Department for Community Based Services

Standards of Practice Online Manual

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First Section: 12.32 Special Expense Reimbursement for PCC or PCP Agency
Last Section: 13.45.3 Post Adoptive Placement Stabilization Services (PAPSS)

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Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual

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12.32 Special Expense Reimbursement for PCC or PCP Agency

Chapter:
Chapter 12-Resource Family Recruitment, Certification and Reimbursement
Effective:
04/1/2019
Section:
12.32 Special Expense Reimbursement for PCC or PCP Agency
Version:
4

Legal Authority/Introduction

LEGAL AUTHORITY:

  • N/A

Special expense requests have specific monetary reimbursement limits and may require prior approval. The Family Services Office Supervisor (FSOS) approves all requests requiring prior approval under $250  and the Service Region Administrator (SRA) approves all requests $250 and over requiring prior approval (*except special clothing requests as noted below). Some requests for special expense reimbursement require receipts prior to payment. The following is a list of special expenses that the Cabinet for Health and Family Services (CHFS) may reimburse, which include reimbursement limits and prior approval requirements, if applicable.

Procedure

  1. Regional billing specialists pay these expenses through The Worker Information System (TWIST):
    1. Winter holidays-If the child is to remain in the facility for the majority of the holiday break, CHFS will reimburse $60.00 for winter holiday gifts.  CHFS will not reimburse the $60.00 for winter holiday gifts if the child will be on extended home visit (two weeks or longer) during the winter holiday. No prior approval or receipts required;
    2. Birthday-CHFS will reimburse $25.00 for birthday gifts during the child’s birth month. No prior approval or receipts required;
    3. School supplies-CHFS will reimburse $35.00 for school supplies for children under age thirteen (13) and $60.00 for children age thirteen (13) and older at the beginning of the school year. No prior approval or receipts required;
    4. Lifebook expense–CHFS will reimburse $70 for start-up costs toward Lifebook expenses per child. Ongoing expense allotment is $25 every six months per child. Lifebook receipts are sent to the billing specialists for payment. Reimbursement is made to the PCC/PCP that can then reimburse their foster or adoptive home. No prior approval is necessary, but receipts are required;
    5. Senior expense-CHFS will reimburse $650.00 for senior expenses.  Examples may include, but are not limited to cap/gown, class ring, invitations, seniorpictures, year book, senior trip, prom experience (including pictures, clothing, shoes, hair,  accessories, etc.) or other senior expenses.  Regional billing staff should verify a child’s senior expense balance prior to making these purchases.   If the child does not utilize their annual school supply allotment of $60.00 at the beginning of the school year it may be used to supplement their senior expenses.  A receipt is necessary for reimbursement on each of these senior expenses.  These expenses can be used during the youth's junior year, but only if the youth is on track to graduate.  No prior approval is necessary.  Receipts are required.
    6. School pictures-CHFS will reimburse the purchase of the least expensive package of school pictures, one time per year, for children K–11.  No prior approval. Receipts are required;
    7. Initial clothing-When a child enters CHFS care for the first time and goes directly into private child caring or child placing placement, the initial clothing allotment should follow the same guidelines as the standard of practice for entering DCBS foster homes.  Prior approval and receipts are required; 1 
      The amounts are as follows:

       Birth to 1 year of age $100.00
      1 to 2 years of age $120.00
      3 to 4 years of age $130.00
      5 to 11 years of age $180.00
      12 years of age and older $290.00

    8. Expenses regarding uniforms-Expenses regarding uniforms (when applicable) are built into the daily rate received by the PCC/PCP.  No additional money is provided for uniforms.  It is the PCC’s/PCP’s responsibility to ensure that the child also has regular clothing for the duration and upon release from the program;
    9. Psychological evaluations-Prior approval must be obtained from the SRA for a psychological evaluation.  A psychological evaluation will only be covered in twelve (12) month intervals.  Court ordered psychological evaluations, when deemed medically necessary, will be billed to Medicaid.  If the psychological evaluation is not covered by Medicaid and has prior approval of the SRA, CHFS will pay the provider upon receipt of an itemized invoice from the provider of the service;
    10. Medical expenses–PCCs/PCPs should not pay for medical expenses.  The medical provider must bill Medicaid directly.  Should Medicaid deny the claim, CHFS will reimburse the medical provider upon receipt of a detailed invoice and copy of the Medicaid denial letter;
    11. Daycare services expense-When a committed infant is placed with a committed mother in a PCC/PCP, the rate for the infant is the PCC/PCP basic foster care rate of $43.00. The committed mother’s rate is reflected by the assigned level of care 1–5.  Any day care services for the infant should be covered by the infant’s per diem and are not otherwise reimbursable by CHFS. CHFS is not responsible for daycare for any committed child in a PCC/PCP placement;
    12. Recreation-CHFS does not reimburse fees associated with sports or school related activities.  These costs are reported in the PCC/PCP time study and cost report data and calculated into the per diems;
    13. Expenses regarding damage to PCC facility by foster child-Expenses associated to replace or repair damage to the PCC facility caused by the foster child are built into the daily rate received by the PCC. These costs are the responsibility of the PCC.  Expenses to replace or repair damage to the PCC facility should be included in the total PCC expenditures as part of the cost reports submitted to the Cabinet by the PCC.  These expenditures are then factored when determining the overall per diem;
    14. Expenses regarding damage to PCP foster home by foster child - Expenses associated to replace or repair damage to the PCP foster home or property caused by the foster child are built in to the daily rate received by the PCP foster parent.  DCBS is not responsible for the reimbursement of the PCP foster parent for damage caused by a foster child placed in their home. 
  2. The SRA may grant approval on a case by case basis.  If approved, the appropriate billing documentation is submitted to the Regional Billing Clerk for payment. Prior approval and receipts are required.

Footnotes

  1. CHFS may allow additional clothing money in the event of extenuating circumstances such as growth spurts, sudden weight loss or gain, or loss of clothing due to placement changes. The FSOS may approve a special clothing purchase up to $100.  The SRA may approve a special clothing purchase of $100.01 - $250.00.  The approval is based on the individual need of the child and must follow the special expense request process.  Prior approval and receipts are required.

12.33 Unpaid Expenses and Debt Collections

Chapter:
Chapter 12-Resource Family Recruitment, Certification and Reimbursement
Effective:
04/1/2019
Section:
12.33 Unpaid Expenses and Debt Collections
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

Throughout a child’s stay in out of home care, they will be encouraged to participate in extracurricular activities and will receive regular physical, mental and dental health care.  As a result of this, sometimes expenses for these children are accidentally overlooked or billed incorrectly, which could result in a foster parent being billed directly or being sent to a collection agency, as the responsible party for the child.  When this occurs, the SSW follows the procedures in this SOP for guidance.   

Procedure

For Unpaid Medical Expenses

If a foster parent receives a delinquent bill or a collection letter, for a Medicaid eligible service, regarding a child currently or formerly placed with them in foster care, the SSW:

  1. Obtains a copy of the bill/letter from the foster parent;
  2. Sends the bill/letter, via fax/mail/e-mail to the appropriate managed care organization or Medicaid.  
  3. Includes a statement with the bill/letter that the child is a managed care organization member or Medicaid member who was billed or balance billed for a covered service and lists the date of service.
  4. If the managed care organization or Medicaid refuses to cover the outstanding debt, because it is too far past due, the SSW sends the bill/letter to the regional billing specialist, who submits a special expense request to the Division of Administrative and Fiscal Management (DAFM) for final approval/denial.

For Unpaid Extracurricular Activities or Functions

If a foster parent receives a delinquent bill or a collection letter, for anything other than a Medicaid eligible service, regarding a child placed with them in foster care, the SSW:

  1. Obtains the bill/letter from the foster parent;
  2. Confirms that the expense in question was an agency approved item;
  3. Sends the bill/letter to the regional billing specialist if this is an expense that the agency agreed to cover.
  4. The billing specialist submits a special expense request to DAFM for final approval/denial. 

13.1 Introduction to Adoption Services

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.1 Introduction to Adoption Services
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

  • N/A

Adoption is defined as the legal process that establishes a parent/child relationship between persons who are not related by birth, with the same mutual rights and obligations that exist between children and their biological parents.  However, those persons involved in the adoption process know that it is much more than a legal contract.  It is a complex social and emotional experience of losses and gains for all parties involved.

The Cabinet plays a specific role in providing services in various types of adoption procedures including public agency adoptions, licensed child placing agency adoptions, relative and non-relative adoptions, as well as independent (private) adoptions.

 

13.2 Child Freed for Adoption Procedure

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2019
Section:
13.2 Child Freed for Adoption Procedure
Version:
5

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The SSW:

  1. Creates a permanency/agency case for the child which is approved by the SSW’s FSOS; 1   
  2. Completes a new assessment for the child and pastes the content into service recordings, once the agency case is approved; 2
  3. Updates the DPP-AC-1-Transmittal Memorandum for Presentation Summary Packet and presentation summary in TWIST;
  4. Submits one (1) full copy with attachments to the central office records section, no later than ten (10) working days after parental rights have been terminated or the child is otherwise legally free for adoption; 
  5. Refers the case to the Child Focused Recruitment Model (CFRM) recruiter if the child(ren):
    1. Is determined to be eligible as special needs, in accordance with 42 U.S.C. sec. 673;
    2. Has a goal of planned permanent living arrangement (PPLA) or long term foster care;
    3. Is on extended commitment and parental rights have been terminated; or
    4. Has adoption as the case plan goal and an adoptive resource has not been identified;
  6. Or designated regional office staff may conduct a matching search in TWIST to identify a prospective adoptive family upon completion of the presentation summary; and   3  
  7. Receives from the recruitment and certification (R&C) worker home study narratives of families identified as a match to be used for selection of the family best suited to meet the needs of the child(ren).  

Practice Guidance
 

  • One (1) copy of the updated presentation summary is submitted to the central office records section by the SSW within ten (10) days of the changes being made.
  • The child’s worker and/or designated regional office staff may run a new adoptive placement search as determined by the needs of the child and expedited permanency options. This is completed on an ongoing basis and simultaneously with the CFRM, if appropriate.

Footnotes

  1. This occurs after the presentation summary narrative is completed in the case of origin.
  2. The agency case opens in the ongoing function; this is the reason that a new assessment must be completed upon opening the case. The presentation summary may also be completed by a recruiter if the case is being worked in accordance with CFRM.
  3. The SSW or CFRM recruiter may also review narratives of identified families in TWIST.  Selection of an adoptive family is done in compliance with the Indian Child Welfare Act (ICWA) and Multi Ethnic Placement Act (MEPA).

13.3 Adoption Review Committee

Chapter:
Chapter 13-Adoption Services
Effective:
09/14/2018
Section:
13.3 Adoption Review Committee
Version:
3

Legal Authority/Introduction

 
 
 

LEGAL AUTHORITY:

 
 
 
 
 
 

The mission of the adoption review committee is to expedite the achievement of pemanency for children in out-of-home care.  This data is captured in the TWIST screens.

 
 
 

Procedure

 
 
 
  1. The service region administrator (SRA) or designee establishes an adoption review committee, which includes a permanency lead, for every child whose goal is adoption.
  2.  
  3. The permanency lead ensures that data is collected and updated for each child in their region whose goal is adoption.
  4.  
  5. The permanency lead, upon notification of the goal change, convenes the initial meeting of the child’s adoption review committee for cases in which an adoptive home has not been identified. 
  6.  
  7. The adoption review committee and permanency lead:
  8.  
    1. Monitors the progress of the child's case through termination of parental rights (TPR) and adoption finalization by conducting adoption review committee meetings to coincide with out of home care case consultations conducted by the regional office designee;
    2. Identifies barriers that will delay or impede the timely adoption of the child including:
      1. Biological family issues;
      2. Absent parent search;
      3. Court issues;
      4. Foster parent adoption issues;
      5. Sibling issues;
      6. Unresolved separation and loss issues;
      7. Adoptive family issues;
      8. Appeals process;
      9. Internal system issues; and
      10. Disruptions or any other identified barrier;
    3. Utilizes resources and develops an action plan to eliminate barriers to permanency for each child;
    4. Adheres to policies regarding Indian Child Welfare Act (ICWA) and the Multi-Ethnic Placement Act (MEPA);
    5. Conducts a review of the child's history and considers potential adoptive resources;
    6. Consults with Child Focused Recruitment Model (CFRM) and adoption branch staff, when a child has no identified adoptive family, to coordinate recruitment efforts and ensures a Kentucky Adoption Profile Exchange (KAPE) referral is completed according to SOP 13.14 Referral of a Child to the KAPE;
    7. Refers unresolved barriers or issues to the regional continuous quality improvement (CQI) teams, SRA or designee or central office staff as appropriate; and
    8. Completes data entry in TWIST and reviews permanency data with regional management staff to identify regional trends and improve service delivery.
     
  9. The SSW documents:
  10.  
    1. All information from the adoption review committee meetings in the case record (TWIST screens); and
    2. Efforts to explore placement options for the child including foster parent adoption.

Practice Guidance

  • The initial adoption review committee meeting may occur immediately following the case planning conference when a child’s goal is being changed to adoption.  The adoption review committe for the child may be different than the regional adoption committee identified by the SRA or designee.  The adoption review committee consists of, but is not limited to the following members:
    • Adoption review committee permanency lead;
    • Social service worker (SSW);
    • Family services office supervisor (FSOS);
    • CFRM recruiter and/or FSOS;
    • Recruitment and certification (R&C) family services office supervisor; 
    • Regional foster/adoption specialist;
    • Regional attorney;
    • Foster parents, private child placing agency (PCP) foster parents and staff;
    • KAPE specialists, if a foster parent adoption is not proposed; and
    • Other appropriate persons, including therapists, etc.

13.4 Matching an Adoptive Family with a Waiting Child

Chapter:
Chapter 13-Adoption Services
Effective:
09/14/2018
Section:
13.4 Matching an Adoptive Family with a Waiting Child
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The following steps are initiated to match a family with a child available for adoption:

  1. The Kentucky Adoption Profile Exchange (KAPE) staff in central office (CO) receives current adoptive home studies for adoptive families interested in specific children registered with the KAPE program. 
  2. KAPE central office staff e-mails a copy of the family’s home study to the child’s SSW and Child Focused Recruitment Model (CFRM) recruiter to review with the adoptive review committee.
  3. The SSW contacts the adoptive family’s worker to discuss the family’s availability and suitability to meet the child’s needs.
  4. The adoption review committee reviews each adoptive family’s home study and attachments, documents their comments on the DPP-193-Adoption Review Committee Comments Form and consults/selects an appropriate adoptive family within fifteen (15) working days of receiving the home study.
  5. When the committee selects a family for consideration of adoptive referral, the SSW completes the referral in TWIST in the permanency/agency case.
  6. The SSW retains the home study and attachments of the family chosen.  
  7. The SSW sends the family’s worker (only non DCBS families) a confidentiality agreement to be given to and signed by the family. 
  8. The SSW should verbally share as much information as known about the child’s needs and behaviors with the family and the family’s worker once he/she receives the signed confidentiality agreement. 
  9. The family’s worker and the child’s SSW discuss the placement and when both workers agree to proceed they begin planning the pre-placement conference.
  10. If making an interstate placement, the SSW follows all requirements in SOP 10 regarding making interstate adoptive placements, prior to planning or holding the pre-placement conference.  
  11. The SSW sends the presentation summary packet to the adoptive family’s R&C worker. 1
  12. The family’s recruitment and certification (R&C) worker, after reviewing the presentation summary packet, contacts the child’s SSW to discuss the placement, and when both workers agree to proceed:
    1. Contacts the adoptive family within five (5) working days either by telephone, email, or letter;
    2. Provides the adoptive family the sex, age and a brief description of the child without disclosing identifying information of the biological family (i.e. names, addresses, social security and other identifying government program numbers); and
    3. Makes an appointment to meet with the prospective adoptive family to:
      1. Request the family sign the DPP-171-Notice of Confidentiality and explain the importance of maintaining the child’s information and their biological family’s information confidential;
      2. Sign the confidentiality agreement after specifying what information has been shared with the prospective adoptive parent;
      3. Place original DPP-171 in the resource home file and a copy in the child’s agency case;
      4. Verbally share all presentation information;
      5. Encourage the adoptive parents to discuss feelings and reactions to the information;
      6. Determine if additional information is needed to assist the family in making an informed decision;
      7. Provide a copy of the presentation summary packet with all identifying information redacted to the family; 2
      8. Discuss the placement process (e.g. pre-placement conference, visitation and adoption assistance); and
      9. Offer the family time to make their decision about the referral
  13. When the family does not accept the referral, the R&C worker notifies the following staff in writing identifying the reason for non-acceptance:
    1. The FSOS for the child and the adoptive family;
    2. KAPE (if child is registered);
    3. Adoption Review Committee permanency lead; and
    4. Service region pre-placement conference chair (if applicable).
  14. The R&C worker for the adoptive family obtains all information regarding the child from the prospective adoptive family and returns it to the child’s SSW. 
  15. If any other staff has information regarding a child they also return this information to the child’s worker if the adoption is not finalized.

Practice Guidance

  • If all parties cannot agree what is in the best interests of the child(ren) regarding the adoption, including the proposed adoptive family, the referral is withdrawn in TWIST.
  • If at any time a referral does not result in a finalized adoption, all material and information related to the child will be returned to the Cabinet.

Footnotes

 

  1. Additional copies of the notification of interest can be sent to the FSOS for the child and the adoptive family, to KAPE (if child is registered), to the adoption review committee permanency lead (if child is still registered) and to the service region pre-placement conference chair (if applicable).
  2. Since confidentiality is always an issue, the entire packet is recopied with names, addresses and any other identifying information deleted.

13.6 Preparing the Child for Adoption

Chapter:
Chapter 13-Adoption Services
Effective:
09/14/2018
Section:
13.6 Preparing the Child for Adoption
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

The Cabinet's main focus is ensuring the safety, permanency and well-being of those children who are being placed for adoption.  This focus is emphasized by providing services to the child, foster parents and adoptive parents throughout the child's lifetime.  Staff should realize that adoption may become the permanency goal for any child who enters care and give optimal consideration to this possibility when selecting the first (best and last) family for the child's placement.  Utilizing best practice standards is the primary method of ensuring that the child, the foster parents and the adoptive parents successfully transition through events such as out of home placement, reunification efforts, termination of parental rights, and adoptive placement.  The skilled adoption practitioner realizes all parties in the process have endured many losses to achieve their gains e.g. the child's loss of family, friends etc., the foster parent's loss of the child (retention) and the adoptive parent's loss of the "ideal child."  Support groups, information regarding adoption issues, financial assistance, and adult adoptee search services all play role in not only facilitating the well-being of the child, but of the entire adoption triad.

Procedure

The SSW: 

  1. Explains the following to begin preparing the child for adoption:
    1. The SSW's role in the adoption process;
    2. The meaning of adoption;
    3. The child's relationship to the birth parents, grandparents, siblings, etc;
    4. The child's right to have a parent;
    5. The child's relationship to his foster parent and why he will or will not be adopted by the foster parent;
    6. The adoption recruitment process and how the child will be involved;
    7. The adoption visitation process;
    8. The pending placement; and
    9. Who makes the placement decision;
  2. Gives the original lifebook to the child once it is completed (or foster or adoptive parents if the child is too young to keep it safely); 
  3. Ensures the lifebook remains with the child if a placement change occurs;
  4. Tells the child that his/her role is to:
    1. Select an adoptive family;
    2. Help him meet the new parent(s);
    3. Visit; and
    4. Move into their home;
  5. Emphasizes the importance of adoption for children who cannot return to their birth family;
  6. Makes the child an active participant by seeking the child's input on what is important to him in an adoptive family;
  7. Develops and maintains an ongoing dialogue with the child about his adoption plan to help educate the child on the process and to determine what the child knows and feels about adoption;
  8. Explains that all children have a right to have at least one (1) parent who loves, cares and is available for them;
  9. Explains the differences between the different types of families (birth, legal, temporary and caretaking) and why children may move from one (1) to another or have more than one (1) type at a time;
  10. Discusses the choices adults make that determine if a child moves from one (1) type of family to another;
  11. Emphasizes that children do not cause these changes;
  12. Explains that adoption is one (1) of several ways a child can enter a family;
  13. Reinforces that adoption is one (1) way to make sure the child will have a parent who loves, cares for and is permanently available to the child for the remainder of childhood;
  14. Points out that the goal is for the child to have a permanent family for the rest of the child's life and that family does not end at age eighteen (18) (especially for teenagers who equate age eighteen (18) with being emancipated);
  15. Helps the child understand that everyone is committed to making the adoption work just like adults have to work to have a successful marriage;
  16. Explains the reasons why his birth parents will not be parenting him to adulthood, and that it is not his/her fault;
  17. Explains the birth parents' treatment plan and what efforts were made by the birth parents to achieve their treatment goals, as knowledge of any positive gains will help the child form a more positive identity;
  18. Helps the child understand the process that occurs when children are removed from their birth parents, including the court process;
  19. Reframes the lack of parental involvement or gains toward reunification as this may be the birth parents’ way of sanctioning the adoption plan;
  20. Reframes a voluntary termination of parental rights for the child, as the birth parents' acknowledgement that they could not care for their child and chose adoption to ensure the child would receive proper care;
  21. Completes the following tasks in order to help ease the transition for the child from foster care to adoption:
    1. Helps the child to understand the transition from foster child status to adopted child status;
    2. Assists the non-adopting foster parents in developing an explanation that is credible and understandable by the child;
    3. Coaches the foster parents to convey a concrete "permission message" for the child to do well and move into the adoptive family;
    4. Explains to the foster parents the importance of their involvement in the adoption process and includes them in all phases of the process;
    5. Encourages a spirit of cooperation between the adoptive parents and the non-adopting foster parents;
    6. Encourages post placement contact between the families to aid the child's integration into the adoptive family; and
    7. Contacts the Kentucky Adoption Program Exchange (KAPE) recruiter, or the regional adoption specialist for assistance on working with foster parents during the adoption process;
  22. Completes the following tasks in order to help a child understand that the move to an adoptive home is planned:
    1. Gives the child a basic overview of the entire adoption process with emphasis on the visitation and placement components; 1
    2. Explains to the child how the family was selected and that his input was considered;
    3. Tells the child that there is family interested in getting to know him; 2
    4. Encourages the foster parents to tell the child that they like the new family;
    5. Uses the adoptive family album to initially introduce the child to the family the SSW wants the child to meet; 
    6. Assures the child that the first visit will occur at his foster home or residential facility or where he is the most comfortable;
    7. Tells the child the visits will increase in frequency and duration;
    8. Reinforces for the child that the SSW will talk to the child, foster parents and adoptive parents about how the visits are going;
    9. Reassures the child that placement will not happen until he and his new family is determined to be ready by the SSW and the Cabinet;
    10. Allows and encourages the child to participate in the signing of the placement agreement if age appropriate; and
    11. Develops a cover story with the child to enable him to explain his adoptive placement to others and informs the foster and adoptive parents.
  23. The SSW, therapist or resource parent assists the child, if old enough, to develop the lifebook when the child first enters care.

Practice Guidance 

  • The SSW, in coordination with service providers such as the child’s therapist, must prepare all parties involved in the adoption process, especially the child.  Determining the child's ability to comprehend the adoption process requires a basic understanding of childhood development, e.g. educational, psychological, physical, or special needs.
  • One (1) of the best ways to prepare children for adoption is the development of a lifebook with the child.
  •  
    ­­­­­­­­
  • Most children free for adoption have endured abuse, neglect and abandonment, and their self-esteem is typically very low. When coupled with the fact that virtually all children in care believe they are at fault for their removal, most do not believe they deserve a permanent family.
  • Many children in care do not know the real reasons why they were removed from their birth family or why they cannot return. Without this information, the child is not likely to accept his permanency goal or commit to the adoption.
  • Helping the child understand the difference between the types of families and why children move from one (1) to another addresses the temporary nature of foster care. Since a child's sense of time is different from an adult's, the child may not view his placement with a foster family as temporary.

 

  • The child's participation in recruitment activities often exposes the child's feelings, fears and misinformation about adoption. These comments or occurrences are opportunities for the SSW to:
    • Explain to the child who is fearful about being adopted that all adoptive parents must attend classes to learn about adoption and that police records are checked to ensure that prospective parents have not hurt children or each other.
    • Reassure the reluctant older child that he/she does not have to make a decision about adoption now, but that he/she should learn more about it and decide later if he wants to meet a family who is interested in him/her; and
    • Explain to the child that potential adoptive families want to know how he/she feels or what he/she needs;
    • Based on age of the child, ask the child how to let families know he/she is available for adoption and compare his ideas to the methods currently in use;
    • Be positive about his/her ideas and use them if reasonable or possible;
    • Share with the child that families have been located for other children through the use of various media, recruitment events and activities and that his/her participation in recruitment not only helps him/her, but also helps all children waiting to be adopted;
    • Help the child understand and accept the potential length of time it may take to find the right family. Frame the discussion in general terms generally understood by the child's age and developmental stage, such as the use of forthcoming holidays or school year;
    • Coordinate efforts with the assigned KAPE specialist if applicable, and encourage the child to participate in recruitment functions. The KAPE specialist will assist in explaining recruitment methods to the child.
  • Be sensitive to the child's need for privacy and age related reluctance to have peers know he/her is in foster care and needs to be adopted. This is especially critical for teenagers.

 

  • Many foster children were abruptly removed from the birth home and perhaps one (1) or more foster homes. The child needs to be reassured that in adoption the move is planned.

Footnotes

  1. Be concrete with young children.
  2. Older children can have a copy of the visitation agreement and if they attend the pre-placement conference, they can sign it. For younger children, the use of a calendar listing the dates and locations of visits is helpful.

13.7 Foster Parent's and Other Caregivers Role in Preparing Child for Adoption

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.7 Foster Parent's and Other Caregivers Role in Preparing Child for Adoption
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

The support of the non-adopting foster parents is required for the successful adoptive placement of a child.  This includes supporting the child through the termination of parental rights process as well as the adoptive placement process.

Procedure

The SSW:

  1. Communicates with and includes foster parents in the planning and implementation of the adoptive placement process;
  2. Helps the foster parents deal with issues relating to the loss of a child by:
    1. Sharing general information about the adoptive family with the foster parents;
    2. Asking the foster parents for their cooperation and support of the placement throughout the entire process;
    3. Informing the foster parents of the pre-placement conference and the value of their attendance;
    4. Preparing the foster parents for possible deteriorating behavior in the child prior to the adoption placement;
    5. Offering therapeutic resource linkages for both the child and the foster parents to address grief and loss issues;
    6. Asking the foster parent to complete the DSS-892-Daily Routine Form;
    7. Encouraging the foster parents to give the child permission to move on; and
    8. Maintaining contact and providing an appropriate venue for the foster parents to express their feelings of sadness due to the child’s move.

13.8 "Goodbye" Visit

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.8 "Goodbye" Visit
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

  • N/A

An important step in preparing a child for adoption is the final post-termination of parental rights (TPR) “goodbye” visit with birth parents.  In some cases, this will be the last face to face contact the child will have with the birth parents.  In other cases, the child may continue to have contact with birth family members even after adoption.  In either circumstance, the goodbye visit represents a significant change in the child’s life and relationship with the birth parents.  It is important that this visit is planned with the support and cooperation of the worker, significant birth family members, foster or adoptive parents and mental health professionals involved with the child and family.

Procedure

The SSW: 

  1. Schedules a goodbye visit at the conclusion of the thirty (30) day period following the TPR judgment, if no appeal has been filed;
  2. Conducts face to face visits with the birth parents and the child, separately, to discuss and prepare for the final visit prior to the goodbye visit; 
  3. Notifies mental health professionals providing services to the child of the date for the final visit; 
  4. Schedules an appointment with the child’s therapist following the goodbye visit to allow the child the opportunity to process the event, whenever possible;
  5. Attempts to obtain a letter or other message that may be given to the child, if the parent is unable or unwilling to attend the final visit;
  6. Submits a memo requesting an exception to the SRA or designee, and provides justification such as a statement from the child’s therapist, when applicable, if such a visit would not be in the child’s best interest;
  7. Schedules a goodbye visit with extended family members or other significant people in the child’s life if the whereabouts of the parents are unknown at the time of TPR whenever possible;
  8. Consults with the FSOS, and possibly with the child’s therapist, to determine whether a visit should be scheduled if the absent parents request a visit at a later time for a child who has not yet been adopted; 1  
  9. Provides a memo requesting approval to the SRA or designee if recommendation is made for the delayed final visit.

Practice Guidance

  • During the thirty (30) day period following a TPR judgment when the parents may file an appeal, the Cabinet may continue regular visitation between the child and birth family.  Should an appeal be filed, procedures are followed in SOP 11.38 Services to the Family During an Appeal.  If an appeal has been filed, the final visit should not be scheduled until the decision of the Circuit court has been upheld and there is a final order terminating parental rights.
  • If approved, the SSW follows procedures one (1) through three (3) of this SOP.
  • If the child’s adoption has been finalized, a goodbye visit is at the discretion of the adoptive parents.

Footnotes

  1. Consideration is given to such factors as: length of time since last contact with the child, prior relationship with the child, therapist recommendation and preference of the child.

13.9 Sibling Relationship Decisions

Chapter:
Chapter 13-Adoption Services
Effective:
09/14/2018
Section:
13.9 Sibling Relationship Decisions
Version:
3

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The SSW:

  1. Interviews each sibling of appropriate age and documents:
    1. The wishes of each child;
    2. The child’s understanding of the facts of the siblings’ relationship (determine, if possible, if sibling abuse occurred);
    3. The child’s feelings about the sibling relationship and the proposed separation;
    4. The child’s ideas about options for placement; and
    5. Who the child views as the parent(s);
  2. Interviews the foster parents or other caretakers to learn their perceptions of each child’s relationship with siblings;
  3. Includes the recommendation(s) of therapists and psychologists working with each child which is considered and documented in the case file.

When sibling separation is considered:

  1. Following the completion of the assessment of the sibling relationship, the adoptive review committee meets swift chair holds a conference, to coincide with the ongoing OOHC regional case consultation which includes:
    1. The SSW(s);
    2. Appropriate supervisors;
    3. KAPE SNAP specialist (if child has been referred to the KAPE); and
    4. Regional specialists.
  2. The adoption review committee swift chair or SSW:
    1. Consults the service region administrator (SRA) or designee if siblings are placed within a region and a consensus cannot be reached;
    2. Through supervisory channels consults with central office staff if siblings are placed in two (2) or more regions and a consensus cannot be reached.
  3. The SSW, through consultation with FSOS, documents and submits by memorandum to the SRA:
    1. The factors considered;
    2. The children’s wishes; and
    3. The reasons for the request to proceed with separating the sibling group. 
  4. The SSW includes in the recommendations the nature and frequency of future contact among separated siblings, and a copy of the memorandum is sent to all participating staff.
  5. A planning committee shall convene annually for siblings who remain separated in out-of-home care (OOHC) to determine if reunification is possible and to develop a plan for maintaining sibling connections. 
  6. The SRA or designee responds to the request in a memorandum to appropriate staff and central office staff within ten (10) working days of receipt.
  7. If the child is registered with KAPE, the SSW or child focused recruitment model (CRFM)recruiter, if assigned, updates the children's presentation summary packets and forwards a copy copies to the Adoption Services Branch when separation occurs.  

Practice Guidance

  • The decision to separate siblings is based on thorough review and documentation of each case.
  • Diligent efforts to reunite siblings separated in foster care are made as soon as possible.
    • When this is impossible, visits are scheduled between siblings frequently enough to appropriately meet the individual case circumstances while enhancing and supporting the sibling relationship as outlined in SOP 4.717.at least monthly. 
  • The SSW, the adoptive review committee, swift adoption team and KAPE SNAP make every effort to place siblings together for adoption unless serious, specific needs of one (1) or more of the siblings justifies the separation.

Footnotes

  1. A decision to recommend separation of siblings in adoption may be reached through consensus of the group.
  2. New photographs are required if the children are registered with KAPE SNAP.

13.10 Preparing the Presentation Summary Packet

Chapter:
Chapter 13-Adoption Services
Effective:
11/15/2018
Section:
13.10 Preparing the Presentation Summary Packet
Version:
5

Legal Authority/Introduction

LEGAL AUTHORITY:

Practice Guidance

  • The presentation summary packet includes the items below in the following order:
    • DPP-AC-1-Transmittal Memo;
    • Past and recent photographs of the child (not applicable for foster parent adoptions);
    • Presentation summary narrative printed from TWIST;
    • Certified copy of birth certificate;
    • Certified copy of orders of termination of parental rights;
    • Copy of parent death certificate, if applicable;
    • Copy of social security card;
    • Birth information, including hospital newborn medical records;
    • DPP-189-Biological Parents Identifying Information;
    • DPP-191-Information to be Obtained from Placing Parent; 1
    • DPP-192-Biological Parent Consent Form; 2
    • Child’s medical records using the child’s medical passport (i.e. physical, dental, and vision records) (not applicable if the child has maintained the same foster home placement for twelve (12) months or longer and if the foster parent is adopting the child, or if the child is less than twelve (12) months of age, has maintained the same foster home placement, and the foster parent plans to adopt the child); 3
    • Child’s developmental record; (not applicable if the child has maintained the same foster home placement for twelve (12) months or longer and if the foster parent is adopting the child, or if the child is less than twelve (12) months of age but has maintained the same foster home placement and the foster parent plans to adopt the child);
    • Other supplemental medical information, including immunization records;
    • School records and/or most recent IEP if applicable;
    • Psychiatric assessments/records;
    • Mental health records (not applicable if the child has maintained the same foster home placement for twelve (12) months or longer and if the foster parent is adopting the child or if the child is less than twelve (12) months of age, has maintained the same foster home placement, and the foster parent plans to adopt the child); 4
    • Indian Child Welfare Act (ICWA) documentation, when applicable;
    • DSS-892-Daily Routine for a Pre-School Child or DSS-893-Daily Routine for a  School Age Child (DSS-893 not applicable for foster parent adoptions);
    • Separation of siblings memo (if applicable);
    • Any other information that may be helpful/relevant;
    • Title IV-E eligibility and/or other children’s benefits documentation as described in SOP 31 Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits; and
    • Placement history log/placement summary from TWIST.

Procedure

The SSW:
  1. Begins gathering information for the presentation summary packet as listed in the practice guidance of this section;
  2. Completes the presentation summary packet and the narrative in TWIST no later than ten (10) working days following the termination of parental rights (TPR) judgment; 5
  3. Submits a copy of the presentation summary narrative to the court no later than thirty (30) days following a (TPR) judgement;
  4. Redacts identifying information about a child’s biological family from any records included in the presentation summary packet, prior to sharing the presentation summary packet with prospective adoptive parent(s); and 6
  5. Retains one (1) copy of the original presentation summary packet in the file.

Footnotes

 

  1. One (1) DPP-189-Biological Parents Identifying Information form for each parent. If the parent is unable to be located or unwilling to provide the requested information, the worker should request that other family members provide as much information as possible and/or glean information from case documentation such as previous investigations, parenting or psychological assessments, etc.  This information should be documented in the presentation summary narrative. 
  2. One (1) DPP-191-Information to be Obtained from the Placing Parent form for any parent voluntarily terminating parental rights and/or birth father acknowledging paternity.
  3. Using the DCBS-106A series.
  4. Every child's history prior to entering out of home care should be assessed and documented.  Consideration should be given to obtaining additional information should the information be beneficial to adoptive parents.
  5. If the case is assigned to the Child Focused Recruitment Model (CFRM) at the pre-permanency planning conference, the CFRM recruiter will develop the initial presentation summary.

  6. When the adoption is being completed by another region, the sending region redacts the presentation summary narrative to be given to the adoptive parents, and any attachments included in the presentation summary packet, prior to sending the materials to the receiving region.

13.10.1 Updating the Presentation Summary

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2019
Section:
13.10.1 Updating the Presentation Summary
Version:
4

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The SSW:

  1. Updates the presentation summary packet and attachments annually;1
  2. Updates the presentation summary narrative when a:
    1. Foster parent no longer wishes to adopt the child and a search for an adoptive home is necessary;
    2. Significant change in the child’s situation occurs;
    3. Child is very young and changes in development occur frequently; and
    4. Child’s adoptive placement disrupts.  A new category, "Adoption Disruption," is added to the existing presentation summary narrative when a child’s adoptive placement disrupts.  This category includes:
      1. The history of the adoptive placement;
      2. Problems that occurred; and
      3. Services that were rendered;
  3. Signs and dates all presentation summary updates; 
  4. Attaches a copy of the case recording documenting case activity from the date of adoptive placement to the present;
  5. Reviews the materials for completeness within five (5) working days of the update; and
  6. Retains a copy in the case file.

Footnotes

  1. Child Focused Recruitment Model (CFRM) specialists will update the presentation summary packet of each assigned case, as part of the initial file mining process. If the case does not have a presentation summary at the time the case is assigned to the recruiter, the recruiter will develop one. The recruiter will be responsible for updating the presentation summary packet on an ongoing basis as long as the case remains active with CFRM.

 

13.11 through 13.12-Not Yet Utilized

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.11 through 13.12-Not Yet Utilized
Version:
1

Reserved for future use.

 

13.13 Placement Resources

Chapter:
Chapter 13-Adoption Services
Effective:
09/14/2018
Section:
13.13 Placement Resources
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

  • N/A

The selection of an adoptive family is completed by the child's adoption review committee in compliance with all Indian Child Welfare Act (ICWA) and Multi-Ethnic Placement Act (MEPA) regulations.

Selecting an adoptive family is based upon consideration of what is in the best interest of the child. This includes a careful review of the information about the child and a determination of which of the approved and prepared adoptive families could most likely meet the child's needs. Based on the individualized assessment of the family and child, additional training may be recommended. This training may be based on the health, psychological, cultural or educational needs of the child.

Foster parent adoption in a child’s existing placement is given priority consideration for children in the Cabinet’s permanent legal custody and who are available for adoption. This includes children who are in a Department for Community Based Services (DCBS) foster home or in a private child placing (PCP) agency foster home through a contractual agreement between the PCP and DCBS.

Consideration of foster parent adoption is especially relevant when the child has been with the foster family for a significant period of time. Adoption by the foster parent may provide a highly stable permanent family because of the knowledge the family has of the child and the child’s family of origin, their years of experience with the child and the attachments that have been formed.

Private child placing (PCP) agencies licensed to provide foster care, therapeutic foster care or medically fragile foster care and that already have a private child care (PCC) agreement with the Cabinet for Health and Family Services may also choose to provide adoption services when a PCP foster parent wants to adopt a DCBS child in their home. To provide adoption services for a DCBS child, the PCP must be licensed as a child placing agency to provide adoption services, have their PCC agreement with the Cabinet amended to include adoption services and have staff trained by the Cabinet in adoption subsidy or in an adoption subsidy curriculum approved by the Cabinet. Approval of a foster parent’s request to adopt a child in their care is the decision of the service region administrator (SRA) or designee.

If the PCP has a child placing license to provide adoption services but does not have an amended contract with the Cabinet, the PCP cannot provide adoption services for DCBS children. In these situations, recruitment and certification (R&C) or designated regional staff in the region of the PCP foster family's residence is responsible for providing services to finalize the adoption.

Practice Guidance

  • The Cabinet may not delay or deny an otherwise appropriate placement on the basis of race, color or national origin of the person or of the child involved; however, compliance with the Indian Child Welfare Act (ICWA) of 1978 does not constitute a violation of Section of 471 (a)(18)(B) of the Social Security Act. 
  • The cabinet treats any home study received from another state, tribe, or private agency under contract with a state/tribe as meeting any cabinet requirement for the completion of the home study; unless, with 14 days after receipt of the report, the state determines, based on grounds specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child.  The cabinet does not deny or delay the placement of a child for adoption when an approved family is available outside the state (Title IV-E; Section 471(a)(23)(A)&(B) of the Social Security Act).
  • The process of matching an adoptive family with a child begins when:
    • Parental rights to the child are terminated;
    • Foster parents have not made a commitment to adoption through a statement of intent;
    • Both parents of the child are deceased and the Cabinet has been granted wardship through the Circuit court; or
    • A child’s adoptive placement disrupts.
  • If foster parent adoption has not been identified as the plan, the child(ren) is referred to the Kentucky Adoption Profile Exchange (KAPE).
  • Selecting the adoptive family is the responsibility of the adoption review committee, which consists of:
    • The SSW;
    • The family services office supervisor (FSOS);
    • One (1) additional staff member with adoption experience (i.e. adoptive review committee placement lead);
    • The R&C worker or R&C FSOS for the adoptive family; and
    • KAPE specialist or MSW consultant or other staff as needed.  If the child is registered with KAPE, the KAPE specialist for that child is invited to be a member of the adoption review committee.

13.13.1 DCBS Foster Parent Adoption

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2019
Section:
13.13.1 DCBS Foster Parent Adoption
Version:
4

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The following steps occur when the child’s goal is changed to adoption:

  1. The child’s SSW, the foster family’s R&C worker, their supervisorsChild Focused Recruitment Model (CFRM) recruiter, and any other appropriate staff consult to determine whether foster parent adoption is appropriate when the decision is made to change the goal to adoption.

The SSW and/or R&C worker: 

  1. Meets with the foster family within thirty (30) working days when the goal changes to adoption and when foster parent adoption is identified as the Cabinet’s preferred plan for the child to discuss the following:  1
    1. The difference between fostering and adopting;
    2. Importance of permanency to child;
    3. Legal relationship within adoption;
    4. Legal risks;
    5. Child’s options for a permanent home when foster parent does not adopt;
    6. Areas in which the foster family needs preparation as a potential adoptive resource;
    7. Adoption assistance program and eligibility status of the child; 
    8. Adoption assistance requests cannot be processed until after the termination of parental rights;
    9. Adoptive parent’s responsibility to retain an attorney for the purpose of finalization of the adoption;
    10. Benefits the child may be eligible to receive;
    11. Resources in the community for children with special needs;
    12. Support services for adoptive parent (i.e. Adoption Support for Kentucky (ASK), the Network, etc.);
    13. Adoption process from TPR through circuit or family court judgment of adoption finalization;
    14. Continued future contact with birth siblings; 
    15. Foster parent’s attitudes about contact with birth siblings and thoughts on handling that contact;
    16. Answering child’s questions about adoption and about the child's past, and explore sample statements to determine impact of those statements on the child; and
    17. The status of the child’s lifebook. 
  2. Asks the foster parents to sign the DPP-198 Foster Parent Statement of Intent to Adopt, at the conclusion of the foster parent adoption education session or within five (5) working days of the meeting, and return to the SSW if adoption by the foster parent is a suitable plan;
  3. Provides a copy of the signed foster parent statement of intent to adopt to:
    1. KAPE offices;
    2. Adoptive review committee; and
    3. Service Region Administrator (SRA) or designee in the region of the foster family’s residence.

The SSW:

  1. Considers the appropriateness of a placement change with another family who will adopt if the foster parent is not interested in adopting.

The SSW and R&C worker: 

  1. Enter the details of the foster parent adoption education session into the service recordings of their respective cases.

The following steps occur after termination of parental rights is granted:

The SSW:

  1. Completes the presentation summary packet and gives the original packet to the foster family’s recruitment and certification (R&C) worker and a copy to central office records section staff within ten (10) working days of the termination of parental rights judgment (Refer to SOP 13.10 Preparing the Presentation Summary Packet). 3

The SSW or R&C worker:

  1. Redacts identifying information about a child’s biological family after receiving the presentation summary packet. (Refer to SOP 13.10 Preparing the Presentation Summary Packet).

The R&C worker: 

  1. Meets with the foster family, gives them a copy of the packet, discusses the confidentiality of shared information and the DPP-171 Notice of Confidentiality is signed; 
  2. Begins negotiation of adoption assistance with the family if the child meets the eligibility criteria;
  3. Submits the request for adoption assistance and recommendation for approval of the proposed foster parent adoption through the FSOS, to the SRA or designee for approval or non-approval within thirty (30) working days of the termination of parental rights final order;
  4. Upon approval, obtains the signature(s) of the foster/adoptive parent(s) on the adoption assistance agreements and distributes them to the foster/adoptive parent, children’s benefits worker, and regional billing specialist; 
  5. Prepares and signs the DPP-195 Adoption Placement Agreement with the foster/adoptive family and distributes copies to the family and the SSW for the child; 4
  6. Enters the DCBS foster home as an adoptive provide case in TWIST, if a case does not already exist in TWIST;
  7. Sends the foster parent adoption referral packet to the central office adoption specialist along with one (1) copy of the adoptive placement agreement and one (1) copy of the foster parent adoption packet, after an adoption is finalized. The packet contains:
    1. A cover memo;
    2. Copy of the family’s original narrative packet;
    3. Re-evalutation packet;
    4. Foster parent statement of intent to adopt; and
    5. Request for adoption assistance if appropriate.
  8. Reviews the information that was addressed during the foster parent adoption education session held at goal change. 

The SRA or designee:

  1. Prepares and signs the DPP-1258 Adoption Assistance Agreement and the DPP-1258C Adoption Assistance Agreement for Extraordinary Medical Expenses, if adoption assistance and extraordinary medical expenses are approved;5
  2. Returns the signed adoption assistance agreements to the R&C worker after review and approval.

Practice Guidance

  • The adoptive review committee permanency lead may be invited to attend the foster parent adoption education session when appropriate. 

Footnotes

  1. All related documents such as those pertaining to providing adoption assistance, obtaining medicaid, and determining the child’s educational placement are completed.
  2. Failure to return this statement does not preclude the adoption; however, the SSW must clearly understand the foster parent’s intent to proceed with the adoption when the child is available.
  3. A copy may be provided to the regional office, if required.
  4. If foster parent adoption is planned, a pre-placement conference is not required as the pre-placement conference may occur at the same time the adoptive placement agreement is signed.
  5. The DPP-1258C Adoption Assistance Agreement for Extraordinary Medical Expenses may be used for renegotiation if the child's needs or family circumstances change in the future.

13.13.2 Private Child Placing (PCP) Foster Parent Adoption

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.13.2 Private Child Placing (PCP) Foster Parent Adoption
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

  1. The R&C worker or other designated regional adoption staff (of the region where the PCP foster family resides), SSW, and PCP worker for the foster home meet with the PCP foster family:
    1. Within thirty (30) working days of the child’s when the goal changes to adoption;
    2. When foster parent adoption by the PCP foster family is identified as the Cabinet’s preferred plan for the child; and
    3. To discuss the following:
      1. The difference between fostering and adopting;
      2. The role of DCBS staff and the PCP staff in the adoption process;
      3. Importance of permanency to a child;
      4. Legal relationship within adoption;
      5. Legal risks;
      6. Child’s options for a permanent home when foster parents do not adopt;
      7. Areas in which the foster family needs preparation as a potential adoptive resource;
      8. Adoption assistance program and eligibility status of the child (Adoption assistance requests cannot be processed until after the termination of parental rights);
      9. Adoptive parent’s responsibility to retain an attorney for the purpose of finalizing the adoption;
      10. Benefits a child may be eligible to receive;
      11. Resources in the community for children with special needs;
      12. Support services for adoptive parents (i.e. Adoption Support for Kentucky (ASK), the Network, etc);
      13. Adoption process from TPR through circuit or family court judgment of adoption finalization;
      14. Continued future contact with birth siblings;
      15. Foster parent attitudes about contact with birth siblings and thoughts on handling that contact;
      16. Answering child’s questions about adoption and the child’s past, and development of practice statements to explore with one (1) another the impact of those statements; and
      17. The status of the child’s lifebook.

The SSW:

  1. Discusses adoption assistance with the agency foster family and assists the agency foster family in obtaining the necessary documentation for the adoption assistance; 1
  2. Submits the adoption assistance request, if the child meets the eligibility criteria, within thirty (30) working days of the termination of parental rights final order for consideration of approval;
  3. Submits the adoption assistance request to the recruitment and certification family service office supervisor (FSOS) and service region administrator (SRA) or designee in the region of the agency foster family’s residence. 2

The R&C worker:

  1. In the region of the PCP foster family’s residence, enters the PCP foster home as a provide case in TWIST;
  2. Establishes an adoption assistance file containing the information provided by the agency foster family’s PCP worker as listed in Practice Guidance below;
  3. Forwards to the central office Records Management Section:
    1. The Foster Parent Adoption Referral notice;
    2. Copy of the placement agreement;
    3. Copy of the PCP foster parent adoption packet (which includes the information as listed in Practice Guidance below); and
    4. Copy of the presentation summary packet if not already submitted.
  4. Forwards the DPP-195 Adoptive Placement Agreement to the PCP worker to obtain the family's signatures;
  5. Notifies the PCP agency when foster care payments to the PCP agency are to be discontinued. 3

The R&C worker (or designated adoption staff) and PCP worker:

  1. Meet quarterly to discuss matters related to the child’s permanency goal of adoption. These may also be in the form of periodic reviews;
  2. Meet with the PCP foster family within ten (10) working days of the TPR judgment and give them a copy of the child’s presentation summary packet; and
  3. Develop a plan for post-placement and post-adoptive needs and services to the family. 

The service region administrator or designee:

  1. Returns a copy of the signed adoption assistance requests and adoption assistance agreements to the PCP worker once the adoption assistance agreements are approved.

Practice Guidance

The PCP worker:

  • Provides a copy of the original home study and family's training record to the SSW for the child when a PCP foster family is interested in adopting a DCBS child placed in their home; 4
  • Asks the PCP foster parent to sign the DPP-198 Foster Parent Statement of Intent to Adopt and return the form to the PCP worker at the conclusion of the meeting or within five (5) working days of the meeting, if adoption by the foster family is a suitable plan;
  • Submits the signed original DPP-198 to the SSW;
  • Secures the signatures of the agency foster parent on the adoption assistance agreements and:
    • Provides the original to the recruitment and certification family services office supervisor in the region of the agency foster family’s residence; and
    • Provides copies to the children’s benefits worker, the regional billing specialist and the agency foster adoptive family;
  • Verifies in writing that the foster family has received appropriate training and   preparation regarding the child and adoption issues;
  • Provides to the R&C worker:
    • A cover memo;
    • Copy of the family’s original PCP adoptive home study packet;
    • Most recent update;
    • Copy of the family’s training record;
    • Adoptive placement agreement (upon receipt of the family’s signature);
    • Copy of the child’s presentation summary;
    • DPP-1258 signed adoption assistance agreement with necessary documentation;
  • Returns the original DPP 195 to the R&C worker and provides copies to the PCP family and child’s SSW;
  • Provides written progress reports within fifteen (15) calendar days of the end of  the monthly reporting period to the R&C worker or designated regional adoption staff, which include the following:
    • Documentation of regular and periodic contacts with the adoptive family according to the Division of Protection and Permanency (DPP) standards of practice;
    • Documentation of monthly face to face contact in the adoptive home with parent(s), child, and other family members;
    • Observation and analysis of the relationship/adjustment of the child and adoptive family;
    • Any other appropriate comments and recommendations; and
    • Target date for achieving permanency (adoption finalization); 5
  • Provides or arranges for family and individual counseling, therapy or other resources as needed. PCP staff provides crisis intervention services on a twenty-four (24) hour basis to the PCP foster family;
  • Attends required periodic reviews with the R&C worker to present information regarding progress of the placement;
  • Notifies the R&C worker immediately if problems occur that affects the stability of the placement, and will initiate an action plan;
  • Meets with the R&C worker and PCP foster family to discuss need of additional services or future placement plans ff disruption appears imminent.

 

  • Approved PCP foster families do not have to complete the DCBS approval process. 
  • No additional training is necessary unless the specific needs of the child require further training. 
  • Final approval of a foster parent’s request to adopt is the decision of the SRA or designee.
  • The petition for adoption may be filed at any time after the DPP-195 Adoptive Placement Agreement is signed by the family and post-adoption assistance agreements, if the child is eligible and the family has requesting assistance, have been approved.

Related Information

Reimbursement for private child placing (PCP) foster parent adoptions:

  • Adoption subsidy training and consultation is available for all Department for Community Based Services (DCBS) staff by calling the central office Adoption Services Branch at (502) 564-2147.
  • The foster care per diem is discontinued when the adoptive placement agreement is signed. At this time, the family begins receiving pre-adoptive assistance.
    PCP providers submit a billing document, which identifies the child,
  • adoptive home and dates of service to the DCBS central office at:
                            Resource Management Section
                                275 E. Main Street 3W-C
                                    Frankfort, KY 40621
  • A copy of the billing document is retained with the contract by the PCP agency and DCBS.
  • The PCP agency is reimbursed $2000 for a single child and $500 for each additional sibling adoption that is finalized in the same home.
  • The PCP agency may be reimbursed $35 an hour up to an amount not to exceed $1,500 per case (a case could be either a single child or a sibling group) for provision of crisis intervention services after finalization of adoption. Approval for these services is provided by the appropriate SRA or designee.

Footnotes

  1. The R&C worker is available to consult with the PCP worker during the adoption assistance application process.
  2. If the service region administrator or designee does not approve the adoption assistance request, the request for adoption assistance is renegotiated with the agency foster family and resubmitted.
  3. Foster payments cease on the date the adoption placement agreement is signed, and the family begins receiving pre-adoptive assistance until the adoption is finalized in court.
  4. This information is used in determining whether adoption by the PCP foster parent is appropriate.
  5. The adoption may be finalized after post-placement services are complete and post-adoption assistance agreements have been approved.

13.13.3 Foster Parent Adoption Not Recommended

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.13.3 Foster Parent Adoption Not Recommended
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

  1. All appropriate parties address the issues of concern with the FSOS when the request to adopt is not deemed to be in the child’s best interest. 
  2. The service region administrator (SRA) or designee decides if continued placement in the home is in the child’s best interest.
  3. The SSW and R&C worker or private child placing agency (PCP) worker meet with the foster parent to share the reasons why the adoption was not recommended.
  4. The child’s SSW submits within ten (10) working days after the meeting, if the foster parent requests reconsideration, a memorandum to the SRA or designee summarizing the meeting, staff involved strengths of the family and reasons the foster parent adoption is not recommended.
  5. The SRA or designee makes a decision regarding foster parent adoption within ten (10) working days of receipt of the memorandum from the SSW.

Practice Guidance

  • The foster parent is informed of their right to submit a request to the SRA or designee for reconsideration of adoption for a particular child. The foster parent may also request a meeting with the SRA or designee.

13.13.4 Employee Adoption

Chapter:
Chapter 13-Adoption Services
Effective:
05/5/2020
Section:
13.13.4 Employee Adoption
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

 

Introduction 

Any Protection and Permanency (P&P) staff (both service region and central office) must make a written request to the commissioner of the Department for Community Based Services (DCBS) to become a certified adoptive parent and to adopt a child in the custody of the Cabinet for Health & Family Services (CHFS).

The commissioner considers each request on its own merit and may approve or disapprove a request at any time in the process and at his/her discretion. 

 

Practice Guidance

  • The resource parent training and approval process for P&P employees must be completed outside of the applicant’s region of employment, unless an exception is otherwise approved by the SRA or designee.
  • The P&P employee may be considered for adoptive referrals based on the criteria outlined in procedure #7 if the P&P employee is approved as an adoptive resource home.

Procedure

  1. P&P employees make a written request to the service region administrator (SRA) or designee in his/her region of employment to become a certified adoptive parent and to adopt a child in the custody of CHFS.
  2. The SRA or designee reviews the request to ensure compliance with SOP and, if appropriate, makes a written request to the commissioner. 1
  3. The P&P employee must begin the training and certification process to be considered for approval as an adoptive resource home if the request is approved by the commissioner.
  4. The SRA or designee ensures that the resource parent training and approval process for P&P employees is completed by an unbiased R&C staff.
  5. The R&C worker for the prospective adoptive family submits a child specific memo to the commissioner through supervisory channels requesting approval for the adoption process to continue before an adoptive referral can be made.
  6. The commissioner considers the following when approving or denying a request:
    1. The P&P employee's relationship with the child or with a parent of the child;
    2. The P&P employee's involvement or prior involvement with the child’s case;
    3. Appearance of impropriety; and/or
    4. Other extenuating factors.
  7. The SSW making the adoptive placement explains that there is no mechanism, other than the pre-adoptive subsidy, to reimburse the P&P employee for the care of the child. 2 

Footnotes

  1. A P&P employee shall not be considered for approval as an adoptive resource home unless the commissioner has approved the request.
  2. Once placement has been made, payments for the care of the child cannot be made to the P&P employee unless the DPP-195 Adoptive Placement Agreement and the DPP-1258 Adoption Assistance Agreement have been signed by all parties.


 

13.14 Referral of a Child to the Kentucky Adoption Program Exchange (KAPE)

Chapter:
Chapter 13-Adoption Services
Effective:
09/14/2018
Section:
13.14 Referral of a Child to the Kentucky Adoption Program Exchange (KAPE)
Version:
3

Legal Authority/Introduction

LEGAL AUTHORITY:

The Kentucky Adoption Program Exchange (KAPE) was established to facilitate permanency and adoptive placements for children. Children shall be referred to the Adoption Services Branch to be registered with KAPE if:

  • The child has the goal of adoption;
  • Termination of parental rights (TPR) has been granted; and
  • They do not have any identified adoptive families being considered.

Procedure

The SSW or the Child Focused Recruitment Model (CFRM) recruiter is responsible for

  1. Forwarding a KAPE packet (see below required documents) through the FSOS to central office (CO) at the following address to refer a child to the KAPE program:
                 Cabinet for Health and Family Services
                                Attention:  KAPE 
                        275 East Main Street, 3C-E
                            Frankfort, KY 40621
  2. Providing the Adoption Services Branch staff and/or a member of the child's adoption review committee any requested information regarding the current status of a child enrolled in the KAPE program;
  3. Contacting the foster parent (or caregiver) to obtain information about the child, as well as meeting the child within thirty (30) working days of the referral to KAPE to explain the recruitment process;
  4. Developing an individualized recruitment plan within forty-five (45) working days of the child's referral to KAPE; and
  5. Updating KAPE as necessary.

The FSOS of the child’s case: 

  1. Shares the permanency/agency case in TWIST with the SNAP regional contact. 1

Practice Guidance

The KAPE packet must include:

  • Completed DPP-196 KAPE Referral form;
  • Current presentation summary narrative or the KAPE Referral Presentation Sheet;
  • Current color photo (must be electronic in JPEG format);
  • Child’s profile narrative (do not include any personal health information (PHI) or any negative comments to be placed on the KAPE and Adoptuskids websites); and
  • Termination of parental rights (TPR) order.

All of the items above, except for the TPR order, may be e-mailed to the KAPE specialist at the Adoption Services Branch. Please call (502) 564-2147 to obtain the appropriate email address.

 

The KAPE specialist with Adoption Services Branch is responsible for:  

  • Making the public aware of the child's availability for adoption through the use of in state media including the internet (recruitment resources, adoption activities and the KAPE and Adoptuskids Websites);
  • Utilizing technology and national resources to ensure timely adoptive placements and permanency for children enrolled in the KAPE.

A hold on a child is referenced when:

  • It is not in the best interest of the child(ren) to recruit adoptive families at that time.  A memorandum signed by the service region administrator (SRA) must be sent to the KAPE specialist outlining the justification to place the child on hold for this type of request only; or
  • The KAPE specialist receives notification that an adoptive family has been identified and the child's adoption review committee is moving forward with adoption with the identified adoptive family.  SNAP central office staff receives a signed DPP-195 Adoptive Placement Agreement for an adoption that will be finalized in another state.

Withdrawal is requested using the DPP-196C-SNAP Withdrawal Form when the:

  • SNAP specialist receives a signed DPP-195-Adoptive Placement Agreement for an adoption that will be finalized in Kentucky;
  • Goal is changed from adoption; or
  • Child turns eighteen (18).
  • The SSW may contact SNAP central office staff to request a child be placed on hold or withdrawn from the SNAP program.
  • If a child’s situation changes after withdrawal from SNAP, the SSW may re-enroll a child following the guidelines of procedure #1 in this SOP.

Footnotes

  1. The SSW may call the SNAP central office at (502) 564-2147 to obtain information on the SNAP regional contact in their area.

13.15 Adoptive Placement of a Newborn Directly from the Hospital

Chapter:
Chapter 13-Adoption Services
Effective:
04/15/2011
Section:
13.15 Adoptive Placement of a Newborn Directly from the Hospital
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

Prior to completing a direct hospital placement, the SSW:

  1. Obtains a voluntary commitment order signed by the birth mother and/or the birth father, or when appropriate, the juvenile and or family/district court order of commitment to the Cabinet;
  2. Obtains the notarized "Statement of Understanding" signed by the adoptive family;  and 1
  3. Provides a copy of the commitment order to the hospital prior to release of the child to the SSW. 2

For Abandoned Newborns

The SSW:

  1. Immediately seeks an emergency custody order upon notice from any emergency medical or hospital staff that a newborn infant has been abandoned;
  2. Places the child in a dually approved resource home upon the infant's release from the hospital.

Practice Guidance

  • Legal risk is always involved in making hospital placements, since parental rights cannot be terminated prior to three (3) days after the child’s birth.  Therefore, the adoptive parents are to be informed that the child remains at "legal risk" until the termination of parental rights is granted.
  • The adoptive placement agreement is not signed by any party until parental rights have been terminated, and all other appropriate procedures have been explored regarding the adoptive referral.
  • Persons contacting the Cabinet prior to or after the birth of their child who wish to relinquish the child for adoption should be referred to a Kentucky private licensed adoption agency.  The Office of the Inspector General (OIG) has a current listing of available agencies. 
  • If the court places temporary custody with the Cabinet at the temporary removal hearing, the custody order remains in effect for a minimum of thirty (30) days and a maximum of forty-five (45) days.
  • Following the thirty (30) day placement period, the Cabinet files a petition in circuit court seeking the involuntary termination of parental rights and authority to place the child for adoption in accordance with KRS Chapter 625.

Footnotes

  1. Copies of both documents are forwarded to the Adoption Services Branch.
  2. To prevent the adoptive family’s name from entering the hospital record, the SSW accompanies the family to the hospital and signs for the baby’s release.

13.16 Resource Home Placement

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.16 Resource Home Placement
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Once parental rights are terminated and the DPP-195 Adoptive Placement Agreement is signed, the placement becomes an adoptive placement, and foster care payments cease.  The service region administrator (SRA) gives approval for resource placements.

Procedure 

  1. After parental rights have been terminated and the DPP-195 Adoptive Placement Agreement has been signed the SSW submits a memo requesting approval to make a resource home placement to the SRA.

Practice Guidance

  • If the SRA approves the plan for a resource home placement, the SSW follows SOP 13.10 Preparing the Presentation Summary Packet. If the search for families is restricted to specific counties due to the need for biological parents’ visitation, the restriction is indicated on the DPP-AC1 Transmittal Memorandum for Presentation Summary Packet.
  • Once a family is identified, a child cannot be placed in a resource placement which has not been approved for foster and adoptive placement.
  • The notarized resource home agreement is signed by the family prior to placement and copies distributed to the family and Adoption Services Branch staff with the original being retained in the file.

13.17 Planning the Placement/Pre-Placement Conference

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2019
Section:
13.17 Planning the Placement/Pre-Placement Conference
Version:
3

Legal Authority/Introduction

LEGAL AUTHORITY:

Pre-placement conferences are not required for foster parent adoptions, as the pre-placement conference may occur at the same time as the adoptive placement agreement is signed for planned foster parent adoptions. Required appropriate procedures are described in SOP 13.13.1 DCBS Foster Parent Adoption and SOP 13.13.2 Private Child-Placing (PCP) Foster Parent Adoption.  Adoptive pre-placement conferences are required for all children who are not being adopted by their foster parents.  Participation in the conference does not obligate either the cabinet or the family to proceed with the placement.  The adoptive pre-placement conference chairperson is selected from the potential adoptive family's service region. The adoptive pre-placement conference may serve as a periodic review if the agenda includes the appropriate topics, a third party is present and required items are documented.

Placement of foster children into approved adoptive homes prior to termination of parental rights may occur when the petition for termination of parental rights has been filed and there is a likelihood that termination of parental rights will be achieved or in cases where the termination of parental rights is on appeal. Efforts should be made to locate an appropriate concurrent resource in hopes that the first placement can be the only foster care placement.

The cabinet plays a strategic role during the post placement phase of adoption. The family should continue to receive help in continually assessing their adjustment and their feelings, and to recognize and deal with potential problems. In addition to the support that the cabinet can provide, the caseworker can link the family with appropriate community providers. Through the use of supportive services as outlined in 922 KAR 1.400 Supportive Services, the family can identify and manage stress before it reaches crisis proportions, the adoption can often be stabilized and maintained.

The agency, in partnership with the family must conscientiously develop a network of post placement service providers in the community and help to link the family with the most appropriate service providers.

Procedure

Preparing for the pre-placement conference

  1. The FSOS for the family contacts the designated service region pre-placement chairperson to arrange the earliest possible date for the conference. 1  
  2. The SSW tells the family that they are required to create a "family photo album," to prepare the child for the meeting with his prospective new family. 2 

Conducting the pre-placement conference

The conference chairperson:

  1. Assists in making conference arrangements (scheduling, location, etc.);
  2. Begins by explaining the following objectives of the conference:
    1. To discuss the confidentiality of shared information and sign the DPP-171 Notice of Confidentiality;
    2. To assist the adoptive family in reaching their decision regarding the adoption referral;
    3. To provide staff the opportunity to share their knowledge of the child; and
    4. To determine the method of presenting the family to the child;
  3. Records the conference and prepares the written summary;
  4. Ensures that all information regarding the child is shared, including the reimbursement of travel expenses and the availability of adoption assistance;
  5. Ensures that the decision to proceed with the adoption referral is determined through mutual discussion and is ultimately the decision of the Cabinet;
  6. Distributes the conference summary to all participants, including prospective adoptive parents, and the central office adoption specialist; and
  7. Reviews and provides a copy of the following documents for the adoptive parent(s):
    1. Adoptive Parent’s Guide to Pre-Placement Visits;
    2. DSS-194 Adoption Visitation Agreement; and
    3. DPP-195 Adoptive Placement Agreement.

The SSW provides:

  1. A redacted copy of the child's presentation summary packet (as outlined to SOP 13.10) to the prospective adoptive family and discusses the following:
    1. Background of the child;
    2. Child’s mental and physical health, history and status;
    3. Personality;
    4. Day to day living;
    5. Development and school functioning;
    6. Social functioning;
    7. Services the child now receives;
    8. Extent of preparation for placement;
    9. Birth family members and other significant people and their relationship to the child;
    10. Need for contact with significant others;
    11. Potential adjustment problems moving from foster home to adoptive home;
    12. Assessment of personal needs of the child and the availability of adoption assistance;
    13. Availability of clothing allowance;
    14. Problems or issues in any of the above areas;
    15. Specific forms of discipline used by foster parents; and
    16. The requirement for periodic reviews and permanency hearings until legalization of the adoption.
  2. A video of the child which is shown following the discussion, when available.
  3. Ensures that both the potential adoptive family and the child are prepared for their initial meeting by:  3
    1. Preparing the child for the initial visit with the selected family;
    2. Engaging the foster parent or PCC provider in preparing for the introduction of the selected family and child, when appropriate;
    3. Sharing information about the selected family with the child prior to the first visit, including the family album;
    4. Discussing the anticipated visit with the child, including time, location and length; and
    5. Preparing the family for the introduction to the child.

Practice Guidance

  • Pre-placement conference participants include the:
    • Child’s SSW;
    • R&C worker;
    • KAPE worker, if applicable;
    • Child’s foster parents;
    • Prospective adoptive parent(s);
    • Workers’ supervisors;
    • Therapist, if available;
    • Child Focused Recruitment Model (CFRM) recruiter; and
    • Chairperson. 4 

 

  • When the presentation/discussion is concluded, the chair allows the adoptive family and all conference participants time to process the information, request additional information, or ask for more time to make their decision.  If the adoptive parents wish to meet the child and DCBS staff wishes to continue the adoption referral, arrangements for meeting the child are made.

Proceeding with Visitation: 5

  • Visitation is an essential phase of the adoptive placement process that is negotiated and revised as needed, then recorded on the visitation agreement. Timing of visitation and placement are determined by the age and needs of the child, as well as the child's and family’s adjustment to becoming a new family.  The initial visit (introduction) is held in a location where the child is most comfortable.
  • The pre-placement conference participants determine:
    • The preliminary visitation schedule and location of the visits;
    • That additional visitation may be scheduled as needed;
    • The timeframe to prepare the child for the family; the adoptive family gives their "family photo album" to the child’s SSW to use in preparing the child for the first meeting; and
    • How the family can best prepare for the visit.

Footnotes

  1. All relevant persons, including foster parents, therapists, counselors, DCBS staff, and others are invited and encouraged to attend the pre-placement conference.
  2. The family is also encouraged to bring questions or issues needing further clarification to the conference.
  3. Careful consideration and planning for the introduction of the child to the family is critical.
  4. When a child is in a private child caring facility an appropriate facility representative is also invited.
  5. Does not apply to foster parent adoptions.

13.18 Pre-Placement Visits

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.18 Pre-Placement Visits
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The SSW:

  1. Talks with the child and caregiver after each visit with the adoptive family;
  2. Requests that school records be transferred; and
  3. Secures the current medical records and immunization records for the adoptive parents and the recruitment and certification (R&C) worker.

The R&C worker:

  1. Contacts the family after each visit to discuss the family’s needs and concerns;
  2. Identifies and begins securing appropriate resources the family may need after placement; and
  3. Begins to establish a relationship with the child.

The SSW and R&C worker:

  1. Document all services and contacts with the adoptive family and child during the visitation process within thirty (30) days.

Practice Guidance

The SSW follows these guidelines in planning visitation:

  • The timeframe and number of visits is based on the age, development and needs of the child; 1 
  • The first few visits are for brief periods of time and increase in duration as the child becomes more comfortable;
  • The first meeting should occur in the foster home or other appropriate setting (with the exception of PCC facility or hospital placement) and should last between one (1) and three (3) hours; 
  • The R&C worker or the SSW should monitor the first visit;
  • If siblings are placed in separate foster homes, coordination of the most appropriate visitation location for all of the children is considered;
  • An overnight or weekend visit should never occur on the first visit or until the child has shown positive signs of adjustment. 
  • Overnight visits are increased gradually in duration and frequency before the actual placement; and
  • In compliance with Kentucky Revised Statutes, all children under forty (40) inches must be transported in an approved car seat.

Related Information

  • During the pre-placement conference (or at any point during the referral process) the chair/SSW discusses reimbursement of travel expenses.
  • Expenditures of $500 or less are approved by the FSOS.
  • Expenditures over $500 are approved by the service region administrator (SRA). Some families may wish to be reimbursed up front for travel expenses.
  • The following steps may be taken to process travel expense requests:
    • The child’s SSW submits one (1) written request to the FSOS or SRA to cover all estimated expenses.  The request includes the estimated cost of travel, lodging and food for the estimated duration of the visitation;
    • A copy of the approval is forwarded to the R&C worker, the regional billing specialist and the adoptive family;
    • The R&C worker assists the adoptive family in keeping an itemized record of each visit, including mileage, lodging and food receipts;
    • Receipts must be submitted for all expenses, regardless of the amount (even if the amount is under $10). This includes, but is not limited to, children's meals and parking;
    • Original invoices are submitted to the regional billing specialist for reimbursement.

Footnotes

  1. More frequent visits are needed for a younger child.

13.19 Making the Adoptive Placement

Chapter:
Chapter 13-Adoption Services
Effective:
09/14/2018
Section:
13.19 Making the Adoptive Placement
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

The final adoptive placement occurs when all parties—the child, the adoptive parents and the workers—are ready. The adoptive parents are displaying "claiming behaviors" and the child is demonstrating positive behaviors, such as leaving possessions at the adoptive home and beginning to focus on the future. Kentucky Adoption Program Exchange (KAPE) specialists are available upon request for consultation regarding actual placement decisions.

For children moving to new adoptive families, the signing of the adoptive placement agreement and the physical move of self and belongings is the culmination of the pre-placement process. Once the placement agreement is signed, the R&C worker is responsible for providing regular support and counseling services to the child and adoptive family during the period prior to the legal adoption. Private child placing (PCP) agencies that are licensed to provide adoption services may do so by contract.

42 U.S.C. 675 requires that periodic reviews for children continue until the adoption judgment has been granted by circuit court. Adoptive parents of children whose birth parents’ parental rights have been terminated must participate fully with the Cabinet in the development of the case plan by identifying their perception of the child’s individualized needs as well as barriers to finalization of the adoption. Adoptive parents are notified of all conferences and notification includes information on the purpose, time, location and attendees. Adoptive parents have the right to legal counsel at these proceedings.

Procedure

  1. The SSW and/or the FSOS are present at the time the child says good-bye to the foster family and ensure that the child receives all of his/her belongings. 

The SSW: 

  1. Assesses the child’s behavior to determine his readiness for placement;
  2. Provides all related information necessary to ensure the continuity of health, educational and psychological care of the child; 1 
  3. Along with the prospective adoptive parents sign five (5) originals of the DPP-195 Adoptive Placement Agreement and forward them to the R&C worker on the date of placement;
  4. Writes the child’s full legal name and case number in the upper right hand corner of the central office copy for identification purposes; 2  
  5. Forwards the child’s case record, within ten (10) working days, to the worker who assumes case responsibility for the child; 
  6. Informs the adoptive family of their rights as custodian of the child to request a fair hearing on behalf of the child if they have dissatisfaction with services when the child is placed with the adoptive family and the DPP-195-Adoptive Placement Agreement is signed;
  7. And the R&C worker sign the agreement and distribute copies within five (5) working days to the:
    1. Adoptive family; 
    2. Children’s benefits worker; and
    3. Adoption Services Branch specialist.

Practice Guidance

  • All parties, including the child, are informed regarding the official placement date in advance. 

Footnotes

  1. The adoptive family is given instructions on how to apply for the child's new social security number.
  2. A copy is filed in the child's case record.

13.20 Post Placement Services

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.20 Post Placement Services
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The R&C worker: 

  1. Contacts the family by phone within twenty-four (24) hours after placement to obtain an update on the child and family; 1
  2. Makes a face to face visit with the child and adopting family no later than three (3) working days after placement;
  3. Contacts the family weekly during the first month of placement and visits with the child and adopting family in the family’s home at least monthly until the adoption is finalized; 2 
  4. Consults, by phone, with the child’s SSW concerning significant problems in the child's adjustment;
  5. Assists the family in accessing support services, counseling, support groups, parenting classes, medical services, resource parent mentors, day care, respite care, residential care, etc.;
  6. Reviews DCBS corporal punishment policy with the family and discusses alternate methods of discipline;
  7. Ensures that the post-adoption assistance agreement and the non-recurring expense agreement, if applicable, are approved and signed;
  8. Provides guidance to the family to assist with the finalization of the adoption after a period of adjustment.

Practice Guidance

  • Families with health insurance are reminded to add the child to their plan.

 

  • The adoptive family participates in case planning conferences and permanency hearings until the adoption is finalized.

 

  • Post Placement Services Provided by the PCC
    • The PCC provider gives a copy of their recordings and a written progress report on the status of the placement to the SSW. 3  
    • The report includes:
      • Dates, locations, persons contacted and type of contact, e.g. phone, home visit and office interview;
      • Observation and analysis of the child’s physical, mental and emotional development.  If the child has medical issues, monthly reports include written updates from medical providers;
      • An evaluation of the quality of the relationships existing between the child and the adoptive family;
      • Any other appropriate comments and recommendations; and
      • Target date for achieving permanency (adoption finalization).
  • A SSW may also need to provide post-legal adoption services following the finalization of the adoption. The SSW documents all services or contacts with the family (and child) within thirty (30) days of the date of the service.

Footnotes

  1. An exception may be made by the FSOS for foster parent adoption.
  2. An exception may be made by the FSOS for foster parent adoption. The child is interviewed privately during each visit. More frequent visitation may be necessary (every two (2) weeks) when serious adjustment problems are occurring.
  3. Reports must be received within fifteen (15) days of the end of the monthly reporting period.

13.20.1 Withdrawing the Adoptive Referral

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.20.1 Withdrawing the Adoptive Referral
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

If for any reason a referral needs to be withdrawn, the recruitment and certification (R&C) worker:

  1. Tells the adoptive family in a face to face meeting; 1
  2. Tells the child in a face to face meeting; 2
  3. Documents the offer for a face to face meeting in the adoptive family record if the family chooses not to meet face to face with either worker to discuss the withdrawal of the referral; and
  4. Secures the adoptive family’s copy of the child’s presentation summary and returns it to the SSW for the child.
  5. If the withdrawal is a result of reports of abuse or neglect, the R&C worker and family services office supervisor (FSOS) consult with the service region administrator (SRA) and the Office of Legal Services concerning procedures to remove the child from the home.
  6. The SSW indicates the referral is withdrawn in TWIST and returns the adoptive home narrative to the R&C worker for the home.

Practice Guidance

  • The adoptive referral can be withdrawn at any point in the process by either the prospective adoptive parent(s) or the SSW in consultation with their FSOS.

Footnotes

  1. The child’s SSW may also be present.
  2. The child's SSW may also be present.

13.21 Annual Permanency Reviews

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.21 Annual Permanency Reviews
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The SSW: 

  1. Notifies the court of the need for an annual permanency review (APR) sixty (60) days prior to the twelve (12) month deadline;
  2. Notifies the adoptive parents of the APR at least seven (7) days prior to the court date. 1  

Practice Guidance

  • Annual permanency reviews are held every twelve (12) months in the court, which is responsible for reviewing the permanency plan.
  • As long as the child is in an adoptive placement, annual permanency reviews are continued until the adoption judgment has been granted by the circuit or family court.
  • Adoptive parents have the right to have their attorney present, at the court’s discretion.
  • If the adoptive placement disrupts or the child’s status in the home changes from adoption to foster care and the child is recommitted to the Cabinet, annual permanency reviews are reinstated.

Footnotes

  1. Notification includes information on the purpose, time and location of the review and who is to attend.

13.22 FTM/Periodic Review for Children in Adoptive Placement

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.22 FTM/Periodic Review for Children in Adoptive Placement
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

  1. The SSW with case responsibility schedules required periodic reviews.
  2. The SSW sends notice of each conference to the adoptive parents and the following items are addressed until the adoption is finalized:
    1. Barriers to permanency (i.e. adoption finalization);
    2. The appropriateness of services, including whether services are being provided according to schedule and whether adoptive parents and child are meeting expectations;
    3. A target date for achieving permanency (adoption finalization);
    4. Revision of the case plan; and
    5. The date of the next periodic review.

Practice Guidance

  • Periodic review conference participants include, but are not limited to:
    • R&C supervisor/designee (chairperson);
    • R&C worker/private child placing agency (PCP) provider if a PCP adoption;
    • Child of appropriate age and development;
    • Adoptive parents;
    • Other interested parties with a legitimate interest in the case with the permission of the adoptive parents; and
    • An objective third party (when the conference is a periodic review).
    • An objective third party may be a Cabinet staff person who has no supervisory or case management of, or the delivery of services to, for the adoptive family or child.
  • When the child is in an out of state adoptive placement and distance precludes a face to face conference, a telephone conference is arranged.  Input from all relevant parties (adoptive parents, child of appropriate age, worker providing courtesy supervision, SSW and FSOS) is gathered and included in the conference documents.  The date of the case conference is the date that the case plan is established.
  • A family team meeting (FTM) is held at the time of adoption finalization to discuss post-adoptive services and resource linkages for the adoptive family.
  • Adoptive parents are required to participate fully with the Cabinet in the development of the case plan by identifying their perception of the child’s individualized needs as well as barriers to finalization of the adoption.

13.23 through 13.24-Not Yet Utilized

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.23 through 13.24-Not Yet Utilized
Version:
1

Reserved for future use.

 

13.25 Petition for Adoption

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.25 Petition for Adoption
Version:
1

Legal Authority/Introductio 

LEGAL AUTHORITY:

When any questions arise concerning the legality of any phase of the adoption proceedings, the Office of the General Counsel is consulted through a central office adoption specialist.

Procedure

Central office staff:

  1. Forwards the petition to the FSOS with a request that the report to the court be prepared;
  2. Notifies the Office of the General Counsel when problems arise with the petition, who then communicates with the family’s attorney to advise a correction or other procedure.

The FSOS:

  1. Immediately notifies the judge in writing of the situation when it is determined that the adoptive petitioner does not have standing to petition for the adoption, and, when applicable, of the Cabinet’s inability to complete the report to the court;  
  2. Notes the inaccuracy in the cover letter to the judge when other inaccuracies have not been corrected prior to submitting the report to the court.

Practice Guidance

  • A petition for adoption of a child placed by the Cabinet and for whom a DPP-195 Adoptive Placement Agreement, has been signed by all applicable parties may be filed when placement occurs or anytime thereafter.
  • The petition is filed in the Circuit court in the family’s county of residence.
  • The family must:
    • Be a resident of Kentucky or have resided in the state for the previous twelve (12) months;
    • Have been an army post resident for sixty (60) days prior to filing a petition.  
  • When the child is from another state, the proposed adoptive family may elect or be required to finalize the adoption in the child’s sending state.  Applicable services from the Kentucky supervising agency are arranged through the Interstate Compact for the Placement of Children (ICPC) Deputy Administrator.
  • Cabinet staff may not assist a family who prefers to file their own petition, rather than to employ an attorney.  However, the SSW may inform the family regarding the Cabinet's role in submission of the court report.
  • When a petition is filed for the adoption of a minor child, the clerk of the Circuit court forwards two (2) copies of the petition to central office, where it is reviewed for legal accuracy.

13.26 Assisting the Adoptive Family's Attorney in Finalizing the Adoption of a DCBS Child

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.26 Assisting the Adoptive Family's Attorney in Finalizing the Adoption of a DCBS Child
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

  1. The FSOS provides the following information to the adoptive family’s attorney for DCBS children for whom a DPP-195 Adoptive Placement Agreement has been signed by all applicable parties:
    1. A certified copy of the order and judgment terminating parental rights after the child's name and date of birth have been verified; 1   
    2. The child’s birth name;
    3. The child's birth date;
    4. The child's state of birth; and
    5. An explanation that the DPP-215 Consent to the Adoption is filed with the report to the court after completion of the post-placement services.

Practice Guidance

  • Cabinet staff can not recommend a specific attorney or law firm for purposes of finalizing an adoption.

Obtaining the adopted child’s new birth certificate:

  • If the adopted child was born in Kentucky, the Kentucky Office of Vital Statistics prepares a new birth certificate upon receipt of notice from the Circuit court clerk that the adoption has been legalized. 
  • The new birth certificate is issued in the child’s adoptive name, listing the adoptive parent as the child’s parents and indicating the adoptive parent’s county of residence as the child’s county of birth. 
  • The child’s original birth certificate is sealed from the date of the judgment of adoption and can only be released through court order.
  • After the adoption judgment has been granted, the Circuit court clerk sends the completed VS-102 form with the child’s adoptive name and the names of the adoptive parents to the Division of Vital Statistics in the Cabinet for Health and Family Services.
  • The fee for the new birth certificate and request for a copy may be forwarded to the Division of Vital Statistics by the Circuit court clerk with the VS-102 form, or separately by the petitioner’s attorney or by the petitioners themselves.
  • The new birth certificate is then issued.
  • To obtain the new birth certificate for a child born out of state, the Circuit court clerk sends the VS-102 with the appropriate fee to the vital statistics office in the child’s state of birth.
  • The address of the out of state vital statistics offices can be obtained from the Adoption Services Branch.

Footnotes

  1. If a discrepancy is noted, the Office of the General Counsel is notified and prepares an amended order.  (A certified copy of the amended order is provided to the family's attorney).

13.27 Court Report

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.27 Court Report
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

  1. Central office staff notifies the recruitment and certification (R&C) worker or private child placing (PCP) provider to prepare the court report upon receipt of the adoption petition from the Circuit court clerk. 1 
  2. The R&C worker or PCP provider writes the report to the court, keeping in mind the purposes of the report as stated below: 2
    1. To summarize the information on the child, the birth family and the adoptive family;
    2. To inform the Circuit court judge whether the content of the adoption petition is true;
    3. To advise whether the adoptive family is suitable for the child and the child is suitable for adoption; and
    4. To advise whether the adoption is in the best interest of the child.
  3. The R&C worker completes the following steps when submitting the court report:
    1. Prepares the report to the court;
    2. Attaches copies of pages four (4) and six (6) of DPP-191 Information to be Obtained from Placing Parent, on each of the birth parents and the DPP-192 Biological Parent Consent Form, completed by any parent voluntarily terminating parental rights or any alleged father admitting paternity; 
    3. Forwards the original and one (1) copy of the court report and attachments to the supervisor, and retains the remaining copy for the local file; and
    4. Prepares a cover letter in quadruplicate addressed to the Circuit court judge, post-dated five (5) working days, for the appropriate FSOS's signature.
  4. The SSW completes the DPP-191 when unable to obtain completed DPP-191’s and DPP-192’s from one (1) or more birth parents or has been unable to obtain the information and:
    1. Documents the absence of the forms in the cover letter;
    2. States the reasons and cites the statute number KRS 199.520(4)(a) for the DPP-191 and KRS 199.572(1) for DPP-192; and
    3. Provides the FSOS with the name and address of the petitioner’s attorney.
  5. The FSOS reviews the report and makes the following distribution:
    1. Original cover letter and court report to the appropriate circuit judge;
    2. One (1) signed copy of the cover letter to the worker;
    3. One (1) signed copy of the cover letter and court report to staff in central office; and
    4. One (1) signed copy of the cover letter to the attorney for the petitioners.
  6. The R&C supervisor submits a consent to adopt with the court report for agency and private child care adoptions of children committed to the Cabinet.

Footnotes

  1. In a DCBS agency placement the worker is responsible for making a report to the court within ninety (90) days after the placement or ninety (90) days after the petition has been filed, whichever is later.
  2. The PCP provider prepares an original and two (2) copies of the court report and submits to the SSW. 

13.28 Adoption Judgment

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.28 Adoption Judgment
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The R&C worker:

  1. Retains responsibility for the case (agency or independent) until the adoption judgment is granted;
  2. Completes the following tasks when the judgment has not been received within one-hundred, eighty (180) days after submission of the court report:
    1. Verifies the status of the petition;
    2. Checks with the family and the Circuit court clerk, if appropriate; and
    3. Notifies the Adoption Services Branch of the outcome.

The Adoption Services Branch:

  1. Notifies the SSW and FSOS of the order of adoption after receiving it from the Circuit court clerk;
  2. Documents the adoption judgment date.

Practice Guidance

  • After the entry of the order of adoption by the court, the Circuit court clerk mails a notice or copy of the judgment of adoption to the Adoption Services Branch.

 

 

13.29 Sealing Closed Adoption Records

Chapter:
Chapter 13-Adoption Services
Effective:
04/12/2012
Section:
13.29 Sealing Closed Adoption Records
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

The granting of an adoption judgment closes and seals the case records of the child and family.

Procedure

  1. The recruitment and certification (R&C) worker completes the following tasks upon receiving notice from the Adoption Services Branch that the adoption has been finalized:
    1. Combines the child’s and the adoptive family’s record to include the following documents in the file: 
      1. Complete home study packet which includes the most recent annual update;
      2. Preplacement conference summary/recording;
      3. Confidential report to the court;
      4. Complete presentation summary packet (including medical, educational and other supporting documents);
      5. DPP-191 Information to be Obtained from the Placing Parent;
      6. DPP-192 Biological Parent Consent form;
      7. Biological Parents Identifying Information;
      8. Copy of the adoption judgment; and
      9. Any other documents that the worker deems necessary.
    2. Completes the DPP-189 Biological Parent Identifying Information form and places it in the adoption record. This is not given to the adoptive families.
    3. Documents in the service recording the date and the  county in which the adoption was finalized.
    4. Removes records from the file folder and places in a brown expandable folder.
    5. Gives the combined case record to the R&C FSOS who arranges to transport the record to the Records Management Section at the earliest date possible. 1

Practice Guidance

  • Documents found in TWIST should not be included in the hard file.

Footnotes

  1. If mailing the record is preferable, it may be sent by registered or certified mail.

13.30 Confidentiality of Closed Adoption Records

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.30 Confidentiality of Closed Adoption Records
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

KRS 199.570 specifies that no person having charge of any adoption record shall give to anyone, even to the parties of an adoption, the names of any parties appearing in the records or any copy of the records except upon order of the court which granted the adoption.

Procedure

The SSW: 

  1. Creates an agency/permanency case in TWIST when the parental rights to a child are terminated and the child’s permanency goal has changed to adoption;
  2. Removes all documents or information pertaining to the child from the biological parent or family case; 1
  3. Begins the child’s hardcopy agency/permanency case record; 
  4. Places all documents or information pertaining to the child in the child’s agency/permanency case;
  5. Documents in TWIST when a child is placed by the department with a resource family for adoption;
  6. Copies any materials from the biological family case record which provides information for the preparation of the presentation summary narrative;  (Refer to SOP 13.10 Preparing the Presentation Summary Packet) 2
  7. Adds all further information and materials that pertain to the child to the agency/permanency case.

The recruitment and certification (R&C) worker:

  1. Prepares the adoptive family record when an application is received;
  2. Enters into TWIST all information regarding the resource family approved to provide adoption services;
  3. Makes an entry in the adoptive home record, after a child is placed in the home, giving the date of placement, followed by the statement "A child was placed for adoption in this home on this date;" 3
  4. Adds post-placement recordings and finalization documents to the record;
  5. Combines the child’s hard copy of the agency/permanency case record and the hard copy of the adoptive family’s record, upon receiving notice from the Permanency Services Branch that the adoption has been granted, and follows these guidelines:
    1. Makes a notation in the combined case record that the adoption was granted;
    2. Completes the case sealing process for the child’s agency/permanency case in TWIST; 4
    3. Gives the hard copy of the combined closed record to the FSOS. 

The FSOS: 

  1. Arranges to transport the closed case record to the Records
  2. Management Section within thirty (30) days of the notification of the adoption being granted. 5

Practice Guidance

  • Transfer of the agency/permanency case can occur at any time during the process prior to case sealing.

 

  • When there are other children in the family receiving services, the biological family case remains active in TWIST.

Footnotes

  1. These documents include any medical, psychological and/or school reports. 
  2. These materials include information pertaining to the circumstances of the child before coming into out of home care, the reason the child came into care and all documents that provide background information on the biological parents, siblings and other extended biological family. 
  3. The record remains in the active files until adoption finalization. 
  4. The child will automatically be added to the adoptive family’s provide case as a resource individual.
  5. Mailing the record is not advised; however, if mailing becomes necessary, registered or certified mail should be used.

13.30.1 Requesting Non-Identifying Information About Biological Relatives from Closed Adoption Records

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.30.1 Requesting Non-Identifying Information About Biological Relatives from Closed Adoption Records
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

The adoption must have been finalized in Kentucky in order for the Cabinet to provide non-identifying information. Non-identifying information that may be provided by written request includes medical/health, educational, cultural and family background information, as available in the record. Non-identifying information can be provided to the adult adopted person upon their written request to the Cabinet. Non-identifying information can also be provided to the adoptive parents of an adopted child prior to the finalization of the adoption.

Requests for information from closed adoptive records may come from adult adopted persons, attorneys and courts.  All requests for non-identifying information from closed adoption records are submitted in writing to the central office Adoption Services Branch.

The record is reviewed by the central office Adoption Services Branch, and the available non-identifying information is summarized and forwarded to the requestor. No information contained in the record that tends to identify individuals, other than the adopted person, shall be provided without a specific court order.

Procedure

If the local SSW receives a request for information, he/she should:

  1. Provide the requestor with a current informational brochure; and
  2. Refer the requestor to the central office Adoption Services Branch for guidance.

Practice Guidance

  • All written requests should include the following information, if known:
    • The adoptive name of the adopted person (not married name or nicknames);
    • The adopted person’s birth date (month, day and year);
    • The birth name of the adopted person;
    • The names of the adoptive parents;
    • The county in which the adoption was finalized, usually the county in which the adoptive parents lived at finalization;
    • The biological mother and biological father's names;
    • The requester’s name, address, telephone number and relationship to the adopted person;
    • A photocopy of a valid, government issued ID card.

13.30.4 Request for Information from a Biological Parent

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.30.4 Request for Information from a Biological Parent
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The SSW: 

  1. Encourages the biological parent to submit a completed DPP-192 Biological Parent Consent Form to be placed in the file when a request is received from a biological parent seeking information about an adopted or adoptable person; 1 
  2. Does not release information about the adopted or adoptable person without a court order from the court which granted the adoption.

Practice Guidance

  • The department can not contact an adult adopted person or adoptive family at the request of biological family members, except when a physician-verified statement regarding a health condition is received. (Refer to SOP 13.30.5 Updating Health Information).

Footnotes

  1. Termination of parental rights was granted, but no finalized adoption occurred, either adult or child.

13.30.2 Request for Inspection of Adoption Records for Identifying Information and Contact with the Birth Family

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.30.2 Request for Inspection of Adoption Records for Identifying Information and Contact with the Birth Family
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

The adoption must have been finalized in Kentucky in order for the Cabinet to provide search services.

Procedure

The central office Adoption Services Branch adoption specialist: 

  1. Instructs an adopted person who is twenty-one (21) years old or older and attempting to obtain information from closed adoption records, to file an AOC-290 Petition to Inspect Adoption Records form, with the court that finalized the adoption; 1 
  2. Notifies each biological parent identified on the original birth certificate that the adult adopted person has requested to inspect the adoption record, upon direction from the Circuit or Family court; 2 
  3. Requests a fee in the amount of one-hundred, fifty dollars ($150) for conducting a biological parent search; 3 
  4. Requests and reviews archived adoption records and original birth certificates for identifying information, or any previously filed biological parent consent forms;
  5. Summarizes and sends identifying information to the FSOS in the county where the biological parents were last known to be located;
  6. Reviews the search results, attachments and record for accuracy;
  7. Submits an affidavit of notification summarizing the search results to the court, which issued the order to search;
  8. Instructs the adult adopted person to contact the Adoption Services Branch in central office to make an appointment to inspect the adoption records, if so granted by the court; 
  9. May send copies of the record to the adult adopted person, if so ordered by the court.

The FSOS: 

  1. Initiates the search (completed within six (6) months of the court order; and documented for the court) by assigning appropriate staff to actively search for the biological parents without revealing the identity of the adult adopted person.

The SSW:

  1. Utilizes all available resources to conduct the biological parent search including, but not limited to the following:
    1. Cabinet databases and systems (e.g. mainframe, TWIST, KASES, etc.);
    2. Internet databases or directories not charging fees;
    3. Library records, newspapers, obituary records, school yearbooks, city directories, county clerk records (property transfer, voter registration, driver's license) or neighborhood contacts (Refer to Biological Parent Search Results);
  2. Notifies the biological parent, if found, by personal and confidential contact, (not by mail) and obtains a written consent or denial of consent using the DPP-192 Biological Parent Consent Form;
  3. Provides the biological parent with the following information when notifying the biological parent of the adult adopted person’s petition to inspect the adoption record:
    1. The nature of the information requested by the adult adopted person;
    2. The date of the request of the adult adopted person;
    3. The right of the biological parent to file with the court or the Cabinet consent or denial of consent statement at any time;
  4. Submits a detailed report of search results with any relevant attachments and forms to the Adoption Services Branch in central office.

Practice Guidance

  • When the biological parents place the child for adoption, they are asked to complete and sign a DPP-192-Biological Parent Consent Form. This form provides consent to inspection of the adoption record, to personal contact by the child, or to both after the adopted person reaches twenty-one (21) years of age and requests information. The biological parent may modify their consent at any time.
  • No identifying information, including the individual’s original birth certificate, may be released to any requesting party without an order from the court which finalized the adoption.
  • When written consent is on file, court and Cabinet records are available for inspection or copying by the adult adopted person upon order of the court that granted the adoption. However, the court may request the Cabinet to confirm that any filed consent or denial of consent is still valid by ordering the Cabinet to conduct a biological parent search.
  • In the event there is no past or current consent or denial of consent on file in the court record, the court will order the Cabinet to conduct a search. The Cabinet searches for the biological parents listed on the original birth certificate in an attempt to obtain their consent for the adult adopted person’s inspection of records. The court order is mandatory in order to proceed.
  • After an affidavit of notification is submitted to the court, the court then issues a form AOC 290.2, which is the court order granting or denying the adult adopted person access to the adoption record.
  • The court mails a copy of the AOC 290.2 to the adult adopted person and to the Cabinet.
  • When the Cabinet is unable to locate the biological parents, or certifies they are deceased, the Circuit or Family court judge may order that the adult adopted person may be provided with identifying information about their biological parents.
  • The Circuit or Family court judge may also order that the adult adopted person be provided with a copy of their original birth certificate. In this instance, the adult adopted person must provide a copy of the court order to vital statistics and comply with their procedures.

Footnotes

  1. If the adult adopted person does not know which court finalized the adoption, he or she may contact the central office Adoption Services Branch adoption specialist for assistance.
  2. Within seven (7) working days of receipt of the request, the Circuit or Family court which granted the adoption directs the Cabinet to take this action.
  3. The fee can be waived only upon approval of the court. Checks are made payable to the Kentucky State Treasurer and forwarded to the central office Adoption Services Branch after the adult adopted person has received the acknowledgment letter from the Cabinet that the court order to search has been received.

13.30.3 Mutual Requests from Pre-Adoptive Siblings

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.30.3 Mutual Requests from Pre-Adoptive Siblings
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

An adopted person and/or a sibling with a prior relationship may request to re-establish contact with each other.  An adopted person or sibling age eighteen (18) or older may file information about himself, present address, desire to be reunited and a statement authorizing the Cabinet to release the information to his sibling if he/she makes a similar inquiry.

Practice Guidance

  • If a mutual request for contact from the siblings is contained in the record and a pre-adoptive relationship is confirmed by the central office Adoption Services Branch, the siblings may immediately be put in contact with each other.
  • If no mutual request is contained in the record, the information provided by the sibling is filed in the record. If the request becomes mutual, the siblings may immediately be put in contact with each other without a court order.

13.30.5 Updating Health Information

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.30.5 Updating Health Information
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

If a biological parent, an adult biological sibling or provider of medical services submits a physician-verified statement regarding a physical or mental health condition that has the potential to affect the adopted person’s quality of life, the following procedures must occur.

Procedure

The central office Adoption Services Branch adoption specialist:

  1. Makes a diligent effort to locate and notify the adopted person, adoptive parents of the adopted child or adult adopted person of the health issue;
  2. Does not provide any identifying information without a court order;
  3. Submits the updated health information to the Circuit or Family court clerk where the adoption was finalized and requests the information be placed in the court record;
  4. Initiates procedures to locate and notify the adult adopted person, adoptive parents of the adopted child or adoptable person if the health information received includes physician-verified condition(s) that may potentially affect the physical or mental health of genetically related persons.

The SSW:

  1. Forwards any updated health information received in the local office to the central office Adoption Services Branch adoption specialist for necessary action and filing in the Cabinet's adoption record.

Practice Guidance

  • If a private child placing agency or the court receives health information as above, the information will be submitted immediately to the central office adoption specialist for necessary action and to be placed in the Cabinet's adoption record.

13.31 through 13.33-Not Yet Utilized

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.31 through 13.33-Not Yet Utilized
Version:
1

Reserved for future use.

 

13.34 Adoption Disruption

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.34 Adoption Disruption
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

The decision to remove a child from an adoptive family prior to the legalization of the adoption is made with the same seriousness and forethought that is given to removing a child from his birth family.

Procedure

The SSW: 

  1. Provides services to the child if disruption issues arise and focuses on the following:
    1. Providing counseling for the child to understand the reason the adoption disrupted, including allowing the child to enter feelings and information about the disruption in their lifebook;
    2. Alleviating self blame and working toward increased self-esteem;
    3. Helping the child to identify any growth experiences as a result of the placement; and
    4. Assessing the child’s readiness for another adoptive placement and the type of adoptive family the agency should seek for the child;
  2. Notifies the Adoption Services Branch manager at central office in writing within four (4) working days, upon consideration of the issue of disruption, to plan a conference for addressing the following issues:
    1. Issues of concern in the placement;
    2. Resources that have been used;
    3. Other resources that may be helpful;
    4. The pros and cons of continuing the placement;
    5. If the placement continues, identifying additional services and resources to be used;
    6. When disruption is the plan, discussing the placement alternatives and updating the presentation summary to reactivate the child in the family and child matching process; and
    7. When siblings are involved and separation of siblings is being considered by anyone, policy regarding separation of siblings is followed (SOP 13.9 Sibling Relationship Decisions).

Practice Guidance

  • The planning conference includes the following participants:
    • Adoptive parents;
    • Recruitment and certification (R&C) worker or private child placing (PCP) provider if a PCP foster parent adoption;
    • R&C supervisor;
    • Service providers, if applicable;
    • Service region administrator (SRA) or designee (optional);
    • Former SSW (optional); and
    • Child, when appropriate.

 

13.35 Working with the Family During Disruption

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.35 Working with the Family During Disruption
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

It is the responsibility of the adoptive family’s recruitment and certification (R&C) worker or private child placing (PCP) provider to work with the family during disruption.

Procedure

The R&C worker/PCP provider:

  1. Explains to the family that:
    1. Another family will be selected for the child;
    2. A schedule for the pre-placement conference and visits will be developed; and
    3. They are expected to help prepare the child for the move in the following ways:
      1. Explaining to the child why he is not remaining with them;
      2. Sharing information and speaking positively with the child about the new family;
      3. Participating in the pre-placement conference; and
      4. Cooperating with agency and new adoptive parents during pre-placement visits;
  2. Supports the family in the following ways:
    1. Being available to the disrupting family;
    2. Stressing the need to focus on the original plan when the disrupting family begins to advocate for an early move;
    3. Helping them talk about their feelings;
    4. Emphasizing family strengths; and
    5. Praising them for their cooperation and efforts to keep the child’s best interest in mind.
  3. The R&C worker provides follow-up services to the family after disruption.

Practice Guidance

  • The R&C worker/PCP provider is available to the family during pre-placement visits, and to meet regularly with the disrupting child in order to talk about their feelings and their functioning.

 

13.36 Alternative Placements When Disruption Becomes the Plan

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.36 Alternative Placements When Disruption Becomes the Plan
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

The alternative placement chosen following adoption disruption must best meet the needs of the child.

Procedure

The SSW:

  1. Considers the following alternatives in making a placement decision for a child after an adoption disruption:
    1. Another adoptive family;
    2. A foster/adoptive family;
    3. Foster care; or
    4. Residential care;
  2. Supports the child as much as possible during this time and asks questions aimed at bringing out the child’s feelings;
  3. Attempts to make the disruption a learning experience.

The recruitment and certification (R&C) worker/private child placing (PCP) provider:

  1. Helps the family prepare to tell the child that the placement is ending.

Practice Guidance

  • Plans for moving a child from an adoptive placement to an alternative placement must be well thought out and shared with the child in advance.

13.37 through 13.38-Not Yet Utilized

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.37 through 13.38-Not Yet Utilized
Version:
1

Reserved for future use.

 

13.39 Adoption Assistance

Chapter:
Chapter 13-Adoption Services
Effective:
01/31/2019
Section:
13.39 Adoption Assistance
Version:
4

Legal Authority/Introduction

LEGAL AUTHORITY:

 

Adoptive families are given detailed information concerning the full range of financial supports, medical assistance and services available to them and their "special needs child".  Unlike foster parents, adoptive parents are expected to assume the routine financial costs of parenting (food, clothing and shelter).  Adoptive families are given a copy of the Kentucky Adoptive Assistance Handbook for Parents.  Adoption assistance may include one (1) or more of the following options:

  • Monthly subsidy
  • Non-recurring expenses
  • Extraordinary medical expenses

The purpose of monthly subsidy is to assist the adoptive family in meeting the special needs of the child.  Monthly subsidy is a negotiated monthly rate and is not necessarily equal to the applicable foster care per diem for the child. However, the monthly subsidy can not exceed the applicable DCBS foster care per diem for the child.

The purpose of non-recurring adoption assistance is to offset the expenses of adopting a "special needs" child.  The maximum amount can not exceed $1000.00 per child.  Allowable expenses include: court costs, adoption fees, and attorney fees; cost of adoptive home studies, including health and psychological examinations; supervision of placement costs prior to adoption; and transportation, food, and lodging for the child and adoptive parents when necessary to complete the adoptive placement of the adoption finalization process.

Extraordinary medical expenses are state-funded expenses related to a child’s special needs that existed prior to the adoption and are not reimbursable by private insurance, the medical card, or any other resource. Parents may be required to make a co-payment based on their income.

The Cabinet provides adoption assistance for special needs children who meet the following criteria:

  • DCBS staff determines that the child will not be returned to the home of his parents (e.g., TPR);
  • The child has a specific special need; and
  • A reasonable, but unsuccessful effort was made to place the child without providing adoption assistance (e.g. referral to Kentucky Adoption Profile Exchange (KAPE) or out-of-state agency as there was no waiting family available, or conditions exist which have made it impossible to place such a child in the past without adoption assistance).

Practice Guidance

  • Adoption assistance may be available to any child for whom an adoptive placement is unlikely without assistance and who has "special needs."  "Special needs" is one (1) or more of the following conditions or circumstances that makes a child hard to place:
    • A physical or mental disability;
    • An emotional or behavioral disorder;
    • A recognized/documented risk of physical, mental, or emotional disorder;
    • A member of a sibling group (defined as two [2] or more children)  in which the siblings are placed together;
    • Previous adoption disruption or multiple placements;
    • A member of a racial or ethnic minority and two (2) years old or older; or
    • Age seven (7) or older with a significant emotional attachment or psychological tie to his foster family and the Department has determined that it would be in the child’s best interest to remain with the family.
  • Children who are receiving Supplemental Security Income (SSI) benefits are eligible for Title IV-E adoption assistance. Inquiries concerning this should be directed to the central office Adoption Services Branch, adoption assistance specialist.
  • Due to the Fostering Connections to Success and Increasing Adoptions Act of 2008 the following groups of children are automatically eligible for Title IV-E adoption assistance:
    • Children who have been determined to have special needs and who have been in out of home care (OOHC) for sixty (60) consecutive months prior to their adoption;
    • A child who is a sibling of an eligible child based on age or time in care, and placed in the same adoption arrangement as the sibling; or
    • Children who are sixteen (16) years of age in federal fiscal year (FFY) 2010, meet criteria for special needs acceptance and are adopted from OOHC. 
  • Before Family First Prevention Services Act (FFPSA), all children were considered an “applicable child” for determining eligibility for title IV-E adoption assistance as of October 1, 2017. However, the FFPSA revised the program eligibility rules to delay phasing in the “applicable child” requirements based on the age of the child. This means that from January 1, 2018 until June 30, 2024, the “applicable child” requirements apply only to children who will be age two or older by the end of the fiscal year their adoption assistance agreement was entered into. However, a child may still be considered “an applicable child” if the child is a sibling of an “applicable child” and meets requirements as detailed at section 473(a)(2)(A)(ii) of the Act. Title IV-E adoption assistance agreements entered into prior to January 1, 2018 are not affected by these changes.
  • Beginning January 1, 2018, DCBS must determine whether a child is an “applicable child” based on the child’s age by the end of the fiscal year their adoption assistance agreement was entered into as demonstrated by the table below:

      

In the case of fiscal year:                  The applicable age is:

2010                                                     16

2011                                                     14
 
2012                                                     12

2013                                                     10

2014                                                       8

2015                                                       6

2016                                                       4

2017 - 2023                                           2

2024                                                      2 (or in the case of a child for whom an adoption assistance
                                                              agreeement is entered into under this section on or after 
                                                              July 1, 2024, any age)
                                                             
2025 or thereafter                                any age
 


 

  • The SSW will take into consideration the circumstances of the adopting parents and the needs of the child being adopted when negotiating adoption assistance payments; however there is no income eligibility requirement (means test) for the adoptive parents in determining their eligibility for adoption assistance.  

Related Information

  • Children receiving "entitlements" (Social Security/RSDI-Survivor Disability Benefits, Black Lung Benefits, Veteran’s Administration Benefits, and Railroad Retirement) based on a biological parent’s death or disability are eligible to receive the benefits after adoption. The Social Security Administration (SSA) and other benefit agencies require adoptive parents to apply for entitlements after final adoption.
    • To enable consideration by SSA and other agencies for benefits, the adoptive parents sign a release of information for the child. These arrangements are made by the regional children’s benefits worker (CBW) through the SSW and the release of information is then sent to the central office children's benefits coordinator for processing at the following address:

      Cabinet for Health and Family Services
      Division of Administration and Financial Management
      275 East Main Street, 3W-C 
      Frankfort, KY 40621
  • Children receiving "entitlements" (Social Security/RSDI-Survivor Disability Benefits, Black Lung Benefits, Veteran's Administration Benefits, and Railroad Retirement) are eligible to receive the benefits after adoption. The child may receive full entitlement benefits and the adoptive parents may receive full subsidy payment.
  • Children may receive insurance settlements after adoption from a biological parent without reduction of the adoptive parents' subsidy.

 

  • Upon the day of the final approval of adoption, the children's benefits coordinator is notified by the CBW.   The Cabinet notifies SSI of the adoption and any reserve benefits from the Children's Trust Fund is returned to the Social Security Administration (SSA).  If a release of information has been supplied to the children's benefits coordinator, then SSA will be notified as to the identity and address of the adoptive family. If a release of information has not been provided, SSA will only be told that the child has been adopted and the date of the final adoption.
  • If, after finalization of the adoption, it is determined that the adoptive family is financially approved by SSA to receive SSI benefits as payee on behalf of the adopted child, the regional billing specialist is notified by the CBW. 
  • Upon finalization of the adoption, SSI benefits are reduced by the amount of the adoption subsidy when the family receives both SSI benefits and adoption subsidy
  • Children receiving SSI prior to final adoption may not be eligible after adoption because SSI is not entitlement, and eligibility is based on the adoptive family's income and the child's disability.
  • Due to the possible length of the determination process by SSA, the adoptive family may be sent a retro benefit upon final approval of SSI. The retro benefit, up to the date of the final adoption, belongs to the Cabinet as the Cabinet paid the adoptive family a per diem during the approval process. The R&C worker instructs the adoptive family to forward the appropriate retro benefit amount to the Cabinet for Health and Family Services. The adoptive family writes a check to the State Treasury and attaches a note advising these are the funds owed to the Cabinet from retro SSI benefits and list adoptive name, original birth name and social security number of the child. These documents are mailed to: 

    Cabinet for Health and Family Services
    Division of Administration and Financial Management
    275 E. Main 3W-C
    Frankfort, KY  40621

13.40 Approval of Adoption Assistance

Chapter:
Chapter 13-Adoption Services
Effective:
06/15/2018
Section:
13.40 Approval of Adoption Assistance
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

  1. The SSW facilitates DCBS reimbursement of payment for childcare services for working foster and adoptive home parents. 1 
  2. Child care reimbursements are only available for children under the age of thirteen (13); or thirteen (13) years of age and alder if there is an established need due to a physical, emotional or developmental need of the child, and with documentation provided from a physician or qualified mental health professional as defined in KRS 202A.011 stating the child is incapable of caring for themselves. 
  3. The recruitment and certification (R&C) worker submits a request for childcare to the service region administrator (SRA) that includes documentation from a qualified mental health professional (QMHP or MD) of the therapeutic need for the service for non-working  foster and adoptive home parents.
  4. Adoptive parents are informed that approved childcare co-payments will mirror those established by the Division of Child Care in Kentucky Administrative Regulation 922 KAR 2:160 and adjustments in reimbursable amounts can be made at any time.
  5. Child care services are paid by the adoptive parents and reimbursed monthly only with a paid receipt. 
  6. The SRA or designee conducts a special review of these approved requests every six (6) months. 2
  7. The R&C worker submits the request for approval of adoption assistance and extraordinary medical expenses through the R&C supervisor to the SRA or designee.
  8. Upon approval, the DPP-1258 Adoption Assistance Agreement and the DPP-1258C Adoption Assistance Agreement for Extraordinary Medical Expenses is signed by all parties and copies are distributed to the adoptive family, children’s benefits worker, and regional billing specialist.
  9. If the adoptive family requests payment to a private attorney, the attorney submits the bill for services and a copy of the adoption judgment to the R&C worker who processed the adoption assistance.
  10. The R&C worker reviews the information and forwards the bill and finalization documentation along with a copy of the DPP-1258A Adoption Assistance Agreement Non-Recurring Adoption Expenses to the Division of Administration and Financial Management, in central office for payment (see link below to the Sample Letter to Reimburse Attorneys Directly). 3 

Footnotes

  1. These requests for childcare services are reviewed at the annual contact.
  2. Approved childcare rates can not exceed the rates established by the Division of Childcare. When possible, adoptive parents are encouraged to utilize public preschool services for children of appropriate ages. 
  3. All non-recurring adoption expense reimbursement must be approved prior to finalization of the adoption and cannot exceed $1,000 per child.

13.41 Denial of Adoption Assistance

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.41 Denial of Adoption Assistance
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

To facilitate this process, the SSW:

  1. Notifies the adoptive/prospective adoptive family in writing of the denial of adoption assistance;
  2. Provides the family with a DPP-154 Protection and Permanency Service Appeal, and informs the family of their right to file a service complaint as outlined in SOP 30.1 Service Appeals. 

Practice Guidance

  • Adoptive and prospective adoptive families may request a review of a determination of ineligibility for adoption assistance through an administrative hearing.
  • A request for review must be submitted by the adoptive/prospective adoptive family to the Cabinet no later than thirty (30) calendar days from the date that the DPP-154 was issued or the date of the occurrence of the disputed action.

13.42 Annual Contact with the Adoptive Family

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.42 Annual Contact with the Adoptive Family
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

  1. The SSW sends all families receiving adoption assistance the DPP-1258B Adoption Assistance Yearly Contact Form and notifies the family that the agreement may be renegotiated at any time. 1  

Practice Guidance

  • The adoptive parent is responsible for notifying the Cabinet of any circumstances that would cause a change or discontinuance that may warrant negotiation of a new agreement.

Footnotes

  1. The amount of assistance may be adjusted if there is a change in the family's situation or the needs of the child have changed. 

13.43 Adoption Assistance Renegotiation

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.43 Adoption Assistance Renegotiation
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Adoption assistance may be renegotiated at any time upon the request of the adoptive parent.

A monthly subsidy does not automatically increase as the child becomes older or the foster care per diem changes.

Procedure

  1. The SSW completes the following tasks when an adoptive family requests an increase in their adoption subsidy:
    1. Evaluates the situation;
    2. Obtains documentation concerning special needs or conditions;
    3. Negotiates the subsidy with the family;
    4. Prepares an Adoption Assistance Renegotiation Form;
    5. Forwards through supervisory and administrative channels for approval by the service region administrator or designee; and
    6. If approved, obtains the adoptive family’s signature, and distributes to the adoptive family, children’s benefits worker and regional billing specialist; or
    7. If denied, provides the family with a DPP-154 Protection and Permanency Service Appeal, and informs the family of their right to file a service complaint as outlined in SOP 30.1 Service Appeals. 1 

Practice Guidance

  • Requested changes are effective no earlier than the date of the adoptive parents’ request.
  • Extraordinary medical expense requests, using state funds, which have caused a financial hardship on the family, may be retroactively dated no earlier than July 1 of the current state fiscal year.

Footnotes

  1. A request for review must be submitted by the adoptive/prospective adoptive family to the Cabinet no later than thirty (30) calendar days from the date that the DPP-154 was issued or the date of the occurrence of the disputed action.

13.44 Discontinuance of Adoption Assistance

Chapter:
Chapter 13-Adoption Services
Effective:
04/17/2015
Section:
13.44 Discontinuance of Adoption Assistance
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The R&C worker:

  1. Advises the adoptive family of the discontinuance in writing using the DPP-154A Notice of Intended Action, at least ten (10) calendar days prior to the intended action;
  2. Notes the date and reason for discontinuance;
  3. Sends with the notice the DPP-154 Protection and Permanency Service Appeal informing the family of their right to file a service appeal as outlined in SOP 30.1 Service Appeals.

Practice Guidance

Adoption assistance may be discontinued for any of the following reasons:

  • Federal title IV-E funded adoption assistance:
    • At the request of the adoptive parent;
    • When the child reaches age:
      • Eighteen (18); or 1
      • Twenty-one (21) if the state determines that the child has a mental or physical disability that warrants continuation of assistance;
    • The Cabinet determines:
      • The adoptive parent is no longer legally responsible for the support for the child (i.e. termination of parental rights);
      • The child is no longer receiving support from the adoptive parents;
      • No adoptive parent who signed the adoption assistance agreement remains living; or
      • In the event of a new adoption assistance agreement.
  • State funded adoption assistance:
    • When the child reaches age eighteen (18);
    • Upon high school graduation or the child's nineteenth (19th) birthday, whichever comes first;
    • Upon the death of the adoptive parents;
    • The Cabinet determines that the child is no longer receiving support from the adoptive parents;
    • The Cabinet determines that the adoptive parent is no longer legally responsible for the support for the child (i.e. termination of parental rights);
    • Upon the child's death, full-time employment, marriage or military service;
    • In the event the state legislature fails to appropriate funds to support the adoption assistance program; or
    • In the event of a new adoption assistance agreement.
  • Temporary discontinuance of state funded adoption assistance may occur during periods of time the adopted child:
    • Is placed in foster care;
    • Is placed in a residential treatment facility;
    • Is placed in a psychiatric residential treatment facility (PRTF);
    • Is placed in a psychiatric hospitalization exceeding thirty (30) consecutive calendar days;
    • Is placed in detention outside of the home for a period of thirty (30) consecutive calendar days; or
    • Is absent from the home for a period of thirty (30) consecutive calendar days, unless the child is absent due to medical care or school attendance.
  • The adoptive parent is responsible for notifying the Cabinet of any circumstances that would cause a change or discontinuance.

Footnotes

1. If a child receiving a IV-E funded subsidy turns eighteen (18) and is still in high school, the R&C worker refers to SOP 13.46 Continuation of Adoption Assistance After Age 18 for guidance.

13.45 Post Finalization Adoption Assistance Requests

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.45 Post Finalization Adoption Assistance Requests
Version:
1

Legal Authority/Introduction

 

LEGAL AUTHORITY:

  • N/A

When an adoption is in danger of disrupting or dissolving, financial assistance can be requested after an adoption has been finalized.  The child’s title IV-E eligibility will determine the benefits for which they are entitled and will determine the procedure used to make these requests.

13.45.1 State Funded Post Finalization Adoption Assistance Request

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.45.1 State Funded Post Finalization Adoption Assistance Request
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

State funds may be available when a finalized adoption (for which adoption assistance has not been previously approved) is near dissolution due to the need for extraordinary medical care, but a monthly subsidy is not an option available in state funded post finalization requests.

Approval is contingent on the following criteria:

  • The child was placed for adoption by the Cabinet;
  • The child was considered special needs prior to the adoption;
  • The parents have made a reasonable effort under the circumstances to meet the needs of the child without assistance; and
  • The child is under eighteen (18) years of age.

Procedure

The R&C worker: 

  1. Must explore other resources including Medicaid eligibility prior to submitting a post finalization adoption assistance request;
  2. Contacts the central office (CO) adoption specialist to request that the adoption file be pulled from archives and to discuss the situation;
  3. Negotiates the assistance request and submits a Post Finalization Adoption Assistance Request Form to the CO adoption specialist through appropriate supervisory channels;
  4. Attaches supporting documentation  to the request form; 1
  5. Sends the adoptive parent a DPP-154 Protection and Permanency Service Appeal with the denial letter from the Commissioner if the request is not approved. 2

The central office adoption specialist:

  1. Reviews the file to make a preliminary determination of eligibility as well as to determine which funding stream  will be accessed; 3
  2. Notifies the SSW of the initial determination and funding eligibility;
  3. Reviews the request to verify eligibility and submits it for the Commissioner's approval.

Practice Guidance

  • The adoptive parents bear the burden of proving extenuating circumstances and adoption assistance eligibility in a fair hearing.
  • If the hearing decision supports the complaint, adoption assistance is approved for payment no earlier than the date of the request for fair hearing.

Footnotes

  1. E.g. educational, mental health, medical reports.
  2. A request for a service appeal must be filed within thirty (30) days of the determination.
  3. E.g., state or IV-E.

13.45.2 Federal Title IV-E Post Adoption Finalization Adoption Assistance Request

Chapter:
Chapter 13-Adoption Services
Effective:
12/3/2010
Section:
13.45.2 Federal Title IV-E Post Adoption Finalization Adoption Assistance Request
Version:
1

Legal Authority/Introduction

LEGAL AUTHORITY:

Title IV-E (federal) funds may be available for monthly subsidy if a service appeal, as described in SOP 30.1 Service Appeals, determines that the child was wrongly denied benefits.

Practice Guidance

  • If adoptive parents feel they have been inaccurately denied benefits on behalf of an adoptive child, they have the right to a fair hearing. The following constitute grounds for a fair hearing:
    • Relevant facts regarding the child were known by the Cabinet or child placing agency and not presented to the adoptive parents prior to the finalization of the adoption;
    • Denial of assistance based upon a means test of the adoptive family;
    • Adoptive family disagrees with the determination by the Cabinet that a child is ineligible for adoption assistance;
    • Failure by the Cabinet to advise potential adoptive parents about the availability of adoption assistance for children in foster care;
    • Decrease in the amount of adoption assistance without the concurrence of the adoptive parents; and
    • Denial of a request for a change in payment level due to a change in the adoptive parents circumstances.
  • In situations where the final fair hearing decision is favorable to the adoptive parents, the Cabinet can reverse the earlier decision to deny benefits under title IV-E.

 

13.45.3 Post Adoptive Placement Stabilization Services (PAPSS)

Chapter:
Chapter 13-Adoption Services
Effective:
06/15/2018
Section:
13.45.3 Post Adoptive Placement Stabilization Services (PAPSS)
Version:
2

Legal Authority/Introduction

LEGAL AUTHORITY:

Post-Adoption Placement Stabilization Services (PAPSS) is an optional and supportive service offered to adoptive parents on a voluntary basis. Adoptive parents receiving adoption assistance (subsidy) for a Department for Community Based Services (DCBS) agency adopted child may request services if the placement is close to disruption.

Procedure

Designated regional staff (e.g. R&C worker, intake worker): 

  1. Works with the adoptive parents to complete the referral to the Family Preservation Program (FPP) or other preventative service (i.e. IMPACT Plus, Respite); 
  2. Completes the following tasks when services are unavailable or if they do not effectively improve the child’s behavior/situation:
    1. Works with the adoptive parents to complete the DPP-886 Private Child Care Interagency Referral, DPP-886A Application for Referral and Needs Assessment, the DSS-1251A Child Placement History Log, and the Child Behavior Check List (CBCL also know as the Auchenbach) for children four through eighteen (4-18) with an IQ of seventy (70) and above;
    2. Forwards this information to the Children’s Review Program (CRP), at the following address, so that CRP can assign a Level of Care (LOC) for the child:

      Children’s Review Program
      c/o GATEKEEPER
      Lexington, KY 40583-3520
    3. Verifies that the child’s initial level is a Level IV or a Level V; 1  
    4. Works with the CRP regional placement coordinator to make referrals to private child-caring (PCC) facilities;
  3. Ensures that there is agreement between the Cabinet and the adoptive parents to suspend renegotiate adoption assistance prior to proceeding with the PAPSS referral because no suspensions of adoption assistance can occur for any reason without agreement;
  4. Completes the following tasks upon concurrence of the adoptive parent(s):
    1. Provides the adoptive parent(s) written notice using the DPP-154-A Notice of Intended Action ten (10) days prior to the temporary discontinuance of adoption assistance renegotiation of adoption assistance;
    2. Sends a DPP-154 Protection and Permanency Service Appeal with the notification letter;
    3. Discusses these procedures prior to mailing the notification of temporary adoption assistance discontinuance to the family;
    4. Explains that the family is to participate in the child’s treatment plan while the child is in placement;
    5. Documents the events/activities in the service recordings of adoptive/provide case (The child remains in the adoptive/provide case in TWIST);
  5. Submits to the Division of Administration and Financial Management:
    1. PCC monthly billing statement;
    2. Child’s name;
    3. Social security number;
    4. Date of birth; and
    5. TWIST case number;
  6. Holds a Family Team Meeting (FTM) with the adoptive family, the PCC staff and the child to discuss the child’s progress and discharge plan at thirty (30) day intervals after placement;  2 
  7. Contacts the central office Adoption Services Branch for assistance if the child cannot be returned to the adoptive home at the end of ninety (90) days.

The SRA or designee:

  1. Signs the DPP-114 Level of Care Schedule authorizing payment to the PCC once steps one (1) and two (2) have been completed and a PCC has accepted the child. 3 

The SSW with case responsibility:

  1. Notifies the regional billing specialist and the Division of Administration and Financial Management (referenced above) of the child’s return home.

Practice Guidance

  • After the SSW assists the adoptive family in completing referrals for community programs, the appropriate agency works with the family to address the crisis situation to include having the adoptive parents sign a DCBS-1Informed Consent and Release of Information and Records to allow DCBS to coordinate services.
  • DCBS may provide PAPSS for out of state requests on a case by case basis.
  • Out of state inquiries are directed to the central office (CO) Adoption Services Branch at (502) 564-2147.
  • Adoption assistance is temporarily discontinued renegotiated to $1.00 and transportation assistance is provided through extraordinary medical expenses as allowed to support the child and family, effective on the date of the child’s placement.
  • Payments to the PCC are made by the Division of Administration and Financial Management through the special payments TWIST screens in the adoptive/provide case with PCC crisis stabilization selected as the payment type.
  • Any adoption assistance overpayment made to families must be repaid within ninety (90) days. Overpayment checks are made payable to the Kentucky State Treasurer and are submitted to the Division of Administration and Financial Management at the address below:

    Division of Administration and Financial Management
    275 East Main Street, 3W-C
    Frankfort, KY 40621
    Phone: (502) 564-3427
    Fax:  (502) 564-4477

 

  • In-home visits with adoptive parents are not required unless requested by the family or as a need arises.
  • An FTM may be held more often than every thirty (30) days based on the needs of the child and/or family.
  • If the child is not ready to be discharged after sixty (60) days, the designated regional staff may request a thirty (30) day extension through the SRA from the Commissioner or central office designee. 4   
  • Once the child exits PCC placement and returns to the adoptive home, adoption assistance is resumed to the rate prior to PAPSS and the family signs a new DPP-1258.
  • If appropriate, an aftercare plan is developed with the family.

Footnotes

  1. If the child’s needs do not require that level of care, designated regional staff refers the family to other appropriate resources as the child would not be eligible for PAPSS.
  2. Due to the specific circumstances in these cases, the monthly FTM meets the contact requirement outlined in SOP 3.10 Ongoing Contact with the Child and Family.
  3. The child is placed in the most appropriate residential facility that can meet the child’s needs and the adoptive parents sign the medical consent portion of the DPP-114.  
  4. PAPSS cannot exceed a ninety (90) day period in any calendar year.

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