Kentucky 2024 Regular Session

Kentucky House Bill HB105 Latest Draft

Bill / Introduced Version

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AN ACT relating to families and children and making an appropriation therefor. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 164.2847 is amended to read as follows: 3 
(1) Tuition and mandatory student fees for any undergraduate or graduate program of 4 
any Kentucky public postsecondary institution, including all four (4) year 5 
universities and colleges and institutions of the Kentucky Community and 6 
Technical College System, shall be waived for a Kentucky foster or adopted child 7 
who is a full-time or part-time student if the student meets all entrance requirements 8 
and maintains academic eligibility while enrolled at the postsecondary institution, 9 
and if: 10 
(a) The student's family receives state-funded adoption assistance under KRS 11 
199.555; 12 
(b) The student is currently committed to the Cabinet for Health and Family 13 
Services under KRS 610.010(5) and placed in a family foster home or is 14 
placed in accordance with KRS 605.090(3); 15 
(c) The student is in an independent living program and the placement is funded 16 
by the Cabinet for Health and Family Services; 17 
(d) The student who is an adopted child was in the permanent legal custody of 18 
and placed for adoption by the Cabinet for Health and Family Services. A 19 
student who meets the eligibility criteria of this paragraph and lives outside of 20 
Kentucky at the time of application to a Kentucky postsecondary institution 21 
may apply for the waiver up to the amount of tuition for a Kentucky resident; 22 
or 23 
(e) The Cabinet for Health and Family Services was the student's legal custodian 24 
on his or her eighteenth birthday. 25 
(2) Tuition and mandatory student fees for any undergraduate program of any 26 
Kentucky public postsecondary institution, including all four (4) year universities 27  UNOFFICIAL COPY  	24 RS BR 171 
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and colleges and institutions of the Kentucky Community and Technical College 1 
System, shall be waived for a Department of Juvenile Justice foster child who is a 2 
full-time or part-time student if the student meets all entrance requirements and 3 
maintains academic eligibility while enrolled at the postsecondary institution and 4 
obtains a recommendation for participation from an official from the Department of 5 
Juvenile Justice, and if: 6 
(a) The student has not been sentenced to the Department of Juvenile Justice 7 
under KRS Chapter 640; 8 
(b) The student has been committed to the Department of Juvenile Justice for a 9 
period of at least twelve (12) months; 10 
(c) The student is in an independent living program and placement is funded by 11 
the Department of Juvenile Justice; 12 
(d) The parental rights of the student's biological parents have been terminated; or 13 
(e) The student was committed to the Cabinet for Health and Family Services 14 
prior to a commitment to the Department of Juvenile Justice. 15 
(3) Upon request of the postsecondary institution, the Cabinet for Health and Family 16 
Services shall confirm the eligibility status under subsection (1) of this section and 17 
the Department of Juvenile Justice shall confirm the eligibility status and 18 
recommendations under subsection (2) of this section of the student seeking to 19 
participate in the waiver program. Release of this information shall not constitute a 20 
breach of confidentiality required by KRS 199.570, 610.320, or 620.050. 21 
(4) The student shall complete the Free Application for Federal Student Aid to 22 
determine the level of need and eligibility for state and federal financial aid 23 
programs. If the sum of the tuition waiver plus other student financial assistance, 24 
except loans and the work study program under 42 U.S.C. secs. 2751-2756b, from 25 
all sources exceeds the student's total cost of attendance, as defined in 20 U.S.C. 26 
sec. 1087ll, the tuition waiver shall be reduced by the amount exceeding the total 27  UNOFFICIAL COPY  	24 RS BR 171 
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cost of attendance. 1 
(5) Except when extended in accordance with subsection (6) of this section, the student 2 
shall be eligible for the tuition waiver: 3 
(a) For entrance to the institution for a period of no more than four (4) years after 4 
the date of graduation from high school or obtaining a high school 5 
equivalency diploma; and 6 
(b) For one hundred fifty (150) consecutive or nonconsecutive credit hours 7 
earned, after first admittance to any Kentucky institution if satisfactory 8 
progress is achieved or maintained up to age twenty-eight (28). 9 
(6) The expiration of a student's eligibility under subsection (5)(a) of this section shall 10 
be extended by the number of academic terms the institution determines the student 11 
was unable to enroll for or complete due to serving: 12 
(a) On active duty status in the United States Armed Forces; 13 
(b) As an officer in the Commissioned Corps of the United States Public Health 14 
Service; or 15 
(c) On active service in the Peace Corps Act or the Americorps. 16 
 The original age limitation under subsection (5)(b) of this section shall be extended 17 
by the total number of years during which the student was on active duty status. The 18 
number of months served on active duty status shall be rounded up to the next 19 
higher year to determine the maximum length of eligibility extension allowed. 20 
(7) The Council on Postsecondary Education shall report nonidentifying data on 21 
graduation rates of students participating in the tuition waiver program by 22 
November 30 each year to the Legislative Research Commission. 23 
(8) Nothing in this section shall be construed to: 24 
(a) Guarantee acceptance of or entrance into any postsecondary institution for a 25 
foster or adopted child; 26 
(b) Limit the participation of a foster or adopted student in any other program of 27  UNOFFICIAL COPY  	24 RS BR 171 
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financial assistance for postsecondary education; 1 
(c) Require any postsecondary institution to waive costs or fees relating to room 2 
and board; or 3 
(d) Restrict any postsecondary institution, the Department of Juvenile Justice, or 4 
the Cabinet for Health and Family Services from accessing other sources of 5 
financial assistance, except loans, that may be available to a foster or adopted 6 
student. 7 
(9) A student who meets the eligibility requirements of subsections (1)(b), (1)(c), 8 
(2)(c), and (5) of this section shall receive one thousand seven hundred twenty 9 
dollars ($1,720) as a monthly stipend from the Cabinet for Health and Family 10 
Services during the time he or she is eligible for the tuition waiver. 11 
(10) Before a student is deemed eligible to receive funding under subsection (9) of this 12 
section, the Cabinet for Health and Family Services shall assess the student's 13 
financial literacy and executive functioning, self-regulation, and similar skills 14 
that are important for successful independent living and the completion of 15 
postsecondary education in order to ensure that the student has the proper skills 16 
to effectively manage the monthly stipend. Within a reasonable time after 17 
completing the assessment, the cabinet shall provide information and referrals 18 
for any voluntary services that are recommended by the assessment to the student 19 
to assist in strengthening any necessary skills. 20 
(11) The Cabinet for Health and Family Services shall: 21 
(a) Work with a student who is eligible to receive funding under subsection (9) 22 
of this section to create a financial plan that is guided by the student's 23 
financial goals in meeting his or her needs while in postsecondary 24 
education; 25 
(b) Review and, if necessary, update the financial plan with the student every 26 
six (6) months until funding under this subsection is no longer provided; 27  UNOFFICIAL COPY  	24 RS BR 171 
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and 1 
(c) Ensure the financial plan includes an assessment of the student's current 2 
and future needs and challenges for self-sufficiency and address, at a 3 
minimum, how the student will meet his or her financial needs and 4 
obligations when funding under this section is no longer provided. 5 
SECTION 2.   A NEW SECTION OF KRS CHAPTER 199 IS CREATED TO 6 
READ AS FOLLOWS: 7 
(1) The General Assembly does hereby establish the Mentorship for At-Risk Male 8 
Students Grant Program. The program shall be administered by the cabinet to 9 
offer grants to nonprofit community-based organizations to offer mentorship 10 
programs for at-risk male students. For the purposes of this section, "at-risk male 11 
student" means a male student in middle school high school that has been 12 
identified as at risk to become involved in the juvenile justice system. 13 
(2) The grants shall: 14 
(a) Assist at-risk male students who are in middle school or high school in 15 
developing social, emotional, and cognitive skills to prepare them for future 16 
success; and 17 
(b) Provide an opportunity for small nonprofit organizations to receive training 18 
and technical assistance that will strengthen their capacity to provide high-19 
quality, effective services and obtain additional public or private funding in 20 
the future. 21 
(3) A nonprofit community-based organization shall have organizational 22 
management and a board of directors reflective of the community served by the 23 
organization in order to be eligible to receive a grant under this section. 24 
(4) Grant recipients shall: 25 
(a) Recruit and train mentors for eligible at-risk male students; 26 
(b) Provide mentorship, social and academic support, life skill development, 27  UNOFFICIAL COPY  	24 RS BR 171 
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and other opportunities for eligible at-risk male students; 1 
(c) Use trauma-informed practices and interventions to address adverse 2 
childhood experiences of eligible at-risk male students; and 3 
(d) Be inclusive of eligible at-risk male students who have a disability. 4 
(5) Prioritization of applicants for a grant shall, at a minimum, be based on: 5 
(a) Unemployment rates, incarceration rates, housing instability, the number of 6 
single-parent households, the number of public benefit recipients, 7 
graduation rates, and levels of academic achievement in the geographic 8 
area in which mentorship services would be provided; 9 
(b) The number of at-risk male students that the applicant plans to serve 10 
through the grant and the projected costs for the new or expanded 11 
mentorship program; and 12 
(c) The applicant's current revenues and organizational capacity, experience 13 
and demonstrated effectiveness in serving at-risk male students or providing 14 
mentorship programs, and commitment to organizational development 15 
through the training required under subsection (8) of this section in order 16 
to achieve the goal specified in subsection (1)(b) of this section. 17 
(6) The cabinet may award grants that are between twenty-five thousand dollars 18 
($25,000) and two hundred fifty thousand dollars ($250,000) per year. Grants 19 
may be awarded to a nonprofit community-based organization for no more than 20 
three (3) years, contingent on continued eligibility, compliance with grant 21 
requirements, and adequate performance. The cabinet shall create categories of 22 
grants based on the annual revenues of the nonprofit community-based 23 
organizations that are applying in order to maximize the opportunities for small 24 
nonprofit organizations to receive grants. 25 
(7) Grant recipients shall submit reports to the cabinet in a format and at intervals 26 
prescribed by the cabinet. At a minimum, grant recipients must report on the 27  UNOFFICIAL COPY  	24 RS BR 171 
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number and ages of at-risk male students served, the number of mentors 1 
providing mentorship services, and the outcomes of the at-risk male students 2 
served, including but not limited to improved academic success, decreased 3 
involvement in the juvenile justice system, and enhanced readiness for and 4 
involvement in postsecondary education, as appropriate. 5 
(8) The cabinet shall contract for the provision of technical assistance and training 6 
in nonprofit management, outcomes measurement, and positive youth 7 
development to grant recipients. Within six (6) months after receiving a grant, a 8 
grant recipient must complete such training as required by the cabinet in order to 9 
achieve the goal specified in subsection (1)(b) of this section. The contracted 10 
provider shall determine the specific training needed by grant recipients and 11 
directly provide or subcontract for such training and technical assistance. 12 
Section 3.   KRS 211.690 is amended to read as follows: 13 
(1) There is established within the Cabinet for Health and Family Services the Health 14 
Access Nurturing Development Services (HANDS) program as a voluntary 15 
statewide home visitation program, for the purpose of providing assistance to at-risk 16 
parents during the prenatal period and until the child's third birthday. The HANDS 17 
program recognizes that parents are the primary decision-makers for their children. 18 
The goals of the HANDS program are to: 19 
(a) Facilitate safe and healthy delivery of babies; 20 
(b) Provide information about optimal child growth and human development; 21 
(c) Facilitate the safety and health of homes;[ and] 22 
(d) Encourage greater self-sufficiency of families; and 23 
(e) Provide father engagement activities, such as providing individualized 24 
support to fathers to increase participation in services that strengthen 25 
family and child well-being. 26 
(2) The cabinet shall administer the HANDS program in cooperation with the Cabinet 27  UNOFFICIAL COPY  	24 RS BR 171 
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for Health and Family Services and the local public health departments. The 1 
voluntary home visitation program may supplement, but shall not duplicate, any 2 
existing program that provides assistance to parents of young children. 3 
(3) The HANDS program shall include an educational component on the recognition 4 
and prevention of pediatric abusive head trauma, as defined in KRS 620.020. 5 
(4) Participants in the HANDS program shall express informed consent to participate 6 
by written agreement on a form promulgated by the Cabinet for Health and Family 7 
Services. 8 
SECTION 4.   A NEW SECTION OF KRS CHAPTER 405 IS CREATED TO 9 
READ AS FOLLOWS: 10 
(1) The Cabinet for Health and Family Services shall develop, implement, and 11 
operate the Responsible Fatherhood Initiative. 12 
(2) The Responsible Fatherhood Initiative shall: 13 
(a) Provide an opportunity for every father in the Commonwealth to be able to 14 
obtain information and inspiration that will motivate and enable him to 15 
enhance his abilities as a father, recognizing that some fathers have greater 16 
challenges than others and would benefit from greater support; 17 
(b) Include at a minimum: 18 
1. A website and other related electronic resources that will allow a 19 
father to obtain information about effective parenting, identify areas 20 
in which support would enable him to enhance his ability to be an 21 
effective father, and be connected to such support, including but not 22 
limited to support provided by organizations receiving grants; 23 
2. Use appropriate materials from the fatherhood media campaign 24 
available through the National Responsible Fatherhood 25 
Clearinghouse; and 26 
3. Include print, television, digital, and social media elements and public 27  UNOFFICIAL COPY  	24 RS BR 171 
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events, and may include appearances by and involvement from public 1 
figures and influencers; 2 
(c) Collaborate with other relevant agencies of state government and private 3 
organizations to develop and implement the initiative; and 4 
(d) Employ a father engagement specialist to, at a minimum, build 5 
relationships with fathers, help identify their needs, assist them in accessing 6 
services, and communicate with the Cabinet for Health and Family Services 7 
about the challenges faced by these fathers and how to appropriately meet 8 
their unique needs. The Cabinet for Health and Family Services shall 9 
prioritize individuals who have faced experiences similar to the fathers who 10 
are being served by the lead agency for selection as a father engagement 11 
specialist. 12 
(3) The Cabinet for Health and Family Services shall annually review how the 13 
Responsible Fatherhood Initiative is meeting the needs of fathers, including, at a 14 
minimum, how the initiative is helping fathers establish positive, stable 15 
relationships with their children and assisting fathers in receiving needed 16 
services. The initiative shall provide any relevant information on how it is 17 
meeting the needs of these fathers to the cabinet. 18 
SECTION 5.   A NEW SECTION OF KRS CHAPTER 405 IS CREATED TO 19 
READ AS FOLLOWS: 20 
(1) The General Assembly recognizes that families are stronger when both parents 21 
act responsibly in caring for their children. It is the intent of the General 22 
Assembly to recognize and support the important and unique role that fathers 23 
play in ensuring the physical, emotional, and economic well-being of their 24 
children and families. 25 
(2) The General Assembly does hereby establish the Responsible Fatherhood 26 
Initiative Grant Program. The program shall be administered by the Cabinet for 27  UNOFFICIAL COPY  	24 RS BR 171 
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Health and Family Services to offer grants to nonprofit community-based 1 
organizations to address the needs of fathers. 2 
(3) The Cabinet for Health and Family Services shall award the following types of 3 
grants: 4 
(a) Grants that comprehensively address the needs of fathers, such as assisting 5 
them in finding employment, managing child support obligations, 6 
transitioning from a period of incarceration, accessing health care, 7 
understanding child development, and enhancing parenting skills. Grants 8 
provided under this paragraph shall: 9 
1. Provide services tailored to the needs of the father being served; 10 
2. Provide case management services by the grant recipient, either 11 
directly or by subcontract, to the fathers who are served by the grants 12 
under this paragraph; and 13 
3. Allow for the case management services to be coordinated if the father 14 
receiving case management services through a grant awarded under 15 
this subsection has a child receiving case management services from 16 
the Department for Community Based Services because the child is 17 
the subject of a dependency proceeding under KRS Chapter 620; and 18 
(b) Grants that provide evidence-based parenting education specifically for 19 
fathers. The grants under this paragraph do not require case management 20 
services. 21 
(4) The Cabinet for Health and Family Services shall prioritize applicants for a grant 22 
specified under subsection (2) of this section based on: 23 
(a) Need in a geographic area and the population to be served by the grant as 24 
indicated by, at a minimum: 25 
1. Unemployment rates; 26 
2. Incarceration rates; 27  UNOFFICIAL COPY  	24 RS BR 171 
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3. Housing instability; 1 
4. The number of single-parent households; 2 
5. The number of public benefit recipients; 3 
6. Graduation rates; and 4 
7. Levels of academic achievement; 5 
(b) If an applicant has a primary mission of, or a history of a significant focus 6 
on and effective work towards, addressing the needs of men in their role as 7 
fathers; 8 
(c) Applicant current and historical involvement in the community being 9 
served; 10 
(d) Applicant commitment and capability to employ competent staff who can 11 
effectively engage with the fathers being served, including at a minimum, 12 
those individuals who share a similar background as the fathers being 13 
served; 14 
(e) The number of individuals the applicant plans to serve through the grant 15 
and the projected costs for the program; and 16 
(f) Applicant organizational capacity to effectively meet the requirements of the 17 
grant and to deliver the programs proposed by the applicant. The 18 
department may offer technical assistance to applicants and grant recipients 19 
that have lower organizational capacity so long as such organizations have, 20 
or the organization's leadership has, significant experience serving fathers. 21 
(5) Grants shall be awarded for no more than three (3) years, with subsequent year 22 
funding contingent on compliance with grant requirements and adequate 23 
performance. Grant recipients shall submit reports to the department in a format 24 
and at intervals, which must be at least annually, prescribed by the department. 25 
(6) The Cabinet for Health and Family Services shall promulgate administrative 26 
regulations in accordance with KRS Chapter 13A to implement this section. 27  UNOFFICIAL COPY  	24 RS BR 171 
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SECTION 6.   A NEW SECTION OF KRS CHAPTER 600 IS CREATED TO 1 
READ AS FOLLOWS: 2 
The Department of Juvenile Justice and the cabinet shall: 3 
(1) Identify children who are dually involved with both systems of care; 4 
(2) Collaboratively take appropriate action within available resources to meet the 5 
needs of dually-involved children more effectively; and 6 
(3) Submit to the Legislative Research Commission by December 1 of each year for 7 
referral to the appropriate committee a quarterly report that includes, at a 8 
minimum, the following: 9 
(a) Data on the number of children who are involved with both systems of care, 10 
including but not limited to those children who are the subject of any 11 
investigation by the cabinet and, at the same time, are under the supervision 12 
of the Department of Juvenile Justice, and those children who were 13 
previously served by either the cabinet or the Department of Juvenile 14 
Justice, and come to the attention of either agency after being served; 15 
(b) Data on the number of children who are placed in licensed care by the 16 
cabinet after leaving the custody of the Department of Juvenile Justice; 17 
(c) Information on how both agencies track children who are or become dually 18 
involved; and 19 
(d) A summary of the actions taken by both agencies to better serve dually-20 
involved children. 21 
Section 7.   KRS 625.025 is amended to read as follows: 22 
(1) In the case of a child who has become a ward of the Cabinet for Health and Family 23 
Services as a result of a termination of parental rights judgment entered against the 24 
child's parents, and who remains a ward of the cabinet upon attainment of his or her 25 
eighteenth birthday, the cabinet, in its discretion, upon request of the ward, may 26 
extend its wardship to age twenty-one (21) for the purpose of the child's 27  UNOFFICIAL COPY  	24 RS BR 171 
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participating in state or federal educational programs or to assist the child in 1 
establishing independent living arrangements. 2 
(2) The cabinet shall provide an eligible youth who is requesting to extend or 3 
reinstate his or her commitment to the cabinet in order to participate in state or 4 
federal educational programs or to establish independent living arrangements 5 
information about independent living arrangements and programs that are 6 
tailored to the individual needs and plans of the eligible youth. The information 7 
shall include, at a minimum, the specific benefits of each program and how such 8 
benefits meet the needs and plans of the eligible youth, the advantages and 9 
disadvantages of participation in each program considering the needs and plans 10 
of the eligible youth, and the financial value of each program to the eligible 11 
youth. The cabinet shall discuss this information with the eligible youth, and he 12 
or she must sign a document indicating that he or she: 13 
(a) Received the information; 14 
(b) Discussed the information with the cabinet representative; 15 
(c) Understands how the services and benefits would meet his or her individual 16 
needs; and 17 
(d) Understands how the services would assist him or her in accomplishing 18 
future plans. 19 
Section 8.   There is hereby appropriated to the Cabinet for Health and Family 20 
Services General Fund moneys in the amount of $500,000 in fiscal year 2024-2025 and 21 
$500,000 in fiscal year 2025-2026 for the costs incurred by the cabinet in carrying out its 22 
duties described in Sections 2 and 5 of this Act. Notwithstanding KRS 45.229, these 23 
funds shall not lapse and shall carry forward with the stipulation that no more than 24 
$500,000 in grants shall be offered in fiscal year 2024-2025 or any subsequent fiscal 25 
year. 26