2025 Kentucky Revised Statutes Chapter 199 - Protective services for children -- adoption 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 -- Disapproval of placement on sole basis of disability of prospective caregiver prohibited -- Background investigation at annual reevaluation authorized -- Administrative regulation -- Rap back system.
Universal Citation:
KY Rev Stat § 199.462 (2025)
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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 -- Disapproval of placement on sole basis of disability
of prospective caregiver prohibited -- 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.
The Cabinet for Health and Family Services shall not disapprove of any placement
or custody arrangement, including but not limited to foster care, relative caregiver
services, fictive kin placement, temporary custody, permanent custody, or adoption
on the sole basis of a disability of the prospective caregiver without considering
whether targeted adaptive or supportive services could enable the prospective
caregiver to provide essential care and protection for the child.
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.
(6)
The Cabinet for Health and Family Services shall promulgate an administrative
regulation to implement this section.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 26, sec. 2, effective June 27, 2025. -- 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.
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