922 KAR 1:030. Selection and approval of adoptive parents.

      RELATES TO: KRS 199.471, 199.472

      STATUTORY AUTHORITY: KRS 194A.050, 199.472

      NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is necessitated by the mandate found in KRS 199.472. It functions to establish guidelines for the placement of children for adoption by the Cabinet for Health and Family Services.

      Section 1. The rights and best interests of children to be adopted shall be paramount. Placement of children shall be based upon the needs of individual children available for adoption and the ability of the adoptive applicants to meet these needs.

      Section 2. The approval of applicants for adoption shall not guarantee the placement of a child with the applicants.

      Section 3. To be approved, applicants shall make themselves available to representatives of the Cabinet for Health and Family Services for the purpose of evaluating their abilities to meet the needs of children available for adoption.

      Section 4. Applicants shall be subject to departmental visitation, supervision, and evaluation of the child in the applicant's home after the child has been placed.

      Section 5. Placement of a particular child with an applicant shall require prior approval by the Cabinet for Health and Family Services.

      Section 6. The Cabinet for Health and Family Services shall consider placement of a child with an adoptive applicant of:

      (1) Appropriate and responsible age;

      (2) Sufficient physical and mental health;

      (3) Adequate financial resources; and

      (4) Housing facilities to provide a stable environment that meets the child's needs. The home shall provide an environment that is conducive to the child's well-being.

      Section 7. An applicant shall not be approved, and a child shall not be placed with an applicant, if it is determined that the applicant has opinions or feelings, as evidenced by statement or action, which might be expected to adversely affect the applicant's capacity for adoptive parenting. Feelings or opinions include those concerning:

      (1) Infertility;

      (2) Illegitimacy;

      (3) Heredity;

      (4) Race;

      (5) Physical characteristics or resemblances.

      Section 8. To be approved an applicant shall:

      (1) Have a love for children;

      (2) Have a desire and capacity for parenting;

      (3) Have a capacity for feeling satisfaction from contributing to the development of a child;

      (4) Have an ability to deal with developmental differences and a sensitivity to, understanding of, and tolerance for children's differences; and

      (5) Be flexible about their expectations and capable of accepting a child as the child is or may develop.

      Section 9. The approved applicants shall be able to present the adoptive child with appropriate opportunities for religious, spiritual, or ethical development.

      Section 10. Applicants with natural or adopted children shall be given the same consideration as childless applicants.

      Section 11. An applicant for adoption and a child suitable for adoptive placement shall not be denied approval or placement solely on the basis of:

      (1) Age;

      (2) Race;

      (3) Sex;

      (4) Marital status;

      (5) Religion; or

      (6) National origin.

      Section 12. Brothers and sisters shall not be separated from one another unless the Cabinet for Health and Family Services shows conclusively that the separation will benefit the child. (DCW 7-8; 1 Ky.R. 294; eff. 1-8-75; Am. 20 Ky.R. 2403; eff. 3-23-94; Recodified from 905 KAR 1:030, 10-30-98.)