUIREMENTS...... 161

SECTION 1. ORGANIZATION A. DESIGNATION AND AUTHORITY OF STATE/TRIBAL AGENCY B. STATE/TRIBAL AGENCY STRUCTURE AND FUNCTION C. STATE OR SERVICE AREA WIDE OPERATIONS D. COORDINATION WITH TITLES IV-A AND IV-B PROGRAMS E. CHILD SUPPORT ENFORCEMENT FOR CERTAIN CHILDREN IN FOSTER CARE F. TRANSFER OF A CHILD TO A TRIBAL AGENCY

SECTION 2. FOSTER CARE MAINTENANCE PAYMENTS A. ELIGIBILITY B. VOLUNTARY PLACEMENTS (OPTION) C. PAYMENTS D. CASE REVIEW SYSTEM E. MEDICAL AND SOCIAL SERVICES F. SPECIFIC GOALS IN STATE/TRIBAL LAW G. PREVENTIVE AND REUNIFICATION SERVICES H. TERMINATION OF PARENTAL RIGHTS I. DATE CHILD CONSIDERED TO HAVE ENTERED FOSTER CARE J. DOCUMENTATION OF JUDICIAL DETERMINATION K. TRIAL HOME VISITS L. TRAINING M. DEFINITION OF CHILD

SECTION 3. ADOPTION ASSISTANCE PAYMENTS A. ELIGIBILITY B. PAYMENTS - AMOUNTS AND CONDITIONS C. ADOPTION ASSISTANCE AGREEMENT D. MEDICAID AND SOCIAL SERVICES E. ELIGIBILITY FOR ADOPTION INCENTIVE FUNDING F. ADOPTION TAX CREDIT G. DEFINITION OF CHILD

SECTION 4. GENERAL PROGRAM REQUIREMENTS A. STANDARDS FOR FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS B. REVIEW OF PAYMENTS AND LICENSING STANDARDS C. FAIR HEARINGS D. INDEPENDENT AUDIT E. CHILD ABUSE AND NEGLECT F. TIMELY INTERSTATE PLACEMENT OF CHILDREN G. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION H. KINSHIP CARE I. SIBLING PLACEMENT J. SAFETY REQUIREMENTS K. INTERJURISDICTIONAL ADOPTIONS

KRS = Kentucky Revised Statute; KAR = Kentucky Administrative Regulation 2

Revised October 22, 2014 L. QUALITY STANDARDS M. COMPULSORY SCHOOL ATTENDANCE N. VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS

SECTION 5. GENERAL PROVISIONS A. PERSONNEL ADMINISTRATION B. SAFEGUARDING INFORMATION C. REPORTING D. MONITORING E. APPLICABILITY OF DEPARTMENT-WIDE REGULATIONS F. AVAILABILITY OF PLANS G. OPPORTUNITY FOR PUBLIC INSPECTION OF CFSR MATERIALS H. NEGOTIATION WITH INDIAN TRIBES

SECTION 6. GUARDIANSHIP ASSISTANCE PROGRAM OPTION A. ELIGIBILITY B. PAYMENTS C. AGREEMENTS D. SAFETY E. MEDICAID AND SOCIAL SERVICES F. TITLE IV-E GUARDIANSHIP ASSISTANCE PROGRAM PLAN REQUIREMENTS G. DEFINITION OF CHILD

SECTION 7. TRIBE OPERATED IV-E PROGRAM REQUIREMENTS A. GENERAL PROGRAM REQUIREMENTS B. SERVICE AREA AND POPULATIONS C. NUNC PRO TUNC AND FOSTER CARE ELIGIBILITY REQUIREMENTS D. LICENSING STANDARDS FOR TRIBAL FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS E. IN-KIND EXPENDITURES FROM THIRD-PARTY SOURCES

ATTACHMENT I: CERTIFICATION ATTACHMENT II: GOVERNOR/TRIBAL LEADER'S CERTIFICATION ATTACHMENT III: STATE ASSURANCES ATTACHMENT IV: 479B TRIBAL ASSURANCES ATTACHMENT V: 479B TRIBAL CERTIFICATIONS ATTACHEMENT VI: 475(8) STATE/TRIBAL CERTIFICATION ATTACHMENT VII: STATE/TRIABL CERTIFICATION: PERSONNEL ADMINISTRATION

Revised October 22, 2014 PLAN FOR TITLE IV-E OF THE SOCIAL SECURITY ACT FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE STATE/TRIBE OF KENTUCKY As a condition of the receipt of Federal funds under title IV-E of the Social Security Act (hereinafter, the Act), the

Cabinet for Health and Family Services (Name of State/Tribal Agency)

submits here a plan for the programs to provide, in appropriate cases, foster care and adoption assistance, and if the State/Tribal agency elects, guardianship assistance, under title IV-E of the Act and hereby agrees to administer the programs in accordance with the provisions of this plan, title IV-E of the Act, and all applicable Federal regulations and other official issuances of the Department.

The official text of laws, regulations and official issuances governs, and the State/Tribal agency acknowledges its responsibility to adhere to them regardless of the fact that, for purposes of simplicity, the specific provisions printed herein are sometimes paraphrases of, or excerpts and incomplete quotations from, the full text. Statutory citations refer to provisions in title IV-E of the Social Security Act. Regulatory citations refer to provisions in 45 CFR Parts 1355 and 1356.

The State/Tribal agency understands that if and when title IV-E is amended or regulations are revised, a new or amended plan for title IV-E that conforms to the revisions must be submitted.

SECTION 1. ORGANIZATION Federal Regulatory/ Requirement State Regulatory, Statutory, and Policy References and Citations for Each Statutory References1 SECTION 1. ORGANIZATION

1 Statutory references refer to the Social Security Act. Regulatory references refer to Title 45 of the Code of Federal Regulations (CFR). KRS = Kentucky Revised Statute; KAR = Kentucky Administrative Regulation 4

Revised October 22, 2014 A. DESIGNATION AND AUTHORITY OF STATE/ TRIBAL AGENCY 471(a)(2) A. DESIGNATION AND AUTHORITY OF KRS 605.130 General duties of cabinet STATE/ TRIBAL AGENCY Sections (1) and (4)…[T]he cabinet, through its authorized representatives, shall have general supervision and management of all matters contained in KRS 620.150 and The State/Tribal agency has been 620.170 and shall, wherever possible: designated to administer or supervise (1) Locate and plan for all children who are dependent, neglected, or abused; … and the administration of the programs (4) Perform such other services as may be deemed necessary for the protection of under this plan. (See Attachment I.) It children. is also the agency that administers or supervises the administration of the KRS 194A.050 Execution of policies, plans and programs -Administrative regulations - State/Tribal Child Welfare Services Plan fees: under subpart 1 of title IV-B of the Act. Section (1) The secretary [of the Cabinet for Health and Family Services] shall promulgate, administer, and enforce those 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.

B. STATE/TRIBAL AGENCY STRUCTURE AND FUNCTION B. STATE/TRIBAL AGENCY STRUCTURE The state agency has an organizational chart and description of functions. AND FUNCTION Organizational chart is attached (attachment 1). The State/Tribal agency has available upon request an organizational chart of the agency and a description of the functions of each of its organizational units as they relate to the administration or supervising the administration of the title IV-E foster care maintenance, adoption assistance, and (at IV-E agency option) guardianship assistance program.

C. STATE OR TRIBAL SERVICE AREA WIDE OPERATIONS 471(a)(3) C. STATE OR TRIBAL SERVICE AREA KRS 605.120 Payments to home where children are placed WIDE OPERATIONS Section (1): The cabinet is authorized to expend available funds to provide for the board, lodging, and care of children who would otherwise be placed in foster care or The title IV-E plan for foster care, who are placed by the cabinet in a foster home or boarding home, or may arrange for adoption assistance, and guardianship payments or contributions by any local governmental unit, or public or private agency assistance if elected by the State/ Tribe, or organization, willing to make payments or contributions for such purpose. The is in effect in all political subdivisions cabinet may accept any gift, devise, or bequest made to it for its purposes. and service areas.

Revised October 22, 2014 (Tribes, see also section 7) KRS 605.130 General duties of cabinet Section (2): The cabinet shall 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. The cabinet shall consider providing additional reimbursement for foster parents who obtain additional training, and foster parents who have served for an extended period of time.

Protection & Permanency Operating Manual Chapter 31.2 Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits: Title IV-E Eligibility and Reimbursability: Title IV-E provides for federal payments to the states for foster care maintenance and adoption assistance payments made on behalf of eligible children…The Department for Community Based Services is responsible for: Determining eligibility; Determining reimbursability; Maintaining compliance with Medicaid regulations pursuant to KRS 205 §§ 510-630; Monitoring the case to ensure that IV-E foster care maintenance payments are being made correctly on the child’s behalf.

D. COORDINATION WITH TITLES IV-A AND IV-B PROGRAMS 471(a)(4) D. COORDINATION WITH TITLES IV-A There is no need for coordination of Title XX (SSBG) funds in that the Cabinet does AND IV-B PROGRAMS not use Title XX funds as they are referenced on the IV-E Pre-Print and in 471(a)(4) of the Social Security Act. (Addendum added 5.21.2012) The title IV-E program is coordinated at the local level with the programs at the State/Tribal or local level assisted under titles IV-A, IV-B and XX of the Act and under all appropriate provisions of Federal law.

E. CHILD SUPPORT ENFORCEMENT FOR CERTAIN CHILDREN IN FOSTER CARE 471(a)(17) E. CHILD SUPPORT ENFORCEMENT FOR KRS 610.170 Court ordered child support... [T]he parent or other person exercising CERTAIN CHILDREN IN FOSTER CARE custodial control or supervision of any child, or the estate of any child, who has been … placed in a foster home or boarding home, or in the care of a public or private The State/Tribal agency takes all facility or agency, or the Department of Juvenile Justice or the cabinet, is able to appropriate steps, including cooperative contribute to the support of the child, the court shall enter an order requiring the efforts with the State or Tribal agencies parent or estate to pay a reasonable sum for the support, maintenance, or education administering the plans approved under of the child. titles IV-A and -D, to secure an assignment to the State or Tribe of any 921 KAR 1:420 Child support distribution rights to support on behalf of each child Section 3: A child support payment collected on behalf of a foster care recipient shall receiving foster care maintenance be: (1) Payable to the Division of Child Support; and Distributed and disbursed to the payments under title IV-E. foster care agency.

Revised October 22, 2014 Kentucky Child Support Handbook

Protection and Permanency Operating Manual: Chapter and section 31.9 Child Support and Title IV-E: Parents are responsible for the financial and medical support of their children even when the child is found eligible for title IV-E…The [children’s benefits worker] CBW: 1) Submits the DSS- 1260 Title IV-E and Child Support Referral form, as completed by the SSW, to the county contracting official for child support in the county where the child was removed; 2) Submits the completed DSS-1263 Title IV-E and Child Support Change of Status form, as completed by the SSW, to the county contracting official for child support in the county where the child was removed.

F. TRANSFER OF A CHILD TO A TRIBAL AGENCY 1356.67 F. TRANSFER OF A CHILD TO A TRIBAL Protection and Permanency Operating Manual: AGENCY 4.1 Consideration of Race and Ethnicity/Maintaining Cultural Connections; 4.2 Indian Child Welfare Act; The State agency has established and maintains procedures for the transfer of responsibility for the placement and care of a child under a State title IV-E plan to a Tribal title IV-E agency or an Indian Tribe with a title IV-E agreement. At a minimum, the State agency transfer procedures:

1. Are established and maintained in consultation with Indian Tribes;

2. Do not affect a child’s eligibility, receipt of services, or payment under title IV-E or the medical assistance program operated under title XIX;

3. Establish eligibility for title IV-E at the time of transfer, if an eligibility determination is not already completed; and

4. Provide for essential documents and information necessary to continue a

Revised October 22, 2014 child’s eligibility under title IV-E and Medicaid programs under title XIX to the Tribal title IV-E agency or an Indian Tribe with a title IV-E agreement, including but not limited to the following: a) All judicial determinations to the effect that continuation in the home from which the child was removed would be contrary to the welfare of the child and that reasonable efforts described in section 471(a)(15) of the Act have been made; b) Other documentation the State agency has that relates to the child’s title IV–E eligibility under sections 472 and 473 of the Act; c) Information and documentation available to the agency regarding the child’s eligibility or potential eligibility for other Federal benefits; d) The case plan developed pursuant to section 475(1) of the Act, including health and education records of the child pursuant to section 475(1)(C) of the Act; and e) Information and documentation of the child’s placement settings, including a copy of the most recent provider’s license or approval.

(Not applicable to Tribes)

SECTION 2. FOSTER CARE MAINTENANCE PAYMENTS Federal Regulatory/ State Regulatory, Statutory, and Policy References and Requirement Statutory Citations for Each References

Revised October 22, 2014 SECTION 2. FOSTER CARE MAINTENANCE PAYMENTS

A. ELIGIBILITY 471 (a)(1) A. ELIGIBILITY KRS 605.120 Payments to home where children are placed: (Tribes, also see section 7 of this pre-print) The cabinet is authorized to expend available funds to provide for the board, lodging, and care of children … who are placed by the 1. Payments are provided for each child: cabinet in a foster home or boarding home…

Protection and Permanency Operating Manual: 31.1 Title IV-E Determination: Title IV-E provides for federal payments to the states for foster care maintenance and adoption assistance payments made on behalf of certain eligible children.

472 (a)(1)&(2) a. who meets the requirements of section 406(a) of KRS 620.170 Voluntary commitments: As a condition of any the Act (as in effect 7/16/96) is removed from voluntary commitment, the cabinet may enter into an agreement the home of a relative specified in section 406(a), with the parent, guardian, or other person having legal custody of and is placed in foster care if: the child consenting to the commitment to pay an agreed sum for the care and treatment of the child. i. the removal and foster care placement met and continues to meet the requirements of KRS 620.140 Dispositional alternatives paragraph (2) in section 472(a) of the Act; Section (1): In determining the disposition of all cases brought on and [The removal and foster care placement behalf of dependent, neglected, or abused children, the juvenile meet the requirements if…the removal and session of the District Court, in the best interest of the child, shall placement are in accordance with: (i) a have, but shall not be limited to, the following dispositional voluntary placement agreement into by a alternatives: … (c) Removal of the child to the custody of an adult parent or legal guardian of the child who is relative, other person, or child-caring facility or child-placing agency, the relative referred to in (1) {a specified taking into consideration the wishes of the parent or other person relative—406 (a)}; or (ii) a judicial exercising custodial control or supervision. Before any child is determination that continuation in the home committed to the cabinet or placed out of his home under the from which removed would be contrary to the supervision of the cabinet, the court shall determine that reasonable welfare of the child and that reasonable efforts have been made by the court or the cabinet to prevent or efforts of the type described in section 471 (a) eliminate the need for removal and that continuation in the home (15) for a child have been made. would be contrary to the welfare of the child.

ii. the child, while in the home, would have met Protection & Permanency Operating Manual: the Aid to Families with Dependent Children Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability: (AFDC) program eligibility requirement of AFDC RELATEDNESS TEST paragraph (3) in section 472(a) of the Act To be eligible for title IV-E (per Section 472 (a)), a child is required to have been removed from the home of a specified relative and to have met technical and financial AFDC eligibility that was in effect on July 16, 1996. For the purposes of IV-E eligibility, a specified

Revised October 22, 2014 relative as defined by Title IV-E, Section 406 (a) of the Social Security Act as:  A child’s natural or adoptive parent;  A blood relative of the child including a relative of the half- blood;  Legally adopted or natural children of the adoptive parent and other relatives of such parents;  The alleged parent or a relative of the alleged parent may be determined a blood relative through the administrative establishment of paternity; or  A relative by marriage of any persons listed in bullet points 2-4 above even if the marriage has ended. This is true as long as the marriage ended after the child’s birth.

The eligibility month is the month during which the child meets the IV-E AFDC-relatedness test. That is:  The month during which a voluntary commitment agreement was signed by the parent(s); or  The month during which the petition that led to the child’s removal from the home was signed by an agency official.

During the month in which a voluntary commitment agreement or juvenile petition granted custody/commitment of the child to the agency…A child meets AFDC relatedness when:  The child was eligible for AFDC, as in effect on July 16, 1996, in the removal home in which the child lived during the removal month; or  The child did not live with a specified relative in the removal month, but did live with such a relative in any of the preceding six (6) months, and the child would have been eligible for AFDC as in effect on July 16, 1996, in that relative’s home during that month had an application been made.  The child did not live with a specified relative in the removal month, but did live with such a relative in any of the preceding six (6) months, and the child would have been eligible for AFDC as in effect on July 16, 1996, in that relative’s home during that month had an application been made.

472 (a)(2)(A) b. whose removal and foster care placement are in KRS 620.170 Voluntary commitments: accordance with: The cabinet may enter into an agreement with the parent, guardian, 1356.21 (c) or other person having legal custody of the child consenting to the i. a voluntary placement agreement entered into commitment to pay an agreed sum for the care and treatment of the by the child’s parent or legal guardian, who is child.

Revised October 22, 2014 the relative referred to in paragraph (1) of KRS 620.140 Dispositional alternatives : section 472(a) of the Act; or Section (1): In determining the disposition of all cases brought on behalf of dependent, neglected, or abused children, the juvenile session of the District Court, in the best interest of the child, shall ii. a judicial determination to the effect that have, but shall not be limited to, the following dispositional continuation of residence in the home from alternatives: … (c) Removal of the child to the custody of an adult which removed would be contrary to the relative, other person, or child-caring facility or child-placing agency, welfare, or that the placement would be in the taking into consideration the wishes of the parent or other person best interest, of the child and that reasonable exercising custodial control or supervision. Before any child is efforts of the type described in section 471(a) committed to the cabinet or placed out of his home under the (15) for a child were made. The contrary to supervision of the cabinet, the court shall determine that reasonable the welfare determination will be made in the efforts have been made by the court or the cabinet to prevent or first court ruling that sanctions (even eliminate the need for removal and that continuation in the home temporarily) the removal of a child from would be contrary to the welfare of the child;” home. If the determination regarding contrary to the welfare is not made in the first court Protection & Permanency Operating Manual: ruling pertaining to removal from the home, Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability: the child will not be eligible for title IV-E foster AFDC RELATEDNESS TEST care maintenance payments for the duration To be eligible for title IV-E, a child is required to have met technical of that stay in foster care; and financial AFDC eligibility that was in effect on July 16, 1996. The eligibility month is the month during which the child meets the IV-E AFDC-relatedness test. That is:  The month during which a voluntary commitment agreement was signed by the parent(s); or  The month during which the petition that led to the child’s removal from the home was signed by an agency official.

472 (a)(2)(B)& c. whose placement and care in a foster family home KRS 605.130 General duties of cabinet: (C) or child care institution (as defined in section 472(c) In addition to the other duties, functions, and responsibilities of the Act) is the responsibility of either: imposed by law, the cabinet, through its authorized representatives, 472 (a)(2)(B)(i) shall have general supervision and management of all matters 472 (a)(2)(B)(ii) i. the State agency administering the approved contained in KRS 620.150 and 620.170 and shall, wherever possible: title IV-E plan; (1) Locate and plan for all children who are dependent, neglected, or abused; and ii. any other public agency with whom the (4) Perform such other services as may be deemed necessary for the State/Tribal agency administering or protection of children. supervising the administration of the approved title IV-E plan has made an KRS 199.645 Administrative regulations for facilities and agencies agreement which is still in effect; or caring for children before adjudication under KRS Chapter 630: The Cabinet for Health and Family Services shall issue and enforce administrative regulations specifically addressing the unique iii. a Tribe that has a plan approved under situation of child-caring facilities and child-placing agencies which section 471 in accordance with 479B; and provide non-secure care for children during the pre-adjudication

Revised October 22, 2014 phase of proceedings under KRS Chapter 630. These facilities and agencies shall include those operated privately and those operated by units of local government.

Memorandum of Understanding Between Justice and Public Safety Cabinet, Department of Juvenile Justice and Cabinet for Health and Family Services

472 (a)(3)(A)(i) d. who: Protection & Permanency Operating Manual: Chapter 31 Section 2: Title IV-E Eligibility and Reimbursability: i. Either: AFDC RELATEDNESS TEST 472 (a)(3)(A)(ii) (I) A. received AFDC, in the home referred to in A. section 472(a)(1), under the State plan During the month in which a voluntary commitment agreement or approved under section 402 of the Act (as in juvenile petition granted custody/commitment of the child to the 472 (a)(3)(A)(ii) effect 7/16/96) in or for the month in which agency…A child meets AFDC relatedness when one of the following (II) either a voluntary placement agreement was two tests is met: entered into or court proceedings leading to the The child was eligible for AFDC, as in effect on July 16, 1996, in the judicial determination, referred to in section removal home in which the child lived during the removal month; or 472 (a)(3)(B) 472(a)(2)(A) of the Act, were initiated;

B. B. would have received AFDC, in the home, in The child did not live with a specified relative in the removal month, or for such month referred to in the above but did live with such a relative in any of the preceding six (6) clause if application for such aid had been months, and the child would have been eligible for AFDC as in effect made; or on July 16, 1996, in that relative’s home during that month had an application been made.

C. C. had been living with a relative specified in The child did not live with a specified relative in the removal month, section 406(a) of the Act (as in effect 7/16/96) but did live with such a relative in any of the preceding six (6) within six months prior to the month in which a months, and the child would have been eligible for AFDC as in effect voluntary placement agreement was entered on July 16, 1996, in that relative’s home during that month had an into or court proceedings leading to the judicial application been made. determination, referred to in section 472(a)(2) (A) of the Act, were initiated, and would have received AFDC in or for such month if the child had been living in the home with such relative and an application had been made for AFDC under title IV-A of the Act; and ii. ii. had resources (determined under section 402(a) The child is required to have a financial "need" in AFDC terms to

Revised October 22, 2014 (7)(B) of the Act as in effect 7/16/96) that had a maintain reimbursability. "Need" has two elements: When a child’s combined value of not more than $10,000 resources exceed $10,000 in any month, the child is not consistent with section 472(a)(3)(B) of the ACT. reimbursable, until the balance is spent down below $10,000. The income available to the child is required to be less than the costs of the monthly maintenance in foster care. In any month where the (Tribes, see section 7 for related requirements in child’s income after deductions exceeds this amount, the child is not section 479B(c)(1)(C)(ii)(II).) reimbursable. In a "Need" determination for continuing reimbursability, it is only the child’s income and resources that are considered. In the test of "Need" in a reimbursability determination, the income and resources of the child’s parents are not considered unless the parents are contributing funds to the Cabinet for the care of the child. When the parents are contributing toward the care of the child (child support), the contribution is considered unearned income of the child to be counted in the determination. Survivor’s benefits and other resources may accumulate in the child’s trust fund. 1356.21 (k) 2. Removal. KRS 620.170 Voluntary commitments: (1) The cabinet may accept custody of a child who is voluntarily a. For the purposes of meeting the requirements of committed to the cabinet by the child's parent, guardian, or other section 472(a)(2)(A)(1) of the Act, a removal from person having legal custody. the home must occur pursuant to: (2) As a condition of any voluntary commitment, the cabinet may enter into an agreement with the parent, guardian, or other person i. a voluntary placement agreement entered into having legal custody of the child consenting to the commitment to by a parent or relative which leads to a pay an agreed sum for the care and treatment of the child. physical or constructive removal (i.e., a non- physical or paper removal of custody) of the KRS 620.090 Temporary custody orders: child from the home; or Section (1): If, after completion of the temporary removal hearing, the court finds there are reasonable grounds to believe the child is dependent, neglected or abused, the court shall issue an order for ii. a judicial order for a physical or constructive temporary removal and shall grant temporary custody to the cabinet removal of the child from a parent or specified or other appropriate person or agency. relative. Protection & Permanency Operating Manual: Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability: Title IV-E provides for federal payments to the states for foster care maintenance and adoption assistance payments made on behalf of eligible children…The SSW [social service worker]: 1) Notifies the CBW [children’s benefits worker] on the day that the agency assumes legal responsibility for the supervision and care of a child…

1356.21 (k) b. A removal has not occurred in situations where Protection & Permanency Operating Manual: legal custody is removed from the parent or relative Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability: and the child remains with the same relative in that Title IV-E provides for federal payments to the states for foster care

Revised October 22, 2014 home under supervision by the State/Tribal agency. maintenance and adoption assistance payments made on behalf of eligible children…The [social service worker] SSW: 4) Ensures that…the judicial determination for IV-E eligibility requires that the results in the child's removal coincide with (i.e. occur at the same time as) the Cabinet's action to physically or constructively remove the child, unless the court order specifies an alternative timeframe for removal. If a court makes a judicial determination that it is contrary to the child's welfare to remain at home (without specifying an alternative timeframe) and the child does, in fact, remain at home and no removal occurs, the requirement for removal is not met and the child is ineligible for title IV-E.

1356.21 (k) c. A child is considered constructively removed on the Protection & Permanency Operating Manual: date of the first judicial order removing custody, even Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability states temporarily, from the appropriate specified relative or that: “To be eligible for title IV-E, a child is required to have met the date that the voluntary placement agreement is technical and financial AFDC eligibility that was in effect on July 16, signed by all relevant parties. 1996. The eligibility month is the month during which the child meets the IV-E AFDC-relatedness test. That is:  The month during which a voluntary commitment agreement was signed by the parent(s); or  The month during which the petition that led to the child’s removal from the home was signed by an agency official. o The date that the child entered care does not necessarily define the time for which the child meets the AFDC relatedness test. Rather, it is the petition that directly led to the custody or supervision that defines the petition date for purposes of determining whether the child meets the AFDC relatedness test. A temporary custody petition may lead to temporary placement, which is then followed by a petition for continued placement. Assuming the child remained in a placement supervised by the department during the time between the temporary custody placement and the date of the court order granting continued placement, it is the temporary custody petition that determines the eligibility month. 1356.21 (l) 3. Living with a specified relative. For purposes of Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and meeting the requirements for living with a specified Other Applicable Benefits; Section: 31.2 Title IV-E Eligibility: relative prior to removal from the home under section For the purposes of IV-E eligibility, a specified relative as defined in 472(a)(2)(A) of the Act and all of the conditions under is defined as: section 472(a)(3)(A), one of the two following  A child’s natural or adoptive parent; situations will apply:  A blood relative of the child including a relative of the half- blood;  Legally adopted or natural children of the adoptive parent and

Revised October 22, 2014 other relatives of such parents;  The alleged parent or a relative of the alleged parent may be determined a blood relative through the administrative establishment of paternity; or  A relative by marriage of any persons listed in bullet points 2-4 above even if the marriage has ended. This is true as long as the marriage ended after the child’s birth.

1356.21 (l) a. the child was living with the parent or specified Protection & Permanency Operating Manual: relative, and was AFDC eligible in that home in the Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability: month of the voluntary placement agreement or The child meets AFDC relatedness when one of the following two initiation of court proceedings; or tests is met…  The child was eligible for AFDC, as in effect on July 16, 1996, in the removal home in which the child lived during the removal month 1356.21 (l) b. the child had been living with the parent or Protection & Permanency Operating Manual: specified relative within six months of the month of Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability : the voluntary placement agreement or the initiation of The child meets AFDC relatedness when one of the following two court proceedings, and the child would have been tests is met… AFDC eligible in that month if s/he had still been living  The child did not live with a specified relative in the removal in that home. month, but did live with such a relative in any of the preceding six (6) months, and the child would have been eligible for AFDC as in effect on July 16, 1996, in that relative’s home during that month had an application been made.

B. VOLUNTARY PLACEMENTS 472 (f) B. VOLUNTARY PLACEMENTS KRS 620.170 Voluntary commitments (1) The cabinet may accept custody of a child who is voluntarily (To be completed if the agency uses VPAs with committed to the cabinet by the child's parent, guardian, or other parents or youth over age 18) person having legal custody. (2) As a condition of any voluntary commitment, the cabinet may 1. Foster care maintenance payments are made in the enter into an agreement with the parent, guardian, or other person voluntary placement of a minor child out of the home having legal custody of the child consenting to the commitment to by or with the participation of the State/Tribal agency pay an agreed sum for the care and treatment of the child. only if:

1356.22 (a) and a. the State/Tribe has fulfilled all of the requirements KRS 620.170 Voluntary commitments 472 (d) of section 472 of the Act; sections 422(b)(8) and (1) The cabinet may accept custody of a child who is voluntarily 475(5) of the Act; and 45 CFR 1356.21(e),(f),(g),(h) committed to the cabinet by the child's parent, guardian, or other 1356.22 and (i) of the Act; and person having legal custody. Implementation (2) As a condition of any voluntary commitment, the cabinet may

Revised October 22, 2014 requirements for enter into an agreement with the parent, guardian, or other person children having legal custody of the child consenting to the commitment to voluntarily placed pay an agreed sum for the care and treatment of the child. in foster care. (a) As a condition of [Section 472 (a-i) Foster care payments [made for [Section 472 receipt of Federal children voluntarily placed] should conform to the Protection & Permanency Operating Manual: financial following standards: Chapter31 Section 2 Title IV-E Eligibility and Reimbursability (entire participation (FFP) section) in foster care maintenance i. The removal home is the home of a specified i. payments for a relative under 406 (a) Protection & Permanency Operating Manual: dependent child Chapter31 Section 2 Title IV-E Eligibility and Reimbursability: removed from his For the purposes of IV-E eligibility, a specified relative as defined in home under a is defined as: voluntary A child’s natural or adoptive parent; placement A blood relative of the child including a relative of the half-blood; agreement, the Legally adopted or natural children of the adoptive parent and other State must meet relatives of such parents; the requirements The alleged parent or a relative of the alleged parent may be of: determined a blood relative through the administrative establishment of paternity; or (1) Section 472 of A relative by marriage of any persons listed in bullet points 2-4 the Act, as above even if the marriage has ended. This is true as long as the amended; marriage ended after the child’s birth.

(2) Sections 422 (b)(10) and 475 ii. The child, while in the removal home, would have ii. (5) of the Act; met AFDC eligibility requirements and eligibility Protection & Permanency Operating Manual: is: 1)calculated using standards in effect on Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability : (3) 45 CFR 7/16/1996; 2)based on the whether or not the child The child meets AFDC relatedness when one of the following two 1356.21 (e), (f), would have been eligible in or for the month in which tests is met…The child was eligible for AFDC, as in effect on July 16, (g), (h), and (i); the voluntary agreement was entered into or had 1996, in the removal home in which the child lived during the and been living in the home within 6 months before the removal month, or the child did not live with a specified relative in month in which the agreement was entered into and the removal month, but did live with such a relative in any of the (4) The would have received aid in for such month 3)based preceding six (6) months, and the child would have been eligible for requirements of on a resources determination by the state; 4) AFDC as in effect on July 16, 1996, in that relative’s home during this section. established in accordance with the child’s status as a that month had an application been made…The child was eligible 472 (d): Federal citizen or alien [based on]…: payments may be  Deprivation of the care and support of one or both parents; made in the case  Need (resources and income, including receipt of SSI benefits); of children or removed pursuant  Age (A child loses eligibility and reimbursability at the beginning to voluntary of the month following his eighteenth (18th) birthday, unless he

Revised October 22, 2014 placement is enrolled full-time in high school, or any equivalent course of agreements only study, and can be reasonably expected to graduate prior to the if the state as his nineteenth(19th) birthday. When the child meets this fulfilled all the expectation, reimbursement may continue until the beginning of requirements of the month following the child’s graduation); section 422 (b) (8). iii. iii. payments may be made to a home or institution, 922 KAR 1:350 Family preparation states in Section 13 (1)(k): Upon but are limited to include only those items which are placement of a child by the cabinet, a per diem reimbursement shall: included in the term “foster care maintenance 1. Be specified in a contract between an approved resource payments” (as defined in section 475 (4) foster home and the cabinet; and 2. Provide for the care of a child placed by the cabinet, to include: a. Housing expenses; b. Food-related expenses; c. Nonmedical transportation; d. Clothing; e. Allowance; f. Incidentals; g. Babysitting, excluding childcare authorized in subsection (4)(b) of this section; h. Sports, recreation and school activities; i. One (1) day of respite care per child per month; and j. School expenses.

922 KAR 1:360 Private child care placement, level of care, and payment states in Section 10 (1) “A child-caring facility or child- placing agency shall: (b) Demonstrate its ability to provide services, either directly or by contract, appropriate to the assigned level for each child, including: Room, board, and other activity contributing to housing, food, clothing, school supplies, or personal incidentals

iv. Payments are made only to homes or institutions approved or licensed by the state in accordance with: institutions may accommodate no more than 25 children; the term may include a supervised setting where a child who has attained the age of 18

Revised October 22, 2014 is living independently; the term does not include detention facilities, forestry camps, training schools, or another facility operating primarily for the detention of children determined to be delinquent [472 (d) and 422(b)(8)—Link to assurances as submitted with the IV-B state plan. vi. the state must provide assurances established in section 422 (b)(8) {emphasis added}

v. Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and v. Payments will not be made for a child in voluntary Other Applicable Benefits; Section: 31.7 Best Interest Determination placement who has remained in placement for a for a Voluntary Commitment Agreement: The CBW [children’s period in excess of 180 days unless there has been a benefits worker]: judicial determination (made within the first 180 of 1) Obtains a court order from the SSW containing the required IV-E placement) by a court of competent jurisdiction that judicial determination language within one-hundred, eighty such a placement is in the best interest of the child (180) days, or the child is not IV-E eligible or reimbursable for the duration of the out of home placement episode; 2) Establishes the date by which the required judicial determination must be obtained for each voluntary commitment; 3) Notifies the SSW within one-hundred, twenty (120) days of the date when the judicial determination has not been obtained; 4) Discontinues the child’s IV-E eligibility after one-hundred, eighty (180) days of placement upon notification from the SSW that the required judicial finding has not been obtained.

vi. Consent to Voluntary commitment (DPP-167) vi. The voluntary placement must be made by the parent or guardian of the child, the child must be no Rights and obligations of parents for all children in OOHC are noted more than 18 years of age, and the placement must as part of the DPP-1281 Family Case Plan. be made to a binding written agreement that specifies the legal status of the child and the rights and obligations of the parents or guardians, the child, and the agency where the child is in placement vii. vii. When the parents or guardians request that the Protection & Permanency Operating Manual: child be returned to their home or the home of a Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability: relative, the agreement shall be deemed revoked When a child has been placed in out of home care by voluntary unless the agency obtains a judicial determination commitment, if the parents or guardians request the child be

Revised October 22, 2014 that the return would be contrary to the child’s best returned to their home or the home of a relative, the child is no interest longer eligible for title IV-E assistance; unless the agency obtains a judicial determination that the child’s return would not be in his/her best interests.

viii. viii. Any child on behalf of whom foster care 907 KAR 1:011 Technical Eligibility Requirements states in Section 2 maintenance payments are made, is considered (1) and (2): An individual receiving Title IV-E benefits, eligible under Titles XIX and XX Supplemental Security Income, or Optional or Mandatory State Supplementation shall be eligible for Medicaid as a categorically- needy individual. (2) The following classifications of needy persons shall be included in the program as categorically needy and thus eligible for Medicaid participation: (a) A child in a foster family care or private nonprofit child- caring institution dependent on a governmental or private agency; (e) A child in a subsidized adoption dependent on a governmental agency; (f) A child (but not his parents) who: 1. Would have been financially eligible for Aid to Families with Dependent Children benefits using the AFDC methodologies in effect on July 16, 1996; and 2. Meets the definition of Section 1(2) of this administrative regulation;

Title XX (SSBG): In Kentucky, block grant funds are used for ix. The child of a minor parent is eligible for foster social services programs including, elder abuse services, child care maintenance payments if the minor parent is a protective services and juvenile services. Any family subject child whose costs in placement are covered by foster to an open case or investigation (IV-E/IV-B families) is care maintenance payments eligible for a service referral, completed by their caseworkers, for any program funded through SSBG that may x. Eligible children in the agency’s custody, but not be a good match for the families’ needs. (Addendum placed in licensed settings shall be considered only 4/30/2012) for expenditures

[472 (d) and 422(b)(8)—Link to assurances as submitted with the [422 (b)(8): Federal payments may be made in the IV-B state plan. case of children removed pursuant to voluntary placement agreements only if the state as fulfilled all the requirements of section 422 (b) (8): Sec. 422.

Revised October 22, 2014 [42 U.S.C. 622] (b) Each plan for child welfare services under this subpart shall—(8) provide assurances [emphasis added] that the State— (A) is operating, to the satisfaction of the Secretary — (i) a statewide information system from which can be readily determined the status, demographic characteristics, location, and goals for the placement of every child who is (or, within the immediately preceding 12 months, has been) in foster care; (ii) a case review system (as defined in section 475(5)) for each child receiving foster care under the supervision of the State; (iii) a service program designed to help children— (I) where safe and appropriate, return to families from which they have been removed; or (II) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be appropriate for a child, in some other planned, permanent living arrangement, which may include a residential educational program; and (iv) a preplacement preventive services program designed to help children at risk of foster care placement remain safely with their families; and (B) has in effect policies and administrative and judicial procedures for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children;]

[Sec 422 (b)(10): (b) Each plan for child welfare services under this subpart shall—(10) contain Sec 422 (b)(10): assurances that the State shall make effective use of Chapter 10-Interstate Compact on the Placement of Children; cross-jurisdictional resources (including through Section: 10.1 Introduction contracts for the purchase of services), and shall The Cabinet for Health and Family Services (CHFS) cooperates with eliminate legal barriers to facilitate timely adoptive other states in the interstate planning and placement of children. or permanent placements for waiting children The federal Interstate Compact on the Placement of Children (ICPC)

Revised October 22, 2014 requirements are enacted in KRS 615.030. The ICPC is an agreement between states when interstate placement is planned for an abused, neglected or dependent child. The ICPC applies to the following types of situations in which children may be placed in another state:  Placement with a parent, legal guardian or relative;  Placement into foster care, a group home or a residential treatment facility; or  Placement preliminary to an adoption.  The interstate compact is primarily for home studies for children who are in the legal custody of the Cabinet and for the [Sec. 475. [42 U.S.C. 675: As used in this part or supervision of children in approved interstate placements. part B of this title: (5) The term “case review system” means a procedure for assuring that— 475 (5)(A): (A) each child has a case plan designed to achieve Chapter: Chapter 4-Out of Home Care Services (OOHC); placement in a safe setting that is the least Section: 4.35 Ongoing Case Planning; Procedure for Six (6) Month restrictive (most family like) and most appropriate Periodic Reviews, The FSOS or designee: setting available and in close proximity to the 3. Ensures that the following components are always documented on parents' home, consistent with the best interest and the case plan documentation includes (in accordance with provisions special needs of the child, {emphasis added} which of Title IV-E of Social Security Act): — C. Services that will be provided to achieve the least restrictive (most family like) placement that is in the closest proximity to the parents’ home (Sec 475 and 42 USC 675);

[Sec 475 (5)(A)(i) (i) if the child has been placed in a foster family home or child-care institution a substantial 475 (5)(A)(i): distance from the home of the parents of the 620.230 Case permanency plans: child, or in a State different from the State in (1) For each child placed in the custody of the cabinet by an order of which such home is located, sets forth the commitment, the cabinet shall file a case permanency plan for the reasons why such placement is in the best child with the court and send a copy to the Administrative Office of interests of the child, and the Courts Citizen Foster Care Review Board Program as soon as the plan is prepared but no later than thirty (30) days after the effective date of the order. (2) (h) The case permanency plan shall…[i]f the placement is outside the child's original county of residence, documentation that no closer placement is appropriate or available, and the reasons why the placement made was chosen

DPP-1281 Family Case Plan

[Sec 475 (5)(A)(ii) (ii) if the child has been placed in foster care

Revised October 22, 2014 outside the State in which the home of the 475 (5)(A)(ii): parents of the child is located, requires that, 922 KAR 1:370 Criteria for out-of-state placement: periodically, but not less frequently than every 6 Section 1(7): Through the Interstate Compact on Placement of months, a caseworker on the staff of the State Children, the Department for Community-Based Services shall agency of the State in which the home of the request courtesy supervision for each child placed in an out-of-state parents of the child is located, of the State in facility. The department shall also request a report every six (6) which the child has been placed, or of a private months as a result of the courtesy supervision. agency under contract with either such State, visit such child in such home or institution and KRS 615.030 Interstate compact submit a report on such visit to the State agency Article I(b): The appropriate authorities in a state where a child is to of the State in which the home of the parents of be placed may have full opportunity to ascertain the circumstances the child is located, of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC) ; Section: 4.24 SSW's Ongoing Contact with the Birth Family and Child, Including the Medically Fragile Child 7. When a child is placed out of state, uses progress reports, collected at least every 6 months, from a caseworker for the state agency where the placement is located or from the placement provider, to document monthly face to face contact and assess the child’s progress towards case plan goals, objectives and tasks. 8. Has monthly phone contact with the child or the child’s placement when a child is placed in an out-of-state setting.

The child is placed following the execution of the “Out of State Placement Agreement.” The Out of State Placement Agreement requires the provider in (1)(7) to provide reports as requested by the DCBS Family Services Worker related to providing services to the child.

475 (5)(B) 475 (5)(B): (B) the status of each child is reviewed periodically KRS 620.180 Administrative regulations but no less frequently than once every six months by (2) The cabinet shall promulgate administrative regulations to either a court or by administrative review (as defined provide the following: in paragraph (6)) in order to determine the safety of (a) The method used to periodically review the status of children the child, the continuing necessity for and placed in foster family homes which shall include, but not be appropriateness of the placement, the extent of limited to, the following: Within five (5) days, exclusive of compliance with the case plan, and the extent of weekends and holidays, of the temporary removal hearing progress which has been made toward alleviating or provided for in this chapter, a case conference shall be held on mitigating the causes necessitating placement in all children placed with the cabinet for the purpose of foster care, and to project a likely date by which the establishing a specific treatment plan which may include

Revised October 22, 2014 child may be returned to and safely maintained in preventive and reunification services for the child and his parent the home or placed for adoption or legal or other person exercising custodial control or supervision. guardianship Additional case conferences and reviews shall be held as appropriate, but shall be held at least every six (6) months.

Protection and Permanency Operating Procedure 4.35 Ongoing Case Planning states the SSW [social service worker, FSOS [family services office supervisor, or other designee: 1. Holds case planning conference periodic reviews as appropriate or as needed, but is required to hold one within six (6) months of a child’s temporary removal hearing and/or order of temporary custody or placement date of a voluntary commitment; 2. Holds subsequent periodic reviews within six (6) months of the previous review when the child remains in OOHC; 3. Submits a case plan, at minimum, once every six (6) months to the court; 4. Consults with the FSOS or regional staff prior to changing the goal (refer to Permanency Goals in OOHC Cases Tip Sheet); 5. Ensures that during the periodic review, the following occurs: A) A discussion of the problems that are barriers to the child’s safe return home or other permanent placement and the progress of the family and child to overcoming each barrier; B) A review of the appropriateness of services, including assessment and recommendations from community partners, whether services are being provided according to schedule and whether the parties, including identified fathers as outlined in SOP 4.14 Family Attachment and Involvement with expectations set for them are complying with those expectations; C) A decision is made, based on (a) and (b) above, whether the child may be returned home immediately and safely maintained in the home; D) When the child remains in OOHC, consideration is given to converting the case to concurrent planning, if it is not already

Practice Guidance: A target date (month and year) for achievement of the permanency goal is established.

475 (5)(C)(i) [475 (5)(C)(i) KRS 610.125 Permanency hearing after custody given to Department

Revised October 22, 2014 (C) with respect to each such child, (i) procedural of Juvenile Justice or cabinet (1) and (4) safeguards will be applied, among other things, to (1): If a child has been removed from the home and placed in the assure each child in foster care under the custody of…the cabinet, a judge of the District Court shall conduct a supervision of the State of a permanency hearing to permanency hearing no later than twelve (12) months after the date be held, in a family or juvenile court or another court the child is considered to have entered foster care, and every twelve (including a tribal court) of competent jurisdiction, or (12) months thereafter if custody and out-of-home placement by an administrative body appointed or approved by continues, to determine the future status of the child. For purposes the court, no later than 12 months after the date the of this section, a child shall be considered to have entered foster child is considered to have entered foster care (as care on the earlier of the date of the first judicial finding that the determined under subparagraph (F)) (and not less child has been subjected to child abuse or neglect or the date that is frequently than every 12 months thereafter during sixty (60) days after the date on which the child is removed from the the continuation of foster care), which hearing shall home. The court shall address the following areas: {Emphasis added}… (a) If parental rights have not been terminated, whether the child should be returned to the parent; …determine the permanency plan for the child that (b) Whether the child should be placed for adoption; includes whether, and if applicable when, the child (c) Whether the child should be placed with a permanent will be returned to the parent, placed for adoption custodian; and and the State will file a petition for termination of (d) Whether the cabinet has documented a compelling reason parental rights, or referred for legal guardianship, or that it is in the best interest of the child to be placed in another (in cases where the State agency has documented to planned permanent living arrangement other than those listed in the State court a compelling reason for determining this subsection. {Emphasis added} that it would not be in the best interests of the child to return home, be referred for termination of (4) The Department of Juvenile Justice or the cabinet shall present parental rights, or be placed for adoption, with a fit evidence to the court concerning the care and progress of the child and willing relative, or with a legal guardian) placed since the last permanency hearing, including the following: in another planned permanent living arrangement, in (a) The length of time the child has been committed to the the case of a child who will not be returned to the Department of Juvenile Justice or the cabinet; parent, the hearing shall consider in-State and out- (b) The number, location, and date for each placement during of-State placement options, and, in the case of a the total period of the child's commitment; child described in subparagraph (A)(ii), the hearing (c) A description of the services and assistance provided to the shall determine whether the out-of-State placement parent or arranged by the Department of Juvenile Justice or the continues to be appropriate and in the best interests cabinet since the last case permanency plan or case progress of the child, and, in the case of a child who has report, and the results achieved; attained age 16, the services needed to assist the (d) A description of the efforts and progress of the child's parent child to make the transition from foster care to since the last case permanency plan and case progress report, independent living; including the number and dates of parental visits and the extent, quality, and frequency of the parent's communication with the child; (e) The familial and institutional barriers to: 1. Returning the child to the home; 2. Ending the commitment of the child to the Department of Juvenile Justice or the cabinet; and 3. Delivery of appropriate services needed by the child;

Revised October 22, 2014 (f) Recommendations of services needed to make the transition from out-of-home care to independent living for children who have reached the age of sixteen (16) years; (g) An evaluation of the child's current placement and services provided to the child; (h) Recommendations for necessary services required to terminate the commitment of the child to the cabinet, to return the child home, or to facilitate another permanent placement; and (i) Recommendations as to the permanency goal for the child.

[475 (5)(c)(ii) [475 (5)(C)(ii) (General Safeguards--would be applied to any aspect of parental (ii) procedural safeguards shall be applied with rights with regard to removal, visitation, or a change in placement.) respect to parental rights pertaining to the removal KRS 620.155 Appeals: of the child from the home of his parents, to a Any interested party aggrieved by a proceeding under KRS change in the child's placement, and to any 610.010(2)(d) [reference district court jurisdiction pertaining to determination affecting visitation privileges of juveniles found to be dependent, neglected, or abused] including the parents; and (iii) procedural safeguards shall be parent, child, guardian ad litem, the cabinet, and the county applied to assure that in any permanency hearing attorney may appeal from the juvenile court to the Circuit Court as a held with respect to the child, including any hearing matter of right in the manner provided in the Kentucky Rules of Civil regarding the transition of the child from foster care Procedure. The Circuit Court may order that the child may be to independent living, the court or administrative removed to a suitable place, pending the appeal, if it appears by body conducting the hearing consults, in an age- affidavit or sworn testimony that the child would be in imminent appropriate manner, with the child regarding the danger if left with or returned to his or her parents, guardian, or proposed permanency or transition plan for the child other person party to the appeal. [emphasis added] (Removal of the Child) KRS 620.110 Petition for immediate entitlement to custody: Any person aggrieved by the issuance of a temporary removal order may file a petition in Circuit Court for immediate entitlement to custody and a hearing shall be expeditiously held according to the Rules of Civil Procedure. During the pendency of the petition for immediate entitlement the orders of the District Court shall remain in effect.

(Visitation—3 references) 1) KRS 620.150 Visitation: Following an order that a child shall be removed from his home, the cabinet shall establish such terms and conditions of visitation with the child after consultation with the parent or other person

Revised October 22, 2014 exercising custodial control or supervision of the child. If the parent or other person is dissatisfied with the visitation schedule, they may petition the court for review of the visitation schedule. The court, after reviewing all of the circumstances surrounding the case, may alter the visitation schedule if it finds the schedule set up by the cabinet has been arbitrary or unreasonable.

2) DPP-154A Notice of Intended Action

3) Regulation: 922 KAR 1:320. Service appeals: Section 2. Right to Appeal. (1) A parent may request review of the following through an administrative hearing: (a) Denial, reduction, modification, suspension, or termination of child welfare services provided by the cabinet.

(Placement Safeguards—4 references—Per agency procedure, the parent would be consulted about changes when circumstances permit, would always receive notice about such changes, and could request a court review through district court per 1) KRS 620.155 Appeals.)

2) Chapter 4-Out of Home Care Services (OOHC) Section: 4.10 Placement in a DCBS Resource Home The SSW: 2. Seeks consultation from members of the family team, especially the child, regarding placement decisions

3) Chapter 4-Out of Home Care Services (OOHC); Section: 4.46 Movement from a DCBS Resource Home Procedure The SSW: 1. Follows guidelines found on Placement Change Tip Sheet in addition to the following procedures when it is determined that movement of a child from a DCBS resource home is necessary in order to accomplish timely legal permanence

4) Placement Change Tip Sheet  Attempt to notify the parent of the placement change by the next working day in an emergency situation.  Send the parent a DPP-154A Notice of Intended Action, ten (10) days prior to the move if parental rights are intact.

Revised October 22, 2014 (Safeguards Regarding Consultation With Child) 610.060 Duty of court upon formal proceeding -- Right to attend proceeding -- Payment for counsel: (1) If the Circuit or District Court determines that a formal proceeding is required in the interest of the child or to determine the truth or falsity of the allegations against the child, …the court shall, when the child is brought before the court: (a)...shall appoint counsel for the child, as provided in subsection (2) of this section

[475 (5)(D) Chapter 4-Out of Home Care Services (OOHC), Section 4.35 Ongoing [475 (5)(D) Case Planning: (D) a child's health and education record (as The FSOS or designee: described in paragraph (1)(A)) is reviewed and 1) Ensures that during the periodic review, the following occurs: updated, and a copy of the record is supplied to the F) The child’s health, including mental health and educational foster parent or foster care provider with whom the history and current status are reviewed and the plan for meeting child is placed, at the time of each placement of the the child’s needs is reviewed and, if appropriate, revised; child in foster care, and is supplied at no cost at the time the child leaves foster care if the child is leaving 4.18 Distribution of Case Plan for All OOHC Cases foster care by reason of having attained the age of The SSW: majority under the State law; 2) Distributes the out of home child/youth portion of the P&P-1281 to the following: B) Caregiver (foster parents, PCC provider, relative, etc.);

4.26.1 Medical Passport The SSW: 2) Provides the medical passport to the caregiver upon initial removal and ensures the medical passport stays with the child throughout his/her stay in out of home care (OOHC); 3) Utilizes the medical passport forms to document the physical and mental health care services that a child received prior to entry, and after entry into OOHC; 4) Provides the child’s medical passport to the child’s custodian and maintains a copy of the medical passport in the case file when the child is released from Cabinet commitment.

4.28.3 Educational Passport The SSW: 1) Requests that the sending school or facility prepare the Educational Passport for the child and deliver it to the SSW within two (2) days of the child leaving the school, when a child in OOHC

Revised October 22, 2014 will leave one school or educational facility to attend another; 2) Presents the educational passport to the new school or educational facility within two (2) days of the child’s enrollment, and documents this in TWIST contact screens; 3) Includes information from an educational passport in the CQA and addresses services that meet the needs of the child in the child/youth action plan section of the case plan.

620.230 Case permanency plans. (1) For each child placed in the custody of the cabinet by an order of commitment, the cabinet shall file a case permanency plan for the child with the court and send a copy to the Administrative Office of the Courts Citizen Foster Care Review Board Program as soon as the plan is prepared but no later than thirty (30) days after the effective date of the order. Notwithstanding the provisions of KRS 620.090(5), if a child remains in the temporary custody of the cabinet for longer than forty-five (45) days and if a request is submitted by the Administrative Office of the Courts Citizen Foster Care Review Board Program, the cabinet shall provide a copy of the case permanency plan for the child. (g) A description of the type of home, child-caring facility, child- placing agency or facility in which the child is to be placed or has been placed, and a statement why the placement is appropriate for the child, including but not limited to: 2. Educational needs; 3. Medical needs; 4. Emotional needs;

Chapter 4.29.2 Transition Planning for OOHC Youth For youth aging out of OOHC or recommitting, the SSW [social services worker]: 5) Provides the youth with the following items (when available) prior to transition of a youth from OOHC to employment, education nor other setting (these items are provided at no cost to the youth): B) Information about the youth’s personal and family health, including a list of health care providers; E) Pictures or Lifebook; F) List of all schools attended; G) Information about the youth’s educational history; and

Revised October 22, 2014 475 (5)(E) KRS 610.127 Parental circumstances negating requirement for reasonable efforts to reunify child with family [475 (5)(E) Reasonable efforts as defined in KRS 620.020 shall not be required (E) in the case of a child who has been in foster care to be made with respect to a parent of a child if a court of competent under the responsibility of the State for 15 of the jurisdiction determines that the parent has: most recent 22 months, or, if a court of competent (1) Subjected the child to aggravated circumstances as defined in jurisdiction has determined a child to be an KRS 600.020; abandoned infant (as defined under State law) or (2) Been convicted in a criminal proceeding of having caused or has made a determination that the parent has contributed to the death of another child of the parent; committed murder of another child of the parent, (3) Committed a felony assault that resulted in serious bodily injury committed voluntary manslaughter of another child to the child or to another child of the parent of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or KRS 620.350 Abandoned newborn infant -- Emergency custody order such a voluntary manslaughter, or committed a -- No investigation of abandonment -- Placement in foster home -- felony assault that has resulted in serious bodily Inquiry to ensure that infant is not missing child -- Involuntary injury to the child or to another child of the parent, termination of parental rights: the State shall file a petition to terminate the (5) As soon as practicable following the thirty (30) day placement parental rights of the child's parents (or, if such a period, the cabinet shall file a petition in Circuit Court seeking the petition has been filed by another party, seek to be involuntary termination of parental rights of the unknown parents joined as a party to the petition), and, concurrently, and authority to place the child for adoption in accordance with KRS to identify, recruit, process, and approve a qualified Chapter 625. family for an adoption, unless— (i) at the option of the State, the child is being Protection and Permanency Operating Manual: cared for by a relative; Chapter 11-CPS Court, Section: 11.36 Involuntary Termination of (ii) a State agency has documented in the case Parental Rights (TPR): plan (which shall be available for court review) a Once a child has been OOHC for fifteen (15) of the last twenty-two compelling reason for determining that filing such (22) months, federal law requires the agency to file for termination a petition would not be in the best interests of of parental rights, unless there are compelling reasons not to file. the child; or The agency may elect not to file or join a petition to terminate the (iii) the State has not provided to the family of parental rights of a parent if: the child, consistent with the time period in the a. the child is being cared for by a relative; State case plan, such services as the State b. the agency has documented in the case plan (which must be deems necessary for the safe return of the child available for court review) a compelling reason for determining to the child's home, if reasonable efforts of the that filing such a petition would not be in the best interests of type described in section 471(a)(15)(B)(ii) are the individual child; or required to be made with respect to the child; c. the agency has not provided to the family, consistent with the time period in the case plan, services deemed necessary for the safe return of the child to the home, when reasonable efforts to reunify the family are required. (45 CFR 1356.21 (i)(2))

20. From the point at which the petition is filed, or when the agency joins a petitions to TPR, the agency begins working simultaneously

Revised October 22, 2014 with R&C as appropriate to identify, recruit, process, and approve a qualified family for adoption. (Title IV-E, Section 475 (5)(E) of the Social Security Act and 45 CFR 1356.21 (i)(3))

Practice Guidance: If another party files a petition to involuntarily terminate the parents’ rights, the worker notifies the Office of Legal Services. OLS files a motion to be joined as a party to the petition. (Title IV-B, Section 475 (5)(E) of the Social Security Act and 45 CFR 1356.21 (i))

Permanency Goals in OOHC Cases Tip Sheet: Under federal ASFA guidelines:  The worker is required to file a petition for termination when o Aggravated circumstances exist and/or the family does not make sufficient progress toward achieving the objectives specified in the case plan; o The child has been in OOHC for fifteen (15) of the most recent twenty-two (22) months and the District or Family court concurs with the goal of adoption, a TPR petition is filed before the fifteenth (15th) month ends;  An exception for the SSW proceeding with TPR may be granted only by a Judge for compelling reasons, such as: o A relative is caring for the child and the plan is for permanent relative placement or guardianship; o TPR would not be in the child’s best interest and the case plan documents the appropriateness of this decision; or o Services deemed necessary for the safe return of the child have not been provided to the family of the child within the time period specified in the case plan.

475 (5)(F) KRS 610.125 Permanency hearing after custody given to Department of Juvenile Justice or cabinet (1) If a child has been removed from the home and placed in the custody of the Department of Juvenile Justice or the cabinet, a judge of the District Court shall conduct a permanency hearing no later [475 (5)(F) than twelve (12) months after the date the child is considered to (F) a child shall be considered to have entered foster have entered foster care, and every twelve (12) months thereafter if care on the earlier of— custody and out-of-home placement continues, to determine the (i) the date of the first judicial finding that the future status of the child. For purposes of this section, a child shall child has been subjected to child abuse or be considered to have entered foster care on the earlier of the date

Revised October 22, 2014 neglect; or of the first judicial finding that the child has been subjected to child (ii) the date that is 60 days after the date on abuse or neglect or the date that is sixty (60) days after the date on which the child is removed from the home; which the child is removed from the home. [Emphasis Added]

475 (5)(G) KRS 610.125 Permanency hearing after custody given to Department of Juvenile Justice or cabinet (3) The Department of Juvenile Justice or the cabinet shall inform the court not less than sixty (60) days prior to the expiration of the time in which the hearing shall be held and within the time established in subsection (1) of this section, and shall further inform [475 (5)(G) the court of the name and address of the child's foster parents, (G) the foster parents (if any) of a child and any preadoptive parents, or relatives providing care to the child; court- preadoptive parent or relative providing care for the appointed special advocate; and foster care review board member child are provided with notice of, and a right to be assigned to the case. For the hearing to be held pursuant to heard in, any proceeding to be held with respect to subsection (2) of this section, the names and addresses of the the child, except that this subparagraph shall not be persons identified in this subsection shall be provided in the case construed to require that any foster parent, permanency plan or case progress report to be filed with the court. preadoptive parent, or relative providing care for the The court shall set a time for the hearing and notify the child's child be made a party to such a proceeding solely on parent, foster parents, preadoptive parents, or relatives providing the basis of such notice and right to be heard; and care to the child; court-appointed special advocate; foster care review board member assigned to the case; attorney for the child; attorney for the parent, if any; and the Department of Juvenile Justice or the cabinet.

(5) The child's parent, foster parent, preadoptive parent, relative providing care to the child, attorney for the parent, attorney for the child, or court-appointed special advocate, if deemed appropriate by the court, may present any evidence relevant to the determination of a permanency goal for the child.

[475 (5)(H) Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC) Section: 4.29.2 Transition For youth aging out of OOHC or recommitting: The SSW [social services worker]: 1. Ensures that a Transition Plan is developed with input from [475 (5)(H) all youth at age seventeen (17) who are expected to turn (H)during the 90-day period immediately prior to the eighteen (18) years old while in foster care regardless of

Revised October 22, 2014 date on which the child will attain 18 years of age, or whether the youth is extending or ending commitment such greater age as the State may elect under paragraph (8)(B)(iii), whether during that period Practice Guidance: foster care maintenance payments are being made  The transition plan is reviewed at the next available case on the child’s behalf or the child is receiving benefits planning conference after the youth reaches age seventeen or services under section 477, a caseworker on the (17). staff of the State agency, and, as appropriate, other representatives of the child provide the child with During transition planning, youth are asked to acknowledge receipt assistance and support in developing a transition of information related to health care surrogates on page 5 of the plan that is personalized at the direction of the child, transition plan. Youth exiting foster care receive the information includes specific options on housing, health again as part of their exit packet. insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, includes information about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law, and is as detailed as the child may elect.] 45 CFR 1356.21(e) Protection and Permanency Operating Manual: Chapter 31- Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.3 Required IV-E Judicial [45 CFR 1356.21(e),(f),(g),(h) and (i) of the Act: Determination :

[45 CFR 1356.21(e) For IV-E determination: (e) Trial home visits. A trial home visit may not  Each time a child is returned to and removed from the home, exceed six months in duration, unless a court orders a new court order with the required IV-E judicial a longer trial home visit. If a trial home visit determinations must be obtained. extends beyond six months and has not been  Occasionally a child in out of home care is returned to the authorized by the court, or exceeds the time period removal home for the purpose of a trial home visit. If a crisis the court has deemed appropriate, and the child is occurs that necessitates removal of the child during the subsequently returned to foster care, that placement home visit it is not necessary to obtain a new court order must then be considered a new placement and title authorizing the second removal if the SSW documented in IV–E eligibility must be newly established. Under the case plan’s visitation agreement that the purpose of the these circumstances the judicial determinations child’s placement in the removal home is for a trial visit. If regarding contrary to the welfare and reasonable the child’s trial visit extends beyond six (6) months, then it efforts to prevent removal are required. is necessary to obtain a new court order authorizing removal

Revised October 22, 2014 which contains the required judicial determinations, unless the court has ordered a longer trial home visit.

[45 CFR 1356.21(f) Section 475 (5) elements are described in the preceding lines in this row (pages 19-30).

[45 CFR 1356.21(f) Section 475 (6) (f) Case review system. In order to satisfy the Chapter 4-Out of Home Care Services (OOHC), Section: 4.35 provisions of section 471(a)(16) of the Act regarding Ongoing Case Planning: a case review system, each State’s case review The SSW: system must meet the requirements of sections 1. Holds case planning conference periodic reviews as 475(5) and 475(6) of the Act. appropriate or as needed, but is required to hold one within {475 (6) The term “administrative review” means six (6) months of a child’s temporary removal hearing and/or a review open to the participation of the parents order of temporary custody or placement date of a voluntary of the child, conducted by a panel of appropriate commitment; persons at least one of whom is not responsible 2. Holds subsequent periodic reviews within six (6) months of for the case management of, or the delivery of the previous review when the child remains in OOHC; services to, either the child or the parents who are the subject of the review.} Chapter 4-Out of Home Care Services (OOHC), Section: 4.20 Participants The SSW [social services worker]: 1. Is required to invite the following individuals, not inclusive in case planning: a. Both legal and biological parents, absent parents, noncustodial parents and family members, including identified fathers as outlined in SOP 4.14 Family Attachment and Involvement; b. Children, six (6) years of age and older (unless there is a clinical justification for not doing so or the SSW has evaluated the child and deems it not in child’s best interest to participate); c. Other Cabinet staff involved, which may include the designated swift chair when the child’s permanency goal is being changed to adoption and at subsequent case planning conferences as outlined in SOP 13.3 Swift Adoptions; d. Objective third party as required for periodic reviews; e. Parent’s attorney, if applicable;

Revised October 22, 2014 f. Child’s attorney, Guardian Ad Litem; g. County attorney; h. Caregiver (foster parents, PCC provider, relative, etc.); and i. Court Appointed Special Advocate (CASA); 2. Is required to notify all participants of any case planning conference, ten (10) calendar days prior to the conference for all OOHC cases, excluding the five (5) day conference; 3. Notifies legal parents, biological parents, and/or guardians by certified mail; 4. Documents attempts to notify absent parents and noncustodial parents;

Chapter 4-Out of Home Care Services (OOHC) ; Section: 4.35 Ongoing Case Planning Practice Guidance:  Public Law 96-272 (IV-E) requires the participation of one objective third party in the periodic review, who is not: . The case manager; . In the line of supervision for the case; or . Involved in the delivery of services to either the child or the parents.

45 CFR 1356.21 (g)(1-5) See separate sections below.

[45 CFR 1356.21(g) (g) Case plan requirements. In order to satisfy the case plan requirements of sections 471(a)(16), 475(1) and 475(5) (A) and (D) of the Act, the State agency must promulgate policy materials and 45 CFR 1356.21(g)(1) instructions for use by State and local staff to 922 KAR 1:140. Foster care and adoption permanency services: determine the appropriateness of and necessity for Section 3. Permanency Planning. the foster care placement of the child. The case plan (7) If the case conference held in compliance with KRS for each child must: 620.180 (2)(a)1 results in the child being placed in the custody of the cabinet, the cabinet shall develop and (1) Be a written document, which is a discrete document a case permanency plan, using Form DPP-1281, part of the case record, in a format determined Family Case Plan.

Revised October 22, 2014 by the State, which is developed jointly with the Section 12. Incorporation by Reference. (1) "DPP-1281 Family Case parent(s) or guardian of the child in foster care; Plan and Out of Home Care Youth Action Plan,” edition 9/08, is and incorporated by reference.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section: 4.14 Family Attachment: 1. Contacts the biological father/mother or conducts an absent parent search within the first thirty (30) days if the father/mother is not present in the home and his whereabouts are questionable; 2. Identifies and explores placement of the child with available relatives, if known (both maternal and paternal); otherwise follows the same procedures outlined in the absent parent search in locating family members; 3. Engages the father/mother and/or family members to solicit involvement in permanency planning for the child; 4. Conducts case planning and provide needed/requested services; 5. Includes the father/mother in a regular visitation schedule that promotes and maintains attachment unless the following exists: 6. Parental rights have been terminated; or 7. Participation would be contrary to the best interest of the child;

KRS 620.180 Administrative regulations (2) The cabinet shall promulgate administrative regulations to provide the following: (a) The method used to periodically review the status of children placed in foster family homes which shall include, but not be limited to, the following: 1. Within five (5) days, exclusive of weekends and holidays, of the temporary removal hearing provided for in this chapter, a case conference shall be held on all children placed with the cabinet for the purpose of establishing a specific treatment plan which may include preventive and reunification services for the child and his parent or other person exercising custodial control or supervision. Additional case conferences and reviews shall be held as appropriate, but shall be held at least every six (6) months. The parent or other person exercising custodial control or supervision and his counsel, if any, shall have the right to be present at and participate in such conferences. The child; the child's attorney, if any; the parent or other person exercising custodial control or

Revised October 22, 2014 supervision and his attorney of record, if any; and the county attorney shall be notified of, and may be present at and participate in such conferences;

45 CFR 1356.21 (g)(2) KRS 620.180 Administrative regulations (2) The cabinet shall promulgate administrative regulations to provide the following: (a) The method used to periodically review the status of children placed in foster family homes which shall include, but not be limited to, the following: Within five (5) days, exclusive of weekends and holidays, of the temporary removal hearing provided for in this chapter, a case conference shall be held on all children placed with the cabinet for [45 CFR 1356.21(g)(2) the purpose of establishing a specific treatment plan which may (2) Be developed within a reasonable period, to include preventive and reunification services for the child and his be established by the State, but in no event later parent or other person exercising custodial control or supervision. than 60 days from the child’s removal from the Additional case conferences and reviews shall be held as appropriate, home pursuant to paragraph (k) of this section; but shall be held at least every six (6) months.

KRS 620.230 Case permanency plans (1) For each child placed in the custody of the cabinet by an order of commitment, the cabinet shall file a case permanency plan for the child with the court and send a copy to the Administrative Office of the Courts Citizen Foster Care Review Board Program as soon as the plan is prepared but no later than thirty (30) days after the effective date of the order. Notwithstanding the provisions of KRS 620.090(5), if a child remains in the temporary custody of the cabinet for longer than forty-five (45) days and if a request is submitted by the Administrative Office of the Courts Citizen Foster Care Review Board Program, the cabinet shall provide a copy of the case permanency plan for the child.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section: 4.15 Timeframes for All OOHC: The SSW [social service worker]: (1) Convenes a five (5) day case planning conference within five (5) working days of the temporary removal hearing or placement if commitment is voluntary as outlined in SOP 4.16 Five (5)Day Conference.

Revised October 22, 2014 45 CFR 1356.21 (g)(3), (4), and (5) 620.230 Case permanency plans (2) The case permanency plan shall include, but need not be limited to: a) A concise statement of the reasons why the child is in the custody of the cabinet; b) A statement of the actions which have been taken with regard to the child to the date of the plan; c) A statement of the proposed actions which may be taken or are contemplated with regard to the child during the next six (6) months and during the entire duration of the time the child is in the custody of the cabinet; 45 CFR 1356.21 (g)(3), (4), and (5) d) Contemplated placements for the child; (3) Include a discussion of how the case plan is e) If the child is placed outside the home, reasons why the child designed to achieve a safe placement for the cannot be protected adequately in the home, the harms the child in the least restrictive (most family-like) child may suffer if left in the home, factors which may indicate setting available and in close proximity to the when the child can be returned to the home, and efforts the home of the parent(s) when the case plan goal is cabinet or others are making to return the child to the home; reunification and a discussion of how the f) If the child is placed outside the home, the steps that the placement is consistent with the best interests cabinet will take to minimize the harm to the child as a result and special needs of the child. (FFP is not of the action, both at the time of removal and on a long-term available when a court orders a placement with a basis; specific foster care provider); g) A description of the type of home, child-caring facility, child- placing agency or facility in which the child is to be placed or (4) Include a description of the services offered has been placed, and a statement why the placement is and provided to prevent removal of the child from appropriate for the child, including but not limited to: the home and to reunify the family; and 1. Age; 2. Educational needs; (5) Document the steps to finalize a placement 3. Medical needs; when the case plan goal is or becomes adoption 4. Emotional needs; or placement in another permanent home in 5. Relationship with parents; and accordance with sections 475(1)(E) and (5)(E) of 6. Number of children the home is authorized to care for and the Act. When the case plan goal is adoption, at a the number of children currently residing in the home; minimum, such documentation shall include h) If the placement is outside the child's original county of child-specific recruitment efforts such as the use residence, documentation that no closer placement is of State, regional, and national adoption appropriate or available, and the reasons why the placement exchanges including electronic exchange made was chosen; systems. i) A description of the services for the child and his family to be provided or arranged by the cabinet to facilitate the return of the child to his own home or to another permanent placement; j) A list of objectives and specific tasks, together with specific time frames for each task, for which the parents have agreed

Revised October 22, 2014 to assume responsibility, including a schedule of regular visits with the child; k) A projected schedule of time intervals by which each of the services, objectives, and tasks outlined in the case permanency plan should be accomplished and a schedule of time intervals which have already been accomplished or are in the process of accomplishment; l) If the child is to remain at home, a description of the potential harm which could befall the child and measures that are being taken to prevent or minimize such harm; and m)If the child is to remain at home, reasons why he cannot be placed in foster care or why such care is not needed.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section: 4.35 Ongoing Case Procedures: The FSOS [family service office supervisor] or designee: 1) Ensures that during the periodic review, the following occurs: a) A discussion of the problems that are barriers to the child’s safe return home or other permanent placement and the progress of the family and child to overcoming each barrier; b) A review of the appropriateness of services, including assessment and recommendations from community partners, whether services are being provided according to schedule and whether the parties, including identified fathers as outlined in SOP 4.14 Family Attachment and Involvement with expectations set for them are complying with those expectations; c) A decision is made, based on (a) and (b) above, whether the child may be returned home immediately and safely maintained in the home; d) When the child remains in OOHC, consideration is given to converting the case to concurrent planning, if it is not already; e) The case plan may be made concurrent as outlined in 4.19 Consideration/ Implementation of Concurrent Planning for Permanency to reflect both reasonable efforts to reunite the child with the family and a plan to place a child for adoption; f) The child’s health, including mental health and educational history and current status are reviewed and the plan for meeting the child’s needs is reviewed and, if appropriate, revised; g) A discussion and documentation of the steps being taken to find an adoptive family or other permanent living arrangement

Revised October 22, 2014 for the child whose goal is adoption or placement in another permanent home occurs with: i) An adoptive family; ii) A suitable and willing relative; iii) A legal guardian; or iv) Another planned permanent living arrangement; h) Information regarding the child’s current placement and any consideration being given to change in placement is presented to conference participants; i) The course of visitation since the last conference is reviewed and, when necessary, the visitation agreement is revised; and j) The dates of the six (6) month periodic review are established;

45 CFR 13356.21 (h)(1-5)

45 CFR 1356.21 (h)(1) Compliance with 475 (5)(C) is documented on pages 22-25 of this document.

45 CFR 1356.21 (h)(2) KRS 610.125 Permanency hearing after custody given to Department of Juvenile Justice or cabinet: (2) If the cabinet or the Department of Juvenile Justice determines that reasonable efforts to reunify the [45 CFR 1356.21 (h)(1-5) child with the child's parent will not be made, the cabinet or (h) Application of the permanency hearing Department of Juvenile Justice shall file a case permanency plan as requirements. defined by KRS 620.230 or case progress report with the court that documents the reasons for not making reasonable efforts. The court (1) To meet the requirements of the permanency shall hold a permanency hearing within thirty (30) days of the filing hearing, the State must, among other of the cabinet's or Department of Juvenile Justice's plan or report requirements, comply with section 475(5)(C) of with the Court. the Act.

(2) In accordance with paragraph (b)(3) of this 45 CFR 1356.21 (h)(3) section, when a court determines that reasonable KRS 610.125 Permanency hearing after custody given to Department efforts to return the child home are not required, of Juvenile Justice or cabinet: (1) If a child has been removed a permanency hearing must be held within 30 from the home and placed in the custody of…the cabinet, a judge of days of that determination, unless the the District Court shall conduct a permanency hearing no later than

Revised October 22, 2014 requirements of the permanency hearing are twelve (12) months after the date the child is considered to have fulfilled at the hearing in which the court entered foster care, and every twelve (12) months thereafter if determines that reasonable efforts to reunify the custody and out-of-home placement continues, to determine the child and family are not required. future status of the child. For purposes of this section, a child shall be considered to have entered foster care on the earlier of the date of the first judicial finding that the child has been subjected to child abuse or neglect or the date that is sixty (60) days after the date on which the child is removed from the home. The court shall address (3) If the State concludes, after considering the following areas: reunification, adoption, legal guardianship, or (a) If parental rights have not been terminated, whether the permanent placement with a fit and willing child should be returned to the parent; relative, that the most appropriate permanency (b) Whether the child should be placed for adoption; plan for a child is placement in another planned (c) Whether the child should be placed with a permanent permanent living arrangement, the State must custodian; and document to the court the compelling reason for (d) Whether the cabinet has documented a compelling reason that it the alternate plan. Examples of a compelling is in the best interest of the child to be placed in another planned reason for establishing such a permanency plan permanent living arrangement other than those listed in this may include: subsection. {Emphasis added}. (i) The case of an older teen who specifically requests that emancipation be established as his/her permanency plan; 45 CFR 1356.21 (h)(4) (ii) The case of a parent and child who have a Kentucky statutes do not permit another administrative body to significant bond but the parent is unable to care conduct permanency hearings. for the child because of an emotional or physical disability and the child’s foster parents have committed to raising him/her to the age of majority and to facilitate visitation with the disabled parent; or, (iii) the Tribe has identified another planned 45 CFR 1356.21 (i) (1-3) permanent living arrangement for the child. KRS 625.090 Grounds for termination: (2) No termination of parental rights shall be ordered unless the Circuit Court also finds by clear and convincing evidence the existence of one (1) or more of the following grounds…(j) That the child has been in foster care 45 CFR 1356.21 (h)(4) under the responsibility of the cabinet for fifteen (15) of the most (4) When an administrative body, appointed or recent twenty-two (22) months preceding the filing of the petition to approved by the court, conducts the permanency terminate parental rights. hearing, the procedural safeguards set forth in the definition of permanency hearing must be so Protection and Permanency Operating Manual: extended by the administrative body. Chapter 11-CPS Court, Section: 11.36 Involuntary Termination of Parental Rights (TPR): Once a child has been OOHC for fifteen (15) of the last twenty-two 45 CFR 1356.21 (i) (1-3) (22) months, federal law requires the agency to file for termination (i) Application of the requirements for filing a of parental rights, unless there are compelling reasons not to file.

Revised October 22, 2014 petition to terminate parental rights at section The agency may elect not to file or join a petition to terminate the 475(5)(E) of the Social Security Act. parental rights of a parent if: (1) Subject to the exceptions in paragraph (i)(2) d. the child is being cared for by a relative; of this section, the State must file a petition (or, e. the agency has documented in the case plan (which must be if such a petition has been filed by another party, available for court review) a compelling reason for determining seek to be joined as a party to the petition) to that filing such a petition would not be in the best interests of terminate the parental rights of a parent(s): the individual child; or (i) Whose child has been in foster care under f. the agency has not provided to the family, consistent with the the responsibility of the State for 15 of the time period in the case plan, services deemed necessary for the most recent 22 months. The petition must be safe return of the child to the home, when reasonable efforts to filed by the end of the child's 15th month in reunify the family are required. (45 CFR 1356.21 (i)(2)) foster care. In calculating when to file a petition for termination of parental rights, the Practice Guidance: state If another party files a petition to involuntarily terminate the parents’ rights, the worker notifies the Office of Legal Services. OLS files a motion to be joined as a party to the petition. (Title IV-B, Section 475 (5)(E) of the Social Security Act and 45 CFR 1356.21 (i))

Permanency Goals in OOHC Cases Tip Sheet: Under federal ASFA guidelines:  The worker is required to file a petition for termination when o Aggravated circumstances exist and/or the family does not make sufficient progress toward achieving the objectives specified in the case plan; o The child has been in OOHC for fifteen (15) of the most recent twenty-two (22) months and the District or Family court concurs with the goal of adoption, a TPR petition is filed before the fifteenth (15th) month ends;  An exception for the SSW proceeding with TPR may be granted only by a Judge for compelling reasons, such as: o A relative is caring for the child and the plan is for permanent relative placement or guardianship; o TPR would not be in the child’s best interest and the case plan documents the appropriateness of this decision; or o Services deemed necessary for the safe return of the child have not been provided to the family of the child within the time period specified in the case plan.

45 CFR 1356.21 (i)(1)(i)(A) KRS 610.125 Permanency hearing after custody given to Department of Juvenile Justice or cabinet (1): For purposes of this section, a

Revised October 22, 2014 child shall be considered to have entered foster care on the earlier of the date of the first judicial finding that the child has been subjected to child abuse or neglect or the date that is sixty (60) days after the date on which the child is removed from the home.

Permanency Goals in OOHC Cases Tip Sheet: Under federal ASFA guidelines:  The worker is required to file a petition for termination when o Aggravated circumstances exist and/or the family does not make sufficient progress toward achieving the objectives specified in the case plan; o The child has been in OOHC for fifteen (15) of the most recent 45 CFR 1356.21 (i)(1)(i)(A) twenty-two (22) months and the District or Family court (A) Must calculate the 15 out of the most concurs with the goal of adoption, a TPR petition is filed before recent 22 month period from the date the the fifteenth (15th) month ends; child is considered to have entered foster o The 15 of 22 months must be calculated: care as defined at section 475(5)(F) of the . Cumulatively when a child experiences multiple exits from Act and § 1355.20 of this part; and entries into foster care during the 22 month period; . To exclude trial home visits or runaway episodes (B) Must use a cumulative method of calculation when a child experiences multiple exits from and entries into foster care during the 22 month period; 45 CFR 1356.21 (i)(1)(ii) KRS 620.350 Abandoned newborn infant -- Emergency custody order (C) Must not include trial home visits or -- No investigation of abandonment -- Placement in foster home -- runaway episodes in calculating 15 months in Inquiry to ensure that infant is not missing child -- Involuntary foster care; and, termination of parental rights 3) At the temporary removal hearing required by KRS 620.080, if (D) Need only apply section 475(5)(E) of the the court places temporary custody with the cabinet, the Act to a child once if the State does not file a custody order shall remain in effect for a minimum of thirty petition because one of the exceptions at (30) days. paragraph (i)(2) of this section applies; 5) As soon as practicable following the thirty (30) day placement period, the cabinet shall file a petition in Circuit Court seeking the involuntary termination of parental rights of the unknown parents and authority to place the child for adoption in accordance with KRS Chapter 625.

Protection and Permanency Operating Manual: 45 CFR 1356.21 (i)(1)(ii) Chapter 4-Out of Home Care Services (OOHC), Section: 4.21 Safe (ii) Whose child has been determined by a court Infants Act: The SSW [social service worker]…(13) Completes the of competent jurisdiction to be an abandoned following tasks if a parent does not contact the Cabinet within thirty infant (as defined under State law). The (30) days after relinquishing the infant: petition to terminate parental rights must be A) Immediately consults with the regional attorney to seek

Revised October 22, 2014 filed within 60 days of the judicial involuntary termination of parental rights of the unknown determination that the child is an abandoned parents and the authority to place the child for adoption; infant; or, B) Requests a goal change in district or family court; C) Complete an ongoing CQA; and D) Follows procedures outlined in SOP 11.36.2 Initiating a Request for an Involuntary Termination of Parental Rights Practice Guidance:  The petition to terminate parental rights is made by the Office of Legal Services (OLS) within sixty (60) days of the judicial determination that the child is an abandoned infant.  From the point the TPR is filed, or if the agency joins a termination petition filed by another party the worker begins working simultaneously with R&C as appropriate to identify, recruit, process, and approve a qualified family for adoption. (Title IV-E, Section 475 (5)(E) of the Social Security Act and 45 CFR 1356.21 (i)(3))

45 CFR 1356.21 (i)(1)(iii) KRS 610.127 Parental circumstances negating requirement for reasonable efforts to reunify child With family states “Reasonable efforts as defined in KRS 620.020 shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction determines that the parent has: (2) Been convicted in a criminal proceeding of having caused or contributed to the death of another child of the parent; (3) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent

Chapter 11-CPS Court; Section: 11.36 Involuntary Termination of Parental Rights (TPR): Practice Guidance: Per federal law (45 CFR 1356.21 (i)(1)(iii), if a waiver of efforts has been granted because of the parents previous felony conviction, the petition for termination must be filed within 60 days of the judicial [45 CFR 1356.21 (i)(1)(iii) determination that reasonable efforts to reunify are not required. (iii) Who has been convicted of one of the Applicable convictions under Kentucky statute include: felonies listed at paragraph (b)(3)(ii) of this o A situation where the parent caused or contributed to the death section [pg 72 of this document]. Under such of another child of the parent; circumstances, the petition to terminate o A felony assault that resulted in serious bodily injury to the child parental rights must be filed within 60 days of a or to another child of the parent judicial determination that reasonable efforts to reunify the child and parent are not required.

Revised October 22, 2014 45 CFR 1356.21 (i)(2)(i-iii) Protection and Permanency Manual: Chapter 4-Out of Home Care Services (OOHC); Section: 4.35 Ongoing Case Planning: The SSW [social service worker] 8. Files, for the purpose of the 6 month review, a dispositional report with the court at least 3 days prior to the hearing (Family Court Civil Rule 28). 9. Submits a copy of every case plan, visitation agreement, and prevention plans to the court (45 CFR 1356.21 (i)(2) and Family Court Civil Rule 29);

The FSOS [family service office supervisor] 3. Ensures that the following components are always documented on the case plan documentation includes (in accordance with provisions [45 CFR 1356.21 (i)(2)(i-iii) of Title IV-E of Social Security Act): (2) The State may elect not to file or join a G. Documentation of the reasons permitted under federal law for petition to terminate the parental rights of a not initiating TPR when the child has been care for 15 of the last parent per paragraph (i)(1) of this section if: 22 months, one of which must be met for an ASFA exception: (i) At the option of the State, the child is being i. The child is being cared for by a relative; or cared for by a relative; ii. A compelling reason why filing for termination would not be (ii) The State agency has documented in the in the best interest of the child; or case plan (which must be available for court iii. Failure to provide, consistent with the time period in the review) a compelling reason for determining case plan, services deemed necessary for the safe return of the that filing such a petition would not be in the child to the home, when reasonable efforts are required (45 best interests of the individual child. Compelling CFR 1356.21 (i)(2)); reasons for not filing a petition to terminate parental rights include, but are not limited to: Chapter 11-CPS Court, Section: 11.36 Involuntary Termination of (A) Adoption is not the appropriate Parental Rights (TPR): permanency goal for the child; or, The agency may elect not to file or join a petition to terminate the (B) No grounds to file a petition to terminate parental rights of a parent if: parental rights exist; or, a. the child is being cared for by a relative; (C) The child is an unaccompanied refugee b. the agency has documented in the case plan (which must be minor as defined in 45 CFR 400.111; or available for court review) a compelling reason for determining (D) There are international legal obligations that filing such a petition would not be in the best interests of or compelling foreign policy reasons that the individual child; or would preclude terminating parental rights; c. the agency has not provided to the family, consistent with or the time period in the case plan, services deemed necessary for (iii) The State agency has not provided to the the safe return of the child to the home, when reasonable family, consistent with the time period in the efforts to reunify the family are required. (45 CFR 1356.21 (i) case plan, services that the State deems (2)) necessary for the safe return of the child to the

Revised October 22, 2014 home, when reasonable efforts to reunify the family are required. 45 CFR 1356.21 (i)(3)(iii) Chapter 11-CPS Court, Section: 11.36 Involuntary Termination of Parental Rights (TPR): 20. From the point at which the petition is filed, or when the agency joins a petitions to TPR, the agency begins working simultaneously with R&C as appropriate to identify, recruit, process, and approve a qualified family for adoption. (Title IV-E, Section 475 (5)(E) of the Social Security Act and 45 CFR 1356.21 (i)(3))

[45 CFR 1356.21 (i)(3)(iii) (3) When the State files or joins a petition to terminate parental rights in accordance with paragraph (i)(1) of this section, it must concurrently begin to identify, recruit, process, and approve a qualified adoptive family for the child. 472 (f)(1) b. the assistance of the State/Tribal agency has been KRS 620.170 Voluntary commitments requested by the child’s parent(s) or legal Section (1): The cabinet may accept custody of a child who is guardian(s); and voluntarily committed to the cabinet by the child's parent, guardian, or other person having legal custody.

472 (f)(2) c. there is a written voluntary placement agreement, Consent to Voluntary commitment (DPP-167) binding on all parties to the agreement, which specifies at a minimum the legal status of the child Rights and obligations of parents for all children in OOHC are noted and the rights and obligations of the parents or as part of the DPP-1281 Family Case Plan. guardians, the child and the State/Tribal agency while the child is in placement. 1356.22 (b) 2. Federal financial participation is claimed only for Protection and Permanency Operating Manual: 472 (e) voluntary foster care maintenance expenditures made Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and within the first 180 days of the child’s placement in Other Applicable Benefits; Section: 31.7 Best Interest Determination foster care unless there has been a judicial for a Voluntary Commitment Agreement: The CBW [children’s determination by a court of competent jurisdiction, benefits worker]: within the first 180 days of the date of such 5) Obtains a court order from the SSW containing the required IV-E placement, to the effect that the continued voluntary judicial determination language within one-hundred, eighty placement is in the best interests of the child. (180) days, or the child is not IV-E eligible or reimbursable for the duration of the out of home placement episode;

Revised October 22, 2014 6) Establishes the date by which the required judicial determination must be obtained for each voluntary commitment; 7) Notifies the SSW within one-hundred, twenty (120) days of the date when the judicial determination has not been obtained; 8) Discontinues the child’s IV-E eligibility after one-hundred, eighty (180) days of placement upon notification from the SSW that the required judicial finding has not been obtained.

1356.22 (c) 3. The State/Tribal agency has established a uniform KRS 620.170 Voluntary commitments: 472 (g)(1)&(2) procedure or system, consistent with State/Tribal law, Section (4): Any person who has consented to a child's voluntary for revocation by the parent(s) of a voluntary commitment may request the release of the child in writing placement agreement and return of the child. addressed to the cabinet. The cabinet shall within ten (10) days release the child, or, if in the opinion of the cabinet it would be in the best interest of the child to remain in the custody of the cabinet, a petition shall be filed in the court of the county of residence of the child as provided in KRS 620.030 to 620.050.

C. PAYMENTS 1355.20 (a) C. PAYMENTS KRS 605.120 Payments to home where children are 475 (4)(A) placed: 1. Foster care maintenance payments for a child in Section (1): The cabinet is authorized to expend available funds to foster care may cover the cost of (and the cost of provide for the board, lodging, and care of children who would providing) food, clothing, shelter, daily supervision, otherwise be placed in foster care or who are placed by the cabinet school supplies, a child’s personal incidentals, liability in a foster home or boarding home, or may arrange for payments or insurance with respect to the child, and reasonable contributions by any local governmental unit, or public or private travel to the child’s home for visitation with family, or agency or organization, willing to make payments or contributions other caretakers and reasonable travel for the child to for such purpose. The cabinet may accept any gift, devise, or remain in the school in which the child is enrolled at bequest made to it for its purposes. the time of placement. Local travel associated with providing the items listed above is also an allowable 922 KAR 1:350 Family preparation states in Section 13 (1)(k): Upon expense. In the case of child care institutions, such placement of a child by the cabinet, a per diem reimbursement shall: term must include the reasonable costs of 1. Be specified in a contract between an approved resource administration and operation of such institutions as foster home and the cabinet; and are necessarily required to provide the items 2. Provide for the care of a child placed by the cabinet, to described in the preceding sentences. include: k. Housing expenses; l. Food-related expenses; m. Nonmedical transportation; n. Clothing; o. Allowance; p. Incidentals; q. Babysitting, excluding childcare authorized in subsection (4)(b) of this section;

Revised October 22, 2014 r. Sports, recreation and school activities; s. One (1) day of respite care per child per month; and t. School expenses.

922 KAR 1:360 Private child care placement, level of care, and payment states in Section 10 (1) “A child-caring facility or child- placing agency shall: (c) Demonstrate its ability to provide services, either directly or by contract, appropriate to the assigned level for each child, including: 1. Room, board, and other activity contributing to housing, food, clothing, school supplies, or personal incidentals

472 (b)(1)&(2) 2. Foster care maintenance payments are made only Protection and Permanency Operating Manual: on behalf of an eligible child who is: Chapter and Section 31.8 IV-E Maintenance Payments and Expenditures a. in the foster family home of an individual, whether The CBW authorizes foster care maintenance payments to be made the payments are made to such individual or to a on behalf of an eligible child when the child is: public or private child placement or child care agency; 1. In the approved foster home of an individual, whether the or payments are made to the individual or to a public or private child placement or child care agency; 2. In a licensed child care institution, whether the payments are b. in a child care institution, whether the payments made to the institution or to a public or private child are made to such institution or to a public or private placement or child-caring agency (section 472(b)(1)&(2)); child placement or child-care agency. Such payments are limited to include only those items that are Foster care maintenance reimbursements include (section 475(4) included in the term “foster care maintenance (A)): payments” (defined in section 475(4) of the Act).  Food;  Clothing;  Shelter;  Daily supervision;  School supplies;  A child’s personal incidentals;  Liability insurance with respect to the child;  Reasonable travel to the child’s home for visitation; and Reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement.

472 (i)(1) 3. Administrative costs associated with an otherwise Protection and Permanency Operating Manual: eligible child who is in an unallowable facility or an Chapter and Section 31.8 IV-E Maintenance Payments and unapproved or unlicensed relative home, and who is Expenditures removed in accordance with section 472(a) from the Contingencies and Clarifications home of a relative specified in section 406(a)(as in 1. Kentucky does not claim administrative costs on unapproved

Revised October 22, 2014 effect on July 16, 1996), shall be considered only for or unlicensed placements (section 472 (1)(1)); expenditures: 2. When a child moves from an approved or licensed placement to an unallowable placement, the eligible child’s status is changed to non-reimbursable. (section 472 (i)(1)(B); 3. If a child is in an approved/licensed home for one day during a calendar month, Kentucky claims the entire month (section 472(i)(1)(B));

472 (i)(1)(A) a. for a period of not more than the lesser of 12 Protection and Permanency Operating Manual: months or the average length of time it takes to Chapter and Section 31.8 IV-E Maintenance Payments and license or approve a home as a foster home, in which Expenditures the child is in the home of a relative and an Contingencies and Clarifications application is pending for licensing or approval of the 1. Kentucky does not claim administrative costs on unapproved home as a foster family home; or or unlicensed placements (section 472 (1)(1)); 2. When a child moves from an approved or licensed placement to an unallowable placement, the eligible child’s status is changed to non-reimbursable. (section 472 (i)(1)(B); 472 (i)(1)(B) b. for a period of not more than 1 calendar month Protection and Permanency Operating Manual: when a child moves from a facility not eligible for Chapter and Section 31.8 IV-E Maintenance Payments and payments under this part into a foster family home or Expenditures child care institution licensed or approved by the Contingencies and Clarifications State or Tribe. 3. If a child is in an approved/licensed home for one day during a calendar month, Kentucky claims the entire month (section 472(i)(1)(B));

472 (i)(2) 4. Administrative costs associated with a child who is Cabinet for Health & Family Services Cost Allocation Plan for the potentially eligible for benefits under the approved period beginning October 1, 2013 (pages 111-112 & 119-121). title IV-E plan and at imminent risk of removal from the home, shall be considered for expenditures only KY claims Candidate costs through our approved Random Moment if: Sample as noted in the Approved Cost Allocation Pan. The RMS code for Candidate costs is EA. The definition and examples are on the first two pages. The next page shows the calculations for claiming Candidate costs.

The calculation is: P times EA% times X%

P is the RMS Cost Pool amount. EA% is the percentage EA observations. X% is the Title IV-E Penetration Rate – Foster Care

Protection and Permanency Operating Manual: 31.13 Random Moment Time Study 472 (i)(2)(A) a. reasonable efforts are being made in accordance Cabinet for Health & Family Services Cost Allocation Plan for the

Revised October 22, 2014 with section 471(a)(15) to prevent the need for, or if period beginning October 1, 2013 (pages 111-112 & 119-121). necessary to pursue, removal of the child from the home; and KY claims Candidate costs through our approved Random Moment Sample as noted in the Approved Cost Allocation Pan. The RMS code for Candidate costs is EA. The definition and examples are on the first two pages. The next page shows the calculations for claiming Candidate costs.

Protection and Permanency Operating Manual: 1.8 Prevention Planning;2.11 Investigation Protocol; 3.4 Initial In- home Case Planning Conference; 31.13 Random Moment Time Study

b. the State/Tribal agency has made, not less often Cabinet for Health & Family Services Cost Allocation Plan for the than every 6 months, a determination (or period beginning October 1, 2013 (pages 111-112 & 119-121). redetermination) as to whether the child remains at imminent risk of removal from the home. KY claims Candidate costs through our approved Random Moment Sample as noted in the Approved Cost Allocation Pan. The RMS code for Candidate costs is EA. The definition and examples are on the first two pages. The next page shows the calculations for claiming Candidate costs.

Protection and Permanency Operating Manual: 1.8 Prevention Planning; 3.12 Case Plan Evaluation and Ongoing Assessment; 3.13 Ongoing Case Planning; 11.27 Court Reports; 31.13 Random Moment Time Study 1356.21 (j) 5. Child of a minor parent in foster care. Foster care Protection and Permanency Operating Manual: 475 (4)(B) maintenance payments made on behalf of a child Chapter and Section 31.8 IV-E Maintenance Payments and placed in a foster family home or child care Expenditures institution, who is the parent of a son or daughter in The CBW authorizes foster care maintenance payments to be made the same home or institution, must include amounts on behalf of an eligible child when the child is: which are necessary to cover costs incurred on behalf 3. The child of a minor parent in foster care (see related

Revised October 22, 2014 of the child’s son or daughter. Said costs must be information for more detail) (section 475(4)(B)). limited to funds expended on those items described in the definition of foster care maintenance payments. Related Information Foster care maintenance payments made on behalf of a child placed in a foster home or child care institution, who is the parent of a son or daughter in the same home or institution, must include amounts which are necessary to cover costs incurred on behalf of the child’s son or daughter. These costs must be limited to funds used for items described in the definition of foster care maintenance payments (see definition in the introduction) (section 475(4)(B)).

D. CASE REVIEW SYSTEM 1356.21 (g) D. CASE REVIEW SYSTEM

1. Case Plan To meet the case plan requirements of sections 471(a)(16), 475(1) and 475(5)(A), (D) and (H) of the Act, the State/Tribal agency has promulgated policy materials and instructions for use by State/Tribe and local staff to determine the appropriateness of and necessity for the foster care placement of the child. The case plan for each child:

1356.21 (g)(1) a. is a written document which is a discrete part of 922 KAR 1:140. Foster care and adoption permanency services: the case record, in a format determined by the Section 3. Permanency Planning. State/Tribe, which is developed jointly with the (7) If the case conference held in compliance with KRS 620.180(2) parent(s) or guardian(s) of the child in foster care; (a)1 results in the child being placed in the custody of the cabinet, the cabinet shall develop and document a case permanency plan, using Form DPP-1281, Family Case Plan. Section 12. Incorporation by Reference. (1) “DPP-1281 Family Case Plan,” edition 9/08, is incorporated by reference.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section: 4.14 Family Attachment: 8. Contacts the biological father/mother or conducts an absent parent search within the first thirty (30) days if the father/mother is not present in the home and his whereabouts are questionable; 9. Identifies and explores placement of the child with available relatives, if known (both maternal and paternal); otherwise follows the same procedures outlined in the absent parent

Revised October 22, 2014 search in locating family members; 10. Engages the father/mother and/or family members to solicit involvement in permanency planning for the child; 11. Conducts case planning and provide needed/requested services; 12. Includes the father/mother in a regular visitation schedule that promotes and maintains attachment unless the following exists: 13. Parental rights have been terminated; or 14. Participation would be contrary to the best interest of the child

KRS 620.180 Administrative regulations (2) The cabinet shall promulgate administrative regulations to provide the following: (a) The method used to periodically review the status of children placed in foster family homes which shall include, but not be limited to, the following: 2. Within five (5) days, exclusive of weekends and holidays, of the temporary removal hearing provided for in this chapter, a case conference shall be held on all children placed with the cabinet for the purpose of establishing a specific treatment plan which may include preventive and reunification services for the child and his parent or other person exercising custodial control or supervision. Additional case conferences and reviews shall be held as appropriate, but shall be held at least every six (6) months. The parent or other person exercising custodial control or supervision and his counsel, if any, shall have the right to be present at and participate in such conferences. The child; the child's attorney, if any; the parent or other person exercising custodial control or supervision and his attorney of record, if any; and the county attorney shall be notified of, and may be present at and participate in such conferences

1356.21 (g)(2) b. is developed within a reasonable period, to be Protection and Permanency Operating Manual: established by the State/Tribe, but in no event later Chapter 4-Out of Home Care Services (OOHC), Section: 4.15 than 60 days from the child’s removal from the home; Timeframes for All OOHC: The SSW [social service worker]: (1) Convenes a five (5) day case planning conference within five (5) working days of the temporary removal hearing or placement if commitment is voluntary as outlined in SOP 4.16 Five (5) Day Conference.

KRS 620.180 Administrative regulations (2) The cabinet shall promulgate administrative regulations to

Revised October 22, 2014 provide the following: (a) The method used to periodically review the status of children placed in foster family homes which shall include, but not be limited to, the following: Within five (5) days, exclusive of weekends and holidays, of the temporary removal hearing provided for in this chapter, a case conference shall be held on all children placed with the cabinet for the purpose of establishing a specific treatment plan which may include preventive and reunification services for the child and his parent or other person exercising custodial control or supervision. Additional case conferences and reviews shall be held as appropriate, but shall be held at least every six (6) months.

KRS 620.230 Case permanency plans (1) For each child placed in the custody of the cabinet by an order of commitment, the cabinet shall file a case permanency plan for the child with the court and send a copy to the Administrative Office of the Courts Citizen Foster Care Review Board Program as soon as the plan is prepared but no later than thirty (30) days after the effective date of the order. Notwithstanding the provisions of KRS 620.090(5), if a child remains in the temporary custody of the cabinet for longer than forty-five (45) days and if a request is submitted by the Administrative Office of the Courts Citizen Foster Care Review Board Program, the cabinet shall provide a copy of the case permanency plan for the child. 1356.21 (g)(4) c. includes a description of the services offered and KRS 620.230 Case permanency plans (2) The case permanency plan provided to prevent removal of the child from the shall include, but need not be limited to: home and to reunify the family; (b) A statement of the actions which have been taken with regard to the child to the date of the plan; (f) If the child is placed outside the home, reasons why the child cannot be protected adequately in the home, the harms the child may suffer if left in the home, factors which may indicate when the child can be returned to the home, and efforts the cabinet or others are making to return the child to the home; (i) A description of the services for the child and his family to be provided or arranged by the cabinet to facilitate the return of the child to his own home or to another permanent placement;

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section: 4.35 Ongoing Case Procedures: The FSOS [family service office supervisor] or designee: 1) Ensures that during the periodic review, the following occurs: a) A discussion of the problems that are barriers to the child’s

Revised October 22, 2014 safe return home or other permanent placement and the progress of the family and child to overcoming each barrier; b) A review of the appropriateness of services, including assessment and recommendations from community partners, whether services are being provided according to schedule and whether the parties, including identified fathers as outlined in SOP 4.14 Family Attachment and Involvement with expectations set for them are complying with those expectations

475 (1)(A) d. includes a description of the type of home or KRS 620.230 Case permanency plans states in Section (2)(g) “The institution in which the child is placed; case permanency plan shall include, but need not be limited to: A description of the type of home, child-caring facility, child-placing agency or facility in the child is to be placed or has been placed, and a statement why the placement is appropriate for the child.”

Protection and Permanency Manual: Chapter 4-Out of Home Care Services (OOHC), Section: 4.35 Ongoing Case Procedures: The FSOS [family service office supervisor] or designee (1) [e]nsures that during the periodic review, the following occurs: (h) information regarding the child’s current placement and any consideration being given to change in placement is presented to conference participants. 475 (1)(A) e. includes a discussion of the safety and KRS 620.230 Case permanency plans: appropriateness of the placement and how the Section (2) The case permanency plan shall include, but need not be responsible agency plans to carry out the judicial limited to: determination made with respect to the child in (c) A statement of the proposed actions which may be taken or accordance with section 472(a)(2)(A) of the Act; are contemplated with regard to the child during the next six (6) months and during the entire duration of the time the child is in [472 (a)(2)(A): The removal and foster care the custody of the cabinet; placement are in accordance with a voluntary (e) If the child is placed outside the home, reasons why the child placement or a judicial determination that cannot be protected adequately in the home, the harms the child continuation in the home would be contrary to the may suffer if left in the home, factors which may indicate when welfare of the child and that reasonable efforts have the child can be returned to the home, and efforts the cabinet or been made.] others are making to return the child to the home; (i) A description of the services for the child and his family to be provided or arranged by the cabinet to facilitate the return of the child to his own home or to another permanent placement;

KRS 620.240 Case progress reports: (4) A description of the efforts and progress of the parents since the last case permanency plan and case progress report, including the number and dates of parental visits and the extent, quality, and

Revised October 22, 2014 frequency of the parents' communication with the child; (5) The barriers, familial and institutional, to returning the child home or releasing the child from the custody of the cabinet and services that are not currently available in the community; (7) Recommendations for necessary services required to release the child from the custody of the cabinet, to return the child home, or to facilitate another permanent placement.

475 (1)(B) f. includes a plan for assuring that the child receives KRS 620.230 Case permanency plans states in Section (2) The case safe and proper care, and services are provided to the permanency plan shall include, but need not be limited to: parent(s), child and foster parents in order to improve (c) A statement of the proposed actions which may be taken or the conditions in the parent’s parents’ home to are contemplated with regard to the child during the next six (6) facilitate the child’s return to his/her own safe home months and during the entire duration of the time the child is in or the permanent placement of the child; the custody of the cabinet; (e) If the child is placed outside the home, reasons why the child cannot be protected adequately in the home, the harms the child may suffer if left in the home, factors which may indicate when the child can be returned to the home, and efforts the cabinet or others are making to return the child to the home; (f) If the child is placed outside the home, the steps that the cabinet will take to minimize the harm to the child as a result of the action, both at the time of removal and on a long-term basis.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section: 4.35 Ongoing Case Procedures: The FSOS [family service office supervisor] or designee: 1) Ensures that during the periodic review, the following occurs: (a) A discussion of the problems that are barriers to the child’s safe return home or other permanent placement and the progress of the family and child to overcoming each barrier 475 (1)(B) g. includes a plan for assuring that services are KRS 620.230 Case permanency plans states in Section (2) provided to the child and foster parents in order to (c): A statement of the proposed actions which may be taken or are address the needs of the child while in foster care contemplated with regard to the child during the next six (6) months and during the entire duration of the time the child is in the custody of the cabinet

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section 4.16 Five (5) Day Conference: The SSW [social services worker]… 7) Includes the following information in the case plan that is submitted to the court:

Revised October 22, 2014 C. A plan for assuring that services are provided to the child and foster parents in order to address the needs of the child while in foster care;

Chapter 4-Out of Home Care Services (OOHC), Section: 4.35 Ongoing Case Procedures: The FSOS [family service office supervisor] or designee… 2) Ensures that during the periodic review, the following occurs: D. The child’s health, including mental health and educational history and current status are reviewed and the plan for meeting the child’s needs is reviewed and, if appropriate, revised (Title IV-E of the Social Security Act); 3) Ensures that the case plan documentation includes (in accordance with provisions of Title IV-E of Social Security Act): B. A plan for assuring that services are provided to the child and placement provider as necessary to support the placement and meet needs of the child while in foster care

475 (1)(B) h. includes a discussion of the appropriateness of the KRS 620.230 Case permanency plans (2) The case permanency plan services that have been provided to the child under shall include, but need not be limited to: the plan (b) A statement of the actions which have been taken with regard to the child to the date of the plan;

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section: 4.35 Ongoing Case Procedures: The FSOS [family service office supervisor] or designee…(1) [e]nsures that during the periodic review, the following occurs… (b) A review of the appropriateness of services, including assessment and recommendations from community partners, whether services are being provided according to schedule and whether the parties, including identified fathers as outlined in SOP 4.14 Family Attachment and Involvement with expectations set for them are complying with those expectations; (f) [t]he child’s health, including mental health and educational history and current status are reviewed and the plan for meeting the child’s needs is reviewed and, if appropriate, revised… 475 (1)(D) i. where appropriate for a child 16 or over, includes a Protection and Permanency Operating Manual: Chapter 4-Out of written description of the programs and services Home Care Services (OOHC); Section: 4.35 Ongoing Case Planning which will help such child prepare for the transition states: The FSOS or designee: from foster care to independent living; 1. Ensures that during the periodic review, the following occurs: (G) The case plan for all youth age twelve (12) or over, regardless of their permanency goal or disability, includes a

Revised October 22, 2014 description of the programs and services which will assist the youth in preparing for the transition to adulthood as outlined in SOP 4.29.1 Independent Living Services; (H) The case plan for all youth ages seventeen (17) or over, includes a Transition Plan that is reviewed during the case planning conference and thereafter at subsequent periodic reviews

475 (5)(H) j. during the 90-day period immediately prior to the Protection and Permanency Operating Manual: Chapter 4-Out of date on which the child will attain 18 years of age, or Home Care Services (OOHC); Section: 4.35 Ongoing Case Planning such greater age as the state may elect under section states: The FSOS or designee: 475 (8)(B)(iii), whether during that period foster care 1. Ensures that during the periodic review, the following occurs: maintenance payments are being made on the child’s (G) The case plan for all youth age twelve (12) or over, behalf or the child is receiving benefits or services regardless of their permanency goal or disability, includes a under section 477, a caseworker on the staff of the description of the programs and services which will assist the State/Tribal agency, and, as appropriate, other youth in preparing for the transition to adulthood as outlined in representatives of the child provide the child with SOP 4.29.1 Independent Living Services; assistance and support in developing a transition plan (H) The case plan for all youth ages seventeen (17) or over, that is personalized at the direction of the child, includes a Transition Plan that is reviewed during the case includes specific options on housing, health insurance, planning conference and thereafter at subsequent periodic education, local opportunities for mentors and reviews continuing support services, and work force supports and employment services, includes information about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under state/tribal law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document under state/tribal law, and is as detailed as the child may elect; 1356.21 (g)(5) k. documents the steps to finalize a placement when Protection and Permanency Operating Manual: 475 (1)(E) the case plan goal is or becomes adoption or Chapter 4-Out of Home Care Services (OOHC), Section: 4.35 placement in another permanent home in accordance Ongoing Case Procedures: The FSOS [family service office with sections 475(1)(E) and (5)(E) of the Act. When supervisor] or designee: the case plan goal is adoption, at a minimum such (3) Ensures that the case plan documentation includes (in documentation shall include child-specific recruitment accordance with provisions of Title IV-E of Social Security Act): efforts such as the use of Tribal, State, regional, and (D) Documentation of the child specific efforts being taken to national adoption exchanges including electronic finalize a permanent placement for the child, including efforts exchange systems to facilitate orderly and timely in- to identify, recruit, process or approve a qualified family for: State and interstate placements; i) An adoption;

Revised October 22, 2014 ii) A relative placement; iii) A legal guardianship placement

Practice Guidance: Child specific recruitment efforts to find a permanent placement may include such efforts as tribal, state, regional and national adoption exchanges, and electronic exchange systems in order to facilitate orderly and timely in state and interstate placements… 475 (1)(F) l. For a child with respect to whom the permanency N/A—Kentucky does not offer kinship guardian assistance payments. plan is placement with a relative and receipt of kinship guardian assistance payments [emphasis added], the State/Tribal agency shall include in the case plan a description of [emphasis added]:

i. the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted;

ii. the reasons for any separation of siblings during placement;

iii. the reasons why a permanent placement with a fit and willing relative through a kinship guardianship assistance arrangement is in the child’s best interests;

iv. the ways in which the child meets the eligibility requirements for a kinship guardianship assistance payment;

v. the efforts the State/Tribal agency has made to discuss adoption by the child’s relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons; and

vi. the efforts made by the State/Tribal agency to discuss with the child’s parent or parents the kinship guardianship assistance arrangement, or the reasons why the efforts were not made.

(See also Section 6 Guardianship Assistance Program Case Plan Requirements.)

Revised October 22, 2014 1356.21 (g)(3) m. includes a discussion of how the case plan is KRS 620.230 Case permanency plans: Section (2)(h) The case 475 (5)(A) designed to achieve a safe placement for the child in permanency plan shall include,…if the placement is outside the the least restrictive (most family-like) setting child’s original county of residence, documentation that no closer available and in close proximity to the home of the placement is appropriate or available, and the reasons why the parent(s) when the case plan goal is reunification and placement was chosen. a discussion of how the placement is consistent with the best interests and special needs of the child; 922 KAR 1:140 Foster care and adoption permanency services: Section 3(3): Upon removal of a child from the child’s home: Placement shall be: Selected according to the least restrictive appropriate placement available, as required by KRS 620.090(2); and Closest in proximity to the child’s home, in accordance with KRS 199.801

922 KAR 1:310 Standards for child-placing agencies: Section 14(5): The foster home selected for placement shall be the most appropriate home based on the child’s needs and the strengths of the foster family. The foster home shall be located as close as possible to the home of the family of origin, in order to facilitate visiting and reunification.

KRS 620.090 Temporary custody orders: Section (2): In placing a child under an order of temporary custody, the cabinet or its designee shall use the least restrictive appropriate placement available.

KRS 199.801 Procedure for placement of children who are in custody of department: Section (2) and (3) In consultation with the social service worker, the district placement coordinator shall determine the appropriate type of placement according to the child’s circumstance and needs and shall attempt to locate the appropriate placement within the child’s home county. The living arrangement and placement selected for the child shall be the type of facility that is determined to be the best alternative for the child that is in the closest proximity to the child’s home county.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC); Section: 4.10 Placement in a DCBS Resource Home: The SSW [social service worker]: 1) Seeks placement for a child in an approved DCBS resource home only when an appropriate relative home is not available; 2) Reviews the following information prior to making a decision to

Revised October 22, 2014 place a child in a DCBS resource home: A) Information about the child and family found in the CQA; B) The child’s level of care assignment, if available; C) Any available documents regarding the child’s physical, mental health and educational background; and D) The case plan 475 (5)(A)(i) n. if the child has been placed in a foster family home KRS 620.230 Case permanency plan states in Section (2)(h): If the or child-care institution a substantial distance from placement is outside the child’s original county of residence, the home of the parent(s), or in a different State, sets documentation that no closer placement is appropriate or available, forth the reasons why such a placement is in the best and the reasons why the placement made was chosen. interests of the child; Family Case Plan Document 475 (5)(A)(ii) o. if the child has been placed in foster care in a State 922 KAR 1:370 Criteria for out-of-state placement l states in Section or service area outside the State in which the child's 1(7): Through the Interstate Compact on Placement of Children, the parent(s) are located, assures that an agency Department for Community-Based Services shall request courtesy caseworker on the staff of the State or Tribal agency supervision for each child placed in an out-of-state facility. The of the State or service area in which the home of the department shall also request a report every six (6) months as a parents of the child is located, of the State or service result of the courtesy supervision. area in which the child has been placed, or of a private agency under contract with either such State KRS 615.030 Interstate compact states in Article I(b): The or Tribe, visits the child in such foster home or appropriate authorities in a state where a child is to be placed may institution no less frequently than every 6 months and have full opportunity to ascertain the circumstances of the proposed submits a report on the visit to the State or Tribal placement, thereby promoting full compliance with applicable agency of the State or service area where the home requirements for the protection of the child. of the child's parent(s) is located; Protection and Permanency Operating Manual: SOP 4.51 Out of State Placement (1) states that the regional placement coordinator [c]onsults with the Children’s Review Program (CRP) statewide placement office…when it has been determined that a child needs the services of an out-of-state facility and all in-state possibilities have been exhausted; and (7) The SSW [social services worker] visits with children in out of state residential placements at least annually.

The child is placed following the execution of the “Out of State Placement Agreement.” The Out of State Placement Agreement requires the provider in (1)(7) to provide reports as requested by the DCBS Family Services Worker related to providing services to the child.

475 (1)(G) p. a plan for ensuring the educational stability of the [475 (1)(G)(o)(i) and (ii) child while in foster care, including-- Case plan requirements includes provisions for placing the child in

Revised October 22, 2014 i. assurances that the placement of the child in close proximity to their original county of residence. For the foster care takes into account the appropriateness majority of children entering care, the county of residence also of the current educational setting and the proximity determines school district: to the school in which the child is enrolled at the KRS 620.230 Case permanency plans: time of placement; and Section (2)(g): A description of type of home, child-caring facility, child-placing agency or facility in which the child is to be placed or ii. an assurance that the State/Tribal agency has has been placed, and a statement why the placement is appropriate coordinated with appropriate local educational for the child, including but not limited to: Educational needs. agencies (as defined under section 9101 of the Elementary and Secondary Education Act of 1965) [475 (1)(G)(o)(iii) to ensure that the child remains in the school in KRS 605.110 …Educational programs for committed children states which the child is enrolled at the time of in Section (3)(e): When the placement of a state agency child is placement; or changed so that the state agency child must transfer from one school or educational facility to a different school or educational iii. if remaining in such school is not in the best facility, the school or educational facility that the state agency child interests of the child, assurances by the is leaving shall, within two (2) days of the state agency child leaving, State/Tribal agency and the local educational prepare an educational passport for the child, which shall be agencies to provide immediate and appropriate delivered to the cabinet or the Department of Juvenile Justice. The enrollment in a new school, with all of the cabinet or the Department of Juvenile Justice shall, within two (2) educational records of the child provided to the days of enrolling a state agency child in a new school or educational school; and facility, present the educational passport to the receiving school or educational facility.

KRS 605.160 Provision of information for those caring for committed children – Show cause hearing states Section 1: The cabinet, the Department of Juvenile Justice, and the Kentucky Department of Education shall develop a process that will result in the provision and transfer of information as required by KRS 158.137, 605.090, 605.110, 610.120, 620.145, and this section in a timely and efficient manner, including: Medical passport or history; Educational passport; Treatment history; and Current case plan.

922 KAR 1:140 Foster care and adoption permanency services states in Section 3(7): If the case conference held in compliance with KRS 620.180(2)(a)1 results in the child being placed in the custody of the cabinet , the cabinet shall develop and document a case permanency plan, using Form Dpp-1281, Family Case Plan.” The DPP-1281 asks for information concerning the child’s immunization record, primary physician, next health examination, name and address of school, history of educational problems or needs, and assessment of educational needs.

4.17 Preparation for and Five (5) Day Conference

Revised October 22, 2014 9. Ensures the following components are documented on the case plan (in accordance with provisions of Title IV-E of the Social Security Act): J. Objectives, tasks or other notes that constitute a plan for the child’s educational stability (reference SOP 4.28 Meeting Educational Needs) as required by Sec 475 (1)(g) and Sec 471 (a)(30) of the Social Security Act, including: i. Assurances that the each placement takes into account the appropriateness of the child’s current school setting, as well as the proximity of the placement to the child’s current school at the time of placement; ii. Assurances that the cabinet coordinated with the local school board to insure the child is able to attend the same school where enrolled at the time of each placement; and iii. Assurances that, when a change of schools is necessary, the child will be immediately enrolled in an appropriate school, with all of the educational records of the child provided to the new school; iv. Verification that a child, who has attained the minimum age for compulsory school attendance, is attending school in accordance with state law; or v. Regularly updated medical documentation that verifies that a child is incapable of attending school; 4

4.18 Ongoing Case Planning J. Ensures that the following components are always documented on the case plan documentation includes (in accordance with provisions of Title IV-E of Social S Objectives, tasks or other notes that constitute a plan for the child’s educational stability (reference SOP 4.28 Meeting Educational Needs) as required by Sec 475 (1)(g) and Sec 471 (a)(30) of the Social Security Act, including: 1. Assurances that each placement takes into account the appropriateness of the child’s current school setting, as well as the proximity of the placement to the child’s current school at the time of placement; 2. Assurances that the cabinet coordinated with the local school board to insure the child is able to attend the same school where enrolled at the time of each placement; and 3. Assurances that, when a change of schools is necessary, the child will be immediately enrolled in an appropriate school, with all of the educational records of the child

Revised October 22, 2014 provided to the new school; 4. Verification that a child, who has attained the minimum age for compulsory school attendance, is attending school in accordance with state law; or

Regularly updated medical documentation that verifies that a child is incapable of attending school; 2 3 (Addendum added on 4/30/2012)

475 (1)(C) The case plan for each child: KRS 620.230 Case permanency plans states in Section (2)(g): The case permanency plan shall include, but need not be limited to: … a q. incorporates the health and education records of statement why the placement is appropriate for the child, including the child including the most recent information but not limited to: Age; Educational needs; Medical needs; available regarding: Emotional needs; Relationship with parents; and Number of children authorized to care for and the number of children currently residing i. the names and addresses of the child's health in the home. and educational providers; ii. the child's grade level performance; 922 KAR 1:140 Foster care and adoption permanency services states iii. the child's school record; in Section 3(7): If the case conference held in compliance with KRS iv. a record of the child's immunizations; 620.180(2)(a)1 results in the child being placed in the custody of the v. the child's known medical problems; cabinet , the cabinet shall develop and document a case vi. the child's medications; and permanency plan, using form DPP-1281 Family Case Plan. The vii. any other relevant health and education DPP-1281 asks for information concerning the child’s immunization information concerning the child determined to record, primary physician, next health examination, name and be appropriate by the State/Tribal agency. address of school, history of educational problems or needs, and assessment of educational needs.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section 4.35 Ongoing Case Planning: The FSOS or designee: A. A plan for assuring that services are provided to the placement provider as necessary to support the placement and meet needs of the child while in foster care (Sec 475 (1)(b). Such a plan should incorporate documentation pertaining to health and education records (Sec 475 (1)(c): 1. the names and addresses of the child's health and educational providers; 2. the child's grade level performance; 3. the child's school record; 4. a record of the child's immunizations; 5. the child's known medical problems; 6. the child's medications

Revised October 22, 2014 Chapter 4-Out of Home Care Services (OOHC); Section: 4.26.1 Medical Passport

Chapter 4-Out of Home Care Services (OOHC); Section: 4.28.3 Educational Passport

1356.21 (f) 2. Case Review

The State/Tribal agency has a case review system which meets the requirements of sections 475(5) and 475(6) of the Act [reference pgs 16-26, 49, 50-51, and 55 of this document] and assures that:

475 (5)(B) a. a review of each child's status is made no less Protection and Permanency Operating Manual: Chapter 4-Out of frequently than once every six months either by a Home Care Services (OOHC) ; Section: 4.35 Ongoing Case Planning court or by an administrative review to: : The SSW [social service worker]: 1. Holds case planning conference periodic reviews as appropriate i. determine the safety of the child, the or as needed, but is required to hold one within six (6) months continuing need for and appropriateness of the of a child’s temporary removal hearing and/or order of placement; temporary custody or placement date of a voluntary ii. determine the extent of compliance with the commitment; case plan; 2. Holds subsequent periodic reviews within six (6) months of the iii. determine the extent of progress made previous review when the child remains in OOHC; toward alleviating or mitigating the causes 3. Submits a case plan, at minimum, once every six (6) months to necessitating the placement; and the court; 4. Consults with the FSOS or regional staff prior to changing the goal (refer to Permanency Goals in OOHC Cases Tip Sheet). iv. project a likely date by which the child may be returned and safely maintained at home or placed The FSOS or designee: for adoption or legal guardianship; and 1. Ensures that during the periodic review, the following occurs: A) A discussion of the problems that are barriers to the child’s safe return home or other permanent placement and the progress of the family and child to overcoming each barrier; B) A review of the appropriateness of services, including assessment and recommendations from community partners, whether services are being provided according to schedule and whether the parties, including identified fathers as outlined in SOP 4.14 Family Attachment and Involvement with expectations set for them are complying with those expectations; C) A decision is made, based on (a) and (b) above, whether the child may be returned home immediately and safely maintained in the home; D) When the child remains in OOHC, consideration is given to converting the case to concurrent planning, if it is not already;

Revised October 22, 2014 E) The case plan may be made concurrent as outlined in 4.19 Consideration/ Implementation of Concurrent Planning for Permanency to reflect both reasonable efforts to reunite the child with the family and a plan to place a child for adoption; F) Assesses the progress of the family during the periodic review using the CQA, case plan and Visitation Checklist/Summary;

Practice Guidance: A target date (month and year) for achievement of the permanency goal is established. 475 (6) b. if an administrative review is conducted, the Protection and Permanency Operating Manual: following requirements will be met: Chapter 4-Out of Home Care Services (OOHC), Section: 4.20 Participants i. the review will be open to the participation of The SSW [social services worker]: the parents of the child; and 1. Is required to invite the following individuals, not inclusive in case planning: a. Both legal and biological parents, absent parents, non- ii. the review will be conducted by a panel of custodial parents and family members, including identified appropriate persons, at least one of whom is not fathers as outlined in SOP 4.14 Family Attachment and responsible for the case management of, or Involvement; delivery of services to either the child or the b. Children, six (6) years of age and older (unless there is a parents who are the subject of the review. clinical justification for not doing so or the SSW has evaluated the child and deems it not in child’s best interest to participate); c. Other Cabinet staff involved, which may include the designated swift chair when the child’s permanency goal is being changed to adoption and at subsequent case planning conferences as outlined in SOP 13.3 Swift Adoptions; d. Objective third party as required for periodic reviews; e. Parent’s attorney, if applicable; f. Child’s attorney, Guardian Ad Litem; g. County attorney; h. Caregiver (foster parents, PCC provider, relative, etc.); and i. Court Appointed Special Advocate (CASA); 2. Is required to notify all participants of any case planning conference, ten (10) calendar days prior to the conference for all OOHC cases, excluding the five (5) day conference; 3. Notifies legal parents, biological parents, and/or guardians by certified mail; 4. Documents attempts to notify absent parents and noncustodial parents;

Revised October 22, 2014 Chapter 4-Out of Home Care Services (OOHC) ; Section: 4.35 Ongoing Case Planning Practice Guidance:  While the participation of the child’s parents is important, the review is required within six (6) months of the child’s temporary removal hearing/placement or the last periodic review, even when the parents do not attend.  When the goal continues to be “Return to Parent” and the parent has made minimal progress, justification of that goal is provided on the case plan.  Public Law 96-272 (IV-E) requires the participation of one objective third party in the periodic review, who is not: . The case manager; . In the line of supervision for the case; or . Involved in the delivery of services to either the child or the parents.  Periodic reviews are scheduled on a day and time when primary participants can attend.  Participants are encouraged to attend, in part by convenience of schedule and sufficient notice.

1356.21 (h) 3. Permanency Hearing KRS 610.125 Permanency Hearing After Custody Given to Cabinet 475 (5)(C) states in Section (1): If a child has been removed from the home a. To meet the requirements of the permanency and placed in the custody of the Department of Juvenile Justice or hearing, the State/Tribe holds permanency hearings the cabinet, a judge of the District Court shall conduct a permanency for all children under the responsibility for placement hearing no later than twelve (12) months after the date the child is and care of the title IV-E/IV-B agency, including considered to have entered foster care, and every twelve (12) children for whom the State/Tribe claims Federal months thereafter if custody and out-of-home placement continues, reimbursement for the costs of voluntary foster care to determine the future status of the child. maintenance payments.

1356.21 (h) b. The permanency hearing takes place within 12 KRS 610.125 Permanency hearing after custody given to cabinet 475 (5)(C) months of the date the child is considered to have states in Section (1): If a child has been removed from the home entered foster care (as defined within the meaning of and placed in the custody of the Department of Juvenile Justice or 475(5)(F)) and not less frequently than every 12 the cabinet, a judge of the District Court shall conduct a permanency months thereafter during the continuation of foster hearing no later than twelve (12) months after the date the child is care. considered to have entered foster care, and every twelve (12) months thereafter if custody and out-of-home placement continues, to determine the future status of the child.

1356.21 (h)(2) c. When a court determines that reasonable efforts to KRS 610.125 Permanency hearing after custody given to cabinet 471 (a)(15)(E)(i) return the child home are not required, a permanency states in Section (2): If the cabinet or the Department of Juvenile hearing is held within 30 days of that determination, Justice determines that reasonable efforts to reunify the child with

Revised October 22, 2014 unless the requirements of the permanency hearing the child's parent will not be made, the cabinet or Department of are fulfilled at the hearing in which the court Juvenile Justice shall file a case permanency plan as defined by KRS determines that reasonable efforts to reunify the child 620.230 or case progress report with the court that documents the and family are not required. reasons for not making reasonable efforts. The court shall hold a permanency hearing within thirty (30) days of the filing of the cabinet's or Department of Juvenile Justice's plan or report with the Court.

1356.21 (b)(3) d. For the purposes of this requirement, a 610.125 Permanency hearing after custody given to Department of 475 (5)(C) permanency hearing shall determine: Juvenile Justice or cabinet (1) and (4) 471 (a)(15)(E)(i) 610.125 (1): If a child has been removed from the home and placed i. the permanency plan for the child that in the custody of…the cabinet, a judge of the District Court shall includes whether, and if applicable when, the conduct a permanency hearing no later than twelve (12) months child will be returned to the parent, or placed for after the date the child is considered to have entered foster care, adoption and the State/Tribe will file a petition and…[t]he court shall address the following areas: for termination of parental rights, or referred to (a) If parental rights have not been terminated, whether the legal guardianship, or (in cases where the child should be returned to the parent; State/Tribal agency has documented to the court (b) Whether the child should be placed for adoption; a compelling reason for determining that it would (c) Whether the child should be placed with a permanent not be in the best interest of the child to return custodian; and home, be referred for termination of parental (d) Whether the cabinet has documented a compelling reason rights, or be placed for adoption, with a fit and that it is in the best interest of the child to be placed in another willing relative, or with a legal guardian) placed planned permanent living arrangement other than those listed in in another planned permanent living this subsection. arrangement; ii. in the case of a child who will not be returned Section (4) “The Department of Juvenile Justice or the cabinet shall to the parent, the hearing shall consider in- present evidence to the court concerning the care and progress of State/Tribal service area and out-of-State/Tribal the child since the last permanency hearing, including the following: service area placement options; (b) The number, location, and date for each placement during the iii. in the case of a child placed out of the total period of the child's commitment; State/tribal service area in which the home of the (f) Recommendations of services needed to make the transition from parent(s) of the child is located, the hearing shall out-of-home care to independent living for children who have determine whether the out-of-State/tribal service reached the age of sixteen (16) years; area placement continues to be appropriate and (g) An evaluation of the child's current placement and services in the best interests of the child; provided to the child iv. in the case of a child who has attained age 16, the services needed to assist the child to make State notation regarding item iii: The state requires the evaluation the transition from foster care to independent of the placement regardless of whether or not the placement is out living; and of state.

(Safeguards Regarding Consultation With Child) v. in any permanency hearing held with respect 610.060 Duty of court upon formal proceeding -- Right to attend to the child, including any hearing regarding the proceeding -- Payment for counsel: transition of the child from foster care to (1) If the Circuit or District Court determines that a formal

Revised October 22, 2014 independent living, procedural safeguards shall proceeding is required in the interest of the child or to determine the be applied to assure the court or administrative truth or falsity of the allegations against the child, …the court shall, body conducting the hearing consults, in an age- when the child is brought before the court: (a)...shall appoint appropriate manner, with the child regarding the counsel for the child, as provided in subsection (2) of this section proposed permanency or transition plan for the child. 475 (5)(C) e. Procedural safeguards are also to be applied with (General Safeguards--would be applied to any aspect of parental respect to parental rights pertaining to the removal of rights with regard to removal, visitation, or a change in placement.) the child from the home of his/her parents, to a KRS 620.155 Appeals: change in the child's placement, and to any Any interested party aggrieved by a proceeding under KRS 610.010 determination affecting visitation privileges of (2) (d) [a reference to district court jurisdiction pertaining to parents. juveniles found to be dependent, neglected, or abused] including the parent, child, guardian ad litem, the cabinet, and the county attorney may appeal from the juvenile court to the Circuit Court as a matter of right in the manner provided in the Kentucky Rules of Civil Procedure. The Circuit Court may order that the child may be removed to a suitable place, pending the appeal, if it appears by affidavit or sworn testimony that the child would be in imminent danger if left with or returned to his or her parents, guardian, or other person party to the appeal.

(Removal of the Child) KRS 620.110 Petition for immediate entitlement to custody: Any person aggrieved by the issuance of a temporary removal order may file a petition in Circuit Court for immediate entitlement to custody and a hearing shall be expeditiously held according to the Rules of Civil Procedure. During the pendency of the petition for immediate entitlement the orders of the District Court shall remain in effect.

(Visitation—3 references) 1) KRS 620.150 Visitation: Following an order that a child shall be removed from his home, the cabinet shall establish such terms and conditions of visitation with the child after consultation with the parent or other person exercising custodial control or supervision of the child. If the parent or other person is dissatisfied with the visitation schedule, they may petition the court for review of the visitation schedule. The court, after reviewing all of the circumstances surrounding the case, may alter the visitation schedule if it finds the schedule set up by the cabinet has been arbitrary or unreasonable.

2) DPP-154A Notice of Intended Action

Revised October 22, 2014 3) 922 KAR 1:320. Service appeals: Section 2. Right to Appeal. (1) A parent may request review of the following through an administrative hearing: (a) Denial, reduction, modification, suspension, or termination of child welfare services provided by the cabinet.

(Placement Safeguards—3 references—Per agency procedure, the parent would be consulted about changes when circumstances permit, would always receive notice about such changes, and could request a court review through district court per 1) KRS 620.155 Appeals.):

1) Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC) Section: 4.10 Placement in a DCBS Resource Home The SSW: 2. Seeks consultation from members of the family team, especially the child, regarding placement decisions

2) Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC); Section: 4.46 Movement from a DCBS Resource Home Procedure The SSW: 1. Follows guidelines found on Placement Change Tip Sheet in addition to the following procedures when it is determined that movement of a child from a DCBS resource home is necessary in order to accomplish timely legal permanence

3) Protection and Permanency Operating Manua: Placement Change Tip Sheet  Attempt to notify the parent of the placement change by the next working day in an emergency situation.  Send the parent a DPP-154A Notice of Intended Action, ten (10) days prior to the move if parental rights are intact.

1356.21 (h)(3) f. If the State/Tribe concludes, after considering KRS 610.125 Permanency hearing after custody given to Department reunification, adoption, legal guardianship, or of Juvenile Justice or cabinet (1): If a child has been removed from permanent placement with a fit and willing relative, the home and placed in the custody of…the cabinet, a judge of the that the most appropriate permanency plan for a child District Court shall conduct a permanency hearing no later than is placement in another planned permanent living twelve (12) months after the date the child is considered to have arrangement, the State/Tribe will document to the entered foster care, and…address the following areas:

Revised October 22, 2014 court the compelling reason for the alternate plan. (a) If parental rights have not been terminated, whether the child should be returned to the parent; (b) Whether the child should be placed for adoption; (c) Whether the child should be placed with a permanent custodian; and (d) Whether the cabinet has documented a compelling reason that it is in the best interest of the child to be placed in another planned permanent living arrangement other than those listed in this subsection.

1356.21 (h)(4) g. When an administrative body, appointed or N/A: In Kentucky, only the court of jurisdiction conducts approved by the court, conducts the permanency permanency hearings for children in the custody or commitment of hearing, the procedural safeguards set forth in the the state agency. definition of permanency hearing will be extended by the administrative body.

475 (5)(D) 4. Health and Education Records Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC), Section 4.35 Ongoing Case Planning: a. A child's health and education records are The FSOS or designee: reviewed and updated, and a copy of the record is 1) Ensures that during the periodic review, the following occurs: supplied to the foster parent or foster care provider F) The child’s health, including mental health and educational with whom the child is placed, at the time of each history and current status are reviewed and the plan for meeting placement of the child in foster care. the child’s needs is reviewed and, if appropriate, revised;

Protection and Permanency Operating Manual: Chapter 4—Out of b. The child's health and education records are Home Care Services; 4.26.1 Medical Passport: supplied to the child at no cost at the time the child The SSW: leaves foster care if the child is leaving foster care by 2) Provides the medical passport to the caregiver upon initial reason of having attained the age of majority under removal and ensures the medical passport stays with the child State/Tribe law. throughout his/her stay in out of home care (OOHC); 3) Utilizes the medical passport forms to document the physical and mental health care services that a child received prior to entry, and after entry into OOHC; 4) Provides the child’s medical passport to the child’s custodian and maintains a copy of the medical passport in the case file when the child is released from Cabinet commitment.

Protection and Permanency Operating Manual: Chapter 4—Out of Home Care Services; 4.28.3 Educational Passport: The SSW: 1) Requests that the sending school or facility prepare the Educational Passport for the child and deliver it to the SSW within two (2) days of the child leaving the school, when a child in OOHC

Revised October 22, 2014 will leave one school or educational facility to attend another; 2) Presents the educational passport to the new school or educational facility within two (2) days of the child’s enrollment, and documents this in TWIST contact screens; 3) Includes information from an educational passport in the CQA and addresses services that meet the needs of the child in the child/youth action plan section of the case plan.

Protection and Permanency Operating Manual: Chapter 4.29.2 Transition Planning for OOHC Youth For youth aging out of OOHC or recommitting, the SSW [social services worker]: 5) Provides the youth with the following items (when available) prior to transition of a youth from OOHC to employment, education nor other setting (these items are provided at no cost to the youth): B) Information about the youth’s personal and family health, including a list of health care providers; E) Pictures or Lifebook; F) List of all schools attended; G) Information about the youth’s educational history

KRS 620.145 Cabinet’s Assessment of Child’s Educational Needs states in Section (6): The Cabinet for Health and Family Services shall provide a copy of the assessment required by subsection (1) of this section to the foster parent, or other agency or entity providing residential care to a committed child, within five (5) days of filing the assessment with the court.

1356.21 (o) 5. Notice KRS 610.125 Permanency Hearing After Custody Given to Cabinet 475 (5)(G) (3) The Department of Juvenile Justice or the cabinet shall inform The State/Tribe provides the foster parent(s) of a the court not less than sixty (60) days prior to the expiration of the child and any pre-adoptive parent or relative time in which the hearing shall be held and within the time providing care for the child with timely notice of and a established in subsection (1) of this section, and shall further inform right to be heard in any proceeding to be held with the court of the name and address of the child's foster parents, respect to the child during the time the child is in the preadoptive parents, or relatives providing care to the child; court- care of such foster parent, pre-adoptive parent, or appointed special advocate; and foster care review board member relative caregiver. Notice of and a right to be heard assigned to the case. For the hearing to be held pursuant to does not require the State/Tribe to make the subsection (2) of this section, the names and addresses of the caregiver a party to the proceeding. persons identified in this subsection shall be provided in the case permanency plan or case progress report to be filed with the court. The court shall set a time for the hearing and notify the child's parent, foster parents, preadoptive parents, or relatives providing care to the child; court-appointed special advocate; foster care review board member assigned to the case; attorney for the child;

Revised October 22, 2014 attorney for the parent, if any; and the Department of Juvenile Justice or the cabinet.

(5) The child's parent, foster parent, preadoptive parent, relative providing care to the child, attorney for the parent, attorney for the child, or court-appointed special advocate, if deemed appropriate by the court, may present any evidence relevant to the determination of a permanency goal for the child. 475 (5)(I) 6. Annual Credit Reports Chapter and Section 4.65 Credit Reports for Youth in Foster Care

Each child in foster care under the responsibility of the State/Tribal agency who has attained 16 years of age receives without cost a copy of any consumer report (as defined in section 603(d) of the Fair Credit Reporting Act) pertaining to the child each year until the child is discharged from care, and receives assistance (including, when feasible, from any court- appointed advocate for the child) in interpreting and resolving any inaccuracies in the report.

E. MEDICAL AND SOCIAL SERVICES 472 (h)(1) E. MEDICAL AND SOCIAL SERVICES E1 473 (b)(1) & (b) 1. For purposes of titles XIX and XX, any child with 907 KAR 1:011 Technical Eligibility Requirements states in Section 2 (2) respect to whom foster care maintenance payments (1) and (2): An individual receiving Title IV-E benefits, are made under this section will be deemed a Supplemental Security Income, or Optional or Mandatory State dependent child as defined in section 406 of the Act Supplementation shall be eligible for Medicaid as a categorically- (as so in effect 7/16/1996) and shall be deemed to be needy individual. a recipient of aid to families with dependent children (2) The following classifications of needy persons shall be included in under Part A of this title (as so in effect 7/16/1996). the program as categorically needy and thus eligible for Medicaid Title XIX and XX services will be available to such participation: child in the State in which the child resides. (a) A child in a foster family care or private nonprofit child- caring institution dependent on a governmental or private 2. For the purposes of titles XIX and XX, any eligible agency; child for whom there is a kinship guardianship (e) A child in a subsidized adoption dependent on a assistance payment being made under section 473(d) governmental agency; is deemed to be a dependent child as defined in 406 (f) A child (but not his parents) who: of the Act and is deemed to be a recipient of AFDC 1. Would have been financially eligible for Aid to Families under part A of title IV of the Act (as in effect with Dependent Children benefits using the AFDC 7/16/96) in the State in which such child resides. methodologies in effect on July 16, 1996; and 2. Meets the definition of Section 1(2) of this administrative regulation;

Revised October 22, 2014 E2: Kentucky does not have a kinship guardianship assistance program.

F. SPECIFIC GOALS IN STATE/TRIBAL LAW 471 (a)(14) F. SPECIFIC GOALS IN STATE/TRIBAL LAW KRS 199.467 Adoption of Goals by Secretary as to Maximum Number of Children in Foster Care Each Fiscal Year states: Pursuant to the 1. The State/Tribal agency formulates for each fiscal requirements of the Adoption Assistance and Child Welfare Act of year, a specific goal as to the maximum number of 1980, Pub. L. 96-272, the secretary for health and family services children (in absolute numbers or as a percentage of shall adopt by regulation specific goals for each fiscal year for the all children in foster care receiving assistance under a cabinet as to the maximum number of children, (either in absolute State title IV-E program) who at any given time numbers or as a percentage of all children in foster care with respect during the fiscal year will have been in foster care for to whom assistance is provided in that year) who, at any time during over 24 months. The specific foster care goals such fiscal year, will remain in foster care after having been in such required under section 471(a)(14) of the Act are care for a period in excess of twenty-four (24) months, together with incorporated into State or Tribal law by statute or a description of the steps to be taken by the state to achieve such administrative regulation with the force of law. goals.

922 KAR 1:140 Foster care and adoption services states in Section 2. The State/Tribal agency will describe the steps 2: Unless the secretary of the cabinet or designee approves an that will be taken to achieve the specific goal exception based on overall trends in the foster care population, the established. maximum number of children who receive foster care in excess of twenty-four (24) months shall be 3,000 during a state fiscal year.

G. PREVENTIVE AND REUNIFICATION SERVICES 1356.21 (b) G. PREVENTIVE AND REUNIFICATION SERVICES KRS 620.090 Temporary custody orders: (1) If, after completion of 471 (a)(15) the temporary removal hearing, the court finds there are reasonable (A)&(B) 1. Reasonable efforts. The State/Tribe makes grounds to believe the child is dependent, neglected or abused, the reasonable efforts to maintain the family unit and court shall issue an order for temporary removal and shall grant prevent the unnecessary removal of a child from temporary custody to the cabinet or other appropriate person or his/her home, as long as the child's safety is assured; agency. Preference shall be given to available and qualified relatives to effect the safe reunification of the child and family of the child considering the wishes of the parent or other person (if temporary out-of-home placement is necessary to exercising custodial control or supervision, if known. The order shall ensure the immediate safety of the child); and to state the specific reasons for removal and show that alternative less make and finalize alternate permanency plans in a restrictive placements and services have been considered. The court timely manner when reunification is not appropriate may recommend a placement for the child. [emphasis added] or possible. In determining reasonable efforts to be made with respect to a child and in making such KRS 620.140 Dispositional alternatives: (1) In determining the reasonable efforts, the child's health and safety is the disposition of all cases brought on behalf of dependent, neglected, or

Revised October 22, 2014 abused children, the juvenile session of the District Court, in the best State's and Tribe’s paramount concern. interest of the child, shall have, but shall not be limited to, the following dispositional alternatives: (c) Removal of the child to the custody of an adult relative, other person, or child-caring facility or child-placing agency, taking into consideration the wishes of the parent or other person exercising custodial control or supervision. Before any child is committed to the cabinet or placed out of his home under the supervision of the cabinet, the court shall determine that reasonable efforts have been made by the court or the cabinet to prevent or eliminate the need for removal and that continuation in the home would be contrary to the welfare of the child… [emphasis added]

Protection and Permanency Operating Manual: Chapter 1-Fundamentals of Practice; Section: 1.2 Reasonable Efforts: The SSW [social service worker]: 1. Uses information from prior assessments in TWIST, consultations from other professionals working with the family or other collateral information to create a prevention plan or case plan appropriate to the identified risks and safety issues within the family; 2. Makes appropriate referrals to services designed to support the family and keep the family together or to reunify the family if possible; 3. Maintains appropriate contact with the family and children, as outlined in SOPs 3.10 through 3.12, to observe and assess their needs and progress or lack of progress; 4. Updates the prevention plan and/or case plan to the changing needs of the family; 5. Intensifies services, as appropriate and reasonable, to ensure the safety of family members; 6. Documents these reasonable efforts to provide the family with supports and services to avoid unnecessary separation of a child from the family or reunify the child with the parent(s) and enable the child to safely live with the parent(s) at home;1 7. Documents reasonable efforts in the case record. 8. If court activity becomes necessary based on identified risks or safety issues, the SSW: a. Demonstrates reasonable efforts to the satisfaction of the court, or that the lack of reasonable efforts or preventive services was necessary for the immediate safety of the child;

Revised October 22, 2014 b. Obtains the judicial determination that reasonable efforts were provided or that the lack of reasonable efforts was necessary for the child’s safety in order for a child to receive title IV-E benefits.

Practice Guidance  Under the provisions of the Adoption and Safe Families Act (ASFA), reasonable efforts to preserve or reunify the family are not required when the court has determined that aggravated circumstances exist. The SSW is responsible for providing reasonable efforts or aggravated circumstances to the court’s satisfaction. For procedures pertaining to court process, refer to SOP Chapter 11-Court.

471 (a)(15)(C) 2. If continuation of reasonable efforts as described KRS 620.230 Case permanency plans: (2) The case permanency in section 471(a)(15)(B) of the Act is determined to plan shall include, but need not be limited to: be inconsistent with the permanency plan for the (e) If the child is placed outside the home, reasons why the child child, reasonable efforts are made to place the child in cannot be protected adequately in the home, the harms the child a timely manner in accordance with the permanency may suffer if left in the home, factors which may indicate when plan including, if appropriate, through an interstate the child can be returned to the home, and efforts the cabinet or placement, and to complete whatever steps are others are making to return the child to the home; necessary to finalize the permanent placement of the (i) A description of the services for the child and his family to be child. provided or arranged by the cabinet to facilitate the return of the child to his own home or to another permanent placement; (k) A projected schedule of time intervals by which each of the services, objectives, and tasks outlined in the case permanency plan should be accomplished and a schedule of time intervals which have already been accomplished or are in the process of accomplishment.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC); Section: 4.35 Ongoing Case Planning: The FSOS or designee: 1. (E): Ensures that during the periodic review, the following occurs…the case plan may be made concurrent as outlined in 4.19 Consideration/ Implementation of Concurrent Planning for Permanency to reflect both reasonable efforts to reunite the child with the family and to finalize the permanent placement of the child.

1356.21 (b)(1) 3. Judicial determination of reasonable efforts to KRS 620.080 Temporary removal hearing (i)&(ii) prevent a child's removal from the home. (1) Unless waived by the child and his parent or other person exercising custodial control or supervision, a temporary removal a. When a child is removed from his/her home, the hearing shall be held:

Revised October 22, 2014 judicial determination, as to whether reasonable (a) Within seventy-two (72) hours, excluding weekends and efforts were made or were not required to prevent the holidays, of the time when an emergency custody order is issued removal, is made no later than 60 days from the date or when a child is taken into custody without the consent of his the child is removed from the home. parent or other person exercising custodial control or supervision; and b. If the determination concerning reasonable efforts (b) In cases commenced by the filing of a petition, within ten to prevent the removal is not made as specified (10) days of the date of filing. above, the child is not eligible under the title IV-E foster care maintenance payments program for the KRS 620.140 Dispositional alternatives states in Section (1) “In duration of that stay in foster care. determining the disposition of all cases brought on behalf of dependent, neglected, or abused children, the juvenile session of the (Tribes, see also section 7 for use of nunc pro tunc District Court, in the best interest of the child, shall have, but shall orders.) not be limited to, the following dispositional alternatives: … (c) Removal of the child to the custody of an adult relative, other person, or child-caring facility or child-placing agency, taking into consideration the wishes of the parent or other person exercising custodial control or supervision. Before any child is committed to the cabinet or placed out of his home under the supervision of the cabinet, the court shall determine that reasonable efforts have been made by the court or the cabinet to prevent or eliminate the need for removal and that continuation in the home would be contrary to the welfare of the child. 1356.21 (b)(2)(i) 4. Judicial determination of reasonable efforts to Protection & Permanency Operating Manual: finalize a permanency plan. Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability: a. The State/Tribal agency obtains a judicial Title IV-E provides for federal payments to the states for foster care determination that it has made reasonable efforts to maintenance and adoption assistance payments made on behalf of finalize the permanency plan that is in effect (whether eligible children…The SSW [social service worker]: 1) Notifies the the plan is reunification, adoption, legal guardianship, CBW [children’s benefits worker] on the day that the agency placement with a fit and willing relative, or placement assumes legal responsibility for the supervision and care of a child… in another planned permanent living arrangement) The court certifies that, within the last twelve (12) months, within 12 months of the date the child is considered to reasonable efforts are being made to finalize a permanency plan or have entered foster care in accordance with the that reasonable efforts to reunify the child and family are not definition at section 1355.20 of the regulations, and required (must be made at least every twelve months or eligibility at least once every 12 months thereafter while the will cease); or the court that orders voluntary commitment contains child is in foster care. the appropriate judicial determination within one-hundred, eighty (Tribes, see also section 7 for use of nunc pro tunc (180) days from when the children were removed. orders.) At the annual permanency hearing the court enters an order regarding the disposition of the child’s court case. Court procedure regarding judicial determinations is standardized through the use of the court forms that capture the judge’s orders. (See attached AOC court forms and Family Court Civil Rules—pages 30 and 32)

Revised October 22, 2014 1356.21 (b)(2)(ii) b. If such a judicial determination regarding Protection & Permanency Operating Manual: reasonable efforts to finalize a permanency plan is not Chapter 31 Section 2 Title IV-E Eligibility and Reimbursability states made, the child becomes ineligible under title IV-E that: Title IV-E provides for federal payments to the states for from the end of the 12th month following the date the foster care maintenance and adoption assistance payments made on child is considered to have entered foster care or the behalf of eligible children…The court certifies that, within the last end of the 12th month following the month in which twelve (12) months, reasonable efforts are being made to finalize a the most recent judicial determination of reasonable permanency plan or that reasonable efforts to reunify the child and efforts to finalize a permanency plan was made, and family are not required (must be made at least every twelve months remains ineligible until such a judicial determination is or eligibility will cease). made.

(Tribes, see also section 7 for use of nunc pro tunc orders.)

1356.21 (b)(3) 5. Reasonable efforts are not required to prevent a 471 (a)(15)(D) child's removal from home or to reunify the child and family if the State/Tribal agency obtains a judicial determination that such efforts are not required because:

1356.21 (b)(3)(i) a. a court of competent jurisdiction has determined KRS 610.127 Parental circumstances negating requirement for 471 (a)(15)(D) that the parent has subjected the child to aggravated reasonable efforts to reunify child With family circumstances (as defined in State/Tribal law, which Reasonable efforts as defined in KRS 620.020 shall not be required definition may include but need not be limited to to be made with respect to a parent of a child if a court of competent abandonment, torture, chronic abuse, and sexual jurisdiction determines that the parent has: abuse); (1) Subjected the child to aggravated circumstances as defined in KRS 600.020; (3) Committed a felony assault that resulted in serious bodily injury to the child or to another child of the parent

KRS 600.020 Definitions for KRS Chapters 600 to 645: (2) "Aggravated circumstances" means the existence of one (1) or more of the following conditions: (a) The parent has not attempted or has not had contact with the child for a period of not less than ninety (90) days; (b) The parent is incarcerated and will be unavailable to care for the child for a period of at least one (1) year from the date of the child's entry into foster care and there is no appropriate relative placement available during this period of time; (c) The parent has sexually abused the child and has refused available treatment; (d) The parent has been found by the cabinet to have engaged in abuse of the child that required removal from the parent's

Revised October 22, 2014 home two (2) or more times in the past two (2) years; or (e) The parent has caused the child serious physical injury 1356.21 (b)(3)(ii) b. a court of competent jurisdiction has determined KRS 610.127 Parental circumstances negating requirement for 471 (a)(15)(D) that the parent has been convicted of: reasonable efforts to reunify child With family states: Reasonable i. murder (which would have been an offense efforts as defined in KRS 620.020 shall not be required to be made under section 1111(a) of title 18, United with respect to a parent of a child if a court of competent jurisdiction States Code, if the offense had occurred in the determines that the parent has: special maritime or territorial jurisdiction of (2) Been convicted in a criminal proceeding of having caused or the United States) of another child of the contributed to the death of another child of the parent; parent; (3) Committed a felony assault that resulted in serious bodily injury ii. voluntary manslaughter (which would have to the child or to another child of the parent. been an offense under section 1112(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent; iii. aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or such a voluntary manslaughter; or iv. a felony assault that results in serious bodily injury to the child or another child of the parent; or 1356.21 (b)(3) c. the parental rights of the parent with respect to a KRS 610.127 Parental circumstances negating requirement for (iii) sibling have been terminated involuntarily. reasonable efforts to reunify child With family states: Reasonable 471 (a)(15)(D) efforts as defined in KRS 620.020 shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction determines that the parent has: (4) Had their parental rights to another child terminated involuntarily 1356.21 (b)(4) 6. Concurrent planning. 620.230 Case permanency plans (2) The case permanency plan shall 471 (a)(15)(F) include, but need not be limited to: a. Reasonable efforts to finalize an alternate (i) A description of the services for the child and his family to be permanency plan may be made concurrently with provided or arranged by the cabinet to facilitate the return of the reasonable efforts to reunify the child and family. child to his own home or to another permanent placement

Protection and Permanency Operating Manual: b. Reasonable efforts to place a child for adoption or Chapter 4-Out of Home Care Services (OOHC) ; Section: 4.35 with a legal guardian, including identifying appropriate Ongoing Case Planning : The FSOS [family service office supervisor] in-State/Tribal service area and out-of-State/Tribal or designee: service area placements, may be made concurrently 1. Ensures that during the periodic review, the following occurs: with reasonable efforts to reunify the child and family. D) When the child remains in OOHC, consideration is given to converting the case to concurrent planning, if it is not already;

Revised October 22, 2014 E) The case plan may be made concurrent as outlined in 4.19 Consideration/ Implementation of Concurrent Planning for Permanency to reflect both reasonable efforts to reunite the child with the family and a plan to finalize the permanent placement of the child

Practice Guidance: A target date (month and year) for achievement of the permanency goal is established.

Protection and Permanency Operating Manual: Chapter 4-Out of Home Care Services (OOHC); Section: 4.19 Consideration and/or Implementation of Concurrent Planning for Permanency: The SSW: 2. Considers concurrent planning when developing an initial case plan based upon the Concurrent Planning Review Tool, CQA and negotiation that occurs during the initial five (5) day conference; 3. Obtains current assessment information from the investigative SSW, the petition for removal and may consider information from previous CQAs, if the CQA is not completed prior to the case plan conference to assist in completing the case plan; 4. Documents the determination to make a case plan concurrent planning in the Child/Youth Development section of the CQA, which addresses the child’s permanency issues; 5. Converts all CPS OOHC cases, excluding status cases, to concurrent planning no later than the six (6) month periodic review; 6. Completes the following tasks once the determination is made to make a case concurrent planning: A) Develops/negotiates the permanency goal (i.e., return to parent) and the concurrent alternate permanency objective (e.g., adoption, permanent relative placement, etc.) as outlined in SOP 3.6 Negotiating Objectives and Tasks; B) Documents the permanency goal and at the same time, documents a concurrent permanency objective with tasks in the OOHC section of the case plan as outlined on the Case Planning Objectives-OOHC Tip Sheet; H) Confers with the foster family about becoming a concurrent planning foster/adopt resource home (dual approval), if not currently; I) If necessary, solicits cooperation from Recruitment and Certification (R&C) staff on discussing concurrent planning requirements in depth with foster families to include: i) The way the foster/adoptive resource family works with

Revised October 22, 2014 the birth family to support return to parent, while at the same time being willing to provide a permanent home should reunification efforts fail; ii) The inherent risks and responsibilities of becoming a concurrent planning foster/adoptive resource home; iii) Stressing that parental rights may not be terminated and the child may not be free for adoption; iv) Intensive services/visitation required and that contact with the birth family is a necessary component; v) Supports and training provided by DCBS; and vi) Documents these efforts in the case plan; 7. Upon consultation with the FSOS, directs efforts to locate one of the following resources, if the foster family is not interested in becoming a concurrent planning foster/adoptive resource home: A) Resource home that is currently a concurrent planning foster/adoptive resource home; or B) Resource home that is interested in becoming a concurrent planning foster/adoptive resource home; and 8. Upon locating an appropriate foster/adoptive resource home interested in adoption, begins transitioning the child as outlined on the Changes in Placement Tip Sheet.

1356.21 (b)(5) 7. Use of the Federal Parent Locator Service. Protection and Permanency Operating Manual: Use of the locater service is described in the Absent Parent and The State/Tribal agency may seek the services of the Relative Search Handbook as referenced in Chapter: Chapter 4-Out Federal Parent Locator Service to search for absent of Home Care Services (OOHC; Section: 4.3 Relative and Absent parents at any point in order to facilitate a Parent Search: permanency plan. The SSW [social service worker] (9): Refers to the Absent Parent and Relative Search Handbook if more details are needed.

H. TERMINATION OF PARENTAL RIGHTS 1356.21 (i)(1) H. TERMINATION OF PARENTAL RIGHTS

475 (5)(E) 1. The State/Tribe will file a petition (or, if such a petition has been filed by another party, seek to be joined as a party to the petition) to terminate the parental rights of a parent(s):

1356.21 (i)(1)(i) a. whose child has been in foster care under the KRS 610.125 Permanency hearing after custody given to Department responsibility of the State or Tribe for 15 of the most of Juvenile Justice or cabinet. recent 22 months. The petition must be filed by the (1) If a child has been removed from the home and placed in the end of the child's 15th month in foster care. In custody of the Department of Juvenile Justice or the cabinet, a judge calculating when to file a petition for termination of of the District Court shall conduct a permanency hearing no later

Revised October 22, 2014 parental rights, the State/Tribe: than twelve (12) months after the date the child is considered to have entered foster care, and every twelve (12) months thereafter if i. will calculate the 15 out of the most recent 22 custody and out-of-home placement continues, to determine the month period from the date the child entered future status of the child. For purposes of this section, a child shall foster care as defined at section 475(5)(F) of the be considered to have entered foster care on the earlier of the date Act; of the first judicial finding that the child has been subjected to child ii. will use a cumulative method of calculation abuse or neglect or the date that is sixty (60) days after the date on when a child experiences multiple exits from and which the child is removed from the home. entries into foster care during the 22 month period; Protection and Permanency Operating Manual: iii. will not include trial home visits or runaway Chapter 11-CPS Court, Section: 11.36 Involuntary Termination of episodes in calculating 15 months in foster care; Parental Rights (TPR): and Once a child has been OOHC for fifteen (15) of the last twenty-two iv. only applies section 475(5)(E) of the Act to a (22) months, federal law requires the agency to file for termination child once if the State/Tribe does not file a of parental rights, unless there are compelling reasons not to file. petition because one of the exceptions applies The agency may elect not to file or join a petition to terminate the parental rights of a parent if: a. the child is being cared for by a relative; b. the agency has documented in the case plan (which must be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the individual child; or c. the agency has not provided to the family, consistent with the time period in the case plan, services deemed necessary for the safe return of the child to the home, when reasonable efforts to reunify the family are required. (45 CFR 1356.21 (i) (2))

Permanency Goals in OOHC Cases Tip Sheet: Under federal ASFA guidelines:  The worker is required to file a petition for termination when o Aggravated circumstances exist and/or the family does not make sufficient progress toward achieving the objectives specified in the case plan; o The child has been in OOHC for fifteen (15) of the most recent twenty-two (22) months and the District or Family court concurs with the goal of adoption, a TPR petition is filed before the fifteenth (15th) month ends; o The 15 of 22 months must be calculated: . Cumulatively when a child experiences multiple exits from and entries into foster care during the 22 month period; . To exclude trial home visits or runaway episodes  An exception for the SSW proceeding with TPR may be granted

Revised October 22, 2014 only by a Judge for compelling reasons, such as: o A relative is caring for the child and the plan is for permanent relative placement or guardianship; o TPR would not be in the child’s best interest and the case plan documents the appropriateness of this decision; or o Services deemed necessary for the safe return of the child have not been provided to the family of the child within the time period specified in the case plan. 1356.21 (i)(1)(ii) b. whose child has been determined by a court of KRS 620.350 Abandoned newborn infant -- Emergency custody order competent jurisdiction to be an abandoned infant (as -- No investigation of abandonment -- Placement in foster home -- defined under State/Tribal law). The petition to Inquiry to ensure that infant is not missing child -- Involuntary terminate parental rights is made within 60 days of termination of parental rights. states: the judicial determination that the child is an (2) Upon notice from any emergency medical services provider or abandoned infant; or hospital staff that a newborn infant has been abandoned at a hospital, the cabinet shall immediately seek an order for emergency custody of the infant. (3) At the temporary removal hearing required by KRS 620.080, if the court places temporary custody with the cabinet, the custody order shall remain in effect for a minimum of thirty (30) days. (4) During the initial thirty (30) days of placement, the cabinet shall request assistance from law enforcement officials to investigate through the Missing Child Information Center established by KRS 17.450 and other national resources to ensure that the infant is not a missing child. (5) As soon as practicable following the thirty (30) day placement period, the cabinet shall file a petition in Circuit Court seeking the involuntary termination of parental rights of the unknown parents and authority to place the child for adoption in accordance with KRS Chapter 625.

1356.21 (i)(1)(iii) c. who has been convicted of one of the felonies listed Protection and Permanency Operating Manual above. Under such circumstances, the petition to Chapter 11-CPS Court, Section: 11.36 Involuntary Termination of terminate parental rights is to be made within 60 days Parental Rights (TPR): of a judicial determination that reasonable efforts to Practice Guidance: reunify the child and parent are not required. • Per federal law (45 CFR 1356.21 (i)(1)(iii), if a waiver of efforts has been granted because of the parents previous felony conviction, the petition for termination must be filed within 60 days of the judicial determination that reasonable efforts to reunify are not required. Applicable convictions under Kentucky statute include: -A situation where the parent caused or contributed to the death of another child of the parent; -A felony assault that resulted in serious bodily injury to the child or to another child of the parent;

Revised October 22, 2014 1356.21 (i)(2) 2. The State/Tribe may elect not to file or join a 922 KAR 1:140 Foster care and adoption permanency services states petition to terminate the parental rights of a parent of in Section 6(2) “The cabinet shall request an exception for this section if: proceeding with involuntary termination of parental rights pursuant to subsection (1)(b) of this section, if: a. at the option of the State/Tribe, the child is being (a)A relative placement has been secured; cared for by a relative; (b)Termination is not in the best interest of the child, for a compelling reason: 1. Documented in the case permanency plan; and b. the State/Tribal agency has documented in the 2. Monitored on a continual basis; or case plan (which must be available for court review) a (c) A service necessary for return to parent has not been compelling reason for determining that filing such a provided within the time period specified in the case permanency petition would not be in the best interests of the plan.” individual child; or

Protection and Permanency Operating Manual c. the State/Tribal agency has not provided to the Chapter 11-CPS Court, Section: 11.36 Involuntary Termination of family, consistent with the time period in the case Parental Rights (TPR): plan, services that the State/Tribe deems necessary Once a child has been OOHC for fifteen (15) of the last twenty-two for the safe return of the child to the home, when (22) months, federal law requires the agency to file for termination reasonable efforts to reunify the family are required. of parental rights, unless there are compelling reasons not to file. The agency may elect not to file or join a petition to terminate the parental rights of a parent if: a. the child is being cared for by a relative; b. the agency has documented in the case plan (which must be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the individual child; or c. the agency has not provided to the family, consistent with the time period in the case plan, services deemed necessary for the safe return of the child to the home, when reasonable efforts to reunify the family are required. (45 CFR 1356.21 (i) (2))

Permanency Goals in OOHC Cases Tip Sheet: Under federal ASFA guidelines:  The worker is required to file a petition for termination when o Aggravated circumstances exist and/or the family does not make sufficient progress toward achieving the objectives specified in the case plan; o The child has been in OOHC for fifteen (15) of the most recent twenty-two (22) months and the District or Family court concurs with the goal of adoption, a TPR petition is filed before the fifteenth (15th) month ends; o The 15 of 22 months must be calculated:

Revised October 22, 2014 . Cumulatively when a child experiences multiple exits from and entries into foster care during the 22 month period; . To exclude trial home visits or runaway episodes  An exception for the SSW proceeding with TPR may be granted only by a Judge for compelling reasons, such as: o A relative is caring for the child and the plan is for permanent relative placement or guardianship; o TPR would not be in the child’s best interest and the case plan documents the appropriateness of this decision; or o Services deemed necessary for the safe return of the child have not been provided to the family of the child within the time period specified in the case plan. 1356.21 (i)(3) 3. When the State/Tribe files or joins a petition to Chapter 11-CPS Court, Section: 11.36 Involuntary Termination of terminate parental rights, it concurrently begins to Parental Rights (TPR): identify, recruit, process, and approve a qualified 20. From the point at which the petition is filed, or when the agency adoptive family for the child. joins a petitions to TPR, the agency begins working simultaneously with R&C as appropriate to identify, recruit, process, and approve a qualified family for adoption. (Title IV-E, Section 475 (5)(E) of the Social Security Act and 45 CFR 1356.21 (i)(3))

I. DATE CHILD CONSIDERED TO HAVE ENTERED FOSTER CARE 1355.20 (a) I. DATE CHILD CONSIDERED TO HAVE ENTERED KRS 610.125 Permanency hearing after custody given to cabinet 475 (5)(F) FOSTER CARE Section (1) For purposes of this section, a child shall be considered to have entered foster care on the earlier of the date of the first A child will be considered to have entered foster care judicial finding that the child has been subjected to child abuse or on the earlier of: neglect or the date that is sixty (60) days after the date on which 1. the date of the first judicial finding that the the child is removed from the home. child has been subjected to child abuse or neglect; or 2. the date that is 60 days after the date on which the child is removed from the home.

J. DOCUMENTATION OF JUDICIAL DETERMINATION 1356.21(d) J. DOCUMENTATION OF JUDICIAL DETERMINATION Embedded court process ensures that judicial determinations are The judicial determinations regarding contrary to the explicitly documented and made on a case by case basis. Per the 472 (a)(1) welfare, reasonable efforts to prevent removal, and Kentucky Family Court Rules of Procedures and Practice (FCRPP) reasonable efforts to finalize the permanency plan in (Attachment 2), effect, including judicial determinations that reasonable efforts are not required, are explicitly Rule 20 (1): A petition pursuant to KRS 620 shall be filed on AOC- documented and made on a case-by-case basis and DNA-1, Dependency, Neglect or Abuse Petition (Attachment 3). In so stated in the court order. proceedings, involving siblings separate petitions shall be filed for

Revised October 22, 2014 each child and individual case numbers shall be assigned by the clerk 1. If the reasonable efforts and contrary to the of the court, but all siblings’ files shall be assigned to the same welfare judicial determinations are not included as judge. required in the court orders, a transcript of the court proceedings is the only other documentation accepted Rule 22 (1): The order at adjudication shall be on AOC-DNA-4, to verify that these required determinations have Order-Adjudication Hearing (Attachment 4). (2) The order entered been made. at disposition shall be on AOC-DNA-5, Order-Disposition Hearing (Attachment 5). (3) The order entered at the hearing shall be on AOC-DNA-6, Order-Disposition Hearing (Attachment 6). 2. Neither affidavits nor nunc pro tunc orders will be accepted as verification documentation in support of Judicial determinations are entered for each child and explicitly reasonable efforts and contrary to the welfare judicial documented on the court forms. determinations, except as provided in 479B(c)(ii) of the Act and for Tribes. (See section 7.C. of this plan.)

3. Court orders that reference State or Tribal law to substantiate judicial determinations are not acceptable, even if the law provides that a removal must be based on a judicial determination that remaining in the home would be contrary to the child's welfare or that removal can only be ordered after reasonable efforts have been made, except as applied to Tribes in section 7 of this plan regarding use of nunc pro tunc orders.

(Tribes see section 7 for nunc pro tunc orders.)

K. TRIAL HOME VISITS 1356.21 (e) K. TRIAL HOME VISITS Protection and Permanency Operating Manual: Chapter 31- A trial home visit may not exceed six months in Standards of Practice Regarding Title IV-E, Medicaid and Other duration, unless the court orders a longer trial home Applicable Benefits; Section: 31.3 Required IV-E Judicial visit. If a trial home visit extends beyond six months Determination: and has not been authorized by the court, or exceeds For IV-E determination: the time period the court has deemed appropriate,  Each time a child is returned to and removed from the home, and the child is subsequently returned to foster care, a new court order with the required IV-E judicial that placement must then be considered a new determinations must be obtained. placement and title IV-E eligibility must be newly  Occasionally a child in out of home care is returned to the established. Under these circumstances, the judicial removal home for the purpose of a trial home visit. If a crisis determinations regarding contrary to the welfare and occurs that necessitates removal of the child during the reasonable efforts to prevent removal are required. home visit it is not necessary to obtain a new court order authorizing the second removal if the SSW documented in the case plan’s visitation agreement that the purpose of the

Revised October 22, 2014 child’s placement in the removal home is for a trial visit. If the child’s trial visit extends beyond six (6) months, then it is necessary to obtain a new court order authorizing removal which contains the required judicial determinations, unless the court has ordered a longer trial home visit.

L. TRAINING 471 (a)(24) L. TRAINING 922 KAR 1:310 Standards for child-placing agencies states in Section 4 (11) If an applicant is approved as a foster home, adoptive home, Before a child in foster care is placed with prospective or respite care provider by a state agency or another child-placing foster parents, the prospective foster parents are agency, a child-placing agency shall: adequately prepared with the appropriate knowledge (a) Conduct a home study in accordance with subsections (2), and skills to provide for the needs of the child. As (3), and (5) of this section; and necessary, such preparation is continued after (b) placement of the child. 1. Document that the applicant meets training requirements in accordance with Section 5, 7, 10, 13, or 19 of this administrative regulation; and 2. If an applicant lacks training in accordance with subparagraph 1 of this paragraph, the child-placing agency shall, prior to placement of a child in the home: a. Provide training in accordance with Section 5, 7, 10, 13, or 19 of this administrative regulation; or b. (i) Develop an individualized curriculum to fulfill unmet training needs; and (ii) Document the applicant’s compliance with the individualized curriculum

922 KAR 1:350 Family preparation Section 9. Preparation and Selection of a Resource Home Parent: (1) The cabinet shall recruit a resource home and approve the resource home prior to the placement of a child. (2) A resource home applicant shall complete a: (a) Minimum of thirty (30) hours of initial family preparation; and (b) Curriculum approved by designated cabinet staff

Protection & Permanency Operating Manual: Pre-service training requirements are described in Chapter 12- Resource Family Recruitment, Certification and Reimbursement ; Section: 12.5. Ongoing training requirements are described in Chapter-12.5 Ongoing Training.

Revised October 22, 2014 M. DEFINITION OF “CHILD” 475 (8) M. DEFINITION OF “CHILD” 620.140 Dispositional alternatives: For the purposes of the title IV-E foster care program (1) In determining the disposition of all cases brought on behalf of under section 472, the term ‘child’ means dependent, neglected, or abused children, the juvenile session of the i. an individual who has not attained 18 years of District Court, in the best interest of the child, shall have, but shall age; or not be limited to, the following dispositional alternatives: (d) Commitment of the child to the custody of the cabinet for ii. at the option of the title IV-E agency an individual placement for an indeterminate period of time not to exceed his attainment of the age eighteen (18). To allow participation in a. who is in foster care under the responsibility of state or federal educational programs or to permit the cabinet to the title IV-E agency assist the child in establishing independent living arrangements, any person who is or has been committed to the cabinet as b. who has attained 18 years of age but who has dependent, neglected, or abused may request that the court not attained 19, 20, or 21 years of age (as elected extend or reinstate his commitment up to the age of twenty-one and indicated by the title IV-E agency) and (21). The request shall be made prior to the person's attaining eighteen (18) years and six (6) months of age. Upon receipt of c. who meets any of the following conditions the request and with the concurrence of the cabinet, the court may authorize commitment up to the age of twenty-one (21). I. the child is completing secondary education or a program leading to an equivalent credential; Protection and Permanency Operating Manual: Chapter 31- Standards of Practice Regarding Title IV-E, Medicaid and Other II. the child is enrolled in an institution which Applicable Benefits; Section: 31.2 Title IV-E: Practice Guidance: provides post-secondary or vocational Age: education;  A child loses IV-E eligibility and reimbursability at the beginning of the month following the child’s eighteenth (18th) birthday, III. the child is participating in a program or unless the child is enrolled full-time in high school, or any activity designed to promote, or remove barriers equivalent course of study, and can be reasonably expected to to, employment; graduate prior to the child’s nineteenth (19th) birthday.  When the child meets this expectation, reimbursement may IV. the child is employed for at least 80 hours continue until the beginning of the month following the child’s per month; or graduation but no later than the month following the child's nineteenth (19th) birthday. V. the child is incapable of doing any of the  The CBW discontinues IV-E when the child no longer meets the above described activities due to a medical age requirements and notifies the SSW when the child is condition, which incapability is supported by discontinued. regularly updated information in the case plan of the child.

Revised October 22, 2014 SECTION 3. ADOPTION ASSISTANCE PAYMENTS Federal Regulatory/ State Regulatory, Statutory, and Policy References and Requirement Statutory Citations for Each References

SECTION 3. ADOPTION ASSISTANCE PAYMENTS

A. I. ELIGIBILITY – Applicable Child (Effective October 1, 2009) A. I. ELIGIBILITY – Applicable Child (Effective October 1, 2009)

473 (e) 1. Beginning in fiscal year 2010, an applicable KRS 199.557 Federal Title IV-E adoption assistance: child is: (2) Federal Title IV-E adoption assistance shall be paid to the [42 U.S.C. 673] adoptive parent or parents after conclusion of the adoption if the a. a child for whom an adoption assistance child meets the eligibility criteria established at 42 U.S.C. sec. 673. agreement is entered into under section 473 during any fiscal year described in 473(e)(1)(B) if 922 KAR 1:060 Title IV-E adoption assistance states: the child attained the applicable age pursuant to Section 2 that paragraph for that fiscal year before the end (1) A child shall be determined by the cabinet as a special needs of that fiscal year; or child in accordance with 42 U.S.C. 673(c), if: (a) The child is available for adoption in accordance with: 1. KRS 199.500(1); b. a child of any age on the date on which an 2. KRS 199.502; or adoption assistance agreement is entered into on 3. KRS Chapter 625; behalf of the child under section 473 if the child (b) The child has a specific factor or condition described by KRS has been in foster care under the responsibility of 199.555(1) that makes the child difficult to place for adoption the State/Tribal agency for at least 60 consecutive without adoption assistance; and months and meets the requirements of paragraph (c) Effort has been made to place the child with an appropriate 473(a)(2)(A)(ii); or adoptive parent without providing adoption assistance. (2) If the child has a strong emotional tie with the prospective c. a child of any age on the date on which an adoptive parent while in the care of the prospective adoptive parent adoption assistance agreement is entered into on as a foster child an exception to subsection (1)(c) of this section behalf of the child under this section without shall be made. regard to whether the child is described in 473(e) (3) A special needs child shall: (2)(A) if the child: (a) Meet the eligibility criteria established in 42 U.S.C. 673 when the adoption proceedings are initiated including: i. is a sibling of a child who is an 1. Eligibility for Aid to Families with Dependent Children applicable child for the fiscal year under effective on July 16, 1996, upon the child's removal from paragraphs 473(e)(1) or (2); and the home of a relative;

Revised October 22, 2014 2. Eligible for Supplemental Security Income; ii. is to be placed in the same adoption 3. Status as a child: placement as their sibling who is an a. Born to a minor parent who is receiving Title IV-E applicable child for the fiscal year; and foster care maintenance; and b. Who has received Title IV-E foster care maintenance; and iii. meets the requirements of 473 (a)(2) (b) Not have a parent with custody or legal claim to the (A)(ii). child. 4. Having been in foster care for sixty (60) consecutive months on or after October 1, 2009; or 5. Status as a sibling of a child described in subparagraph 1 or 4 of this paragraph to be placed in the same adoption placement as the child; and (b) Not have a parent with custody or legal claim to the child. (4) In accordance with 42 U.S.C. 673, as amended by P.L. 110-351, effective October 1, 2009, eligibility for Aid for Families with Dependent Children specified in subsection (3)(a)1 of this section shall not apply to a child who is at least: (a) Sixteen (16) years old on September 30, 2010; (b) Fourteen (14) years old on September 30, 2011; (c) Twelve (12) years old on September 30, 2012; (d) Ten (10) years old on September 30, 2013; (e) Eight (8) years old on September 30, 2014; (f) Six (6) years old on September 30, 2015; (g) Four (4) years old on September 30, 2016; (h) Two (2) years old on September 30, 2017; or (i) Any age on September 30, 2018. (5) If an adoption assistance agreement is terminated in accordance with Section 7 of this administrative regulation, a child previously eligible for federal Title IV-E adoption assistance shall be treated as having the same financial circumstances as the child had when originally adopted.

Section 5 states: (1) At the time of or prior to finalization of the adoption, an adoptive parent and the cabinet shall negotiate and sign an adoption assistance agreement which shall: (a) Be in effect in accordance with 42 U.S.C. 675(3) and 45 C.F.R. 1356.40(b); (b) Determine the nature and amount of the adoption subsidy; and (c) Remain in effect until terminated, even if the adoptive parent moves out of the Commonwealth of Kentucky.

Revised October 22, 2014 (2) If an adoption is finalized, the cabinet shall pay nonrecurring adoption expenses incurred by an adoptive parent during the adoption of a special needs child pursuant to 45 C.F.R. 1356.41. (3) If a child is eligible for adoption assistance under 42 U.S.C. 673(a)(2)(A)(ii)(I)(bb), the requirement of Section 4(1) of this administrative regulation shall be waived. (4) An adoption assistance payment shall begin on the date that the adoption assistance agreement is signed by the adoptive parent. (5) The amount of federal Title IV-E adoption assistance shall not exceed the amount that would be paid for foster care maintenance for the same child, in accordance with 42 U.S.C. 673(a)(3), including medically-fragile, specialized medically-fragile, and care plus resource home per diem reimbursements established by the Department for Community Based Services. A child placed in therapeutic foster care, as described in 922 KAR 1:310, shall not be eligible to receive adoption assistance to exceed a care plus resource home per diem reimbursement established by the Department for Community Based Services.

Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption: (entire section) 473 (c)(2) 2. Adoption assistance payments may be made to KRS 199.557 Federal Title IV-E adoption assistance: parents to adopt a child with special needs. In the (2) Federal Title IV-E adoption assistance shall be paid to the case of a child who is an applicable child for a adoptive parent or parents after conclusion of the adoption if the fiscal year as defined in 473(e), the child shall not child meets the eligibility criteria established at 42 U.S.C. sec. 673. be considered a child with special needs unless: KRS 199.555 State-funded adoption assistance payments -- Conditions (1) A "special-needs child" means: (a) A child which the state has determined cannot or should not be returned to the home of the child's parents; and (b) A child which the state has first determined: 1. That there exists a specific factor or condition the existence of which leads to the reasonable conclusion that the child cannot be placed with adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX; and 2. That except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of these parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption

Revised October 22, 2014 assistance under this section or medical assistance under Title XIX.

Protection and Permanency Operating Manual: Chapter 13-Adoption Services; Section: 13.39 Adoption Assistance Practice Guidance Adoption assistance may be available to any child for whom an adoptive placement is unlikely without assistance and who has "special needs." "Special needs" is one (1) or more of the following conditions or circumstances that makes a child hard to place:  A physical or mental disability;  An emotional or behavioral disorder;  A recognized/documented risk of physical, mental, or emotional disorder;  A member of a sibling group (defined as two [2] or more children) in which the siblings are placed together;  Previous adoption disruption or multiple placements;  A member of a racial or ethnic minority and two (2) years old or older; or  Age seven (7) or older with a significant emotional attachment or psychological tie to his foster family and the Department has determined that it would be in the child’s best interest to remain with the family.  Children who are receiving Supplemental Security Income (SSI) benefits are eligible for Title IV-E adoption assistance. Inquiries concerning this should be directed to the central office Adoption Services Branch, adoption assistance specialist.

Protection and Permanency Operating Manual: Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption: The child meets special needs criteria if: The state determines that the child cannot or may not be returned to the home of the child’s parents (e.g. parental rights are terminated).

Protection and Permanency Operating Manual: Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption:  The child has a specific special need that indicates that the child cannot be placed with adoptive parents without providing adoption assistance. Such problems may include ethnic

Revised October 22, 2014 background, age or the presence of factors such as medical conditions, or physical, mental or emotional disabilities, a sibling group of three or more or a child who has experienced severe, physical or sexual abuse or whose background includes mental illness;

473 (c)(2)(A) a. the State/Tribe has determined, pursuant to KRS 199.557 Federal Title IV-E adoption assistance: established criteria, that the child cannot or should (2) Federal Title IV-E adoption assistance shall be paid to the not be returned to the home of his parents; and adoptive parent or parents after conclusion of the adoption if the child meets the eligibility criteria established at 42 U.S.C. sec. 673.

KRS 199.555 State-funded adoption assistance payments -- Conditions (1) A "special-needs child" means: (a) A child which the state has determined cannot or should not be returned to the home of the child's parents

922 KAR 1:060 Federal Title IV-E adoption assistance Section 2: A child shall be determined by the cabinet as a special needs child in accordance with 42 U.S.C. 673(c), if: (3) A special needs child shall: (b) Not have a parent with custody or legal claim to the child.

922 KAR 1:050. State funded adoption assistance states: Section 2. Adoption Assistance Eligibility Criteria. (3) A special needs child shall: (b) Not have a parent with custody or a legal claim to the child;

Protection and Permanency Operating Manual: Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption: The child meets special needs criteria if: The state determines that the child cannot or may not be returned to the home of the child’s parents (e.g. parental rights are terminated). 473 (c)(2)(B) b. either: KRS 199.557 Federal Title IV-E adoption assistance: (2) Federal Title IV-E adoption assistance shall be paid to the i. the State/Tribe has determined that there adoptive parent or parents after conclusion of the adoption if exists with respect to the child a specific factor the child meets the eligibility criteria established at 42 U.S.C. or condition (such as ethnic background, age, sec. 673. or membership in a minority or sibling group, or the presence of factors such as medical KRS 199.555 State-funded adoption assistance payments -- conditions or physical, mental, or emotional Conditions

Revised October 22, 2014 handicaps) because of which it is reasonable to (1) A "special-needs child" means: conclude that the child cannot be placed with (b) A child which the state has first determined: adoptive parents without providing adoption 1. That there exists a specific factor or condition the existence of assistance under this section and medical which leads to the reasonable conclusion that the child cannot assistance under title XIX; or be placed with adoptive parents without providing adoption assistance under this section or medical assistance under Title ii. the child meets all medical or disability XIX requirements of title XVI with respect to eligibility for supplemental security income 922 KAR 1:060 Title IV-E adoption assistance states in Section benefits; and 2 (1) “A child shall be determined by the cabinet as a special needs child in accordance with 42 U.S.C. 673(c), if: (b) The child has a specific factor or condition described by KRS 199.555(1) that makes the child difficult to place for adoption without adoption assistance (3) A special needs child shall: (a) Meet the eligibility criteria established in 42 U.S.C. 673 when the adoption proceedings are initiated including: 2. Eligible for Supplemental Security Income

922 KAR 1:050. State funded adoption assistance Section 2. Adoption Assistance Eligibility Criteria. (1) The secretary shall decide whether to pay and provide adoption assistance in accordance with KRS 199.555(5) if: (a) The child is a special needs child as described in subsection 2 of this section; (2) A special needs child is a child for whom adoptive placement without financial assistance is unlikely in accordance with KRS 199.555(1), because the child: (a) Has a physical or mental disability; (b) Has an emotional or behavioral disorder; (c) Has a recognized risk of physical, mental, or emotional disorder; (d) Is a member of a sibling group in which the siblings are placed together; (e) Has had previous adoption disruption or multiple placements; (f) Is a member of a racial or ethnic minority and two (2) years old or older; or (g) 1. Is age seven (7) or older and has a significant emotional attachment or psychological tie to his foster family; and 2. The cabinet has determined that it would be in the child’s

Revised October 22, 2014 best interest to remain with the family.

Protection and Permanency Operating Manual: Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption:  The child has a specific special need that indicates that the child cannot be placed with adoptive parents without providing adoption assistance. Such problems may include ethnic background, age or the presence of factors such as medical conditions, or physical, mental or emotional disabilities, a sibling group of three or more or a child who has experienced severe, physical or sexual abuse or whose background includes mental illness

473 (c)(2)(C) c. the State/Tribe has determined that, except 922 KAR 1:060 Title IV-E adoption assistance states in Section where it would be against the best interests of the 2 child because of such factors as the existence of (1) “A child shall be determined by the cabinet as a special needs significant emotional ties with prospective adoptive child in accordance with 42 U.S.C. 673(c), if: parents while in the care of the parents as a foster (b) The child has a specific factor or condition described by KRS child, a reasonable, but unsuccessful, effort has 199.555(1) that makes the child difficult to place for adoption been made to place the child with appropriate without adoption assistance; and adoptive parents without providing adoption (c) Effort has been made to place the child with an appropriate assistance under this section or medical assistance adoptive parent without providing adoption assistance. under title XIX. (2) If the child has a strong emotional tie with the prospective adoptive parent while in the care of the prospective adoptive parent as a foster child an exception to subsection (1)(c) of this section shall be made.

922 KAR 1:050. State funded adoption assistance states Section 2. Adoption Assistance Eligibility Criteria. (2) A special needs child is a child for whom adoptive placement without financial assistance is unlikely in accordance with KRS 199.555(1), because the child: (a) Has a physical or mental disability; (b) Has an emotional or behavioral disorder; (c) Has a recognized risk of physical, mental, or emotional disorder; (d) Is a member of a sibling group in which the siblings are placed together; (e) Has had previous adoption disruption or multiple placements; (f) Is a member of a racial or ethnic minority and two (2) years old or older; or (g) 1. Is age seven (7) or older and has a significant emotional

Revised October 22, 2014 attachment or psychological tie to his foster family; and 2. The cabinet has determined that it would be in the child’s best interest to remain with the family.

Protection and Permanency Operating Manual: Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption:  A reasonable, but unsuccessful effort was made to place the child with appropriate adoptive parents without providing adoption assistance. This criterion need not be met if the state can show that such a placement effort is not in the best interests of the child, because of the existence of significant emotional ties with prospective parents while in their care as a foster child. 473 (a)(1)(A) 3. In the case of a child who is an applicable child Protection and Permanency Operating Manual: Chapter 31- for the fiscal year as defined in 473(e), adoption Standards of Practice Regarding Title IV-E, Medicaid and Other 473 (a)(2)(A)(ii) assistance payments may be made if the child has Applicable Benefits; Section: 31.10 Title IV-E Adoption: been determined by the State/Tribe pursuant to The CBW [children’s benefits worker] assures that the necessary section 473(c) to be a child with special needs documents for eligibility are submitted in accordance to SOP and: 31.2 Title IV-E Eligibility and Reimbursability: 4. The CBW ensures that: a. the time of initiation of adoption proceedings (A)The wording of the court order [placing the child in the care of the child was in the care of a public or licensed the public agency] states that continuation in the home is private child placement agency or Indian Tribal contrary to the welfare of the child. This wording is required Organization pursuant to— for the child to be title IV-E eligible as outlined in SOP 31.1 Title IV-E Determination. The judicial determination for IV-E i. an involuntary removal of the child from eligibility requires that the results in the child's removal the home in accordance with a judicial coincide with (i.e. occur at the same time as) the Cabinet's determination to the effect that continuation action to physically or constructively remove the child, unless in the home would be contrary to the welfare the court order specifies an alternative timeframe for removal. of the child; or If a court makes a judicial determination that it is contrary to the child's welfare to remain at home (without specifying an ii. a voluntary placement agreement or alternative timeframe) and the child does, in fact, remain at voluntary relinquishment; or home and no removal occurs, the requirement for removal is not met and the child is ineligible for title IV-E. b. meets all medical or disability requirements of title XVI with respect to eligibility for supplemental (C)The court that orders voluntary commitment contains the security income benefits; or appropriate judicial determination within one-hundred, eighty (180) days from when the children were removed. c. was residing in a foster family home or child care institution with the child's minor parent, and the child's minor parent was in such foster family 922 KAR 1:060 Title IV-E adoption assistance states in Section home or child care institution pursuant 2

Revised October 22, 2014 to— (3) A special needs child shall: (a) Meet the eligibility criteria established in 42 U.S.C. 673 when i. an involuntary removal of the child from the adoption proceedings are initiated including: the home in accordance with a judicial 1. Eligibility for Aid to Families with Dependent Children determination to the effect that continuation effective on July 16, 1996, upon the child's removal from the in the home would be contrary to the welfare home of a relative; of the child; or 2. Eligible for Supplemental Security Income; 3. Status as a child: ii. a voluntary placement agreement or a. Born to a minor parent who is receiving Title IV-E foster voluntary relinquishment; and care maintenance; and b. Who has received Title IV-E foster care maintenance; d. has been determined by the State or Tribe, and pursuant to subsection 473(c)(2), to be a child (b) Not have a parent with custody or legal claim to the child. with special needs. 4. Having been in foster care for sixty (60) consecutive months on or after October 1, 2009; or 5. Status as a sibling of a child described in subparagraph 1 or 4 of this paragraph to be placed in the same adoption placement as the child 473 (a)(2)(C)(ii) 4. In the case of a child who is an applicable child 922 KAR 1:060 Title IV-E adoption assistance states in Section for the fiscal year as so defined in 473(e), the 2: child will be treated as meeting the requirements (5) If an adoption assistance agreement is terminated in accordance to receive adoption assistance payments if the with Section 7 of this administrative regulation, a child previously child: eligible for federal Title IV-E adoption assistance shall be treated as having the same financial circumstances as the child had when a. meets the requirements of 473(a)(2)(A)(ii)(II); originally adopted. and Protection and Permanency Operating Manual: Chapter 31- Standards of Practice Regarding Title IV-E, Medicaid and Other b. is determined eligible for adoption assistance Applicable Benefits; Section: 31.10 Title IV-E Adoption: payments under this part with respect to a prior Children with special needs adopted after October 1, 1997, who adoption (or who would have been determined were initially eligible for IV-E adoption assistance and whose eligible for such payments had the Adoption and adoptions were dissolved, will be able to continue their IV-E Safe Families Act of 1997 been in effect at the eligibility when adopted again. time that such determination would have been made; and

c. is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died.

Revised October 22, 2014 A. II. ELIGIBILITY – Non-applicable child (Currently effective, but beginning October 1, 2009, decreases based on the criteria in 473(e) until October 1, 2017, at which time this authority ends) A. II. ELIGIBILITY – Non-applicable Child 922 KAR 1:060. Federal Title IV-E adoption assistance: (Currently effective, but beginning October 1, Section 2. Adoption Assistance Eligibility Criteria. 2009, decreases based on the criteria in 473(e) (4) In accordance with 42 U.S.C. 673, as amended by Pub.L. 110- until October 1, 2017, at which time this authority 351, effective October 1, 2009, eligibility for Aid for Families with ends) Dependent Children specified in subsection (3)(a)1* of this section shall not apply to a child who is at least: (a) Sixteen (16) years old on September 30, 2010; (b) Fourteen (14) years old on September 30, 2011; (c) Twelve (12) years old on September 30, 2012; (d) Ten (10) years old on September 30, 2013; (e) Eight (8) years old on September 30, 2014; (f) Six (6) years old on September 30, 2015; (g) Four (4) years old on September 30, 2016; (h) Two (2) years old on September 30, 2017; or (i) Any age on September 30, 2018.

*(3) A special needs child shall: (a) Meet the eligibility criteria established in 42 U.S.C. 673 when the adoption proceedings are initiated including: 1. Eligibility for Aid to Families with Dependent Children effective on July 16, 1996, upon the child's removal from the home of a relative 473 (a)(1)(A) 1. Adoption assistance payments may be made to 473 (c)(1) parents who adopt a child with special needs. In the case of a child who is not an applicable child, as defined in 473(e), for a fiscal year, the child shall not be considered a child with special needs unless: 473 (c)(1)(A) a. the State/Tribe has determined the child KRS 199.557 Federal Title IV-E adoption assistance: cannot or should not be returned to the home of (2) Federal Title IV-E adoption assistance shall be paid to the his or her parents; and adoptive parent or parents after conclusion of the adoption if the child meets the eligibility criteria established at 42 U.S.C. sec. 673.

KRS 199.555 State-funded adoption assistance payments -- Conditions (1) A "special-needs child" means: (a) A child which the state has determined cannot or should not be returned to the home of the child's parents

922 KAR 1:060 Federal Title IV-E adoption assistance in Section 2 A child shall be determined by the cabinet as a special needs child in

Revised October 22, 2014 accordance with 42 U.S.C. 673(c), if: (3) A special needs child shall: (b) Not have a parent with custody or legal claim to the child.

922 KAR 1:050. State funded adoption assistance states: Section 2. Adoption Assistance Eligibility Criteria. (3) A special needs child shall: (b) Not have a parent with custody or a legal claim to the child;

Protection and Permanency Operating Manual: Chapter 31- Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption: The child meets special needs criteria if: The state determines that the child cannot or may not be returned to the home of the child’s parents (e.g. parental rights are terminated). 473 (c)(1)(B) b. the State/Tribe has first determined that a KRS 199.557 Federal Title IV-E adoption assistance: specific factor or condition exists with respect to (2) Federal Title IV-E adoption assistance shall be paid to the the child (such as ethnic background, age, or adoptive parent or parents after conclusion of the adoption if the membership in a minority or sibling group, or the child meets the eligibility criteria established at 42 U.S.C. sec. 673. presence of factors such as medical conditions or physical, mental or emotional disabilities) because 922 KAR 1:060 Federal Title IV-E adoption assistance states in of which it is reasonable to conclude that such Section 2: child cannot be placed for adoption without (1) A child shall be determined by the cabinet as a special needs providing adoption assistance or medical child in accordance with 42 U.S.C. 673(c), if: assistance under title XIX; and (b) The child has a specific factor or condition described by KRS 199.555(1) that makes the child difficult to place for adoption without adoption assistance

KRS 199.555 State-funded adoption assistance payments -- Conditions (1) A "special-needs child" means: (b) A child which the state has first determined: 1. That there exists a specific factor or condition the existence of which leads to the reasonable conclusion that the child cannot be placed with adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX

922 KAR 1:050. State funded adoption assistance Section 2. Adoption Assistance Eligibility Criteria. (1) The secretary shall decide whether to pay and provide adoption assistance in accordance with KRS 199.555(5) if:

Revised October 22, 2014 (a) The child is a special needs child as described in subsection 2 of this section; (2) A special needs child is a child for whom adoptive placement without financial assistance is unlikely in accordance with KRS 199.555(1), because the child: (a) Has a physical or mental disability; (b) Has an emotional or behavioral disorder; (c) Has a recognized risk of physical, mental, or emotional disorder; (d) Is a member of a sibling group in which the siblings are placed together; (e) Has had previous adoption disruption or multiple placements; (f) Is a member of a racial or ethnic minority and two (2) years old or older; or (g) 1. Is age seven (7) or older and has a significant emotional attachment or psychological tie to his foster family; and 2. The cabinet has determined that it would be in the child’s best interest to remain with the family.

Protection and Permanency Operating Manual: Chapter 31- Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption:  The child has a specific special need that indicates that the child cannot be placed with adoptive parents without providing adoption assistance. Such problems may include ethnic background, age or the presence of factors such as medical conditions, or physical, mental or emotional disabilities, a sibling group of three or more or a child who has experienced severe, physical or sexual abuse or whose background includes mental illness 473 (c)(1)(B) c. a reasonable, but unsuccessful, effort has been 922 KAR 1:060 Title IV-E adoption assistance states in Section made to place the child without providing 2 assistance except where it would be against the (1) A child shall be determined by the cabinet as a special needs best interests of the child due to such factors as child in accordance with 42 U.S.C. 673(c), if: the existence of significant emotional ties with (b) The child has a specific factor or condition described by KRS prospective adoptive parents while in the care of 199.555(1) that makes the child difficult to place for adoption such parents as a foster child. without adoption assistance; and (c) Effort has been made to place the child with an appropriate adoptive parent without providing adoption assistance. (2) If the child has a strong emotional tie with the prospective adoptive parent while in the care of the prospective adoptive parent

Revised October 22, 2014 as a foster child an exception to subsection (1)(c) of this section shall be made.

922 KAR 1:050. State funded adoption assistance states Section 2. Adoption Assistance Eligibility Criteria. (2) A special needs child is a child for whom adoptive placement without financial assistance is unlikely in accordance with KRS 199.555(1), because the child: (a) Has a physical or mental disability; (b) Has an emotional or behavioral disorder; (c) Has a recognized risk of physical, mental, or emotional disorder; (d) Is a member of a sibling group in which the siblings are placed together; (e) Has had previous adoption disruption or multiple placements; (f) Is a member of a racial or ethnic minority and two (2) years old or older; or (g) 1. Is age seven (7) or older and has a significant emotional attachment or psychological tie to his foster family; and 2. The cabinet has determined that it would be in the child’s best interest to remain with the family.

Protection and Permanency Operating Manual: Chapter 31- Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption:  A reasonable, but unsuccessful effort was made to place the child with appropriate adoptive parents without providing adoption assistance. This criterion need not be met if the state can show that such a placement effort is not in the best interests of the child, because of the existence of significant emotional ties with prospective parents while in their care as a foster child.

473 (a)(2)(A) 2. In the case of a child who is not an applicable child for the fiscal year as defined in 473(e), 473 (a)(2)(A)(i) adoption assistance payments may be made if the child has been determined by the State/Tribe 473 (a)(2)(A)(i)(II) pursuant to section 473(c) to be a child with special needs and:

473 (a)(2)(A)(i)(I) a. was removed from the home of a relative KRS 199.557 Federal Title IV-E adoption assistance states in Section (aa) specified in section 406(a) of the Act (as in effect (2) “Federal Title IV-E adoption assistance shall be paid to the on July 16, 1996) and placed in foster care in adoptive parent or parents after conclusion of the adoption if the

Revised October 22, 2014 accordance with a voluntary placement agreement child meets the eligibility criteria established at 42 U.S.C. sec. 673.” with respect to which Federal payments are provided under section 474 (or section 403, as in 922 KAR 1:060 Federal Title IV-E adoption assistance Section 2 effect on July 16, 1996), or in accordance with a (3) A special needs child shall: judicial determination to the effect that (a) Meet the eligibility criteria established in 42 U.S.C. 673 when continuation in the home would be contrary to the the adoption proceedings are initiated including: welfare of the child; and 1. Eligibility for Aid to Families with Dependent Children effective on July 16, 1996, upon the child's removal from i. received AFDC, in that relative's home, the home of a relative; under the State plan approved under section 402 of the Act (as in effect 7/16/96), or Protection and Permanency Operating Manual: Chapter 31- would have received AFDC under such plan Standards of Practice Regarding Title IV-E, Medicaid and Other had application been made, in or for the Applicable Benefits; Section: 31.10 Title IV-E Adoption: month the voluntary placement agreement Assures that the necessary documents for eligibility are submitted in was entered into or court proceedings leading accordance to SOP 31.2 Title IV-E Eligibility and to the judicial determination referred to in Reimbursability: section 473(a)(2)(A)(i) were initiated; or 4. The CBW [children’s benefits worker] ensures that: ii. had been living with a relative specified in (A)The wording of the court order states that continuation in the section 406(a) of the Act within six months home is contrary to the welfare of the child. This wording is before the month in which a voluntary required for the child to be title IV-E eligible as outlined in placement agreement was entered into or SOP 31.1 Title IV-E Determination. The judicial determination court proceedings leading to the judicial for IV-E eligibility requires that the results in the child's determination referred to in section 473(a)(2) removal coincide with (i.e. occur at the same time as) the (A)(i), were initiated and would have received Cabinet's action to physically or constructively remove the AFDC in that relative's home under the State child, unless the court order specifies an alternative timeframe plan approved under section 402 of the Act for removal. If a court makes a judicial determination that it for that month, if in that month the child had is contrary to the child's welfare to remain at home (without been living with such relative and application specifying an alternative timeframe) and the child does, in had been made; fact, remain at home and no removal occurs, the requirement for removal is not met and the child is ineligible for title IV-E. (Tribes, see also section 7 (AFDC)) (C)The court that orders voluntary commitment contains the appropriate judicial determination within one-hundred, eighty (180) days from when the children were removed. 473 (a)(2)(A)(i)(I) b. meets all the requirements of title XVI of the KRS 199.557 Federal Title IV-E adoption assistance states in Section (bb) Act with respect to eligibility for supplemental (2) Federal Title IV-E adoption assistance shall be paid to the security income benefits; or adoptive parent or parents after conclusion of the adoption if the child meets the eligibility criteria established at 42 U.S.C. sec. 673.

922 KAR 1:060 Title IV-E adoption assistance states in Section 2 (3) A special needs child shall: (a) Meet the eligibility criteria established in 42 U.S.C. 673 when

Revised October 22, 2014 the adoption proceedings are initiated including: 2. Eligible for Supplemental Security Income 473 (a)(2)(A)(i)(I) c. is a child whose costs in a foster family home 922 KAR 1:060 Federal Title IV-E adoption assistance states in (cc) or child-care institution are covered by the foster Section 2: care maintenance payments being made with (3) A special needs child shall: respect to the minor parent of the child as (a) Meet the eligibility criteria established in 42 U.S.C. 673 when provided in section 475(4)(B). the adoption proceedings are initiated including: 3. Status as a child: a. Born to a minor parent who is receiving Title IV-E foster care maintenance 473 (a)(2)(C)(i) 3. In the case of a child who is not an applicable 922 KAR 1:060 Federal Title IV-E adoption assistance states in child for the fiscal year as defined in 473(e), the Section 2: child will be treated as meeting the requirements (5) If an adoption assistance agreement is terminated in accordance to receive adoption assistance payments if the with Section 7 of this administrative regulation, a child previously child: eligible for federal Title IV-E adoption assistance shall be treated as having the same financial circumstances as the child had when a. meets the requirements of section 473(a)(2) originally adopted. (A)(i)(II); and Protection and Permanency Operational Manual: Chapter 31- Standards of Practice Regarding Title IV-E, Medicaid and Other b. is determined eligible for adoption assistance Applicable Benefits; Section: 31.10 Title IV-E Adoption: payments under 473 of the Act with respect to a Children with special needs adopted after October 1, 1997, who prior adoption; and were initially eligible for IV-E adoption assistance and whose adoptions were dissolved, will be able to continue their IV-E c. is available for adoption because the prior eligibility when adopted again. adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died; and

d. fails to meet the requirements of section 473(a) (2)(A)(i) but will meet such requirements if the child is treated as if the child is in the same financial and other circumstances the child was in the last time the child was determined eligible for adoption assistance payments under section 473 of the Act and the prior adoption is treated as never having occurred.

A. III. ELIGIBILITY – General A. III. ELIGIBILITY – General

Revised October 22, 2014 473 (a)(1)(B) 1. Adoption assistance payments are made to KRS 199.557 Federal Title IV-E adoption assistance adoptive parents who have entered into an Sections 2: Federal Title IV-E adoption assistance shall be paid to adoption assistance agreement (see subsection C the adoptive parent or parents after conclusion of the adoption if the of this plan) with the title IV-E agency. child meets the eligibility criteria established at 42 U.S.C. sec. 673. (3) Agreements for Federal Title IV-E adoption assistance under this section shall be made prior to the adoption of the child.”

KRS 199.5955 Federal medical and adoption assistance states: Consistent with federal law, the Cabinet for Health and Family Services, in connection with the administration of KRS 199.595 to 199.5955 and any compact pursuant hereto shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV (e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The Cabinet for Health and Family Services shall apply for and administer all relevant federal aid in accordance with law.

922 KAR 1:060 Federal Title IV-E adoption assistance states in Section 4: Prior to a prospective adoptive parent receiving an adoption subsidy, the prospective adoptive parent and a cabinet representative shall review and sign the adoption placement agreement. (2) The adoption placement agreement shall advise the prospective adoptive parent of the: (a) Special needs of the child; (b) Cabinet’s expectations; and (c) Services offered by the cabinet to assist the prospective adoptive parent in the adoption process.

Protection and Permanency Manual: Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption Practice Guidance:  A written adoption assistance agreement between the state agency and the prospective parent(s) of a minor child is in effect when all signatures are obtained on the agreement with the prospective adoptive parent(s). o The agreement must be signed prior to the adoption finalization.

Revised October 22, 2014 o A copy of the signed agreement is given to each party. o The agreement, at a minimum specifies: o The duration of the agreement; o The nature and amount of payment, services and assistance; o The child’s eligibility for Medicaid services under title XIX and social services under title XX (effective October 1, 1983); o The agreement will remain in effect regardless of the state in which the child is a resident at any given time (if made on or after October 1, 1983); and o Kentucky’s obligation to remain financially responsible for any medical and social services agreed to under the terms of the agreement, if the child moves to another state, and such services are not available in the receiving state (if the agreement was entered into after October 1, 1983). 473 (a)(2)(D) 2. In determining the eligibility for adoption N/A assistance payments of a child in a legal guardianship arrangement described in section 471(a)(28), the placement of the child with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child shall be considered never to have been made.

B. PAYMENTS – AMOUNTS AND CONDITION 473 (a)(1)(B)(i) B. PAYMENTS – AMOUNTS AND CONDITIONS KRS 199.557 Federal Title IV-E Adoption Assistance: (1) For the purpose of this section, unless the context requires 1. Payments will be made for non-recurring otherwise, "Federal Title IV-E adoption assistance" means a monthly adoption expenses incurred by or on behalf of the payment to assist in the integration of the child into the adoptive adoptive parents in connection with the adoption family and the payment of nonrecurring adoption expenses which of a child with special needs, directly through the include reasonable and necessary adoption fees, court costs, State/Tribal agency or through another public or attorney fees, and other expenses which are directly related to legal nonprofit private agency, in amounts determined adoption of a special-needs child and which are not incurred in through an agreement with the adoptive parents; violation of state or federal law. and (3) Agreements for Federal Title IV-E adoption assistance under this section shall be made prior to the adoption of the child.

922 KAR 1:060 Federal Title IV-E Adoption Assistance states in Section 5 (1) At the time of or prior to finalization of the adoption, an adoptive

Revised October 22, 2014 parent and the cabinet shall negotiate and sign an adoption assistance agreement which shall: (a) Be in effect in accordance with 42 U.S.C. 675(3) and 45 C.F.R. 1356.40(b); (b) Determine the nature and amount of the adoption subsidy; and (c) Remain in effect until terminated, even if the adoptive parent moves out of the Commonwealth of Kentucky. (2) If an adoption is finalized, the cabinet shall pay nonrecurring adoption expenses incurred by an adoptive parent during the adoption of a special needs child pursuant to 45 C.F.R. 1356

Section 6(3) Federal Title IV-E adoption assistance may include: (a) Nonrecurring adoption expenses not to exceed $1,000 incurred in the adoption of a special needs child

KRS 199.555 State-funded adoption assistance payments – Conditions: (2) "State-funded adoption assistance" means a monthly payment to assist in meeting the special needs of a child which was placed by the Cabinet for Health and Family Services. The state-funded adoption assistance shall also include payment of nonrecurring adoption expenses, and may include reimbursement of extraordinary medical expenses. (3) "Nonrecurring adoption expenses" means those expenses which are incurred in the legal adoption of a special-needs child for which parents are ultimately responsible which include reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the special-needs adoption and which are not incurred in violation of state or federal law. (6) Agreements for the payments of state funds under this section shall be made prior to the adoption of the child… (7)…Payment of nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary for health and family services in accord with 42 U.S.C. sec. 673. However, payments under agreements entered into under subsection (6) of this section shall be limited to reimbursement of authorized extraordinary medical expenses related to problems or conditions that existed prior to the adoption.

922 KAR 1:050. State funded adoption assistance: Section 5. Adoption Assistance Agreement. Prior to finalization of the adoption, the prospective adoptive parent and the cabinet shall negotiate and sign an adoption assistance agreement in accordance

Revised October 22, 2014 with KRS 199.555(6) that shall: (1) Determine the nature and amount of the adoption subsidy; and (2) Remain in effect until suspended or terminated in accordance with Section 6 of this administrative regulation.

Section 7. Adoption Assistance Payments. (1) State-funded adoption assistance payments may include: (b) Nonrecurring adoption expenses not to exceed $1,000 incurred in the adoption of a child who is considered a special needs child; and (c) An adoption subsidy. (2) An adoption assistance payment shall begin on the date that the adoption placement agreement and adoption assistance agreement are signed by the adoptive parent and the cabinet.

Protection and Permanency Operating Manual: Chapter 13-Adoption Services; Section: 13.39 Adoption Assistance:  Adoption assistance may include one (1) or more of the following options: o Monthly subsidy o Non-recurring expenses o Extraordinary medical expenses  The purpose of monthly subsidy is to assist the adoptive family in meeting the special needs of the child. Monthly subsidy is a negotiated monthly rate and is not necessarily equal to the applicable foster care per diem for the child. However, the monthly subsidy cannot exceed the applicable DCBS foster care per diem for the child.  The purpose of non-recurring adoption assistance is to offset the expenses of adopting a "special needs" child. The maximum amount cannot exceed $1000.00 per child. Allowable expenses include: court costs, adoption fees, and attorney fees; cost of adoptive home studies, including health and psychological examinations; supervision of placement costs prior to adoption; and transportation, food, and lodging for the child and adoptive parents when necessary to complete the adoptive placement of the adoption finalization process.

Protection and Permanency Operating Manual: Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption:  A written adoption assistance agreement between the state agency and the prospective parent(s) of a minor child is in effect

Revised October 22, 2014 when all signatures are obtained on the agreement with the prospective adoptive parent(s).  The agreement must be signed prior to the adoption finalization.  A copy of the signed agreement is given to each party.  The agreement, at a minimum specifies: o The duration of the agreement; o The nature and amount of payment, services and assistance; o The child’s eligibility for Medicaid services under title XIX and social services under title XX (effective October 1, 1983); o The agreement will remain in effect regardless of the state in which the child is a resident at any given time (if made on or after October 1, 1983); and o Kentucky’s obligation to remain financially responsible for any medical and social services agreed to under the terms of the agreement, if the child moves to another state, and such services are not available in the receiving state (if the agreement was entered into after October 1, 1983). 473 (a)(1)(B)(ii) 2. In any case where the child meets the KRS 199.557 Federal Title IV-E Adoption Assistance: requirements of section 473(a)(2) of the Act, the (3) Agreements for Federal Title IV-E adoption assistance under this State/Tribe may make adoption assistance section shall be made prior to the adoption of the child. payments to adoptive parents, directly through the State/Tribal agency or through another public or 922 KAR 1:060 Federal Title IV-E Adoption Assistance states in nonprofit private agency, in amounts so Section 5 determined through an adoption assistance (1) At the time of or prior to finalization of the adoption, an adoptive agreement (see Section 3, item C of this plan). parent and the cabinet shall negotiate and sign an adoption assistance agreement which shall: (a) Be in effect in accordance with 42 U.S.C. 675(3) and 45 C.F.R. 1356.40(b); (b) Determine the nature and amount of the adoption subsidy; and (c) Remain in effect until terminated, even if the adoptive parent moves out of the Commonwealth of Kentucky.

KRS 199.555 State-funded adoption assistance payments – Conditions: (2) "State-funded adoption assistance" means a monthly payment to assist in meeting the special needs of a child which was placed by the Cabinet for Health and Family Services. The state-funded adoption assistance shall also include payment of nonrecurring adoption expenses, and may include reimbursement of extraordinary medical expenses. (6) Agreements for the payments of state funds under this section

Revised October 22, 2014 shall be made prior to the adoption of the child…

922 KAR 1:050. State funded adoption assistance: Section 5. Adoption Assistance Agreement. Prior to finalization of the adoption, the prospective adoptive parent and the cabinet shall negotiate and sign an adoption assistance agreement in accordance with KRS 199.555(6) that shall: (1) Determine the nature and amount of the adoption subsidy; and (2) Remain in effect until suspended or terminated in accordance with Section 6 of this administrative regulation.

Section 7. Adoption Assistance Payments. (2) An adoption assistance payment shall begin on the date that the adoption placement agreement and adoption assistance agreement are signed by the adoptive parent and the cabinet.

Protection and Permanency Operating Manual Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; Section: 31.10 Title IV-E Adoption:  A written adoption assistance agreement between the state agency and the prospective parent(s) of a minor child is in effect when all signatures are obtained on the agreement with the prospective adoptive parent(s).  The agreement must be signed prior to the adoption finalization.  A copy of the signed agreement is given to each party.  The agreement, at a minimum specifies: o The duration of the agreement; o The nature and amount of payment, services and assistance; o The child’s eligibility for Medicaid services under title XIX and social services under title XX (effective October 1, 1983); o The agreement will remain in effect regardless of the state in which the child is a resident at any given time (if made on or after October 1, 1983); and o Kentucky’s obligation to remain financially responsible for any medical and social services agreed to under the terms of the agreement, if the child moves to another state, and such services are not available in the receiving state (if the agreement was entered into after October 1, 1983).

473 (a)(3) 3. The amount of such payment: [473 (a)(3) a. will take into consideration the circumstances a: of the adopting parents and the needs of the child Protection and Permanency Operating Manual:

Revised October 22, 2014 being adopted; Chapter 13-Adoption Services; Section: 13.39 Adoption Assistance: Practice Guidance: The SSW will take into consideration the circumstances of the adopting parents and the needs of the child being adopted when negotiating adoption assistance payments; however there is no income eligibility requirement (means test) for the adoptive parents in determining their eligibility for adoption assistance.

b. may be adjusted periodically with the b: concurrence of the adoptive parents to reflect 922 KAR 1:060 Federal Title IV-E Adoption Assistance: changing circumstances; and Section 7 states: (1) Renegotiation of an adoption assistance agreement may be requested by the adoptive parent before or after the adoption is finalized in accordance with 42 U.S.C. 673. (2) The renegotiated amount of federal Title IV-E adoption assistance payments shall be agreed upon by the: (a) Adoptive parent; and (b) Cabinet. (3) If the adoption assistance payment is renegotiated in accordance with subsection (1) and (2) of this section, the cabinet and adoptive parent shall sign a new adoption assistance agreement. (4) Federal Title IV-E adoption assistance payments shall not be changed by a move of the adoptive parents out of the state or country.

922 KAR 1:050. State funded adoption assistance: Section 9. Adoption Assistance Renegotiation. (1) Renegotiation of an adoption assistance agreement: (a) May be requested by the cabinet or the adoptive parent before or after the adoption is finalized; and (b) Is contingent on compliance with Sections 2(2), 6, 8, and 11 of this administrative regulation. (2) If conditions in KRS 199.555(6) are met, the cabinet shall reimburse extraordinary medical expenses requested by an adoptive parent of a special needs child to prevent disruption of the adoption: (a) After the adoption is final; and (b) Through state funded adoption assistance. (4) If an adoption assistance payment is changed through renegotiation the cabinet and adoptive parent shall sign a new adoption assistance agreement.

Protection and Permanency Operating Manual: Chapter 13-Adoption

Revised October 22, 2014 Services; Section: 13.43 Adoption Assistance Renegotiation:  Adoption assistance may be renegotiated at any time upon the request of the adoptive parent.  A monthly subsidy does not automatically increase as the child becomes older or the foster care per diem changes.

Procedure: 1. The SSW [social service worker] completes the following tasks when an adoptive family requests an increase in their adoption subsidy: A. Evaluates the situation; B. Obtains documentation concerning special needs or conditions; C. Negotiates the subsidy with the family; D. Prepares an Adoption Assistance Renegotiation Form; E. Forwards through supervisory and administrative channels for approval by the service region administrator or designee; and F. If approved, obtains the adoptive family’s signature, and distributes to the adoptive family, children’s benefits worker and regional billing specialist; or G. If denied, provides the family with a DPP-154 Protection and Permanency Service Appeal, and informs the family of their right to file a service complaint as outlined in SOP 30.1 Service Appeals.

c: KRS 199.557 Federal Title IV-E adoption assistance: (4) Payment shall be out of funds appropriated to the cabinet and c. may not exceed the foster care maintenance Federal Title IV-E funds of the Social Security Act as amended (42 payment which would have been paid during the U.S.C. secs. 673 et seq.). All payments shall be in accordance with period if the child with respect to whom the administrative regulations promulgated by the Cabinet for Health adoption assistance payment is made had been in and Family Services. Payments shall not exceed the amount which a foster family home. would be paid for foster care for the child. Nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary of the Cabinet for Health and Family Services or his designated representative in accordance with 42 U.S.C. secs. 673 et seq.

KRS 199.555 State-funded adoption assistance payments -- Conditions: (7) The payments shall be out of funds appropriated to the cabinet and those funds collected pursuant to KRS 199.473(13), which shall

Revised October 22, 2014 be deposited in a restricted account for the purpose of assisting special-needs adoptions, and shall be in accordance with regulations promulgated by the secretary. The payments shall not exceed the amount which would be paid for foster care for the child. Monthly state-funded assistance payments shall not exceed the amount which would be paid for foster care for the child and may include reimbursement for extraordinary medical expenses. Payment of nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary for health and family services in accord with 42 U.S.C. sec. 673. However, payments under agreements entered into under subsection (6) of this section shall be limited to reimbursement of authorized extraordinary medical expenses related to problems or conditions that existed prior to the adoption.

Protection and Permanency Manual: Chapter 13-Adoption Services; Section: 13.39 Adoption Assistance: … Monthly subsidy is a negotiated monthly rate and is not necessarily equal to the applicable foster care per diem for the child. However, the monthly subsidy cannot exceed the applicable DCBS foster care per diem for the child. 1356.40 (c) 4. In determining eligibility for adoption Protection and Permanency Operating Manual: assistance payments, there is no income eligibility Chapter 13-Adoption Services; Section: 13.39 Adoption Assistance: requirement (means test) for the adoptive Practice Guidance: parents. The SSW will take into consideration the circumstances of the adopting parents and the needs of the child being adopted when negotiating adoption assistance payments; however there is no income eligibility requirement (means test) for the adoptive parents in determining their eligibility for adoption assistance. 473 (a)(4) 5. Payments are terminated when the State/Tribal KRS 199.555 States funded adoption assistance payments agency determines that: (8) State-funded adoption assistance payments shall not be made to parents if: a. the child has attained the age of 18, or (a) The child has attained the age of eighteen (18), except that such greater age as the State/Tribal agency if the child is enrolled in a state or federal educational program, may elect under section 475(8)(B)(iii); or the payments may continue through age twenty-one (21); (b) The cabinet determines the parents are no longer legally responsible for the support of the child; or b. the child has attained 21 years of age, if (c) The cabinet determines that the child is no longer receiving the state/Tribal agency determines that the any support from the parents. child has a mental or physical disability which warrants the continuation of 922 KAR 1:060 Federal Title IV-E Adoption Assistance assistance to age 21; or Section 7 In accordance with KRS 199.557 and 42 U.S.C. 673(a)(4),

Revised October 22, 2014 federal Title IV-E adoption assistance payments shall be terminated c. the parents are no longer legally if: responsible for the support of the child who (1) The adoptive parent requests; has not yet attained 18 years of age; or (2) The child reaches age: 1. Eighteen (18); or 2. Twenty-one (21), if the child is determined to have a d. the adoptive parents are no longer disability in accordance with Section 6(2) of this providing any support to the child. administrative regulation; (3) The cabinet determines that the: 1. Adoptive parent is no longer legally responsible for the support of the child; or 2. Child is no longer receiving support from the adoptive parent; or (4) No adoptive parent who signed the adoption assistance agreement remains living. 473 (a)(4) 6. The adoptive parents are required to inform the KRS 199.555 State Funded Adoption Assistance Payments State/Tribal agency of circumstances that would Section (9) “Parents who have been receiving state-funded adoption make them ineligible for adoption assistance assistance payments under this section shall keep the cabinet payments or eligible for adoption assistance informed of circumstances which would, pursuant to subsection (8) payments in a different amount. of this section, make them ineligible for assistance, or eligible for assistance in a different amount.

922 KAR 1:060 Federal Title IV-E Adoption Assistance states in Section 10. Notice of Change: (2) In accordance with 42 U.S.C. 673, an adoptive parent shall notify the cabinet of any change in circumstance that would make the adoptive parent ineligible for adoption assistance payments or change the amount of the adoption assistance payment.

922 KAR 1:050. State funded adoption assistance; Section 11. Notice of Change: (2) An adoptive parent shall notify the cabinet of any changes in circumstances that would make the adoptive parent ineligible for adoption assistance payments or change the amount of the adoption assistance payment as described in KRS 199.555(9) and Section 6 of this administrative regulation.

DPP-1258 Title IV-E Adoption Assistance Agreement

473 (a)(7) 7. No payment may be made to parents with KRS 199.557 Federal Title IV-E Adoption Assistance states in Section respect to any applicable child for a fiscal year (2) Federal Title IV-E adoption assistance shall be paid to the that: adoptive parent or parents after conclusion of the adoption if the

Revised October 22, 2014 a. would be considered a child with special child meets the eligibility criteria established at 42 U.S.C. sec. 673. needs under 473(c)(2); b. is not a citizen or resident of the United States; and c. was adopted outside of the United States or was brought into the United States for the purpose of being adopted.

8. A child that is not a citizen or resident of the US and was adopted outside of the US or brought into the US for the purpose of being adopted may be eligible for adoption assistance payments if the initial adoption of the child by parents is a failure and the child is subsequently placed into foster care.

C. ADOPTION ASSISTANCE AGREEMENT 475 (3) C. ADOPTION ASSISTANCE AGREEMENT KRS 199.557 Federal Title IV-E Adoption Assistance 1. An adoption assistance agreement is a written Section (3): Agreements for Federal Title IV-E adoption assistance agreement, binding on all parties, between the under this section shall be made prior to the adoption of the child. State/Tribal agency, other relevant agencies, and the prospective adoptive parents. 922 KAR 1:060 Federal Title IV-E Adoption Assistance Section 5: At the time of or prior to finalization of the adoption, an adoptive parent and the cabinet shall negotiate and sign an adoption assistance agreement which shall: (a) Be in effect in accordance with 42 U.S.C. 675(3) and 45 C.F.R. 1356.40(b); (b) Determine the nature and amount of the adoption subsidy; and (c) Remain in effect until terminated, even if the adoptive parent moves out of the Commonwealth of Kentucky.

DPP-1258 Title IV-E Adoption Assistance Agreement

Revised October 22, 2014 1356.40 (b) 2. The adoption assistance agreement meets the requirements of section 475(3) of the Act as stated below:

1356.40 (b)(1) a. is signed by the adoptive parents and a KRS 199.557 Federal Title IV-E Adoption Assistance representative of the State/Tribal agency and is in Section (3): Agreements for Federal Title IV-E adoption assistance effect before adoption assistance payments are under this section shall be made prior to the adoption of the child. made under title IV-E, but no later than the finalization of the adoption; 922 KAR 1:060 Federal Title IV-E Adoption Assistance Section 5: At the time of or prior to finalization of the adoption, an adoptive parent and the cabinet shall negotiate and sign an adoption assistance agreement which shall: (a) Be in effect in accordance with 42 U.S.C. 675(3) and 45 C.F.R. 1356.40(b); (c) Remain in effect until terminated, even if the adoptive parent moves out of the Commonwealth of Kentucky.

Section 7. Adoption Assistance Payments. (2) An adoption assistance payment shall begin on the date that the adoption placement agreement and adoption assistance agreement are signed by the adoptive parent and the cabinet.

1356.40 (b)(2) b. specifies the duration of the agreement; KRS 199.557 Federal Title IV-E Adoption Assistance states in Section 475 (3) (3) “Agreements for Federal Title IV-E adoption assistance under this section shall be made prior to the adoption of the child.”

922 KAR 1:060 Federal Title IV-E Adoption Assistance states in Section 5 “At the time of or prior to finalization of the adoption, an adoptive parent and the cabinet shall negotiate and sign an adoption assistance agreement which shall: (a) Be in effect in accordance with 42 U.S.C. 675(3) and 45 C.F.R. 1356.40(b); (c) Remain in effect until terminated, even if the adoptive parent moves out of the Commonwealth of Kentucky.

Revised October 22, 2014 922 KAR 1:050. State funded adoption assistance: Section 5. Adoption Assistance Agreement. Prior to finalization of the adoption, the prospective adoptive parent and the cabinet shall negotiate and sign an adoption assistance agreement in accordance with KRS 199.555(6) that shall: (1) Determine the nature and amount of the adoption subsidy; and (2) Remain in effect until suspended or terminated in accordance with Section 6 of this administrative regulation.

1356.40 (b)(3) c. specifies the amount of the adoption assistance KRS 199.557 Federal Title IV-E Adoption Assistance states in Section payments (if any) and the nature and amount of (3) “Agreements for Federal Title IV-E adoption assistance under this any other payments, services and assistance to be section shall be made prior to the adoption of the child.” provided (including non-recurring adoption expenses in agreements for expenditures incurred 922 KAR 1:060 Federal Title IV-E Adoption Assistance states in by the parents); Section 5: At the time of or prior to finalization of the adoption, an adoptive parent and the cabinet shall negotiate and sign an adoption assistance agreement which shall: (b) Determine the nature and amount of the adoption subsidy; and

473 (b) d. specifies the child's eligibility for title XIX and DPP-1258 Title IV-E Adoption Assistance Agreement: title XX; I. Section C. Medical Care 1. State Funded and Title IV-E Eligible Medical benefits as provided under Title XIX of the Social Security Act (Medicaid) shall be available in accordance with the procedures of the Commonwealth of Kentucky. It is agreed that whenever possible the child shall be included under the adoptive family's health insurance, which shall be utilized to the fullest extent possible.

2. Title IV-E Eligible Only Medical reimbursement shall be provided by the Commonwealth of Kentucky if the child moves to another state and the cost of medical care provided under this agreement is not provided by Title XIX in the state in which the child resides.

Section D. Social Services Social services as provided under Title XX of the Social Security Act shall be available in accordance with the procedures of the state of residence. Application for social services may be made at the local Social Services Office. 475 (3)(B) e. specifies that the agreement remains in effect DPP-1258 Title IV-E Adoption Assistance Agreement:

Revised October 22, 2014 regardless of the State or Tribal service area of I. Section D. Social Services residence of the adoptive parents; This Adoption Assistance Agreement shall continue in force in the event the adoptive family lives in or moves to a state other than Kentucky. Kentucky is a member of the Interstate Compact on Adoption and Medical Assistance. All necessary documentation shall be forwarded to the receiving state upon notification of a pending move of an active assistance family. Detailed instructions shall be supplied to the family at the time of the move with regard to how and where to apply for medical care and social services. Adoption assistance payments shall continue from the Commonwealth of Kentucky.

475 (3) f. contains provisions for the protection of the DPP-1258 Title IV-E Adoption Assistance Agreement: interests of the child in case the adoptive parents I. Section D. Social Services and child should move to another State or out of the Tribal service area while the agreement is in Social services as provided under Title XX of the Social Security Act effect; and shall be available in accordance with the procedures of the state of residence. Application for social services may be made at the local Social Services Office.

This Adoption Assistance Agreement shall continue in force in the event the adoptive family lives in or moves to a state other than Kentucky. Kentucky is a member of the Interstate Compact on Adoption and Medical Assistance. All necessary documentation shall be forwarded to the receiving state upon notification of a pending move of an active assistance family. Detailed instructions shall be supplied to the family at the time of the move with regard to how and where to apply for medical care and social services. Adoption assistance payments shall continue from the Commonwealth of Kentucky.

1356.40 (d) g. if a needed service specified in the agreement is DPP-1258 Title IV-E Adoption Assistance Agreement: not available in the new State or service area of I. Section D. Social Services residence, the State/Tribe making the original This Adoption Assistance Agreement shall continue in force in the adoption assistance payment remains financially event the adoptive family lives in or moves to a state other than responsible for providing the specified service(s). Kentucky. Kentucky is a member of the Interstate Compact on Adoption and Medical Assistance. All necessary documentation shall be forwarded to the receiving state upon notification of a pending move of an active assistance family. Detailed instructions shall be supplied to the family at the time of the move with regard to how and where to apply for medical care and social services. Adoption assistance payments shall continue from the Commonwealth of Kentucky.

Revised October 22, 2014 II. Notification of Change B. Adjustments shall be made to the adoption assistance agreement if requested by the adoptive parents and considered by the Cabinet to be appropriate. Parents shall notify the Cabinet of changes of address or any other circumstances, which could make them… eligible for payments in a different amount.

D. MEDICAID AND SOCIAL SERVICES 473 (b)(1-4) D. MEDICAID AND SOCIAL SERVICES 922 KAR 1:060 Federal Title IV-E adoption assistance states in Section 2: 1. For the purposes of titles XIX and XX, any (3) A special needs child shall: eligible child for whom there is an adoption (a) Meet the eligibility criteria established in 42 U.S.C. 673 when assistance agreement in effect under section the adoption proceedings are initiated including: 473(a)(2) (whether or not adoption assistance 3. Status as a child: payments are being made) is deemed to be a a. Born to a minor parent who is receiving Title IV-E dependent child as defined in 406 of the Act and is foster care maintenance deemed to be a recipient of AFDC under part A of title IV of the Act (as in effect 7/16/96) in the 907 KAR 1:011 Technical Eligibility Requirements State in which such child resides. Any child of Section 2 such eligible child will be eligible for such services. (1) An individual receiving Title IV-E benefits, Supplemental Security Income, or Optional or Mandatory State Supplementation shall be eligible for Medicaid as a categorically-needy individual. (2) The following classifications of needy persons shall be included in the program as categorically needy and thus eligible for Medicaid participation: (a) A child in a foster family care or private nonprofit child-caring institution dependent on a governmental or private agency; (e) A child in a subsidized adoption dependent on a governmental agency; (f) A child (but not his parents) who: 1. Would have been financially eligible for Aid to Families with Dependent Children benefits using the AFDC methodologies in effect on July 16, 1996; and 2. Meets the definition of Section 1(2) of this administrative regulation

471 (a)(21)(A)&(B) 2. The State/Tribe will provide health insurance KRS 199.5955 Federal Medical and Adoption Assistance coverage (through one or more State/Tribal Consistent with federal law, the Cabinet for Health and Family medical assistance programs), with the same type Services, in connection with the administration of KRS 199.595 to and kind of benefits as those which would be 199.5955 and any compact pursuant hereto shall include in any provided for children under title XIX, or a state plan made pursuant to the Adoption Assistance and Child comparable medical plan, for any child who has Welfare Act of 1980 (Pub. L. 96-272), Titles IV (e) and XIX of the been determined to be a child with special needs, Social Security Act, and any other applicable federal laws, the

Revised October 22, 2014 for whom there is in effect an adoption assistance provision of adoption assistance and medical assistance for which agreement between the State/Tribal agency and the federal government pays some or all of the cost. The Cabinet for an adoptive parent or parents, and who the Health and Family Services shall apply for and administer all State/Tribal agency has determined cannot be relevant federal aid in accordance with law. placed with an adoptive parent or parents without medical assistance due to special needs for 907 KAR 1:011 Technical Eligibility Requirements states in Section 2 medical, mental health or rehabilitative care. (1) and (2): An individual receiving Title IV-E benefits, Supplemental Security Income, or Optional or Mandatory State Supplementation shall be eligible for Medicaid as a categorically- needy individual. (2) The following classifications of needy persons shall be included in the program as categorically needy and thus eligible for Medicaid participation: (a) A child in a foster family care or private nonprofit child- caring institution dependent on a governmental or private agency; (e) A child in a subsidized adoption dependent on a governmental agency; (f) A child (but not his parents) who: 1. Would have been financially eligible for Aid to Families with Dependent Children benefits using the AFDC methodologies in effect on July 16, 1996; and 2. Meets the definition of Section 1(2) of this administrative regulation 471 (a)(21)(C)&(D) 3. In the event that the State/Tribe provides such N/A coverage through a State/Tribe medical assistance Kentucky provides assistance through its Medicaid Title XIX program other than the program under title XIX, program. and the State/Tribe exceeds its funding for services under such other program, any such child is deemed to be receiving aid or assistance under the State/Tribe plan under this part for purposes of section 1902(a)(10)(a)(i)(1); and in determining cost-sharing requirements, the State/Tribe will take into consideration the circumstances of the adopting parent or parents and the needs of the child being adopted to the extent coverage is provided through a State/Tribal medical assistance program, consistent with the rules under such program.

E. ELIGIBILITY FOR ADOPTION INCENTIVE FUNDING

Revised October 22, 2014 473 A(b) E. ELIGIBILITY FOR ADOPTION INCENTIVE 907 KAR 1:011 Technical Eligibility Requirements FUNDING Section 2 States are eligible for adoption incentive funds in (1) An individual receiving Title IV-E benefits, Supplemental Security FY's 2008 through 2012, if: Income, or Optional or Mandatory State Supplementation shall be eligible for Medicaid as a categorically-needy individual. 1. (2) The following classifications of needy persons shall be included in a. the number of foster child adoptions in the the program as categorically needy and thus eligible for Medicaid State during the fiscal year exceeds the number participation: of foster child adoptions for the State in fiscal (a) A child in a foster family care or private nonprofit child-caring year 2007; or institution dependent on a governmental or private agency; (e) A child in a subsidized adoption dependent on a governmental b. the number of older child adoptions in the agency; State during the fiscal year exceeds the base (f) A child (but not his parents) who: number of older child adoptions for the State 1. Would have been financially eligible for Aid to Families with for the fiscal year; or Dependent Children benefits using the AFDC methodologies in effect on July 16, 1996; and c. the State’s foster child adoption rate for the 2. Meets the definition of Section 1(2) of this administrative fiscal year exceeds the highest ever foster child regulation adoption rate determined for the State; and

2. the State is in compliance with the data requirements in section 473A (c) of the Act [Sec. 473A. {42 U.S.C. 673b}: (c) Data Requirements. —(1) In general.—A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary the data described in paragraph (2)—Determination of numbers of adoptions based on AFCARS data.—The Secretary shall determine the numbers of foster child adoptions, of special needs adoptions that are not older child adoptions, and of older child adoptions in a State during a fiscal year, and the foster child adoption rate for the state for the fiscal year for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year.]; and

3. the State provides health insurance coverage to any child with special needs (as determined under section 473 (c) for whom there is in effect an adoption assistance agreement.

Revised October 22, 2014 F. ADOPTION TAX CREDIT 471 (a)(33) F. ADOPTION TAX CREDIT Protection and Permanency Operating Manual: Chapter 13-Adoption The State/Tribe informs every individual who is Services; Section: 13.39 Adoption Assistance: Adoptive families are adopting or whom the State or Tribe is made given a copy of the “Kentucky’s Adoption Assistance Handbook.” aware is considering adopting, a child who is in The adoption tax credit is described on page 21. foster care under the responsibility of the State or Tribe of the potential eligibility for a Federal tax credit under section 23 of the Internal Revenue Code of 1986.

G. DEFINITION OF “CHILD” 475 (8) G. DEFINITION OF “CHILD” 600.020 Definitions for KRS Chapters 600 to 645: As used in KRS Chapters 600 to 645, unless the context otherwise For the purposes of the title IV-E adoption requires: (8) "Child" means any person who has not reached his assistance program under section 473, the term eighteenth birthday, unless otherwise provided; “child” means: i. an individual who has not attained 18 years of 620.140 Dispositional alternatives: age; or (1) In determining the disposition of all cases brought on behalf of dependent, neglected, or abused children, the juvenile session of the ii. at the option of the title IV-E agency an District Court, in the best interest of the child, shall have, but shall individual not be limited to, the following dispositional alternatives: (d) Commitment of the child to the custody of the cabinet for a. with respect to whom an adoption placement for an indeterminate period of time not to exceed his assistance agreement is in effect under section attainment of the age eighteen (18). To allow participation in 473 if the individual had attained age 16 state or federal educational programs or to permit the cabinet to before the adoption assistance agreement assist the child in establishing independent living arrangements, became effective and any person who is or has been committed to the cabinet as dependent, neglected, or abused may request that the court c. who meets any of the following conditions: extend or reinstate his commitment up to the age of twenty-one (21). The request shall be made prior to the person's attaining I. the child is completing secondary eighteen (18) years and six (6) months of age. Upon receipt of education or a program leading to an the request and with the concurrence of the cabinet, the court equivalent credential; may authorize commitment up to the age of twenty-one (21).

II. the child is enrolled in an institution which Protection and Permanency Operating Manual: Chapter 31- provides post-secondary or vocational Standards of Practice Regarding Title IV-E, Medicaid and Other education; Applicable Benefits; Section: 31.2 Title IV-E: Practice Guidance: Age: III. the child is participating in a program or  A child loses IV-E eligibility and reimbursability at the beginning activity designed to promote, or remove of the month following the child’s eighteenth (18th) birthday,

Revised October 22, 2014 barriers to, employment; unless the child is enrolled full-time in high school, or any equivalent course of study, and can be reasonably expected to IV. the child is employed for at least 80 graduate prior to the child’s nineteenth (19th) birthday. hours per month; or  When the child meets this expectation, reimbursement may continue until the beginning of the month following the child’s V. the child is incapable of doing any of the graduation but no later than the month following the child's above described activities due to a medical nineteenth (19th) birthday. condition  The CBW discontinues IV-E when the child no longer meets the age requirements and notifies the SSW when the child is discontinued.

SECTION 4. GENERAL PROGRAM REQUIREMENTS Federal Regulatory/ State Regulatory, Statutory, and Policy References and Statutory References Requirement Citations for Each

SECTION 4. GENERAL PROGRAM REQUIREMENTS

A. STANDARDS FOR FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS 471 (a)(10) A. STANDARDS FOR FOSTER FAMILY HOMES [1 and 2] AND CHILD CARE INSTITUTIONS KRS 199.420 Administrative functions of secretary -- Personnel -- Compensation and other benefits -- [1] The agency has established or designated Administrative costs: a State/Tribal authority(ies) which is (1) The secretary may promulgate administrative responsible for establishing and maintaining regulations authorized by statute for the proper standards for foster family homes and child administration of the functions of the cabinet, including care institutions which are reasonably in qualification for the receipt of federal funds and for accord with recommended standards of cooperation with other state and federal agencies. national organizations concerned with standards for such institutions or homes, KRS 199.640 Licensing of child-caring and child-placing including standards related to admission agencies or facilities -- License fees -- Standards -- policies, safety, sanitation, and protection of Recordkeeping and reporting -- Use of corporal punishment civil rights. -- Prohibition against hiring convicted sex offender -- Confidentiality of records [2] The standards so established are applied (1) Any facility or agency seeking to conduct, operate, or by the State to any foster family home or maintain any child-caring facility or child-placing agency child-care institution receiving funds under shall first obtain a license to conduct, operate, or maintain titles IV-E or IV-B. the facility or agency from the cabinet. (2) The cabinet shall: [3] The State/Tribal agency has provided (a) Develop standards, as provided in subsection (5) of

Revised October 22, 2014 that waivers of such standards may be made this section, which must be met by any facility or only on a case-by-case basis for non-safety agency seeking to be licensed to conduct, operate, or standards (as determined by the State/Tribe) maintain a child-caring facility or child-placing agency; in relative foster family homes for specific (b) Issue licenses to any facility or agency found to children in care. meet established standards and revoke or suspend a license after a hearing in any case that a facility or (Tribes, see section 7) agency holding a license is determined to have substantially failed to conform to the requirements of the standards; (c) Establish and follow procedures designed to insure that any facility or agency licensed to conduct, operate, or maintain a child-caring facility or child-placing agency complies with the requirements of the standards on an ongoing basis. (5) (a) The secretary shall promulgate administrative regulations establishing basic standards of care and service for child-caring facilities and child-placing agencies relating to the health and safety of all children in the care of the facility or agency, the basic components for a quality program, as referenced below, and any other factors as may be necessary to promote the welfare of children cared for or placed by the agencies and facilities. Standards established may vary depending on the capacity of the agency or facility seeking licensure. These administrative regulations shall establish standards that insure that: 1. The treatment program offered by the facility or agency is directed toward child safety, improved child functioning, improved family functioning, and continuity and permanence for the child; 2. The facility or agency has on staff, or has contracted with, individuals who are qualified to meet the treatment needs of the children being served, including their psychological and psychiatric needs; 3. The facility or agency has procedures in place to insure that its staff receives ongoing training and that all staff members who are required to do so meet all regional and national standards; 4. The facility or agency develops an integrated, outcomes-based treatment plan that meets the health, mental health, education, safety, and security needs of each child in its care; 5. The facility or agency has procedures in place to include parents, family, and other caregivers in a child's

Revised October 22, 2014 treatment program; 6. The facility or agency has procedures in place whereby it evaluates its programs on a quarterly basis and documents changes in the program if the results of the review indicate a change is needed

[3] N/A

1355.20 (a) 1. Foster family home means, for the In Kentucky, family foster homes approved and foster 472 (c)(1) purpose of title IV-E eligibility, the home of homes approved through licensed programs are held to an individual or family licensed or approved similar standards. The applicable regulations are: as meeting the standards established by the 922 KAR 1:310. Standards for child-placing agencies. State/Tribal licensing or approval 922 KAR 1:350. Family preparation. authority(ies) (or with respect to foster 490 Background checks for foster and adoptive parents, family homes on or near Indian reservations, caretaker relatives, and reporting requirements by the tribal licensing or approval authority(ies)), that provides 24-hour out-of- home care for children. The term may include group homes, agency-operated boarding homes or other facilities licensed or approved for the purpose of providing foster care by the State/Tribal agency responsible for approval or licensing of such facilities. (Tribes, see also section 7)

Foster family homes that are approved must be held to the same standards as foster family homes that are licensed.

Anything less than full licensure or approval is insufficient for meeting title IV-E eligibility requirements. 1355.20 (a)(2) 2. Child care institution means a private KRS 199.011 Definitions for Chapter child care institution, or a public child care (4) "Child" means any person who has not reached his 472 (c)(2) institution which accommodates no more eighteenth birthday; than 25 children, and is licensed by the State (6) “Child-caring facility" means any institution or group or Tribe in which it is situated or has been home, including institutions and group homes that are approved by the agency of such State or publicly operated, providing residential care on a twenty- tribal licensing authority (with respect to four (24) hour basis to children, not related by blood, child care institutions on or near Indian adoption, or marriage to the person maintaining the facility, reservations) responsible for licensing or other than an institution or group home certified by an approval of institutions of this type as appropriate agency as operated primarily for educational or meeting the standards established for such medical purposes, or a residential program operated or

Revised October 22, 2014 licensing, except, in the case of a child who contracted by the Department of Juvenile Justice that has attained 18 years of age, the term maintains accreditation, or obtains accreditation within two includes a supervised setting in which the (2) years of opening from a nationally recognized individual is living independently. accrediting organization (10) "Group home" means a homelike facility, excluding This definition must not include detention Department of Juvenile Justice operated or contracted facilities, forestry camps, training schools, or facilities, for not more than eight (8) foster children, not any other facility operated primarily for the adjacent to or part of an institutional campus, operated by detention of children who are determined to a sponsoring agency for children who may participate in be delinquent. community activities and use community resources; (11): "Institution" means a child-caring facility providing care or maintenance for nine (9) or more children (Tribes, see also section 7 for requirements related to 471(a)(10).) 922 KAR 1:300 Standards for Child-Caring Facilities (6) "Child" is defined at KRS 199.011(4) and 600.020(8) and may include: (a) 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 (b) A child who meets the exceptions to the age of majority in accordance with KRS 2.015. (7) "Child-caring facility" is defined at KRS 199.011(6). (9) "Child-caring program" means the method of delivering a child-caring service.

Revised October 22, 2014 B. REVIEW OF PAYMENTS AND LICENSING STANDARDS 1356.21 (m)(1)&(2) B. REVIEW OF PAYMENTS AND LICENSING 1. 471 (a)(11) STANDARDS KRS 605.120 Payments to Home Where Children are Placed Section 3: The cabinet shall review reimbursement rates The agency reviews at reasonable, specific, paid to foster parents on a biennial basis and shall issue a time-limited periods established by the report in October of each odd-numbered year to the State/Tribe: Legislative Research Commission comparing the rates paid by Kentucky to the figures presented in the Expenditures on 1. the amount of the payment made for Children by Families Annual Report prepared by the United foster care maintenance and adoption States Department of Agriculture and the rates paid to assistance to assure their continued foster parents by other states. To the extent that funding is appropriateness; and available, reimbursement rates paid to foster parents shall be increased on an annual basis to reflect cost of living increases. 2. the licensing or approval standards for child care institutions and foster family 2. homes. In Kentucky, licensing and approval standards are reviewed annually as part of the program administration carried out in the Department.

C. FAIR HEARINGS 471 (a)(12) C. FAIR HEARINGS 922 KAR 1:320 Service Appeals Section 2(2): A resource home parent or adoptive parent The State/Tribal agency has a system for may request review of the following through an granting an opportunity for a fair hearing administrative hearing: (before the State/Tribal agency) to any (a) Failure by the cabinet to: individual whose claim for benefits under this 1. Process reimbursement to a resource home with plan is denied or not acted upon with reasonable promptness; reasonable promptness. 3. Advise an adoptive parent of the availability of adoption assistance in accordance with 922 KAR 1:050, Approval of adoption assistance, or 922 KAR 1:060, Federal Title IV-E adoption assistance; or (b) Determination of ineligibility for adoption assistance upon execution of an adoptive placement agreement under 922 KAR 1:050, Approval of adoption assistance, or 922 KAR 1:060, Federal Title IV-E adoption assistance; (c) Denial of a request for a change in payment level due to a change in circumstances of an adoptive parent or child at the time of renewal of an adoption assistance agreement under 922 KAR 1:050, Approval of adoption assistance, or 922 KAR 1:060, Federal Title IV-E adoption assistance

Revised October 22, 2014 D. INDEPENDENT AUDIT 471(a)(13) D. INDEPENDENT AUDIT In Kentucky, the State Auditor of Public Accounts conducts audits of the IV-E and IV-B programs annually. The State/Tribal Agency will arrange for a periodic and independently conducted audit, no less frequently than once every three years, of the titles IV-E and IV-B programs.

E. CHILD ABUSE AND NEGLECT 471 (a)(9) E. CHILD ABUSE AND NEGLECT The department is developing, through the SACWIS, an annual report of suspected and substantiated instances of The State/Tribal agency will report to an maltreatment within the IV-B and IV-E population. The appropriate agency or official known or report will be reviewed by the Director of the Division of suspected instances of physical or mental Protection and Permanency. injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under titles IV-B or IV-E under circumstances that indicate that the child's health or welfare is threatened.

F. TIMELY INTERSTATE PLACEMENT OF CHILDREN 471 (a)(25)&(26) F. TIMELY INTERSTATE PLACEMENT OF Protection and Permanency Operating Manual: Chapter CHILDREN 10-Interstate Compact on the Placement of Children; 1. The State/Tribe shall have in effect Section: 10.5 Request from Another State for Interstate procedures for the orderly and timely Parental or Relative Home Study: interstate placement of children which The SSW [social services worker] or FSOS [family provides that: services office supervisor]: a. within 60 days after the State/Tribe 2) Completes the home study within thirty (30) receives from another State or Tribe a calendar days and may not exceed sixty (60) calendar request to conduct a study of a home days as provided by the Interstate Compact and environment for purposes of assessing P.L.109-239; the safety and suitability of placing a 3) Mails the home study to the Kentucky ICPC office, in child in the home, the State or Tribe order for it to be forwarded to the requesting state shall, directly or by contract: upon completion. i. conduct and complete the study; and Protection and Permanency Operating Manual: Chapter ii. return to the other State or Tribe 10-Interstate Compact on the Placement of Children; a report on the results of the study Section: 10.6 Request from Another State for Interstate which shall address the extent to Foster Care or Adoptive Home Study: which placement in the home would The R&C worker [recruitment and certification worker]:

Revised October 22, 2014 meet the needs of the child; 1) Follows procedures outlined in SOP 16.2 Resource b. the State or Tribe is not required to Home Approval Process and complete within the applicable time A. Notes that all the requirements outlined in SOP period the parts of the home study 16.2 must be completed for the foster care/adoptive involving the education and training of home study with the exception of the required: the prospective foster or adoptive i. Cabinet approved training; and parents; ii. Fingerprint checks by the Kentucky State Police and Federal Bureau of Investigations; 2) Completes the interstate foster care/adoptive home study within thirty (30) calendar days and may not exceed sixty (60) calendar days; 3) Mails the home study to the Kentucky ICPC office upon completion (excluding the required training and FBI fingerprint checks)

c. and d. c. the State or Tribe shall treat any Chapter 10-Interstate Compact on the Placement of such report that is received from Children; Section: 10.1 Introduction to ICPC Home another State or an Indian tribe (or Evaluations: from a private agency under contract To remain eligible for IV-E funding, the cabinet does not with another State/Tribe) as meeting impose any limitations on the a receiving state’s ability any requirements imposed by the to contract with a private agency for the purpose of State or Tribe for the completion of a conducting the interstate study. The cabinet treats any home study before placing a child in home study received from another state, tribe, or the home, unless, within 14 days after private agency under contract with a state/tribe as receipt of the report, the State or Tribe meeting any cabinet requirement for the completion of determines, based on grounds that are the home study; unless, with 14 days after receipt of specific to the content of the report, the report, the state determines, based on grounds that making a decision in reliance on specific to the content of the report, that making a the report would be contrary to the decision in reliance on the report would be contrary to welfare of the child; and the welfare of the child. The cabinet does not deny or d. the State or Tribe shall not impose delay the placement of a child for adoption when an any restriction on the ability of an approved family is available outside the state (Title IV- agency administering, or supervising E; Section 471(a)(23)(A)&(B) of the Social Security the administration of, a State or Tribal Act). program operated under a plan approved under this part to contract with a private agency for the conduct of such a home study.

G. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION 471(a)(18)(A)&(B) G. REMOVAL OF BARRIERS TO (a-c)

Revised October 22, 2014 INTERETHNIC ADOPTION KRS 199.471 Denial of Adoption on Religious, Ethnic, or 1. A State/Tribe or any other entity in the Racial Grounds applies to both private and public State/Tribe that receives funds from the adoptions. The phrasing, “Petitions for adoption of Federal Government and is involved in children placed for adoption by the cabinet or a licensed 1355.38 (a)(2) adoption or foster care placements may child-placing institution or agency shall not be denied not: on the basis of the religious, ethnic, racial, or interfaith background of the adoptive applicant,” ensures a. deny to any person the opportunity compliance with the federal requirement. to become an adoptive or foster parent, on the basis of race, color, or national The statute contains additional phrasing, “unless origin of the person, or of the child contrary to the expressed wishes of the biological involved; or parent(s),” that permits biological parents to express their wishes as part of their interviews which are a b. delay or deny the placement of a mandated procedural component of the private child for adoption or into foster care, on adoption investigation prepared for the court. Public the basis of race, color, or national adoptions conducted by the IV-E agency are always origin of the adoptive or foster parent or done following a TPR, and procedurally, they do not the child involved; and include a bio-parent interview component, and thus this phrasing does not preclude the federal requirement. c. maintain any statute, regulation, The related regulation for private, independent policy, procedure or practice that, on its adoptions is provided as a further reference: 922 KAR face, is a violation as defined in sections 1:010. Independent adoptions: Section 8. Interviewing 471(a)(18)(A) and (B)). the Biological Parents. (1) If the biological or placing parents, legal father, or putative father reside in Kentucky, the adoption worker shall make a diligent effort to interview the custodial biological or placing parent of the child to be placed and the non-custodial biological parent, legal father, or putative father to: (a) Determine whether or not the biological parents are aware and accepting of the ethnic and religious background of the receiving parents; [and] (b) Determine whether or not they agree to the placement of the child with the proposed receiving parents…

Chapter 4-Out of Home Care Services (OOHC); 4.1 Consideration of Race or Ethnicity_Maintaining Cultural Connections

Chapter 12-Resource Family Recruitment, Certification and Reimbursement Section, 12.3 Resource Home Approval Process: Practice Guidance The Cabinet may not deny any person the opportunity

Revised October 22, 2014 to become a foster or adoptive parent on basis of race, color or national origin of the person or of the child involved (Title IV-E of Section 471(a)(18)(A) of the Social Security Act).

Chapter 13-Adoption Services Effective: 12/28/2010 Section: 13.13 Placement Resources Practice Guidance The Cabinet may not delay or deny an otherwise appropriate placement on the basis of race, color or national origin of the person or of the child involved; however, compliance with the Indian Child Welfare Act (ICWA) of 1978 does not constitute a violation of Section of 471 (a)(18)(B) of the Social Security Act.

Chapter 4-Out of Home Care Services (OOHC); Section: 4.10 Placement: The Cabinet may not delay or deny an otherwise appropriate placement on the basis of race, color or national origin of the person or of the child involved; however, compliance with the Indian Child Welfare Act (ICWA) of 1978 does not constitute a violation of Section of 471 (a)(18)(B) of the Social Security Act.

1355.38 (a)(5) 2. Compliance with the Indian Child Chapter 13-Adoption Services Effective: 12/28/2010 Welfare Act of 1978 (Pub.L.95-608) does Section: 13.13 Placement Resources not constitute a violation of section 471 Practice Guidance (a)(18). The Cabinet may not delay or deny an otherwise appropriate placement on the basis of race, color or national origin of the person or of the child involved; however, compliance with the Indian Child Welfare Act (ICWA) of 1978 does not constitute a violation of Section of 471 (a)(18)(B) of the Social Security Act.

Chapter 4-Out of Home Care Services (OOHC); Section: 4.10 Placement: The Cabinet may not delay or deny an otherwise appropriate placement on the basis of race, color or national origin of the person or of the child involved; however, compliance with the Indian Child Welfare Act (ICWA) of 1978 does not constitute a violation of Section of 471 (a)(18)(B) of the Social Security Act.

Revised October 22, 2014 H. KINSHIP CARE 471 (a)(19) 471 (a)(19) Chapter 4-Out of Home Care Services (OOHC); Section: 4.3 Relative and Absent Parent Search: H. KINSHIP CARE When a child enters out of home care, exploration of possible relative placement, kinship care, or relative 1. The State/Tribe considers giving foster care is an extremely important process. In order preference to an adult relative over a non- for states to receive federal payments for foster care and related caregiver when determining a adoption assistance, federal law (42 USC 617(a)(19)) placement for a child, provided that the requires that the SSW "consider giving preference to an relative caregiver meets all relevant adult relative over a non-related caregiver when State/Tribal child protection standards. determining placement for a child, provided that the relative caregiver meets all relevant state child protection standards."

P.L. 110.351 requires due diligence to identify and notify all adult relatives of a child within thirty (30) days of the child’s removal and of the relative’s option to become a placement resource for the child. More importantly, the child(ren) being placed are much more likely to have a significant attachment to the caregiver and other familial support as a result of being placed with a relative.

471 (a)(29) 2. Within thirty days after the removal of a 922 KAR 1:140 Foster care and adoption permanency: 475 (7) child from the custody of the parent or Section 3 parents of the child, the State/Tribal (5) An absent parent search shall: agency shall exercise due diligence to (a) Be conducted within thirty (30) days of a child identify and provide notice to all adult entering the custody of the cabinet; grandparents and other adult relatives of (b) Be conducted to gather as much information as the child (including any other adult possible related to the person and the person’s location relatives suggested by the parents), which may include: subject to exceptions due to family 1. Date of birth; violence, that: 2. Social Security number; a. specifies that the child has been or is 3. Present or previous employers; and being removed from the custody of the 4. Present or most recent address; and parent or parents of the child; (c) Include a written record of all search attempts, b. explains the options the relative has written correspondence, and telephone contacts with any under Federal, State, and local law or person to assist in locating a parent or relative. Tribal law to participate in the care and placement of the child, including any (6) If a relative placement is in the best interest of the options that may be lost by failing to child, the cabinet shall use an absent parent search to

Revised October 22, 2014 respond to the notice; locate a relative. c. describes the requirements under paragraph 471(a)(10) to become a Chapter 4-Out of Home Care Services (OOHC); Section: foster family home and the additional 4.3 Relative and Absent Parent Search: services and supports that are available The SSW [social service worker]: for the children placed in such a home; 1. Attempts to identify and notify all adult relatives by and utilizing the DPP-1275A Notice to Relative of Removal of d. if the State/Tribe has elected to a Child form within thirty (30) days of the temporary operate a kinship guardianship removal hearing, and of the relatives’ options to become assistance program, describes how the a placement resource for the child; relative guardian of the child may 2. Includes the following people from the child’s family subsequently enter into an agreement in the relative search and notification process: with the State or Tribe under 473(d) to Parents; receive the payments. Grandparents; Adult aunts and uncles; and 3. The legal guardianship means a Adult siblings; judicially created relationship between the 3. Completes the DPP-1275 Relative Exploration form, child and relative which is intended to be with the family at the five (5) day conference (Refer to permanent and self-sustaining as Five Day Conference Checklist); evidenced by the transfer to the relative of 4. Utilizes the Absent Parent Search Form, the Absent the following parental rights with respect to Parent Search Handbook and/or other available search the child: mechanisms to complete the relative search; a. protection; 5. Continues to search for relatives beyond the thirty b. education; (30) day period when attempts have been unsuccessful, c. care and control of the person; and exploration should occur on an ongoing basis and/or d. custody of the person; and at regularly scheduled case planning conferences to e. decision making. promote permanency for the child;

DPP-1275(A) Notice to Relative of Removal of a Child

Absent Parent and Relative Search Handbook

I. SIBLING PLACEMENT 471(a)(31) 471(a)(31) Placement With Siblings Tip Sheet I. SIBLING PLACEMENT The State/Tribe shall make reasonable Chapter 4-Out of Home Care Services (OOHC); Section: efforts to: 4.35 Ongoing Case Planning: 3. Ensures that the following components are always 1. place siblings removed from their home documented on the case plan documentation includes (in in the same foster care, kinship accordance with provisions of Title IV-E of Social Security guardianship, or adoptive placement, Act): unless the State documents that such a E. A schedule for visitation between separated siblings,

Revised October 22, 2014 joint placement would be contrary to the as appropriate to the case circumstances, designed to safety or well-being of any of the siblings; enhance and support the relationship and 922 KAR 1:100 Public agency adoption 2. in the case of siblings removed from Section 2(4): If cabinet staff agree by consensus during their home who are not so jointly placed, a planning conference, a sibling may be separated from to provide for frequent visitation or other another sibling in adoption upon consideration of: ongoing interaction between the siblings, (a) If age appropriate, each sibling’s understanding of unless that State/Tribe documents that the facts of the relationship, feelings, wishes, and ideas frequent visitation or other ongoing regarding options for placement; interaction would be contrary to the safety (b) The perception of the relationship of each child with or well-being of any of the siblings. the sibling; and (c) The recommendation of a: 1. QMHP; or 2. If applicable, a QMRP.

Protection and Permanency Operating Manual: Chapter 13-Adoption Services; Section: 13.9 Sibling Relationship Decisions [Adoption]

J. SAFETY REQUIREMENTS 471(a)(20)(A) J. SAFETY REQUIREMENTS KRS 199.462 Criminal Background Checks 1. Safety requirements for foster care, and Section (1): Before an applicant is approved to provide adoptive home providers. foster care or relative caregiver services to a child, or approved to receive a child for adoption, the Cabinet for a. The State/Tribe provides procedures for Health and Family Services shall: criminal records checks (including finger- (a) Require a criminal background investigation of the print-based checks of national crime applicant and any of the applicant's adult household information databases (as defined in members by means of a fingerprint check by the section 534(e)(3)(a) of title 28, United Department of Kentucky State Police and the Federal States Code) for any prospective foster Bureau of Investigation; or and adoptive parent before the parent may (b) Request from the Justice and Public Safety Cabinet be finally approved for placement of a records of all conviction information for the applicant child regardless of whether foster care and any of the applicant's adult household members. maintenance payments or adoption The Justice and Public Safety Cabinet shall furnish the assistance payments are to be made on information to the Cabinet for Health and Family behalf of the child. Services and shall also send a copy of the information to the applicant.

922 KAR 1:350 Family Preparation Section 2(17): A resource home applicant and any member of the applicant's household shall submit to the

Revised October 22, 2014 background checks in accordance with 922 KAR 1:490.

922 KAR 1:490 Background Checks for Foster and Adoptive Parents, Caretaker Relatives, and Reporting Requirements Section 2 (1) An applicant, and each adult member of the household, shall submit to: (a) An in-state criminal records check, conducted pursuant to KRS 199.462(1), by the: 1. Kentucky Justice and Public Safety Cabinet; or 2. Administrative Office of the Courts; (b) A child abuse or neglect check conducted by the cabinet for each state of residence during the past five (5) years; and (c) A criminal records check conducted by means of a fingerprint check of the National Crime Information Database. (2) Prior to approval of an applicant, each adolescent member of the household shall submit to a child abuse or neglect check conducted by the cabinet. (3) A Kentucky child abuse or neglect check conducted by the cabinet shall identify the name of each applicant, adolescent member of the household, or adult member of the household who has been found by the cabinet to have: (a) Committed sexual abuse or sexual exploitation of a child; (b) Been responsible for a child fatality related to abuse or neglect; (c) Abused or neglected a child within the seven (7) year period immediately prior to the application; or (d) Had parental rights terminated. (4) An applicant shall not be approved if: (a) A criminal records check reveals that the applicant, or adult member of the household, has a: 1. Felony conviction involving: a. A spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20); or b. Physical abuse, battery, a drug, or alcohol within the five (5) year period prior to application; 2. Criminal conviction relating to child abuse or neglect; or

Revised October 22, 2014 3. Civil judicial determination related to child abuse or neglect; or (b) A child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the household, has been found to have: 1. Committed sexual abuse or sexual exploitation of a child; 2. Been responsible for a child fatality related to abuse or neglect; or 3. Had parental rights terminated involuntarily in accordance with KRS 625.050 through 625.120 or another state's laws.”

922 KAR 1:130 Kinship Care Program Section 3 (1): The caretaker relative of the child and an adult member of the household shall: (a) Undergo a 1. Criminal records check in accordance with 922 KAR 1:490; 2. Child abuse and neglect check conducted by the cabinet in accordance with 922 KAR 1:490; and (b) Be approved in accordance with 922 KAR 1:490.

1356.30(b) b. The State/Tribe does not approve or 922 KAR 1:490. Background checks for foster and 471(a)(20)(A)(i) license any prospective foster or adoptive adoptive parents, caretaker relatives, and reporting parent, nor does the State/Tribe claim FFP requirements: for any foster care maintenance or Section 2. Background Checks Required for Foster or adoption assistance payment made on Adoptive Parent Applicants. behalf of a child placed in a foster home (1) An applicant, and each adult member of the operated under the auspices of a child household, shall submit to: placing agency or on behalf of a child (a) An in-state criminal records check, conducted placed in an adoptive home through a pursuant to KRS 199.462(1), by the: private adoption agency, if the State/Tribe 1. Kentucky Justice and Public Safety Cabinet; or finds that, in any case involving a child on 2. Administrative Office of the Courts; whose behalf such payments are to be (b) A child abuse or neglect check conducted by the made in which a criminal records check cabinet for each state of residence during the past conducted in accordance with paragraph five (5) years; and (a) of this section, a court of competent (c) A criminal records check conducted by means of jurisdiction has determined that the a fingerprint check of the National Crime prospective foster or adoptive parent has Information Database. been convicted of a felony involving: (2) Prior to approval of an applicant, each adolescent member of the household shall submit to a child abuse or neglect check conducted by the cabinet.

Revised October 22, 2014

i. child abuse or neglect; (4) An applicant shall not be approved if: ii. spousal abuse; (a) A criminal records check reveals that the iii. a crime against a child or children applicant, or adult member of the household, has a: (including child pornography); or 1. Felony conviction involving: a. A spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20); or iv. a crime involving violence, b. Physical abuse, battery, a drug, or alcohol including rape, sexual assault, or within the five (5) year period prior to homicide, but not including other application; physical assault or battery. 2. Criminal conviction relating to child abuse or neglect [emphasis added] 1356.30 (c) c. The State/Tribe does not approve or 922 KAR 1:490. Background checks for foster and 471 (a)(20)(A)(ii) license any prospective foster or adoptive adoptive parents, caretaker relatives, and reporting parent, nor claim FFP for any foster care requirements: maintenance or adoption assistance Section 2. Background Checks Required for Foster or payment made on behalf of a child placed Adoptive Parent Applicants. in a foster family home operated under the (1) An applicant, and each adult member of the auspices of a child placing agency or on household, shall submit to: behalf of a child placed in an adoptive (a) An in-state criminal records check, conducted home through a private adoption agency, pursuant to KRS 199.462(1), by the: if the State/Tribe finds, in any case 1. Kentucky Justice and Public Safety Cabinet; or involving a child on whose behalf such 2. Administrative Office of the Courts; payments are to be made in which a (b) A child abuse or neglect check conducted by the criminal records check conducted in cabinet for each state of residence during the past accordance with paragraph (a) of this five (5) years; and section, that a court of competent (c) A criminal records check conducted by means of jurisdiction has determined that the a fingerprint check of the National Crime prospective foster or adoptive parent has, Information Database. within the last five years, been convicted (2) Prior to approval of an applicant, each adolescent of a felony involving: member of the household shall submit to a child abuse or neglect check conducted by the cabinet. i. physical assault; ii. battery; or (4) An applicant shall not be approved if: (a) A criminal records check reveals that the applicant, or adult member of the household, has a: iii. a drug-related offense. 1. Felony conviction involving: a. A spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20); or b. Physical abuse, battery, a drug, or alcohol within the five (5) year period prior to application; 2. Criminal conviction relating to child abuse or neglect

Revised October 22, 2014 [emphasis added]

1356.30 (f) d. In order for a child to be eligible for 922 KAR 1:305. Licensure of child-caring facilities and title IV-E funding, the licensing file for a child-placing agencies child care institution must contain documentation which verifies that safety Section 2. Initial Application. considerations with respect to the staff of (1) An applicant for a license shall submit to the division the institution have been addressed. a: (a) Completed Application for Licensure to Operate a Child-Caring Facility or a Child-Placing Agency, Form OIG 136; (2) A license issued by the division shall be: (e) Awarded if an on-site inspection, described in Section 6 of this administrative regulation, results in: 1. A determination that the applicant qualifies for licensure as established in 922 KAR 1:300 or 922 KAR 1:310

Section 3. Renewal Licensure. Relicensure shall be in accordance with KRS 199.640(3), and shall require the following procedures: (1) The applicant shall submit a: (a) Completed Application for Licensure to Operate a Child-Caring Facility or a Child Placing Agency, Form OIG 136 (6) A renewal license shall be issued by the division if the division determines the applicant qualified for renewal licensure in accordance with 922 KAR 1:300 or 922 KAR 1:310.

922 KAR 1:300 Section 3 (6) Personnel policy: (a) A child-caring facility shall have and comply with a written personnel policy and procedure. (c) The employment of an individual shall be governed by KRS 17.165, with regard to a criminal record check. (d) A new criminal record check shall be completed at least every two (2) years on each employee or volunteer. (e) An employee under indictment or legally charged with a violent or sex crime as defined in KRS 17.165 shall be immediately removed from contact with a child within the child-caring facility until the employee is cleared of the charge. (f) Each employee or volunteer shall submit to a check

Revised October 22, 2014 of the central registry described by 922 KAR 1:470. An individual listed on the central registry shall not be a volunteer at or be employed by a child-caring facility. (g) Each licensee shall report to the cabinet and each child-caring facility employee or volunteer shall report to the licensee or facility’s director, an incident that occurs subsequent to the most recent central registry check, if the employee or volunteer: 1. Is the subject of a cabinet child abuse or neglect investigation; 2. Has been found by the cabinet or a court to have abused or neglected a child; or 3. Has been indicted for or charged with a violent or sex crime as defined in KRS 17.165. (h) An individual shall not be left alone in the presence of a child if a central registry check has not been completed. (i) Determination by the cabinet of risk of potential harm by an employee to a child in a child-caring facility shall result in: 1. Investigation of the employee for evidence of child abuse or neglect; and 2. The removal of the employee from direct contact with a child: a. For the duration of the investigation; and b. Pending completion of the administrative appeal process in accordance with 922 KAR 1:320. (j) A current personnel record shall be maintained for each employee, that includes the following: 1. Name, address, Social Security number, date of employment, and date of birth; 2. Evidence of a current registration, certification, licensure, and college credentials, if required by the position; 3. Record of ongoing participation in an agency staff development program as specified in paragraphs (n) and (o) of this subsection; 4. Record of performance evaluation; 5. Criminal records check as established in paragraph (c) of this subsection; 6. Documentation of a central registry check completed every two (2) years in accordance with 922 KAR 1:470;

Revised October 22, 2014 7. Personnel action; and 8. Application for employment, resume, or contract. (k) A child-caring facility shall retain an employee personnel record for at least five (5) years after termination of employment.

471 (a)(20)(B) e. The State/Tribe shall check any child 922 KAR 1:490 Background Checks for Foster and abuse and neglect registry for information Adoptive Parents and Reporting Requirements on any prospective foster or adoptive Section 2 parent and on any other adult living in the (1) An applicant, and each adult member of the home of such a prospective parent for household, shall submit to: such information, before the prospective (a) An in-state criminal records check, conducted foster or adoptive parent may be finally pursuant to KRS 199.462(1)… approved for placement of a child, (b) A child abuse or neglect check conducted by the regardless of whether foster care cabinet for each state of residence during the past maintenance payments or adoption five (5) years; and assistance payments are to be made on (c) A criminal records check conducted by means of behalf of the child: a fingerprint check of the National Crime Information Database. i. the State/Tribe shall check any child (2) Prior to approval of an applicant, each adolescent abuse and neglect registry it maintains for member of the household shall submit to a child abuse such information; or neglect check conducted by the cabinet. (3) A Kentucky child abuse or neglect check conducted by the cabinet shall identify the name of each applicant, ii. the State/Tribe shall request any other adolescent member of the household, or adult member State/Tribe in which any such prospective of the household who has been found by the cabinet to parent or other adult has resided in the have: preceding 5 years, to check any child (a) Committed sexual abuse or sexual exploitation abuse and neglect registry maintained by of a child; such other State or Tribe for such (b) Been responsible for a child fatality related to information; and abuse or neglect; (c) Abused or neglected a child within the seven (7) iii. the State/Tribe shall comply with any year period immediately prior to the application; or such request to check its child abuse and (d) Had parental rights terminated. neglect registry that is received from (4) An applicant shall not be approved if: another State or Tribe. (a) A criminal records check reveals that the applicant, or adult member of the household, has a: 1. Felony conviction involving: a. A spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20); or b. Physical abuse, battery, a drug, or alcohol within the five (5) year period prior to application;

Revised October 22, 2014 2. Criminal conviction relating to child abuse or neglect; or 3. Civil judicial determination related to child abuse or neglect; or (b) A child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the household, has been found to have: 1. Committed sexual abuse or sexual exploitation of a child; 2. Been responsible for a child fatality related to abuse or neglect; or 3. Had parental rights terminated involuntarily in accordance with KRS 625.050 through 625.120 or another state's laws.

922 KAR 1:470 Central Registry Section 2(2) Each name shall: (a) Remain on the central registry for a period of at least seven (7) years; and (b) Be removed from the central registry after a period of seven (7) years if: 1. No additional incident of child abuse or neglect has been substantiated by the cabinet since the time of the incident for which the individual’s name was placed on the registry; and 2. Cabinet records indicate that the incident for which the individual’s name was placed on the registry did not relate to: a. Sexual abuse or sexual exploitation of a child; b. A child fatality related to abuse or neglect; c. A criminal conviction related to child abuse or neglect; d. A civil judicial determination related to child abuse or neglect; or e. Involuntary termination of parental rights in accordance with KRS 625.050 through 625.120.

K. INTERJURISDICTIONAL ADOPTIONS

Revised October 22, 2014 471(a)(23)(A)&(B) K. INTERJURISDICTIONAL ADOPTIONS The State/Tribe will not:

1. deny or delay the placement of a 1. child for adoption when an approved Chapter 13-Adoption Services Effective: 12/28/2010 family is available outside of the Section: 13.13 Placement Resources jurisdiction with responsibility for Practice Guidance handling the case of the child; or The cabinet treats any home study received from another state, tribe, or private agency under contract with a state/tribe as meeting any cabinet requirement for the completion of the home study; unless, with 14 days after receipt of the report, the state determines, based on grounds specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child. The cabinet does not deny or delay the placement of a child for adoption when an approved family is available outside the state (Title IV-E; Section 471(a) (23)(A)&(B) of the Social Security Act).

2. fail to grant an opportunity for a fair hearing, as described in section 2. 471(a)(12), to an individual whose 922 KAR 1:320. Service appeals allegation of a violation of part (1) of Section 2. Right to Appeal. this subsection is denied by the (3) An approved and available adoptive parent outside State/Tribe or not acted upon by the the jurisdiction with responsibility for handling the case State/Tribe with reasonable of an adoptive child may request an administrative promptness. hearing for the cabinet’s denial or delay in placement of the child for adoption pursuant to 42 U.S.C. 671(a)(23).

L. QUALITY STANDARDS

Revised October 22, 2014 471(a)(22) L. QUALITY STANDARDS KRS 199.640 Licensing of child-caring and child-placing agencies or facilities – License fees – Standards – 1. The State/Tribe has developed and Recordkeeping and reporting – Use of corporal implemented standards to ensure that punishment – Prohibition against hiring convicted sex children in foster care placements in offender – Confidentiality of records. public or private agencies are provided (5) (a) The secretary shall promulgate administrative quality services that protect the safety regulations establishing basic standards of care and and health of the children. service for child-caring facilities and child-placing agencies relating to the health and safety of all children in the care of the facility or agency, the basic components for a quality program, as referenced below, and any other factors as may be necessary to promote the welfare of children cared for or placed by the agencies and facilities. Standards established may vary depending on the capacity of the agency or facility seeking licensure. These administrative regulations shall establish standards that insure that: 1. The treatment program offered by the facility or agency is directed toward child safety, improved child functioning, improved family functioning, and continuity and permanence for the child; 2. The facility or agency has on staff, or has contracted with, individuals who are qualified to meet the treatment needs of the children being served, including their psychological and psychiatric needs; 3. The facility or agency has procedures in place to insure that its staff receives ongoing training and that all staff members who are required to do so meet all regional and national standards; 4. The facility or agency develops an integrated, outcomes-based treatment plan that meets the health, mental health, education, safety, and security needs of each child in its care; 5. The facility or agency has procedures in place to include parents, family, and other caregivers in a child's treatment program; 6. The facility or agency has procedures in place whereby it evaluates its programs on a quarterly basis and documents changes in the program if the results of the review indicate a change is needed; 7. The facility or agency makes available quality programs for substance abuse prevention and

Revised October 22, 2014 treatment with providers licensed under KRS Chapter 222 as part of its treatment services; 8. The facility or agency initiates discharge planning at admission and provides sufficient aftercare; and 9. The facility or agency has procedures in place that outline the structure and objectives of cooperative relationships with the community within which it is located and the local school district. (c) The secretary may promulgate administrative regulations creating separate licensure standards for different types of facilities. (d) The secretary shall promulgate administrative regulations to establish practices and procedures for the inspection of child-caring facilities and child-placing agencies. These administrative regulations shall establish a uniform reporting mechanism that includes guidelines for enforcement.

922 KAR 1:350 Family Preparation Section 3 (1) Unless an exception is approved by designated cabinet staff, a resource home applicant shall be: (a) at least twenty-one (21) years of age. (b) A resource home applicant shall show proof of the applicant's United States citizenship or legal immigrant status, as described in 8 U.S.C. 1151. (2) A resource home applicant between eighteen (18) to twenty-one (21) years of age may be approved as a resource home parent if: (a) The resource home applicant is related to the child under the custodial control of the cabinet; (b) The resource home applicant can meet the needs of the child; and (c) Cabinet staff determines the placement is in the best interest of the child. (5) A married couple may apply to become resource home parents. (6) A single unmarried person may apply to become a resource home parent. (7) The decision to foster or adopt a child shall be agreed to by each adult member of the applicant’s household. (8)(a) Each adult member of the applicant's family

Revised October 22, 2014 shall submit a DPP-107, Health Information Required for Resource Home Applicants or Adult Household Members, completed… (10) A resource home applicant shall have a source of income: (a) Sufficient to meet the applicant's household expenses; and (b) Separate from: 1. Foster care reimbursement; or 2. Adoption assistance. (13) A resource home applicant shall provide to the cabinet: (a) The names of three (3) personal references who: 1. Are not related to the applicant; and 2.a. Shall be interviewed by cabinet staff in person or by telephone; or b. Shall provide letters of reference for the applicant; and (b) Two (2) credit references. (14) Adult children of the resource home applicant who do not live in the home shall be contacted by cabinet staff regarding the applicant's parenting history. (16) A resource home applicant who does not have custody of his or her own biological child shall provide: (a) A copy of the visitation order, if applicable; (b) A copy of the child support order; and (c) Proof of current payment of child support. (17) A resource home applicant and any member of the applicant's household shall submit to the background checks in accordance with 922 KAR 1:490. (18) The cabinet shall perform background checks in accordance with criteria established in 922 KAR 1:490. 471(a)(24) 2. The State/Tribe will ensure that 922 KAR 1:310 Standards for child-placing agencies prospective foster parents are adequately states in Section 4 (11) If an applicant is approved as a trained with the appropriate knowledge foster home, adoptive home, or respite care provider and skills to provide for the needs of the by a state agency or another child-placing agency, a child and that such preparation will be child-placing agency shall: continued after the placement. (a) Conduct a home study in accordance with subsections (2), (3), and (5) of this section; and (b) 1. Document that the applicant meets training requirements in accordance with Section 5, 7, 10,

Revised October 22, 2014 13, or 19 of this administrative regulation; and 2. If an applicant lacks training in accordance with subparagraph 1 of this paragraph, the child- placing agency shall, prior to placement of a child in the home: a. Provide training in accordance with Section 5, 7, 10, 13, or 19 of this administrative regulation; or b. (i) Develop an individualized curriculum to fulfill unmet training needs; and (ii) Document the applicant’s compliance with the individualized curriculum

Section 5. Orientation and Preparation of a Foster Home. A child-placing agency shall: (1) Develop and maintain an orientation and preparation curriculum to be kept on file; (2) Provide a minimum of twenty-four (24) hours of orientation and preparation to a prospective foster parent, to include the following: (a)1. Child-placing agency program description with mission statement; 2. Information about the rights and responsibilities of the home; and 3. Background information about the foster child and the child’s family, including information in accordance with KRS 605.090(1)(b); (b) An example of an actual experience from a foster parent that has fostered a child; (c) Information regarding: 1. The stages of grief; 2. Identification of the behavior linked to each stage; 3. The long-term effect of separation and loss on a child; 4. Permanency planning for a child, including independent living services; 5. The importance of attachment on a child's growth and development and how a child may maintain or develop a healthy attachment; 6. Family functioning, values, and expectations of a foster home;

Revised October 22, 2014 7. Cultural competency; 8. How a child enters and experiences foster care, and the importance of achieving permanency; and 9. The importance of birth family and culture and helping children leave foster care; (d) Identification of changes that may occur in the home if a placement occurs, to include: 1. Family adjustment and disruption; 2. Identity issues; and 3. Discipline issues and child behavior management; and (e) Specific requirements and responsibilities of a foster parent. (3) Maintain an ongoing foster home preparation and training program that: (a) Provides a minimum of six (6) hours of foster home training annually; and (b) Maintains a record of preparation and training completed.

922 KAR 1:350 Family preparation Section 9. Preparation and Selection of a Resource Home Parent: (1) The cabinet shall recruit a resource home and approve the resource home prior to the placement of a child. (2) A resource home applicant shall complete a: (a) Minimum of thirty (30) hours of initial family preparation; and (b) Curriculum approved by designated cabinet staff

Protection & Permanency Operating Manual: Pre-service training requirements are described in Chapter 12-Resource Family Recruitment, Certification and Reimbursement ; Section: 12.5. Ongoing training requirements are described in Chapter-12.5 Ongoing Training.

M. COMPULSORY SCHOOL ATTENDANCE 471(a)(30) 471(a)(30) KRS 620.230 Case permanency plans

Revised October 22, 2014 M. COMPULSORY SCHOOL ATTENDANCE (2) The case permanency plan shall include, but need The State/Tribal agency has a system for not be limited to: assuring that each child who has attained (g) A description of the type of home, child-caring the minimum age for compulsory school facility, child-placing agency or facility in which the attendance under State/Tribal law and child is to be placed or has been placed, and a with respect to whom there is eligibility statement why the placement is appropriate for the for a payment under the plan is a full- child, including but not limited to: time elementary or secondary school 1. Age; student or has completed secondary 2. Educational needs; school, and for purposes of this 3. Medical needs; paragraph, the term `elementary or 4. Emotional needs; secondary school student' means, with 5. Relationship with parents; and respect to a child, that the child is— 6. Number of children the home is authorized to care for and the number of children currently 1. enrolled (or in the process of residing in the home enrolling) in an institution which provides elementary or secondary education, as determined under the Chapter 4-Out of Home Care Services (OOHC); law of the State or other jurisdiction in Section: 4.35 Ongoing Case Planning: which the institution is located; The FSOS [family service office supervisor] or designee: 2. instructed in elementary or 3. Ensures that the following components are always secondary education at home in documented on the case plan documentation includes accordance with a home school law of (in accordance with provisions of Title IV-E of Social the State or other jurisdiction in which Security Act): the home is located; J. Objectives, tasks or other notes that constitute a plan for the child’s educational stability as required 3. in an independent study elementary by Sec 475 (1)(g) and Sec 471 (a)(30) of the Social or secondary education program in Security Act, including: accordance with the law of the State or iv. Verification that a child, who has attained the other jurisdiction in which the program minimum age for compulsory school attendance, is located, which is administered by the is attending school in accordance with state law local school or school district; or (footnote 3)

4. incapable of attending school on a Footnote: full-time basis due to the medical 3. If a child is not enrolled in school as required by condition of the child, which state law, the child becomes ineligible for IV-E incapability is supported by regularly benefits. The SSW notifies the CBW accordingly of updated information in the case plan of changes to the child’s enrollment status as they the child. pertain to IV-E eligibility. (Sec 471 (a)(30)).

Kentucky law regarding compulsory attendance is located at KRS 159.010. Exceptions to the

Revised October 22, 2014 requirement are available at KRS 159.030.

N. VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS 471 (a)(27) N. VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS 1. The State/Tribe will have in effect procedures for verifying the citizenship or immigration status of any child in foster care under the responsibility of the State/Tribe under title IV-E or part B, and without regard to whether foster care maintenance payments are made under section 472 on behalf of the child.

472 (a)(4) 2. For the purposes of meeting the requirements of the section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), children must meet the definition of "qualified alien" (as defined in section 431(a) of PRWORA) to be eligible for Federal foster care maintenance or adoption assistance (except that children receiving adoption assistance pursuant to agreements signed before August 22, 1996 may continue to receive such assistance).

SECTION 5. GENERAL PROVISIONS Federal Regulatory/ State Regulatory, Statutory, and Policy References and Requirement Statutory References Citations for Each SECTION 5. GENERAL PROVISIONS

A. PERSONNEL ADMINISTRATION 471(a)(5) A. PERSONNEL ADMINISTRATION

The State/Tribal agency will, in administration See Attachment VII

Revised October 22, 2014 of its programs under this part, certify in Attachment VII that it established and will maintain personnel standards on a merit basis as found necessary by the Secretary for proper and efficient operation of the programs.

B. SAFEGUARDING INFORMATION 471(a)(8) B. SAFEGUARDING INFORMATION

1. Subject to section 471(c), the State/Tribal agency has safeguards restricting use of or disclosure of information concerning individuals assisted under this plan to purposes directly connected with:

471(a)(8)(A) a. the administration of the title IV-E plan or KRS 194A.010 Cabinet for Health and Family Services – any of the plans or programs under Parts A, B Functions: or D of title IV or under titles I [the aged], V (1) The cabinet is the primary state agency for operating the [maternal, child health], X [the blind], XIV [the public health, Medicaid, certificate of need and licensure, and permanently and totally disabled], XVI [the mental health and intellectual disability programs in the aged, blind, and disabled] (as in effect in Puerto Commonwealth. The function of the cabinet is to improve the Rico, Guam, and the Virgin Islands), XIX health of all Kentuckians, including the delivery of population, [Medicaid] or XX [elder justice], or the preventive, reparative, and containment health services in a safe supplemental security income program under and effective fashion, and to improve the functional capabilities title XVI; and and opportunities of Kentuckians with disabilities. The cabinet is to accomplish its function through direct and contract services for planning and through the state health plan and departmental plans for program operations, for program monitoring and standard setting, and for program evaluation and resource management.

KRS 194A.060 Confidentiality of record and reports

Revised October 22, 2014 (1) The secretary shall develop and promulgate administrative regulations that protect the confidential nature of all records and reports of the cabinet that directly or indirectly identify a client or patient or former client or patient of the cabinet and that insure that these records are not disclosed to or by any person except as, and insofar as: (a) The person identified or the guardian, if any, shall give consent; or (b) Disclosure may be permitted under state or federal law. (2) The cabinet shall share pertinent information from within the agency's records on clients, current and former clients, recipients, and patients as may be permitted by federal and state confidentiality statutes and regulations governing release of data with other public, quasi-public, and private agencies involved in providing services to current or former clients or patients subject to confidentiality agreements as permitted by federal and state law if those agencies demonstrate a direct, tangible, and legitimate interest in the records. In all instances, the individual's right to privacy is to be respected.

KRS 194.250 Protection of records, files, and information All reports, documents, surveys, books, records, files, papers, or other writing in the possession of the Department of Child Welfare, the Department of Economic Security, the Department of Health, the Department of Mental Health, the Commission on Aging, the Commission on Children and Youth, the Commission for Handicapped Children, the Office of Economic Opportunity, the Division of Disability Determination of the Department of Education, and the Employment Agency Licensure Program of the Department of Labor and in the possession of all instrumentalities within or attached thereto shall remain in the custody of the cabinet. All confidential records, files, or information maintained in accordance with state or federal law or regulations or rules of court shall be retained in accordance with present law, regulations, or rules of court until modified or repealed or until the secretary establishes appropriate regulations to protect these records, files, and information.

471(a)(8)(B) b. any investigation, prosecution, or criminal or KRS 194A.060 Confidentiality of record and reports civil proceeding conducted in connection with (2) The cabinet shall share pertinent information from within the the administration of any such plan or program; agency's records on clients, current and former clients, recipients, and and patients as may be permitted by federal and state confidentiality statutes and regulations governing release of data with other public, quasi-public, and private agencies involved in

Revised October 22, 2014 providing services to current or former clients or patients subject to confidentiality agreements as permitted by federal and state law if those agencies demonstrate a direct, tangible, and legitimate interest in the records. In all instances, the individual's right to privacy is to be respected.

471(a)(8)(C) c. the administration of any other Federal or Public Assistance Program: KRS 205.175 Confidential treatment federally assisted program which provides of information and records -- Persons to whom furnished assistance (in-cash or in-kind) or services (1) All letters, reports, communications, and other matters, directly to individuals on the basis of need; and written or oral, to the cabinet or any of its agents, representatives, or employees, or to any board or official functioning under this chapter which have been written, sent, or made in connection with the requirements and administration of the cabinet shall be absolutely privileged and shall not be the subject matter or basis for any suit for slander or libel in any court, but no person testifying before the secretary or his duly authorized representative shall be exempt from punishment for perjury. (2) Information received or transmitted shall not be published or be open for public inspection, including instances in which the agency determines reasonable cause to believe evidence of domestic violence or child abuse and the disclosure of the information could be harmful to the custodial parent or the child of the parent, except that necessary information and records may be furnished to: (a) Public employees in the performance of their duties in connection with the administration of the public assistance or child support enforcement program pursuant to Part D of Title IV of the Social Security Act; (b) All law enforcement agencies including county attorneys, Commonwealth's attorneys, District and Circuit Judges and grand juries in discovering and prosecuting cases involving fraud; (c) Duly elected members of the General Assembly of the Commonwealth of Kentucky and the Congress of the United States in connection with their duties as members of such legislative bodies, but such information shall be limited to cases of individual constituents of the legislator, who have requested information regarding their application or grant, as specified in the inquiry by such legislator; (d) Any interested party at a hearing before the secretary or his duly authorized representative to the extent necessary for the proper presentation of his case; provided, that any names or information obtained through access to such records shall

Revised October 22, 2014 not be used for any commercial or political purposes; and (e) Any bank, savings and loan association, credit union, or other financial institution to the extent necessary to ascertain or confirm information submitted by the applicant or recipient and used to make eligibility or benefit determinations. (3) Information regarding a public assistance applicant or recipient may also be released, in the discretion of the secretary or those he may designate, to such individuals or agencies as meet the requirements of regulations promulgated by the secretary and who are supplying or cooperating in securing services, employment, or training for the applicant or recipient of public assistance. (4) The unauthorized use by any employee of the cabinet of information obtained pursuant to KRS 205.835 is prohibited. 471(a)(8)(D) d. any audit or similar activity conducted in KRS 194A.060 Confidentiality of record and reports connection with the administration of any such (2) The cabinet shall share pertinent information from within the plan or program by any governmental agency agency's records on clients, current and former clients, recipients, authorized by law to conduct such audit or and patients as may be permitted by federal and state activity. confidentiality statutes and regulations governing release of data with other public, quasi-public, and private agencies involved in providing services to current or former clients or patients subject to confidentiality agreements as permitted by federal and state law if those agencies demonstrate a direct, tangible, and legitimate interest in the records. In all instances, the individual's right to privacy is to be respected.

471(a)(8)(E) 2. The safeguards provided will prohibit: KRS 620.050 Immunity for Good Faith Actions or Reports— Investigations – Confidentiality of Reports – Exceptions – Parent’s a. the disclosure of information pursuant to 471 Access to Records – Sharing of Information by Children’s (a)(9) [reports of suspected child abuse or Advocacy Centers – Confidentiality of Interview With Child – neglect of a child receiving aid] to appropriate Exceptions – Confidentiality of Identifying Information Regarding authorities with respect to known or suspected Reporting Individual – Internal Review and Report child abuse or neglect; and (5) The report of suspected child abuse, neglect, or dependency and all information obtained by the cabinet or its delegated representative, as a result of an investigation or assessment b. any committee or legislative body (other made pursuant to this chapter, except for those records provided than an agency referred to in section 471 (a) for in subsection (6) of this section, shall not be divulged to (8)(D) with respect to an activity referred to in anyone except: such clause) of any information which identifies (a) Persons suspected of causing dependency, neglect, or by name or address any applicant for or abuse; recipient of assistance under title IV-E of the (b) The custodial parent or legal guardian of the child alleged Act. to be dependent, neglected, or abused; (c) Persons within the cabinet with a legitimate interest or

Revised October 22, 2014 responsibility related to the case; (d) Other medical, psychological, educational, or social service agencies, child care administrators, corrections personnel, or law enforcement agencies, including the county attorney's office, the coroner, and the local child fatality response team, that have a legitimate interest in the case; (e) A noncustodial parent when the dependency, neglect, or abuse is substantiated; (f) Members of multidisciplinary teams as defined by KRS 620.020 and which operate pursuant to KRS 431.600; (g) Employees or designated agents of a children's advocacy center; or (h) Those persons so authorized by court order.

471(a)(20)(B)(iii) 3. The State/Tribe shall have in place KRS 620.050 Immunity for Good Faith Actions or Reports— safeguards to prevent the unauthorized Investigations – Confidentiality of Reports – Exceptions – Parent’s disclosure of information in any child abuse and Access to Records – Sharing of Information by Children’s neglect registry maintained by the State/Tribe, Advocacy Centers – Confidentiality of Interview With Child – and to prevent any such information obtained Exceptions – Confidentiality of Identifying Information Regarding pursuant to section 471(a)(20)(B) from being Reporting Individual – Internal Review and Report used for a purpose other than the conducting of (5) The report of suspected child abuse, neglect, or dependency background checks in foster and adoptive and all information obtained by the cabinet or its delegated placement cases. representative, as a result of an investigation or assessment made pursuant to this chapter, except for those records provided for in subsection (6) of this section, shall not be divulged to anyone except: (a) Persons suspected of causing dependency, neglect, or abuse; (b) The custodial parent or legal guardian of the child alleged to be dependent, neglected, or abused; (c) Persons within the cabinet with a legitimate interest or responsibility related to the case; (d) Other medical, psychological, educational, or social service agencies, child care administrators, corrections personnel, or law enforcement agencies, including the county attorney's office, the coroner, and the local child fatality response team, that have a legitimate interest in the case; (e) A noncustodial parent when the dependency, neglect, or abuse is substantiated; (f) Members of multidisciplinary teams as defined by KRS 620.020 and which operate pursuant to KRS 431.600; (g) Employees or designated agents of a children's advocacy center; or (h) Those persons so authorized by court order.

Revised October 22, 2014 (7) Nothing in this section shall prohibit a parent or guardian from accessing records for his or her child providing that the parent or guardian is not currently under investigation by a law enforcement agency or the cabinet relating to the abuse of a child.

471(c) 4. In the use of child welfare records in court Same as above proceedings, section 471(a)(8) of the Act shall not be construed to limit the flexibility of a State or Tribe in determining policies relating to public access to court proceedings to determine child abuse and neglect or other court hearings held pursuant to title IV-B or title IV-E of the Act, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and family.

C. REPORTING 471(a)(6) C. REPORTING The statue submits reports, including AFCARS submissions and federal financial reports, as required by the Department of Health The State/Tribal agency makes reports in such and Human Services. form and containing such information on the title IV-E program as are required by the Secretary of the Department of Health and Human Services (HHS), and the State/Tribal agency will comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports.

D. MONITORING 471(a)(7) D. MONITORING In Kentucky, the State Auditor of Public Accounts conducts audits of the IV-E and IV-B programs annually. Audits are reviewed The State/Tribal agency monitors and conducts internally and program changes are made as directed by evaluations of activities carried out in the title leadership. IV-E program. Specific elements of IV-E service provision around case planning, face to face contacts, ASFA guidelines, sibling contacts, consideration of relatives for placement, appropriateness of placement selection, etc. are also embedded into the agency’s quality case review process. On a monthly basis, the agency

Revised October 22, 2014 conducts case reviews on a variety of casework principles that have been crosswalked with the CFSR instrument. The data collected from these case reviews are used to guide program evaluation and program improvement planning down to the office and worker level.

E. APPLICABILITY OF DEPARTMENT-WIDE REGULATIONS 1355.30 E. APPLICABILITY OF DEPARTMENT-WIDE The state complies with statute, administrative regulations, and REGULATIONS the standard of practice on a statewide basis.

The State/Tribal agency will comply with all of the requirements of applicable regulations.

F. AVAILABILITY OF PLANS 13565.21(c) F. AVAILABILITY OF PLANS The state’s most recent IV-B plan and APSR materials are publically available at: Plans and amendments for titles IV-E and IV-B http://chfs.ky.gov/dcbs/dpp/childandfamilyservicesplanning.htm are made available by the State/Tribal agency for public review and inspection. The state’s most recent IV-E plan will be posted upon approval.

G. OPPORTUNITY FOR PUBLIC INSPECTION OF CFSR MATERIALS 1355.33(b) G. OPPORTUNITY FOR PUBLIC INSPECTION OF The state’s CFSR materials including links to the statewide 1355.33(e) CFSR MATERIALS assessment, final reports, PIP, and PIP products are publically 1355.35(a) available at: http://chfs.ky.gov/dcbs/dpp/cfsr.htm The State/Tribal agency makes available for public review and inspection all statewide assessments, report of findings, and program improvement plans developed as a result of a full or partial child and family services review.

(Not applicable to tribes.)

H. NEGOTIATION WITH INDIAN TRIBES 471(a)(32) H. NEGOTIATION WITH INDIAN TRIBES Kentucky reports its ongoing interaction with Indian Tribes as part of its annual APSR submission. As part of the most recent The State negotiates in good faith with any

Revised October 22, 2014 Indian tribe, tribal organization or tribal [2010] submission, Kentucky noted two state-recognized tribes, consortium in the State that requests to the Southern Cherokee nation of Kentucky and the Ridgetop develop an agreement with the State to Shawnee. Only the Southern Cherokee Nation has filed a petition administer all or part of the program on behalf seeking federal status. As neither state tribe has attained federal of Indian children who are under the authority status, the department did not make specific efforts to share its of the tribe, organization, or consortium, CFSP or APSR. However, a tribal representative is consistently including foster care maintenance payments on invited to participate in the department stakeholder meeting. behalf of children who are placed in State or tribally licensed foster family homes, adoption assistance payments, and, if the State has elected to provide such payments, kinship guardianship assistance payments under section 473(d), and tribal access to resources for administration, training, and data collection under title IV-E.

(Not applicable to tribes.)

SECTION 6. GUARDIANSHIP ASSISTANCE PROGRAM OPTION Federal State Regulatory, Regulatory/ Statutory, and Policy Statutory Requirement References and References Citations for Each

SECTION 6. GUARDIANSHIP ASSISTANCE PROGRAM OPTION

A. ELIGIBILITY 473 (d)(3)(A) A. ELIGIBILITY N/A

1. A child is eligible for a kinship guardianship assistance payment if the State/Tribal agency determines that:

a. the child has been--

i. removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and

Revised October 22, 2014 ii. eligible for foster care maintenance payments under section 472 while residing for at least 6 consecutive months in the home of the prospective relative guardian;

b. being returned home or adopted are not appropriate permanency options for the child;

c. the child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child; and

d. with respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.

473 (d)(3)(B) 2. Siblings. N/A

a. The child and any sibling of the eligible child may be placed in the same kinship guardianship arrangement, in accordance with section 471(a)(31), if the State/Tribal agency and the relative agree on the appropriateness of the arrangement for the siblings; and

b. Kinship guardianship assistance payments may be paid on behalf of each sibling so placed.

B. PAYMENTS 471 (a)(28) B. PAYMENTS N/A

1. The State/Tribal agency provides kinship guardianship assistance payments on behalf of children to grandparents and other relatives who assume legal guardianship of the child for whom they have cared as foster parents and for whom they have committed to care on a permanent basis, as provided in

Revised October 22, 2014 473(d).

473 (d)(2) 2. A kinship guardianship assistance N/A payment on behalf of a child shall not exceed the foster care maintenance payment which would have been paid on behalf of the child if the child had remained in a foster family home.

473(a)(4)(A) 3. Payments are terminated when the N/A State/Tribal agency determines that:

a. the child has attained the age of 18, or such greater age as the State/Tribal agency may elect under section 475(8) (B)(iii); or

b. the child has attained 21 years of age, and the child has a mental or physical disability which warrants the continuation of assistance to age 21; or

c. the child has not attained 18 year of age, and the relative guardians are no longer legally responsible for the support of the child; or

d. the child is no longer receiving any support from the relative guardians.

473(a)(4)(B) 4. The relative guardians are required to inform the State/Tribal agency of circumstances that would make them ineligible for guardianship assistance payments or eligible for guardianship assistance payments in a different amount.

C. AGREEMENTS 473 (d)(1)(A) C. AGREEMENTS N/A

Revised October 22, 2014 1. The State/Tribe must:

a. negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the requirements of 473(d); and

b. provide the prospective relative guardian with a copy of the agreement.

473 (d)(1)(B) & 2. The agreement must specify, at a N/A 473 (d)(1)(C) minimum-

a. the amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child;

b. the additional services and assistance that the child and relative guardian will be eligible for under the agreement;

c. the procedure by which the relative guardian may apply for additional services as needed;

d. that the State/Tribal agency will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, to the extent the total cost does not exceed $2,000; and

e. that the agreement shall remain in effect without regard to the State residency of the relative guardian.

D. SAFETY 471 (a)(20)(C) D. SAFETY N/A

Revised October 22, 2014 State/Tribal agency provides procedures for criminal records checks, including fingerprint- based checks of national crime information databases (as defined in section 534€(3)(A) of title 28, United States Code), on any relative guardian, and for checks described in 471(a)(20) on any relative guardian and any other adult living in the home of any relative guardian, before the relative guardian may receive kinship guardianship assistance payments on behalf of the child under this plan option.

E. MEDICAID AND SOCIAL SERVICES 473 (b)(1) to (4); E. MEDICAID AND SOCIAL SERVICES N/A 479B (c)(1)(C)(ii)(II) For the purposes of titles XIX and XX, any eligible child for whom there is a kinship guardianship assistance payment being made under section 473(d) is deemed to be a dependent child as defined in 406 of the Act and is deemed to be a recipient of AFDC under part A of title IV of the Act (as in effect 7/16/96) in the State in which such child resides.

F. TITLE IV-E GUARDIANSHIP ASSISTANCE PROGRAM PLAN REQUIREMENTS 471 (a) F. TITLE IV-E GUARDIANSHIP ASSISTANCE N/A PROGRAM PLAN REQUIREMENTS

1. Title IV-E plan requirements 471(a)(2) through (9), (12), (13), (20)(C), (25), (26), and (28) through (32) are applicable to the guardian assistance program.

475 (1)(F) 2. Case plan requirements. N/A

For a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardian assistance payments, the State/Tribal agency shall

Revised October 22, 2014 include in the case plan a description of:

a. the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted;

b. the reasons for any separation of siblings during placement;

c. the reasons why a permanent placement with a fit and willing relative through a kinship guardianship assistance arrangement is in the child’s best interests;

d. the ways in which the child meets the eligibility requirements for a kinship guardianship assistance payment;

e. the efforts the State/Tribal agency has made to discuss adoption by the child’s relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons; and

f. the efforts made by the State/Tribal agency to discuss with the child’s parent or parents the kinship guardianship assistance arrangement, or the reasons why the efforts were not made.

G. DEFINITION OF ‘CHILD’ 475 (8) G. DEFINITION OF ‘CHILD’ N/A

For the purposes of the title IV-E guardianship assistance program under section 473(d), the term ‘child’ means

1. an individual who has not attained 18

Revised October 22, 2014 years of age; or

2. at the option of the State/Tribal agency an individual

a. with respect to whom a guardianship assistance agreement is in effect under section 473(d) if the individual had attained age 16 before the guardianship assistance agreement became effective;

b. who has attained the age of 18, but has not attained 19, 20 or 21 years of age, as the title IV-E agency may elect; and

c. who meets any of the following conditions:

i. the child is completing secondary education or a program leading to an equivalent credential;

ii. the child is enrolled in an institution which provides post- secondary or vocational education;

iii. the child is participating in a program or activity designed to promote, or remove barriers to, employment;

iv. the child is employed for at least 80 hours per month; or

v. the child is incapable of doing any of the above described activities due to a medical condition.

SECTION 7. TRIBE OPERATED IV-E PROGRAM REQUIREMENTS Federal Regulatory/ Regulatory, Statutory, and Policy References and Citations Requirement Statutory References for Each

Revised October 22, 2014 SECTION 7. TRIBE OPERATED IV-E PROGRAM REQUIREMENTS

A. GENERAL PROGRAM REQUIREMENTS 471(a) A. GENERAL PROGRAM REQUIREMENTS N/A 479B(b) Title IV-E plan requirements 471(a)(1) through (27), and (29) through (31) are mandatory requirements applicable to Tribes operating a title IV-E program.

B. SERVICE AREA AND POPULATIONS 479B(c)(1)(B) B. SERVICE AREA AND POPULATIONS N/A

For purposes of complying with section 471(a)(3), this plan is in effect in all service areas and for all populations served by the Tribe and identified in Attachment V.

C. NUNC PRO TUNC AND FOSTER CARE ELIGIBILITY REQUIREMENTS 479B(c)(1)(C)(ii) C. NUNC PRO TUNC AND FOSTER CARE N/A ELIGIBILITY REQUIREMENTS

For purposes of determining whether a child whose placement and care are the responsibility of an Indian tribe, tribal organization, or tribal consortium satisfies the requirements of section 472(a), the following shall apply:

1. Notwithstanding 472(a)(1), Tribes may use affidavits or nunc pro tunc orders as verification documents in support of the reasonable efforts and contrary to the welfare of the child judicial determinations required under that paragraph for the first 12 months for which this plan is in effect.

Revised October 22, 2014 2. The State plan approved under section 402 (as in effect on July 16, 1996) of the State in which the child resides at the time of removal from the home shall apply to the determination of whether the child satisfies section 472(a)(3).

D. LICENSING STANDARDS FOR TRIBAL FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS 479B(c)(2) D. LICENSING STANDARDS FOR TRIBAL N/A FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS

For purposes of complying with section 471(a)(10), an Indian tribe, tribal organization, or tribal consortium shall establish and maintain a tribal authority or authorities which shall be responsible for establishing and maintaining tribal licensing standards for tribal foster family homes and tribal child care institutions.

E. IN-KIND EXPENDITURES FROM THIRD-PARTY SOURCES 479B(c)(1)(D) E. IN-KIND EXPENDITURES FROM THIRD- N/A PARTY SOURCES

For purposes of complying with section 479B(c), an Indian Tribe, tribal organization or tribal consortium shall provide a list of the in-kind expenditures and the third-party sources of such expenditures that the Tribe may claim as part of the non-Federal share of administrative or training expenditures attributable to fiscal year quarters beginning after September 30, 2009 and before October 1, 2014 consistent with 479B(c)(1) (D).

Revised October 22, 2014 SECTION 8. CERTIFICATIONS/ASSURANCES

Revised October 22, 2014 ATTACHMENT I Title IV-E Plan – State/Tribe of Kentucky

CERTIFICATION

I hereby certify that I am authorized to submit the title IV-E Plan on behalf of Department for Community Based Services (Designated State/Tribal Agency)

Date______(Signature)

Commissioner (Title)

APPROVAL DATE______EFFECTIVE DATE:______

______(Signature, Associate Commissioner, Children's Bureau)

Revised October 22, 2014 ATTACHMENT II Title IV-E Plan – State/Tribe of Kentucky

GOVERNOR/TRIBAL LEADER'S CERTIFICATION

I certify that Department for Community Based Services (Name of Agency/Tribe)

a. has the authority to submit the plan under title IV-E of the Social Security Act and

b. is the single title IV-E agency responsible for administering the plan or supervising the administration of the plan by local political subdivisions/Tribal service area. It has the authority to make rules and regulations governing the administration of the plan that are binding on such subdivisions/service areas. The title IV-E plan is mandatory upon the subdivisions/service areas and is in effect throughout the State/Tribal service areas.

______Date (Signature)

Revised October 22, 2014 Title IV-E Plan – State of Kentucky ATTACHMENT III STATE ASSURANCES

I hereby assure that the State agency administering the title IV-E programs will spend an amount equal to the amount of savings (if any) in State expenditures under title IV-E resulting from the application of section 473(a)(2)(A)(ii) to all applicable children for a fiscal year to provide to children or families any service (including post adoption services) that may be provided under this part or part B and will document how such amounts are spent, including on post-adoption services.

On behalf of Department for Community Based Services (Designated State Agency)

Commissioner (Title)

Revised October 22, 2014 Title IV-E Plan - Tribe of ______ATTACHMENT IV TRIBAL ASSURANCES 1. I hereby assure that the Tribal agency administering the title IV-E programs will provide:

a) foster care maintenance payments under section 472 only on behalf of children who satisfy the eligibility requirements of section 472(a); b) adoption assistance payments under section 473 pursuant to adoption assistance agreements only on behalf of children who satisfy the eligibility requirements for such payments under that section;

c) if applicable, kinship guardianship assistance payments in accordance with section 473(d) only on behalf of children who meet the requirements of section 473(d)(3); and

d) the State plan approved under section 402 in effect on July 16, 1996, of the State in which the child resides at the time of the removal from the home shall apply to the determination of whether the child satisfies section 472(a)(3).

2. I hereby assure that the Tribal agency administering the title IV-E programs will spend an amount equal to the amount of savings (if any) in Tribal expenditures under title IV-E resulting from the application of section 473(a)(2)(A)(ii) to all applicable children for a fiscal year to provide to children or families any service (including post adoption services) that may be provided under this part or part B and will document how such amounts are spent, including on post-adoption services.

On behalf of ______(Designated Tribal Agency)

______(Title)

Revised October 22, 2014 ATTACHMENT V Title IV-E Plan - Tribe of ______

479B TRIBAL CERTIFICATIONS

I certify that ______(Name of Indian tribe, tribal organization or tribal consortium)

a. Is submitting the following/attached evidence which demonstrates that there are no uncorrected significant or material audit exceptions under Federal grants or contracts that directly relate to the administration of social services for the three year period prior to the date on which this plan is submitted in compliance with section 479B(c)(1)(A):

b. Will administer the title IV-E plan in the service area(s) and populations described as follows/attached pursuant to section 479B(c)(1) (B):

c. Is/Is not (circle one) providing the following/attached information based on the described service population which is relevant to making the calculation of the per capita income of the Indian tribe, tribal organization, or tribal consortium pursuant to section 479B(d)(2):

d. Is/Is not (circle one) providing the following/attached list of the in-kind expenditures and the third-party sources of such expenditures that the Tribe may claim as part of the non-Federal share of administrative or training expenditures attributable to fiscal year quarters beginning after September 30, 2009 and before October 1, 2014 for the purposes of receiving payments under section 474(a)(3) of the Act, pursuant to section 479B(c)(1)(D).

Revised October 22, 2014 ATTACHMENT VI Title IV-E Plan – State/Tribe of Kentucky

Section 475(8) STATE/TRIBAL CERTIFICATION

I certify that ______(Name of Agency/Tribe)

has chosen to implement the option in section 475(8)(B) of title IV-E of the Social Security Act to adopt a definition of “child” of age 18, 19 or 20 for the title IV-E programs for the following reason(s), described below:

Revised October 22, 2014 ATTACHMENT VII Title IV-E Plan – State/Tribe of Kentucky

STATE/TRIBAL CERTIFICATION: PERSONNEL ADMINISTRATION

I certify that ______(Name of Agency/Tribe) has established and will maintain methods of personnel administration in conformity with standards for a Merit System of Personnel Administration, prescribed in title 5 CFR 900 by the U.S. Office of Personnel Management pursuant to section 208 of the Intergovernmental Personnel Act of 1970, as amended.

The signature of the chief executive officer of a State or Indian Tribe on this certification of agreement below, to maintain a system of personnel administration in conformance with these Standards, satisfies applicable Federal merit personnel requirements in section 471(a)(5) of title IV-E of the Social Security Act to which personnel standards on a merit basis are applicable (5 CFR 900.604).

Revised October 22, 2014