922 KAR 1:490. Background checks
for foster and adoptive parents and reporting requirements.
RELATES TO: KRS 199.011(7), 600.020(54), (55), 605.090(1)(b), (6), 605.130, 605.160, Chapter 625, 45 C.F.R. 1356.30, 42 U.S.C. 671(a)(20)(A)
STATUTORY AUTHORITY: KRS 199.462(4), 199.472(1), 199.640(5), and 605.150
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 199.462 (4) requires
the cabinet to promulgate an administrative regulation for the purpose of
requiring a criminal background investigation on behalf of each foster or
adoptive parent applicant and each adult member of the applicant's household. KRS 199.472(1) requires the
cabinet to establish criteria to be followed for the adoption of children. KRS
605.150 authorizes the cabinet to promulgate administrative regulations to
implement the provisions of KRS Chapter 605,
including the provision of KRS
605.130(4) by which the cabinet shall perform such other services as may be
deemed necessary for the protection of children. KRS 199.640(5) authorizes
the cabinet to promulgate administrative regulations establishing basic
standards of care and service for child-placing agencies relating to the health
and safety of all children in the care of the agency. This administrative
regulation establishes background check requirements for applicants seeking to
provide foster or adoptive services. Additionally, this administrative
regulation imposes a stricter requirement than the federal mandate because the
cabinet requires the denial of an applicant if: (1) a criminal record check
conducted on behalf of an adult household member reveals a drug or
alcohol-related felony within the previous five (5) year period or a felony
involving a spouse, a child, sexual violence, or death; or (2) a child abuse or
neglect check conducted by the cabinet reveals that the applicant or a
household member committed sexual abuse or sexual exploitation of a child, has
been responsible for a child fatality related to abuse or neglect, or has had
parental rights terminated involuntarily.
Section
1. Definitions.
(1) "Adolescent member of
the household" means a youth who:
(a) Resides in the
home of an individual who applies for approval or has been approved to provide
foster or adoptive services;
(b) Is age twelve (12) through age seventeen
(17); and
(c) Is not placed in the home by a state
agency.
(2) "Adult member of the
household" means an adult who:
(a) Resides in the home of an individual who
applies for approval or has been approved to provide foster or adoptive
services; and
(b) Is eighteen (18) years of age or older.
(3) "Applicant" means
an individual who applies for approval as a foster or adoptive parent under:
(a) 922 KAR 1:350, Family
Preparation; or
(b) 922
KAR 1:310, Standards for Child-Placing Agencies.
(4) "Child-placing
agency" is defined at KRS 199.011 (7).
(5) "Sexual abuse"
is defined at KRS 600.020(54).
(6) "Sexual
exploitation" is defined at KRS 600.020 (55).
Section
2. Background Checks Required for Foster or
Adoptive Parents.
(1) An applicant, and each adult member of the household, shall submit
to:
(a) An in-state criminal records check,
conducted pursuant to KRS
199.462 (1), by the:
1.
Kentucky Justice and Public Safety Cabinet; or
2.
Administrative Office of the Courts;
(b) A child abuse or neglect check conducted
by the cabinet; and
(c) A criminal
records check conducted by means of a fingerprint check by the Kentucky State
Police and the Federal Bureau of Investigation, if the applicant:
1.
Or adult household member has resided out-of-state within the ten (10) year
period prior to the date of application; and
2.
Offers a placement to a child made available through the cabinet or its agent.
(2) Prior to approval of an applicant, each adolescent member of the
household shall submit to a child abuse or neglect check conducted by the
cabinet.
(3) A child abuse or neglect check conducted by the cabinet shall
identify the name of each applicant, adolescent member of the household, and adult member of the household who has been
found by the cabinet to have:
(a) Committed sexual abuse or sexual
exploitation of a child;
(b) Been
responsible for a child fatality related to abuse or neglect;
(c) Abused or neglected a child within the
seven (7) year period immediately prior to the application; or
(d) Had parental rights terminated involuntarily.
(4) An applicant shall not be approved if:
(a) A criminal records check reveals that
the applicant, or adult member of the household, has been convicted of a:
1.
Felony involving a spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20)(A); or
2.
Drug or alcohol-related felony within the five (5) year period prior to
application for approval as a foster or adoptive parent; or
(b) Cabinet
records reveal that the applicant, adolescent member of the household,
or adult member of the household, has been found by the cabinet to have:
1.
Committed sexual abuse or sexual exploitation of a child;
2.
Been responsible for a child fatality related to abuse
or neglect; or
3.
Had parental rights terminated involuntarily in accordance with KRS 625.050 through 625.120.
Section
3. Procedure for Requesting
a Cabinet Child Abuse or Neglect Check. A child-placing agency shall request a
child abuse or neglect check:
(1) Prior to approval of an applicant; and
(2) By submitting to the cabinet a completed form, "DPP-157, Child Abuse or Neglect Check".
Section
4. Reports Relating to
Committed Children.
The cabinet shall disclose and receive information in accordance with KRS 605.090(1)(b) and (6).
Section
5. Approval.
(1) Except for the provisions of Section 2(4) of this administrative
regulation, approval of an applicant who has been convicted of a nonviolent
felony or misdemeanor, has been found by the cabinet to have abused or
neglected a child, or whose parental rights have been terminated voluntarily,
shall be handled on a case-by-case basis with consideration given to the:
(a) Nature of the offense;
(b) Length of time that has elapsed since
the event; and
(c) Applicant’s life experiences during the
ensuing period of time.
(2) Except for the provisions of Section 2(4) of this administrative
regulation, an applicant may be approved on a case-by-case basis in accordance
with the criteria described by subsection (1)(a)
through (c) of this section if:
(a) An adolescent member of the household
has:
1.
Been found by the cabinet to have abused or neglected a child;
2.
Had parental rights terminated voluntarily in accordance with KRS 625.040 through 625.046;
or
(b) An adult member of the household has
been:
1.
Convicted of a nonviolent felony or misdemeanor;
2.
Found by the cabinet to have abused or neglected a child; or
3.
Had parental rights terminated voluntarily in accordance with KRS 625.040 through 625.046.
Section
6. Reevaluation.
(1) An approved foster or adoptive parent and each adult member of the
household shall submit annually, prior to or during the anniversary month of
initial approval, to a:
(a) Criminal records check; and
(b) Child abuse or neglect check conducted
by the cabinet.
(2) If an adult becomes a new member of an approved foster or adoptive
parent’s household, the new adult member of the household shall submit to
background checks within thirty (30) calendar days of residence within the
household in accordance with Section 2(1)(a) through
(c) of this administrative regulation.
(3) If an adolescent becomes a new member of an approved foster or
adoptive parent’s household, the new adolescent member of the household shall
submit to a child abuse and neglect check conducted by the cabinet within
thirty (30) calendar days of residence within the household.
Section
7. Maintenance of Records.
(1) A completed copy of each criminal records check and a "DPP-157, Child Abuse or Neglect Check"
shall be maintained on behalf of each:
(a) Foster or adoptive parent;
(b) Applicant not approved as a foster or
adoptive parent; and
(c) Adult member of the household.
(2) A completed copy of each "DPP-157,
Child Abuse or Neglect Check" shall be maintained on behalf of each
adolescent member of the household.
Section
8. Incorporation by
Reference.
(1) "DPP-157, Child Abuse or
Neglect Check, edition December 2004 " is
incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Cabinet for Health and Family Services,
(29 Ky.R. 1917; Am. 2709; eff.