Kinship Care: KAR

Kinship Care: KAR Kinship Care: SOP KC Start-Up: SOP

Kinship Care: KAR

CABINET FOR FAMILIES AND CHILDREN
Department for Community-Based Services-Division of Policy Development
(New Administrative Regulation)

922 KAR 1:130. Kinship Care Program.

RELATES TO: KRS 205.200(2), (3), 605.120(4), EO 98-731, Section IV., A

STATUTORY AUTHORITY: KRS 194B.050(1), 205.200(2), (3), 605.120(4), 605.150(1), 42 USC 601(a)(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 605.120(4) encourages the cabinet to develop a pilot kinship care project. This administrative regulation establishes the Kinship Care Program in Kentucky.

Section 1. Establishing the Program. (1) The Kinship Care Program shall serve a child who is:

(a) In need of protection and unable to remain in his parental home;

(b) Removed from his parental home for a protection issue;

(c) In placement with a caring relative who has been determined by the Cabinet for Families and Children to be a preferable alternative to placement with a nonrelative;

(d) At risk of commitment to the Cabinet for Families and Children due to abuse or neglect;

(e) Currently in a nonrelative foster care placement; or

(f) In a child-only Kentucky Transitional Assistance Program (K-TAP) case, with a prior protection case on record and the relative placement arranged by the cabinet.

(2) This program shall provide:

(a) Financial assistance; and

(b) Case-management service to each nonparental relative caring for the child in his home.

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Section 2. Program Requirement. 

(1) A relative whose home is being considered for placement of a child shall:

(a) Receive an approved home evaluation by Cabinet for Families and Children staff;

(b) Pass a criminal record check;

(c) Be free of a substantiated child or adult abuse or neglect report; and

(d) If there has been a conviction or substantiation on a charge other than minor traffic offenses, provide evidence of rehabilitation by submitting a character reference from:

1. A person with good standing in the community, not a relative or close friend; and

2. An employer or other person able to attest to the person's character. If rehabilitation has been sufficiently demonstrated, the service region administrator or his designee shall authorize the evaluation to continue without prejudice.

(2) Upon completion of the requirement listed in subsection (1) of this section, the cabinet and the relative shall execute a Statement of Rights and Responsibilities, incorporated by reference

(3) The responsibility of the relative shall include:

(a) Cooperation in a child support activity pursuant to 42 USC 608(a)(2); and

(b) Participation in an annual eligibility review pursuant to 921 KAR 2:040, Section 2(2)(c).

(4) The Cabinet for Families and Children shall recommend to the court that the caretaker relative be granted temporary custody of the child.

(5) The Cabinet for Families and Children shall, after a period of twelve (12) months from the date of placement:

(a) Review the placement;

(b) Draft a recommendation to the court regarding permanent custody or guardianship.

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Section 3. The Pilot Program. 

(1) The Kinship Care Pilot Program shall be initiated on October 1, 1999.

(2) Placement of a child or sibling group shall be made in a selected pilot county.

(3) After placement, if a caretaker relative changes his residence to a county not included in the selected pilot area, assistance shall continue through coordination of designated staff between the:

(a) Selected pilot county; and

(b) New county of residence.

(4) The cabinet shall expand the Kinship Care Program, to the extent funding shall be available, until statewide implementation is completed.

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Section 4. Financial and Eligibility Criteria. 

(1) The monthly payment scale and child's income limit shall be as follows:

Number of Eligible Children

Monthly Payment and

Income Limit

1 Child

$ 300

2 Children

$ 600

3 Children

$ 900

4 Children

$1,200

5 Children

$1,500

6 or More Children

1,800

(2) The resource limit and countable resources of the child shall be the same as a K-TAP child pursuant to 904 KAR 2:016, Section 2.

(3) Except for the income limit in subsection (1) of this section, countable income of the child shall be the same as a K-TAP child pursuant to 904 KAR 2:016, Section 4(3).

(4) The child shall meet technical eligibility requirements pursuant to 904 KAR 2:006.

(5) The child shall be eligible for payment until the child:

(a) Leaves the home of the relative; or

(b) Has attained the age of nineteen (19) and is no longer a full-time student in:

1. Elementary school;

2. Secondary school; or

3. An equivalent level of vocational or technical school.

(6) A one (1) time start-up amount of up to $500 per child shall be provided for the purpose of supplying each child's immediate need for:

(a) Clothing;

(b) School supplies;

(c) Additional furniture;

(d) A deposit for a larger apartment; or

(e) Other items or services needed to assist the child in establishing himself in the new environment, as determined by the Cabinet for Families and Children.

(7) A caretaker relative shall be excluded from the Kinship Care case.

(8) Income or resources of a caretaker relative shall be disregarded.

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Section 5. Support Services. 

(1) The Cabinet for Families and Children shall make available to a caretaker relative when needed:

(a) A child care subsidy pursuant to 922 KAR 2:160; and

(b) Respite child care.

(2) Family counseling shall be provided to the child and caretaker relative, if needed, as determined by the cabinet.

(3) Referral to an available support group shall be provided for the caretaker relative, if requested.

(4) A case-management service shall be supplied to the caretaker relative and child through the Cabinet for Families and Children for a at least twelve (12) months.

(5) A caretaker relative shall be referred to available parenting training.

Section 6. Incorporated by Reference. 

(1) "Kinship Care Program Statement of Rights and Responsibilities (8/99)", is incorporated by reference.

(2) This material may be inspected, copied, or obtained at the Cabinet for Families and Children, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (26 Ky.R. 293; Am. 624; eff. 9-15-99.)

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