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General Iinformation

 

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Adoption

Independent /Private

Independent/Private Adoptive Placements:

Kentucky permits private attorney, private agency and/or independent adoptions

Adoption Statute-Non-Agency; Independent; Private Adoptions:

HRS Sec. 199.473 922 KAR 1:010

HRS Sec. 199.473 922 KAR 1:010

HRS Sec. 199.473 922 KAR 1:010

Public

Public Adoptive Placements-Requirements

1.             Applicant is at least twenty-one (21) years of age;

2.             Proof of the applicant's United States citizenship or legal immigrant status;

3.             Verification from the applicant of any previous divorce(s), death of a spouse, and present marriage;

4.             An applicant that drives should possess a valid driver’s license; possess a proof of liability insurance; and abide by passenger restraint laws;

5.             Complete and sign a family profile;

6.             Three (3) personal references, who are not related to the applicant(s)

7.             Two (2) credit references;

8.             Health information for the applicant or adult household member;

9.             Health information for applicants regarding dependent children;

10.          Source of income sufficient to meet the applicant's household expenses and to ensure stability of the family unit that is separate from the foster care reimbursement and/or adoption assistance;

11.          Background Checks (Child Abuse/Neglect and FBI);

12.          Acceptance scale for adoption matching;

13.          Accept agency nonphysical displine policy

14.           Home study that includes visits with all household members

15.           Attend free training

16.           Safe and adequate home environment/sleeping space

17.           Vaccinate all pets

18.           Allow no more than 5 children in the home including the applicant's own children

19.           Maintain annual training requirements.

INDEPENDENT / PRIVATE / PUBLIC

The following information applies to independent, private and public adoptions

Adoption Assistance

Adoption assistance payments begins

• At the time the child is placed

Sending State Adoption Subsidy Payments (Guidelines)

No information provided

Special Needs

Kentucky definition of "Special Needs"

Child has a physical or mental disability; Child has an emotional or behavioral disorder; Child has a recognized/documented risk of physical, mental or emotional disorder; Child is a member of a sibling group, consisting of two or more children, in which the siblings are placed together; Child has had a previous adoption disruption or multiple (more than one) placements; Child is a member of a racial and/or ethnic minority group and is two (2) years old or older; or Child is age seven (7) or older and has a significant emotional attachment or psychological tie to his/her foster family and the Cabinet has determined that it would be in the child’s best interest to remain with the family.

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in Kentucky, child must be in adoptive placement:

• 6 months

Statutory code/cite for Adoption Petition

KRS Sec 199.470

Court Jurisdiction for Adoption Cases

No information provided

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

No information provided

Age of Majority

State's age of majority

• 18 years

Statutory code/cite and the age of majority:

• KRS Sec. 199.011

Services (after Age of Majority)

As the Receiving State, the following services will be provided/continued at the age of majority:

• Supervision

Appeals

Appeals permitted:

• Home Study: No
• ICPC Decision: No

Border Agreements

Border Agreements permitted:

• No

Current Border Agreements with:

• Kentucky

Criminal Background Checks/Abuse and Neglect Registry

Home Studies which Require Criminal / Perpetrator Record Checks

Kentucky requires criminal background checks for the following home studies:

• Foster Care
• Relative Care
• Relative-Foster Care
• Foster-Adopt
• Adoption
• Parent

 

Criminal Background Screening

The following methods are used to capture fingerprints to conduct criminal records checks/and abuse and neglect.

• Live Scan or other computerized technology

 

Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:

• National

 

Background Screening

State or Local Criminal Record Checks Requirements/Process:

he resource home applicant(s) and each adult member of the applicant's household submit to the following background checks prior to approval:

A.     A criminal records check of the National Crime Information Database (NCID), including the Kentucky Justice and Public Safety Cabinet (Kentucky State Police) conducted by means of a fingerprint scan; and

B.     A child abuse or neglect check for each state of residence during the past five (5) years;

2.     Each adolescent member of the applicant's household submits to a child abuse and neglect check;

 

Kinship care providers or relative caregiver and each adult member of the household submit to the following background checks prior to approval:

A.            A criminal records check:

i.              An in state criminal records check conducted by the Administrative Office of the Courts (AOC); or

ii.             If the applicant or adult household member has resided out of state within the five (5) year period prior to the date of application, a criminal records check of the National Crime Information Database (NCID) is conducted by means of a fingerprint scan;

B.             A child abuse and neglect check for each state of residence during the past five (5) years;

2.             Each adolescent household member(s) submits to a child abuse and neglect check

 

Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:

Felony conviction involving:

a.     Child abuse or neglect;

b.     Spousal abuse;

c.     A crime against a child or children (including child pornography);

d.     A crime involving violence, including, but not limited to: rape, sexual assault, or homicide; or

e.     Physical abuse, battery, or a drug or alcohol offense within the five (5) year period prior to the application; or

ii.    Criminal conviction relating to child abuse or neglect; or

iii.   Civil judicial determination related to child abuse or neglect; or

B.     A child abuse or neglect check reveals that the applicant, adolescent member of the applicant's household, or adult member of the applicant's household, has been found to have:

a.     Committed sexual abuse or sexual exploitation of a child;

b.     Been responsible for a child fatality or near fatality related to abuse or neglect; or

c.     Had parental rights terminated involuntarily;

 

Type of Checks (Crim. & Abuse Neglect Registry)

Kentucky requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))

Wait Time for Criminal Records Results

Wait time for fingerprint results are:

Live Scan or other technology

• State: 4-7 days
• Local/County: 4-7 days

Manually - Fingerprint Card

• State: Not Offered
• Local/County: Not Offered

Verification of Criminal Records Results

• Actual results/information contained in the Criminal Background

Custody Matters - NON ICPC

(NOTE: These are private or domestic custody matters brought before the court for determination/decision)

Non-ICPC Requests - (i.e. private/domestic custody cases)

ICPC Office will not investigate a domestic or private custody matter.

• Parent vs. Parent: No
• Third Parties: No

ICPC Offices will assist with referral:

• Yes
  Refer Cases To:

  These types of requests will be forwarded to the local office for completion. The local/regional level management determines the feasibility of completing this as a courtesy for the other state.

Custody Investigation

No information provided

Definitions

Kentucky Specific Definitions

If the following terms are defined differently than below (General Definitions), please provide definitions for the following types of placements as defined within your state. If definitions in your state are the same, please type the word same in the space provided. (only 250 characters per answer will be accepted).

Adoption

Same

Foster-Adopt

Same

Foster Care

Same

Parent

Same

Relative

"Relative" means an adult related to a child by blood, marriage, or adoption.

Relative Foster Care

Same

General Definitions

Adoption

is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.

The types of adoptions permitted by each state are governed by state law:

• Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
• Independent - are adoptions facilitated by an attorney, other intermediary, or adoption facilitator as defined by state law.
• Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.

Days

means “Calendar” (not business) days.

Foster - Adopt

is an individual who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if the child becomes legally free.

Foster Care (Provider)

is any person other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption.  Foster home means and includes private residences that are licensed, or specialized group homes.

Foster Care Maintenance Payments

means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.

Legal Risk Adoptions

A legal risk adoption, or a legal risk placement, is one where a prospective adoptive child is placed in your home although the child is not yet legally free to be adopted.

License/certification/approval

means approval and or certification granted by the authority of a state regulatory agency.

Live Scan

is an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.

Parent

is a biological, adoptive parent or legal guardian as determined by applicable State law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.

Relative

is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in your state statute for the purpose of foster and or adoptive placements.

Relative-Foster Care

refers to a person who meets the definition of a relative as noted above and has been approved as a licensed foster parent.

Public Education Costs

Kentucky charges for public education:

• No

Kentucky charges the sending state for specialized services (occupational, speech therapy)

• No

Kentucky charges the Sending State to obtain assessments/diagnostics and/or services for education purposes:

• No

Financial Plans, Medicaid, IV-E, Daycare, Payments

FINANCIAL PLANS

Kentucky permits a child in the legal custody of a Sending State to apply for and receive the following state administered assistance/benefits in Kentucky as the Receiving State.

• Medicaid
• TANF Child Only
• TANF–Family
• Kin-Guardianship - State

As the Sending state, following are considered as a viable financial/medical plan when making interstate placements:

• Applying for TANF - (Family Income Based)
• Applying for TANF - Child Only
• Title IV-E Foster Care
• Title IV-E Adoption Assistance
• Sending State Adoption Assistance
• Medicaid
• Sending State’s Coverage for Medical Assistance

As the Receiving state, following are considered a viable financial/medical plan when receiving interstate placements:

• Applying for TANF - (Family Income Based)
• Applying for TANF - Child Only
• Title IV-E Foster Care
• Title IV-E Adoption Assistance
• Sending State Adoption Assistance
• Kin-Guardianship - State
• Medicaid
• Sending State’s Coverage for Medical Assistance

MEDICAID / MEDICAL ASSISTANCE

The state will ensure medical coverage benefits and services can be received through benefits, programs and providers in the Receiving State before placing a child across state lines.

• No

Medicaid

The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).

• Yes

WAITING PERIOD FOR MEDICAID BENEFITS

Waiting period to apply for benefit assistance:

• No waiting period

Waiting period to receive benefits for a child who is under the legal custody/legal jurisdiction of the sending state:

• No waiting period

STATE MEDICAL INSURANCE/COVERAGE

As the Sending State, Kentucky will provide medical coverage if the child is NOT IV-E eligible

• Yes: Kentucky Medicaid

As the Sending State, Kentucky will permit Placement Resources to apply for medical benefits in the Receiving State or use their personal insurance.

• Yes

PAYMENTS MADE

TANF Payments

• No information provided

Adoption assistance payments begin:

• At the time the child is placed.

Foster Care Payments

• Foster care payments are based upon the age of the child, and upon any special needs the child may have. Payment is established according to Kentucky rates.

Special Education Payments

• No

Daycare Payments

• Yes
• Other

Childcare services for working resource home parents will be provided. Relative caregivers may apply for income based child care assistance.

Kinship Program

The kinship care program is an alternative to foster care for a child who has been determined abused or neglected by the Cabinet within one hundred twenty (120) days of the Cabinet's placing the child with the caretaker relative, or is dependent due to the death of both parents and subsequently has been placed by the Cabinet with a caretaker relative.  The kinship care program and related benefits are only provided to those who meet eligibility requirements contained within the corresponding administrative regulation, 922 KAR 1:130; thus, the kinship care program is not an entitlement program.

Staff must maintain an open case until the child reunifies with parents or permanent custody is pursued.  The child's placement with the caretaker relative ideally leads to a more timely and permanent living arrangement and causes less distress for the child.  A timeframe for the pursuit of permanency by the kinship caregiver has been established for both current and future kinship caregivers. 

The kinship care program was designed to utilize Temporary Assistance for Needy Families Block Grant (TANF) funding.  Because TANF funding is utilized, the kinship care program requires, at minimum, the collaboration of DCBS staff dedicated to child welfare, as well as, Kentucky Transitional Assistance Program (K-TAP) benefits.

TITLE IV-E

Medicaid - The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).

• Yes

Title IV-E documentation/verification required

• Yes: no information provided

Adoptive Home Studies

Home study for adoption conducted prior to Termination of Parental Rights (TPR)

• No

Proof of Paternity is required:

• Yes : Father listed on birth certificate, child support order, paternity testing, or divorce decree

Relative/Kinship Home Study

Home study for relatives conducted prior to Termination of Parental Rights (TPR)

• Yes

Define Relative

"Relative" means an adult related to a child by blood, marriage, or adoption.

Relatives must be licensed:

• No

Proof of Paternity is required:

• Yes : Father listed on birth certificate, child support order, paternity testing, or divorce decree

Kentucky considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)

• Other

no information provided

Criminal Record Checks

Kentucky requires criminal background checks for the following home studies:

• Foster Care
• Relative Care
• Relative-Foster Care
• Foster-Adopt
• Adoption
• Parent

Type of Checks (Crim. & Abuse Neglect Registry)

Kentucky requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))

Wait Time for Criminal Records Results

Wait time for fingerprint results are:

Live Scan or other technology

• State: 4-7 days
• Local/County: 4-7 days

Manually - Fingerprint Card

• State: Not Offered
• Local/County: Not Offered

ICPC Processing And Data Collection

ICPC Placement Checklists

Criminal Records Checks

Kentucky requires criminal background checks for the following home studies:

• Foster Care
• Relative Care
• Relative-Foster Care
• Foster-Adopt
• Adoption
• Parent

Type of Checks (Crim. & Abuse Neglect Registry)

Kentucky requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))

Wait Time for Criminal Records Checks

Wait time for fingerprint results are:

Live Scan or other technology

• State: 4-7 days
• Local/County: 4-7 days

Manually - Fingerprint Card

• State: Not Offered
• Local/County: Not Offered

Wait Time - (License/ Certification/ Approval - Education and Training)

Average Length of time it takes for a home to be licensed/approved/certified:

• 3-6 mos.

Length of time a license is valid before renewal required.

• 1 year

Kentucky offers classes (education and training) for placement resources' homes to become licensed/certified/approved:

• OtherAs needed, varies across the state.

Wait Time for ICPC Decision

Data Collection

Kentucky collects, tracks and reports interstate data via:

• ICPC Access Database

Kentucky collects, tracks and reports interstate home studies via

• ICPC Access Database

Licensing/Certification/Approval

Licensing

Dual Licensing state:

• Yes

Kentucky uses the following terms to authorize a resource family for foster care and (or) adoption after completion of education and training in state:

• Approve (Adoption)
• Verified (Foster Home)
• Certified

Kentucky requires the following types of placement resources to be licensed/approved/certified:

• Foster Care
• Relative-Foster Care
• Adoption
• Foster/Adopt

Kentucky resource training program is as follows:

• PRIDE (Parents Resource Information Development Education)

Kentucky will give full or partial credit for foster care and adoption education and training completed in another state:

• Adoption
  OtherFull credit can be given if the previous training meets the primary components of the Kentucky-approved pre-service family preparation training; the previous training has been completed in the past five (5) years or has fostered and maintained appropriate ongoing training in the state of origin; the parent possesses the necessary skills for fostering; and the records and recommendations from the other state document that the foster parents possess skills that meet Kentucky’s required pre-service family preparation training.
• Foster Care
  OtherFull credit can be given if the previous training meets the primary components of the Kentucky-approved pre-service family preparation training; the previous training has been completed in the past five (5) years or has fostered and maintained appropriate ongoing training in the state of origin; the parent possesses the necessary skills for fostering; and the records and recommendations from the other state document that the foster parents possess skills that meet Kentucky’s required pre-service family preparation training.

Title IV-E documentation/verification required

• Yes: no information provided

Requirements (Licensing)

Licensing Requirements

• No information provided

Foster Care Placements

• No information provided

Wait Time - (License/ Certification/ Approval - Education and Training)

Average Length of time it takes for a home to be licensed/approved/certified:

• 3-6 mos.

Length of time a license is valid before renewal required.

• 1 year

Kentucky offers classes (education and training) for placement resources' homes to become licensed/certified/approved:

• OtherAs needed, varies across the state.

Proof of Paternity is required:

• Yes : Father listed on birth certificate, child support order, paternity testing, or divorce decree

Criminal Records Checks

Kentucky requires criminal background checks for the following home studies:

• Foster Care
• Relative Care
• Relative-Foster Care
• Foster-Adopt
• Adoption
• Parent

Type of Checks (Crim. & Abuse Neglect Registry)

Kentucky requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))

Wait Time for Criminal Records Checks

Wait time for fingerprint results are:

Live Scan or other technology

• State: 4-7 days
• Local/County: 4-7 days

Manually - Fingerprint Card

• State: Not Offered
• Local/County: Not Offered

Type of Checks (Crim. & Abuse Neglect Registry)

Kentucky requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))

Verification of Criminal Records Results

• Actual results/information contained in the Criminal Background

Wait Time - (License/ Certification/ Approval - Education and Training)

Average Length of time it takes for a home to be licensed/approved/certified:

• 3-6 mos.

Length of time a license is valid before renewal required.

• 1 year

Kentucky offers classes (education and training) for placement resources' homes to become licensed/certified/approved:

• OtherAs needed, varies across the state.

Relative Placements

Relative Home Study

Define Relative

"Relative" means an adult related to a child by blood, marriage, or adoption.

Relatives must be licensed:

• No

Proof of Paternity is required:

• Yes : Father listed on birth certificate, child support order, paternity testing, or divorce decree

Kentucky considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)

• Other

no information provided

Criminal Records Checks

Kentucky requires criminal background checks for the following home studies:

• Foster Care
• Relative Care
• Relative-Foster Care
• Foster-Adopt
• Adoption
• Parent

Type of Checks (Crim. & Abuse Neglect Registry)

Kentucky requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))

Wait Time for Criminal Records Checks

Wait time for fingerprint results are:

Live Scan or other technology

• State: 4-7 days
• Local/County: 4-7 days

Manually - Fingerprint Card

• State: Not Offered
• Local/County: Not Offered

Type of Checks (Crim. & Abuse Neglect Registry)

Kentucky requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))

Verification of Criminal Records Results

• Actual results/information contained in the Criminal Background

Wait Time - (License/ Certification/ Approval - Education and Training)

Average Length of time it takes for a home to be licensed/approved/certified:

• 3-6 mos.

Length of time a license is valid before renewal required.

• 1 year

Kentucky offers classes (education and training) for placement resources' homes to become licensed/certified/approved:

• OtherAs needed, varies across the state.

Residential Treatment Centers/Facilities

Before Kentucky will approve a child for an interstate placement with an RTF, Certification/verification of acceptance is required from the Residential Treatment Facility (RTF).

• Yes

Residential Placements

A facility or group home with more than eight (8) beds designated for the treatment of children (KRS 600.020(48).

Supervisory Reports

Kentucky Requires face-to-face supervision:

• Once a month

Kentucky will provide supervision of an interstate placement:

• Until the ICPC case is closed

Kentucky Submits a supervisory report to the Sending State

• Quarterly

Kentucky will send a supervision report to:

• The ICPC in the Sending State

Supervision Guidelines

Please see Regulation 11 for supervision requirements under the ICPC (Link provided below):

• Best Practice Guidelines for Supervision via the ICPC

Termination of Parental Rights (TPR)

Home study for adoption conducted prior to Termination of Parental Rights (TPR)

• No

Home study for relatives conducted prior to Termination of Parental Rights (TPR)

• Yes

After TPR, relatives are no longer relatives and a foster care or adoptive home study must be requested.

• Yes

Relative Home Study

Define Relative

"Relative" means an adult related to a child by blood, marriage, or adoption.

Relatives must be licensed:

• No

Proof of Paternity is required:

• Yes : Father listed on birth certificate, child support order, paternity testing, or divorce decree

Kentucky considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)

• Other

no information provided