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AN ACT relating to legislative oversight of health, welfare, and family services 1
issues. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 21A.190 is amended to read as follows: 4
(1) The General Assembly respectfully requests that the Supreme Court of Kentucky 5
institute a pilot project to study the feasibility and desirability of the opening or 6
limited opening of court proceedings, except for proceedings related to sexual 7
abuse, to the public which are related to: 8
(a) Dependency, neglect, and abuse proceedings under KRS Chapter 620; and 9
(b) Termination of parental rights proceedings under KRS Chapter 625. 10
(2) (a) The pilot project may be established in a minimum of three (3) diverse 11
judicial districts or judicial circuits or a division or divisions thereof chosen 12
by the Chief Justice. 13
(b) A pilot project authorized by this subsection shall not be established in a 14
judicial district or judicial circuit or a division thereof when objected to by the 15
applicable judge or county attorney. 16
(3) The pilot project shall: 17
(a) Require participating courts to be presumptively open; 18
(b) Last for four (4) years, unless extended or limited by the General Assembly; 19
and 20
(c) Be monitored and evaluated by the Administrative Office of the Courts to 21
determine: 22
1. Whether there are adverse effects resulting from the opening of certain 23
proceedings or release of records; 24
2. Whether the pilot project demonstrates a benefit to the litigants; 25
3. Whether the pilot project demonstrates a benefit to the public; 26
4. Whether the pilot project supports a determination that such proceedings 27 UNOFFICIAL COPY 22 RS SB 43/GA
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should be presumptively open; 1
5. Whether the pilot project supports a determination that such proceedings 2
should be closed; 3
6. How open proceedings under the pilot project impact the child; 4
7. The parameters and limits of the program; 5
8. Suggestions for the operation and improvement of the program; 6
9. Rules changes which may be needed if the program is to be made 7
permanent and expanded to all courts; and 8
10. Recommendations for statutory changes which may be needed if the 9
program is to be made permanent and expanded to all courts. 10
(4) The Administrative Office of the Courts: 11
(a) Shall provide an annual report to the Legislative Research Commission[, the 12
Child Welfare Oversight and Advisory Committee established in KRS 6.943,] 13
and the Interim Joint Committee on Judiciary by September 1 of each year the 14
program is in operation with statistics, findings, and recommendations; and 15
(b) May make periodic progress reports and statistical reports and provide 16
suggestions to the Interim Joint Committee on Health and Welfare and to the 17
Interim Joint Committee on Judiciary when determined necessary by the Chief 18
Justice. 19
Section 2. KRS 157.065 is amended to read as follows: 20
(1) Any school that does not offer a school breakfast program shall submit an annual 21
report no later than September 15 to the Kentucky Board of Education indicating 22
the reasons for not offering the program. The report shall include the number of 23
children enrolled at the school and the number of children who are eligible for free 24
or reduced priced meals under the federal program. 25
(2) The state board shall inform the school of the value of the school breakfast 26
program, its favorable effects on student attendance and performance, and the 27 UNOFFICIAL COPY 22 RS SB 43/GA
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availability of funds to implement the program. 1
(3) The commissioner of education shall submit an annual report no later than 2
December 1 to the Interim Joint Committee on Education[ and the Child Welfare 3
Oversight and Advisory Committee established in KRS 6.943] regarding the status 4
of the school breakfast program including, but not limited to, information 5
describing the schools that do not offer the program, the reasons given by the 6
schools for not offering the program, the number of children enrolled in each 7
school, the number of children in each school who are eligible for free or reduced 8
priced meals under the federal program, and the action taken by the state board to 9
encourage schools to implement the program. 10
Section 3. KRS 194A.030 is amended to read as follows: 11
The cabinet consists of the following major organizational units, which are hereby 12
created: 13
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 14
of the Ombudsman and Administrative Review, an Office of Legal Services, an 15
Office of Inspector General, an Office of Public Affairs, an Office of Human 16
Resource Management, an Office of Finance and Budget, an Office of Legislative 17
and Regulatory Affairs, an Office of Administrative Services, and an Office of 18
Application Technology Services, as follows: 19
(a) The Office of the Ombudsman and Administrative Review shall be headed by 20
an executive director who shall be appointed by the secretary with the 21
approval of the Governor under KRS 12.050 and shall: 22
1. Investigate, upon complaint or on its own initiative, any administrative 23
act of an organizational unit, employee, or contractor of the cabinet, 24
without regard to the finality of the administrative act. Organizational 25
units, employees, or contractors of the cabinet shall not willfully 26
obstruct an investigation, restrict access to records or personnel, or 27 UNOFFICIAL COPY 22 RS SB 43/GA
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retaliate against a complainant or cabinet employee; 1
2. Make recommendations that resolve citizen complaints and improve 2
governmental performance and may require corrective action when 3
policy violations are identified; 4
3. Provide evaluation and information analysis of cabinet performance and 5
compliance with state and federal law; 6
4. Place an emphasis on research and best practices, program 7
accountability, quality service delivery, and improved governmental 8
performance; 9
5. Provide information on how to contact the office for public posting at all 10
offices where Department for Community Based Services employees or 11
contractors work, at any facility where a child in the custody of the 12
cabinet resides, and to all cabinet or contracted foster parents; 13
6. Report to the Office of Inspector General for review and investigation 14
any charge or case against an employee of the Cabinet for Health and 15
Family Services where it has cause to believe the employee has engaged 16
in dishonest, unethical, or illegal conduct or practices related to his or 17
her job duties; or any violation of state law or administrative regulation 18
by any organization or individual regulated by, or contracted with the 19
cabinet; 20
7. Compile a report of all citizen complaints about programs or services of 21
the cabinet and a summary of resolution of the complaints and submit 22
the report upon request to the [Child Welfare Oversight and Advisory 23
Committee established in KRS 6.943, and the ]Interim Joint Committee 24
on Health and Welfare and Family Services; 25
8. Include oversight of administrative hearings; and 26
9. Provide information to the Office of the Attorney General, when 27 UNOFFICIAL COPY 22 RS SB 43/GA
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requested, related to substantiated violations of state law against an 1
employee, a contractor of the cabinet, or a foster or adoptive parent; 2
(b) The Office of Legal Services shall provide legal advice and assistance to all 3
units of the cabinet in any legal action in which it may be involved. The Office 4
of Legal Services shall employ all attorneys of the cabinet who serve the 5
cabinet in the capacity of attorney, giving legal advice and opinions 6
concerning the operation of all programs in the cabinet. The Office of Legal 7
Services shall be headed by a general counsel who shall be appointed by the 8
secretary with the approval of the Governor under KRS 12.050 and 12.210. 9
The general counsel shall be the chief legal advisor to the secretary and shall 10
be directly responsible to the secretary. The Attorney General, on the request 11
of the secretary, may designate the general counsel as an assistant attorney 12
general under the provisions of KRS 15.105; 13
(c) The Office of Inspector General shall be headed by an inspector general who 14
shall be appointed by the secretary with the approval of the Governor. The 15
inspector general shall be directly responsible to the secretary. The Office of 16
Inspector General shall be responsible for: 17
1. The conduct of audits and investigations for detecting the perpetration of 18
fraud or abuse of any program by any client, or by any vendor of 19
services with whom the cabinet has contracted; and the conduct of 20
special investigations requested by the secretary, commissioners, or 21
office heads of the cabinet into matters related to the cabinet or its 22
programs; 23
2. Licensing and regulatory functions as the secretary may delegate; 24
3. Review of health facilities participating in transplant programs, as 25
determined by the secretary, for the purpose of determining any 26
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 27 UNOFFICIAL COPY 22 RS SB 43/GA
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4. The duties, responsibilities, and authority pertaining to the certificate of 1
need functions and the licensure appeals functions, pursuant to KRS 2
Chapter 216B; and 3
5. The notification and forwarding of any information relevant to possible 4
criminal violations to the appropriate prosecuting authority; 5
(d) The Office of Public Affairs shall be headed by an executive director 6
appointed by the secretary with the approval of the Governor in accordance 7
with KRS 12.050. The office shall provide information to the public and news 8
media about the programs, services, and initiatives of the cabinet; 9
(e) The Office of Human Resource Management shall be headed by an executive 10
director appointed by the secretary with the approval of the Governor in 11
accordance with KRS 12.050. The office shall coordinate, oversee, and 12
execute all personnel, training, and management functions of the cabinet. The 13
office shall focus on the oversight, development, and implementation of 14
quality improvement services; curriculum development and delivery of 15
instruction to staff; the administration, management, and oversight of training 16
operations; health, safety, and compliance training; and equal employment 17
opportunity compliance functions; 18
(f) The Office of Finance and Budget shall be headed by an executive director 19
appointed by the secretary with the approval of the Governor in accordance 20
with KRS 12.050. The office shall provide central review and oversight of 21
budget, contract, and cabinet finances. The office shall provide coordination, 22
assistance, and support to program departments and independent review and 23
analysis on behalf of the secretary; 24
(g) The Office of Legislative and Regulatory Affairs shall be headed by an 25
executive director appointed by the secretary with the approval of the 26
Governor in accordance with KRS 12.050. The office shall provide central 27 UNOFFICIAL COPY 22 RS SB 43/GA
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review and oversight of legislation, policy, and administrative regulations. 1
The office shall provide coordination, assistance, and support to program 2
departments and independent review and analysis on behalf of the secretary; 3
(h) The Office of Administrative Services shall be headed by an executive 4
director appointed by the secretary with the approval of the Governor in 5
accordance with KRS 12.050. The office shall provide central review and 6
oversight of procurement, general accounting including grant monitoring, and 7
facility management. The office shall provide coordination, assistance, and 8
support to program departments and independent review and analysis on 9
behalf of the secretary; and 10
(i) The Office of Application Technology Services shall be headed by an 11
executive director appointed by the secretary with the approval of the 12
Governor in accordance with KRS 12.050. The office shall provide 13
application technology services including central review and oversight. The 14
office shall provide coordination, assistance, and support to program 15
departments and independent review and analysis on behalf of the secretary; 16
(2) Department for Medicaid Services. The Department for Medicaid Services shall 17
serve as the single state agency in the Commonwealth to administer Title XIX of the 18
Federal Social Security Act. The Department for Medicaid Services shall be headed 19
by a commissioner for Medicaid services, who shall be appointed by the secretary 20
with the approval of the Governor under KRS 12.050. The commissioner for 21
Medicaid services shall be a person who by experience and training in 22
administration and management is qualified to perform the duties of this office. The 23
commissioner for Medicaid services shall exercise authority over the Department 24
for Medicaid Services under the direction of the secretary and shall only fulfill those 25
responsibilities as delegated by the secretary; 26
(3) Department for Public Health. The Department for Public Health shall develop and 27 UNOFFICIAL COPY 22 RS SB 43/GA
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operate all programs of the cabinet that provide health services and all programs for 1
assessing the health status of the population for the promotion of health and the 2
prevention of disease, injury, disability, and premature death. This shall include but 3
not be limited to oversight of the Division of Women's Health. The Department for 4
Public Health shall be headed by a commissioner for public health who shall be 5
appointed by the secretary with the approval of the Governor under KRS 12.050. 6
The commissioner for public health shall be a duly licensed physician who by 7
experience and training in administration and management is qualified to perform 8
the duties of this office. The commissioner shall advise the head of each major 9
organizational unit enumerated in this section on policies, plans, and programs 10
relating to all matters of public health, including any actions necessary to safeguard 11
the health of the citizens of the Commonwealth. The commissioner shall serve as 12
chief medical officer of the Commonwealth. The commissioner for public health 13
shall exercise authority over the Department for Public Health under the direction of 14
the secretary and shall only fulfill those responsibilities as delegated by the 15
secretary; 16
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 17
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 18
develop and administer programs for the prevention of mental illness, intellectual 19
disabilities, brain injury, developmental disabilities, and substance abuse disorders 20
and shall develop and administer an array of services and support for the treatment, 21
habilitation, and rehabilitation of persons who have a mental illness or emotional 22
disability, or who have an intellectual disability, brain injury, developmental 23
disability, or a substance abuse disorder. The Department for Behavioral Health, 24
Developmental and Intellectual Disabilities shall be headed by a commissioner for 25
behavioral health, developmental and intellectual disabilities who shall be 26
appointed by the secretary with the approval of the Governor under KRS 12.050. 27 UNOFFICIAL COPY 22 RS SB 43/GA
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The commissioner for behavioral health, developmental and intellectual disabilities 1
shall be by training and experience in administration and management qualified to 2
perform the duties of the office. The commissioner for behavioral health, 3
developmental and intellectual disabilities shall exercise authority over the 4
department under the direction of the secretary, and shall only fulfill those 5
responsibilities as delegated by the secretary; 6
(5) Office for Children with Special Health Care Needs. The duties, responsibilities, 7
and authority set out in KRS 200.460 to 200.490 shall be performed by the office. 8
The office shall advocate the rights of children with disabilities and, to the extent 9
that funds are available, shall ensure the administration of services for children with 10
disabilities as are deemed appropriate by this office pursuant to Title V of the Social 11
Security Act. The office may promulgate administrative regulations under KRS 12
Chapter 13A as may be necessary to implement and administer its responsibilities. 13
The duties, responsibilities, and authority of the Office for Children with Special 14
Health Care Needs shall be performed through the office of the executive director. 15
The executive director shall be appointed by the secretary with the approval of the 16
Governor under KRS 12.050; 17
(6) Department for Family Resource Centers and Volunteer Services. The Department 18
for Family Resource Centers and Volunteer Services shall streamline the various 19
responsibilities associated with the human services programs for which the cabinet 20
is responsible. This shall include, but not be limited to, oversight of the Division of 21
Family Resource and Youth Services Centers and Serve Kentucky. The Department 22
for Family Resource Centers and Volunteer Services shall be headed by a 23
commissioner who shall be appointed by the secretary with the approval of the 24
Governor under KRS 12.050. The commissioner for family resource centers and 25
volunteer services shall be by training and experience in administration and 26
management qualified to perform the duties of the office, shall exercise authority 27 UNOFFICIAL COPY 22 RS SB 43/GA
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over the department under the direction of the secretary, and shall only fulfill those 1
responsibilities as delegated by the secretary; 2
(7) The Office of Health Data and Analytics shall identify and innovate strategic 3
initiatives to inform public policy initiatives and provide opportunities for improved 4
health outcomes for all Kentuckians through data analytics. The office shall provide 5
leadership in the redesign of the health care delivery system using electronic 6
information technology as a means to improve patient care and reduce medical 7
errors and duplicative services. The office shall facilitate the purchase of individual 8
and small business health insurance coverage for Kentuckians. The office shall be 9
headed by an executive director appointed by the secretary with the approval of the 10
Governor under KRS 12.050; 11
(8) Department for Community Based Services. The Department for Community Based 12
Services shall administer and be responsible for child and adult protection, violence 13
prevention resources, foster care and adoption, permanency, and services to enhance 14
family self-sufficiency, including child care, social services, public assistance, and 15
family support. The department shall be headed by a commissioner appointed by the 16
secretary with the approval of the Governor in accordance with KRS 12.050; 17
(9) Department for Income Support. The Department for Income Support shall be 18
responsible for child support enforcement and disability determination. The 19
department shall serve as the state unit as required by Title II and Title XVI of the 20
Social Security Act, and shall have responsibility for determining eligibility for 21
disability for those citizens of the Commonwealth who file applications for 22
disability with the Social Security Administration. The department shall be headed 23
by a commissioner appointed by the secretary with the approval of the Governor in 24
accordance with KRS 12.050; and 25
(10) Department for Aging and Independent Living. The Department for Aging and 26
Independent Living shall serve as the state unit as designated by the Administration 27 UNOFFICIAL COPY 22 RS SB 43/GA
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on Aging Services under the Older Americans Act and shall have responsibility for 1
administration of the federal community support services, in-home services, meals, 2
family and caregiver support services, elder rights and legal assistance, senior 3
community services employment program, the state health insurance assistance 4
program, state home and community based services including home care, 5
Alzheimer's respite services and the personal care attendant program, certifications 6
of assisted living facilities, the state Council on Alzheimer's Disease and other 7
related disorders, and guardianship services. The department shall also administer 8
the Long-Term Care Ombudsman Program and the Medicaid Home and 9
Community Based Waivers Participant Directed Services Option (PDS) Program. 10
The department shall serve as the information and assistance center for aging and 11
disability services and administer multiple federal grants and other state initiatives. 12
The department shall be headed by a commissioner appointed by the secretary with 13
the approval of the Governor in accordance with KRS 12.050. 14
Section 4. KRS 194A.365 is amended to read as follows: 15
The cabinet shall make an annual report to the Governor, the Legislative Research 16
Commission,[, the Child Welfare Oversight and Advisory Committee established in KRS 17
6.943,] and the Chief Justice. The report shall be tendered not later than December 1 of 18
each year and shall include information for the previous fiscal year. The report shall 19
include, but not be limited to, the following information: 20
(1) The number of children under an order of dependent, status, public, or voluntary 21
commitment to the cabinet, according to: permanency planning goals, current 22
placement, average number of placements, type of commitment, and the average 23
length of time children remain committed to the cabinet; 24
(2) The number of children in the custody of the cabinet in the following types of 25
residential placements, the average length of stay in these placements, and the 26
average number of placements experienced by these children: family foster homes, 27 UNOFFICIAL COPY 22 RS SB 43/GA
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private child care facilities, and placement with biological parent or person 1
exercising custodial control or supervision; 2
(3) The number of children in the custody of the cabinet eligible for adoption, the 3
number placed in an adoptive home, and the number ineligible for adoption and the 4
reasons therefor; 5
(4) The cost in federal and state general funds to care for the children defined in 6
subsections (1) and (2) of this section, including the average cost per child for each 7
type of placement, direct social worker services, operating expenses, training, and 8
administrative costs; and 9
(5) Any other matters relating to the care of foster children that the cabinet deems 10
appropriate and that may promote further understanding of the impediments to 11
providing permanent homes for foster children. 12
Section 5. KRS 199.665 is amended to read as follows: 13
(1) As used in this section, unless the context otherwise requires; 14
(a) "Cabinet" means the Cabinet for Health and Family Services; 15
(b) "Performance-based contracting" means an approach that stresses permanency 16
outcomes for children and utilizes a payment structure that reinforces provider 17
agencies' efforts to offer services that improve the outcomes for children; and 18
(c) "Secretary" means the secretary of the Cabinet for Health and Family 19
Services. 20
(2) The secretary shall designate a study group to make recommendations regarding the 21
creation and implementation of performance-based contracting for licensed child-22
caring facilities and child-placing agencies in the Commonwealth. 23
(3) The study group shall be composed of the following members: 24
(a) The secretary; 25
(b) The commissioner for the Department for Community Based Services; 26
(c) The director of the Administrative Office of the Courts, or designee; 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(d) The executive director of the Governor's Office of Early Childhood, or 1
designee; 2
(e) One (1) adult who was a former foster child in the Commonwealth; 3
(f) One (1) adult who is a current or former foster parent in the Commonwealth; 4
(g) Two (2) employees of a licensed child-placing agency; 5
(h) Two (2) employees of a licensed child-caring facility; and 6
(i) Any personnel within the Department for Community Based Services that the 7
secretary deems necessary. 8
(4) In its deliberations, the study group shall include but not be limited to analysis of 9
improved timeliness and likelihood of permanency such as reunification, adoption, 10
or guardianship; fewer moves for children in foster care; and reduced instances of 11
reentry into care. 12
(5) The study group shall report its recommendations by December 1, 2018, to the 13
Governor and[,] the Interim Joint Committees on Appropriations and Revenue and 14
Health and Welfare and Family Services[, and the Child Welfare Oversight and 15
Advisory Committee established in KRS 6.943]. The study group shall cease to 16
operate after the delivery of the recommendations required by this subsection. 17
(6) By July 1, 2019, the cabinet shall: 18
(a) Establish and implement performance-based contracting for licensed child-19
caring facilities and child-placing agencies that contract with the department 20
for services; and 21
(b) Apply and implement all standards, processes, and procedures established for 22
performance-based contracting for licensed child-caring facilities and child-23
placing agencies in accordance with paragraph (a) of this subsection to all 24
other cabinet-operated programs that are like those operated by child-caring 25
facilities and child-placing agencies. 26
(7) The cabinet shall promulgate administrative regulations to implement this section. 27 UNOFFICIAL COPY 22 RS SB 43/GA
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Section 6. KRS 199.8943 is amended to read as follows: 1
(1) As used in this section: 2
(a) "Federally funded time-limited employee" has the same meaning as in KRS 3
18A.005; 4
(b) "Primary school program" has the same meaning as in KRS 158.031(1); and 5
(c) "Public-funded" means a program which receives local, state, or federal 6
funding. 7
(2) The Early Childhood Advisory Council shall, in consultation with early care and 8
education providers, the Cabinet for Health and Family Services, and others, 9
including but not limited to child-care resource and referral agencies and family 10
resource centers, Head Start agencies, and the Kentucky Department of Education, 11
develop a quality-based graduated early care and education program rating system 12
for public-funded licensed child-care and certified family child-care homes, public-13
funded preschool, and Head Start, based on but not limited to: 14
(a) Classroom and instructional quality; 15
(b) Administrative and leadership practices; 16
(c) Staff qualifications and professional development; and 17
(d) Family and community engagement. 18
(3) (a) The Cabinet for Health and Family Services shall, in consultation with the 19
Early Childhood Advisory Council, promulgate administrative regulations in 20
accordance with KRS Chapter 13A to implement the quality-based graduated 21
early childhood rating system for public-funded child-care and certified family 22
child-care homes developed under subsection (2) of this section. 23
(b) The Kentucky Department of Education shall, in consultation with the Early 24
Childhood Advisory Council, promulgate administrative regulations in 25
accordance with KRS Chapter 13A to implement the quality-based graduated 26
early childhood rating system, developed under subsection (2) of this section, 27 UNOFFICIAL COPY 22 RS SB 43/GA
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for public-funded preschool. 1
(c) The administrative regulations promulgated in accordance with paragraphs (a) 2
and (b) of this subsection shall include: 3
1. Agency time frames of reviews for rating; 4
2. An appellate process under KRS Chapter 13B; and 5
3. The ability of providers to request reevaluation for rating. 6
(4) The quality-based early childhood rating system shall not be used for enforcement 7
of compliance or in any punitive manner. 8
(5) The Early Childhood Advisory Council, in consultation with the Kentucky Center 9
for Education and Workforce Statistics, the Kentucky Department of Education, and 10
the Cabinet for Health and Family Services, shall report by October 1 of each year 11
to the Interim Joint Committee on Education[ and the Child Welfare Oversight and 12
Advisory Committee established in KRS 6.943] on the implementation of the 13
quality-based graduated early childhood rating system. The report shall include the 14
following quantitative performance measures as data becomes available: 15
(a) Program participation in the rating system; 16
(b) Ratings of programs by program type; 17
(c) Changes in student school-readiness measures; 18
(d) Longitudinal student cohort performance data tracked through student 19
completion of the primary school program; and 20
(e) Long-term viability recommendations for sustainability at the end of the Race 21
to the Top-Early Learning Challenge grant. 22
(6) By November 1, 2017, the Early Childhood Advisory Council and the Cabinet for 23
Health and Family Services shall report to the Interim Joint Committee on 24
Education and the Interim Joint Committee on Health and Welfare on 25
recommendations and plans for sustaining program quality after the depletion of 26
federal Race to the Top-Early Learning Challenge grant funds. 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(7) Any federally funded time-limited employee personnel positions created as a result 1
of the federal Race to the Top-Early Learning Challenge grant shall be eliminated 2
upon depletion of the grant funds. 3
Section 7. KRS 199.8983 is amended to read as follows: 4
(1) There is hereby created the Kentucky Child Care Advisory Council to be composed 5
of eighteen (18) members. The members appointed by the Governor shall serve a 6
term of three (3) years. The appointed members of the council shall be 7
geographically and culturally representative of the population of the 8
Commonwealth. For administrative purposes, the council shall be attached to the 9
department. The members shall be as follows: 10
(a) The commissioner of the department, or designee; 11
(b) Four (4) members appointed by the Governor representing child-care center 12
providers licensed pursuant to this chapter; 13
(c) Two (2) members appointed by the Governor representing family child-care 14
home providers licensed pursuant to this chapter; 15
(d) Three (3) members appointed by the Governor who are parents, de facto 16
custodians, guardians, or legal custodians of children receiving services from 17
child-care centers or family child-care homes licensed pursuant to this 18
chapter; 19
(e) Three (3) members appointed by the Governor from the private sector who are 20
knowledgeable about education, health, and development of children; 21
(f) The director of the Division of Child Care within the department, or designee, 22
as a nonvoting ex officio member; 23
(g) The commissioner of education, Education and Workforce Development 24
Cabinet, or designee, as a nonvoting ex officio member; 25
(h) The executive director of the Governor's Office of Early Childhood, or 26
designee, as a nonvoting ex officio member; 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(i) The commissioner of the Department for Public Health within the cabinet, or 1
designee, as a nonvoting ex officio member; and 2
(j) The state fire marshal, Public Protection Cabinet, or designee, as a nonvoting 3
ex officio member; 4
(2) The council shall have two (2) co-chairpersons. One (1) co-chairperson shall be the 5
commissioner of the department, or designee, and one (1) co-chairperson shall be 6
elected by the voting members of the council. 7
(3) Members shall serve until a successor has been appointed. If a vacancy on the 8
council occurs, the Governor shall appoint a replacement for the remainder of the 9
unexpired term. 10
(4) Members shall serve without compensation but shall be reimbursed for reasonable 11
and necessary expenses in accordance with state travel expenses and reimbursement 12
administrative regulations. 13
(5) The council shall meet at least quarterly and at other times upon call of the co-14
chairpersons. 15
(6) The council shall advise the cabinet on matters affecting the operations, funding, 16
and licensing of child-care centers and family child-care homes. The council shall 17
provide input and recommendations for ways to improve quality, access, and 18
outcomes. 19
(7) The council shall make an annual report by December 1 that provides summaries 20
and recommendations to address the availability, affordability, accessibility, and 21
quality of child care in the Commonwealth. A copy of the annual report shall be 22
provided to the secretary, the Governor, and the Legislative Research Commission[, 23
and the Child Welfare Oversight and Advisory Committee established in KRS 24
6.943]. 25
Section 8. KRS 200.575 is amended to read as follows: 26
(1) As used in this section, unless the context otherwise requires: 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(a) "Department" means the Department for Community Based Services; and 1
(b) "Family preservation services" means programs that: 2
1. Follow intensive, home-based service models with demonstrated 3
effectiveness in reducing or avoiding the need for out-of-home 4
placement; 5
2. Provide such services that result in lower costs than would out-of-home 6
placement; and 7
3. Employ specially trained caseworkers who shall: 8
a. Provide at least half of their services in the family's home or other 9
natural community setting; 10
b. Provide direct therapeutic services available twenty-four (24) 11
hours per day for a family; 12
c. Aid in the solution of practical problems that contribute to family 13
stress so as to effect improved parental performance and enhanced 14
functioning of the family unit; 15
d. Arrange for additional assistance, including but not limited to 16
housing, child care, education, and job training, emergency cash 17
grants, state and federally funded public assistance, and other basic 18
support needs; and 19
e. Supervise any paraprofessionals or "family aides" made available 20
to provide specialized services or skills to manage everyday 21
problems and better provide and care for children. 22
(2) The department shall be the lead administrative agency for family preservation 23
services and may receive funding for the implementation of these services. The 24
department shall: 25
(a) Provide the coordination of and planning for the implementation of family 26
preservation services; 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(b) Provide standards for family preservation services programs; 1
(c) Monitor these services to ensure they meet measurable standards of 2
performance as set forth in state law and as developed by the department; and 3
(d) Provide the initial training and approve any ongoing training required by 4
providers of family preservation services. 5
(3) The department may provide family preservation services directly or may contract 6
to provide these services. In the event the department provides family preservation 7
services with state caseworkers, those caseworkers and cases shall be excluded for 8
the overall caseworker or case averages provided on a quarterly basis to the 9
Legislative Research Commission and the Governor's office under KRS 199.461. 10
Family preservation services caseworkers and cases shall be included in the report 11
as a separate category. 12
(4) If the department contracts to provide family preservation services, the contract 13
shall include: 14
(a) Requirements for acceptance of any client referred by the department for 15
family preservation services; 16
(b) Caseload standards per caseworker; 17
(c) Provision of twenty-four (24) hour crisis intervention services to families 18
served by the program; 19
(d) Minimum initial and ongoing training standards for family preservation 20
services staff; and 21
(e) Internal programmatic evaluation and cooperation with external evaluation as 22
directed by the department. 23
(5) Family preservation services shall be provided only to those children who are at 24
actual, imminent risk of out-of-home placement: 25
(a) Who are at risk of commitment as dependent, abused, or neglected; 26
(b) Who are emotionally disturbed; and 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(c) Whose families are in conflict such that they are unable to exercise reasonable 1
control of the child. 2
(6) Families in which children are at risk of recurring sexual abuse perpetrated by a 3
member of their immediate household who remains in close physical proximity to 4
the victim or whose continued safety from recurring abuse cannot be reasonably 5
ensured, shall not be eligible for family preservation services. 6
(7) The implementation of family preservation services shall be limited to those 7
situations where protection can be ensured for children, families, and the 8
community. 9
(8) The provision of family preservation services to a family shall constitute a 10
reasonable effort by the Cabinet for Health and Family Services to prevent the 11
removal of a child from the child's home under KRS 620.140, provided that the 12
family has received timely access to other services from the Cabinet for Health and 13
Family Services for which the family is eligible. 14
(9) Acceptance of family preservation services shall not be considered an admission to 15
any allegation that initiated the investigation of the family, nor shall refusal of 16
family preservation services be considered as evidence in any proceeding except 17
where the issue is whether the Cabinet for Health and Family Services has made 18
reasonable efforts to prevent removal of a child. 19
(10) No family preservation services program shall compel any family member to 20
engage in any activity or refrain from any activity, which is not reasonably related to 21
remedying any condition that gave rise, or which could reasonably give rise, to any 22
finding of child abuse, neglect, or dependency. 23
(11) The commissioner of the department shall conduct and submit to the Legislative 24
Research Commission[Child Welfare Oversight and Advisory Committee 25
established in KRS 6.943,] an annual evaluation of the family preservation services, 26
which shall include the following: 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(a) The number of families receiving family preservation services, the number of 1
children in those families, and the number of children in those families who 2
would have been placed in out-of-home care if the family preservation 3
services had not be available; 4
(b) Among those families receiving family preservation services, the number of 5
children placed outside the home; 6
(c) The average cost per family of providing family preservation services; 7
(d) The number of children who remain reunified with their families six (6) 8
months and one (1) year after completion of the family preservation services; 9
and 10
(e) An overall evaluation of the progress of family preservation services programs 11
during the preceding year, recommendations for improvements in the delivery 12
of this service, and a plan for the continued development of family 13
preservation services to ensure progress towards statewide availability. 14
(12) Nothing in this section shall prohibit the department from developing other in-home 15
services in accordance with its statutory authority to promulgate administrative 16
regulations in accordance with KRS Chapter 13A or to enter into contractual 17
arrangements in accordance with KRS Chapter 45. 18
Section 9. KRS 211.684 is amended to read as follows: 19
(1) For the purposes of KRS Chapter 211: 20
(a) "Child fatality" means the death of a person under the age of eighteen (18) 21
years; 22
(b) "Local child and maternal fatality response team" and "local team" means a 23
community team composed of representatives of agencies, offices, and 24
institutions that investigate child and maternal deaths, including but not 25
limited to, coroners, social service workers, medical professionals, law 26
enforcement officials, and Commonwealth's and county attorneys; and 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(c) "Maternal fatality" means the death of a woman within one (1) year of giving 1
birth. 2
(2) The Department for Public Health may establish a state child and maternal fatality 3
review team. The state team may include representatives of public health, social 4
services, law enforcement, prosecution, coroners, health-care providers, and other 5
agencies or professions deemed appropriate by the commissioner of the department. 6
(3) If a state team is created, the duties of the state team may include the following: 7
(a) Develop and distribute a model protocol for local child and maternal fatality 8
response teams for the investigation of child and maternal fatalities; 9
(b) Facilitate the development of local child and maternal fatality response teams 10
which may include, but is not limited to, providing joint training opportunities 11
and, upon request, providing technical assistance; 12
(c) Review and approve local protocols prepared and submitted by local teams; 13
(d) Receive data and information on child and maternal fatalities and analyze the 14
information to identify trends, patterns, and risk factors; 15
(e) Evaluate the effectiveness of prevention and intervention strategies adopted; 16
and 17
(f) Recommend changes in state programs, legislation, administrative regulations, 18
policies, budgets, and treatment and service standards which may facilitate 19
strategies for prevention and reduce the number of child and maternal 20
fatalities. 21
(4) The department shall prepare an annual report to be submitted no later than 22
November 1 of each year to the Governor[, the Child Welfare Oversight and 23
Advisory Committee established in KRS 6.943], the Interim Joint Committee on 24
Health, Welfare, and Family Services, the Chief Justice of the Kentucky Supreme 25
Court, and to be made available to the citizens of the Commonwealth. The report 26
shall include a statistical analysis, that include the demographics of race, income, 27 UNOFFICIAL COPY 22 RS SB 43/GA
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and geography, of the incidence and causes of child and maternal fatalities in the 1
Commonwealth during the past fiscal year and recommendations for action. The 2
report shall not include any information which would identify specific child and 3
maternal fatality cases. 4
Section 10. KRS 605.120 is amended to read as follows: 5
(1) The cabinet is authorized to expend available funds to provide for the board, 6
lodging, and care of children who would otherwise be placed in foster care or who 7
are placed by the cabinet in a foster home or boarding home, or may arrange for 8
payments or contributions by any local governmental unit, or public or private 9
agency or organization, willing to make payments or contributions for such purpose. 10
The cabinet may accept any gift, devise, or bequest made to it for its purposes. 11
(2) The cabinet shall establish a reimbursement system, within existing appropriation 12
amounts, for foster parents that comes as close as possible to meeting the actual cost 13
of caring for foster children. The cabinet shall consider providing additional 14
reimbursement for foster parents who obtain additional training, and foster parents 15
who have served for an extended period of time. In establishing a reimbursement 16
system, the cabinet shall, to the extent possible within existing appropriation 17
amounts, address the additional cost associated with providing care to children with 18
exceptional needs. 19
(3) The cabinet shall review reimbursement rates paid to foster parents and shall issue a 20
report upon request comparing the rates paid by Kentucky to the figures presented 21
in the Expenditures on Children by Families Annual Report prepared by the United 22
States Department of Agriculture and the rates paid to foster parents by other states. 23
To the extent that funding is available, reimbursement rates paid to foster parents 24
shall be increased on an annual basis to reflect cost of living increases. 25
(4) The cabinet is encouraged to develop pilot projects both within the state system and 26
in collaboration with private child caring agencies to test alternative delivery 27 UNOFFICIAL COPY 22 RS SB 43/GA
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systems and nontraditional funding mechanisms. 1
(5) (a) The cabinet shall track and analyze data on relative and fictive kin caregiver 2
placements. The data shall include but not be limited to: 3
1. Demographic data on relative and fictive kin caregivers and children in 4
their care; 5
2. Custodial options selected by the relative and fictive kin caregivers; 6
3. Services provisioned to relative and fictive kin caregivers and children 7
in their care; and 8
4. Permanency benchmarks and outcomes for relative and fictive kin 9
caregiver placements. 10
(b) By September 30, 2020, and upon request thereafter, the cabinet shall submit a 11
report to the Governor, the Chief Justice of the Supreme Court, and the 12
director of the Legislative Research Commission for distribution to the[ Child 13
Welfare Oversight and Advisory Committee and the] Interim Joint Committee 14
on Health and Welfare and Family Services relating to the data tracking and 15
analysis established in this subsection. 16
(6) Foster parents shall have the authority, unless the cabinet determines that the child's 17
religion, race, ethnicity, or national origin prevents it, to make decisions regarding 18
haircuts and hairstyles for foster children who are in their care for thirty (30) days or 19
more. 20
Section 11. KRS 620.055 is amended to read as follows: 21
(1) An external child fatality and near fatality review panel is hereby created and 22
established for the purpose of conducting comprehensive reviews of child fatalities 23
and near fatalities, reported to the Cabinet for Health and Family Services, 24
suspected to be a result of abuse or neglect. The panel shall be attached to the 25
Justice and Public Safety Cabinet for staff and administrative purposes. 26
(2) The external child fatality and near fatality review panel shall be composed of the 27 UNOFFICIAL COPY 22 RS SB 43/GA
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following five (5) ex officio nonvoting members and fifteen (15) voting members: 1
(a) The chairperson of the House Health and Welfare Committee of the Kentucky 2
General Assembly, who shall be an ex officio nonvoting member; 3
(b) The chairperson of the Senate Health and Welfare Committee of the Kentucky 4
General Assembly, who shall be an ex officio nonvoting member; 5
(c) The commissioner of the Department for Community Based Services, who 6
shall be an ex officio nonvoting member; 7
(d) The commissioner of the Department for Public Health, who shall be an ex 8
officio nonvoting member; 9
(e) A family court judge selected by the Chief Justice of the Kentucky Supreme 10
Court, who shall be an ex officio nonvoting member; 11
(f) A pediatrician from the University of Kentucky's Department of Pediatrics 12
who is licensed and experienced in forensic medicine relating to child abuse 13
and neglect to be selected by the Attorney General from a list of three (3) 14
names provided by the dean of the University of Kentucky School of 15
Medicine; 16
(g) A pediatrician from the University of Louisville's Department of Pediatrics 17
who is licensed and experienced in forensic medicine relating to child abuse 18
and neglect to be selected by the Attorney General from a list of three (3) 19
names provided by the dean of the University of Louisville School of 20
Medicine; 21
(h) The state medical examiner or designee; 22
(i) A court-appointed special advocate (CASA) program director to be selected 23
by the Attorney General from a list of three (3) names provided by the 24
Kentucky CASA Association; 25
(j) A peace officer with experience investigating child abuse and neglect fatalities 26
and near fatalities to be selected by the Attorney General from a list of three 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(3) names provided by the commissioner of the Kentucky State Police; 1
(k) A representative from Prevent Child Abuse Kentucky, Inc. to be selected by 2
the Attorney General from a list of three (3) names provided by the president 3
of the Prevent Child Abuse Kentucky, Inc. board of directors; 4
(l) A practicing local prosecutor to be selected by the Attorney General; 5
(m) The executive director of the Kentucky Domestic Violence Association or the 6
executive director's designee; 7
(n) The chairperson of the State Child Fatality Review Team established in 8
accordance with KRS 211.684 or the chairperson's designee; 9
(o) A practicing social work clinician to be selected by the Attorney General from 10
a list of three (3) names provided by the Board of Social Work; 11
(p) A practicing addiction counselor to be selected by the Attorney General from 12
a list of three (3) names provided by the Kentucky Association of Addiction 13
Professionals; 14
(q) A representative from the family resource and youth service centers to be 15
selected by the Attorney General from a list of three (3) names submitted by 16
the Cabinet for Health and Family Services; 17
(r) A representative of a community mental health center to be selected by the 18
Attorney General from a list of three (3) names provided by the Kentucky 19
Association of Regional Mental Health and Mental Retardation Programs, 20
Inc.; 21
(s) A member of a citizen foster care review board selected by the Chief Justice 22
of the Kentucky Supreme Court; and 23
(t) An at-large representative who shall serve as chairperson to be selected by the 24
Secretary of State. 25
(3) (a) By August 1, 2013, the appointing authority or the appointing authorities, as 26
the case may be, shall have appointed panel members. Initial terms of 27 UNOFFICIAL COPY 22 RS SB 43/GA
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members, other than those serving ex officio, shall be staggered to provide 1
continuity. Initial appointments shall be: five (5) members for terms of one (1) 2
year, five (5) members for terms of two (2) years, and five (5) members for 3
terms of three (3) years, these terms to expire, in each instance, on June 30 4
and thereafter until a successor is appointed and accepts appointment. 5
(b) Upon the expiration of these initial staggered terms, successors shall be 6
appointed by the respective appointing authorities, for terms of two (2) years, 7
and until successors are appointed and accept their appointments. Members 8
shall be eligible for reappointment. Vacancies in the membership of the panel 9
shall be filled in the same manner as the original appointments. 10
(c) At any time, a panel member shall recuse himself or herself from the review 11
of a case if the panel member believes he or she has a personal or private 12
conflict of interest. 13
(d) If a voting panel member is absent from two (2) or more consecutive, 14
regularly scheduled meetings, the member shall be considered to have 15
resigned and shall be replaced with a new member in the same manner as the 16
original appointment. 17
(e) If a voting panel member is proven to have violated subsection (13) of this 18
section, the member shall be removed from the panel, and the member shall 19
be replaced with a new member in the same manner as the original 20
appointment. 21
(4) The panel shall meet at least quarterly and may meet upon the call of the 22
chairperson of the panel. 23
(5) Members of the panel shall receive no compensation for their duties related to the 24
panel, but may be reimbursed for expenses incurred in accordance with state 25
guidelines and administrative regulations. 26
(6) Each panel member shall be provided copies of all information set out in this 27 UNOFFICIAL COPY 22 RS SB 43/GA
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subsection, including but not limited to records and information, upon request, to be 1
gathered, unredacted, and submitted to the panel within thirty (30) days by the 2
Cabinet for Health and Family Services from the Department for Community Based 3
Services or any agency, organization, or entity involved with a child subject to a 4
fatality or near fatality: 5
(a) Cabinet for Health and Family Services records and documentation regarding 6
the deceased or injured child and his or her caregivers, residents of the home, 7
and persons supervising the child at the time of the incident that include all 8
records and documentation set out in this paragraph: 9
1. All prior and ongoing investigations, services, or contacts; 10
2. Any and all records of services to the family provided by agencies or 11
individuals contracted by the Cabinet for Health and Family Services; 12
and 13
3. All documentation of actions taken as a result of child fatality internal 14
reviews conducted pursuant to KRS 620.050(12)(b); 15
(b) Licensing reports from the Cabinet for Health and Family Services, Office of 16
Inspector General, if an incident occurred in a licensed facility; 17
(c) All available records regarding protective services provided out of state; 18
(d) All records of services provided by the Department for Juvenile Justice 19
regarding the deceased or injured child and his or her caregivers, residents of 20
the home, and persons involved with the child at the time of the incident; 21
(e) Autopsy reports; 22
(f) Emergency medical service, fire department, law enforcement, coroner, and 23
other first responder reports, including but not limited to photos and 24
interviews with family members and witnesses; 25
(g) Medical records regarding the deceased or injured child, including but not 26
limited to all records and documentation set out in this paragraph: 27 UNOFFICIAL COPY 22 RS SB 43/GA
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1. Primary care records, including progress notes; developmental 1
milestones; growth charts that include head circumference; all laboratory 2
and X-ray requests and results; and birth record that includes record of 3
delivery type, complications, and initial physical exam of baby; 4
2. In-home provider care notes about observations of the family, bonding, 5
others in home, and concerns; 6
3. Hospitalization and emergency department records; 7
4. Dental records; 8
5. Specialist records; and 9
6. All photographs of injuries of the child that are available; 10
(h) Educational records of the deceased or injured child, or other children residing 11
in the home where the incident occurred, including but not limited to the 12
records and documents set out in this paragraph: 13
1. Attendance records; 14
2. Special education services; 15
3. School-based health records; and 16
4. Documentation of any interaction and services provided to the children 17
and family. 18
The release of educational records shall be in compliance with the Family 19
Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g and its 20
implementing regulations; 21
(i) Head Start records or records from any other child care or early child care 22
provider; 23
(j) Records of any Family, Circuit, or District Court involvement with the 24
deceased or injured child and his or her caregivers, residents of the home and 25
persons involved with the child at the time of the incident that include but are 26
not limited to the juvenile and family court records and orders set out in this 27 UNOFFICIAL COPY 22 RS SB 43/GA
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paragraph, pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645: 1
1. Petitions; 2
2. Court reports by the Department for Community Based Services, 3
guardian ad litem, court-appointed special advocate, and the Citizen 4
Foster Care Review Board; 5
3. All orders of the court, including temporary, dispositional, or 6
adjudicatory; and 7
4. Documentation of annual or any other review by the court; 8
(k) Home visit records from the Department for Public Health or other services; 9
(l) All information on prior allegations of abuse or neglect and deaths of children 10
of adults residing in the household; 11
(m) All law enforcement records and documentation regarding the deceased or 12
injured child and his or her caregivers, residents of the home, and persons 13
involved with the child at the time of the incident; and 14
(n) Mental health records regarding the deceased or injured child and his or her 15
caregivers, residents of the home, and persons involved with the child at the 16
time of the incident. 17
(7) The panel may seek the advice of experts, such as persons specializing in the fields 18
of psychiatric and forensic medicine, nursing, psychology, social work, education, 19
law enforcement, family law, or other related fields, if the facts of a case warrant 20
additional expertise. 21
(8) The panel shall post updates after each meeting to the Web site of the Justice and 22
Public Safety Cabinet regarding case reviews, findings, and recommendations. 23
(9) The panel chairperson, or other requested persons, shall report a summary of the 24
panel's discussions and proposed or actual recommendations to the Interim Joint 25
Committee on Health and Welfare of the Kentucky General Assembly monthly or at 26
the request of a committee co-chair. The goal of the committee shall be to ensure 27 UNOFFICIAL COPY 22 RS SB 43/GA
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impartiality regarding the operations of the panel during its review process. 1
(10) The panel shall publish an annual report by December 1 of each year consisting of 2
case reviews, findings, and recommendations for system and process improvements 3
to help prevent child fatalities and near fatalities that are due to abuse and neglect. 4
The report shall be submitted to the Governor, the secretary of the Cabinet for 5
Health and Family Services, the Chief Justice of the Supreme Court, the Attorney 6
General, and the director of the Legislative Research Commission for distribution to 7
the [Child Welfare Oversight and Advisory Committee established in KRS 6.943 8
and the ]Judiciary Committee. 9
(11) Information and record copies that are confidential under state or federal law and 10
are provided to the external child fatality and near fatality review panel by the 11
Cabinet for Health and Family Services, the Department for Community Based 12
Services, or any agency, organization, or entity for review shall not become the 13
information and records of the panel and shall not lose their confidentiality by virtue 14
of the panel's access to the information and records. The original information and 15
records used to generate information and record copies provided to the panel in 16
accordance with subsection (6) of this section shall be maintained by the 17
appropriate agency in accordance with state and federal law and shall be subject to 18
the Kentucky Open Records Act, KRS 61.870 to 61.884. All open records requests 19
shall be made to the appropriate agency, not to the external child fatality and near 20
fatality review panel or any of the panel members. Information and record copies 21
provided to the panel for review shall be exempt from the Kentucky Open Records 22
Act, KRS 61.870 to 61.884. At the conclusion of the panel's examination, all copies 23
of information and records provided to the panel involving an individual case shall 24
be destroyed by the Justice and Public Safety Cabinet. 25
(12) Notwithstanding any provision of law to the contrary, the portions of the external 26
child fatality and near fatality review panel meetings during which an individual 27 UNOFFICIAL COPY 22 RS SB 43/GA
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child fatality or near fatality case is reviewed or discussed by panel members may 1
be a closed session and subject to the provisions of KRS 61.815(1) and shall only 2
occur following the conclusion of an open session. At the conclusion of the closed 3
session, the panel shall immediately convene an open session and give a summary 4
of what occurred during the closed session. 5
(13) Each member of the external child fatality and near fatality review panel, any person 6
attending a closed panel session, and any person presenting information or records 7
on an individual child fatality or near fatality shall not release information or 8
records not available under the Kentucky Open Records Act, KRS 61.870 to 61.884 9
to the public. 10
(14) A member of the external child fatality and near fatality review panel shall not be 11
prohibited from making a good faith report to any state or federal agency of any 12
information or issue that the panel member believes should be reported or disclosed 13
in an effort to facilitate effectiveness and transparency in Kentucky's child 14
protective services. 15
(15) A member of the external child fatality and near fatality review panel shall not be 16
held liable for any civil damages or criminal penalties pursuant to KRS 620.990 as a 17
result of any action taken or omitted in the performance of the member's duties 18
pursuant to this section and KRS 620.050, except for violations of subsection (11), 19
(12), or (13) of this section. 20
(16) Beginning in 2014 the Legislative Oversight and Investigations Committee of the 21
Kentucky General Assembly shall conduct an annual evaluation of the external 22
child fatality and near fatality review panel established pursuant to this section to 23
monitor the operations, procedures, and recommendations of the panel and shall 24
report its findings to the General Assembly. 25
Section 12. KRS 620.320 is amended to read as follows: 26
The duties of the State Citizen Foster Care Review Board shall be to: 27 UNOFFICIAL COPY 22 RS SB 43/GA
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(1) Establish, approve, and provide training programs for local citizen foster care 1
review board members; 2
(2) Review and coordinate the activities of local citizen foster care review boards; 3
(3) Establish reporting procedures to be followed by the local citizen foster care review 4
boards and publish an annual written report compiling data reported by local foster 5
care review boards which shall include statistics relating, at a minimum, to the 6
following: 7
(a) Barriers to permanency identified in reviews; 8
(b) The number of children moved more than three (3) times within a six (6) 9
month period; 10
(c) The average length of time in care; 11
(d) Local solutions reported to meet identified barriers; and 12
(e) The total number and frequency of reviews; 13
(4) Publish an annual written report on the effectiveness of such local citizen foster care 14
review boards; and 15
(5) Evaluate and make annual recommendations to the Supreme Court, the Legislative 16
Research Commission, and the Governor[, and the Child Welfare Oversight and 17
Advisory Committee established in KRS 6.943] regarding: 18
(a) Laws of the Commonwealth; 19
(b) Practices, policies, and procedures within the Commonwealth affecting 20
permanence for children in out-of-home placement and the investigation of 21
allegations of abuse and neglect; 22
(c) The findings of the local citizen foster care review board community forums 23
conducted pursuant to KRS 620.270; and 24
(d) The effectiveness or lack thereof and reasons therefor of local citizen foster 25
care review of children in the custody of the cabinet in bringing about 26
permanence for the Commonwealth's children. 27 UNOFFICIAL COPY 22 RS SB 43/GA
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Section 13. KRS 620.345 is amended to read as follows: 1
(1) As used in this section, unless the context otherwise requires; 2
(a) "Cabinet" means the Cabinet for Health and Family Services; and 3
(b) "Secretary" means the secretary of the Cabinet for Health and Family 4
Services. 5
(2) The secretary shall designate a study group to make recommendations regarding the 6
feasibility and implementation of the privatization of all foster care services in the 7
Commonwealth. 8
(3) The study group shall be composed of the following members: 9
(a) The secretary; 10
(b) The commissioner for the Department for Community Based Services; 11
(c) The director of the Administrative Office of the Courts, or designee; 12
(d) The executive director of the Governor's Office of Early Childhood, or 13
designee; 14
(e) One (1) adult who was a former foster child in the Commonwealth; 15
(f) One (1) adult who is a current or former foster parent in the Commonwealth; 16
(g) Two (2) employees of a licensed child-placing agency; 17
(h) Two (2) employees of a licensed child-caring facility; and 18
(i) Any personnel within the Department for Community Based Services that the 19
secretary deems necessary. 20
(4) In its deliberations, the study group shall include but not be limited to analysis of 21
improved timeliness and likelihood of permanency such as reunification, adoption, 22
or guardianship; fewer moves for children in foster care; reduced instances of 23
reentry into care; and financial implications. 24
(5) The study group shall report its recommendations by July 1, 2019, to the Governor 25
and[,] the Interim Joint Committees on Appropriations and Revenue and Health and 26
Welfare and Family Services[, and the Child Welfare Oversight and Advisory 27 UNOFFICIAL COPY 22 RS SB 43/GA
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Committee established in KRS 6.943]. The study group shall cease to operate after 1
the delivery of the recommendations required by this subsection. 2
Section 14. The following KRS sections are repealed: 3
6.940 Medicaid Oversight and Advisory Committee -- Membership -- Meetings -- Vote 4
required to act. 5
6.943 Child Welfare Oversight and Advisory Committee -- Membership -- Co-chairs -- 6
Quorum -- Employment of personnel -- Staff and operating costs. 7
Section 15. This Act takes effect January 1, 2023. 8