The Department for Community Based Services filed seven proposed administrative regulations and amendments with the Legislative Research Commission. The administrative regulations are published online at 921 KAR
and 922 KAR
These are ordinary proposed administrative regulations and amendments that will go through the full regulatory process prior to becoming effective, anticipated to be in the summer of 2024.
Supplemental assistance program:
921 KAR 2:015, Supplemental programs for persons who are aged, blind, or have a disability.
This amendment is specific to the Mental Illness or Intellectual Disability (MI/ID) Supplement Program and increases the supplemental rate provided to participating facilities. A large portion of Section 15 relating to the MI/ID Supplemental Program certification performed by the Office of Inspector General, is being moved to the OIG administrative regulation, 902 KAR 20:036. Amendment is proposed to the incorporated form to add medical staff information.
Adult protective services:
922 KAR 5:070, Adult protective services.
922 KAR 5:120, Caregiver misconduct registry and appeals.
These amendments clarify adult protective services investigation acceptance criteria for adult abuse, neglect, and exploitation. The name of the caregiver misconduct registry is also proposed to be changed to the vulnerable adult maltreatment registry. Incorporated material is being amended to reflect the change in name of the registry.
Subsidized permanent custody permanency option for children in the state’s custody:
922 KAR 1:145, Subsidized permanent custody.
922 KAR 1:140, Foster care and adoption permanency services.
922 KAR 1:495, Training requirements for foster parents, adoptive parents, and respite care providers for children in the custody of the cabinet.
922 KAR 1:565, Service array for a relative or fictive kin caregiver.
The department is proposing to establish a new guardianship assistance program called subsidized permanent custody. This is a permanency option through which a nonparental relative or fictive kin foster parent may receive permanent custody of a child and financial assistance in caring for the child, partially paid through federal funding. This administrative regulation establishes the legal framework for the program, with additional developments to be made by the targeted implementation date in summer 2024. Other related administrative regulations are being amended for consistency.
The Department for Community Based Services (DCBS) filed two proposed administrative regulation amendments related to child care with the Legislative Research Commission. The administrative regulations are available to review online.
These are ordinary proposed amendments that are currently in the public comment period and will go through the full regulatory process prior to becoming effective, anticipated to be in early 2024.
922 KAR 2:100. Certification of family child-care homes. The amendment addresses non-compliance issues identified during a recent federal monitoring visit. The necessary amendments are requirements for certified child care homes that are required by the rules associated with the federal Child Care and Development Fund (CCDF). The amendment adds requirements for the identification of and protection from vehicular traffic; shaken baby syndrome, head trauma, and child maltreatment prevention training; emergency and response planning; handling and storage of hazardous materials and biocontaminants disposal; pediatric first aid and CPR; pre-service/orientation training for providers that addresses all required health and safety topics; and completion of ongoing training requirements for substitutes and assistants. Material incorporated by reference is being amended to request information related to additional employment and the applicant’s address. 922 KAR 2:165. Employee Child Care Assistance Partnership. The amendment adds an employee residing in Kentucky as one of the priority criteria for participation in the program and clarifies that child care providers may terminate the contract as well, pursuant to House Bill 165 from the 2023 Regular Session, codified as KRS 199.887. Materials incorporated by administrative regulation, program forms, are also being amended for ease of use, to make clarifications, to reflect that more than one child care provider may be involved in each contract, and to adjust for electronic utilization in the future.
The Department for Community Based Services filed a new administrative regulation and one regulation amendment, both relating to the Supplemental Nutrition Assistance Program (SNAP), were filed with the Legislative Research Commission. The administrative regulations are availalbe to review online. These are ordinary administrative regulations that are currently in the public comment period and will go through the full regulatory process prior to becoming effective, anticipated to be in early 2024. 921 KAR 3:027, Technical requirements. This administrative regulation establishes the technical requirements to receive SNAP, which is assistance for low-income households in purchasing eligible food products. This amendment is necessary for consistency with eligibility requirements changed at the federal level through the Fiscal Responsibility Act of 2023. The age of individuals deemed to be Able-Bodied Adults Without Dependents (ABAWDs) exempt from SNAP time limits is increasing; however, exemptions are being expanded for homeless individuals, veterans, and former foster youth through age 24. 921 KAR 3:100, Transitional benefit alternative. This administrative regulation establishes a SNAP transitional benefit period for households who lose KTAP assistance due to being ineligible as a result of increased earnings. This transition will help households and individuals overcome a benefits cliff as they increase or obtain earned income. This administrative regulation is necessary to conform to KRS 205.1783(1)(a), originally passed as House Bill 7 in the 2022 Regular Session.
The Department for Community Based Services (DCBS) filed two proposed administrative regulation amendments with the Legislative Research Commission on September 7, 2023. The amendments are available for viewing online
. These are ordinary proposed amendments that are currently in the public comment period and will go through the full regulatory process prior to becoming effective, anticipated to be in early 2024.
922 KAR 1:520, Supplements to per diem rates
. This administrative regulation establishes the criteria and process for supplements to foster home per diems specifically for caring for high-risk and parenting youth. The amendment to this administrative regulation updates the extraordinary care provisions for children in out of home care and streamlines the approval for a high-risk supplement for eligible children in out of home care in an effort to promote placement stability. This amendment is also necessary for consistency with recent amendments made to the levels of care established in 922 KAR 1:360. Material incorporated by reference, the
, is also being amended in a consistent manner.
922 KAR 2:280, Background checks for child care staff members, reporting requirements, and appeals
. This administrative regulation establishes background check requirements for child care staff members, reporting requirements, and appeals. The amendment addresses non-compliances that were identified during the Department for Community Based Services (DCBS) Division of Child Care federal monitoring visit in 2022. Non-compliances addressed within this administrative regulation includes clarifying the need for child care staff members who are minors to complete background check components. The amendment also clarifies the federal requirement to repeat fingerprint-based background checks every five years and clarifies that the cabinet (not a provider) is responsible for obtaining information needed for out of state background checks if the other state doesn’t participate in the FBI National Fingerprint File Program. The amendment to this administrative regulation also increases the administrative fee for the fingerprint-based background check from up to twenty-five dollars to up to thirty dollars. The cabinet is currently using federal child care funds to cover this cost for providers.
The Department for Community Based Services (DCBS) filed a proposed amendment to the regulation establishing standards for children’s advocacy centers, 922 KAR 1:580, with the Legislative Research Commission. The amendment is available for viewing
. This is an ordinary proposed amendment that is currently in the public comment period and will undergo public and legislative reviews prior to becoming effective.
This administrative regulation establishes the program standards for children’s advocacy centers. This amendment includes references to and provisions from the National Children’s Alliance Standards of Accreditation for Children’s Advocacy Centers for implementation through the statewide network of children advocacy centers in Kentucky. These national standards ensure that children receive consistent, evidence-based services. The department worked closely with the Children’s Advocacy Centers of Kentucky in developing this amendment.
The Department for Community Based Services (DCBS) filed proposed amendments and new regulations with the Legislative Research Commission (LRC). These will be published on the
922 KAR 2:180, Requirements for registered child care providers in the Child Care Assistance Program. This amendment addresses non-compliances that were noted during Kentucky’s federal monitoring visit conducted in 2022. The federal government has urged amendments be made in this administrative regulation for consistency with Child Care and Development Fund (CCDF) rules. Through this amendment, only relatives of children in care will be able to be approved as registered child care providers. Non-relative providers will have to become certified child care providers. The DCBS Division of Child Care (DCC) has made Family Child Care Provider grant funding available to individuals who open a new certified family child care home. The grant application is available
Because registered providers will only be relatives once effective, many requirements are being deleted from this administrative regulation, including a notice of intent to apply. 45 C.F.R. 98.42(b)(2)(ii) provides the authority for license-exempt child care providers, which includes relatives, to operate as long as they comply with health and safety standards. This includes grandparents, great grandparents, siblings (if they live in a separate residence), aunts, and uncles providing care for children related to them. Forms incorporated in this administrative regulation are also being amended to clarify that registered child care providers will be required to be related to the children in their care.
DCC-96 Application for Registered Child Care Provider in Child's Home Changes
922 KAR 1:360&E. Private child care placement, levels of care, and payment. This amendment increases the per diem rates for specific levels of care provided for children with the highest needs in the custody of the state. The annual audited cost report and time study and preliminary data from the most recent rate study have been evaluated and the Department for Community Based Services (DCBS) has determined that a mid-cycle inflation adjustment is necessary to adequately reimburse child-placing and child-caring providers. Because documentation and analysis show that this rate increase is justified and needed, federal funding will be utilized in implementing this amendment. Documentation that the department received from the Children’s Alliance requests that, “this rate increase be implemented as soon as possible as private child-caring and child-placing agencies are struggling to cover their rapidly rising costs given the swift and unprecedented inflation rates, respond to the workforce crisis that has ensued since the pandemic and meet the increased need for behavioral health services. Providers need financial relief as soon as possible…”.
Material incorporated by reference is also being amended to reflect this rate increase. The emergency version is in effect. The ordinary amendment also requires a private foster home agency to reimburse its foster homes at least what corresponding public foster homes are reimbursed for providing care. This version will undergo public and legislative review prior to becoming effective.
922 KAR 2:245 and 2:255. These administrative regulations establish the process for child care provider staff to voluntarily apply for and obtain these new child care credentials – infant and toddler and school-aged youth development. Credentials assist in increasing the professionalism in the early childhood education field. Additionally, this will help increase the quality of trainings offered across the state, as they are specialized and focused on the age group and content area of the credential. When providers take trainings tailored to the age group of children they serve, it increases the quality of care for those children and their families. New forms are incorporated in these administrative regulations.
The mission of the Department for Community Based Services is to build an effective and efficient system of care with Kentucky citizens and communities to:
- Reduce poverty, adult and child maltreatment and their effects;
- Advance person and family self-sufficiency, recovery and resiliency;
- Assure all children have safe and nurturing homes and communities; and
- Recruit and retain a workforce and partners that operate with integrity and transparency.
A human services system of care that operates with integrity and loyalty to a code of ethics requires courage to take responsibility for providing the highest quality of service to the vulnerable.
The Department for Community Based Services is an innovative, solutions-focused learning organization built on a foundation of transparency in action and with accountability for results. Both in the organization and among our partners, we thrive on a culture of respect for diversity of opinion that is nurtured through open communication.
Highly performing and committed, we are unified in our goal of excellence in achieving outcomes for those we serve with the level of quality we would demand for our own families.