††††† 922 KAR 5:050. Funding requirements for domestic violence shelters.
††††† RELATES TO: KRS 205.455(4), 209.030(9), 209.160(1), (2), 209A.010-080, 45 C.F.R. 74, 92
††††† STATUTORY AUTHORITY: KRS 194A.050(1), 209.030(1), (9), 209.160(1), (2), 209A.030(1)
††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to formulate all administrative regulations necessary under applicable state laws to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of the individual citizens of the commonwealth and necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 209.160(1) creates a trust and agency account to receive funds from the issuance of marriage licenses, and requires the cabinet to use these funds to provide protective shelter services for domestic violence victims. KRS 209.030(1) requires the cabinet to promulgate administrative regulations to effect the purposes of KRS Chapter 209 governing protective services to adults; and KRS 209A.030(1) requires the secretary to promulgate administrative regulations to effect the purposes of KRS Chapter 209A governing the protective services to victims of domestic violence. This administrative regulation establishes the requirements necessary for domestic violence shelters to receive funding.
††††† Section 1. Definitions. (1) "Agency" means a private or public nonprofit incorporated organization, or organization in the process of obtaining nonprofit status:
††††† (a) That has the capacity to provide domestic violence shelter and related services to a client; and
††††† (b) With whom the cabinet or its designee contracts for services.
††††† (2) "Annual plan and budget" means the annual application for funding submitted to the cabinet or its designee by each domestic violence shelter.
††††† (3) "Cabinet" means Cabinet for Health and Family Services.
††††† (4) "Cash" means nonstate money or funds given to the agency:
††††† (a) For use in the domestic violence shelter program; and
††††† (b) Not for use as a match with other grants or contracts.
††††† (5) "Certified expenditures" mean nonstate cash expenditures incurred by an agency if expenditures are:
††††† (a) Determined to be allowable, reasonable and necessary under federal, state, and local laws, including KRS 209.160, and 45 C.F.R. Parts 74 and 92, where applicable; and
††††† (b) Not used to match another grant or contract.
††††† (6) "Client" means a:
††††† (a) Domestic violence victim; and
††††† (b) Dependent child of the domestic violence victim.
††††† (7) "District" is defined by KRS 205.455(4).
††††† (8) "In-kind contributions" means property or services which:
††††† (a) Directly benefit the services purchased;
††††† (b) Are contributed by the agency or a third party without expenditure by the agency; and
††††† (c) Are an allowable, reasonable and necessary cost in compliance with federal, state, and local law, including KRS 209.160, and 45 C.F.R. Parts 74 and 92, where applicable, if purchased by the agency.
††††† (9) "Match" means locally generated funds or expenditures as required to obtain state funding in the form of:
††††† (a) Certified expenditures;
††††† (b) In-kind contributions; or
††††† (c) Cash provided by an agency.
††††† (10) "service provider" means the agency within each area development district, designated by the cabinet or its designee as the focal point of service delivery for domestic violence shelter and related services.
††††† Section 2. General Funds. The cabinet or its designee shall annually allocate appropriated general funds to cabinet-approved service providers for the operation of domestic violence.
††††† Section 3. Service Provider. (1)(a) The cabinet or its designee shall approve one (1) service provider for each area development district to receive an allocation of general funds in accordance with KRS 209.160(2).
††††† (b) The approval shall be in effect unless rescinded following a review of the agency's performance and its annual plan and budget proposal for the upcoming year.
††††† (2)(a) The cabinet or its designee shall select a service provider after a determination that the service provider meets the standards set forth in 922 KAR 5:040.
††††† (b) Each selected agency shall submit a properly executed annual plan and budget proposal which shall indicate each agency's capacity to provide domestic violence shelter and other related services for a client.
††††† (c) The application for funding shall:
††††† 1. Specify the type and kind of services the provider proposes to perform, either as a provider or under subcontract;
††††† 2. Detail fiscal considerations;
††††† 3. Assure that the agency and subcontractors shall comply with applicable federal and state laws, including KRS Chapters 209, 209A, and 45 C.F.R. Parts 74 and 92, where applicable; and
††††† 4. Include a commitment to provide outreach services in counties of the area development district in which it is located.
††††† (3)(a) Each service provider shall provide funds at the rate of twenty-five (25) percent local match to seventy-five (75) percent state general fund dollars.
††††† (b) Of the required local match, five (5) percent shall be cash and the remainder may be provided in a combination of cash, certified expenditures, or in-kind contributions.
††††† (c) Certified expenditures may be:
††††† 1. Incurred by the service provider; or
††††† 2. Certified on behalf of the service provider by a third party.
††††† (d) A match shall not be provided by a state funded domestic violence program to or on behalf of another domestic violence contractor.
††††† (e) A service provider may be subject to disallowances and reimbursement to the cabinet if the required local match is not documented by the provider.
††††† (4)(a) The cabinet or its designee shall allocate general funds to the service provider in each area development district.
††††† (b) The service provider:
††††† 1. Shall be limited to providing services to the area development district where the service provider is located; and
††††† 2. May provide services to a client of another area development district if:
††††† a. Shelter space or services are available for an additional client of another area development district; or
††††† b. An emergency situation, such as a temporary closure of another area development districtís domestic violence shelter, exists.
††††† Section 4. Trust and Agency Funds. (1) The cabinet or its designee shall:
††††† (a) Designate an agency as a service provider to receive trust and agency funds from the account created in KRS 209.160(1);
††††† (b) Allocate trust and agency funds among each designated service provider at the amount approved by the cabinet or its designee for each designated service provider in accordance with the provider's approved plan and budget; and
††††† (c) Require unencumbered funds to be returned to the cabinet if there is a change in the designated service provider.
††††† (2) The cabinet or its designee may:
††††† (a) Hold trust and agency funds allocated to a service provider at the beginning of each fiscal year which are not expended, to be expended by the same service provider the following year in accordance with the approved annual plan and budget; or
††††† (b) Assign unencumbered funds returned from a designated service provider to a new designated service provider. (12 Ky.R. 1200; eff. 2-4-86; Am. 13 Ky.R. 1784; 2009; eff. 5-14-87; 15 Ky.R. 1950; eff. 3-15-89; 20 Ky.R. 2447; 2861; eff. 3-23-94; Recodified from 905 KAR 5:050, 10-30-98; 32 Ky.R. 789; 1120; eff. 1-6-2006.)