††††† 922 KAR 1:350. Family preparation.

 

††††† RELATES TO: KRS 61.870-61.884, Chapter 151, 194A.060, 199.011(7), 202A.011(12), Chapter 211, 311.720(9), 311.840(3), 314.011(5), (7), and (9), 605.090, 620.030, 620.050, Chapter 625, 16 C.F.R. 1508 and 1509, 45 C.F.R. Parts 160, 164, 8 U.S.C. 1151, 42 U.S.C. 671(a)(23)

††††† STATUTORY AUTHORITY: KRS 194A.050(1), 199.472, 605.100(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 operate programs and fulfill the responsibilities vested in the cabinet. KRS 605.100(1) requires the cabinet to arrange programs designed to provide for classification, segregation, and specialized treatment of children according to their respective problems, needs, and characteristics. KRS 199.472 authorizes the cabinet to promulgate administrative regulations to establish the process of determining an applicant's capacity for foster or adoptive parenthood. This administrative regulation establishes criteria for resource homes and respite care providers caring for foster or adoptive children.

 

††††† Section 1. Definitions. (1) "Applicant" means an individual or family, subject to approval by the cabinet as a resource home.

††††† (2) "Commissioner" means commissioner of the Department for Community Based Services.

††††† (3) "Health professional" means a person actively licensed as a:

††††† (a) Physician as defined by KRS 311.720(9);

††††† (b) Physicianís assistant as defined by KRS 311.840(3);

††††† (c) Advanced registered nurse practitioner as defined by KRS 314.011(7); or

††††† (d) Registered nurse as defined by KRS 314.011(5) under the supervision of a physician.

††††† (4) "Independent living services" means services provided to youth to assist them in the transition from the dependency of childhood to living independently.

††††† (5) "Medically-fragile child" means a child who has a medical condition as defined in Section 6(1)(b) of this administrative regulation.

††††† (6) "Professional experience" means paid employment or volunteer work in a setting where there is supervision and periodic evaluation.

††††† (7) "Resource home" means a home in which a parent is approved by the cabinet to provide services as specified in Section 3(12) of this administrative regulation.

††††† (8) "Respite care" means temporary care provided by a provider, as specified in Section 21 of this administrative regulation, to:

††††† (a) Provide relief to the resource home parents; or

††††† (b) Allow for an adjustment period for the child in out-of-home care.

††††† (9) "Specialized medically-fragile child" means a child determined by the cabinet to have a medical condition, documented by a physician, that is severe enough to require placement with a resource home parent who is a:

††††† (a) Health professional;

††††† (b) Registered nurse as defined in KRS 314.011(5); or

††††† (c) Licensed practical nurse as defined by KRS 314.011(9).

 

††††† Section 2. Out-of-home Placement in a Resource Home Providing Only Foster Care Services. (1) Unless an exception is approved pursuant to subsection (2) of this section, the following requirements apply to resource homes providing only foster care services:

††††† (a) No more than five (5) children, including children under the custodial control of the cabinet and the resource home parentís own children living at home, shall reside in a resource home that provides only foster care services;

††††† (b) No more than two (2) children under age two (2), including children placed in out-of-home care by the cabinet and the resource home parent's own children, may reside at the same time in a resource home that provides only foster care services; and

††††† (c) A medically fragile child shall be placed in an approved medically fragile home.

††††† (2) To request an exception to subsection (1) of this section, the following forms shall be submitted to designated cabinet staff within ten (10) working days of placement:

††††† (a) DPP-112A, Placement Exception Request; and

††††† (b) DPP-112B, Placement Exception Plan, documenting the:

††††† 1. Reason the placement is in the best interest of the child; and

††††† 2. Specific support services to be provided.

††††† (3) Cabinet staff shall inform the resource home parent of conditions related to the child in accordance with:

††††† (a) KRS 605.090(1)(b); and

††††† (b) KRS 605.090(6).

 

††††† Section 3. General Requirements for a Resource Home Parent. (1)(a) Unless an exception is approved by designated cabinet staff, a resource home applicant shall be:

††††† †at least twenty-one (21) years of age.

††††† (b) A resource home applicant shall show proof of the applicant's United States citizenship or legal immigrant status, as described in 8 U.S.C. 1151.

††††† (2) A resource home applicant between eighteen (18) to twenty-one (21) years of age may be approved as a resource home parent if:

††††† (a) The resource home applicant is related to the child under the custodial control of the cabinet;

††††† (b) The resource home applicant can meet the needs of the child; and

††††† (c) Cabinet staff determines the placement is in the best interest of the child.

††††† (3) A department employee who provides protection and permanency services may apply to adopt a child in the care and custody of the cabinet if the:

††††† (a) Department employee:

††††† 1. Had no relationship with the child or a parent of the child prior to the termination of parental rights in accordance with KRS Chapter 625; or

††††† 2. Has adopted a sibling of the child available for adoption; and

††††† (b) Commissioner approves the employee to adopt.

††††† (4) A department employee who provides protection and permanency services shall be prohibited from becoming a respite care provider or resource home parent who provides foster care services or respite care for a child in the care and custody of the cabinet, regardless of the childís residence, unless the:

††††† (a) Department employee was a resource home parent or a respite care provider for the child when employment with the department began; and

††††† (b) Commissioner approves the employee to be a respite care provider or resource home parent who provides foster care services or respite care for the child.

††††† (5) A married couple may apply to become resource home parents.

††††† (6) A single unmarried person may apply to become a resource home parent.

††††† (7) The decision to foster or adopt a child shall be agreed to by each adult member of the applicantís household.

††††† (8)(a) Each adult member of the applicant's family shall submit a DPP-107, Health Information Required for Resource Home Applicants or Adult Household Members, completed:

††††† 1. By a health professional, stating that the individual is free of a:

††††† a. Communicable or infectious disease; and

††††† b. Condition that presents a health or safety risk to a child placed in the applicant's home; and

††††† 2. As a part of:

††††† a. The initial application; or

††††† b. A resource home review pursuant to Section 17 of this administrative regulation.

††††† (b) Each resource home parent applicant shall submit a DPP-107 current within one (1) year, completed by a health professional, attesting to the parent applicant's:

††††† 1. General health, including that the applicant is free of communicable diseases; and

††††† 2. Medical ability to care for a child placed in the applicant's home.

††††† (9) Each resource home parent applicant shall submit a DPP-108, Health Information Required for Resource Home Applicants Regarding Dependent Children, for each child member of the applicant family.

††††† (10) A resource home applicant shall have a source of income:

††††† (a) Sufficient to meet the applicant's household expenses; and

††††† (b) Separate from:

††††† 1. Foster care reimbursement; or

††††† 2. Adoption assistance.

††††† (11) Unless specified in a contract between the cabinet and a child welfare agency that provides foster care services, a resource home parent shall accept a child for foster care only from the cabinet.

††††† (12) An approved resource home parent shall be willing to:

††††† (a) Provide foster care services for a child placed in out-of-home care by the cabinet;

††††† (b) Adopt a child:

††††† 1. Whose parentís parental rights have been terminated; and

††††† 2. Who is under the custodial control of the cabinet;

††††† (c) Provide respite care for a child under the custodial control of the cabinet; or

††††† (d) Provide any combination of the services described in paragraphs (a) through (c) of this subsection.

††††† (13) A resource home applicant shall provide to the cabinet:

††††† (a) The names of three (3) personal references who:

††††† 1. Are not related to the applicant; and

††††† 2.a. Shall be interviewed by cabinet staff in person or by telephone; or

††††† b. Shall provide letters of reference for the applicant; and

††††† (b) Two (2) credit references.

††††† (14) Adult children of the resource home applicant who do not live in the home shall be contacted by cabinet staff regarding the applicant's parenting history.

††††† (15) If applicable, verification shall be obtained from the resource home applicant regarding:

††††† (a) Previous divorce;

††††† (b) Death of a spouse; and

††††† (c) Present marriage.

††††† (16) A resource home applicant who does not have custody of his or her own biological child shall provide:

††††† (a) A copy of the visitation order, if applicable;

††††† (b) A copy of the child support order; and

††††† (c) Proof of current payment of child support.

††††† (17) A resource home applicant and any member of the applicant's household shall submit to the background checks in accordance with 922 KAR 1:490.

††††† (18) The cabinet shall perform background checks in accordance with criteria established in 922 KAR 1:490.

 

††††† Section 4. Home Environment. (1)(a) Following approval as a resource home, the resource home may request written approval from designated cabinet staff to provide services as a certified:

††††† 1. Provider of supports for community living in accordance with 907 KAR 1:145; or

††††† 2. Family child care home in accordance with 922 KAR 2:100.

††††† (b) Except as provided in paragraph (a) of this subsection, an approved resource home shall not simultaneously:

††††† 1. Provide day care center services in accordance with 922 KAR 2:090; and

††††† 2. Be used as a licensed or certified health care or social service provider.

††††† (2) If the resource home adjoins a place of business open to the public, potential negative impact on the family and the child shall be examined including the:

††††† (a) Hours of operation;

††††† (b) Type of business; and

††††† (c) Clientele.

††††† (3) The resource home parent shall have access to:

††††† (a) Reliable transportation;

††††† (b) School;

††††† (c) Recreation;

††††† (d) Medical care; and

††††† (e) Community facilities.

††††† (4) A resource home parent who drives shall:

††††† (a) Possess a valid driverís license;

††††† (b) Possess proof of liability insurance; and

††††† (c) Abide by passenger restraint laws.

††††† (5) Up to four (4) children, including the resource home parent's own children, may share a bedroom.

††††† (6) Each child shall have:

††††† (a) A separate bed that is age and size appropriate for the child; or

††††† (b) If the child is under age one (1), a crib that meets Consumer Products Safety Commission standards, 16 C.F.R. 1508 and 1509.

††††† (7) Except as approved by designated cabinet staff, a resource home parent shall not share a bedroom with a child under the custodial control of the cabinet.

††††† (8) A bedroom used by a child under the custodial control of the cabinet shall be comparable to each bedroom in the house.

††††† (9) The physical condition of the resource home shall:

††††† (a) Not present a hazard to the safety and health of a child;

††††† (b) Be well heated and ventilated;

††††† (c) Comply with state and local health requirements regarding water and sanitation, including KRS Chapters 151 and 211; and

††††† (d) Provide indoor and out-of-door recreation space appropriate to the developmental needs of a child placed in the resource home.

††††† (10) The following shall be inaccessible to a child:

††††† (a) Medication;

††††† (b) Alcoholic beverage;

††††† (c) Poisonous or cleaning material;

††††† (d) Ammunition; and

††††† (e) Firearms.

††††† (11) A dangerous animal shall not be allowed near the child.

††††† (12) Medication shall be kept in a locked container.

††††† (13) First aid supplies with unexpired dates shall be available and stored in a place easily accessible to an adult.

††††† (14) A working telephone shall be available in the home.

††††† (15) The home shall be equipped with a working smoke alarm within ten (10) feet of each bedroom.

 

††††† Section 5. Emergency Shelter Resource Home. (1) An applicant shall be approved as an emergency shelter resource home if the parent:

††††† (a) Meets the requirements of Sections 3 and 4 of this administrative regulation;

††††† (b) Cares for a child in the custody of the cabinet age twelve (12) or above who needs immediate, unplanned care for fourteen (14) days or less, unless designated cabinet staff approve:

††††† 1. An exception to the minimum age for a child age eight (8) or over; or

††††† 2. An extension to the days of unplanned care, not to exceed a period of sixteen (16) days; and

††††† (c) Completes ten (10) hours of cabinet-sponsored training or training approved in advance by the cabinet beyond the initial thirty (30) hours of family preparation as required by Section 9 of this administrative regulation.

††††† (2) An approved emergency shelter resource home parent shall receive reapproval as an emergency shelter resource home if the parent completes ten (10) hours of ongoing cabinet-sponsored training or training approved in advance by the cabinet:

††††† (a) Beyond the annual six (6) hour requirement specified in Section 15 of this administrative regulation; and

††††† (b) Before the anniversary date of the original approval as a resource home.

 

††††† Section 6. Medically-fragile Resource Home. (1) An applicant shall be approved by cabinet staff as a medically-fragile resource home if the resource home parent:

††††† (a) Meets the requirements in Sections 3 and 4 of this administrative regulation;

††††† (b) Cares for a child in the custody of the cabinet who is approved by cabinet staff as medically-fragile because of a:

††††† 1. Medical condition documented by a physician that may become unstable and change abruptly resulting in a life-threatening situation;

††††† 2. Chronic and progressive illness or medical condition;

††††† 3. Need for a special service or ongoing medical support; or

††††† 4. Health condition stable enough to be in a home setting only with monitoring by an attending:

††††† a. Health professional;

††††† b. Registered nurse as defined by KRS 314.011(5); or

††††† c. Licensed practical nurse as defined by KRS 314.011(9);

††††† (c) Is a primary caretaker who is not employed outside the home, except as approved by designated cabinet staff;

††††† (d) Unless meets an exception in subsection (2) of this section completes:

††††† 1. A medically-fragile curriculum approved by the cabinet; or

††††† 2. An additional:

††††† a. Twenty-four (24) hours of cabinet-sponsored training or training approved in advance by the cabinet, beyond the family preparation as required by Section 9 of this administrative regulation, in the areas of:

††††† (i) Growth and development;

††††† (ii) Nutrition;

††††† (iii) Medical disabilities; and

††††† (iv) Cardiopulmonary resuscitation, "CPR", and first aid; or

††††† b. Sixteen (16) hours of cabinet-sponsored training or training approved in advance by the cabinet, beyond the family preparation as required by Section 9 of this administrative regulation, if the resource parent holds a current certificate in cardiopulmonary resuscitation (CPR) and first aid;

††††† (e) Receives training from a health professional in how to care for the specific medically-fragile child who shall be placed;

††††† (f) Maintains current certification in:

††††† 1. CPR; and

††††† 2. First aid; and

††††† (g) Has a home within:

††††† 1. One (1) hour of a medical hospital with an emergency room; and

††††† 2. Thirty (30) minutes of a local medical facility.

††††† (2) Professional experience related to the care of a medically-fragile child may substitute for the training requirement specified in subsection (1)(d) of this section:

††††† (a) Upon the approval of designated cabinet staff; and

††††† (b) If the resource home parent is a:

††††† 1. Health professional;

††††† 2. Registered nurse as defined by KRS 314.011(5); or

††††† 3. Licensed practical nurse as defined by KRS 314.011(9).

††††† (3) Except for a sibling group or unless approved by designated cabinet staff, no more than four (4) children, including the resource home parentís own children, shall reside in a medically-fragile resource home.

††††† (4) Unless an exception is approved pursuant to Section 2(2) of this administrative regulation and a medically-fragile resource home has daily support staff to meet the needs of a medically-fragile child:

††††† (a) A one (1) parent medically-fragile resource home shall:

††††† 1. Not care for more than one (1) medically-fragile child; and

††††† 2. Demonstrate access to available support services; and

††††† (b) A two (2) parent medically-fragile resource home shall:

††††† 1. Not care for more than two (2) medically-fragile children; and

††††† 2. Demonstrate access to available support services.

††††† (5) Unless an exception pursuant to Section 2(2) of this administrative regulation is approved, a medically-fragile child shall be placed in an approved medically-fragile home.

††††† (6) Unless the resource home is closed, pursuant to Section 18 of this administrative regulation, an approved medically-fragile resource home parent shall receive annual reapproval by the cabinet as a medically-fragile resource home if the parent:

††††† (a) Annually completes, prior to the anniversary date of the original approval as a resource home:

††††† 1. Twenty-four (24) hours of ongoing cabinet-sponsored training or training approved in advance by the cabinet in the areas described in subsection (1)(d)2a of this section; or

††††† 2. Sixteen (16) hours of ongoing cabinet-sponsored training or training approved in advance by the cabinet, if the resource home parent maintains certification in CPR and first aid; and

††††† (b) Continues to meet the requirements of this section.

††††† (7) An approved medically-fragile resource home parent shall cooperate in carrying out the childís health plan.

 

††††† Section 7. Care Plus Resource Home. (1) An applicant shall be approved by cabinet staff as a care plus resource home parent if the resource home parent:

††††† (a) Meets the requirements of Sections 3 and 4 of this administrative regulation;

††††† (b) Cares for a child in the custody of the cabinet approved by cabinet staff as a care plus child because the child who:

††††† 1. Has an emotional or behavioral problem;

††††† 2. Is due to be released from a treatment facility;

††††† 3. Displays aggressive, destructive, or disruptive behavior;

††††† 4. Is at risk of being placed in a more restrictive setting;

††††† 5. Is at risk of institutionalization; or

††††† 6. Has experienced numerous placement failures;

††††† (c) Is a primary caretaker who is not employed outside the home, unless the cabinet determines that the child's needs continue to be met;

††††† (d) Completes and receives a certificate of completion for the twenty-four (24) hour care plus resource home training beyond the family preparation as required in Section 9 of this administrative regulation;

††††† (e) Maintains a daily record of the childís activities and behaviors; and

††††† (f) Attends all case planning conferences.

††††† (2) Unless an exception is approved pursuant to Section 2(2) of this administrative regulation and the care plus resource home has daily support staff to meet the needs of a child described in subsection (1)(b) of this section:

††††† (a) No more than four (4) children, including the resource home parentís own children, shall reside in a care plus resource home.

††††† (b)1. A one (1) parent care plus resource home shall:

††††† a. Not care for more than one (1) care plus child as described in subsection (1)(b) of this section; and

††††† b. Demonstrate access to available support services; and

††††† 2. A two (2) parent care plus resource home shall:

††††† a. Not care for more than two (2) care plus children as described in subsection (1)(b) of this section and, including the care plus resource home parentís own child; and

††††† b. Demonstrate access to available support services.

††††† (3) Unless the resource home is closed pursuant to Section 18 of this administrative regulation, an approved care plus resource home parent shall receive annual reapproval by the cabinet as a care plus resource home, if the parent:

††††† (a) Annually completes twenty-four (24) hours of ongoing cabinet-sponsored training or training approved in advance by the cabinet before the anniversary date of the original approval as a resource home; and

††††† (b) Submits to a review of the parent's:

††††† 1. Strengths and needs;

††††† 2. Records maintained on services provided to the child; and

††††† 3. Ability to meet the goals established for the child; and

††††† (c) Continues to meet the requirements of this section.

††††† (4) Professional experience related to the care of a child described in subsection (1)(b) of this section may substitute for the training requirement specified in subsection (3)(a) of this section, if the care plus resource parent is a qualified mental health professional as defined by KRS 202A.011(12).

 

††††† Section 8. Specialized Medically-fragile Resource Home. (1) An applicant shall be approved by cabinet staff as a specialized medically-fragile resource home if the applicant:

††††† (a) Meets the requirements in Sections 3 and 4 of this administrative regulation;

††††† (b) Cares for a child in the custody of the cabinet approved by cabinet staff as a specialized medically-fragile child;

††††† (c) Is a primary caretaker who is not employed outside the home, unless the cabinet determines that the child's needs continue to be met;

††††† (d) Completes:

††††† 1. A medically-fragile curriculum approved by the cabinet; or

††††† 2. An additional:

††††† a. Twenty-four (24) hours of cabinet-sponsored training or training approved in advance by the cabinet beyond the family preparation required in Section 9 of this administrative regulation, in the areas described in Section 6(1)(d)2a; or

††††† b. Sixteen (16) hours of cabinet-sponsored training or training approved in advance by the cabinet beyond the family preparation required in Section 9 of this administrative regulation, if the resource home parent maintains certification in CPR and first aid;

††††† (e) Receives individual documented training from a health professional or licensed practical nurse as defined by KRS 314.011(9) in how to care for the specific specialized medically-fragile child who shall be placed in the resource home;

††††† (f) Maintains current certification in:

††††† 1. CPR; and

††††† 2. First aid; and

††††† (g) Has a home within:

††††† 1. One (1) hour of a medical hospital with an emergency room; and

††††† 2. Thirty (30) minutes of a local medical facility.

††††† (2) Unless an exception is approved pursuant to Section 2(2) of this administrative regulation, no more than four (4) children, including the resource home parentís own children, shall reside in a specialized medically-fragile resource home.

††††† (3) Unless an exception is approved pursuant to Section 2(2) of this administrative regulation and a specialized medically-fragile resource home has daily support staff to meet the needs of a medically-fragile child:

††††† (a) A one (1) parent specialized medically-fragile resource home shall:

††††† 1. Not care for more than one (1) specialized medically-fragile child; and

††††† 2. Demonstrate access to available support services; and

††††† (b) A two (2) parent specialized medically-fragile resource home shall:

††††† 1. Not care for more than two (2) specialized medically-fragile children; and

††††† 2. Demonstrate access to available support services.

††††† (4) An approved specialized medically-fragile resource home parent shall receive annual reapproval as a specialized medically-fragile resource home if the parent:

††††† (a) Annually completes, prior to the anniversary date of the original approval as a resource home:

††††† 1. Twenty-four (24) hours of ongoing cabinet-sponsored training or training approved in advance by the cabinet in the areas described in Section 6(1)(d)2a of this administrative regulation; or

††††† 2. Sixteen (16) hours of ongoing cabinet-sponsored training or training approved in advance by the cabinet, if the resource home parent holds a current certificate in CPR and first aid; and

††††† (b) Continues to meet the requirements of this section.

††††† (5) Professional experience related to the care of a specialized medically-fragile child may substitute for the training requirement specified in subsection (1)(d) of this section, upon the approval of designated cabinet staff if the resource home parent is a:

††††† (a) Health professional;

††††† (b) Registered nurse as defined by KRS 314.011(5); or

††††† (c) Licensed practical nurse as defined by KRS 314.011(9).

††††† (6) An approved specialized medically-fragile resource home parent shall cooperate with the cabinet in carrying out the childís health plan.

 

††††† Section 9. Preparation and Selection of a Resource Home Parent. (1) The cabinet shall recruit a resource home and approve the resource home prior to the placement of a child.

††††† (2) A resource home applicant shall complete a:

††††† (a) Minimum of thirty (30) hours of initial family preparation; and

††††† (b) Curriculum approved by designated cabinet staff, including the following topics:

††††† 1. Orientation to the cabinetís resource home program;

††††† 2. An example of an actual experience from a resource home parent who has fostered a child; and

††††† 3. Information regarding:

††††† a. The stages of grief;

††††† b. Identification of the behavior linked to each stage of grief;

††††† c. The long-term effect of separation and loss on a child;

††††† d. Permanency planning for a child, including independent living services;

††††† e. The importance of attachment on the growth and development and how a child may maintain or develop a healthy attachment;

††††† f. Family functioning, values, and expectations of a foster home;

††††† g. Cultural competency;

††††† h. How a child comes into the care and custody of the cabinet, and the importance of achieving permanency;

††††† i. Types of maltreatment and experiences in foster care and adoption;

††††† j. The importance of birth family and culture and helping children leave foster care; and

††††† k. Identification of changes that may occur in the home if a placement occurs, to include:

††††† (i) Family adjustment and disruption;

††††† (ii) Identity issues;

††††† (iii) Discipline issues and child behavior management; and

††††† (iv) Specific requirements and responsibilities of a resource home parent.

††††† (3) Except for a cabinet-approved individualized preparation program, family preparation for placement of a child under the custodial control of the cabinet shall be completed in a group setting by each adult who resides in the household and provides care.

††††† (4) If a new adult moves into an approved resource home where a child is already placed by the cabinet, the child may remain and additional children may be placed, if the new adult:

††††† (a) Completes training in accordance with subsection (2) of this section within six (6) months of entering the home; and

††††† (b) Meets the requirements specified in Sections 3 and 4 of this administrative regulation.

††††† (5) An adult child or elderly person who resides in the resource home shall not be required to complete family preparation if that individual shall not be responsible for routine daily care of a child placed in the home by the cabinet.

††††† (6) The cabinet shall not be obligated to grant resource home approval or placement of a specific child to an individual or family that completes family preparation.

††††† (7) The purpose of family preparation shall be to:

††††† (a) Orient the applicant to the philosophy and process of the cabinetís family foster care or adoption programs;

††††† (b) Develop greater self-awareness on the part of the applicant to determine strengths and needs;

††††† (c) Sensitize the applicant to the kinds of situations, feelings, and reactions that are apt to occur with a child in the custody of the cabinet; and

††††† (d) Effect behavior so that an applicant may better fulfill the role as a resource home parent of a child.

††††† (8) The family preparation process shall emphasize:

††††† (a) Self-evaluation;

††††† (b) Participation in small group exercises; and

††††† (c) Discussion with experienced resource home parents.

††††† (9) In addition to completion of the family preparation curriculum, at least two (2) family consultations shall be conducted by cabinet staff in the home of an applicant, to include:

††††† (a) Documentation that the requirements in Sections 3 and 4 of this administrative regulation have been met;

††††† (b) Documentation that a personal interview with each member of the applicantís household has been completed;

††††† (c) Discussion of the attitude of each member of the applicantís household toward placement of a child;

††††† (d) Observation of the functioning of the applicant's household, including interpersonal relationships and patterns of interaction; and

††††† (e) Assurance that the applicant is willing to accept a childís relationship with the childís family of origin.

††††† (10) An applicant approved as a foster or adoptive parent or respite care provider by another state, or by a child-placing agency as described by KRS 199.011(7) shall:

††††† (a) Be assessed by cabinet staff to ascertain the applicant's level of skill as a potential Kentucky resource home parent;

††††† (b) Provide verification of the closure and a statement to indicate whether the closure was at the request of the resource home parent, the other state, or the agency; and

††††† (c) Not be required to complete the family preparation process for approval as a Kentucky resource home parent if cabinet staff:

††††† 1. Determine that the applicant possesses the necessary skills for fostering; and

††††† 2. Obtain records and recommendation from the other state or child-placing agency.

††††† (11) If cabinet staff determines that an applicant described in subsection (4) or (10) of this section lacks the necessary skills to become a resources home parent, an individualized preparation curriculum shall be developed to fulfill unmet training needs.

††††† (12)(a) A resource home parent shall request the recommendation of cabinet staff prior to enrolling in training specified in Section 5(1)(c), 6(1)(d), 7(1)(d), or 8(1)(d) of this administrative regulation; and

††††† (b) Cabinet staff may recommend the resource home parent to receive training specified in Section 5(1)(c), 6(1)(d), 7(1)(d), or 8(1)(d) of this administrative regulation if the resource home parent possesses the aptitude to care for a child described in Section:

††††† 1. Section 5(1)(b) of this administrative regulation;

††††† 2. 6(1)(b) of this administrative regulation;

††††† 3. 7(1)(b) of this administrative regulation; or

††††† 4. 8(1)(b) of this administrative regulation.

 

††††† Section 10. Completion of the Resource Home Approval Process. (1) Designated cabinet staff in a supervisory role shall approve a resource home applicant if:

††††† (a) The applicant provides written and signed information pertaining to family history and background;

††††† (b) The applicant completes family preparation as required by Section 9(2) of this administrative regulation;

††††† (c) The information required in Section 3(8) through (10) and (13) through (17) of this administrative regulation has been obtained;

††††† (d) Designated cabinet staff recommends approval; and

††††† (e) The applicantís ability to provide a foster, adoptive, or respite care service is consistent with the:

††††† 1. Cabinetís minimum resource home requirements established in this administrative regulation; and

††††† 2. Needs of the families and children served by the cabinet.

††††† (2) If the designated cabinet staff determines that an applicant does not meet the minimum requirements for approval as a resource home parent, the cabinet shall recommend that the applicant withdraw the request.

 

††††† Section 11. Denial of a Resource Home Request. (1) Designated cabinet staff shall notify an applicant, in writing, if the request to become a resource home parent is not recommended for one (1) of the following reasons:

††††† (a) The applicant is unwilling to withdraw the request to become a resource home parent after receiving a recommendation to withdraw; or

††††† (b) The applicant desires to adopt, but is unwilling to adopt a child under the custodial control of the cabinet.

††††† (2) If the resource home applicant disagrees with the cabinet's recommendation to not accept the applicant as a resource home, designated cabinet staff shall review the request to become a resource home parent and issue a final written determination regarding the cabinet's recommendation.

 

††††† Section 12. Expectations of Resource Homes Providing Foster Care Services. A resource home parent providing foster care services shall:

††††† (1) Provide a child placed by the cabinet with a family life, including:

††††† (a) Nutritious food;

††††† (b) Clothing comparable in quality and variety to that worn by other children with whom the child may associate;

††††† (c) Affection;

††††† (d) Training;

††††† (e) Recreational opportunities;

††††† (f) Educational opportunities;

††††† (g) Nonmedical transportation;

††††† (h) Independent living services, for a child age twelve (12) and older; and

††††† (i) Opportunities for development consistent with their religious, ethnic and cultural heritage;

††††† (2) Permit cabinet staff to visit;

††††† (3) Share with cabinet staff pertinent information about a child placed by the cabinet;

††††† (4) Comply with the general supervision and direction of the cabinet concerning the care of a child placed by the cabinet;

††††† (5) Report immediately to the cabinet if there is a:

††††† (a) Change of address;

††††† (b) Medical condition, accident or death of a child placed by the cabinet;

††††† (c) Change in the number of people living in the home;

††††† (d) Significant change in circumstances in the resource home, such as income loss, marital separation, or other household stressor;

††††† (e) An absence without official leave;

††††† (f) A suicide attempt; or

††††† (g) Criminal activity by the child requiring notification of law enforcement;

††††† (6) Notify the cabinet if:

††††† (a) Leaving the state with a child placed by the cabinet for more than two (2) nights; or

††††† (b) A child placed by the cabinet is to be absent from the resource home for more than three (3) days;

††††† (7) Cooperate with the cabinet if a contact is arranged by cabinet staff between a child placed by the cabinet and the childís birth family including:

††††† (a) Visits;

††††† (b) Telephone calls; or

††††† (c) Mail;

††††† (8) Surrender a child to the authorized representative of the cabinet upon request;

††††† (9) Keep confidential all personal or protected health information as shared by the cabinet, in accordance with KRS 194A.060, 620.050 and 45 C.F.R. Parts 160 and 164, concerning a child placed by the cabinet or the childís birth family;

††††† (10) Support an assessment of the service needs of a child placed by the cabinet;

††††† (11) Participate in case-planning conferences concerning a child placed by the cabinet;

††††† (12) Cooperate with the implementation of the permanency goal established for a child placed by the cabinet;

††††† (13) Notify the cabinet at least ten (10) calendar days in advance of the home becoming certified to provide foster care or adoption services through a private child-placing agency in accordance with 922 KAR 1:310;

††††† (14) Treat a child placed by the cabinet with dignity;

††††† (15) Arrange for respite care services in accordance with Section 13(5) of this administrative regulation;

††††† (16) Ensure that a child in the custody of the cabinet receives the childís designated per diem allowance;

††††† (17) Facilitate the delivery of medical care to a child placed by the cabinet as needed, including:

††††† (a) Administration of medication to the child and daily documentation of the medicationís administration; and

††††† (b) Annual physicals and examinations for the child; and

††††† (18) Report suspected incidents of child abuse, neglect, and exploitation in accordance with KRS 620.030.

 

††††† Section 13. Reimbursements for Resource Homes Providing Foster Care Services. (1) Types of per diem reimbursement. The cabinet shall approve a resource home as specified in Sections 3 and 4 of this administrative regulation and authorize a per diem reimbursement as follows:

††††† (a) A basic per diem reimbursement shall be:

††††† 1. Based on the age of a child placed by the cabinet in the resource home; and

††††† 2. Made to the resource home parent that:

††††† a. Does not meet criteria specified in paragraphs (b) through (j) of this subsection; and

††††† b. Meets annual training required in Section 15(1)(a) of this administrative regulation.

††††† (b) An advanced per diem reimbursement shall be:

††††† 1. Made to a resource home who:

††††† a. Has completed twenty-four (24) hours of advanced training, including training on child sexual abuse, beyond the family preparation, specified in Section 9(2) of this administrative regulation; and

††††† b. Completes twelve (12) hours of ongoing cabinet-sponsored training or cabinet-approved training each year; and

††††† 2. Based on the age of the child placed by the cabinet in the resource home.

††††† (c) An emergency shelter per diem reimbursement shall:

††††† 1. Be made to a resource home parent who:

††††† a. Meets criteria specified in Section 5 of this administrative regulation; and

††††† b. Cares for a child, described in Section 5(1)(b) of this administrative regulation, who is placed by the cabinet; and

††††† 2.a Be reimbursed for no more than fourteen (14) days, unless an extension is granted in accordance with Section 5(1)(b)2 of this administrative regulation; or

††††† b. After fourteen (14) days revert to:

††††† (i) A basic per diem reimbursement, described in paragraph (a) of this subsection; or

††††† (ii) An advanced per diem reimbursement, if the resource home foster parent meets training requirements specified in paragraph (b)1a and b of this subsection.

††††† (d) A basic medically-fragile per diem reimbursement shall be made to a resource home parent who:

††††† 1. Meets criteria specified in Section 6 of this administrative regulation;

††††† 2. Provides for the care of a medically-fragile child.

††††† (e) An advanced medically-fragile per diem reimbursement shall be made to a resource home parent who:

††††† 1. Meets criteria specified in Section 6 of this administrative regulation;

††††† 2. Maintains a current license as a licensed practical nurse in accordance with KRS 314.011(9);

††††† 3. Provides for the care of a medically-fragile child.

††††† (f) A degreed medically-fragile per diem reimbursement shall be made to a resource home parent who:

††††† 1. Meets criteria specified in Section 6 of this administrative regulation; and

††††† 2. Maintains a current license as a:

††††† a. Registered nurse in accordance with KRS 314.011(5); or

††††† b. Health professional; and

††††† 3. Provides for the care of a medically-fragile child.

††††† (g) A basic care plus resource home per diem reimbursement shall be made to a resource home parent who:

††††† 1. Meets criteria specified in Section 7 of this administrative regulation; and

††††† 2. Provides for the care of a child described in Section 7(1)(b) of this administrative regulation.

††††† (h) An advanced care plus resource home per diem reimbursement shall be made to a resource home parent who:

††††† 1. Meets criteria specified in Section 7 of this administrative regulation;

††††† 2. Has one (1) year of experience as a care plus resource home; and

††††† 3. Provides for the care of a child described in Section 7(1)(b) of this administrative regulation.

††††† (i) An advanced specialized medically-fragile per diem reimbursement shall be made to a resource home parent who:

††††† 1. Meets criteria specified in Section 8 of this administrative regulation;

††††† 2. Maintains a current license as a licensed practical nurse in accordance with KRS 314.011(9); and

††††† 3. Provides for the care of a specialized medically-fragile child.

††††† (j) A degreed specialized medically-fragile per diem reimbursement shall be made to a resource home parent who:

††††† 1. Maintains a current license as a:

††††† a. Licensed registered nurse in accordance with KRS 314.011(5); or

††††† b. Physician in accordance with KRS 311.720(9);

††††† 2. Meets criteria specified in Section 8 of this administrative regulation; and

††††† 3. Provides for the care of a specialized medically-fragile child.

††††† (k) Upon placement of a child by the cabinet, a per diem reimbursement shall:

††††† 1. Be specified in a contract between an approved resource foster home and the cabinet; and

††††† 2. Provide for the care of a child placed by the cabinet, to include:

††††† a. Housing expenses;

††††† b. Food-related expenses;

††††† c. Nonmedical transportation;

††††† d. Clothing;

††††† e. Allowance;

††††† f. Incidentals;

††††† g. Babysitting, excluding childcare authorized in subsection (4)(b) of this section;

††††† h. Sports, recreation and school activities;

††††† i. One (1) day of respite care per child per month; and

††††† j. School expenses.

††††† (2) Medical coverage.

††††† (a) Cabinet staff may authorize payment for medical expenses for a child in the custody of the cabinet after verification is provided that the child is not covered by health insurance, Medicaid or the Kentucky Childrenís Health Insurance Program ("K-CHIP").

††††† (b) Designated cabinet staff shall approve authorization of payment for a medical treatment greater than $500.

††††† (3) Child care services.

††††† (a) The cabinet shall review requests for child care services every six (6) months for a working resource home parent who provides foster care services.

††††† (b) Designated cabinet staff may approve requests for child care services for a nonworking resource home parent who provides foster care services:

††††† 1. If a medical crisis affects the resource home parent; or

††††† 2. To allow for an adjustment period for the child.

††††† (c) Designated cabinet staff shall review approved requests for child care services for a nonworking resource home parent every three (3) months.

††††† (4) Training. To the extent funds are available and in accordance with Section 15(4) of this administrative regulation, the cabinet shall provide a reimbursement to an approved resource home that provides foster care services for ongoing training expenses commensurate with the resource home parentís training needs, including:

††††† (a) Mileage;

††††† (b) Babysitting; and

††††† (c) Tuition or fees.

††††† (5) Respite care.

††††† (a) Except for a child in an emergency shelter resource home, respite care shall be available for a child placed by the cabinet in a resource home that provides foster care services.

††††† (b) A resource home that provides foster care services shall be eligible for one (1) day of respite care per month per child.

††††† (c) A resource home that cares for a child in the custody of the cabinet and meets criteria established in Sections 6 through 8 of this administrative regulation shall be eligible for three (3) days of respite care per month per child.

††††† (d) Designated cabinet staff may extend respite care up to fourteen (14) days, if designated cabinet staff document that the:

††††† 1. Resource home parent requires the additional respite care:

††††† a. To stabilize the childís placement in the resource home that provides foster care services; or

††††† b. Due to unforeseen circumstances that may occur, such as:

††††† (i) Death in the family;

††††† (ii) Surgery; or

††††† (iii) Illness; or

††††† 2. Child placed in the resource home requires additional respite care to allow for a period of adjustment.

††††† (e) The cost of respite care shall not exceed the per diem for the child.

††††† (f) A respite care provider shall be approved in accordance with Section 21 of this administrative regulation.

††††† (6) Appeals. A resource home parent may appeal the timeliness of reimbursement in accordance with 922 KAR 1:320.

 

††††† Section 14. Home Study Requests. (1) Upon receipt of a request from another stateís Interstate Compact on the Placement of Children Administrator in the interest of a child in the legal custody of that stateís public agency, the cabinet shall complete a home study as specified in 922 KAR 1:010, Section 7.

††††† (2) The cabinet shall share a previously approved home study in accordance with the Kentucky Open Records Act, KRS 61.870-61.884 and 42 U.S.C. 671(a)(23).

††††† (3) An individual may request an administrative hearing in accordance with 922 KAR 1:320 for failure of the cabinet to act in accordance with subsections (1) and (2) of this section.

 

††††† Section 15. Annual Resource Home Training Requirement. (1) Before the anniversary date of the original approval as a resource home, A resource home parent shall be required to complete:

††††† (a) at least six (6) hours of annual cabinet-sponsored training or training approved in advance by the cabinet; and

††††† (b) Training necessary to obtain certifications required by Sections 6(1)(f) and 8(1)(f) of this administrative regulation shall count towards the annual training requirement.

††††† (2) An individualized curriculum may be developed for a resource home parent who is unable to participate in annual group training because of employment or other circumstances.

††††† (3)(a) Except for a resource home parent with whom a child has developed a significant emotional attachment and is approved by designated cabinet staff, the resource home whose parent fails to meet the annual training requirement shall be closed.

††††† (b) Additional children shall not be placed in the home until the training requirement has been satisfactorily met.

††††† (4) To the extent that funds are available, designated cabinet staff shall approve reimbursement for a resource home parent who has a child placed in their home under the custody and control of the cabinet and is participating in ongoing cabinet-sponsored or cabinet-approved training for the following expenses:

††††† (a) Mileage;

††††† (b) Babysitting; and

††††† (c) Tuition or fees up to the amount of:

††††† 1. $100 per family per year; or

††††† 2. $200 per family per year for a:

††††† a. Medically-fragile resource home;

††††† b. Specialized medically-fragile resource home; or

††††† c. Care plus resource home.

††††† (5) Training hours required by Sections 6(6)(a), 7(3)(a), and 8(4)(a) of this administrative regulation may be used by the cabinet to reapprove the resource home for more than one (1) type of resource home.

 

††††† Section 16. Resource Home Annual Reevaluation. (1) A cabinet staff member shall conduct a personal, in-home interview with a resource home parent before the anniversary date of the original approval as a resource home. The interviewer shall assess:

††††† (a) Any change in the resource home;

††††† (b) The ability of the resource home parent to meet the needs of a child placed in the home; and

††††† (c) Continuing compliance with the requirements of Sections 3 and 4 of this administrative regulation.

††††† (2) The interviewer shall complete a DPP-1289, Annual Strengths/Needs Assessment for Resource Families, during the interview.

 

††††† Section 17. Resource Home Reviews. (1) Upon notification of a factor that may place unusual stress on the resource home or create a situation that may place a child at risk, cabinet staff shall:

††††† (a) Immediately asses the health and safety risk of the child; and

††††† (b) Complete a review of the resource home within thirty (30) calendar days.

††††† (2) Factors that shall result in a review of a resource home shall include:

††††† (a) Death or disability of a family member;

††††† (b) Sudden onset of a health condition that would impair a resource home parentís ability to care for a child placed in the home by the cabinet;

††††† (c) Change in marital status;

††††† (d) Sudden, substantial decrease in, or loss of, income;

††††† (e) Childbirth;

††††† (f) Use of a form of punishment that includes:

††††† 1. Cruel, severe, or humiliating actions;

††††† 2. Corporal punishment inflicted in any manner;

††††† 3. Denial of food, clothing, or shelter;

††††† 4. Withholding implementation of the childís treatment plan;

††††† 5. Denial of visits, telephone or mail contacts with family members, unless authorized by a court of competent jurisdiction; and

††††† 6. Assignment of extremely strenuous exercise or work;

††††† (g) A report of abuse, neglect, or dependency that results in a finding that:

††††† 1. Is substantiated; or

††††† 2. Reveals concern relating to the health, safety, and well-being of the child;

††††† (h) If the resource home parent is cited with, charged with, or arrested due to a violation of law other than a minor traffic offense; or

††††† (i) Other factor identified by cabinet staff that jeopardizes the physical, mental, or emotional well being of the child.

††††† (3) The narrative of the review shall contain:

††††† (a) Identifying information;

††††† (b) Current composition of the household;

††††† (c) Description of the situation that initiated the review;

††††† (d) An evaluation of the resource home's family functioning to determine if the child's needs are met; and

††††† (e) A plan for corrective action that may include a recommendation for closure of the resource home.

 

††††† Section 18. Closure of an Approved Resource Home. (1) A resource home shall be closed if:

††††† (a) Cabinet staff determines that the family does not meet the general requirements, as specified in Sections 3 and 4 of this administrative regulation, for a resource home;

††††† (b) A situation exists that is not in the best interest of a child;

††††† (c) Sexual abuse or exploitation by the resource home parent or by another resident of the resource home is substantiated;

††††† (d) Substantiated child abuse or neglect by a resident of the household occurs that is serious in nature or warrants removal of a child;

††††† (e) A serious physical or mental illness develops that may impair or preclude adequate care of the child by the resource home parent; or

††††† (f) The cabinet has not placed a child in the home within the preceding two (2) year period.

††††† (2) A resource home may be closed according to the terms of the contract between the cabinet and the resource home.

††††† (3) If it is necessary to close an approved resource home, the reason shall be stated by cabinet staff in a personal interview with the family.

††††† (4) The cabinet shall confirm, in a written notice to the resource home parent, the decision to close a home. The notice shall be delivered within thirty (30) calendar days of the interview with a resource home parent.

††††† (5) The written notice for closure of a resource home shall include:

††††† (a) Notice that the cabinet shall not place a child in the home; and

††††† (b) The reason why the resource home is being closed.

 

††††† Section 19. Reapplication. (1) A former resource home parent whose home was closed pursuant to Section 18(1)(a) through (f) of this administrative regulation may be considered for reapproval if the cause of closure has been resolved.

††††† (2) To reapply, a former resource home parent shall:

††††† (a) Attend an informational meeting; and

††††† (b) Submit the:

††††† 1. Names of references specified in Section 3(13) of this administrative regulation; and

††††† 2. Authorization for criminal records release specified in Section 3(17) of this administrative regulation.

††††† (3) A reapplying former resource home parent shall reenroll and complete family preparation, as specified in Section 9 of this administrative regulation, unless the former resource home parent:

††††† (a) Has previously completed family preparation, as specified in Section 9(2) of this administrative regulation; and

††††† (b) Is considered a placement resource for children.

††††† (4) An adoptive family may be reconsidered for adoptive placement pursuant to 922 KAR 1:100, Section 9.

 

††††† Section 20. Resource Home Parent Adoption. (1) A resource home parent may adopt a child for whom parental rights have been terminated if:

††††† (a) Resource home parent adoption is determined by cabinet staff to be in the best interest of the child;

††††† (b) The child resides in the resource home; and

††††† (c) Criteria in 922 KAR 1:100 are met.

††††† (2) If a resource home parent expresses interest in adopting a foster child currently placed in the home and an alternative permanent placement is in the childís best interest, cabinet staff shall meet with the resource home parent prior to selection of an adoptive home to explain:

††††† (a) Why an alternative permanent placement is in the childís best interest; and

††††† (b) The resource home parentís right to submit a request to the cabinet to reconsider the recommendation.

††††† (3) If a resource home parent is not approved for adoptive placement of a child currently placed in the home, cabinet staff shall meet with the resource home parent to explain the reason that the resource home parent adoption is not in the best interest of the foster child.

 

††††† Section 21. Requirements for Respite Care Providers. (1) A respite care provider shall:

††††† (a) Be:

††††† 1. An approved resource home; or

††††† 2. Approved in accordance with subsection (2) of this section; and

††††† (b) Receive preparation for placement of a child, including information in accordance with:

††††† 1. KRS 605.090(1)(b); and

††††† 2.a. Section 6(1)(e) through (g) of this administrative regulation, if the child is a medically-fragile child; or

††††† b. Section 8(1)(e) through (g) of this administrative regulation, if the child is a specialized medically-fragile child.

††††† (2) If a resource home parent chooses a respite care provider who is not an approved resource home, the respite care provider shall:

††††† (a)1. Meet criteria established in Sections 3(1), (2), (17), (18) and 4 of this administrative regulation if respite care is provided outside the home of the resource home parent; or

††††† 2. Meet criteria established in Section 3(1), (2), (17), and (18) of this administrative regulation if respite care is provided inside the home of the resource home parent; and

††††† (b)1. If providing respite care for a child described in Section 7(1)(b) of this administrative regulation, have:

††††† a. Professional experience or training in the mental health treatment of children or their families; or

††††† b. A certificate of completion for twenty-four (24) hours of care plus training provided by the cabinet or approved in advance by the cabinet;

††††† 2. If providing respite care for a medically-fragile child:

††††† a.(i) Meet training requirements specified in Section 6 of this administrative regulation; or

††††† (ii) Be a health professional; and

††††† b. Undergo health screenings as specified in Section 3(8) and (9) of this administrative regulation; or

††††† 3. If providing respite care for a specialized medically-fragile child:

††††† a. Be a health professional; and

††††† b. Undergo health screenings as specified in Section 3(8) and (9) of this administrative regulation.

††††† (3) A respite care provider:

††††† (a) May attend family preparation as specified in Section 9 of this administrative regulation;

††††† (b) If the respite care provider is caring for a medically-fragile or specialized medically-fragile child, shall receive training to meet the specific needs of the child from a health professional or a resource home parent trained by a health professional in how to care for the child; and

††††† (c) Shall comply with Section 2 of this administrative regulation.

 

††††† Section 22. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "DPP-107, Health Information Required for Resource Home Applicants or Adult Household Members, edition 02/08";

††††† (b) "DPP-108, Health Information Required for Resource Home Applicants Regarding Dependent Children, edition 02/08";

††††† (c) "DPP-112A, Placement Exception Request, edition 02/08";

††††† (d) "DPP-112B, Placement Exception Plan, edition 02/08"; and

††††† (e) "DPP-1289, Annual Strengths/Needs Assessment for Resource Families, edition 6/06".

††††† (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. (19 Ky.R. 1278; Am. 1570; eff. 12-16-92; Recodified from 905 KAR 1:350, 10-30-98; 26 Ky.R. 2090; 27 Ky.R. 177; 543; eff. 8-14-2000; 30 Ky.R. 1688; 2086; 2476; eff. 6-16-04; 32 Ky.R. 1943; 33 Ky.R. 149; 435; eff. 9-1-06; 34 Ky.R. 1884; 2290; eff. 5-2-2008; TAm eff. 2-22-2010; TAm. eff. 8-24-2010.)