922 KAR 1:400. Supportive services.

922 KAR 1:400. Supportive services.

RELATES TO: KRS 199.011(4), 205.2003(3), 205.703, 209.020(2), 610.110(6), 45 C.F.R. Parts 260-265, 42 U.S.C. 601-679b

STATUTORY AUTHORITY: KRS 194A.050(1), 605.130(4), 605.150, 2006 Ky. Acts ch. 252, Part 1, H.10(9)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) authorizes the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill responsibilities vested in the cabinet. KRS 605.150 authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605, including KRS 605.130(4), which authorizes the cabinet to perform services, to a youth currently or formerly in foster care, necessary for the protection of children. 2006 Ky. Acts Ch. 252 Part 1, H.10(9) requires the cabinet to promulgate an administrative regulation to implement the Foster Youth Transitional Assistance Program. This administrative regulation establishes standards for provision of supportive services to a family receiving ongoing case management services or to safely maintain a child in his or her home through the cabinet, to the extent funds are available.

Section 1. Definitions. (1) "Cabinet" is defined by KRS 209.020(2).

(2) "Child" is defined by KRS 199.011(4) and as extended by KRS 610.110(6).

(3) "Intensive family-based support services" means the goal of keeping the family united or if removal of a child is necessary, placing the child in the least restrictive setting consistent with his or her individual needs.

(4) "Kentucky Transitional Assistance Program" or "K-TAP" means Kentucky’s Temporary Assistance for Needy Families Program, a money payment program for a child who is deprived of parental support or care, as described at 921 KAR 2:006, Section 1(9).

(5) "Kentucky Works" means a program that assists a:

(a) Recipient of K-TAP in obtaining education, training, experience and employment necessary to leave public assistance; or

(b) Former K-TAP recipient with job retention service.

(6) "Paraprofessional attendant" means a person with a high school diploma or bachelor's degree and training related to the services he or she provides, under the supervision of a licensed professional.

(7) "Preventative assistance" means a service to provide emergency funds to a family during crisis.

(8) “Rehabilitative services” means medical or remedial services recommended by a physician or other licensed practitioner of the healing arts, within the scope of his or her practice under state law, for maximum reduction of physical or mental disability and restoration of a recipient to his or her best possible functional level.

(9) "Safety net services" means:

(a) A short-term intervention or maintenance service to help an individual or family develop and maintain skills and abilities to prevent out-of-home placement for a child in that family; or

(b) Monetary benefits to assist in maintaining self-sufficiency.

(10) "Targeted case management" means a set of activities which assist an individual in accessing needed medical, social, educational, and other support services.

(11) "Youth" means a person age eighteen (18) through twenty-three (23) years inclusive.

Section 2. Child Care Services. The cabinet may refer an individual or family for child care services pursuant to 922 KAR 2:160 if the individual or family:

(1) Makes a request for assistance for child care expenses;

(2) Needs child care for protection or prevention of child abuse, neglect or exploitation; or

(3) Needs child care for a child of a teen parent attending high school.

Section 3. Child Support Service. The cabinet may make a referral for child support services, by means of the process described at 921 KAR 1:380, Section 2, on behalf of a child entering out-of-home care through a:

(1) Voluntary commitment agreement; or

(2) Court order assigning legal responsibility for the child to the cabinet.

Section 4. Intensive Family-based Support Services. (1) Intensive family-based support services shall be provided through a contractual agreement, for the purpose of:

(a) Stabilizing a child in the child's own home or foster home;

(b) Preventing further hospitalization or institutionalization; and

(2) An intensive family-based support service may be provided to a child with one (1) or more of the following:

(a) Mental retardation or developmental disability;

(b) Emotional or behavioral disturbance;

(d) Risk of institutionalization; or

(e) Need for aftercare services following release from an institution or other highly structured setting.

(3) Except for the assessment and discharge planning, intensive family-based support services shall not start while a child is in a hospital or an institution.

(4) Intensive family-based support services shall be available to a family with a child living in a:

(a) Biological home;

(b) Foster home; or

(5) The cabinet may make a referral for intensive family-based support services which may include the following:

(a) A comprehensive assessment, to include:

1. Review of medical, psychiatric, social and educational assessments conducted within the last twelve (12) months; and

2. An in-home assessment;

(b) If appropriate, discharge planning provided through the service provider’s involvement with a foster or biological family, the child and the hospital or institution to ensure:

1. A coordinated approach upon discharge; and

2. That communication is clear regarding behaviors, goals, and recommended interventions;

(c) Planned support services provided to assist with routine day-to-day activity that is crucial to stabilization of a child within the family unit;

(d) Family intervention services such as behavioral and family counseling to assist a child and family in:

1. Identifying and resolving issues underlying the dysfunctional behaviors within a family; or

2. Eliminating barriers to change;

(e) Respite care services provided to allow a biological or a foster parent relief for a designated period of time from the stress of caring for an emotionally disturbed or physically disabled child or to allow time to attend to other needs;

(f) A paraprofessional attendant to provide direct in-home services to a child, or a biological or foster parent, as identified in the case plan;

(g) Purchase of care in an alternate living unit, as a component of an intensive family-based support services contract;

(h) Art or music therapy from a qualified professional;

(i) Educational consultation and support;

(j) Crisis intervention;

(k) Skill development; or

(l) Other service identified in the case plan.

(6) The type, frequency, intensity and duration of services shall be determined according to each individual situation.

(7) A family case plan shall be developed to address:

(a) Family strengths and needs;

(b) Goals, objectives, and tasks;

(d) Anticipated outcomes.

Section 5. Safety Net Services. (1) Safety net services shall be provided for a former K-TAP recipient who:

(a) Has total income at or below 200 percent of federal poverty level; and

(b) Is no longer eligible for K-TAP benefits due to:

1. Failure to comply with Kentucky Works requirements of 921 KAR 2:370, Section 7(2)(b); or

2. Reaching benefit time limitations established at 921 KAR 2:006, Section 20.

(2) A safety net service shall include contact with the family and may address the following:

(a) Assistance to the individual or family to identify the problem and resources available to improve the situation;

(b) Linkage to the appropriate resources; or

1. Fuel shortage;

2. Utility shutoff;

3. Insufficient food, clothing, housing, or employment; or

4. Response to an inquiry regarding the family situation.

(3)(a) The cabinet may authorize fund distribution to an appropriate vendor, in order to provide for a family's safety net services.

(b) Up to a total of $635 may be paid over a period of four (4) months during a twelve (12) month period.

Section 6. Medicaid Services. (1) Rehabilitative services shall be provided to a Medicaid-eligible child under the age of twenty-one (21) who meets the Department for Community Based Services' conditions and circumstances as a child in the custody of, or under the supervision of, or at risk of being in the custody of, the cabinet.

(2) Targeted case management services shall be provided to a Medicaid-eligible individual in accordance with 907 KAR 3:020, Section 3(1).

Section 7. Preventative Assistance. (1) Preventative assistance services shall be provided in order to:

(a) Assist an individual who is identified at-risk and is in need of protective services intervention;

(b) Prevent the removal of a child from his or her home; or

(2) Preventative funds may be utilized for:

(a) Shelter;

(b) Food;

(d) Utilities; or

(e) Other necessary services.

(3) The cabinet may authorize up to $500 in a state fiscal year to the appropriate vendor for a family.

Section 8. K-TAP Determination for Domestic Violence Victims. If a report of alleged domestic violence is made the cabinet shall:

(1) Attempt to arrange a face-to-face interview with the alleged victim to conduct an assessment or investigation, according to the procedure established at 921 KAR 2:006, Section 24, and, if necessary, shall offer protective and general adult services; and

(2) Upon completion of the assessment or investigation, provide information to K-TAP whether the reported victim:

(a) Is in a domestic violence situation; and

(b) Has agreed to services.

Section 9. Assessment of Minor Teenage Parents. (1) If a determination is made that a minor teenage parent is an applicant or recipient of K-TAP and is not living with an adult or legal guardian, the minor teenage parent shall be referred for an assessment of his safety, including assistance with an alternative living arrangement if necessary.

(2) The cabinet shall:

(a) Conduct a face-to-face contact with the minor teenager's parent and the minor parent's child;

(b) Conduct a face-to-face interview with the minor parent in order to assess the minor parent's current situation and the safety issues for the minor teenage parent and child;

(d) Refer the family to the appropriate services; and

(e) Provide the following to the Division of Family Support:

1. Identification of safety issues;

2. A recommendation regarding opening a protective or preventive services case on the family; and

3. Services to which the minor teenage parent has been referred.

Section 10. Foster Youth Transitional Assistance (FYTA). (1) In accordance with 2006 Ky. Acts ch. 252, Part 1, H.10, grants or vouchers from the Foster Youth Transitional Assistance program shall be provided to a youth who:

(a) Was in foster care on the youth's eighteenth birthday;

(b)1. Is currently in foster care; or

2. Was formerly in foster care; and

1. Currently working;

2. Currently working and attending a community:

college; or

3. Currently working and attending a four (4) year college or university.

(2) A recipient in the FYTA program shall submit documentation of program eligibility under paragraph (c) of this section to the cabinet monthly.

(3) A youth shall utilize funds for transitional assistance into independence for the following:

(a) Housing;

(b) Clothing;

(d) Tuition;

(e) Medical services;

(f) Dental services; or

(g) Other expenses that the cabinet may authorize for the youth.

(4) For each state fiscal year, the cabinet may authorize:

(a) Up to $7,500 per working youth; or

(b) Up to $10,000 per working youth also attending a:

1. Community college; or

2. Four (4) year college or university. (27 Ky.R. 649; Am. 1021; eff. 10-16-2000; 28 Ky.R. 490; 898; eff. 9-25-2001; 33 Ky.R. 1460; 2339; 2977; eff. 4-6-07.)