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

 

††††† RELATES TO: KRS 13B.050, 13B.120, 13B.140, 13B.150, 61.870-61.884, 159.140, 431.600(1), (8), 503.110(1), 600.010, 600.020, 605.090(3), 605.130, 610.010(1)(e), (8), 620.010-620.050, 620.350, 620.990, 42 U.S.C. 5106a, EO 2003-064

††††† STATUTORY AUTHORITY: KRS 194A.050(1), 605.150(1), 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 620.180(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 620 - Dependency, Neglect, and Abuse. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605 - Administrative Matters. 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. EO 2003-064 reorganizes the executive branch of government and establishes the Cabinet for Health and Family Services. 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 600.020(6).

††††† (2) "Caretaker" is a person who is responsible for the supervision and well-being 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 in order to determine strengths and needs of a family.

††††† (5) "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 family-in-need-of-services assessment.

††††† (6) "Investigation" means a process:

††††† (a) Of collecting information and evaluating risk factors to determine if a child has been abused or neglected, or is dependent; and

††††† (b) Based upon the initial determination that moderate to high risk factors exist.

††††† (7) "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).

††††† (8) "Social service worker" is defined by KRS 600.020(57).

††††† (9) "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 person alleged to be responsible.

††††† (10) "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.

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

 

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

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

††††† 1. Specific information as to the nature and extent of abuse, neglect, or dependency;

††††† 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)(a) through (e).

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

††††† (d) An anonymous report that provides sufficient information regarding an incident involving a child, and a report of child abuse, neglect, or dependency perpetrated by a caretaker, shall be investigated or accepted as a family-in-need-of-services assessment.

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

††††† (2) The cabinet shall not undertake an investigation or family-in-need services assessment for a report of abuse or neglect allegedly perpetrated by a noncaretaker 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 criteria for investigation or family-in-need-of-services assessment, the cabinet shall:

††††† (a) Not accept the report for investigation or family-in-need-of-services assessment;

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

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

††††† (4) Acceptance criteria for investigation or family-in-need-of-services assessment. The cabinet shall:

††††† (a) Undertake an investigation or family-in-need-of-services assessment upon the receipt of a report of physical abuse, if the report alleges:

††††† 1. Marks that are or have been observed on a child that were allegedly inflicted nonaccidentally by a caretaker;

††††† 2. Physical abuse if no current observable marks are seen;

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

††††† 4.a. Physical injury to a child, as defined at KRS 600.020(45), 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 family-in-need-of-services assessment 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 is 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;

††††† c. Food poisoning; or

††††† d. 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 exhausts 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)(B), 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;

††††† 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)(A)(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. A report that alleges emotional injury or risk of emotional injury to a child by a caretaker, pursuant to KRS 600.020(24).

††††† (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 family-in-need-of-services assessment upon the receipt of a report that alleges a child is dependent, pursuant to KRS 600.020(19).

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

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

††††† (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; and

††††† (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 5:070.

††††† (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, 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 Family-in-Need-of-Services Assessment. (1) Based upon an accepted report of child abuse, neglect, or dependency, the cabinet shall, in accordance with KRS 620.040(1)(b) and 42 U.S.C. 5106a(b)(2)(A)(iv), make an initial determination as to the immediate safety and risk of harm to a child.

††††† (2) If the report of child abuse, neglect, or dependency indicates imminent danger, the investigation shall be initiated within one (1) hour.

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

††††† (6) An investigation or a family-in-need-of-services assessment shall be initiated within forty-eight (48) hours of receipt of a report of dependency, if a child is not in imminent danger.

††††† (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)(A)(xviii).

††††† (8) A written assessment shall be completed by the cabinet on every investigation and family-in-need-of-services assessment.

††††† (9) The cabinet shall provide or make a referral to any community based service, in accordance with 42 U.S.C. 5106a(b)(2)(A)(v)(vi)(ix)(xi)(xxi), necessary to:

††††† (a) Reduce risk to a child; and

††††† (b) Provide family support.

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

††††† (11) If an investigation or a family-in-need-of-services assessment 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 safe plan of care in accordance with 42 U.S.C. 5106a(b)(2)(A)(iii).

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

††††† (a) Completed, in hard copy, for a family-in-need-of-services assessment or an investigation, if the cabinet determines that abuse or neglect is substantiated or a family-in-need-of-services assessment determines a family needs service if:

††††† 1. A child remains in the home; and

††††† 2. A protection case is to be opened due to risk in the home;

††††† (b) Developed in conjunction with a family and the familyís identified support system;

††††† (c) Agreed upon by the participants; and

††††† (d) Signed by all parties identified to participate in the prevention plan, if possible.

††††† (13) Collateral contact shall be made pursuant to KRS 620.030, 620.040, 620.050, and 42 U.S.C. 5106a(b)(2)(A)(viii)(ix).

††††† (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 922 KAR 1:440, in accordance with KRS 620.040(6) and (7).

††††† (16) Pursuant to KRS 620.030(3), 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 family-in-need-of-services assessment.

††††† (17) Photographs may be taken of a child during a protective services investigation or family-in-need-of-services assessment, in accordance with KRS 620.050(14).

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

††††† (19) A child sexual abuse 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)(A)(vii). 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)(A)(v), the cabinet may refer to state and community resources, according to the identified need of the child, a report of abuse, neglect, or dependency that does not require a mandatory child protection services investigation or family-in-need-of-services assessment.

 

††††† 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 family-in-need-or-services assessment.

††††† (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(3), 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) Licensed child-caring facility or its subcontractor;

††††† (b) Licensed child-placing agency or its subcontractor;

††††† (c) Licensed or certified day care facility; or

††††† (d) 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:

††††† (a) Supervisor shall immediately contact the service region administrator or designee; and

††††† (b) Designated regional cabinet staff shall assign staff to conduct the investigation.

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

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

††††† (b) Conduct an investigation.

††††† 1. If possible, an investigation shall be coordinated and conducted jointly with the Division of Licensed 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 operator of the facility within thirty (30) working days, unless a necessary extension is granted by the designated regional cabinet staff in a supervisory role.

††††† (5) Written findings of an investigation shall be shared with the Division of Child Care, for a licensed child day care facility.

††††† (6) 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(3), the cabinet may, upon receipt of a report of child abuse or neglect initiate an investigation or a family-in-need-of-services assessment at a school, which may include the review and copying of relevant school records pertaining to the child.

††††† (2) The cabinet shall, if initiating an investigation or a family-in-need-of-services assessment at a school:

††††† (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 exercising custody and control of a child, with the incident occurring during school time or other school-related activity, 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.

††††† (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.

††††† (5) A person desiring other information shall employ the open records procedure, as described in KRS 61.870 to 61.884.

 

††††† Section 8. Written Notice of Findings of Investigation. The cabinet shall provide notification to specified government officials, as required by:

††††† (1) KRS 620.040(1)(c); and

††††† (2) 42 U.S.C. 5106a(b)(2)(A)(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(1) in determining if an allegation is substantiated.

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

††††† (3) A social service workerís determination shall not be a judicial finding.

††††† (4) The cabinet's supervisor or designee shall review and approve the final finding of the investigation or family-in-need-of-services assessment.

††††† (5) 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 2, shall be:

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

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

††††† (6) A DPP-152, Child Protective Service (CPS) Substantiated Investigation Notification Letter shall be:

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

††††† (b) Given to the parent or guardian, in person, with the parent or guardian and a witness signing receipt of 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 Commissioner of the Department for Community Based Services 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. Case 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 P&P 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 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 P&P Aftercare Plan.

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

 

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

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

††††† (b) "Prevention Plan", edition 6/04; and

††††† (c) "P&P Aftercare Plan", edition 2/04.

††††† (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.)