922 KAR 1:430. Child protective services in-home case planning and service delivery.

 

      RELATES TO: KRS 600.010, 600.020, 605.130, 620.050(3)

      STATUTORY AUTHORITY: KRS 194A.050(1), 605.150(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 194B.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 for Health and Family Services. This administrative regulation establishes cabinet procedures for delivery of ongoing in-home case planning and service delivery for child protection cases of abuse, neglect, or dependency, in compliance with KRS 605.130.

 

      Section 1. Definitions. (1) "Cabinet" is defined at KRS 600.020(6).

      (2) "Case planning" means a process where the cabinet works with the family and other involved parties to identify conditions within a family which may cause the threat of harm to a child and that need to be changed, and the services necessary to bring about familial changes in order to facilitate a child’s safety and well being in the home environment.

      (3) "Permanency goals" are described at 922 KAR 1:140, Section 4.

      (4) "Prevention plan" means a set of specific strategies and behaviors the family or individual intends to practice in order to prevent reoccurrence of an abusive or neglectful situation.

 

      Section 2. In-Home Case Planning. (1) If the cabinet has determined that a child shall remain in the home, the cabinet shall review the results of the investigation, or of the family in need of services assessment conducted pursuant to 922 KAR 1:330, Section 3(12)(a)1 and 2, to include:

      (a) Reviewing the case history;

      (b) Initiating contact with a family;

      (c) Completing a P&P-1282, Family Case Plan, with input from the family and community supports, if parents agree pursuant to 922 KAR 1:140, Sections 3 and 5; and

      (d) Completing a CPS prevention plan, if indicated, with input from family and community supports.

      (2) The Continuous Quality Assessment (CQA) shall be completed or reviewed in accordance with 922 KAR 1:330, Section 3(8).

      (3) The CQA shall be completed at least every six (6) months prior to each periodic case plan.

      (4) A DCBS-154, Protection and Permanency Service Appeal Request, shall be mailed or hand delivered to a family, advising them of the right to a fair hearing in accordance with 922 KAR 1:320.

 

      Section 3. Service Delivery Plan. (1) If a case plan is required, a service delivery plan shall be provided as specified in a family’s case plan. A service delivery plan shall encompass:

      (a) Identified expectations of a family and the cabinet; and

      (b) Initiating linkage to community resources.

      (2) If a child continues to reside in the home of a parent or guardian, the cabinet shall make a monthly in-home, face-to-face visit with the family and child to:

      (a) Observe the interaction between parent, child and siblings;

      (b) Determine the appropriateness of interactions;

      (c) Determine if parenting skills need improvement; and

      (d) Identify the protective capacity of the parent.

      (3) If the home environment was indicated as an issue in the case plan, an in-home visit to assess the home shall be conducted.

 

      Section 4. Case Closure and Aftercare Planning. (1) A CQA shall be completed before an in-home case is closed.

      (2) The decision to close a child protective services assessment or case shall be based on documentation that the original factors resulting in abuse, neglect or dependency, or the risk of the abuse, neglect or dependency, has been resolved to the extent that the parent or guardian is able to:

      (a) Protect the child; and

      (b) Meet the needs of the child.

      (3) Consideration for closure of a child protective service case may occur if the following conditions are met:

      (a) The child is no longer in need of protection; and

      (b) The case planning or permanency goals have been achieved.

      (4) The family shall be:

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

      (b) Given a DCBS-154, Protection and Permanency Service Appeal Request, in person or by certified mail, advising of the right to a fair hearing in compliance with 922 KAR 1:320, Section 2.

      (5) If it is determined that a protective services case is appropriate for closure, the cabinet shall work with the family to develop an aftercare plan by:

      (a) Linking the family to community resources;

      (b) Continuing preventative measures; and

      (c) Instructing the family in how to use the aftercare plan.

      (6) The focus of the aftercare plan shall be to prevent a reoccurrence of abuse, neglect or dependency.

 

      Section 5. Incorporation by Reference. (1) "Prevention Plan", edition 11/00, is incorporated by reference.

      (2) This material made 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. (27 Ky.R. 2022; Am. 3120; eff. 5-14-2001; TAm. eff. 8-24-2010; TAm. eff. 7-5-2012.)