922 KAR 1:310. Standards for child-placing agencies.

CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Policy Development

922 KAR 1:310. Standards for child-placing agencies.

RELATES TO: KRS 17.165, 158.135(1)(c), 194B.060, 199.011, 199.430(3), 199.470, 199.492, 199.493, 199.510, 199.520, 199.570, 199.572, 199.590, 199.640, 199.645, 199.650 to 199.670, 202A.011(12), 202B.010(12), 216.300, 273.161(7), 311.720(9), 311.840(3), 314.011(5), (7), (9), 503.110(1), 600.020, 605.090(1)(b), 610.110(6), 615.010 to 615.990, 620.020, 620.030, 620.140(1)(d), 625.040, 625.043, 42 U.S.C. 671(a)(23), 45 C.F.R. Parts 160, 164, 1355.34, 42 U.S.C. 677(a)(1)-(6), 14901-14954, EO 2003-064

STATUTORY AUTHORITY: KRS 194B.050(1), 199.640 (5)(a), 615.050

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194B.050 (1) provides that the Secretary of the Cabinet for Families and Children shall promulgate, administer, and enforce those 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. EO 2003-064 reorganizes the executive branch of government and establishes the Cabinet for Health and Family Services. KRS 199.640(5)(a) requires the Cabinet for Families and Children to promulgate administrative regulations establishing basic standards of care and service for child-caring facilities and child-placing agencies. This administrative regulation establishes basic standards for child-placing agencies.

Section 1. Definitions.

(1) "Adoption" means the legal process by which a child becomes the child of a person or persons other than biological parents.

(2) "Aftercare" means services provided to the child after discharge from a child-placing agency.

(3) "Applicant" means an individual or a family subject to approval by the child-placing agency as a:

(a) Foster home; or

(b) Adoptive home.

(4) "Board of directors" is defined by KRS 273.161(7).

(5) "Case management" means a process whereby a state agency or child-placing agency assesses the individualized needs of a child or family, arranges for the provision of services, and maintains documentation of actions and outcomes.

(6) "Child" means a person who has not reached:

(a) Eighteen (18) years of age, unless there is an extended commitment for purposes in accordance with KRS 610.110(6) or 620.140 (1)(d); or

(b) Twenty-one (21) years of age for a child committed to the Department of Juvenile Justice.

(7) "Child-placing agency" is defined by KRS 199.011(7).

(8) "Community resource" means a service or activity available in the community that shall supplement those provided by the child-placing agency in the care and treatment of a child.

(9) "Executive director" means the person employed by the board of directors to be responsible for the overall administration and management of a child-placing agency.

(10) "Home study" means an assessment done on a prospective foster or adoptive home by a social services worker.

(11) "Independent living program" means a planned program that:

(a) Is licensed and designed to teach a child age sixteen (16) or older life skills that enable a child to become self-sufficient; and

(b) Meets requirements specified in Section 17(1) of this administrative regulation.

(12) "Independent living services" means services provided to an eligible child, as described in Section 16 of this administrative regulation, to assist the child in the transition from dependency of childhood to living independently.

(13) "Individual treatment plan" or "ITP" means a plan of action developed and implemented to address the needs of a child.

(14) "Licensed health care professional" is defined by KRS 216.300(1).

(15) "Medically-fragile child" means a child who is determined to have a medical condition as specified in 922 KAR 1:350.

(16) "Mental health treatment" means services provided to an individual determined to have emotional, mental, or behavioral problems.

(17) "Permanence" is defined by KRS 620.020(8).

(18) "Placement" means a foster or adoptive home that has been approved by completing an application process, home study and required preparation.

(19) "Placement services" is defined by KRS 199.011 (13).

(20) "Program director" means the person responsible for supervising the day-to-day operation of the program.

(21) "Respite care" means temporary care provided by another individual or family to:

(a) Provide relief to a foster care parent, therapeutic foster care parent, or medically-fragile foster parent; or

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

(22) "Social services" means a planned program of assistance to help an individual move toward a mutual adjustment of the individual and the individual's environment.

(23) "Social services worker" means a person who meets the qualifications as specified in Section 2(4)(c) of this administrative regulation.

(24) "Therapeutic foster care" is defined by KRS 158.135(1)(c).

(25) "Therapeutic services" means clinical or supportive services provided to a child with severe emotional or behavioral needs.

(26) "Treatment director" means an individual who meets the qualifications as specified in Section 2(4)(d) of this administrative regulation.

Section 2. Administration and Operation.

(1) Licensing procedures.

(a) Licensing procedures for a child-placing agency shall be administered pursuant to 922 KAR 1:305.

(b) An independent living program is an optional component of the child-placing agency's license.

(2) Board of directors. The child-placing agency shall have a board of directors, or an advisory board if the child-placing agency is a privately-held for-profit organization, that shall:

(a) Consist of a minimum of seven (7) members;

(b) Meet at least quarterly;

(d) Be responsible for and have the authority to ensure the continuing compliance with the requirements established by this administrative regulation;

(e) Approve a mission statement delineating the:

1. Purpose;

2. Objective;

3. Scope of services to be provided; and

4. Intake policy specifying the type of child to be accepted for care;

(f) Hire, supervise, and annually evaluate the executive director of the child-placing agency; and

(g) Delineate in writing the duties of the executive director.

(3) Executive director.

(a) The executive director shall:

1. Be responsible for the child-placing agency and its affiliates, pursuant to the child-placing agency's written policies and procedures;

2. Oversee all aspects of the child-placing agency; and

3. Report to the board, on a quarterly basis, the following:

a. Evaluation of program services;

b. Measure of goals;

c. Staff training; and

d. Incident reports.

(b) The criteria and process of this evaluation shall be approved by the board annually.

(c) If the executive director is not available, a designated staff person shall be responsible for the day-to-day operation of the child-placing agency.

(4) Staff qualifications.

(a) An executive director shall possess the following qualifications:

1.a. A master's degree in any of the following human services fields:

(i) Social work;

(ii) Sociology;

(iii) Psychology;

(iv) Guidance and counseling;

(v) Education;

(vi) Religious education;

(vii) Business administration;

(viii) Criminal justice;

(ix) Public administration;

(x) Child-care administration;

(xi) Nursing;

(xii) Family studies; or

(xiii) Another human service field related to working with a family or child; and

b. Two (2) years of work experience in a human services program; or

2. A bachelor's degree with a major in a discipline designated in subparagraph 1 of this paragraph, and four (4) years work experience in a human services program.

(b) A licensed child-placing agency shall have one (1) member of the social work staff designated as program director who shall hold:

1. A master's degree in social work or in a discipline designated in paragraph (a)1 of this subsection; or

2.a. A bachelor's degree in social work or in a discipline designated in paragraph (a)1 of this subsection; and

b. At least two (2) years professional experience in working with a child or family.

1. Be responsible for social work, counseling or planning and coordinating services to a child; and

2. Hold at least a bachelor’s degree in social work or a human services field.

(d) A treatment director shall:

1. Oversee the day-to-day operation of the treatment program;

2. Hold at least a master's degree in a human services discipline; and

3. Have at least five (5) years total experience in mental health treatment, with a minimum of three (3) years experience in mental health treatment of children with emotional or behavioral disabilities and their families.

(e) 1. A child-placing agency contracting for the service of a social services worker not on the staff of the child-placing agency shall document that the social services worker meets the qualifications in paragraph (c) of this subsection.

2. An agreement for this provision of service shall be on file at the child-placing agency and shall specify the qualifications of the social services worker.

(f) The program director shall supervise social service staff.

(g) In a therapeutic foster care program, approval and evaluation of services shall be carried out by a person meeting the qualifications of a treatment director.

(h) Social services staff shall not carry a caseload of more than twenty (20) children.

(5) Personnel policy.

(a) A child-placing agency shall have written personnel policies and procedures.

(b) An employee shall:

1. Be at least eighteen (18) years of age; and

2. Submit to a criminal background check in accordance with KRS 17.165 and a central registry check in accordance with 922 KAR 1:470.

(c) 1. A person against whom has been made a substantiated allegation of abuse, neglect, or exploitation of a child shall not be employed in a position involving direct contact with a child.

2. The cabinet shall respond to allegations in accordance with 922 KAR 1:330 and 922 KAR 1:480.

(d) A current personnel record shall be maintained for an employee that includes the following:

1. Name, address, Social Security number, date of employment, and date of birth;

2. Evidence of qualifications, including degree, current registration, certification, or licensure;

3. Record of participation in staff development;

4. Record of performance evaluation;

5. Criminal records check pursuant to paragraph (b)2 of this subsection;

6. Record of a physical exam related to employment, as specified in the child-placing agency's policies and procedures;

7. Personnel action;

8. Application for employment, resume, or contract; and

9. Evidence of personnel orientation.

(e) The child-placing agency shall have an ongoing staff development program under the supervision of a designated staff member.

(f) An employee under indictment, legally charged with felonious conduct, or subject to a cabinet investigation in accordance with 922 KAR 1:330shall:

1. Be immediately removed from contact with a child; and

2. Not be allowed to work with the child until:

a. A prevention plan has been written and approved by a designated regional cabinet staff;

b. The person is cleared of the charge; or

c. A cabinet investigation reveals an unsubstantiated finding, if the charge resulted from an allegation of child:

(i) Abuse;

(ii) Neglect; or

(iii) Exploitation.

(g) Unless the volunteer is a practicum student, a volunteer who performs a similar function as paid staff shall meet the same requirements and qualifications.

Section 3. Interstate Placement.

(1) Prior to accepting a child from another state or prior to placing a child outside Kentucky, the child-placing agency shall comply with:

(a) KRS 615.030 to 615.040, Interstate Compact on Placement of Children;

(b) KRS 615.010, Interstate Compact on Juveniles; and

(2) If a child committed to the cabinet makes a brief visit out of state, not accompanied by child-placing agency personnel, the child-placing agency shall obtain prior consent of designated regional cabinet staff.

(3) A child-placing agency shall comply with subsection (1) of this section, if a child placed with the child-placing agency visits or receives respite care in another state for a period to exceed:

(a) Thirty (30) days; or

(b) The child’s school vacation period.

(4) If an emergency placement of a child into a licensed child-placing agency is made, compliance with KRS 615.030 to 615.040 shall be the responsibility of the placement source.

Section 4. Evaluation of an Applicant.

(1) The child-placing agency social services staff shall recruit a prospective foster or adoptive home.

(2) A child-placing agency shall:

(a) Complete a home study; and

(b) Approve the home prior to the placement of a child.

(3) Documentation of the home study shall include the following:

(a) A personal interview with each member of the applicant's household;

(b) An assessment of the attitude of each member of the applicant's household toward the placement of a child into the home or adoption;

(c) Observations of the functioning of the applicant's household, including interpersonal relationships and patterns of interaction;

(d) The applicant's ability to accept a child's relationship with the child's family of origin;

(e) Proof of the applicant's:

1. Identity; and

2. Age of twenty-one (21) years or older;

(f) A statement for each member of the applicant's household that shall:

1. Be signed by a licensed health care professional; and

2. State that the household member is free of illness or condition that presents a health or safety risk to a child placed in the applicant's home;

(g) A signed statement by a licensed physician or licensed health professional regarding the applicant's physical ability to provide necessary care for a child;

(h) Verification that the applicant has a source of income separate from:

1. Foster care reimbursement; or

2. Adoption assistance;

(i) The name of three (3) personal references who:

1. Are not related to the applicant; and

2.a. Shall be interviewed by the child-placing agency staff in person or by telephone; or

b. Shall provide letters of reference for the applicant;

(j) Verification that the applicant's financial stability has been assessed and approved in accordance with a child-placing agency's written policies and procedures;

(k) If available, documentation of an interview with adult children of the applicant, who do not live in the applicant's home, regarding the applicant's parenting history;

(l) If applicable, verification from the applicant regarding:

1. Previous divorce;

2. Death of a spouse; and

3. Present marriage;

(m) If the applicant does not have custody of the applicant’s own child:

1. A copy of the visitation order, if applicable;

2. A copy of the child support order; and

3. Proof of current payment of child support;

(n) Proof that the child-placing agency performed background checks on the applicant and any member of the applicant’s household in accordance with criteria established in 922 KAR 1:490;

(o) Documentation that the applicant has access to:

1. Reliable transportation;

2. School;

3. Recreation;

4. Medical care; and

5. Community facilities;

(p) If an applicant or household member will be transporting a foster child, proof that the individual possesses a valid driver's license;

(q) Documentation that the applicant's home:

1. Does not present a hazard to the health and safety of a child;

2. Is well heated and ventilated;

3. Complies with state and local health requirements regarding water and sanitation; and

4. Provides in- or out-of-door recreation space appropriate to the developmental needs of a child placed in the applicant's home;

(r) Verification that:

1. No more than four (4) children, including the applicant's own children, shall share a bedroom; and

2. A foster parent shall not share a bedroom with a child in the custody of a state agency, unless prior approval is obtained from the state agency;

(s) Verification that an individual bed, crib, playpen, or cot:

1. Is provided for each child in the home;

2. Meets the Consumer Products Safety Commission Standards; and

3. Is age and size appropriate for the child;

(t) Verification that:

1. Medication is locked;

2. Alcoholic beverages and poisonous or hazardous materials are inaccessible to the child; and

3. Ammunition and firearms are locked and stored separately;

(u) Proof that the applicant shall have:

1. First aid supplies with unexpired dates available and stored in a place easily accessible by the foster parent;

2. A working telephone; and

3. A working smoke alarm within ten (10) feet of each bedroom; and

(v) If a business open to the public adjoins the applicant’s household, consideration of potential negative impacts on the child and family, including:

1. Hours of operation;

2. Type of business; and

3. Clientele.

(4) Exception to subsection (3)(e)2 of this section may be granted if the applicant is:

(a) Between eighteen (18) and twenty-one (21) years of age;

(b) A relative to the child to be placed in the applicant's home; and

(5) For each potential applicant evaluated, the child-placing agency shall keep a written record of the findings of the home study and the evidence on which the findings are based.

(6) (a) Following approval as a foster home, the approving child-placing agency may request written approval from the state agency, with custody of the child, for the foster home to provide services as a certified:

1. Provider of Supports for Community Living in accordance with 907 KAR 1:145;

2. Therapeutic foster care provider for adults in accordance with 907 KAR 3:030; or

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

(b) Except as provided in paragraph (a) of this subsection, an approved foster 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.

(c) The written approval specified in paragraph (a) of this subsection shall be required upon the effective date of this administrative regulation.

(7) An employee of the department who provides protection and permanency services shall be prohibited from becoming a foster parent or respite care provider for a child in the custody of the cabinet, unless the:

(a) Employee was a foster parent or respite care provider for the child at the time employment with the department in protection and permanency services began; and

(b) Commissioner approves, in writing, the employee to be a foster parent or respite care provider for the child.

(8) An employee of the department who provides protection and permanency services may apply to adopt a child in the custody of the cabinet if the:

(a) Employee had:

1. No relationship with the child or a parent of the child prior to the termination of parental rights in accordance with KRS Chapter 625, unless the employee is a relative of the child; or

2. Adopted a sibling of the child available for adoption; and

(b) Commissioner approves, in writing, the employee to adopt.

(9) (a) A child-placing agency shall develop written policies and procedures regarding employees of the child-placing agency serving as a:

1. Foster parent;

2. Adoptive parent; or

3. Respite care provider.

(b) Policies and procedures developed in accordance with paragraph (a) of this subsection shall address the prevention or appearance of:

1. A conflict of interest; or

2. Misuse of influence.

Section 5. Orientation and Preparation of a Foster Home. A child-placing agency shall:

(1) Develop and maintain an orientation and preparation curriculum to be kept on file;

(2) Provide a minimum of twenty-four (24) hours of orientation and preparation to a prospective foster parent, to include the following:

(a) 1. Child-placing agency program description with mission statement;

2. Information about the rights and responsibilities of the home; and

3. Background information about the foster child and the child’s family, including information in accordance with KRS 605.090(1)(b);

(b) An example of an actual experience from a foster parent that has fostered a child;

1. The stages of grief;

2. Identification of the behavior linked to each stage;

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

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

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

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

7. Cultural competency;

8. How a child enters and experiences foster care, and the importance of achieving permanency; and

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

(d) Identification of changes that may occur in the home if a placement occurs, to include:

1. Family adjustment and disruption;

2. Identity issues; and

3. Discipline issues and child behavior management; and

(e) Specific requirements and responsibilities of a foster parent.

(3) Maintain an ongoing foster home preparation and training program that:

(a) Provides a minimum of six (6) hours foster home training annually; and

(b) Maintains a record of preparation and training completed.

Section 6. Placement and Case Management of a Child in a Foster Home, Medically-fragile Foster Home, or Therapeutic Foster Care Home.

(1) The child-placing agency shall place a child only in an approved foster home.

(2) The child-placing agency shall select a foster home for a child based upon the:

(a) Individual needs of the child; and

(b) Child’s ITP.

(3) A child shall participate in the intake process and in the decision that placement is appropriate, to the extent that the child's age, maturity, adjustment, family relationships, and the circumstance necessitating placement justify the child's participation.

(4) (a) The number of children residing in a foster home by a child-placing agency shall not exceed six (6), including the foster parent’s own children.

(b) The number of children residing in a foster home that cares for a child in the custody of the cabinet shall not exceed five (5), including the foster parent’s own children.

(5) A child-placing agency shall have a maximum of two (2) children under two (2) years of age placed in the same foster home at the same time, with the exception of a sibling group, who may remain together.

(6) (a) Justification for an exception to subsection (4)(a) or (5) of this section shall be:

1. Documented in the foster parent file; and

2. Authorized by the program director.

(b) For a foster home that cares for a child in the custody of the cabinet, the child-placing agency shall submit a written justification for an exception to subsection (4)(b) or (5) of this section in accordance with 922 KAR 1:350, Section 2(2).

(7) The child-placing agency shall:

(a) Assess a child to be placed in foster care and develop an ITP individualized for the child prior to or within thirty (30) days of placement;

(b) Have a written agreement with the foster home stating the:

1. Responsibilities of the:

a. Child-placing agency; and

b. Foster home; and

2. Terms of each placement;

(c) Require a foster home to certify, in writing, that supervision from the child-placing agency or the state agency, which has custody of the child, shall be allowed;

(d) Document a placement in the foster home file;

(e) Report immediately to the state agency, which has custody of the child, if there is:

1. A life-threatening accident or illness;

2. An absence without official leave;

3. A suicide attempt;

4. Criminal activity by the child requiring notification of law enforcement;

5. Death; or

6. A child's possession of a deadly weapon;

(f) Report, if applicable, within two (2) business days to the state agency, which has custody of the child, if there is a:

1. Change in address;

2. Change in the number of people living in the home; or

3. Significant change in the foster home;

(g) Establish policies and procedures for supervision of a foster home by a worker other than the social services worker assigned to the foster home, who meets qualifications specified in section 2(4)(c) of this administrative regulation to:

1. Include:

a. Frequency of an in-home visit with the foster parent;

b. Means of supervision;

c. Methods of supervision; and

d. Personnel conducting the supervision;

2. Ensure a foster child’s placement stability and safety; and

3. Be individualized, as needed, for the:

a. Child; or

b. Foster home;

(h) Identify and make available necessary supports to a foster home, including:

1. A plan for respite care in accordance with Section 13 of this administrative regulation;

2. Twenty-four (24) hour crisis intervention; and

3. A foster home support group;

(i) Assure that a child receives care and services, including independent living services:

1. In accordance with Section 16 of this administrative regulation; and

2. As prescribed by the child’s needs as assessed in the child’s ITP;

(j) Provide information to a foster parent regarding the behavior and development of the child placed by the child-placing agency;

(k) Inform the foster parent, in accordance with KRS 605.090(1)(b), of:

1. Inappropriate sexual acts or sexual behavior of the child as specifically known to the child-placing agency; and

2. Any behaviors of the child that indicate a safety risk for the placement;

(l) Document each effort to:

1. Protect the legal rights of the family and the child; and

2. Maintain the bond between the child and the child’s family, in accordance with the child’s permanency plan;

(m) Assure that a child shall have, for the child’s exclusive use, clothing comparable in quality and variety to that worn by other children with whom the child may associate;

(n) Be responsible for monitoring the child's school progress and attendance;

(o) Secure psychological and psychiatric services, vocational counseling, or other services if indicated by the child's needs;

(p) Reassess and document, in the child’s ITP, placement and permanency goals every ninety (90) calendar days, including independent living services, in accordance with Section 16 of this administrative regulation;

(q) Conduct and document a face-to-face visit with the child at least once per month; and

(r) Maintain foster care records in accordance with Section 18 of this administrative regulation.

(8) Without prior notification to and written authorization from the Kentucky Interstate Compact Administrator, a child shall not be:

(a) Placed with a family that normally resides in another state; or

(b) Permitted to go with a person to take up residence in another state.

(9) (a) An approved foster home in use shall be evaluated on an annual basis for compliance with responsibilities listed in the written agreement described in subsection (7)(b) of this section.

(b) Results shall be recorded in the foster parent file.

(10) Factors that shall result in a review of a foster home shall include:

(a) Death or disability of a family member;

(b) Sudden onset of a health condition that impair a foster parent’s ability to care for a child placed in the home;

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

(e) Child birth;

(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 child’s treatment plan;

5. Denial of visits, telephone or mail contacts with family members, unless authorized by 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 is:

1. Substantiated; or

2. Reveals concern regarding the care of the child;

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

(i) Other factors identified by child-placing agency staff that jeopardize the physical, mental, or emotional well being of the child.

(11) The documentation of a review, specified in subsection (10) of this section, shall contain:

(a) Identifying information;

(b) Current composition of the household;

(d) An assessment of the 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 foster home.

Section 7. Orientation and Preparation of a Therapeutic Foster Care Home.

(1) A child-placing agency shall:

(a) Maintain the orientation and preparation curriculum on file; and

(b) Provide a minimum of thirty-six (36) hours of orientation and preparation for a prospective therapeutic foster care parent that shall incorporate the following topic areas:

1. a. Child-placing agency program description with mission statement;

b. Information about the rights and responsibilities of the therapeutic foster care home; and

c. Background information about a foster child and the child’s family;

2. An example of an actual experience of a therapeutic foster care parent that has fostered a child;