2018 Kentucky Revised Statutes CHAPTER 199 - PROTECTIVE SERVICES FOR CHILDREN - ADOPTION .462 Criminal background investigation of applicant to provide foster care, relative caregiver services, fictive kin placement, or adoptive home, and of applicant's adult household members -- Request for conviction information -- Form and fee for request -- Background investigation at annual reevaluation authorized -- Administrative regulation -- Rap back system.
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199.462
Criminal background investigation of applicant to provide foster
care, relative caregiver services, fictive kin placement, or adoptive home,
and of applicant's adult household members -- Request for conviction
information -- Form and fee for request -- Background investigation at
annual reevaluation authorized -- Administrative regulation -- Rap back
system.
(1)
(2)
(3)
(4)
(5)
Before an applicant is approved to provide foster care or relative caregiver
services to a child, considered a fictive kin placement for a child, or approved
to receive a child for adoption, the Cabinet for Health and Family Services
shall:
(a) Require a criminal background investigation of the applicant and any of
the applicant's adult household members by means of a fingerprint check
by the Department of Kentucky State Police and the Federal Bureau of
Investigation; or
(b) Request from the Justice and Public Safety Cabinet records of all
conviction information for the applicant and any of the applicant's adult
household members. The Justice and Public Safety Cabinet shall furnish
the information to the Cabinet for Health and Family Services and shall
also send a copy of the information to the applicant.
The request for records shall be in a manner approved by the Justice and
Public Safety Cabinet, and the Justice and Public Safety Cabinet may charge a
fee to be paid by the applicant for the actual cost of processing the request.
During a certified adoptive or foster home's annual reevaluation, the Cabinet
for Health and Family Services may:
(a) Require a background investigation for each adult household member of
the certified adoptive or foster home under subsections (1) and (2) of this
section; or
(b) Register each adult household member of a certified adoptive or foster
home under subsections (1) and (2) of this section in the rap back
system.
If a child is placed and resides in a fictive kin home for more than seventy-two
(72) hours, the Cabinet for Health and Family Services shall take action,
including but not limited to the following:
(a) Provide information on how to recognize and report child abuse or
neglect; and
(b) Ensure that, within the first five (5) days of a child under the age of five
(5) years old being placed in a fictive kin home, the fictive kin has
completed a one (1) time training course of one and one-half (1.5) hours
of training covering the prevention and recognition of pediatric abusive
head trauma, as defined in KRS 620.020.
The Cabinet for Health and Family Services shall promulgate an administrative
regulation to implement this section.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 10, sec. 2, effective June 29, 2017; and ch.
135, sec. 3, effective March 27, 2017. -- Amended 2007 Ky. Acts ch. 85, sec.
239, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 176,
effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 166, sec. 1, effective
June 24, 2003. -- Amended 1998 Ky. Acts ch. 426, sec. 138, effective July 15,
1998. -- Repealed, reenacted and amended 1988 Ky. Acts ch. 345, sec. 3,
effective July 15, 1988. -- Created 1986 Ky. Acts ch. 475, sec. 2, effective July
15, 1986.
Legislative Research Commission Note (6/29/2017). This statute was amended
by 2017 Ky. Acts chs. 10 and 135, which do not appear to be in conflict and
have been codified together.
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