Kentucky Statutes 199.462 – Criminal background investigation of applicant to provide foster care, relative caregiver services, fictive kin placement, or adoptive home, and of applicant’s adult household members — Request for conviction information…
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(1) Before an applicant is approved to provide foster care or relative caregiver services to a child, considered a fictive kin placement for a child, or approved to receive a child for adoption, the Cabinet for Health and Family Services shall:
(a) Require a criminal background investigation of the applicant and any of the applicant’s adult household members by means of a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation; or
(b) Request from the Justice and Public Safety Cabinet records of all conviction information for the applicant and any of the applicant’s adult household members. The Justice and Public Safety Cabinet shall furnish the information to the Cabinet for Health and Family Services and shall also send a copy of the information to the applicant.
(2) The request for records shall be in a manner approved by the Justice and Public Safety Cabinet, and the Justice and Public Safety Cabinet may charge a fee to be paid by the applicant for the actual cost of processing the request.
(3) During a certified adoptive or foster home’s annual reevaluation, the Cabinet for Health and Family Services may:
(a) Require a background investigation for each adult household member of the certified adoptive or foster home under subsections (1) and (2) of this section; or
(b) Register each adult household member of a certified adoptive or foster home under subsections (1) and (2) of this section in the rap back system.
(4) If a child is placed and resides in a fictive kin home for more than seventy-two (72) hours, the Cabinet for Health and Family Services shall take action, including but not limited to the following:
(a) Provide information on how to recognize and report child abuse or neglect; and
(b) Ensure that, within the first five (5) days of a child under the age of five (5) years old being placed in a fictive kin home, the fictive kin has completed a one (1) time training course of one and one-half (1.5) hours of training covering the prevention and recognition of pediatric abusive head trauma, as defined in KRS § 620.020.
(5) The Cabinet for Health and Family Services shall promulgate an administrative regulation to implement this section.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 10, sec. 2, effective June 29, 2017; and ch.
135, sec. 3, effective March 27, 2017. — Amended 2007 Ky. Acts ch. 85, sec.
239, effective June 26, 2007. — Amended 2005 Ky. Acts ch. 99, sec. 176,
effective June 20, 2005. — Amended 2003 Ky. Acts ch. 166, sec. 1, effective
June 24, 2003. — Amended 1998 Ky. Acts ch. 426, sec. 138, effective July 15,
1998. — Repealed, reenacted and amended 1988 Ky. Acts ch. 345, sec. 3, effective July 15, 1988. — Created 1986 Ky. Acts ch. 475, sec. 2, effective July
15, 1986.
Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 10 and 135, which do not appear to be in conflict and have been codified together.
(a) Require a criminal background investigation of the applicant and any of the applicant’s adult household members by means of a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation; or
Terms Used In Kentucky Statutes 199.462
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 199.011
- Child: means any person who has not reached his eighteenth birthday. See Kentucky Statutes 199.011
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department for Community Based Services. See Kentucky Statutes 199.011
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fictive kin: means an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child, or an emotionally significant relationship with a biological parent, siblings, or half-siblings of the child in the case of a child from birth to twelve (12) months of age, prior to placement. See Kentucky Statutes 199.011
- Rap back system: means a system that enables an authorized entity to receive ongoing status notifications of any criminal history from the Department of Kentucky State Police or the Federal Bureau of Investigation reported on an individual whose fingerprints are registered in the system, upon approval and implementation of the system. See Kentucky Statutes 199.011
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(b) Request from the Justice and Public Safety Cabinet records of all conviction information for the applicant and any of the applicant’s adult household members. The Justice and Public Safety Cabinet shall furnish the information to the Cabinet for Health and Family Services and shall also send a copy of the information to the applicant.
(2) The request for records shall be in a manner approved by the Justice and Public Safety Cabinet, and the Justice and Public Safety Cabinet may charge a fee to be paid by the applicant for the actual cost of processing the request.
(3) During a certified adoptive or foster home’s annual reevaluation, the Cabinet for Health and Family Services may:
(a) Require a background investigation for each adult household member of the certified adoptive or foster home under subsections (1) and (2) of this section; or
(b) Register each adult household member of a certified adoptive or foster home under subsections (1) and (2) of this section in the rap back system.
(4) If a child is placed and resides in a fictive kin home for more than seventy-two (72) hours, the Cabinet for Health and Family Services shall take action, including but not limited to the following:
(a) Provide information on how to recognize and report child abuse or neglect; and
(b) Ensure that, within the first five (5) days of a child under the age of five (5) years old being placed in a fictive kin home, the fictive kin has completed a one (1) time training course of one and one-half (1.5) hours of training covering the prevention and recognition of pediatric abusive head trauma, as defined in KRS § 620.020.
(5) The Cabinet for Health and Family Services shall promulgate an administrative regulation to implement this section.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 10, sec. 2, effective June 29, 2017; and ch.
135, sec. 3, effective March 27, 2017. — Amended 2007 Ky. Acts ch. 85, sec.
239, effective June 26, 2007. — Amended 2005 Ky. Acts ch. 99, sec. 176,
effective June 20, 2005. — Amended 2003 Ky. Acts ch. 166, sec. 1, effective
June 24, 2003. — Amended 1998 Ky. Acts ch. 426, sec. 138, effective July 15,
1998. — Repealed, reenacted and amended 1988 Ky. Acts ch. 345, sec. 3, effective July 15, 1988. — Created 1986 Ky. Acts ch. 475, sec. 2, effective July
15, 1986.
Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 10 and 135, which do not appear to be in conflict and have been codified together.