††††† 922 KAR 1:330. Child protective services.

 

††††† RELATES TO: KRS 13B.050, 13B.120, 13B.140, 13B.150, 159.140, 194A.005(1), 202A.011, 214.036, 431.600(1), (8), 503.110(1), 529.010(5), (13), 600.010, 600.020, 605.090(3), 605.130, 610.010(2)(d), (9), 620.010-620.050, 620.070, 620.350, 620.990, 42 U.S.C. 5106a

††††† STATUTORY AUTHORITY: KRS 194A.050(1), 605.150(1), 620.029(2)(a), 620.180(1)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary for the Cabinet for Health and Family Services to promulgate 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. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605 - Administrative Matters. KRS 620.180(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 620 - Dependency, Neglect, and Abuse. KRS 620.029(2)(a) requires the cabinet, in consultation with agencies serving victims of human trafficking, to promulgate administrative regulations for the treatment of children who are reported to be victims of human trafficking as dependent, neglected, or abused children, including providing for appropriate screening, assessment, treatment, and services. In addition, 42 U.S.C. 5106a(b) establishes eligibility requirements for a state to receive a grant for a child abuse and neglect prevention and treatment program. This administrative regulation establishes cabinet procedures, congruent with eligibility requirements under 42 U.S.C. 5106a(b), for a child protection investigation or family-in-need-of-services assessment of abuse, neglect, or dependency.

 

††††† Section 1. Definitions. (1) "Cabinet" is defined by KRS 194A.005(1) and 600.020(6).

††††† (2) "Caretaker" means a parent, guardian, or other person exercising custodial control or supervision of a child.

††††† (3) "Child protective services" means preventive and corrective services directed toward:

††††† (a) Safeguarding the rights and welfare of an abused, neglected, or dependent child;

††††† (b) Assuring for each child a safe and nurturing home;

††††† (c) Improving the abilities of parents to carry out parental responsibilities;

††††† (d) Strengthening family life; and

††††† (e) Assisting a parent or other person responsible for the care of a child in recognizing and remedying conditions detrimental to the welfare of the child.

††††† (4) "Family-in-need-of-services assessment" or "FINSA" is a process of collecting information and evaluating risk factors to determine if a family is in need of child protective services.

††††† (5) "Human trafficking" is defined by KRS 529.010(5).

††††† (6) "Initial determination" means an evaluation of risk factors to determine immediate safety and risk of harm resulting in a decision whether to proceed with:

††††† (a) An investigation; or

††††† (b) A FINSA.

††††† (7) "Investigation" means a process of collecting information and evaluating risk factors to determine if a child:

††††† (a) Has been abused or neglected; or

††††† (b) Is dependent.

††††† (8) "Preponderance of evidence" means that evidence is sufficient to conclude that it is more likely than not that an alleged perpetrator committed an act of child abuse or neglect as defined in KRS 600.020(1).

††††† (9) "Sexual abuse" is defined by KRS 600.020(56).

††††† (10) "Sexual exploitation" is defined by KRS 600.020(57).

††††† (11) "Social service worker" is defined by KRS 600.020(58).

††††† (12) "Substantiated" means:

††††† (a) An admission of abuse, neglect, or dependency by the person responsible;

††††† (b) A judicial finding of child abuse, neglect, or dependency; or

††††† (c) A preponderance of evidence exists that abuse, neglect, or dependency was committed by the caretaker.

††††† (13) "Unable to locate" means that:

††††† (a) Identifying information about the family is insufficient for locating them; or

††††† (b) The family has moved and their new location is not known.

††††† (14) "Unsubstantiated" means there is insufficient evidence, indicators, or justification present for substantiation of abuse, neglect, or dependency.

††††† (15) "Victim of human trafficking" is defined by KRS 529.010(13).

 

††††† Section 2. A Report of Child Abuse, Neglect, or Dependency. (1) In accordance with 42 U.S.C. 5106a(b)(2)(B)(i), the cabinet shall accept reports of alleged child abuse, neglect, or dependency made pursuant to KRS 620.030.

††††† (a) A twenty-four (24) hour on-call response system and the child abuse hotline, for the receipt of emergency reports after normal office hours, shall be made available to those in a community who may have information regarding:

††††† 1. Child abuse, neglect, or dependency; or

††††† 2. Human trafficking of a child.

††††† (b) Cabinet staff or designee shall attempt to elicit from the person reporting suspected child abuse, neglect, dependency, or human trafficking as much information about the child's circumstances, as possible, including:

††††† 1. Specific information as to the nature and extent of:

††††† a. Abuse, neglect, or dependency; or

††††† b. Human trafficking;

††††† 2. The cause of the abuse, neglect, or dependency;

††††† 3. The location of the child and family;

††††† 4. Knowledge or suspicion of a previous incident;

††††† 5. Identifying information regarding a witness to the alleged incident that resulted in the child's condition;

††††† 6. An action taken by the reporting person, if applicable;

††††† 7. Present danger or threat of danger to the child or cabinet staff; and

††††† 8. Information in accordance with KRS 620.030(2) and (3).

††††† (c) The reporting person's identity shall remain confidential, unless ordered to be divulged by a court of competent jurisdiction.

††††† (d) The cabinet shall investigate or accept as a FINSA an anonymous report that provides sufficient information regarding an incident involving a child and alleged:

††††† 1. Abuse, neglect, or dependency perpetrated by a caretaker; or

††††† 2. Human trafficking of the child.

(e) Immunity from liability shall be in accordance with 42 U.S.C. 5106a(b)(2)(B)(vii) and KRS 620.050(1) and (2).

††††† (2) The cabinet shall not undertake an investigation or FINSA for a report of abuse or neglect allegedly perpetrated by a non-caretaker, with the exception of a report of human trafficking, but shall refer the matter in compliance with KRS 620.030(1).

††††† (3) Pursuant to KRS 620.040(1)(b) and (2)(b), if a report does not meet an acceptance criterion for an investigation or FINSA, the cabinet shall:

††††† (a) Not accept the report for investigation or FINSA;

††††† (b) Refer the caller to a community resource that may meet family needs if available; and

††††† (c) Keep a record of the report, in accordance with 42 U.S.C. 5106a(b)(2)(B)(xii).

††††† (4) Acceptance Criteria for an Investigation or FINSA. The cabinet shall:

††††† (a) Investigate or conduct a FINSA upon the receipt of a report of physical abuse, if the report alleges:

††††† 1. An injury that is, or has been, observed on a child that was allegedly inflicted nonaccidentally by a caretaker;

††††† 2. Physical abuse if no current observable injury is seen;

††††† 3. A child being hit in a critical area of the body, such as the head, neck, genitals, abdomen, and back; or

††††† 4.a. Physical injury to a child, as defined by KRS 600.020(46), that is the result of an altercation between the child and the caretaker.

††††† b. The cabinet shall explore the following:

††††† (i) Age of the child;

††††† (ii) Precipitating factors;

††††† (iii) Degree of appropriateness of force used by the caretaker; and

††††† (iv) Need for further services to assist in eliminating violent behavior in the home;

††††† (b) Investigate or conduct a FINSA upon receipt of a report that alleges neglect of a child perpetrated by a caretaker that may result in harm to the health and safety of a child in the following areas:

††††† 1. Hygiene neglect if:

††††† a. A child has physical symptoms that require treatment due to poor care; or

††††† b. The child's physical health and safety are negatively affected due to an act or omission by the caretaker;

††††† 2. Supervision neglect if the individual reporting has reason to believe that the physical health and safety of the child may be negatively affected by lack of necessary and appropriate supervision;

††††† 3. Food neglect if a child shows symptoms of:

††††† a. Malnutrition;

††††† b. Dehydration; or

††††† c. Not having been provided adequate food for a period of time that interferes with the health needs of the child, based on height or weight norms for the childís age;

††††† 4. Clothing neglect if a child suffers from:

††††† a. Illness;

††††† b. Exposure; or

††††† c. Frostbite due to inadequate clothing provided to the child or the clothing provided is insufficient to protect the child from the elements;

††††† 5. Environmental neglect, if a serious health and safety hazard is present and the caretaker is not taking appropriate action to eliminate the problem;

††††† 6. Educational neglect if the:

††††† a. School system has exhausted its resources to correct the problem and complied with its duties pursuant to KRS 159.140; and

††††† b. Caretaker's neglect prevents the child from attending school or receiving appropriate education;

††††† 7. Medical neglect, in accordance with 42 U.S.C. 5106a(b)(2)(C), if a child has not received a medical assessment or is not receiving treatment for an injury, illness, or disability that if left untreated may:

††††† a. Be life-threatening;

††††† b. Result in permanent impairment;

††††† c. Interfere with normal functioning and worsen; or

††††† d. Be a serious threat to the child's health due to the outbreak of a vaccine preventable disease, unless the child is granted an exception to immunization pursuant to KRS 214.036;

††††† 8. At risk of harm due to an act described at KRS 600.020(1), if a child is:

††††† a. Born exposed to drugs or alcohol, as documented by a health care provider pursuant to:

††††† (i) 42 U.S.C. 5106a(b)(2)(B)(ii); and

††††† (ii) KRS 620.030(2);

††††† b. Involved in an incident of domestic violence;

††††† c. Permitted to use drugs or alcohol under circumstances that create a risk to the emotional or physical health of the child;

††††† d. In a situation if the factors provided in a report indicate that:

††††† (i) An act of sexual abuse, sexual exploitation, or prostitution involving a child may occur; or

††††† (ii) The child exhibits physical or behavioral indicators of sexual abuse; or

††††† e. In a situation where the circumstances are such that a child is likely to be physically abused; or

††††† 9. Exploitation neglect if the:

††††† a. Caretaker has used a child or childís financial resources for personal gain;

††††† b. Caretaker has enticed a child to become involved in criminal activities; or

††††† c. Child is a victim of human trafficking;

††††† (c)1. Receive and investigate a report that alleges sexual abuse of a child committed or allowed to be committed by a caretaker.

††††† 2. An investigation may be conducted without a specific allegation if a child has a sexually transmitted disease;

††††† (d) Receive and investigate or complete a FINSA upon the receipt of a report that alleges a child is dependent, pursuant to KRS 600.020(19); and

††††† (e) Investigate or complete a FINSA upon the receipt of a report that alleges emotional injury or risk of emotional injury to a child by a caretaker pursuant to KRS 600.020(25).

††††† (5) The following criteria shall be used in identifying a report of abuse, neglect, or dependency not requiring a child protective services investigation or FINSA:

††††† (a) The victim of the report of abuse, neglect, or dependency is age eighteen (18) or over at the time of the report;

††††† (b) There is insufficient information to locate the child or to explore leads to locate;

††††† (c) The problem described does not meet the statutory definitions of abuse, neglect, or dependency;

††††† (d) The reporter notifies the cabinet that a child is injured, but the reporter does not allege injuries were the result of abuse or neglect;

††††† (e) The report concerns custody changes, custody related issues, or lifestyle issues, without allegations of abuse, neglect, or dependency;

††††† (f) Pursuant to KRS 503.110(1), corporal punishment appropriate to the age of the child, without an injury, mark, bruise, or substantial risk of harm;

††††† (g) The report concerns a newborn infant abandoned pursuant to KRS 620.350; or

††††† (h) An allegation of spouse abuse to a married youth under the age eighteen (18).

††††† (6) A report of spouse abuse to a married youth under the age of eighteen (18) shall be forwarded to cabinet staff for action pursuant to 922 KAR 5:102.

††††† (7) A report of corporal punishment described in subsection (5)(f) of this section shall be reported to and assessed by the cabinet, if alleged to be committed by a caretaker parent who:

††††† (a) Provides foster, pre-adoptive, or respite care services for a child in the custody of the cabinet; and

††††† (b) Is approved pursuant to 922 KAR 1:310 or 922 KAR 1:350.

 

††††† Section 3. Initial Investigation or FINSA. (1) Based upon an accepted report of child abuse, neglect, or dependency, the cabinet shall, in accordance with KRS 620.040(1)(b) or (2)(b), and 42 U.S.C. 5106a(b)(2)(B)(iv), make an initial determination as to the immediate safety and risk of harm to a child.

††††† (2) An investigation shall be initiated within one (1) hour of the report if the report indicates:

††††† (a) Child abuse, neglect, or dependency that places a child in imminent danger;

††††† (b) Human trafficking of a child; or

††††† (c) Sexual abuse of a child.

††††† (3) If the report of child abuse, neglect, or dependency indicates nonimminent danger of physical abuse, efforts shall be made to have face-to-face contact with the child and family within twenty-four (24) hours.

††††† (4) If the report of child abuse, neglect, or dependency indicates nonimminent danger, not involving physical abuse, efforts shall be made to have face-to-face contact with the child and family within forty-eight (48) hours.

††††† (5) An investigation or a FINSA shall be initiated within forty-eight (48) hours of receipt of the report of dependency, if a child is not in imminent danger.

††††† (6) Unable to locate shall be documented in the investigative or family-in-need-of-services narrative.

††††† (7) The social service worker shall advise the individual under investigation of the complaints or allegations in accordance with 42 U.S.C. 5106a(b)(2)(B)(xviii).

††††† (8) A written assessment shall:

††††† (a) Be completed by the cabinet on every investigation and FINSA; and

††††† (b) Document efforts if the cabinet is unable to locate the family.

††††† (9) The cabinet shall provide or make a referral to any community based service:

††††† (a) Available to a child, caretaker, or a childís family:

††††† 1. In accordance with 42 U.S.C. 5106a(b)(2)(B)(v),(vi),(ix),(xi), or (xxi); or

††††† 2. Pursuant to KRS 620.029 or 620.040(1)(b) or (2)(b); and

††††† (b Necessary to:

††††† 1. Reduce risk to a child; and

††††† 2. Provide family support.

††††† (10) The cabinet shall make a referral for early intervention services pursuant to 42 U.S.C. 5106a(b)(2)(B)(xxi) for a child under the age of three (3) who is involved in a substantiated case of abuse or neglect.

††††† (11)(a) The cabinet may develop a Prevention Plan at any point during an investigation or a FINSA to protect the health and safety of a child.

††††† (b) The Prevention Plan shall be:

††††† 1. Completed in hardcopy;

††††† 2. Developed in conjunction with a family and the familyís identified support system;

††††† 3. Agreed upon by the participants; and

††††† 4. Signed by all parties identified to participate in the prevention plan, unless a party is unwilling or unable to sign.

††††† (12) If an investigation or a FINSA is conducted as a result of a child being referred pursuant to Section 2(4)(b)8 of this administrative regulation, the cabinet shall develop a Prevention Plan in accordance with 42 U.S.C. 5106a(b)(2)(B)(iii).

††††† (13) Collateral contact shall be made pursuant to KRS 620.030, 620.040, and 620.050.

††††† (14)(a) A medical or psychological examination may be required if a report of child abuse, neglect, or dependency alleges that a child has suffered physical or sexual harm or emotional injury.

††††† (b) A medical examination shall be conducted in accordance with KRS 620.050(14).

††††† (15) Cabinet staff shall coordinate an investigation with a childrenís advocacy center governed by 920 KAR 2:040, in accordance with KRS 620.040(6) and (7).

††††† (16) Pursuant to KRS 620.030(5), an agency, institution, or facility serving the child or family shall provide cooperation, assistance, and information necessary for the cabinet to conduct an investigation or FINSA.

††††† (17) Photographs may be taken of a child or a childís environment during a protective services investigation or FINSA in accordance with KRS 620.050(14).

††††† (18) An interview with a child shall be conducted pursuant to KRS 620.040(6).

††††† (19)(a) A child sexual abuse or human trafficking investigation shall be conducted jointly with law enforcement and other multidisciplinary team members pursuant to KRS 431.600(1) and (8), 620.040(3), and 42 U.S.C. 5106a(b)(2)(B)(xi).

††††† (b) The cabinetís primary responsibility shall be the protection of the child.

††††† (20) If there is reason to believe a child is in imminent danger, or if a parent or caretaker of a child refuses the cabinet entry to a childís home or refuses to allow a child to be interviewed, the cabinet may request assistance:

††††† (a) From law enforcement; or

††††† (b) Through a request for a court order pursuant to KRS 620.040(5)(a).

††††† (21)(a) If the court issues a search warrant for execution by law enforcement, cabinet staff may accompany law enforcement officers.

††††† (b) Except as provided in KRS 605.090(3), the cabinet shall not remove a committed child from the child's home without a court order.

††††† (22) At the request of law enforcement, the cabinet shall, pursuant to KRS 620.040(3):

††††† (a) Provide assistance in interviewing an alleged child abuse victim in a noncaretaker report; and

††††† (b) Not be the lead investigator in a noncaretaker investigation.

††††† (23) In accordance with 42 U.S.C. 5106a(b)(2)(B)(v), the cabinet may refer a child or a childís family to a state or community resource according to the identified need of the child and family.

 

††††† Section 4. Alleged Perpetrators of Abuse, Neglect, or Dependency Age Twelve (12) to Eighteen (18). (1) A report of child abuse, neglect, or dependency involving alleged perpetrators in a care-taking role age twelve (12) to eighteen (18), shall be subject to investigation or a FINSA.

††††† (2) If substantiated, a child age twelve (12) to eighteen (18) shall be identified as the alleged perpetrator.

 

††††† Section 5. Reports of Child Abuse, Neglect, or Dependency in Cabinet-approved Homes or Licensed Facilities. (1) Pursuant to KRS 620.030(5), the cabinet shall have the authority to obtain necessary information to complete an investigation in a report of child abuse, neglect, or dependency in a:

††††† (a) Child-caring facility licensed in accordance with 922 KAR 1:300 or its subcontractor;

††††† (b) Child-placing agency licensed in accordance with 922 KAR 1:310 or its subcontractor;

††††† (c) Child-care center licensed in accordance with 922 KAR 2:090;

††††† (d) Family child-care home certified in accordance with 922 KAR 2:100;

††††† (e) Child care provider registered in accordance with 922 KAR 2:180; or

††††† (f) Resource home approved pursuant to 922 KAR 1:350.

††††† (2) If a report of alleged child abuse, neglect, or dependency in a home approved pursuant to 922 KAR 1:310 or 922 KAR 1:350 is received, the designated cabinet staff shall:

††††† (a) Immediately contact the service region administrator or designee; and

††††† (b) Assign staff to conduct the investigation.

††††† (3) If a report of alleged child abuse or neglect in a licensed child-care center, a certified family child-care home, or a registered child care provider is received, cabinet staff shall:

††††† (a) Notify the cabinetís Division of Child Care to share information and request assistance in locating alternate care if needed; and

††††† (b) Conduct an investigation.

††††† (4) If a report of alleged child abuse or neglect in a licensed child-caring facility, child-placing agency placement, certified family child-care home, or licensed child-care center is received, cabinet staff shall:

††††† (a) Notify the Office of the Inspector General, Division of Regulated Child Care; and

††††† (b) Conduct an investigation.

††††† 1. If possible, an investigation shall be coordinated and conducted jointly with the Division of Regulated Child Care. However, if not possible, the cabinet shall proceed with an investigation.

††††† 2. In a joint investigation:

††††† a. An entrance interview with the facility administrator or designee shall be conducted; and

††††† b. The nature of the report shall be outlined without disclosing the name of the reporting source.

††††† 3. If the cabinet substantiates the report of child abuse or neglect and the alleged perpetrator is an employee of the facility, the cabinet shall notify the provider or program director within thirty (30) working days, unless a necessary extension is granted by the designated cabinet staff in a supervisory role.

††††† (5) The cabinet shall share written findings of an investigation with the Division of Child Care for a:

††††† (a) Licensed child-care center;

††††† (b) Certified family child-care home; or

††††† (c) Registered child care provider.

††††† (6) The cabinet shall share written findings of an investigation with the Division of Regulated Child Care for a:

††††† (a) Licensed child-care center;

††††† (b) Certified family child-care home;

††††† (c) Licensed child-caring facility; or

††††† (d) Licensed child-placing agency.

††††† (7) As soon as practical after a determination has been made that a child is in imminent danger or that a child needs to be removed, verbal or written notification shall be provided to the Division of Child Care or to the Office of the Inspector General.

 

††††† Section 6. Interviewing a Child in a School Setting. (1) Pursuant to KRS 620.030(5), the cabinet may, upon receipt of a report of child abuse or neglect, initiate an investigation or a FINSA at a school, which may include the review and copying of relevant school records pertaining to the child.

††††† (2) If initiating an investigation or a FINSA at a school, the cabinet shall:

††††† (a) Inform appropriate school personnel of the need to interview a child regarding the report; and

††††† (b) Give necessary information concerning the allegation and investigation only to school personnel with a legitimate interest in the case.

 

††††† Section 7. Investigation of an Employee of the School System. If a report of child abuse or neglect involving school personnel is received, the following shall apply:

††††† (1) An investigation shall be conducted;

††††† (2) If the allegation is made about a school employee in a caretaker role of a child, the cabinet shall, if possible, conduct an interview away from the school grounds, with each of the following persons:

††††† (a) The child;

††††† (b) The parent or legal guardian;

††††† (c) The alleged perpetrator; and

††††† (d) Other collateral source, if any, in accordance with Section 3(13) of this administrative regulation;

††††† (3) The findings shall be shared with the custodial parent and the alleged perpetrator;

††††† (4) The cabinet shall notify the appropriate supervisor of the alleged perpetrator, in writing, of the following:

††††† (a) That an investigation has been conducted;

††††† (b) The results of the investigation; and

††††† (c) That the alleged perpetrator has the right to appeal pursuant to 922 KAR 1:480; and

††††† (5) A person desiring other information shall employ the open records procedure, as described in 922 KAR 1:510.

 

††††† Section 8. Written Notice of Findings of Investigation. The cabinet shall provide notification to specified government officials in accordance with KRS 620.040(1) or (2) and 42 U.S.C. 5106a(b)(2)(B)(ix).

 

††††† Section 9. Substantiation Criteria and Submission of Findings. (1) The cabinet shall use the definitions of "abused or neglected child" in KRS 600.020(1) and "dependent child" in KRS 600.020(19) in determining if an allegation is substantiated.

††††† (2) A finding of an investigation or a FINSA shall be based upon the:

††††† (a) Information and evidence collected by the cabinet during the reportís investigation or FINSA; and

††††† (b) Condition that is present, rather than an action taken to remediate an issue or concern pertaining to a childís health, safety, or welfare.

††††† (3) A social service worker may find and substantiate abuse, neglect, or dependency at any point during an investigation, FINSA, or prior to case closure and aftercare planning in accordance with Section 11 of this administrative regulation, if preponderance of the evidence exists.

††††† (4) A cabinet finding shall not be a judicial finding.

††††† (5) The social service workerís supervisor or designee shall review and approve the final finding of the investigation or FINSA.

††††† (6) A DPP-152, Child Protective Service (CPS) Substantiated Investigation Notification Letter, and notice of the perpetratorís right to appeal in accordance with 922 KAR 1:480, Section 3, shall be:

††††† (a) Sent to the perpetrator by certified mail; or

††††† (b) Given to the perpetrator, in person, with a witness signature to document that the perpetrator received the notice.

††††† (7) A DPP-152 shall be:

††††† (a) Sent to the childís parent or guardian by certified mail; or

††††† (b) Given to the parent or guardian, in person, with the parent or guardian and a witness signature to document receipt of the notice.

 

††††† Section 10. Appeals. (1) The perpetrator of a substantiated finding of child abuse or neglect may request a hearing in accordance with 922 KAR 1:480.

††††† (2) If an administrative hearing is held, the secretary of the Cabinet for Health and Family Services or designee shall issue the final order.

††††† (3) A further appeal may be requested through circuit court in accordance with KRS 13B.140 and 13B.150.

††††† (4) A person may have additional hearing rights as specified in 922 KAR 1:320.

 

††††† Section 11. Closure and Aftercare Planning. (1) A decision to close a child protective services case shall be based on:

††††† (a) Evidence that the factors resulting in the child abuse, neglect, or dependency have been resolved to the extent that the family is able to:

††††† 1. Protect the child; and

††††† 2. Meet the needs of the child; or

††††† (b) A lack of legal authority to obtain court ordered cooperation from the family.

††††† (2) A child protective services case shall not be closed if withdrawal of services places a child at risk of abuse, neglect, or dependency.

††††† (3) A family shall be:

††††† (a) Notified in writing of the decision to close the protective services case; and

††††† (b) Advised of the right to a fair hearing in compliance with 922 KAR 1:320, Section 2.

††††† (4) Aftercare planning shall link a family to community resources for the purpose of continuing preventive measures if the cabinet discontinues services in accordance with this section.

††††† (5) The Aftercare Plan shall be developed upon the completion of an investigation or family-in-need of services assessment, if an issue or concern identified by the cabinet falls below the level that triggers a protection services case being opened.

††††† (6)(a) When it is determined that a protective services case is appropriate for closure, the cabinet shall work with the family to develop the Aftercare Plan.

††††† (b) The focus of the Aftercare Plan shall be to prevent a recurrence of abuse, neglect, or dependency to the child in the home.

††††† (7) The cabinet may open a child protective services case in accordance with 922 KAR 1:140, 1:400, 1:410, or 1:430.

††††† (8) The cabinet may request the assistance of a court of competent jurisdiction to protect the child in accordance with KRS 620.070.

 

††††† Section 12. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "DPP-152, Child Protective Service (CPS) Substantiated Investigation Notification Letter", 6/04;

††††† (b) "Aftercare Plan", 2/04; and

††††† (c) "Prevention Plan", 6/04.

††††† (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. (17 Ky.R. 3612; eff. 8-21-91; 20 Ky.R. 2435; eff. 3-23-94; 21 Ky.R. 660; 1080; eff. 9-21-94; 25 Ky.R. 1236; 1652; eff. 1-19-99; Recodified from 905 KAR 1:330, 2-1-99; 27 Ky.R. 1960; 3112; eff. 5-14-2001; 30 Ky.R. 1682; 2471; eff. 6-16-04; TAm. eff. 8-24-2010; 40 Ky.R. 1375; 2187; eff. 5-2-2014.)