922 KAR 1:100. Agency adoptions.

922 KAR 1:100. Agency adoptions.

RELATES TO: KRS 199.470-199.590, 209.020, 508.100, 508.110, 508.120, 510.040-510.140, 510.150, 529.020-529.050, 530.020, 530.064, 531.300-531.370, 600.020(1)

STATUTORY AUTHORITY: KRS 194A.050(1), 199.472

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) provides that the Secretary of the Cabinet for Health and Family Services shall establish policies and operate programs to protect, develop and maintain the welfare of the citizens of the Commonwealth. KRS 199.472 provides that the cabinet shall establish criteria for the adoption of children. This administrative regulation establishes the procedures for agency adoptions.

Section 1. Definitions. (1) "Adoptive home study" means a study conducted by a social worker to document the preparation and training received by an approved adoptive family.

(2) "Administrative review" means an independent study or assessment by cabinet staff in which a recommendation may be made regarding the status of a case at least every six (6) months.

(3) "Cabinet" means Cabinet for Health and Family Services.

(4) "Concurrent planning" means the cabinet may simultaneously plan for reunification of a child with the birth family and permanent removal of the child if the prognosis for reunification is poor.

(5) "Concurrent planning family" means a foster family specifically trained and approved by the cabinet to provide concurrent planning placement services.

(6) "Interstate Compact on the Placement of Children (ICPC)" means the legal framework pursuant to KRS 615.030 for the placement of a child out of state.

(7) "Preplacement conference" means a meeting conducted by cabinet staff to:

(a) Provide an approved adoptive family with information regarding a child that has been referred to the family for adoptive placement;

(b) Assist the family in reaching a decision regarding acceptance of placement; and

(8) "Special Needs Adoption Program (SNAP)" means recruitment of an adoptive family by cabinet staff for a child for whom an adoptive placement has not been identified within one (1) month following termination of parental rights.

(9) "Statement of After-placement Services" means an agreement for after-placement supervision for a child placed with an out-of-state family whose agency is a licensed private adoption agency.

Section 2. Preparation of the Child for Adoptive Placement. (1) A child prepared for adoptive placement by cabinet staff shall receive clarification regarding the:

(a) Relationship to birth parent;

(b) Entitlement to a parent;

(d) Reason for which the foster placement may not become the adoptive placement;

(e) Role of the family service worker and the child in placement planning;

(f) Meaning of adoption;

(g) Process of recruitment of a family and how the child may be involved;

(h) Impending placement;

(i) Visitation process;

(j) Placement decision; and

(k) Cabinet staff responsible for the placement decision.

(2) If a child’s adoption plan includes reunification with a sibling separated in foster care, planning for the reunion and coordination of increased visitation between siblings shall occur before termination of parental rights.

(3) If cabinet staff agree by consensus during a planning conference, a sibling may be separated from another sibling in adoption upon consideration of:

(a) If age appropriate, each sibling’s understanding of the facts of the relationship, his feelings, wishes, and ideas regarding options for placement;

(b) The foster parent’s or child placement professional’s perceptions of each child’s relationship with his sibling; and

(4) A mental health counselor, birth relative, family service worker, nonadopting foster parent, or other appropriate person may assist with preparing the child for adoption.

(5) A foster child may be placed in a home approved for adoption prior to termination of parental rights when the child’s goal has been changed to adoption.

(6) If an approved family has not been identified within one (1) month after the child is freed for adoption, cabinet staff shall register a waiting child with SNAP for recruitment of an adoptive family.

Section 3. Selection of the Adoptive Family. (1) Emphasis for adoptive placement in the best interest of the child shall be to expedite the adoptive placement.

(2) Priority consideration for an adoptive placement shall be given to the:

(a) Existing relative; or

(b) Current foster parent.

(3) A final decision to pursue relative or foster adoption shall be made no later than five (5) days from the:

(a) Entry of the final order for termination of parental rights; or

(b) Termination of parental rights hearing.

(4) If the existing relative or foster parent shall not be pursued as an adoptive placement, the cabinet shall pursue adoptive placement according to the needs of the child with:

(a) A concurrent planning family; or

(b) An approved adoptive family.

(5) Acceptance by an approved family of a referral for adoptive placement shall result in a preplacement conference.

Section 4. Preparation of the Potential Adoptive Resource. (1) The prospective adoptive family shall have completed preparation for placement of a child for whom the cabinet has received wardship pursuant to 922 KAR 1:350 and be approved as a family resource home.

(2) Cabinet staff shall schedule a preplacement conference for a child freed for adoption with the child’s:

(a) Foster parent;

(b) Prospective adoptive parent;

(d) If applicable, social worker from the licensed private child care or child-placing agency where the child is placed.

(3) During the preplacement conference, cabinet staff shall discuss with the prospective adoptive parent acceptance of the:

(a) Referral;

(b) Health, background, and placement history of the child; and

Section 5. Adoptive Placement. (1) Planned visitation between a child older than one (1) month and a prospective adoptive family shall occur at least two (2) times prior to placement.

(2) Final placement with an adoptive family shall occur as quickly as possible upon the:

(a) Concurrence among cabinet staff, family and the child that the family and child are ready; and

(b) Completion of the Adoptive Placement Agreement.

(3) If a foster home or concurrent planning family placement becomes an adoptive family placement, a foster care payment shall cease upon completion of the Adoptive Placement Agreement.

(4) Adoption assistance shall be explored pursuant to 922 KAR 1:050.

Section 6. Out-of-State Adoptive Placement. (1) If an approved family is not identified within six (6) months after the child is freed for adoption, SNAP personnel shall:

(a) Refer the child to a national adoption exchange in search of a family; or

(b) Consider placement through an out-of-state agency.

(2) Placement of a Kentucky child with an out-of-state adoptive family may occur if:

(a) The family is seeking a child:

1. Through their state’s public child welfare agency; or

2. With a licensed child placing adoption agency;

(b) An adoptive home study pursuant to subsection (6) of this section has been completed or updated by the family’s present adoption agency, current within one (1) year by the date of the completion of the interstate referral package;

(c) A birth or adoptive child living in the prospective adoptive family’s home has been in the home for one (1) year by the time of placement;

(d) Another child placed in the home for the purpose of adoption:

1. Has had his adoption finalized prior to the referral of the Kentucky child; or

2. Is a sibling of the child being referred;

(e) An agreement with the cabinet has been signed by the adoptive family stating that no additional child, except for a sibling of a previously placed child, shall be accepted by the family for adoption until the Kentucky child has been in placement with the family for one (1) year and the adoption has been finalized; and

(f) The family’s agency is a licensed private adoption agency and the family’s agency has signed the Statement of After-Placement Services.

(3) A prospective out-of-state adoptive family who cannot pay the expense to attend a preplacement conference or visit a Kentucky child may have travel expenses paid by the cabinet.

(4) If the deputy compact administrator in both states provides written approval of the visit and both states sign the Interstate Compact Placement Request, a Kentucky child may travel to visit an out-of-state prospective adoptive family.

(5) Cabinet staff or another adult whom the child knows shall accompany a Kentucky child on an out-of-state visit to a prospective adoptive family upon approval from the secretary for the cabinet.

(6) The adoptive home study shall include:

(a) Documentation that no physical, mental or emotional barrier to the parent’s ability to adopt exists;

(b) A written report on any physical or mental illness and documentation of subsequent counseling or treatment including diagnosis, prognosis and the therapist’s recommendation regarding appropriateness for adoptive placement;

(d) If applicable, divorce or death verification of a previous spouse;

(e) A criminal records check;

(f) A child and spouse abuse check and copy of any investigation previously completed by any agency;

(g) Personal and financial reference; and

(h) A statement documenting the family’s current status with any previous adoption or foster care agency.

Section 7. Postplacement Service. (1) The goal of a postplacement service shall be to:

(a) Ensure the success of the placement; and

(b) Prevent disruption.

(2) The cabinet shall provide regular support and counseling service to the child and the adoptive family during the period prior to the legal adoption through finalization.

(3) Until the adoption judgement has been granted by the circuit court, administrative review for a child placed in an adoptive home shall continue.

Section 8. Alternative Placement When Disruption Occurs. (1) An alternative placement shall be planned following disruption of an adoptive placement.

(2) The child may be placed temporarily with a family that has already adopted a special needs child.

Section 9. Reconsideration of a Closed Adoptive Home. The family may reapply and receive approval for adoptive placement:

(1) If previously closed in good standing; or

(2) Following finalization of an adoption.

Section 10. Closure of Approved Adoptive Homes. (1) If an approved family does not receive a placement within three (3) years, the family shall be closed on the third anniversary of the approval date unless an indefinite extension is granted for a family waiting for a nonspecial needs child.

(2) Closure of an approved adoptive home shall occur if:

(a) An approved adoptive parent is criminally convicted or pleads guilty to charges of a sexual offense designated in KRS 510.040 to 510.140, 510.150, 529.020 to 529.050, 530.020, 530.064, or 531.300 to 531.370;

(b) An approved adoptive parent commits:

1. A crime of abuse, neglect or exploitation of a child pursuant to KRS 508.100, 508.110, or 508.120; or

2. Abuse, neglect or exploitation of a child, pursuant to KRS 600.020(1), substantiated by the cabinet pursuant to 922 KAR 1:330 and, if appealed, 922 KAR 1:320;

(c) Physical abuse of a spouse pursuant to KRS 209.020 by the approved adoptive parent is substantiated by the cabinet pursuant to 922 KAR 5:070;

(d) Serious physical or mental illness develops to the extent that care of the child by an approved adoptive parent is impaired; or

(e) The adoptive parent is convicted of a Class A or Class B felony offense pursuant to KRS Chapter 510; and

(3) If closure is necessary for an adoptive family who has a child placed, but the adoption is not finalized, the child shall be removed from the home.

(4) If the deficiency that led to closure has been resolved, an adoptive family previously closed due to a deficiency may reapply for approval as an adoptive family.

(5) Except for the referral of a sibling of a child previously placed with the adoptive family, the status of a nonfoster adoptive family placed on the register of waiting families shall change to inactive and subsequent referrals for adoptive placement shall not be made until finalization has occurred.

Section 11. Confidentiality of Records. Pursuant to KRS 199.570, no person having charge of an adoption record shall give to an individual:

(1) The name of a party appearing in the record; or

(2) A copy of the record except upon order of the court that granted the adoption.

Section 12. Request for Information from Adoption Records. (1) Identifying information from the cabinet’s record may be released only upon written order by the court upon application to the circuit court that granted the adoption by an adoptee, twenty-one (21) years of age or older.

(2) If the birth parent has not previously filed consent for release of identifying information with the circuit court, the judge may:

(a) Issue a court order requiring the cabinet to conduct a search for each birth parent as identified on the original birth certificate; and

(b) Determine the parent’s desire concerning the release of identifying information from the record.

(3) Upon receipt of written request by the adult adoptee or the adoptive family, nonidentifying health and background information may be released by the cabinet from a closed adoption record.

(4) If a request is received from an adoptee, eighteen (18) years of age or older, for contact with an adult preadoptive birth sibling separated during finalization of a closed adoption, cabinet staff shall:

(a) Review the adoption record; and

(b) Release identifying information if a mutual request for contact is contained within the record.

(5) If a request is received from a birth relative seeking an adoptee, either adult or minor, information may be given that adoption did occur and reassurance of the well being of the adoptee at last contact may be confirmed, but cabinet staff shall not contact an adoptee or adoptive family at the request of the birth family.

(6) If an adult adoptee seeks contact with the birth family, cabinet staff shall inform the adult adoptee of a birth relative’s interest. (26 Ky.R. 1596; Am. 1847; eff. 4-12-2000.)