922 KAR 1:140. Foster care and adoption permanency services.

      RELATES TO: KRS 199.801, 600.020, 610.010(13), 610.125, 610.127, 620.020, 620.023, 620.027, 620.060, 620.090

      STATUTORY AUTHORITY: KRS 194A.050(1), 199.467, 199.472, 620.180, 42 U.S.C. 620-628, 672, 673

      NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. Sections 620 to 679, KRS 199.467 requires the Secretary for Health and Family Services to promulgate administrative regulations establishing specific goals for the cabinet, for each fiscal year, regarding the maximum number of children who will remain in foster care longer than twenty-four (24) months, and describing the steps to be taken to achieve the goals. KRS 620.180(2) requires the cabinet to promulgate administrative regulations for status review, ongoing case work, and supportive services to children in placement. This administrative regulation establishes the maximum number of children remaining in foster care longer than twenty-four (24) months, and establishes permanency services available to children in placement.

      Section 1. Definitions. (1) "Cabinet" means the Cabinet for Health and Family Services.

      (2) "Concurrent planning" means the cabinet may simultaneously plan for:

      (a) Reunification of a child under the custodial control of the cabinet; and

      (b) Permanent removal of the child if the prognosis for reunification is poor.

      (3) "Reasonable efforts" is defined at KRS 620.020(9).

      Section 2. Children in Care. During each fiscal year, the maximum number of children who may receive foster care in excess of twenty-four (24) months is 3,000.

      Section 3. Permanency Planning. (1) In a court permanency hearing held pursuant to KRS 610.125, the cabinet shall demonstrate that reasonable efforts to reunite the child with his or her parents:

      (a) Have been unsuccessful; or

      (b) Are not required under the provisions of KRS 610.127.

      (2) A child shall be removed from his home:

      (a) If an emergency custody order has been obtained pursuant to KRS 620.060; or

      (b) If a temporary custody order has been obtained pursuant to KRS 620.090.

      (3) Upon removal of a child from his home:

      (a) Placement shall be:

      1. Selected according to the least restrictive appropriate placement available, as required by KRS 620.090(2); and

      2. Closest in proximity to the child’s home, in accordance with KRS 199.801;

      (b) A child placed with a relative shall be considered for the Kinship Care Program, as established in 922 KAR 1:130.

      (4) An absent parent search shall be conducted by cabinet staff to locate a parent whose whereabouts are unknown.

      (5) If the case conference held in compliance with KRS 620.180(2)(a)1 results in the child being placed in the custodial control of the cabinet, the cabinet shall develop and document a permanency plan, using Form P&P-1282, Family Case Plan.

      (6) Concurrent planning shall be considered during development of a permanency plan and documented on the P&P-1282, Family Case Plan. The plan shall identify the permanency goal described in Section 4(2) of this administrative regulation.

      Section 4. Permanency Goals. (1) A permanency goal for a child under the custodial control of the cabinet shall be established according to the particular needs and best interests of the child.

      (2) A permanency goal shall include one (1) of the following:

      (a) Return to parent;

      (b) Adoption;

      (c) Permanent relative placement;

      (d) Legal guardianship;

      (e) Planned permanent living arrangement; or

      (f) Emancipation.

      Section 5. Return to Parent. (1) A child under the custodial control of the cabinet shall be returned to the parent if the cabinet determines:

      (a) The home is safe; and

      (b) Reunification is in the best interest of the child.

      (2) Another permanency goal, as described in Section 4(2) of this administrative regulation, shall be selected if:

      (a) A family does not make sufficient progress toward achieving the objectives specified in the Family Case Plan to allow for the safe return of the child and the cabinet seeks a court order for:

      1. A change in the permanency goal; or

      2. Termination of parental rights; or

      (b) A circumstance occurs that negates the requirement to make reasonable efforts to reunify the child and family, as described in KRS 610.127.

      Section 6. Adoption. (1) The permanency goal for a child under the custodial control of the cabinet shall be adoption if:

      (a) The parent pursues voluntary termination of parental rights; or

      (b) The cabinet pursues involuntary termination of parental rights pursuant to KRS 625.090.

      (2) An exception for proceeding with involuntary termination of parental rights may be requested by the cabinet if:

      (a) Relative placement has been secured;

      (b) Termination is not in the best interest of the child, for a compelling reason:

      1. Documented in the family case plan; and

      2. Monitored on a continual basis; or

      (c) A service necessary for reunification with the parent has not been provided within the time period specified in the Family Case Plan.

      (3) Cabinet staff shall consider involuntary termination of parental rights at each twelve (12) month permanency hearing held pursuant to KRS 610.125(1).

      Section 7. Permanent Relative Placement. The permanency goal for a child under the custodial control of the cabinet shall be permanent relative placement if:

      (1) Return to the parent is not in the child’s best interest; and

      (2) A relative who does not pursue adoption or legal guardianship is able to provide a permanent home for the child.

      Section 8. Legal Guardianship. (1) The permanency goal for a child under the custodial control of the cabinet shall be guardianship if reunification with the parent or adoption is not in the child’s best interest.

      (2) Legal guardianship shall be requested pursuant to KRS 620.140(1)(c).

      Section 9. Planned Permanent Living Arrangement. (1) The permanency goal for a child under the custodial control of the cabinet shall be a planned permanent living arrangement if:

      (a) An unsuccessful effort has been made to place the child for adoption or with a relative and the child has been placed on a national adoption register;

      (b) Other permanency goal options have been considered and are not appropriate due to the specific circumstances of the child;

      (c) The cabinet has reviewed documentation that a goal of planned permanent living arrangement is in the best interests of the child;

      (d) The court has determined that it would be in the best interests of the child to be placed in a planned permanent living arrangement; and

      (e) The child has formed psychological ties with those with whom he lives and adoption and guardianship have been discussed with the care provider and are not appropriate or viable alternatives.

      (2) Approval must be obtained from the commissioner’s office of the Department for Community Based Services prior to the establishment of a planned permanent living arrangement as a permanency goal for a child:

      (a) Under the age of sixteen (16); or

      (b) Placed with a private child caring agency.

      Section 10. Emancipation. (1) The permanency goal for a child under the custodial control of the cabinet shall be emancipation when:

      (a) The youth is age sixteen (16) or older; and

      (b) Other permanency options have been considered and are not appropriate due to the specific circumstance of the child.

      (2) If emancipation is established as a permanency goal, the youth shall be referred to an independent living program administered by the cabinet.

      Section 11. Permanency Services. (1) The cabinet shall provide services for a child under the custodial control of the cabinet so that permanency may be achieved.

      (2) Permanency services may include:

      (a) Ongoing case work and monitoring of the family to:

      1. Maintain the child safely in his home; and

      2. Ensure safe return of the child if the goal is reunification;

      (b) Adoption assistance pursuant to 922 KAR 1:050;

      (c) Postfinalization adoption assistance when adoption assistance has not been previously approved if:

      1. A finalized adoption is near dissolution due to the need for extraordinary medical care;

      2. The child was placed for adoption by the cabinet;

      3. The adoptive parent has made a reasonable effort to meet the needs of the child without assistance; and

      4. The child is under eighteen (18) years of age; or

      (d) Referral to other cabinet and community resources necessary for the achievement or maintenance of the child’s permanency goal.

      Section 12. Incorporation by Reference. (1) P&P-1282, Family Case Plan, edition 9/98, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (9 Ky.R. 667; eff. 12-1-82; Am. 10 Ky.R. 690; eff. 12-2-83; 16 Ky.R. 1067; eff. 1-12-90; 20 Ky.R. 2406; eff. 3-23-94; Recodified from 905 KAR 1:140, 10-30-98; 26 Ky.R. 2423; 27 Ky.R. 814; 1274; eff. 11-17-2000.)