Any type of formal adjudicatory proceeding conducted by an agency as required or permitted by statute or regulation to adjudicate the legal rights, duties, privileges, or immunities of a named person.
A child whose health or welfare is harmed or threatened with harm when the parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045, or other person exercising custodial control or supervision of the child:
- Inflicts or allows to be inflicted upon the child physical or emotional injury as defined in KRS 600.020 by other than accidental means;
- Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means;
- Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to alcohol and other drug abuse as defined in KRS 222.005(12);
- Continuously or repeatedly fails or refuses to provide essential parental care and protection for the child, considering the age of the child;
- Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child;
- Creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child;
- Abandons or exploits the child; or
- Does not provide the child with adequate care, supervision, food, clothing, shelter, and education or medical care necessary for the child's well-being. A parent or other person exercising custodial control or supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child; or
- Fails to make sufficient progress toward identified goals as set forth in the court approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the cabinet and remaining in foster care for fifteen (15) of the most recent twenty-two (22) months.
- A person twenty-one (21) years of age or older who commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon a child less than sixteen (16) years of age.
A youth who resides in the home of an individual who applies for approval or has been approved to provide foster and adoptive services; is age twelve (12) through age seventeen (17); and is not placed in the home by a state agency.
The legal process by which a child becomes the child of a person or persons other than biological parents.
Establishes goals of safety, permanency, child well being and outcomes in the areas of safety and stability while in placement. Permanency is to be achieved in a limited amount of time while engaging appropriate physical, mental and educational services for children served. In order to meet ASFA goals and achieve its outcomes, adoption services must:
- Consider the needs of birth parents;
- Focus on the child and his/her need for safety, permanency and well-being;
- Recognize the critical role of foster parents; and
- Prepare, select and support adoptive parents.
Payment of a monthly maintenance to assist in meeting the special needs of a child whom was placed by the Cabinet. Assistance may also include payment of nonrecurring adoption expenses and reimbursement of extraordinary medical expenses.
An agreement setting forth the scope and limits of the adoption assistance signed by the adoptive parents and the Secretary of the Cabinet or designee.
The discontinuance of a child’s placement after signing of adoption placement agreement with a prospective adoptive family and prior to the finalization/legalization of the adoption.
The discontinuance of an adoption at any point in time after the adoption has been finalized/legalized.
The decree of the Circuit/Family Court granting and legalizing/finalizing the adoption.
The decree of the Circuit/Family Court granting and legalizing/finalizing the adoption.
- A person eighteen (18) years of age or older who has a mental or physical dysfunction, is not able to manage their own money or resources, or carry out the activities of living, or is not able to protect themselves from a neglectful or a hazardous or abusive situation if they do not have the assistance from others and who may be in need of some type of protective services;
- A person without regard to age who is the victim of abuse and neglect that is inflicted by the spouse; or
- A person in an ongoing, cohabiting and intimate relationship who is eighteen (18) years of age or older and the victim of alleged abuse by a partner. (Ireland v Davis, Ky. App., 957 S. W. 2nd 310 (1997)).
An adult who resides in the home of an individual who applies for approval to provide foster or adoptive services, and is age eighteen (18) of age or older.
The infliction of physical pain, mental injury, or injury of an adult.
An individual or institution who has the responsibility for the care of the adult as a result of family relationship, or who has assumed the responsibility for the care of the adult person voluntarily, or by contract, or agreement.
A SSW discovers during the course of an investigation, or through a routine service contact, that a spouse/partner was the victim of spouse/partner abuse, neglect, or exploitation, and the incident was not previously reported through the Department’s intake process. The SSW uses the same standards for a finding of found and substantiated as for a substantiated finding.
Used for spouse/partner abuse reports when:
- The location of the victim is known,
- All steps for initiating contact with the victim have been attempted and documented, and
- The SSW was unable to make contact with the alleged victim.
Includes, but is not limited to, a personal interview with the individual reported to be abused, neglected, or exploited. When abuse, or neglect is allegedly the cause of death, a coroner's or doctor's report will be examined as part of the investigation.
Acts which cause or are intended to cause physical harm and may include, but are not limited to:
Forced sexual relations, including rape, forced sex with others, animals or foreign objects; and,
Unwanted fondling or touching.
SSW determined that an adult was the victim of spouse/partner abuse, neglect, or exploitation. A substantiated finding is made as a result of a personal interview with the victim and one of the following conditions:
An interview with the alleged perpetrator, when conducting an interview does not pose a threat to the victim, in which the individual admits to abusing, neglecting, or exploiting the victim;
A preponderance of evidence based on the presence of strong evidentiary or supportive facts, such as medical evidence, observation of injuries or witness testimony; or,
There is an adjudication resulting from the abuse, neglect or exploitation, (e.g., DVO or criminal adjudication [does not include EPO]).
Used when the SSW has been unable to locate an alleged victim, after repeated, diligent efforts.
Used when contact with the alleged victim reveals no evidence, fact(s), indicator(s) or justification for suspicion of spouse/partner abuse, neglect, or exploitation.
Adoptions planned and handled by any licensed child-placing adoption agency.
The existence of one (1) or more of the following conditions:
- The parent has not attempted or has not had contact with the child for a period of not less than ninety (90) days;
- The parent is incarcerated and will be unavailable to care for the child for a period of at least one (1) year from the date of the child's entry into foster care and there is no appropriate relative placement available during this period of time;
- The parent has sexually abused the child and has refused available treatment;
- The parent has been found by the cabinet to have engaged in abuse of the child that required removal from the parent's home two (2) or more times in the past two (2) years; or
- The parent has caused the child serious physical injury.
A level of care, licensed by the Division of Health Care Services, as follows:
Skilled nursing facility (SNF);
Nursing facility (NF);
Intermediate care facility (ICF);
Personal care home (PCH);
Family care home (FCH); and
Intermediate Care Facility for the Mentally Retarded (ICF-MR).
A periodic joint evaluation process used by DCBS and resource home parents to assess the changes in the family, review the family's ability to meet the needs of children, and determine continuing compliance with standards and expectations.
The infliction of physical injury, sexual abuse, unreasonable confinement, intimidation or punishment that results in physical pain or injury, including mental injury.
The infliction of mental anguish caused by actions or verbal assaults against an adult's well-being that may result in an adverse change in behavior in the adult. The abuse can be spontaneous, protracted or systemic efforts to dehumanize the adult while instilling fear.
A child who has repeatedly failed to follow the reasonable directives of his or her parents, legal guardian, or person exercising custodial control or supervision other than a state agency, which behavior results in danger to the child or others, and which behavior does not constitute behavior that would warrant the filing of a petition under KRS Chapter 645.
A person or entity who, on behalf of the Cabinet for Health and Family Services and other than in the capacity of workforce staff: performs or assists in the performance of a function or activity that involves the use or disclosure of protected health information (PHI), or; provides legal, actuarial, accounting, consulting, data aggregation, management, administrative, accreditation, or financial services.
Cares for a child in the custody of the Cabinet approved by Cabinet staff as a care plus child because the child:
- Is due to be released from a treatment facility;
- Is at risk of being placed in a more restrictive setting;
- Is at risk of institutionalization;
- Has experienced numerous placement failures;
- Has an emotional or behavioral problem; or
- Displays aggressive, destructive, or disruptive behaviors.
Care Plus resource parents coordinate treatment services with community providers as developed with the Social Service Worker (SSW).
The deprivation by a caretaker of services, which are needed to maintain health and welfare. The caretaker arrangement can be formal (e.g., contractual, institution, etc.) or informal (e.g., voluntary agreement with family member, friend, etc.). The caretaker neglect can be either "passive" (unintentional) or "active" (intentional) in nature related to the provision of services (e.g., food, clothing, shelter, social contact, personal needs, medical care, etc.) and may include, but is not limited to:
- Lack of adequate food or health related services due to the caretaker's inadequate skills or knowledge;
- Abandonment or lack of supervision;
- Unmet personal or medical needs, including bedsores, malnourishment, dehydration, inappropriate clothing, poor hygiene, uses medicines incorrectly, lack of food or inadequate food;
- Withholding or deprivation of food/water or health services;
- Over medicating or under medicating;
- Forcing isolation;
- Not obtaining needed mental health or medical services/treatment; or
- Permitting unnecessary pain.
A document identifying decisions made by the cabinet, for both the biological family and the child, concerning action which needs to be taken to assure that the child in foster care expeditiously obtains a permanent home.
A cabinet file of specific documents and a running record of activities pertaining to the child.
Any person who has not reached his eighteenth birthday, unless otherwise provided.
Any child care center which provides full or part-time care, day or night, to at least seven (7) children who are not the children, grandchildren, nieces, nephews, or children in legal custody of the operator. A child care center does not include any child care facility operated by a religious organization while religious services are being conducted, or a youth development agency.
Any facility or group home other than a state facility, Department of Juvenile Justice contract facility or group home, or one certified by an appropriate agency as operated primarily for educational or medical purposes, providing residential care on a twenty-four (24) hour basis to children not related by blood, adoption, or marriage to the person maintaining the facility.
Any agency licensed by the Cabinet, which supervises the placement of children in foster family homes or child-caring facilities or which places children for adoption.
Preventive and corrective services directed toward:
- Safeguarding the rights and welfare of an abused, neglected or dependent child;
- Assuring for each child a safe and nurturing home;
- Improving the abilities of parents to carry out parental responsibilities;
- Strengthening family life; and assisting a parent or other person responsible for the care of a child in recognizing and remedying conditions detrimental to the welfare of the child.
An individual or institution who has the responsibility for the care of the adult as a result of family relationship, or who has assumed the responsibility for the care of the adult person voluntarily, or by contract, or agreement.
- Of collecting information and evaluating risk factors to determine if a child has been abused or neglected, or is dependent;
- Based upon the initial determination that moderate to high risk factors exist.
Includes, but is not necessarily limited to, any contacts or interactions in which the parent, guardian, or other person having custodial control or supervision of the child or responsibility for the welfare of the child, uses or allows, permits, or encourages the use of the child for the purposes of the sexual stimulation of the perpetrator or another person.
A verified statement setting forth allegations in regard to the child which contain sufficient facts for the formulation of a subsequent petition.
- An admission of abuse, neglect, or dependency by the person responsible; or
A judicial finding of child abuse, neglect, or dependency; or
A preponderance of evidence exists that abuse, neglect, or dependency was committed by the person alleged to be responsible.
An agency that advocates on behalf of children alleged to have been abused; that assists in the coordination of the investigation of child abuse by providing a location for forensic interviews and medical examinations, and by promoting the coordination of services for children alleged to have been abused; and that provides, directly or by formalized agreements, services that include, but are not limited to, forensic interviews, medical examinations, mental health and related support services, court advocacy, consultation, training, and staffing of multidisciplinary teams.
An Order of Judgment Terminating Parental Rights (TPR) granting permanent custody of a child to the Cabinet or another child-placing adoption agency until permanency or majority is achieved for a child.
A facility with more than eight (8) beds designated by the Department of Juvenile Justice or the cabinet for the treatment of mentally ill children. The treatment program of such facilities shall be supervised by a qualified mental health professional.
An order of the court which places a child under the custodial control or supervision of the Cabinet for Health and Family Services, Department of Juvenile Justice, or another facility or agency until the child attains the age of eighteen (18) unless the commitment is discharged under KRS Chapter 605 or the committing court terminates or extends the order.
The Cabinet simultaneously plans for reunification of a child with the birth family and permanent removal of the child if the prognosis for reunification is poor.
An individual, agency, or corporation appointed by the court to manage the financial resources of a disabled person.
The juvenile session of District Court unless a statute specifies the adult session of District Court or the Circuit Court.
Organization or individual delegated by the Administrative Office of the Courts for the purposes of placing children in alternative placements prior to arraignment, conducting preliminary investigations, and formulating, entering into, and supervising diversion agreements and performing such other functions as authorized by law or court order.
A written report, which is the responsibility of the Cabinet or designee, submitted to the Circuit/Family Court judge on a proposed adoption after the adoption petition has been filed. The purpose of the court report is to summarize the facts of the case and recommendation(s) if adoption by the petitioner is in the best interest of the child.
A set of factors that:
Jeopardizes a child's placement in a resource home; and
Creates a risk for removal of the child from the resource home to a more restrictive setting, including institutionalization.
The deprivation by a caretaker of services that are needed to maintain health or welfare. The caretaker arrangement can be formal (i.e. legal, contractual, institution) or informal (i.e. voluntary agreement with family member, friend). Caretaker neglect is related to the provision of services (i.e. food, clothing, shelter, social contact, personal needs or medical care).
DCBS receives and investigates reports that allege neglect by a caretaker of an adult who meets the definition of adult in KRS Chaper 209 Protection of Adults
Any of the following, as defined by KRS 500.08:
- A weapon of mass destruction;
- Any weapon from which a shot, readily capable of
producing death or other serious physical injury,
may be discharged;
- Any knife other than an ordinary pocket knife or
- Billy, nightstick, or club;
- Blackjack or slapjack;
- Nunchaku karate sticks;
- Shuriken or death star; or
- Artificial knuckles made from metal, plastic, or other
similar hard material.
Department for Community Based Services of the Cabinet for Health and Family Services.
Any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person exercising custodial control or supervision of the child.
The safe and temporary custody of a juvenile who is accused of conduct subject to the jurisdiction of the court who requires a restricted environment for his or her own or the community’s protection.
A severe, chronic disability of a person which:
Is attributable to a mental or physical impairment or combination of mental and physical impairments, including pervasive developmental disorder.
Is manifested before the person attains age twenty-two (22);
Is likely to continue indefinitely;
Results in substantial functional limitations in three (3) or more of the following areas of major life activity:
Receptive and expressive language;
Capacity for independent living; and
Economic self-sufficiency; and
Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.
A legal, not a medical disability, and is measured by functional inabilities. It refers to any person fourteen (14) years of age or older who is:
Unable to make informed decisions with respect to his personal affairs to such an extent that he lacks the capacity to provide for his physical health and safety, including but not limited to health care, food, shelter, clothing, or personal hygiene; or
Unable to make informed decisions with respect to his financial resources to such an extent that he lacks the capacity to manage his property effectively by those actions necessary to obtain, administer, and dispose of both real and personal property. Such inability shall be evidenced by acts or occurrences within six (6) months prior to the filing of the petition for guardianship or conservatorship and shall not be evidenced solely by isolated instances of negligence, improvidence, or other behavior.
Provides information regarding professional development opportunities for day care staff and other child care professionals, as well as coordinates several subsidy programs.
Kentucky's regulatory agency for licensing, reviewing, and monitoring, all day cares, long-term care facilities, and child adoption/child-placing agencies in the commonwealth.
Drug testing is done through a nine (9) panel test with Oxycodone.
A nine (9) panel includes testing for the following items:
An adult is living in conditions, which present a substantial risk of death or immediate and serious physical harm to self or others.
Services provided to an adult in an emergency.
A group home, private residence, foster home, or similar homelike facility, which provides temporary or emergency care of children and adequate staff and services consistent with the needs of each child.
Emergency shelter foster care services are provided to a child age twelve (12) and above who needs immediate, unplanned care for less than fourteen (14) days.
An injury to the mental or psychological capacity or emotional stability of a child as evidenced by a substantial and observable impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child’s age, development, culture, and environment as testified to by a qualified mental health professional.
Obtaining or using another person’s resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources.
A person who is or has been committed to the Cabinet as dependent, neglected or abused, eighteen (18) years of age to nineteen (19) years of age, and who is requesting to extend or reinstate his or her commitment to the Cabinet in order to participate in state or federal educational programs or to establish independent living arrangements.
The improper use of an adult’s resources for the profit or advantage of another person which can be accomplished by force, through misrepresentation, threats, coercion or deception.
DCBS receives and investigates reports that allege exploitation of an adult who meets the definition of adult in KRS, Chapter 209 Protection of Adults.
A home that meets the requirements and provides services established in 902 KAR 20:041.
An owner, operator, or person who provides care for pre-school children, school aged children, or both, inside their own home for less than twenty-four (24) hours per day who is Certified for operation by the DCBS Division of Child Care under 922 KAR 2:100 to care for six (6) or fewer children who are not the children, siblings, stepchildren, grandchildren, nieces, nephews, or children in legal custody of the provider.
A spouse, including a former spouse, a parent, a child, a stepchild, or any other person related by consanguinity or affinity within the second degree, as defined by KRS 403.720(2).
A process of collecting information and evaluating risk factors in order to determine strengths and needs of a family.
Any weapon which will expel a projectile by the action of an explosive, as defined by KRS 237.060 and 527.010.
Nonalcoholic beverages and food purchases at the grocery, convenient and specialty stores, restaurants, and household expenditures on school meals.
The provision of temporary twenty-four (24) hour care for a child for a planned period of time when the child is:
- Removed from parents or person exercising custodial control or supervision of the child and subsequently placed in the custody of the cabinet; and
- Placed in a foster home or private child-caring facility or child-placing agency but remains under the supervision of the cabinet.
A private home in which children are placed for foster family care under supervision of the cabinet or a licensed child-placing agency.
The written contract, OOHC 111, and supplement, OOHC 111A, which details mutual expectations of DCBS and the resource home for the twenty-four (24) hour care of a child.
An investigatory finding of physical abuse, sexual abuse, neglect or dependency not originally reported by the referral source but was found and substantiated during the investigation.
A voluntary preventive service aimed at assisting:
- An adult to attain and function at the highest level of self-sufficiency and autonomy; and
- In maintaining the adult in the community.
Any individual, agency, or corporation appointed by the court to have full care, custody, and control of a disabled person and to manage the financial resources of the disabled person.
A Federal Act to amend the Internal Revenue Code of 1986 to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud and abuse in health insurance and health care delivery. HIPAA provides the first comprehensive federal protection for the privacy of health care information.
Any concern communicated by a person questioning any act or failure to act relating to an individual's rights to access to his/her health information, to maintain the privacy of his/her health information, to request restrictions on uses or disclosures of his/her PHI, to request confidential communications regarding his/her PHI, to request amendment of his/her PHI, or to receive an accounting of disclosures of his/her PHI.
A health plan, a health care clearinghouse, or a health care provider that transmits any health information in verbal, written or electronic form relating to any covered transaction.
Release, transfer, and provision of access to or divulging in any other manner of information outside the entity holding the information.
A governmental agency or authority, or a person or entity acting under a grant of authority from or a contract with such a public agency, including the employees or agents of the public agency, its contractors and those to whom it has granted authority, that is authorized by law to oversee the public or private health care system or government programs in which health information is necessary to determine eligibility or compliance.
Individually identifiable health information related to past, present or future physical or mental health or condition of an individual, provision of health care to an individual or the past, present or future payment for health care provided to an individual.
Includes all of the following:
- Treatment - The provision, coordination, or management of health care and related services, consultation between providers relating to an individual, or referral of an individual to another provider for health care.
- Payment - Activities undertaken to obtain or provide reimbursement for health care, including determinations of eligibility or coverage, billing, collection activities, medical necessity determinations and utilization review.
- Health Care Operations - Includes functions such as quality assessment and improvement activities, reviewing competence or qualifications of health care professionals, conducting or arranging for medical review, legal services and auditing functions, business planning and development, and general business and administrative activities.
The sharing, employment, application, utilization, examination or analysis of identifiable health information within an entity that maintains such information.
Employees, volunteers, trainees and other persons whose conduct, in the performance of work for the Division of Protection and Permanency (DPP), its offices, programs or facilities, is under the direct control of DPP, office, program or facility, regardless of whether they are paid by the entity.
A person actively licensed as a:
- Physician as defined by KRS 311.720(9);
- Physician’s assistant as defined by KRS 311.840(3);
- Advanced registered nurse practitioner as defined by KRS 314.011(7); or
- Registered nurse under the supervision of a physician as defined by KRS 314.011(5).
An extensive collection and retention of things or animals until they interfere with day to day functions such as home, health, family, work and social life and which causes safety and/or health hazards.
A licensed private or public facility, health care facility, or part thereof, which is approved by the cabinet to treat children. (Except for purposes of KRS Chapter 645)
The costs of shelter, utilities, household furnishings and equipment.
A degree in a clinically related field that requires a one (1) academic year practicum of as part of the educational training. The following nine (9) degrees are the industry standard for human services:
*Note: Due to the vast number of University programs, other related degrees may be applicable.
Immediate threat of injury or harm to a child. Imminent risk applies as well when there is an immediate threat of injury or harm to a child, and no interventions appear to have occurred, or will likely occur, to protect the child. Additionally, the Social Service Worker (SSW) consults the Family Services Office Supervisor (FSOS) and/or requests a Utilization Review Consult (URC) to determine if a child is at imminent risk and if removal is needed for the child’s protection as specified in Standards of Practice (SOP) within twenty-four (24) hours of the initial report.
The placement of the child is arranged and made by a person or persons other than the Cabinet or a licensed child-placing adoption agency. Independent adoptions consist of two categories: relative and non-relative placements.
Activities necessary to assist a committed child to establish independent living arrangements.
- Daily Living Skills include knowledge of such items as:
- Menu planning, shopping, cooking and serving;
- Basic laundry and house cleaning;
- Basic health care and personal hygiene;
- Accessing local community resources;
- Developing appropriate leisure time activities;
- Basic money management and consumerism;
- Basic employment; and
- Basic housing.
- Soft skills includes knowledge of such items as:
- Anger management;
- Time management;
- Positive attitudes and communication;
- Positive self-concept and self-esteem;
- Development of good interpersonal relationships;
- Self-control; and
- Social etiquette.
Services provided to youth to assist them in the transition from the dependency of childhood to living independently.
A federal law that regulates placement proceedings involving “Indian” (Native American) children. If the child is a member of a tribe or eligible for membership in a tribe, the family has the right to protection under the ICWA. These rights apply to any child protective case, adoption, guardianships, termination of parental rights action, runaway or truancy matter or voluntary placement of children.
An agreement reached among the parties, with consultation, but not the consent, of the victim of the crime or other persons specified in KRS 610.070 if the victim chooses not to or is unable to participate, after a petition has been filed, which is approved by the court, that the best interest of the child would be served without formal adjudication and disposition.
Any visit that takes place at the current residence of an individual, including but not limited to homeless shelters, domestic violence shelters, prisons, etc. The visit may only be accepted as meeting Standards of Practice (SOP) requirements if the visit accomplishes case-specific intervention tasks, as well as:
- Providing the family with information about their child, especially placement and well-being issues;
- Conducts initial and ongoing family assessments;
- Reviews the family’s progress toward accomplishment of their case planning tasks, goals, and those of other service providers;
- Evaluates the family’s visitation with the child;
- Preparing for a Case Planning Conference, Periodic Review, or Court Hearing;
- Obtaining additional assessment and/or planning information; and
- Preparing an Aftercare Plan, when appropriate.
An evaluation of risk factors using the CPS Multiple Response Matrix to determine immediate safety and risk of harm resulting in a decision whether to proceed with:
- An investigation; or
- A family-in-need-of-services assessment.
Face-to-face contact with a reported victim within timeframes. When a physical attempt to locate the alleged victim is not achieved within the required time frames, the record must identify that “legitimate” attempts were made to locate the alleged victim, i.e. negative home visits, collateral contacts such as family support for verification of address, utility company, etc. or visits to a school, if appropriate, or visits to resource homes. Document when face-to-face contact was made (If all FSW efforts, to locate the victim(s) failed, FSOS must be contacted within twenty-four (24) hours for consultation, including weekends).
The actor's conscious objective is to cause that result or to engage in that conduct.
A report of an evaluation of a respondent performed pursuant to the provisions of KRS 387.540 to determine whether the respondent is partially disabled or disabled.
An adult relative or friend of the respondent or ward, an official or representative of a public or private agency, corporation, or association concerned with the welfare of the respondent or ward, or any other person found suitable by the court.
A licensed intermediate care facility for individuals with mental retardation or a developmental disability, as defined by 907 KAR 1:022.
The Compact which has the force of law within and among the member states. It provides for uniformity and consistency of policy and procedures when a family in another state adopts a child with special needs, or the adoptive family moves to another state.
The statutory law in all fifty-two (52) member jurisdictions and a binding contract between member jurisdictions. The ICPC establishes uniform legal and administrative procedures governing the interstate placement of children.
A physically secure facility, approved by the Department of Juvenile Justice, which is an entirely separate portion or wing of a building containing an adult jail, which provides total sight and sound separation between juvenile and adult facility spatial areas and which is staffed by sufficient certified juvenile facility staff to provide twenty-four (24) hours per day supervision.
The program developed on the child's behalf is no more harsh, hazardous, or intrusive than necessary; or involves no restrictions on physical movements nor requirements for residential care except as reasonably necessary for the protection of the child from physical injury; or protection of the community, and is conducted at the suitable available facility closest to the child's place of residence. (Except for purposes of KRS Chapter 645)
An attempt at making a visit to the location where the child is believed to be located currently or where the referral source has stated the child can be located. After repeated attempts to reach the child at these locations have failed, a contact is made with a collateral that could help to verify an address or help locate the family, such as Family Support, court records, neighbors, Child Support, family members, law enforcement or other agencies who might have information.
Individual, partnership, corporation or other entity authorized to operate a child-caring facility or child-placing agency, including a board of directors and authorized person for decision making.
One who is licensed to perform of acts requiring knowledge and skill such as are taught or acquired in approved schools for practical nursing, as defined in KRS 314.011(9):
- The observing and caring for the ill, injured, or infirm under the direction of a registered nurse, a licensed physician, or dentist;
- The giving of counsel and applying procedures to safeguard life and health, as defined and authorized by the board;
- The administration of medication or treatment as authorized by a physician, physician assistant, dentist, or advanced registered nurse practitioner and as further authorized or limited by the board which is consistent with the National Federation of Licensed Practical Nurses or with Standards of Practice established by nationally accepted organizations of licensed practical nurses;
- Teaching, supervising, and delegating except as limited by the board; and
- The performance of other nursing acts which are authorized or limited by the board and which are consistent with the National Federation of Practical Nurses' Standards of Practice or with Standards of Practice established by nationally accepted organizations of licensed practical nurses.
A therapeutic process, which helps the child to discover his/her history and identity in simple, age appropriate terms to better enable the child to accept his/her permanency outcome throughout the child's life. The lifebook is usually developed in the form of a scrapbook, with pictures, drawings, and children’s narratives of their experience and their feelings about these experiences. Although the use of lifebooks originated within adoption, they are required for all children in out-of-home care.
An individual, agency, or corporation appointed by the court to assist in managing the financial resources of a partially disabled person and whose powers and duties have been specifically enumerated by court order.
A guardian who possesses fewer than all of the legal powers and duties of a full guardian, and whose powers and duties have been specifically enumerated by court order.
Contact person who assures Medicaid receives appropriate documentation from DCBS to ensure continuance of medical benefits and to resolve any issues or questions regarding any children who qualify for Passport Health Plan and who are in the custody of the Cabinet.
A child who has a medical condition that is:
- Documented by a physician that may become unstable and change abruptly resulting in a life-threatening situation;
- Chronic and progressive illness or medical condition;
- A need for special service or ongoing medical support; or
- A health condition stable enough to be in a home setting only with monitoring by an attending:
- Health Professional;
- Registered nurse as defined by KRS
- Licensed practical nurse as defined by KRS
(May only be determined by the Medical Support Section.)
The infliction of mental anguish caused by actions or verbal assaults against a person's well being that may result in an adverse change in behavior. The abuse can be spontaneous, protracted or systematic efforts to dehumanize the person and/or instill fear and may include, but is not limited to:
- Threats of violence against victim, self or others;
- Threats with a weapon(s), including objects used as a weapon;
- Forced isolation or imprisonment;
- Involuntary placement;
- Destruction or threats to destroy property and/or pets;
- Forcing to perform degrading acts;
- Controlling activities such as sleep, eating habits, access to money or social relationships;
- Verbal assaults and attacks on the person's self esteem, including name-calling, insulting, degrading remarks, custody threats or threats to abduct/abscond with the child(ren); or
Local teams operating under protocols governing roles, responsibilities, and procedures developed by the Kentucky Multidisciplinary Commission on Child Sexual Abuse pursuant to KRS 431.600.
Federal requirements established to prohibit discrimination, whether directed at children in need of appropriate, safe homes, at prospective parents, or at previously "underutilized” communities who could be resources for placing children. The basic mandates include:
- Prohibition from delaying or denying a child’s foster care or adoptive placement on the basis of the child’s or the prospective parent’s race, color, or national origin;
- Prohibition from denying to any individual the opportunity to become a foster or adoptive parent on the basis of the prospective parent’s or the child’s race, color, or national origin; and
- Diligent recruitment of foster and adoptive parents who reflect the racial and ethnic diversity of the children in the state who need foster and adoptive homes.
An injury that, as certified by a physician, places a child in serious or critical condition.
Necessary food, clothing, health, shelter, and education.
An infant who is medically determined to be less than seventy-two (72) hours old, as defined by KRS 211.951, KRS 216B.190, KRS 405.075, and KRS 620.350.
The perpetrator meant to take the action that caused the injury. They do not necessarily need to have intent to cause the injury, such as a bruise, broken bone, or abrasion, etc. For instance, if a perpetrator hit a child with a piece of board but did not intend for the child to have a gash on his head as a result, that would not be an accident. However, if turning around to place a board on a table the person inadvertently hits a child (not realizing that the child was standing there) and causes the gash this would be accidental.
A facility which provides residents of the facility access to the surrounding community and which does not rely primarily on the use of physically restricting construction and hardware to restrict freedom.
Defined by 907 KAR 1:022, Section 1(9).
A synthetic opiate similar to morphine and must be tested separately. This group of controlled prescription pain medications includes:
- Roxicodone®; and
- Roxicodone® Intensol®
The biological or adoptive mother or father of a child.
An individual who lacks the capacity to manage some personal affairs and/or financial resources, but who cannot be found to be fully disabled.
The joint assessment process used by DCBS and the applicant for the purpose of determining whether the family can serve children whom DCBS has made available for placement, and how they can best meet the needs of these children.
A relationship between a child and an adult which is intended to last a lifetime, providing commitment and continuity in the child's relationships and a sense of belonging.
A person or agency that has assumed the role and responsibility of a parent or guardian for the child, but does not necessarily have legal custody of the child.
Defined by KRS 216.750(2).
A person who has authority under applicable law to make decisions related to health care and other needs on behalf of an adult or an emancipated minor, or the parent, guardian, or other person acting in loco parentis who is authorized under law to make health care decisions on behalf of an unemancipated minor, except where the minor is authorized by law to consent, on his/her own or via court approval, to a health care service, or where the parent, guardian or person acting in loco parentis has assented to an agreement of confidentiality between the provider and the minor.
A verified statement, setting forth allegations in regard to the child, which initiates formal court involvement in the child's case.
A person who institutes a proceeding under KRS 387.530.
The infliction of physical pain or injury caused by the offender to the person's body. These are acts, which cause or are intended to cause physical harm and may include, but are not limited to:
- Physical assault, including pushing, kicking, hitting, slapping, punching, strangling, pinching, burning, hair pulling, shoving, stabbing, shooting, beating, battering during pregnancy, striking with an object and/or complaints of pain as a result of the assault;
- Physical restraint against one's will;
- Rough handling, including forced feeding, roughness when transferring individual from bed to chair or during bathing, etc; or,
- Inappropriate use of physical or chemical restraints.
Substantial physical pain or any impairment of physical condition.
The planned date the child and all of the child’s belongings move into the adoptive family's residence and the Adoptive Placement Agreement DCBS-195 is signed. Placement shall be based upon the needs of the individual children available for adoption and the ability of the adoptive applicants to meet these needs.
Provided by the agency completing the adoptive placement, either directly or through referral, to the adoptive parents, adopted child, or the birthparents after a child has been placed for adoption but before the adoption is legalized.
Provided to the child, the adoptive parents and/or birth parents by the agency providing adoption services or another community resources prior to the legalization/finalization of the adoption.
In order to support a finding that a particular person has committed child abuse or neglect, the evidence shall be sufficient to allow a reasonable person to conclude that it is more likely than not that:
- The child in question was abused or neglected, or is dependent; and
- The alleged perpetrator committed an act, or failed to act, as established by KRS 600.020(1).
Services designed to help maintain and strengthen the family unit by preventing or eliminating the need for removal of children from the family.
Paid employment or volunteer work in a setting where there is supervision and periodic evaluation.
Agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. These services may include, but are not limited to conducting investigations of complaints of possible abuse, neglect, or exploitation to ascertain whether or not the situation and condition of the adult in need of protective services warrants further action; social services aimed at preventing and remedying abuse, neglect, and exploitation; and services directed toward seeking legal determination of whether or not the adult in need of protective services has been abused, neglected, or exploited and to ensure that the adult obtains suitable care in or out of the adult’s home.
A resource home application or case where the Cabinet is requesting for the home to "provide" alternative care (OOHC).
Adoptions arranged by the Cabinet.
- A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the performance of official duties;
- A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the practice of official duties, and who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.;
- A psychologist with the health service provider designation, a psychological practitioner, a certified psychologist, or a psychological associate licensed under the Provisions of KRS Chapter 319;
- A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience with mentally ill persons, or a licensed registered nurse with a bachelor's degree in nursing from an accredited institution who is certified as a psychiatric and mental health nurse by the American Nurses Association and who has three (3) years of inpatient or outpatient clinical experience in psychiatric nursing and who is currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a regional comprehensive care center;
- A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a regional comprehensive care center;
- A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth, a psychiatric unit of a general hospital, or a regional comprehensive care center; or
- A professional counselor credentialed under the provisions of KRS 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, or a regional comprehensive care center.
The exercise of ordinary diligence and care by the department to utilize all preventive and reunification services available to the community in accordance with the state plan for Public Law 96-272 which are necessary to enable the child to safely live at home.
A client case where the Cabinet has been "requested" to open for services.
A facility or group home with more than eight (8) beds designated by the Department of Juvenile Justice or the cabinet for the treatment of children.
A home in which a parent is approved by the cabinet to:
Provide foster care services for a child placed in out-of-home care by the cabinet;
Adopt a child:
Provide respite service for a family approved to care for a child under the custodial control of the cabinet; or
Provide any combination of the services outlined above.
The children residing in the family’s home such as biological and adopted children and those of extended relatives and friends who are living in the home.
Temporary care provided by a provider to:
- Provide relief to the Resource Home parents; or
- Allow for an adjustment period for the child in OOHC.
An individual alleged to be a partially disabled or disabled person.
Remedial and preventive services, which are, designed to strengthen the family unit, to secure reunification of the family and child where appropriate, as quickly as practicable, and to prevent the future removal of the child from the family.
One who is licensed to perform acts requiring substantial specialized knowledge, judgment, and nursing skill based upon the principles of psychological, biological, physical, and social sciences in the application of the nursing process in:
- The care, counsel, and health teaching of the ill, injured, or infirm;
- The maintenance of health or prevention of illness of others;
- The administration of medication and treatment as prescribed by a physician, physician assistant, dentist, or advanced registered nurse practitioner and as further authorized or limited by the board, and which are consistent either with American Nurses' Association Standards of Practice or with Standards of Practice established by nationally accepted organizations of registered nurses. Components of medication administration include but are not limited to:
- Preparing and giving medications in the prescribed dosage, route, and frequency, including dispensing medications only as defined in subsection of KRS 314.011(17)(b);
- Observing, recording, and reporting desired effects, untoward reactions, and side effects of drug therapy;
- Intervening when emergency care is required as a result of drug therapy;
- Recognizing accepted prescribing limits and reporting deviations to the prescribing individual;
- Recognizing drug incompatibilities and reporting interactions or potential interactions to the prescribing individual; and
- Instructing an individual regarding medications;
- The supervision, teaching of, and delegation to other personnel in the performance of activities relating to nursing care; and
- The performance of other nursing acts which are authorized or limited by the board, and which are consistent either with American Nurses' Association Standards of Practice or with Standards of Practice established by nationally accepted organizations of registered nurses.
Specific items needed in a classroom to enable a child to benefit from a public education are the responsibility of the school (e.g., large print textbooks, teacher's aides, special transportation, school fees, etc.).
Certified persons under the supervision of the local public or private education agency.
The secretary of the Cabinet for Health and Family Services.
Any physically secure facility used for the secure detention of children other than any facility in which adult prisoners are confined.
A situation in which the adult is unable to perform or obtain services, which are necessary to maintain health or welfare. Self-neglect includes, but is not limited to:
Failure by the adult to address or make arrangements for his/her individual care needs;
Unmet personal or medical needs, including bedsores, malnourishment, dehydration, inappropriate clothing, poor hygiene, using medicines incorrectly, lack of food or inadequate food;
Refusing or being unable to access medical or mental health care/treatment;
Living in an unsafe environment, such as fire/safety hazard, roach/rat/insect infested dwelling or condemned building;
Living alone and in life-threatening conditions;
Being unable to manage ones own resources; or,
A new onset of confusion and/or disorientation.
Physical injury which creates a substantial risk of death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily member or organ.
Resolution of a matter not subject to review through an administrative hearing.
A matter not subject to review through an administrative hearing or service appeal.
Includes, but is not limited to, a situation in which a parent, guardian, or other person having custodial control or supervision of a child or responsible for his welfare, allows, permits, or encourages the child to engage in an act which constitutes prostitution under Kentucky law; or a parent, guardian, or other person having custodial control or supervision of a child or responsible for the welfare of a child, allows, permits, or encourages the child to engage in an act of obscene or pornographic photographing, filming, or depicting of a child as provided for under Kentucky law.
An officer who has been trained to oversee safety during clandestine laboratory operations.
A high intensity nursing care service, as defined by 907 KAR 1:022, Section 1(2).
Any employee of the cabinet or any private agency designated as such by the secretary of the cabinet or a social worker employed by a county or city who has been approved by the cabinet to provide, under its supervision, services to families and children.
A specific team utilized by the Cabinet to provide consultation to staff and families and to recruit perspective families for Kentucky’s waiting children.
A child determined by the cabinet to have a medical condition, documented by a physician, that is severe enough to require placement with a Resource Home parent who is a:
- Health professional; or
- Licensed practical nurse as defined by KRS 314.011(9).
The infliction of physical pain, injury or mental injury by an individual's spouse or cohabiting partner. Spouse or partner abuse may take many forms and varies with respect to the frequency and severity of the violence.
The deprivation of services needed for health and welfare and may include, but is not limited to:
- Actively prohibiting the spouse or partner from obtaining needed medical care; and
- Controlling the environment to the extent that it prohibits the person from carrying out activities of daily living.
A state citizen board created by KRS 620.310 to review cases.
A state mandate aimed at expediting the adoption process for every child whose goal is adoption.
For purposes of the title IV-E the Act, the term "sibling" means and individual who satisfies at least one of the following conditions with respect to a child:
- The individual is considered by state/tribal law to be the sibling of the child.
- The individual would have been considered a sibling of the child under state/tribal law but for a termination or other disruption of parental rights, such as the death of a parent.
A situation in which the adult is unable to perform or obtain goods or services that are necessary to maintain health or welfare. DCBS receives and investigates reports that allege self neglect of an adult who meets the definition of adult in KRS Chapter 209 Protection of Adults.
The infliction of physical pain, injury or mental injury by an adult's spouse/partner or the deprivation of reasonable services needed for health or welfare. Spouse/partner abuse may take many forms and varies with respect to the frequency and severity of the violence.
DCBS receives and investigates reports that meet the definition of adult pursuant to KRS 209A.020 Chapter 209A-Spousal Abuse or Neglect.
A documented Diagnostic Statistical Manual (DSM) therapeutic disorder, a specific medical condition, or specific community connection that demonstrates the placement would be of a therapeutic benefit to the child.
The period of a child's adjustment from a more restrictive out-of-home care placement to a resource home.
All benefits to which an eligible youth is entitled upon being granted extended or reinstate commitment to the Cabinet by the court.
A plan that is personalized at the direction of the youth that includes specific options on housing, health insurance, education, local opportunities for mentors, continuing support services and workforce supports and employment services and is as detailed as the youth may elect.
Insufficient evidence, indicators, or justification for substantiation of abuse, neglect, or dependency.
Any offense, other than a traffic infraction, for which a sentence of a fine can be imposed.
A person for whom a limited guardian, guardian, limited conservator, or conservator has been appointed.
A program with tax-exempt status under 26 U.S.C. sec. 501(c)(3), which operates continuously throughout the year as an outside-school-hours center for youth who are six (6) years of age or older, and for which there are no fee or scheduled-care arrangements with the parent or guardian of the youth served.