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

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) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.