PROTECTIVE SERVICES FOR CHILDREN -- ADOPTION -- CHILD CARE

KRS tit. XVII, ch. 199

in effect

KRS 199.011 Definitions for chapter

199.011. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Adoption worker" means an employee of the cabinet so designated by the secretary for health and family services, a social worker employed by a county or city who has been approved by the cabinet to handle, under its supervision, adoption placement services to children, or a social worker employed by or under contract to a child-placing adoption agency; (2) "Adult adopted person" means any adopted person who is twenty-one (21) years of age or older; (3) "Cabinet" means the Cabinet for Health and Family Services; (4) "Child" means any person who has not reached his or her eighteenth birthday; (5) "Child-caring facility" means any institution or group home, including institutions and group homes that are publicly operated, providing residential care on a twenty- four (24) hour basis to children, not related by blood, adoption, or marriage to the person maintaining the facility, other than an institution or group home certified by an appropriate agency as operated primarily for educational or medical purposes, or a residential program operated or contracted by the Department of Juvenile Justice that maintains accreditation, or obtains accreditation within two (2) years of opening from a nationally recognized accrediting organization; (6) "Child-placing agency" means any agency licensed by the cabinet, which supervises the placement of children in foster family homes or child-caring facilities, or which places children for adoption; (7) "Department" means the Department for Community Based Services; (8) (a) "Disability" means: 1. A physical or mental impairment, whether congenital or acquired, that substantially limits one (1) or more of the major life activities of an individual and is demonstrable by medically accepted clinical or laboratory diagnostic techniques; 2. A record of having such an impairment; or 3. Being regarded as having such an impairment. (b) An individual who is currently engaging in the illegal use of drugs or the abuse of alcohol, drugs, or other substances is not an individual with a "disability" for purposes of this chapter; (9) "Family rehabilitation home" means a child-caring facility for appropriate families and comprising not more than twelve (12) children and two (2) staff persons; (10) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child, or an emotionally significant relationship with a biological parent, siblings, or half- siblings of the child in the case of a child from birth to twelve (12) months of age, prior to placement; (11) "Foster family home" means a private home in which children are placed for foster family care under supervision of the cabinet or of a licensed child-placing agency; (12) "Group home" means a homelike facility, excluding Department of Juvenile Justice-operated or -contracted facilities, for not more than eight (8) foster children, not adjacent to or part of an institutional campus, operated by a sponsoring agency for children who may participate in community activities and use community resources; (13) "Institution" means a child-caring facility providing care or maintenance for nine (9) or more children; (14) "Placement services" means those social services customarily provided by a licensed child-placing or a public agency, which are necessary for the arrangement and placement of children in foster family homes, child-placing facilities, or adoptive homes. Placement services are provided through a licensed child-placing or a public agency for children who cannot be cared for by their biological parents and who need and can benefit from new and permanent family ties established through legal adoption. Licensed child-placing agencies and public agencies have a responsibility to act in the best interests of children, biological parents, and adoptive parents by providing social services to all the parties involved in an adoption; (15) "Rap back system" means a system that enables an authorized entity to receive ongoing status notifications of any criminal history from the Department of Kentucky State Police or the Federal Bureau of Investigation reported on an individual whose fingerprints are registered in the system, upon approval and implementation of the system; (16) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. sec. 675(10); (17) "Secretary" means the secretary for health and family services; and (18) "Voluntary and informed consent" means that at the time of the execution of the consent, the consenting person was fully informed of the legal effect of the consent, that the consenting person was not given or promised anything of value except those expenses allowable under KRS 199.590(6), that the consenting person was not coerced in any way to execute the consent, and that the consent was voluntarily and knowingly given. If at the time of the execution of the consent the consenting person was represented by independent legal counsel, there shall be a presumption that the consent was voluntary and informed. The consent shall be in writing, signed and sworn to by the consenting person, and include the following: (a) Date, time, and place of the execution of the consent; (b) Name of the child, if any, to be adopted, and the date and place of the child's birth; (c) Consenting person's relationship to the child; (d) Identity of the proposed adoptive parents or a statement that the consenting person does not desire to know the identification of the proposed adoptive parents; (e) 1. A statement that the consenting person understands that the consent will be final and irrevocable under this paragraph unless withdrawn under this paragraph. 2. If placement approval by the secretary is required, the voluntary and informed consent shall become final and irrevocable seventy -two (72) hours after the execution of the voluntary and informed consent. This consent may be withdrawn only by written notification sent to the proposed adoptive parent or the attorney for the proposed adoptive parent on or before the expiration of the seventy-two (72) hours by certified or registered mail and also by first-class mail. 3. If placement approval by the secretary is not required, the voluntary and informed consent shall become final and irrevocable seventy-two (72) hours after the execution of the voluntary and informed consent. This consent may be withdrawn only by written notification sent to the proposed adoptive parent or the attorney for the proposed adoptive parent on or before the expiration of the seventy-two (72) hours by certified or registered mail and also by first-class mail; (f) Disposition of the child if the adoption is not adjudged; (g) A statement that the consenting person has received a completed and signed copy of the consent at the time of the execution of the consent; (h) Name and address of the person who prepared the consent, name and address of the person who reviewed and explained the consent to the consenting person, and a verified statement from the consenting person that the consent has been reviewed with and fully explained to the consenting person; and (i) Total amount of the consenting person's legal fees, if any, for any purpose related to the execution of the consent and the source of payment of the legal fees. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 26, sec. 1, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 75, sec. 11, effective April 1, 2022. -- Amended 2019 Ky. Acts ch. 33, sec. 2, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 135, sec. 2, effective March 27, 2017; and repealed and reenacted 2017 Ky. Acts ch. 10, sec. 1, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 115, sec. 1, effective July 15, 2016. -- Amended 2005 Ky. Acts ch. 99, sec. 44, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 69, sec. 1, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 14, sec. 17, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 134, effective July 15, 1998; ch. 527, sec. 1, effective July 15, 1998; and ch. 538, sec. 2, effective April 13, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 1, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 43, sec. 1, effective July 15, 1986; and ch. 423, sec. 197, effective July 1, 1987. -- Amended 1980 Ky. Acts ch. 188, sec. 148, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 137, sec. 1, effective June 17, 1978; and ch. 314, sec. 3, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 142, sec. 1. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (13), (16) and (21). -- Amended 1972 Ky. Acts ch. 153, sec. 1. -- Amended 1962 Ky. Acts ch. 211, sec. 1. -- Amended 1960 Ky. Acts ch. 68, Art. IX, sec. 11. -- Amended 1956 Ky. Acts ch. 157, sec. 9. -- Amended 1952 Ky. Acts ch. 83, sec. 6. -- Created 1950 Ky. Acts ch. 125, sec. 1. Legislative Research Commission Note (6/29/2017). Under the authority of KRS 7.136(1), the Reviser of Statutes has modified the internal numbering of subsection (16)(e) of this statute from the way it appeared in 2017 Ky. Acts ch. 10, sec. 1. The words in the text were not changed. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 426, 527, and 538. Where these Acts are not in conflict, they have been codified together. Where a conflict exists between chs. 527 and 538, Acts ch. 527, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note. The amendment of this section by Acts 1980, ch. 280, sec. 140, which was to have taken effect on July 15, 1984, was itself repealed by Acts 1984, ch. 184, § 1, effective July 13, 1984.

KRS 199.013 "State building" defined

199.013. "State building" defined As used in KRS 199.013 to 199.019, unless the context otherwise requires, "state building" means any structure that houses government offices of the Commonwealth of Kentucky. The term does not include government offices of counties, municipalities, special districts, public corporations, public instrumentalities, or the Court of Justice. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 21, sec. 1, effective July 13, 2004.

KRS 199.015 "Code Adam" safety protocol

199.015. "Code Adam" safety protocol The "Code Adam" safety protocol is hereby established and shall be implemented by all administrators in state buildings in the following manner: (1) When a parent, tutor, or guardian notifies any employee of a state building that his or her child is lost or missing, the employee shall obtain from the parent, tutor, or guardian a detailed description of the minor, including but not limited to the name, age, color of eyes, height, weight, clothing, and the shoes the child was wearing at the time the child was last seen before becoming lost or missing; (2) From the closest telephone available, the same employee shall alert the state building administrator or the person designated in the state building's "Code Adam" plan, who shall then notify the occupants of the state building through the loudspeaker system or through any other fast and effective means of communication that "Code Adam" has been activated; (3) The employee shall escort the parent, tutor, or guardian to the main door of the state building to help in identifying the child; (4) Persons designated by the administrator shall monitor all state building exits to ascertain that the minor does not leave the state building without the parent, tutor, or guardian. In addition, two (2) or more employees, as may be necessary, shall be assigned to search the parking areas of the state building. This process shall not entail the closing or locking of any door of the state building; (5) Any child, or person with a child, leaving the state building shall be asked to go through the main exit previously designated by the administrator. If, once there, the child or person wishes to leave the state building, he or she shall be allowed to do so after it has been determined that the minor who is leaving is not the child being searched for and that the person with the minor is the parent, tutor, or guardian of the child, and the person presents a government-issued photo identification; (6) After "Code Adam" has been announced through the state building's loudspeaker system or through any other fast and effective means of communication, the employees shall search throughout the entire state building, and at least two (2) employees, or more as deemed necessary, shall be assigned to each floor to certify that the minor is not present. Employees who are directly serving a member of the public at that time and employees who have been previously excluded by the administrator shall not be compelled to participate in the search; (7) If the minor is found unharmed and appears to have been simply lost or missing in the state building, the child shall be immediately taken to the parent, tutor, or guardian; (8) If the minor is found in the company of any person other than the child's parent, tutor, or guardian, any reasonable means shall be taken to delay the exit of the child and the person with whom the child was found from the state building until a peace officer arrives, the child and the person with whom the child is found both are properly identified, and the circumstances of the situation are determined; (9) If the minor is not found within a ten (10) minute period, the state building administrator shall notify a state or local law enforcement agency that a child is lost or missing and provide the information then known about the lost or missing child. The law enforcement agency shall respond to the scene and shall take control of the incident. The law enforcement agency may request that the local search and rescue coordinator provide additional resources to search for the lost or missing child. The law enforcement agency and the local dispatch center shall take the actions required by KRS 17.450, 17.460, and 39F.180; (10) Upon the location of the lost or missing child or the arrival of a peace officer from the law enforcement agency which was notified of the lost or missing child, whichever occurs earlier, the state building administrator shall cause an announcement of the ending of the "Code Adam" by the state building loudspeaker or other fast and effective means of communication; and (11) Upon the ending of the "Code Adam," the state building administrator shall prepare three (3) copies of a report of the incident, which shall: (a) Be sent within three (3) working days to the secretary of the Finance and Administration Cabinet and the commissioner of the Department of Kentucky State Police; and (b) Be kept in the administrative files of the state building for a period of three (3) years from the date of the incident. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 236, effective June 26, 2007. -- Created 2004 Ky. Acts ch. 21, sec. 2, effective July 13, 2004.

KRS 199.017 Finance and Administration Cabinet to implement "Code Adam" program -- Training -- Signs -- Drills -- Annual report

199.017. Finance and Administration Cabinet to implement "Code Adam" program -- Training -- Signs -- Drills -- Annual report The secretary of the Finance and Administration Cabinet, in consultation with the Justice and Public Safety Cabinet through the Department of Kentucky State Police, shall: (1) Be responsible for coordinating implementation of the "Code Adam" program throughout the Commonwealth; (2) Provide training to administrators of state buildings and employees designated by those administrators in the implementation of the "Code Adam" program; (3) Provide training in procedures for the search of state buildings and grounds for lost and missing children; (4) Print and distribute signs to each public agency for use in each state building relating to the "Code Adam" program and how to initiate a "Code Adam." The signs shall be not less than twelve (12) inches square and have white letters and a purple background containing the information specified by the cabinet by administrative regulation; (5) Provide for annually conducting a "Code Adam" drill at each facility covered by the provisions of KRS 199.013 to 199.019; (6) Provide for the collection of statistics from each facility covered by the provisions of KRS 199.013 to 199.019 on each "Code Adam" within the state building; (7) Provide an annual report to the Governor, the Department of Kentucky State Police, the Legislative Research Commission, and the General Assembly on each "Code Adam" within the Commonwealth during the previous calendar year and the results of each "Code Adam" incident. The annual report shall be a public record and shall not include the name or other identifying information, other than gender and age, of the child; and (8) Promulgate administrative regulations necessary for the implementation of the "Code Adam" program as required by KRS 199.013 to 199.019. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 237, effective June 26, 2007. -- Created 2004 Ky. Acts ch. 21, sec. 3, effective July 13, 2004.

KRS 199.019 Exemption from "Code Adam" program for agency or building not visited by children -- Expiration of exemption

199.019. Exemption from "Code Adam" program for agency or building not visited by children -- Expiration of exemption The secretary of the Finance and Administration Cabinet, in consultation with the Justice and Public Safety Cabinet through the Department of Kentucky State Police, may exempt any agency or state building which, due to the nature of the services provided by that agency or state building, is not visited by children. The agency or state building shall immediately report to the secretary of the Finance and Administration Cabinet when the agency or state building is likely to be visited by children on a frequent or continuing basis. Upon receipt of the notification from the state building administrator or agency that the state building is being visited by children, the exemption from compliance with the provisions of KRS 199.013 to 199.019 shall expire. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 238, effective June 26, 2007. -- Created 2004 Ky. Acts ch. 21, sec. 4, effective July 13, 2004.

KRS 199.420 Administrative functions of secretary -- Personnel -- Compensation and other benefits -- Administrative costs

199.420. Administrative functions of secretary -- Personnel -- Compensation and other benefits -- Administrative costs (1) The secretary may promulgate administrative regulations authorized by statute for the proper administration of the functions of the cabinet, including qualification for the receipt of federal funds and for cooperation with other state and federal agencies. (2) In the administration of KRS 199.420 to 199.670, the secretary shall cooperate to the fullest extent possible with any agency of this state or any other state of the United States. (3) The secretary is authorized, subject to the provisions of KRS Chapters 12, 18A, 42, 45, and 64, to appoint, fix the compensation, and prescribe the duties and powers of any officers and employees as are necessary in the performance of the secretary's duties under KRS 199.420 to 199.670. All positions shall be filled by persons selected and appointed on a nonpartisan merit basis, in accordance with merit standards established by law. The secretary shall not employ or pay any person who is an officer or committee member of any political party organization. The secretary may delegate to any person so appointed that power and authority as the secretary deems reasonable and proper for the effective administration of KRS 199.420 to 199.670. (4) The secretary shall have the power and authority to elect coverage for the workers in the cabinet, under the provisions of KRS Chapter 341, and may elect coverage for these workers under the workers' compensation law of this state. In the event the coverage is elected the payment of contributions under KRS Chapter 341 and premiums under the workers' compensation law shall be deemed a proper cost of administration. (5) The salaries and expenses of the secretary and the secretary's staff shall be considered a proper cost of administration and charged to the funds allocated to the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 173, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 89, sec. 20, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 426, sec. 135, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (13) and (21). -- Amended 1962 Ky. Acts ch. 211, sec. 2. -- Amended 1952 Ky. Acts ch. 83, sec. 4. -- Created 1950 Ky. Acts ch. 125, sec. 3.

KRS 199.430 Witnesses and evidence -- Confidential treatment of information and records

199.430. Witnesses and evidence -- Confidential treatment of information and records (1) In the discharge of the duties imposed by KRS 199.420 to 199.670 the secretary or his duly authorized representative may administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of books, papers, correspondence, memoranda and other records considered necessary and relevant as evidence in connection with the administration of the cabinet. Such subpoena shall be served in the same manner as a subpoena issued out of a circuit court. Witnesses subpoenaed shall be allowed mileage allowance according to KRS 421.015 for each day their attendance is actually required at a hearing. (2) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda or other records in response to such subpoena on the grounds that the evidence required of him may tend to incriminate him or subject him to a penalty for forfeiture. No person shall be prosecuted or subjected to any suit, penalty, or forfeiture on account of any transaction, matter, or thing concerning which he or his agent or worker is compelled, after having claimed privilege against self-incrimination, to give evidence, except that such witness so testifying shall not be exempt from punishment for perjury. (3) All letters, reports, communications, and other matters, written or oral, to the cabinet or any of its agents, representatives, or employees, or to any board or official functioning under KRS 199.420 to 199.670, which have been written, sent, or made in connection with the requirements and administration of the cabinet shall be absolutely privileged and shall not be the subject matter or basis for any suit for slander or libel in any court, but no person testifying before the secretary or his duly authorized representative shall be exempt from punishment for perjury. Information obtained shall not be published or be open for public inspection, except to public employees in the performance of their duties, but any interested party at a hearing before the secretary or his duly authorized representative shall be supplied with information from such records to the extent necessary for the proper presentation of his case. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 112, sec. 17, effective July 14, 2018. -- Amended 1980 Ky. Acts ch. 188, sec. 182, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Amended 1970 Ky. Acts ch. 92, sec. 65. -- Amended 1952 Ky. Acts ch. 83, sec. 9, effective July 1, 1952. -- Created 1950 Ky. Acts ch. 125, sec. 3.

KRS 199.440 Destruction of records

199.440. Destruction of records The secretary may authorize the destruction of any original reports and records that have been properly recorded or summarized in the permanent records of the cabinet or are no longer considered necessary to the proper administration of the cabinet. The destruction or disposition shall be made only by order of the secretary. Any money received from the disposition of the records shall be deposited and credited to the use of the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 174, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 136, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (21). -- Amended 1966 Ky. Acts ch. 255, sec. 189. -- Created 1950 Ky. Acts ch. 125, sec. 4.

KRS 199.461 Monthly regional, county, and statewide caseload average for social service workers -- Requirement of report if average in excess of specified quantity

199.461. Monthly regional, county, and statewide caseload average for social service workers -- Requirement of report if average in excess of specified quantity (1) As used in this section, "social service worker" means a social worker employed by the Cabinet for Health and Family Services, Department for Community Based Services, to provide direct casework services in foster care, child protection, juvenile services, or adult protection. (2) As used in this section, "active case" includes the total number of cases for which the family service worker has responsibility. (3) The monthly statewide caseload average for social service workers in the area of foster care, child protection, juvenile services, or adult protection shall not exceed twenty-five (25) active cases. (4) Nothing in this section shall prevent the department or a social service worker from handling emergencies to carry out statutory mandates. If the monthly regional, county, or statewide caseload average for social service workers exceeds twenty- five (25) active cases for ninety (90) consecutive days, the department shall report the fact to the Governor and to the Legislative Research Commission together with a description of the factors contributing thereto and shall make recommendations related thereto. The report shall include, by county and region, social service worker caseload averages; the number of established social service worker positions; and the number of vacant social service worker positions. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 3, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 99, sec. 175, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 18, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 137, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 71, sec. 1, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 285, sec. 1, effective July 1, 1986.

KRS 199.462 Criminal background investigation of applicant to provide foster care, relative caregiver services, fictive kin placement, or adoptive home, and of applicant's adult household members -- Request for conviction information -- Form and fee for request -- Disapproval of placement on sole basis of disability of prospective caregiver prohibited -- Background investigation at annual

199.462. Criminal background investigation of applicant to provide foster care, relative caregiver services, fictive kin placement, or adoptive home, and of applicant's adult household members -- Request for conviction information -- Form and fee for request -- Disapproval of placement on sole basis of disability of prospective caregiver prohibited -- Background investigation at annual reevaluation authorized -- Rap back system -- Prohibited approvals -- Administrative regulation. (1) Before an applicant is approved to provide foster care or relative caregiver services to a child, to be considered a fictive kin placement for a child, or to receive a child for adoption, the Cabinet for Health and Family Services shall: (a) Require a criminal background investigation of the applicant and any of the applicant's adult household members by means of a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation; or (b) Request from the Justice and Public Safety Cabin et records of all conviction information for the applicant and any of the applicant's adult household members. The Justice and Public Safety Cabinet shall furnish the information to the Cabinet for Health and Family Services and shall also send a copy of the information to the applicant. (2) The request for records shall be in a manner approved by the Justice and Public Safety Cabinet, and the Justice and Public Safety Cabinet may charge a fee to be paid by the applicant for the actual cost of processing th e request. (3) The Cabinet for Health and Family Services shall not disapprove of any placement or custody arrangement, including but not limited to foster care, relative caregiver services, fictive kin placement, temporary custody, permanent custody, or a doption on the sole basis of a disability of the prospective caregiver without considering whether targeted adaptive or supportive services could enable the prospective caregiver to provide essential care and protection for the child. (4) During a certified adoptive or foster home's annual reevaluation, the Cabinet for Health and Family Services may: (a) Require a background investigation for each adult household member of the certified adoptive or foster home under subsections (1) and (2) of this section; or (b) Register each adult household member of a certified adoptive or foster home under subsections (1) and (2) of this section in the rap back system. (5) If a child is placed and resides in a fictive kin home for more than seventy -two (72) hours, the Cabinet for Health and Family Services shall take action, including but not limited to the following: (a) Provide information on how to recognize and report child abuse or neglect; and (b) Ensure that, within the first five (5) days of a child under the age of five (5) years old being placed in a fictive kin home, the fictive kin has completed a one (1) time training course of one and one -half (1.5) hours of training covering the prevention and recognition of pediatric abusive head trauma, as defined in KRS 620.020. (6) The Cabinet for Health and Family Services shall not approve an individual to provide foster care or relative caregiver services to a child, to be considered a fictive kin placement for a child, or to receive a child for adoption if the individual: (a) Is a registrant as defined in KRS 17.500; (b) Has an adult living in the individual's home who is a registrant as defined in KRS 17.500; or (c) Has a minor child living in the individual's home who is a registrant as defined in KRS 17.500 or who has been declared a juvenile sex offender under KRS 635.510. (7) The Cabinet for Health and Family Services shall promulgate an administrative regulation in accordance with KRS Chapter 13A to implement this section. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 1, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 26, sec. 2, effective June 27, 2025. -- Amended 2017 Ky. Acts ch. 10, sec. 2, effective June 29, 2017; and ch. 135, sec. 3, effective March 27, 2017. -- Amended 2007 Ky. Acts ch. 85, sec. 239, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 176, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 166, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 426, sec. 138, effective July 15, 1998. -- Repealed, reenacted and amended 1988 Ky. Acts ch. 345, sec. 3, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 475, sec. 2, effective July 15, 1986.

KRS 199.464 Course for foster parents on prevention and recognition of pediatric abusive head trauma

199.464. Course for foster parents on prevention and recognition of pediatric abusive head trauma (1) A foster parent who receives a child younger than the age of five (5) years for placement shall undergo a one and one-half (1.5) hour continuing education session one (1) time every five (5) years covering the prevention and recognition of pediatric abusive head trauma as defined in KRS 620.020. A current qualifying foster parent shall demonstrate completion of this educational session by December 31, 2013. (2) The educational session required in this section shall address risk factors related to pediatric abusive head trauma, and the methods to reduce the risk of pediatric abusive head trauma in the foster or adoptive home. Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric abusive head trauma approved by the secretary of the Cabinet for Health and Family Services. (3) The Cabinet for Health and Family Services may promulgate an administrative regulation to implement this section. Effective: July 15, 2010 History: Created 2010 Ky. Acts ch. 171, sec. 6, effective July 15, 2010.

KRS 199.466 Background check of child abuse and neglect records at request of parent or legal guardian employing individual to care for minor child

199.466. Background check of child abuse and neglect records at request of parent or legal guardian employing individual to care for minor child (1) A parent or legal guardian employing an individual to care for his or her minor child may request the results of a background check of the child abuse and neglect records maintained by the cabinet from the individual by submitting the same form and paying the same fee that would be submitted by an entity required by law to request such a background check on an employee or volunteer for the purpose of determining whether there has been a substantiated finding of child abuse or neglect for the child-care provider. The form shall contain the signature of the individual consenting to the background check. (2) The cabinet shall notify the individual on whom the background check was completed of the results. (a) If the results show no substantiated findings of child abuse or neglect on the registry for the individual, the cabinet shall send the individual a letter stating that they have no findings of substantiated abuse or neglect. (b) If the results show substantiated findings of child abuse or neglect on the registry for the individual, the cabinet shall send the individual the results of the search. (3) The cabinet shall make the form for requesting a background check of the child abuse and neglect records maintained by the cabinet available on its Web site along with information on how to locate a child-care provider certified or licensed by the cabinet and how to request a criminal background check for a child-care provider. (4) The cabinet shall promulgate administrative regulations to implement subsection (1) of this section. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 115, sec. 1, effective June 29, 2017.

KRS 199.467 Adoption of goals by secretary as to maximum number of children in foster care each fiscal year

199.467. Adoption of goals by secretary as to maximum number of children in foster care each fiscal year Pursuant to the requirements of the Adoption Assistance and Child Welfare Act of 1980, Pub. L. 96-272, the secretary for health and family services shall adopt by regulation specific goals for each fiscal year for the cabinet as to the maximum number of children, (either in absolute numbers or as a percentage of all children in foster care with respect to whom assistance is provided in that year) who, at any time during such fiscal year, will remain in foster care after having been in such care for a period in excess of twenty-four (24) months, together with a description of the steps to be taken by the state to achieve such goals. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 177, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 139, effective July 15, 1998. -- Created 1982 Ky. Acts ch. 190, sec. 1, effective July 15, 1982.

KRS 199.470 Petition for adoption of child -- Parties -- Residence requirement -- Approval of secretary -- Exceptions

199.470. Petition for adoption of child -- Parties -- Residence requirement -- Approval of secretary -- Exceptions (1) Any person who is eighteen (18) years of age and who is a resident of this state or who has resided in this state for twelve (12) months next before filing may file a petition for leave to adopt a child in the Circuit Court of the county in which the petitioner resides. (2) If the petitioner is married, the husband or wife shall join in a petition for leave to adopt a child unless the petitioner is married to a biological parent of the child to be adopted, except that if the court finds the requirement of a joint petition would serve to deny the child a suitable home, the requirement may be waived. (3) If a child is placed for adoption by the cabinet, by an agency licensed by the cabinet, or with written approval by the secretary of the cabinet, the petition may be filed at the time of placement. In all other adoptions, the petition shall not be filed until the child has resided continuously in the home of the petitioner for at least ninety (90) days immediately prior to the filing of the adoption petition. (4) No petition for adoption shall be filed unless prior to the filing of the petition the child sought to be adopted has been placed for adoption by a child-placing institution or agency, or by the cabinet, or the child has been placed with written approval of the secretary; but no approval shall be necessary in the case of: (a) A child sought to be adopted by a blood relative, including a relative of half- blood, first cousin, aunt, uncle, nephew, niece, and a person of a preceding generation as denoted by prefixes of grand, great, or great-great; stepparent; stepsibling; or fictive kin; however, the court in its discretion may order a report in accordance with KRS 199.510 and a background check as provided in KRS 199.473(8); (b) A child received by the proposed adopting parent or parents from an agency without this state with the written consent of the secretary; (c) A child adopted under the provisions of KRS 199.585(1); or (d) A child who has been approved under KRS Chapter 615. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 4, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 175, sec. 1, effective June 20, 2005; and ch. 68, sec. 2, effective June 20, 2005. -- Amended 1994 Ky. Acts ch. 242, sec. 2, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21); and ch. 121, sec. 1. -- Amended 1968 Ky. Acts ch. 100, sec. 3. -- Amended 1964 Ky. Acts ch. 182, sec. 1(1) to (5). -- Amended 1962 Ky. Acts ch. 211, sec. 3. -- Created 1950 Ky. Acts ch. 125, sec. 10.

KRS 199.471 Petitions for adoption not to be denied on religious, ethnic, racial, or interfaith backgrounds or sole basis of disability

199.471. Petitions for adoption not to be denied on religious, ethnic, racial, or interfaith backgrounds or sole basis of disability Petitions for adoption of children placed for adoption by the cabinet or a licensed child- placing institution or agency shall not be denied: (1) On the basis of the religious, ethnic, racial, or interfaith background of the adoptive applicant, unless contrary to the expressed wishes of the biological parent or parents; or (2) On the sole basis of a disability of the adoptive applicant without considering whether targeted adaptive or supportive services could enable the applicant to provide essential care and protection for the child. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 26, sec. 3, effective June 27, 2025. -- Created 1972 Ky. Acts ch. 231, sec. 2.

KRS 199.472 Adoption of children regulated

199.472. Adoption of children regulated (1) The cabinet shall establish criteria to be followed for the adoption of children and promulgate this criteria by administrative regulations. (2) The cabinet shall file the regulations as provided for in KRS Chapter 13A with the Legislative Research Commission. History: Created 1972 Ky. Acts ch. 231, sec. 3.

KRS 199.473 Placement of children by private person -- Home study required -- Decision to place to be made within sixty days of receipt of application -- Conditions when application refused -- Temporary custody -- Background check -- Removal -- Interstate Compact on the Placement of Children -- Application fee

199.473. Placement of children by private person -- Home study required -- Decision to place to be made within sixty days of receipt of application -- Conditions when application refused -- Temporary custody -- Background check -- Removal -- Interstate Compact on the Placement of Children -- Application fee (1) All persons other than a child-placing agency or institution, the department, or persons excepted by KRS 199.470(4) who wish to place or receive a child shall make written application to the secretary for permission to place or receive a child. (2) Prior to the approval of an application to place or receive a child, the fee required pursuant to subsection (13) of this section shall be paid and a home study shall be completed. The purpose of the home study shall be to review the background of the applicant and determine the suitability of the applicant to receive a child, taking into account at all times the best interest of the child for whom application to receive has been made. (3) (a) The home study shall be made in accordance with administrative regulations promulgated by the cabinet in accordance with KRS Chapter 13A. (b) The cabinet shall conduct the home study for an applicant whose total gross income is equal to or less than two hundred fifty percent (250%) of the federal poverty level guidelines issued each year by the federal government, unless the applicant submits a written request for the home study to be conducted by a licensed child-placing agency or institution. Upon request, the cabinet shall make information available to an applicant who does not meet the requirements of this paragraph to assist the applicant in obtaining a home study from a licensed child-placing agency approved to provide adoption services. (c) A licensed child-placing agency approved to provide adoption services shall conduct the home study for an applicant whose gross total income is more than two hundred fifty percent (250%) of the federal poverty level guidelines issued each year by the federal government. (d) Calculation of family size for this subsection shall include each child requested to be adopted. (e) The portion of the home study pertaining to the home and family background shall be valid for one (1) year following the date of its completion by an adoption worker. (4) The adoption worker making the home study shall make a finding in writing recommending either that the application be granted or that the application be denied. The recommendation of the adoption worker shall then be reviewed by the secretary. (5) Based on the report and recommendation of the adoption worke r making the home study, the secretary shall grant or refuse permission for the applicant to place or receive a child as early as practicable, but, in any case, the decision shall be made within sixty (60) days after the receipt of the application. In reac hing a decision, the secretary shall be guided by the ability of the persons wishing to receive the child to give the child a suitable home, and shall at all times consider the best interest of the child from a financial, medical, psychological, and psychiatric standpoint. (6) (a) If the application is refused, the secretary shall in general terms furnish in writing the reasons for his or her refusal. (b) If the application is refused based upon any disability of the applicant, the secretary shall confirm that an individual assessment was conducted, and that targeted adaptive or supportive services and modifications were reviewed and considered prior to the refusal. (c) The cabinet shall maintain all information and supporting documentation related to the assessment, considered targeted adaptive or supportive services, and available modifications for a period of two (2) years or as otherwise ordered by a court of competent jurisdiction. (7) (a) Any person who seeks temporary custody of a child prior to the secretary's ruling on an application for adoption shall file a petition seeking temporary custody, with a notice of intent to adopt, with the Circuit Court that will have jurisdiction of the adoption proceedings. (b) The clerk of the court shall send a notice of the filing of the petition to the cabinet. A hearing on the petition shall occur no later than seventy-two (72) hours after the filing of the petition, excluding weekends and holidays. Proceedings under this subsection shall be incorporated into the court's adoption file. (c) If the adoption is not finalized within six (6) months of the filing of the petition and notice of intent, the court shall conduct a hearing on the status and custody of the child. (8) (a) Upon a finding by the Circuit Court that the child should be placed prior to the secretary's ruling on the application, the Circuit Court may grant the applicant temporary custody of the child pending the decision of the secretary. (b) Temporary custody shall not be granted to an applicant unless a background check, including but not limited to a criminal records check by the Justice and Public Safety Cabinet or the Administrative Office of the Courts and a background check of child abuse and neglect records maintained by the cabinet, has been submitted to and reviewed by the court. The background check required for temporary custody shall be part of the home study required under subsection (2) of this section. (c) If the application is denied by the secretary, the temporary custody order shall be set aside and, upon motion of the cabinet or of the child's parent or parents, the Circuit Court may order the child returned to the biological parent or parents or the child's custody may be awarded to the cabinet, another licensed child-placing agency, or other individuals deemed appropriate by the court. (d) This section shall not be deemed to permit the completion of any adoption proceeding without the approval of the secretary and compliance with KRS 615.030, if required. (9) (a) In any case where the cabinet refuses to approve the placement of a child for adoption when requested by the parent or parents of the child, or refuses the request of any person or persons that a child be placed with that person or those persons for adoption, the decision of the secretary in so refusing shall be final unless within ten (10) days after notice of refusal, the biological or proposed adopting parent or parents shall appeal to the Circuit Court of the county in which the adoption is proposed. (b) No placement shall be disapproved: 1. On the basis of the religious, ethnic, racial, or interfaith background of the adoptive applicant, if the placement is made with the consent of the parent; or 2. On the sole basis of a disability of the adoptive applicant without considering whether targeted adaptive or supportive services could enable the applicant to provide essential care and protection for the child. (10) (a) The cabinet may refuse to approve the placement of a child for adoption if the child's custodial parent is unwilling for the child to be placed for adoption with the proposed adoptive family. The cabinet may approve or deny the placement, in spite of the fact that the custodial parent or parents are unwilling to be interviewed by the cabinet or other approving entity, or if, after diligent efforts have been made, the adoption worker is unable to locate or interview the custodial parent or parents. (b) The cabinet shall be made a party defendant to any appeal taken under subsection (9) of this section. In the hearing of an appeal, the court shall review the findings of the secretary and shall determine if the secretary has acted arbitrarily, unlawfully, or in a manner that constitutes an abuse of discretion. (11) If a child who does not fall within the exception provided for in KRS 199.470(4) is placed or received in a home without the court's review of the background check required under this section or the permission of the secretary for health and family services, or if permission to receive a child has been denied, a representative of the cabinet shall notify in writing or may petition the juvenile session of District Court of the county in which the child is found setting out the facts concerning the child. When the petition has been filed, the court shall take jurisdiction of the child and shall provide for it as it would provide for a dependent, neglected, or abused child under KRS Chapter 620, except that the child may not be placed in the home of the applicants who are to receive the child unless permission to do so is granted by the secretary or the action is ordered by a Kentucky court of competent jurisdiction. (12) When either the custodial parent or parents of the child to be placed or the persons wishing to receive the child reside out-of-state, the requirement of KRS 615.030, Interstate Compact on the Placement of Children, shall be met before the cabinet gives approval for the child's placement. (13) The secretary of the Cabinet for Health and Family Services shall be paid a nonrefundable fee of two hundred dollars ($200) upon the filing of the written application for permission to place or receive a child. Payment shall be made by certified or cashier's check only. All funds collected under this section shall be deposited in a restricted account, which is hereby created, for the purpose of subsidizing an adoptive parent for suitable care of a special-needs child as authorized in KRS 199.555. (14) Nothing in this statute shall be construed to limit the authority of the cabinet or a child-placing institution or agency to determine the proper disposition of a child committed to it by the juvenile session of District Court or the Circuit Court, prior to the filing of an application to place or receive a child. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 26, sec. 4, effective June 27, 2025. -- Amended 2018 Ky. Acts ch. 159, sec. 36, effective July 14, 2018. -- Amended 2007 Ky. Acts ch. 85, sec. 240, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 178, effective June 20, 2005; and ch. 175, sec. 2, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 140, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 3, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 247, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 423, sec. 187, effective July 1, 1987. -- Amended 1980 Ky. Acts ch. 188, sec. 154, effective July 15, 1980 -- Amended 1978 Ky. Acts ch. 137, sec. 6, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 98. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (14) and (21). -- Amended 1972 Ky. Acts ch. 231, sec. 1. -- Amended 1964 Ky. Acts ch. 182, sec. 1 (6) to (9). -- Created 1962 Ky. Acts ch. 211, sec. 3. Legislative Research Commission Note (6/26/2007). This section was amended by 1980 Ky. Acts ch. 280, sec. 144, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.

KRS 199.474 Home study -- Administrative regulations

199.474. Home study -- Administrative regulations (1) As used in this section unless the context requires otherwise: (a) "Cabinet" means the Cabinet for Health and Family Services; and (b) "Home study" has the same meaning as in KRS 615.030, Article II, subsection (6). (2) The cabinet shall promulgate by administrative regulations the process, procedures, and requirements to ensure that a uniform establishment and understanding of the definition of, and the required documentation within, any home study required pursuant to this chapter is the same for both public and private agencies. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 159, sec. 8, effective July 14, 2018.

KRS 199.475 Petition by army post resident

199.475. Petition by army post resident Any person who has been a resident of any United States Army post, military reservation or fort within the State of Kentucky for sixty (60) days, or a resident of this state who has resided on such United States Army post, military reservation or fort together aggregating sixty (60) days before filing the petition, may bring an action for adoption of a child in any county adjacent to said army post or military reservation. History: Amended 1976 Ky. Acts ch. 352, sec. 1. -- Created 1958 Ky. Acts ch. 76, sec. 1.

KRS 199.480 Parties defendant in an adoption proceeding -- Process -- Guardian ad litem

199.480. Parties defendant in an adoption proceeding -- Process -- Guardian ad litem (1) The following persons shall be made parties defendant in an action for leave to adopt a child: (a) The child to be adopted; (b) The biological living parents of a child under eighteen (18), if the child is born in lawful wedlock. If the child is born out of wedlock, its mother; and its father, if one (1) of the following requirements is met: 1. He is known and voluntarily identified by the mother by affidavit; 2. He has registered with the cabinet pursuant to KRS 199.503 as a putative father prior to the birth of the child, or if he did not have notice prior to the birth of the child, within twenty-one (21) days after the birth of the child; 3. He has caused his name to be affixed to the birth certificate of the child; 4. He has commenced a judicial proceeding claiming parental right; 5. He has contributed financially to the support of the child, either by paying the medical or hospital bills associated with the birth of the child or financially contributed to the child's support; or 6. He has married the mother of the child or has lived openly or is living openly with the child or the person designated on the birth certificate as the biological mother of the child. A putative father shall not be made a party defendant if none of the requirements set forth above have been met, and a biological parent shall not be made a party defendant if the parental rights of that parent have been terminated under KRS Chapter 625, or under a comparable statute of another jurisdiction; (c) The child's guardian, if it has one. (d) If the care, custody, and control of the child has been transferred to the cabinet, or any other individual or individuals, institution, or agency, then the cabinet, the other individual or individuals, institution, or agency shall be named a party defendant, unless the individual or individuals, or the institution or agency is also the petitioner. (2) Each party defendant shall be brought before the court in the same manner as provided in other civil cases except that if the child to be adopted is under fourteen (14) years of age and the cabinet, individual, institution, or agency has custody of the child, the service of process upon the child shall be had by serving a copy of the summons in the action upon the cabinet, individual, institution or agency, any provision of CR 4.04(3) to the contrary notwithstanding. (3) If the child's biological living parents, if the child is born in lawful wedlock, or if the child is born out of wedlock, its mother, and if paternity is established in legal action or if an affidavit is filed stating that the affiant is father of the child, its father, are parties defendant, no guardian ad litem need be appointed to represent the child to be adopted. Effective:June 27, 2019 History: Amended 2019 Ky. Acts ch. 33, sec. 3, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 30, effective July 14, 2018. -- Amended 1994 Ky. Acts ch. 242, sec. 4, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 423, sec. 188, effective July 1, 1987. -- Amended 1984 Ky. Acts ch. 16, sec. 3, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 188, sec. 183, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 51, sec. 1; and ch. 386, sec. 35. -- Amended 1962 Ky. Acts ch. 210, sec. 27; and ch. 211, sec. 4. -- Created 1950 Ky. Acts ch. 125, sec. 11. Legislative Research Commission Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 145, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.

KRS 199.490 Contents of adoption petition -- Accompanying papers

199.490. Contents of adoption petition -- Accompanying papers (1) The petition shall allege: (a) The name, date, place of birth, place of residence, and mailing address of each petitioner, and, if married, the date and place of their marriage; (b) The name, date, place of birth, place of residence, and mailing address, if known, of the child sought to be adopted; (c) Relationship, if any, of the child to each petitioner; (d) Full name by which the child shall be known after adoption; (e) A full description of the property, if any, of the child so far as it is known to the petitioner; (f) The names of the parents of the child and the address of each living parent, if known. The name of the biological father of a child born out of wedlock shall not be given unless paternity is established in a legal action, or unless an affidavit is filed stating that the affiant is the father of the child. If certified copies of orders terminating parental rights are filed as provided in subsection (2) of this section, the name of any parent whose rights have been terminated shall not be given; (g) The name and address of the child's guardian, if any, or of the cabinet, institution, or agency having legal custody of the child; (h) Any further facts necessary for the location of the person or persons whose consent to the adoption is required, or whom KRS 199.480 requires to be made a party to or notified of the proceeding; and (i) If any fact required by this subsection to be alleged is unknown to the petitioners, the lack of knowledge shall be alleged. (2) There shall be filed with the petition certified copies of any orders terminating parental rights. Any consent to adoption shall be filed prior to the entry of the adoption judgment. (3) If the petitioner was not excepted by KRS 199.470(4), a copy of the written approval of the secretary of the Cabinet for Health and Family Services or the secretary's designee shall be filed with the petition. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 37, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 99, sec. 179, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 141, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 5, effective July 15, 1994. -- Amended 1976 Ky. Acts ch. 243, sec. 1. -- Amended 1974 Ky. Acts ch. 386, sec. 36. -- Created 1950 Ky. Acts ch. 125, sec. 12.

KRS 199.492 Attorney not to represent both biological and adoptive parents -- Penalty

199.492. Attorney not to represent both biological and adoptive parents -- Penalty (1) In an adoption proceeding, an attorney shall not represent both the biological parents and the prospective adoptive parents. (2) Any person who violates subsection (1) of this section shall be guilty of a Class A misdemeanor. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 242, sec. 20, effective July 15, 1994.

KRS 199.493 Prohibition against payment of attorney's fees of biological parent without court approval -- Penalty

199.493. Prohibition against payment of attorney's fees of biological parent without court approval -- Penalty (1) No adoptive parent, proposed adoptive parent, agency, or intermediary shall pay the attorney's fees of a biological parent for any purpose related to an adoption action except as approved by the court. (2) Any person who violates subsection (1) of this section shall be guilty of a Class A misdemeanor. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 242, sec. 21, effective July 15, 1994.

KRS 199.500 Consent to adoption

199.500. Consent to adoption (1) An adoption shall not be granted without the voluntary and informed consent, as defined in KRS 199.011, of the living parent or parents of a child born in lawful wedlock or the mother of the child born out of wedlock, or the father of the child born out of wedlock if paternity is established in a legal action or if an affidavit is filed stating that the affiant is the father of the child, except that the consent of the living parent or parents shall not be required if: (a) The parent or parents have been adjudged mentally disabled and the judgment shall have been in effect for not less than one (1) year prior to the filing of the petition for adoption; (b) The parental rights of the parents have been terminated under KRS Chapter 625; (c) The living parents are divorced and the parental rights of one (1) parent have been terminated under KRS Chapter 625 and consent has been given by the parent having custody and control of the child; or (d) The biological parent has not established parental rights as required by KRS 625.065. (2) A minor parent who is a party defendant may consent to an adoption but a guardian ad litem for the parent shall be appointed. (3) In the case of a child twelve (12) years of age or older, the consent of the child shall be given in court. The court in its discretion may waive this requirement. (4) Notwithstanding the provisions of subsection (1) of this section, an adoption may be granted without the consent of the biological living parents of a child if it is pleaded and proved as a part of the adoption proceedings that any of the provisions of KRS 625.090 exist with respect to the child. (5) An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to seventy-two (72) hours after the birth of the child. A voluntary and informed consent may be taken at seventy-two (72) hours after the birth of the child and shall become final and irrevocable seventy-two (72) hours after it is signed. Effective:June 27, 2019 History: Amended 2019 Ky. Acts ch. 33, sec. 4, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 42, effective July 14, 2018. -- Amended 2001 Ky. Acts ch. 69, sec. 2, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 426, sec. 142, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 6, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 423, sec. 189, effective July 1, 1987. -- Amended 1984 Ky. Acts ch. 16, sec. 4, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 141, sec. 65, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 184, effective July 15, 1980; and ch. 396, sec. 20, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 137, sec. 7, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 386, sec. 37. -- Created 1950 Ky. Acts ch. 125, sec. 13. Legislative Research Commission Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 146, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.

KRS 199.502 Conditions necessary for adoption without consent of child's biological living parents -- Court decision -- Representation of biological parent

199.502. Conditions necessary for adoption without consent of child's biological living parents -- Court decision -- Representation of biological parent (1) Notwithstanding the provisions of KRS 199.500(1), an adoption may be granted without the consent of the biological living parents of a child if it is pleaded and proved as part of the adoption proceeding that any of the following conditions exist with respect to the child: (a) That the parent has abandoned the child for a period of not less than ninety (90) days; (b) That the parent had inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury; (c) That the parent has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, physical injury or emotional harm; (d) That the parent has been convicted of a felony that involved the infliction of serious physical injury to a child named in the present adoption proceeding; (e) That the parent, for a period of not less than six (6) months, has continuously or repeatedly failed or refused to provide or has been substantially incapable of providing essential parental care and protection for the child, and that there is no reasonable expectation of improvement in parental care and protection, considering the age of the child; (f) That the parent has caused or allowed the child to be sexually abused or exploited; (g) That the parent, for reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing essential food, clothing, shelter, medical care, or education reasonably necessary and available for the child's well-being and that there is no reasonable expectation of significant improvement in the parent's conduct in the immediately foreseeable future, considering the age of the child; (h) That: 1. The parent's parental rights to another child have been involuntarily terminated; 2. The child named in the present adoption proceeding was born subsequent to or during the pendency of the previous termination; and 3. The condition or factor which was the basis for the previous termination finding has not been corrected; (i) That the parent has been convicted in a criminal proceeding of having caused or contributed to the death of another child as a result of physical or sexual abuse or neglect; or (j) That the parent is a putative father, as defined in KRS 199.503, who fails to register as the minor's putative father with the putative father registry established under KRS 199.503 or the court finds, after proper service of notice and hearing, that: 1. The putative father is not the father of the minor; 2. The putative father has willfully abandoned or willfully failed to care for and support the minor; or 3. The putative father has willfully abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor, or the minor's placement in the home of the petitioner, whichever occurs first. (2) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter findings of fact, conclusions of law, and a decision either: (a) Granting the adoption without the biological parent's consent; or (b) Dismissing the adoption petition, and stating whether the child shall be returned to the biological parent or the child's custody granted to the state, another agency, or the petitioner. (3) A biological living parent has the right to legal representation in an adoption wherein he or she does not consent. The Circuit Court shall determine if a biological living parent is indigent and, therefore, entitled to counsel pursuant KRS Chapter 31. If the Circuit Court so finds, the Circuit Court shall inform the indigent parent; and, upon request, if it appears reasonably necessary in the interest of justice, the Circuit Court shall appoint an attorney to represent the biological living parent pursuant to KRS Chapter 31 to be provided or paid for by: (a) The petitioner, a fee to be set by the court and not to exceed five hundred dollars ($500); or (b) The Finance and Administration Cabinet if the petitioner is a blood relative or fictive kin as established in KRS 199.470(4)(a), a fee to be set by the court and not to exceed five hundred dollars ($500). Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 35, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 57, sec. 18, effective March 17, 1998. -- Created 1994 Ky. Acts ch. 242, sec. 10, effective July 15, 1994.

KRS 199.503 Putative father registry -- Administrative regulations -- Registration -- Notification of opportunity to register -- Data storage -- Certified copy of registration form -- Confidentiality -- Information on Web site

199.503. Putative father registry -- Administrative regulations -- Registration -- Notification of opportunity to register -- Data storage -- Certified copy of registration form -- Confidentiality -- Information on Web site (1) The General Assembly of the Commonwealth of Kentucky hereby finds and declares that the purpose of the putative father registry established pursuant to this section is to determine the name and address of a father whose name and address have not been disclosed by the mother of the child, on or before the date the mother executes a consent to the child's adoption to an attorney or an agency that is arranging the adoption of the child, and who may have conceived a child for whom a petition for adoption has been or may be filed so that notice of the adoption may be provided to the putative father. (2) As used in this section, "putative father" means a male who may be a child's father, but who: (a) Is not married to the child's mother on or before the date that the child is born; (b) Has not established paternity of the child in a court or agency proceeding in this or another state before the filing of a petition for adoption of the child; or (c) Has not completed an acknowledgment of paternity affidavit before the filing of a petition for adoption of the child. (3) The cabinet shall establish a putative father registry and promulgate administrative regulations to administer the registry in accordance with this section. (4) (a) A putative father may register with the putative father registry by providing the following information to the cabinet: 1. The putative father's name, date of birth, place of birth, place of residence, and an address at which he may be served with notice of the filing of a petition for adoption; 2. The mother's name, date of birth, place of birth, place of residence, and mailing address, if known; and 3. Any other information described in subsection (5) of this section that is known to the putative father. (b) A putative father who registers under this section is responsible for: 1. Verifying with the cabinet the accuracy of the registration; and 2. Submitting to the cabinet an amended registration each time the information supplied by the putative father changes. (c) A putative father who has registered pursuant to this section may revoke a registration at any time. (5) The cabinet shall maintain the following information in the putative father registry: (a) The putative father's name, date of birth, place of birth, place of residence, and an address at which he may be served with notice of the filing of a petition for adoption; (b) The mother's name, date of birth, place of birth, place of residence, and mailing address, if known; (c) The child's name, date of birth, and place of birth, if known; (d) The date that the cabinet receives a putative father's registration; (e) The name of any attorney or agency that requests the cabinet to search the registry pursuant to KRS 199.505 and the date of the request; and (f) Any other information that the cabinet determines is necessary to access the information in the registry. (6) If a child's mother provides the name of a potential putative father and his place of residence and mailing address, if known, to the cabinet, the cabinet shall, to the best of its ability, notify the potential putative father to inform him of his opportunity to register with the putative father registry. (7) The cabinet shall store the registry's data so that it is accessible under the following: (a) The putative father's name; (b) The mother's name; or (c) The child's name. (8) Subject to subsection (9) of this section, the cabinet shall furnish a certified copy of a putative father's registration form upon written request by: (a) A putative father; (b) A mother; (c) A child; (d) Any party or attorney of record in a pending adoption; (e) An attorney who represents: 1. Prospective adoptive parents; 2. Petitioners in an adoption; 3. A mother; 4. A putative father; or 5. A child-placing agency; (f) A licensed child-placing agency that represents: 1. Prospective adoptive parents; 2. Petitioners in an adoption; 3. A mother; or 4. A putative father; or (g) A court that presides over a pending adoption. (9) The cabinet may release the certified copy of the registration form to a person under subsection (8)(a) to (c) of this section only if the information contained in the registration form names the requesting person. (10) A person who makes a request pursuant to this section shall state that the requesting person is entitled to receive the information under this section. The cabinet may charge a fee of twenty-five dollars ($25) to a person who makes a request under this section. The fee established by this subsection shall not apply to a court. (11) Except as otherwise provided in this section and KRS 199.505, information contained within the registry is confidential. (12) The cabinet shall publish information regarding the putative father registry on its Web site. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 159, sec. 28, effective July 14, 2018.

KRS 199.505 Request for search of putative father registry -- Service of notice -- Affidavit and registration form provided to requesting party -- Adoption not granted unless affidavit filed with court -- Exceptions

199.505. Request for search of putative father registry -- Service of notice -- Affidavit and registration form provided to requesting party -- Adoption not granted unless affidavit filed with court -- Exceptions (1) An attorney or child-placing agency that arranges a prospective adoption may at any time request that the cabinet search the putative father registry established under KRS 199.503 to determine whether a putative father is registered in relation to a mother whose child is the subject of the adoption. (2) An attorney or child-placing agency that arranges a prospective adoption may at any time serve the putative father of a child or cause the putative father to be served with actual notice that the mother of the child is considering an adoptive placement for the child. (3) Beginning July 14, 2018, whenever a petition for adoption is filed, the attorney or child-placing agency that arranges the adoption shall request that the cabinet search the putative father registry at least one (1) day after the expiration of the period specified by KRS 199.480(1)(b)2. (4) No later than five (5) business days after receiving a request under subsection (1) or (3) of this section, the cabinet shall submit an affidavit to the requesting party verifying whether a putative father is registered in relation to a mother whose child is the subject of the adoption. (5) Whenever the cabinet finds that one (1) or more putative fathers are registered, the cabinet shall submit a copy of each registration form with its affidavit. (6) A court shall not grant an adoption unless the cabinet's affidavit under this section is filed with the court. (7) An adoption involving a foreign-born child, an adoption initiated out-of-state, or a public agency adoption shall not be subject to the requirements of this section. Effective:April 1, 2022 History: Amended 2022 Ky. Acts ch. 75, sec. 12, effective April 1, 2022. -- Amended 2019 Ky. Acts ch. 33, sec. 6, effective June 27, 2019. -- Created 2018 Ky. Acts ch. 159, sec. 29, effective July 14, 2018.

KRS 199.510 Investigation and report

199.510. Investigation and report (1) Upon filing a petition for the adoption of a minor child, the clerk of the court shall forward two (2) copies of the petition to the cabinet. The cabinet, or any person, agency or institution designated by it or the court shall, to the extent of available facilities, investigate and report in writing to the court: (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed adoptive parents are financially able and morally fit to have the care, custody and training of the child; and (c) Whether the adoption is to the best interest of the child and the child is suitable for adoption. (2) The report of the cabinet or the designated person, agency or institution shall be filed with the court as soon as practicable but not later than ninety (90) days from the placement of the child or ninety (90) days after the filing date of the petition, whichever is longer, unless for good cause the court by written order extends the period of time for filing the report. If the cabinet or the designated person, agency or institution is unable to make the report, it shall within ten (10) days of receipt of the petition notify the court of its inability to conduct the investigation, and the court may designate some other person, agency or institution to make the necessary investigation. If the court designates some other person, agency or institution, the clerk shall forward one (1) copy of the petition to such person, agency or institution and shall notify the cabinet of such other designation at the time he forwards the petition to the cabinet. (3) If the cabinet is a party defendant, its reports, if it files no other pleadings, shall be considered its answer to the petition. (4) The clerk's fee for copying and forwarding the copies of the petitions required by this section shall be taxed as a cost of the action. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 242, sec. 7, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 121, sec. 2. -- Amended 1956 Ky. Acts ch. 157, sec. 12. -- Created 1950 Ky. Acts ch. 125, sec. 14.

KRS 199.515 Hearing -- Notice

199.515. Hearing -- Notice After the report of the guardian ad litem, if any, for the child and the report required by KRS 199.510 have been filed, the court at any time on motion of its own or that of any interested party may set a time for a hearing on the petition to be conducted in chambers in privacy, except as hereinafter provided. Notice of the hearing shall be given to all necessary parties at least ten (10) days in advance thereof, unless such parties shall have answered and agreed to the adoption or have failed to answer and the time for answering has expired, or shall have waived notice of the hearing. All necessary parties may be present and at least one (1) of the adopting parents and the guardian ad litem, if any, for the child must be present at the hearing. Effective: February 27, 1956 History: Created 1956 Ky. Acts ch. 157, sec. 13, effective February 27, 1956.

KRS 199.520 Judgment -- Prerequisites -- Orders -- Name and legal status of child -- Health history and other nonidentifying information of biological parents and relatives to be given to adoptive parents

199.520. Judgment -- Prerequisites -- Orders -- Name and legal status of child -- Health history and other nonidentifying information of biological parents and relatives to be given to adoptive parents (1) (a) After hearing the case, the court shall enter a judgment of adoption if it finds that: 1. The facts stated in the petition were established; 2. All legal requirements, including jurisdiction, relating to the adoption have been complied with; 3. The petitioners are of good moral character, of re putable standing in the community and of ability to properly maintain and educate the child; and 4. The best interest of the child will be promoted by the adoption and that the child is suitable for adoption. (b) In the judgment, the name of the child sh all be changed to conform with the prayer of the petition. The judgment and all orders required to be entered and recorded in the order book, including the caption, shall contain only the names of the petitioners and the proposed adopted name of the child, without any reference to its former name or the names of its birth parents. (2) (a) Upon entry of the judgment of adoption, from and after the date of the filing of the petition, the child shall be: 1. Deemed the child of petitioners; and 2. Except as provided in paragraph (b) of this subsection, for all legal considerations, the natural child of the parents adopting it the same as if born of their bodies. (b) For purposes of inheritance and succession, the child shall only be deemed the child of the petitioners if the child was adopted and resided in the household of the petitioners prior to eighteen (18) years of age. (c) Upon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated except the relationship of a biological parent who is the spouse of an adoptive parent. (3) The clerk of the court shall notify the cabinet of any action of the court with respect to entering a judgment granting an adoption, the amendment of an adoption, or the denial or dismissal of a petition for adoption. (4) (a) The cabinet or other child-placing agency shall provide to the adoptive parents and the Circuit Court, in writing, on a standardized form provided by the cabinet, the health history and other nonidentifying background information of biological parents and blood relatives of the adopted person to the extent known, not later than the date of finalization of the adoption proceedings. This information shall include the results of any tests for HIV o r hepatitis A, B, and C; and (b) The information provided for in paragraph (a) of this subsection, if known, shall, upon the request in person or in writing of the adult adopted person, be made available in writing to that person. The information shall not be made available if it would identify the biological parents of the adopted person, except as provided in KRS 199.570 and 199.572. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 31, effective July 15, 2026. -- Amended 2003 Ky. Acts ch. 166, sec. 2, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 432, sec. 1, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 242, sec. 8, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 43, sec. 2, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 16, sec. 5, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 121, sec. 3. -- Amended 1956 Ky. Acts ch. 157, sec. 14, effective February 27, 1956. -- Created 1950 Ky. Acts ch. 125, sec. 15.

KRS 199.521 Posthumous adoption

199.521. Posthumous adoption (1) In any pending adoption proceeding under this chapter, the court may enter a judgment of adoption after a child's death upon the motion of the petitioner or petitioners if: (a) The child dies during the time the child is placed in the home of the petitioner or petitioners; (b) Prior to the hearing, the court has received the report of the guardian ad litem, if any, for the child and the report required by KRS 199.510; (c) A hearing has been scheduled and notice has been given as required under KRS 199.515; and (d) The court determines after hearing the case that the requirements of KRS 199.520(1) have been met. (2) Any judgment of adoption under this section shall: (a) Change the name of the child to conform with the prayer of the petition; (b) Ensure that the judgment and all orders required to be entered and recorded in the order book, including the caption, shall contain only the names of the petitioners and the proposed adopted name of the child, without any reference to the child's former name or the nam es of the birth parents; and (c) Establish that upon entry of the judgment of adoption, from and after the date of the filing of the petition the child shall be deemed the child of petitioners and, except as provided in subsection (4) of this section, for the purpose of legal considerations, the natural child of the parents adopting the child the same as if born of their bodies, and all legal relationship between the adopted child and the biological parents shall be terminated except the relationship of a biological parent who is the spouse of an adoptive parent. (3) The clerk of the court shall notify the cabinet of the adoption as required in KRS 199.520. (4) Notwithstanding any other law to the contrary, nothing in this section shall entitle the petitioner or petitioners proceeding under this section to any present or future interest in property or inheritance of the deceased child, or to any other benefit, whether governmental or otherwise, that would have become payable had the judgment of adoption been entered prior to the death of the child. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 16, sec. 1, effective June 27, 2025. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 16, sec. 2, provides that the Act, which created this statute, may be cited as Braylon's Law.

KRS 199.525 Dissemination of post-adoption information about medical or genetic condition affecting an adopted person

199.525. Dissemination of post-adoption information about medical or genetic condition affecting an adopted person (1) If the cabinet receives written information from the biological parent or adult biological sibling of an adopted person or a provider of medical services concerning a physician-verified medical or genetic condition which has affected or may affect the physical or mental health of genetically-related persons, the cabinet shall make a diligent effort to notify the adoptive parent if the adopted person is a minor, the adult adopted person, or the adult adoptable person in order to transmit the health information. For the purposes of this section, "adoptable person" means a person for whom the court has terminated the parental rights of both biological parents but who has not been adopted. (2) The cabinet shall submit the health information to the clerk of the Circuit Court which issued the adoption order, and the clerk shall place the health information in the adoption case file. (3) If a child-placing agency or the court receives health information, it shall notify and transmit the information to the cabinet. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 325, sec. 2, effective July 15, 1996.

KRS 199.540 Period after which adoption not subject to attack

199.540. Period after which adoption not subject to attack After the expiration of one (1) year from the date of the entry of judgment of adoption, the validity thereof shall not be subject to attack in any action, collateral or direct, by reason of any irregularity or failure to comply with KRS 199.470 to 199.520, either procedurally or substantively. Effective:April 1, 2022 History: Amended 2022 Ky. Acts ch. 75, sec. 13, effective April 1, 2022. -- Amended 1994 Ky. Acts ch. 242, sec. 9, effective July 15, 1994. -- Amended 1970 Ky. Acts ch. 92, sec. 66. -- Created 1950 Ky. Acts ch. 125, sec. 17.

KRS 199.550 Disposition of child if adoption not adjudged

199.550. Disposition of child if adoption not adjudged If for any reason whatsoever a petition for adoption of a minor child be dismissed or the judgment of adoption annulled, the following disposition shall be made of the child: (1) If the child is, or was, prior to the filing of the petition, in the care, custody, and control of the cabinet, individual, institution, or agency, then the child shall be returned to the custody of the cabinet or such individual, institution, or agency; (2) Otherwise the court shall certify the case to the juvenile session of the District Court of the county where the adoption proceeding is pending for appropriate action and disposition. Said District Court shall advise the cabinet of the pendency of such action. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 177, effective January 2, 1978. -- Created 1950 Ky. Acts ch. 125, sec. 18.

KRS 199.555 State-funded adoption assistance payments -- Conditions

199.555. State-funded adoption assistance payments -- Conditions (1) A "special-needs child" means: (a) A child which the state has determined cannot or should not be returned to the home of the child's parents; and (b) A child which the state has first determined: 1. That there exists a specific factor or condition the existence of which leads to the reasonable conclusion that the child cannot be placed with adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX; and 2. That except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of these parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX. (2) "State-funded adoption assistance" means a monthly payment to assist in meeting the special needs of a child which was placed by the Cabinet for Health and Family Services. The state-funded adoption assistance shall also include payment of nonrecurring adoption expenses, and may include reimbursement of extraordinary medical expenses. (3) "Nonrecurring adoption expenses" means those expenses which are incurred in the legal adoption of a special-needs child for which parents are ultimately responsible which include reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the special-needs adoption and which are not incurred in violation of state or federal law. (4) "Extraordinary medical expenses" means those expenses which are related to the child's special needs which existed prior to the adoption and are not reimbursed by private insurance, Medicaid, or other third-party payors or government programs. (5) If the secretary of the Cabinet for Health and Family Services or his designated representative finds that a child may benefit from being adopted and that a monthly assistance payment to adoptive parents after the adoption will increase the likelihood of adoption, state funds may be paid to the adoptive parents after completion of the adoption of the child if the following conditions exist: (a) The child was considered a special-needs child prior to the adoption; (b) The child is committed to the Cabinet for Health and Family Services and the cabinet has authority to consent to the child's adoption; and (c) The adoptive parents can give suitable care to the child if a monthly adoption assistance is paid. (6) Agreements for the payments of state funds under this section shall be made prior to the adoption of the child. However, if the secretary for health and family services or his designated representative finds that the adoption is likely to disrupt, state-funded extraordinary medical expenses may be reimbursed contingent upon availability of resources, if the following conditions exist: (a) The child was placed for adoption by the Cabinet for Health and Family Services; (b) The child was considered a special-needs child prior to the adoption; (c) The parents have made a reasonable effort under the circumstances to meet the needs of the child without reimbursement for extraordinary medical expenses. This subsection shall apply to any child meeting the conditions of this subsection who at the time of application for the state-funded post-adoption extraordinary medical expenses is under the age of eighteen (18). This subsection shall have retroactive as well as prospective effect. (7) The payments shall be out of funds appropriated to the cabinet and those funds collected pursuant to KRS 199.473(13), which shall be deposited in a restricted account for the purpose of assisting special-needs adoptions, and shall be in accordance with regulations promulgated by the secretary. The payments shall not exceed the amount which would be paid for foster care for the child. Monthly state- funded assistance payments shall not exceed the amount which would be paid for foster care for the child and may include reimbursement for extraordinary medical expenses. Payment of nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary for health and family services in accord with 42 U.S.C. sec. 673. However, payments under agreements entered into under subsection (6) of this section shall be limited to reimbursement of authorized extraordinary medical expenses related to problems or conditions that existed prior to the adoption. (8) State-funded adoption assistance payments shall not be made to parents if: (a) The child has attained the age of eighteen (18), except that if the child is enrolled in a state or federal educational program, the payments may continue through age twenty-one (21); (b) The cabinet determines the parents are no longer legally responsible for the support of the child; or (c) The cabinet determines that the child is no longer receiving any support from the parents. (9) Parents who have been receiving state-funded adoption assistance payments under this section shall keep the cabinet informed of circumstances which would, pursuant to subsection (8) of this section, make them ineligible for assistance, or eligible for assistance in a different amount. (10) The cabinet shall establish criteria to be followed for the adoption of children under provisions of this section and shall promulgate the criteria by administrative regulations. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 48, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 180, effective June 20, 2005; and ch. 175, sec. 3, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 143, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 247, sec. 2, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 467, sec. 1, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 179, sec. 1. -- Created 1972 Ky. Acts ch. 346, sec. 1.

KRS 199.557 Federal Title IV-E adoption assistance

199.557. Federal Title IV-E adoption assistance (1) For the purpose of this section, unless the context requires otherwise, "Federal Title IV-E adoption assistance" means a monthly payment to assist in the integration of the child into the adoptive family and the payment of nonrecurring adoption expenses which include reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to legal adoption of a special-needs child and which are not incurred in violation of state or federal law. (2) Federal Title IV-E adoption assistance shall be paid to the adoptive parent or parents after conclusion of the adoption if the child meets the eligibility criteria established at 42 U.S.C. sec. 673. (3) Agreements for Federal Title IV-E adoption assistance under this section shall be made prior to the adoption of the child. (4) Payment shall be out of funds appropriated to the cabinet and Federal Title IV-E funds of the Social Security Act as amended (42 U.S.C. secs. 673 et seq.). All payments shall be in accordance with administrative regulations promulgated by the Cabinet for Health and Family Services. Payments shall not exceed the amount which would be paid for foster care for the child. Nonrecurring adoption expenses shall only be reimbursed up to the limit established by the secretary of the Cabinet for Health and Family Services or his designated representative in accordance with 42 U.S.C. secs. 673 et seq. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 48, sec. 2, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 181, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 144, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 247, sec. 4, effective July 13, 1990.

KRS 199.560 Appeal

199.560. Appeal Any party to any adoption proceeding shall have the same right of appeal to the Court of Appeals of Kentucky as in other equity actions. History: Created 1950 Ky. Acts ch. 125, sec. 19.

KRS 199.570 Adoption records confidential -- Exception -- New birth certificate -- Change in records

199.570. Adoption records confidential -- Exception -- New birth certificate -- Change in records (1) (a) The files and records of the court during adoption proceedings shall not be open to inspection by persons other than parties to the proceedings, their attorneys, and representatives of the cabinet except under order of the court expressly permitting inspection. (b) Upon the entry of the final order in the case, the clerk shall place all papers and records in the case in a suitable envelope which s hall be sealed, or a digital file with restricted access, and shall not be open for inspection by any person, except as provided in KRS 199.572. Health information received pursuant to KRS 199.525 shall be added to the adoption case file. The clerk of the Circuit Court shall set up a separate docket and order book for adoption cases and these files and records shall be kept locked. (c) No person having charge of any adoption records shall disclose the names of any parties appearing in such records or furnis h any copy of any such records to any person or other entity that does not meet the requirements of KRS 199.572, except upon order of the court which entered the judgment of adoption. (2) After entry of the adoption judgment, the clerk of the Circuit Court shall promptly report to the Cabinet for Health and Family Services of Kentucky full information as called for on forms furnished by the Cabinet for Health and Family Services, necessary to make a new birth certificate conforming to the standard birth certificate form. Upon receipt of this information, the Cabinet for Health and Family Services shall cause to be made a new record of the birth and it shall be filed with the original certificate, and the original certificate shall be stamped with the words, "CONFIDENTIAL -- subject to copy and/or inspection only on written order of the court." (3) The new certificate shall set forth the new name, if any, of the adopted child, the names of the adoptive parents, and such other information deemed necessary in accordance with rules and regulations promulgated by the Cabinet for Health and Family Services in issuing of birth certificates. If the adopted child is under eighteen (18) years of age, the birth certificate shall not contain any information revealing the child is adopted and shall show the adoptive parent or parents as the biological parent or parents of the child. If requested by the adoptive parents, the new birth certificate when issued shall contain the location of birth, hospital, and name of doctor or midwife. This information should be given only by an order of the court in which the child was adopted. The new birth certificate shall recite the residence of the adoptive parents as the birthplace of the child and this shall be deemed for all legal pur poses to be the birthplace of the child. If no birth certificate is on file for a child born in Kentucky, the Cabinet for Health and Family Services shall prepare a certificate of birth in accordance with the information furnished the cabinet by the clerk of the Circuit Court which issued the adoption order. The Cabinet for Health and Family Services shall furnish to the clerks of the Circuit Courts the necessary forms to carry out the provisions of this section. If the child was born in another state, the order of adoption shall be forwarded to the division of vital statistics of the state concerned to be changed in accordance with the laws of such state. If the child was born in a foreign country, the report of adoption shall be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency. (4) Thereafter when any copy of the certificate of birth of any child is issued it shall be a copy of the new certificate of birth, except when an order of the court granting the judgment of adoption shall request the issuance of the copy of the original certificate of the child's birth. (5) If any judgment of adoption is reversed, modified, or vacated in any particular, the clerk of the Circuit Court shall notify the Cabinet for Health and Family Services of the reversal or modification and the effect of same, and the cabinet shall make any necessary changes in its records. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 43, sec. 2, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 75, sec. 14, effective April 1, 2022. -- Amended 2005 Ky. Acts ch. 99, secs. 148 and 182, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 186, sec. 8, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 426, sec. 145, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 325, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 242, sec. 11, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 43, sec. 3, effective July 15, 1986. -- Amended 1976 Ky. Acts ch. 122, sec. 1. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(4). -- Amended 1970 Ky. Acts ch. 232, sec. 1. -- Amended 1968 Ky. Acts ch. 69, sec. 1. -- Amended 1956 Ky. Acts ch. 157, sec. 16. -- Created 1950 Ky. Acts ch. 125, sec. 20. Legislative Research Commission Note (10/3/90). Pursuant to KRS 7.136(1), KRS 625.108 has been substituted for the prior reference to KRS 625.100(4) in subsection (1) of this statute. KRS 625.100(4) was deleted by 1988 Ky. Acts ch. 350, sec. 76, and the substance of its provisions reenacted in 1988 Ky. Acts ch. 350, sec. 78 which was codified at KRS 625.108.

KRS 199.572 Inspection of adoption records -- Limitations

199.572. Inspection of adoption records -- Limitations (1) (a) At the time the biological parents give up the child for adoption, they shall be asked by the cabinet whether they consent to the inspection of the adoption records by an adult person described in subsection (3) of this section, to personal contact by the child when he or she becomes an adult, or to both. If consent is given at that time, it can later be revoked. If consent is withheld at that time, the biological parents may give consent at any later time. (b) The initial written statement of consent or r efusal of consent to inspection of records or personal contact shall be filed with the Circuit Court not later than the date of finalization of the adoption proceedings. When a written consent is on file, the records shall be available to an adult person d escribed in subsection (3) of this section, upon his or her request therefor in writing. (2) When any adult adopted person applies in person or in writing to the Circuit Court for authorization to inspect all papers and records pertaining to the adoption proceedings of that adult adopted person as provided in KRS 199.570(1), the court shall, if satisfied as to the identity of the adult adopted person, authorize the adult adopted person to inspect the papers and records. (3) When any adult person who is the child, grandchild, or sibling of a deceased biological parent who gave a child up for adoption under this chapter, or who is the child, grandchild, or sibling of a deceased adoptee who was given up for adoption under this chapter, applies in person or in w riting to the Circuit Court for authorization to inspect all papers and records pertaining to the adoption proceedings of that deceased biological parent or deceased adoptee who was part of an adoption proceeding in accordance with KRS 199.570, the court m ay, if satisfied as to the identity of the adult person and that each biological parent who gave a child up for the adoption listed in the petition is deceased or has given consent to the inspection pursuant to this section, authorize the adult person to i nspect the papers and records. (4) (a) The Circuit Court shall, within seven (7) working days of the receipt of the request, direct the secretary of the cabinet to notify each biological parent identified on the adult adopted person's original birth certif icate that the adult adopted person or other adult person described in subsection (3) of this section has applied to the court for information identifying the biological parent. Within six (6) months of receiving the notice of the request, the secretary of the cabinet shall make complete and reasonable efforts to notify each biological parent identified on the adult adopted person's original birth certificate. (b) The secretary may charge a reasonable fee not to exceed two hundred fifty dollars ($250) for making this search. Every child -caring facility and child- placing agency in the Commonwealth shall cooperate with the secretary in his or her efforts to notify these biological parents. (5) If the cabinet utilizes the services of another person or entity t o perform a search under subsection (4) of this section, the cabinet shall enter into a formal contract with that person or entity. A person or entity contracted to perform a search shall be licensed under the provisions of KRS Chapter 329A. (6) The notification of the biological parents shall not be by mail and shall be by personal and confidential contact by the cabinet. The notification shall be done without disclosing the identity of the adult adopted person or other adult person described in subsection (3) of this section. The personal and confidential contact with the biological parents shall be evidenced by filing with the Circuit Court an affidavit of notification executed by the person who notified each parent and certifying each parent was given the following information: (a) The nature of the information requested; (b) The date of the request; (c) The right of the biological parent to file, within sixty (60) days of receipt of the notice, an affidavit with the Circuit Court stating that an adult person described in subsection (3) of this section shall be authorized to inspect all papers and records pertaining to the adoption proceedings; (d) The right of the biological parent to file at any time an affidavit authorizing an adult person described in subsection (3) of this section to inspect all papers and records pertaining to the adoption proceedings; and (e) The right of a biological parent to file an affidavit with the Circuit Court stating that all papers and records pertaining to the adoption proceedings shall not be open for inspection by an adult person described in subsection (3) of this section. (7) If after diligent and reasonable effort, the secretary of the cabinet certifies that both biological parents identified in the original birth certificate are deceased or the secretary is unable to locate said parents, then a judge of the Circuit Court, upon motion of an adult person described in subsection (3) of this section, may order that all papers and records of the cabinet and those of the Circuit Court pertaining to the adoption shall be open for inspection to that person. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 43, sec. 1, effective July 15, 2024. -- Amended 2005 Ky. Acts ch. 99, sec. 183, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 186, sec. 9, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 426, sec. 146, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 43, sec. 4, effective July 15, 1986.

KRS 199.575 Procedure whereby adopted person may seek to locate preadoptive sibling

199.575. Procedure whereby adopted person may seek to locate preadoptive sibling In situations where a preadoptive brother or sister relationship existed, and one (1) or more of these siblings was then adopted, the following procedures shall be followed on an inquiry by one (1) or more of the siblings to the Cabinet for Health and Family Services seeking information about his brother or sister: (1) In all cases, an adopted person eighteen (18) years of age or older or a preadoptive sibling eighteen (18) years of age or older of an adopted person may file information concerning himself, his present location, and his known antecedents with the Cabinet for Health and Family Services, stating his interest in being reunited with his preadoptive siblings and authorizing the cabinet to release such information to his preadoptive siblings who may make similar inquiry. (2) In any case in which a person eighteen (18) years of age or older requests information about or expresses a desire in being reunited with a preadoptive sibling, the cabinet shall first determine whether such sibling has made similar inquiry pursuant to subsection (1) of this section. If the sibling has previously authorized release of information about himself, the cabinet shall release the information to the sibling making inquiry. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 184, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 147, effective July 15, 1998. -- Created 1982 Ky. Acts ch. 365, sec. 1, effective July 15, 1982.

KRS 199.585 Recognition of foreign adoptions -- Registration in Commonwealth -- When KRS 199.470 petition required

199.585. Recognition of foreign adoptions -- Registration in Commonwealth -- When KRS 199.470 petition required (1) The Commonwealth of Kentucky shall recognize a decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country when the child to be adopted has been approved for United States citizenship, or as otherwise provided by federal law. (2) Upon presentation of an original decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country, the secretary or his or her designee shall issue, within thirty (30) days, a certified notice that the foreign adoption is registered in the Commonwealth of Kentucky. The secretary or his or her designee may require a translated copy if the original decree, judgment, or final order is not in English. The cabinet shall maintain all records and notices of foreign adoptions in a manner similar to other adoption records. (3) A petition for adoption under KRS 199.470 shall be required for a child born outside the United States without a decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country, or for any child born outside of the United States who does not qualify for United States citizenship upon entry into the United States. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 68, ch. 1, effective June 20, 2005; and ch. 175, sec. 4, effective June 20, 2005. Legislative Research Commission Note (5/20/2005). This new section of the Kentucky Revised Statutes was enacted by both 2005 Ky. Acts chs. 68 and 175.

KRS 199.590 Prohibited acts and practices in adoption of children -- Expenses paid by prospective adoptive parents to be submitted to court

199.590. Prohibited acts and practices in adoption of children -- Expenses paid by prospective adoptive parents to be submitted to court (1) A person, corporation, or association shall not advertise in any manner that it will receive children for the purpose of adoption. A newspaper published in the Commonwealth of Kentucky or any other publication which is prepared, sold, or distributed in the Commonwealth of Kentucky shall not contain an advertisement which solicits children for adoption or solicits the custody of children. (2) A person, agency, institution, or intermediary shall not sell or purchase or procure for sale or purchase any child for the purpose of adoption or any other purpose, including termination of parental rights. This section shall not prohibit a child- placing agency from charging a fee for adoption services. This section shall not be construed to prohibit in vitro fertilization. For purposes of this section, "in vitro fertilization" means the process by which an egg is removed from a woman, and fertilized in a receptacle by the sperm of the husband of the woman in whose womb the fertilized egg will thereafter be implanted. (3) No person, association, or organization, other than the cabinet or a child-placing institution or agency shall place a child or act as intermediary in the placement of a child for adoption or otherwise, except in the home of a stepparent, grandparent, sister, brother, aunt, or uncle, or upon written approval of the secretary. This subsection shall not be construed to limit the Cabinet for Health and Family Services in carrying out its public assistance under Title IV-A of the Federal Social Security Act program in accordance with KRS Chapter 205. This section shall not be construed to prohibit private independent adoption or the right to seek legal services relating to a private independent adoption. (4) A person, agency, institution, or intermediary shall not be a party to a contract or agreement which would compensate a woman for her artificial insemination and subsequent termination of parental rights to a child born as a result of that artificial insemination. A person, agency, institution, or intermediary shall not receive compensation for the facilitation of contracts or agreements as proscribed by this subsection. Contracts or agreements entered into in violation of this subsection shall be void. (5) A person, organization, group, agency, or any legal entity, except a child-placing agency, shall not accept any fee for bringing the adoptive parents together with the child to be adopted or the biological parents of the child to be adopted. This section shall not interfere with the legitimate practice of law by an attorney. (6) (a) In every adoption proceeding, the expenses paid, including but not limited to any fees for legal services, placement services, and expenses of the biological parent or parents, by the prospective adoptive parents for any purpose related to the adoption shall be submitted to the court, supported by an affidavit, setting forth in detail a listing of expenses for the court's approval or modification. (b) In the event the court modifies the expense request as it relates to legal fees and legal expenses only, the attorney for the adoptive parents shall not have any claim against the adoptive parents for the amount not approved. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 185, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 148, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 12, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 52, sec. 1, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 119, sec. 1, effective July 13, 1984. -- Created 1950 Ky. Acts ch. 125, sec. 22.

KRS 199.595 Legislative finding and purpose

199.595. Legislative finding and purpose (1) The General Assembly finds that: (a) Finding adoptive families for children, for whom state assistance is desirable pursuant to KRS 199.555, and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state; and (b) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states. (2) The purposes of KRS 199.5951 to 199.5955 are to: (a) Authorize the Cabinet for Health and Family Services to enter into interstate agreements with agencies of other states for protection of children on behalf of whom adoption assistance is being provided by the Cabinet for Health and Family Services; and (b) Provide procedures for interstate children's adoption assistance payments, including medical payments. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 186, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 149, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 80, sec. 1, effective July 15, 1986.

KRS 199.640 Licensing of child-caring and child-placing agencies or facilities -- License fees -- Standards -- Recordkeeping and reporting -- Use of corporal punishment -- Prohibition against hiring convicted sex offender -- Confidentiality of records

199.640. Licensing of child-caring and child-placing agencies or facilities -- License fees -- Standards -- Recordkeeping and reporting -- Use of corporal punishment -- Prohibition against hiring convicted sex offender -- Confidentiality of records (1) Any facility or agency seeking to conduct, operate, or maintain any child-caring facility or child-placing agency shall first obtain a license to conduct, operate, or maintain the facility or agency from the cabinet. (2) The cabinet shall: (a) Develop standards, as provided in subsection (5) of this section, which must be met by any facility or agency seeking to be licensed to conduct, operate, or maintain a child-caring facility or child-placing agency; (b) Issue licenses to any facility or agency found to meet established standards and revoke or suspend a license after a hearing in any case that a facility or agency holding a license is determined to have substantially failed to conform to the requirements of the standards; (c) Establish and follow procedures designed to ensure that any facility or agency licensed to conduct, operate, or maintain a child-caring facility or child- placing agency complies with the requirements of the standards on an ongoing basis. (3) Licenses shall be issued for a period of one (1) year from date of issue unless revoked by the cabinet. Each licensed facility or agency shall be visited and inspected at least one (1) time each year by a person authorized by the cabinet and meeting specific qualifications established by the secretary of the cabinet in an administrative regulation. A complete report of the visit and inspection shall be filed with the cabinet. (4) Each license issued shall specify the type of care or service the licensee is authorized to perform. The cabinet may promulgate administrative regulations to establish fees that shall not exceed costs of the program to the cabinet, for the proper administration of licensure. The fees collected by the secretary shall be deposited in the State Treasury and credited to a revolving fund account for the purpose of carrying out the provisions of this section. The balance of said account shall lapse to the general fund at the end of each biennium. (5) (a) The secretary shall promulgate administrative regulations establishing basic standards of care and service for child-caring facilities and child-placing agencies relating to the health and safety of all children in the care of the facility or agency, the basic components for a quality program, as referenced below, and any other factors as may be necessary to promote the welfare of children cared for or placed by the agencies and facilities. Standards established may vary depending on the capacity of the agency or facility seeking licensure. These administrative regulations shall establish standards that ensure that: 1. The treatment program offered by the facility or agency is directed toward child safety, improved child functioning, improved family functioning, and continuity and permanence for the child; 2. The facility or agency has on staff, or has contracted with, individuals who are qualified to meet the treatment needs of the children being served, including their psychological and psychiatric needs; 3. The facility or agency has procedures in place to ensure that its staff receives ongoing training and that all staff members who are required to do so meet all regional and national standards; 4. The facility or agency develops an integrated, outcomes-based treatment plan that meets the health, mental health, education, safety, and security needs of each child in its care; 5. The facility or agency has procedures in place to include parents, family, and other caregivers in a child's treatment program; 6. The facility or agency has procedures in place whereby it evaluates its programs on a quarterly basis and documents changes in the program if the results of the review indicate a change is needed; 7. The facility or agency makes available quality programs for substance abuse prevention and treatment with providers licensed under KRS Chapter 222 as part of its treatment services; 8. The facility or agency initiates discharge planning at admission and provides sufficient aftercare; and 9. The facility or agency has written policies and procedures in place that outline the structure and objectives of cooperative relationships with the community within which it is located and the local school district, including outreach activities to be undertaken by the facility or agency to both develop and maintain those cooperative relationships. (b) The secretary shall promulgate administrative regulations establishing recordkeeping and reporting requirements and standards for licensed agencies and facilities that recognize the electronic storage and retrieval of information for those facilities that possess the necessary technology and that include, at a minimum, the following information relating to children in the care of the agency or facility: 1. The name, age, social security number, county of origin, and all former residences of the child; 2. The names, residences, and occupations, if available, of the child's parents; 3. The date on which the child was received by the agency or facility; the date on which the child was placed in a foster home or made available for adoption; and the name, occupation, and residence of any person with whom a child is placed; and 4. A brief and continuing written narrative history of each child covering the period during which the child is in the care of the agency or facility. (c) The secretary may promulgate administrative regulations creating separate licensure standards for different types of facilities. (d) The secretary shall promulgate administrative regulations to establish practices and procedures for the inspection of child-caring facilities and child- placing agencies. These administrative regulations shall establish a uniform reporting mechanism that includes guidelines for enforcement. (6) Any administrative regulations promulgated pursuant to KRS Chapter 13A to govern services provided by church-related privately operated child-caring agencies or facilities shall not prohibit the use of reasonable corporal physical discipline which complies with the provisions of KRS 503.110(1), including the use of spanking or paddling, as a means of punishment, discipline, or behavior modification and shall prohibit the employment of persons convicted of any sexual offense with any child-caring facility or child-placing agency. (7) All records regarding children or facts learned about children and their parents and relatives by any licensed agency or facility shall be deemed confidential in the same manner and subject to the same provisions as similar records of the cabinet. The information thus obtained shall not be published or be open for public inspection, except to authorized employees of: (a) The cabinet or of such licensed agency or facility in performance of their duties; and (b) A school or local school district in which a child is enrolling or currently enrolled, in order to identify and serve the educational needs of the child, in accordance with KRS 199.802. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 64, sec. 3, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 136, sec. 4, effective July 1, 2019. -- Amended 2005 Ky. Acts ch. 99, sec. 45, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 524, sec. 1, effective July 15, 1998; and ch 527, sec. 2, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 239, sec. 2, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 247, sec. 4, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 314, sec. 4, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Amended 1972 Ky. Acts ch. 153, sec. 2. -- Created 1950 Ky. Acts ch. 125, sec. 27.

KRS 199.641 Definitions -- Payments to child-caring facility or child-placing agency

199.641. Definitions -- Payments to child-caring facility or child-placing agency (1) As used in this section, unless the context otherwise requires: (a) "Allowable costs report" means a report from each child-caring facility or child-placing agency that contracts with the department for services and includes all allowable costs as defined by the Federal Office of Management and Budget's guidance, including Title 2 of the Code of Federal Regulations, and other information the department may require, utilizing cost data from each child-caring facility's or child-placing agency's most recent yearly audited financial statement; (b) "Department" means the Department for Community Based Services of the Cabinet for Health and Family Services; (c) "Model program cost analysis" means a report based on a time study, the allowable costs report, and other information required by the department from each child-caring facility or child-placing agency that contracts with the department for services that determines a statewide median cost for each licensed program category of service provided by child-caring facilities or child-placing agencies; and (d) "Time study" means the process of reporting the work performed by employees of child-caring facilities or child-placing agencies in specified time periods. (2) Subject to the limitations set forth in subsection (4) of this section, when the department chooses to contract with a child-caring facility or child-placing agency for services to a child in the custody of or committed to the department, the department shall make payments to that facility based on the rate setting methodology developed from the model program cost analysis. The department shall also assure that the methodology: (a) Provides payment incentives for moving children as quickly as possible to a permanent, continuous, stable environment; (b) Provides children who require out-of-home care or alternative treatment with placements that are as close as possible to their home geographic area and ensure continuity with their families, schools, faiths, and communities; (c) Provides appropriate placement and treatment services that effectively and efficiently meet the needs of the child and the child's family as close as possible to the child's home geographic area; and (d) Facilitates provider participation in the state Medicaid program established in accordance with KRS Chapter 205. (3) The department shall use the model program cost analysis as a basis for cost estimates for the development of the department's biennial budget request. (4) The secretary shall, to the extent funds are appropriated, establish and implement the rate setting methodology and rate of payment by promulgation of administrative regulations in accordance with KRS Chapter 13A that are consistent with the level and quality of service provided by child-caring facilities. The administrative regulations shall also include the forms and formats for the model program cost analysis. (5) Nothing in this section shall prohibit the department from soliciting proposals to improve or expand alternative services for children in the custody of or committed to the cabinet. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 5, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 99, sec. 190, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 21, effective July 14, 2000; and ch. 307, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 153, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 297, sec. 1, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 239, sec. 1, effective July 15, 1988. Legislative Research Commission Note (7/14/2000). This section was amended by 2000 Ky. Acts chs. 14 and 307. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 307, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 199.642 Staff members of child-caring facilities must submit to background checks in accordance with federal law and regulations -- Administrative regulations

199.642. Staff members of child-caring facilities must submit to background checks in accordance with federal law and regulations -- Administrative regulations (1) As used in this section, "staff member" means: (a) An individual who is employed by a child-caring facility or child-placing agency for compensation; (b) A contract employee or a self-employed individual whose employment directly involves the care or supervision of children or unsupervised access to children placed with the child-caring facility or child-placing agency; or (c) A volunteer or intern whose activities on behalf of a child-caring facility or child-placing agency involve the care or supervision of children or unsupervised access to children. (2) The cabinet shall require a staff member of a child-caring facility or child-placing agency to submit to background checks in accordance with 42 U.S.C. sec. 671(a)(20)(D) and the implementing federal rules, including national and state fingerprint-supported criminal background checks by the Department of Kentucky State Police and the Federal Bureau of Investigation. (3) The child-caring facility or child-placing agency staff member shall provide the staff member's fingerprints to the Department of Kentucky State Police for submission to the Federal Bureau of Investigation after a state criminal background check is conducted. (4) The results of the national and state criminal background checks shall be sent to the cabinet. (5) The cabinet shall provide notice to a child-caring facility or child-placing agency if a staff member is eligible for employment not to exceed seven (7) business days after the date the staff member submitted fingerprints through a means approved by the cabinet to the Department of Kentucky State Police. The cabinet shall reissue notice of the staff member’s eligibility for employment subsequent to the cabinet’s receipt of additional information about the staff member, including a result from the rap back. (6) The cabinet may register a child-caring facility or child-placing agency staff member in the rap back system. (7) The request for background checks shall be in a manner approved by the Justice and Public Safety Cabinet, and the Cabinet for Health and Family Services may charge a fee to be paid by a child-caring facility or child-placing agency not to exceed the actual cost of processing the request. (8) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. (9) The requirements of this section shall apply to a child-placing agency only if a background check required under subsection (2) of this section can be accomplished electronically, pursuant to KRS 17.185. Effective: July 15, 2020 History: Repealed and reenacted 2020 Ky. Acts ch. 53, sec. 2, effective July 15, 2020. - - Created 2019 Ky. Acts ch. 33, sec. 1, effective March 19, 2019. Formerly codified as 199.8966

KRS 199.645 Administrative regulations for facilities and agencies caring for children before adjudication under KRS Chapter 630

199.645. Administrative regulations for facilities and agencies caring for children before adjudication under KRS Chapter 630 The Cabinet for Health and Family Services shall issue and enforce administrative regulations specifically addressing the unique situation of child-caring facilities and child- placing agencies which provide nonsecure care for children during the preadjudication phase of proceedings under KRS Chapter 630. These facilities and agencies shall include those operated privately and those operated by units of local government. These administrative regulations shall include standards relating to the following: (1) Administration; (2) Personnel; (3) Training and staff development; (4) Recordkeeping; (5) Physical plant; (6) Security and control; (7) Safety and emergency procedures; (8) Sanitation and hygiene; (9) Medical services; (10) Food services; (11) Intake and classification; (12) Programs and services; (13) Resident rights; (14) Rules and discipline; (15) Admission procedures; (16) Communication, including mail, visitation and telephone; (17) Release preparation and transfer programs; and (18) Volunteer involvement. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 191, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 154, effective July 15, 1998; and ch. 538, sec. 3, effective April 13, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 139, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 183, effective July 1, 1987.

KRS 199.650 Authorized activities of child-caring facilities or child-placing agencies -- Child-caring facility to designate on-site official to apply reasonable and prudent parent standard

199.650. Authorized activities of child-caring facilities or child-placing agencies -- Child-caring facility to designate on-site official to apply reasonable and prudent parent standard (1) Any licensed child-caring facility or child-placing agency may contract to provide care, maintenance, and services for a child in accordance with the terms of its license. (2) Any licensed child-caring facility or child-placing agency may receive children committed to its custody and provide care and services for the child until the child is discharged from custody pursuant to law. (3) Each licensed child-caring facility shall designate an on-site official who is trained and authorized to apply the reasonable and prudent parent standard as defined in KRS 199.011 in accordance with 42 U.S.C. sec. 671. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 115, sec. 2, effective July 15, 2016. -- Amended 1972 Ky. Acts ch. 153, sec. 3. -- Created 1950 Ky. Acts ch. 125, sec. 28.

KRS 199.660 Authorized activities of child-placing agencies -- Registry of closed foster family homes -- Restrictions on approvals of or placements in foster family homes -- Collaboration to promote educational stability

199.660. Authorized activities of child-placing agencies -- Registry of closed foster family homes -- Restrictions on approvals of or placements in foster family homes -- Collaboration to promote educational stability (1) A licensed child-placing agency may place children in any licensed child-caring facility, including institutions and group homes, or in foster family homes under its direct supervision, in a facility certified by an appropriate agency as operated primarily for educational or medical purposes, or may place children for adoption if specifically authorized by its license to do so. The child-placing agency shall provide careful supervision of all children under its care and of children placed by it in child-caring facilities or foster family homes, and its agents shall visit such facilities or foster family homes as often as may be necessary to promote the welfare of the children. (2) (a) A licensed child-placing agency shall notify the department within fourteen (14) calendar days of the closure of a foster family home under its supervision for any reason, and shall state the reason for the closure. (b) The department shall maintain a foster family home registry where this closure information, and closure information for all foster family homes closed by the cabinet, are stored. (c) 1. A licensed child-placing agency shall not approve a foster family home, and shall not place a child into any foster family home, until the child- placing agency first requests information from the department to determine if the prospective foster family home is listed in the registry, if the foster family home has ever been closed, and the reason for closure. 2. A licensed child-placing agency shall not approve a foster family home, and shall not place a child into a foster family home, which has been closed for cause by any other licensed child-placing agency or by the cabinet unless the foster family home has been successfully and continually operating as a cabinet foster family home for one (1) year after it was closed for cause by a licensed child-placing agency. 3. A licensed child-placing agency shall not approve a foster family home, and shall not place a child into a foster family home, which is under corrective action by any other licensed child-placing agency or by the cabinet at time of the closure unless: a. The foster family home provides all information on the corrective action to the licensed child-placing agency; b. The licensed child-placing agency fully addresses the foster family home's corrective action in the foster family's home study narrative; and c. The department reviews and approves the foster family's home study. (3) Licensed child-caring facilities and child-placing agencies shall collaborate with local school districts to promote educational stability for children under their care in accordance with KRS 199.802, and shall work to ensure that foster family homes under a child-placing agency's supervision understand and actively support the educational needs of the children placed in their care through training, support, and supervision of the home by the child-placing agency. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 64, sec. 4, effective July 15, 2020. -- Amended 1972 Ky. Acts ch. 153, sec. 4. -- Created 1950 Ky. Acts ch. 125, sec. 29.

KRS 199.665 Performance-based contracting for child-caring facilities and child-placing agencies -- Study group -- Implementation -- Administrative regulations

199.665. Performance-based contracting for child-caring facilities and child-placing agencies -- Study group -- Implementation -- Administrative regulations (1) As used in this section, unless the context otherwise requires; (a) "Cabinet" means the Cabinet for Health and Family Services; (b) "Performance-based contracting" means an approach that stresses permanency outcomes for children and utilizes a payment structure that reinforces provider agencies' efforts to offer services that improve the outco mes for children; and (c) "Secretary" means the secretary of the Cabinet for Health and Family Services. (2) The secretary shall designate a study group to make recommendations regarding the creation and implementation of performance -based contracting for licensed child- caring facilities and child -placing agencies in the Commonwealth. (3) The study group shall be composed of the following members: (a) The secretary; (b) The commissioner for the Department for Community Based Services; (c) The director of the Administrative Office of the Courts, or designee; (d) The executive director of the Governor's Office of Early Childhood, or designee; (e) One (1) adult who was a former foster child in the Commonwealth; (f) One (1) adult who is a current or former foster parent in the Commonwealth; (g) Two (2) employees of a licensed child-placing agency; (h) Two (2) employees of a licensed child-caring facility; and (i) Any personnel within the Department for Community Based Services that the secretary deems necessary. (4) In its deliberations, the study group shall include but not be limited to analysis of improved timeliness and likelihood of permanency su ch as reunification, adoption, or guardianship; fewer moves for children in foster care; and reduced instances of reentry into care. (5) The study group shall report its recommendations by December 1, 2018. The study group shall cease to operate after the delivery of the recommendations required by this subsection. (6) By July 1, 2019, the cabinet shall: (a) Establish and implement performance -based contracting for licensed child - caring facilities and child-placing agencies that contract with the department for services; and (b) Apply and implement all standards, processes, and procedures established for performance-based contracting for licensed child -caring facilities and child- placing agencies in accordance with paragraph (a) of this subsection to all other cabinet-operated programs that are like those operated by child -caring facilities and child-placing agencies. (7) The cabinet shall promulgate administrative regulations to implement this section. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 7, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 211, sec. 24, effective January 1, 2023; and ch. 223, sec. 8, effective January 1, 2023. -- Created 2018 Ky. Acts ch. 159, sec. 9, effective July 14, 2018.

KRS 199.670 Denial, suspension, or revocation of license of child-caring facilities or child-placing agencies

199.670. Denial, suspension, or revocation of license of child-caring facilities or child-placing agencies (1) The cabinet may revoke or suspend a license issued under KRS 199.640 for any deficiency or condition which would have caused a denial of the license in the first instance. The cabinet may refuse to issue a license in any case where the applicant is not found to meet the standards established by the secretary in an administrative regulation promulgated in accordance with the provisions of KRS 199.640. (2) If the cabinet proposes to revoke or suspend, or to refuse to issue a license, written notice shall be given to the licensee or applicant, stating the proposed action and grounds for the action, and notifying the licensee or applicant that the license will be revoked, suspended, or refused unless the applicant or licensee makes a written request to engage in informal dispute resolution, in accordance with the provisions of subsection (4) of this section, or the applicant or licensee makes a written request to the cabinet within thirty (30) days of notice for a hearing before the Office of Administrative Hearings within the Department of Law. Notice shall be complete and effective upon mailing. If the cabinet proposes to deny the issuance or renewal of a license, notice of the proposed action shall be provided to the licensee or applicant no later than thirty (30) days after the application for licensure or renewal is received by the cabinet. (3) If a request for a hearing is made, the hearing shall be conducted in accordance with KRS Chapter 13B. If the cabinet has probable cause to believe that an immediate threat to the public health, safety, or welfare exists, the cabinet may take emergency action pursuant to KRS 13B.125. (4) (a) Upon receipt of a statement of deficiency from the cabinet, the applicant or licensee may request one (1) informal opportunity per survey to dispute any deficiencies with which it disagrees. The applicant or licensee shall make a written request to the cabinet for informal dispute resolution, which must be received by the cabinet within ten (10) days of the receipt of the statement of deficiency by the applicant or licensee. The request shall: 1. Specify the deficiencies in dispute; 2. Provide a detailed explanation of the basis for the dispute; 3. Include any supporting documentation, including any information that was not available at the time of the survey; and 4. If desired, request a face-to-face meeting with the regional program manager, or the manager's designee, and a surveyor who did not participate in the original survey or the decision to issue the disputed deficiency. (b) Upon receipt of a request for informal dispute resolution, the regional program manager, or the manager's designee, and a child-caring surveyor who did not participate in the original survey or the decision to issue the disputed deficiency shall, within thirty (30) days of receipt of the request, review the specific deficiencies in dispute and notify the applicant or licensee in writing of the results of the review. If a face-to-face meeting was requested by the applicant or licensee, the meeting shall be held, and no decision shall be made regarding the disputed deficiencies until after the face-to-face meeting has occurred. 1. If materials submitted by the applicant or licensee by mail or at the face- to-face meeting demonstrate that specific deficiencies should not have been cited, those deficiencies will be removed from the statement of deficiencies and any enforcement actions imposed solely as a result of those cited deficiencies will be rescinded. 2. If, after review of the disputed deficiencies, the regional office staff affirms the deficiencies, the licensee or applicant may accept the findings of the regional office staff and make any corrections required by the cabinet, or may, within thirty (30) days of receipt of the notice, request in writing a meeting with the secretary or the secretary's designee. The secretary may designate an individual who holds the position of director or above to serve as the designee. 3. The secretary or the secretary's designee shall meet in person with the licensee or applicant and review the documentation available within fifteen (15) days of receipt of the request. 4. If the information provided demonstrates that specific deficiencies should not have been cited, those deficiencies will be removed from the statement of deficiencies and any enforcement actions imposed solely as a result of those cited deficiencies will be rescinded. 5. If the secretary or the secretary's designee affirms the deficiencies, the secretary or the secretary's designee shall, within fifteen (15) days issue a final written order stating the cabinet's final position regarding the deficiencies in dispute. The decision of the secretary or the secretary's designee shall be a final order for purposes of subsection (5) of this section. (c) A request for informal dispute resolution shall not delay the required submission of a plan of correction for any deficiency not in dispute. Any corrective plan of action or similar submission required by the cabinet relating to any deficiency in dispute shall be suspended until a decision is rendered and a corrective plan of action is agreed to within the informal dispute resolution process or the secretary or the secretary's designee issues a final order. (5) Any final order may be reviewed in the Circuit Court of the county in which the child-caring facility or child-placing agency is located in accordance with KRS Chapter 13B. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 31, effective July 1, 2025. -- Amended 1998 Ky. Acts ch. 527, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 89, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 114, sec. 37, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21); and ch. 315, sec. 26. -- Amended 1972 Ky. Acts ch. 153, sec. 5. -- Created 1950 Ky. Acts ch. 125, sec. 30.

KRS 199.680 Nonreimbursement of out-of-state providers of residential care for children -- Exception -- Administrative regulations

199.680. Nonreimbursement of out-of-state providers of residential care for children -- Exception -- Administrative regulations (1) The Department for Community Based Services and the Department for Medicaid Services shall not reimburse an out-of-state provider of residential care for children whose care is paid by state general funds or state administered federal funds unless the Department for Medicaid Services or the Department for Community Based Services or a designated agent thereof has determined that there is no provider within the Commonwealth that is capable and willing to provide comparable services at a comparable cost per child to those that would be delivered by the out- of-state provider. An exception may be made if: (a) The identified in-state resource is farther away from the child's parent or guardian than a similar out-of-state resource; or (b) The services offered by the out-of-state resource is deemed by either department or a designated agent thereof to be more appropriate for the individual child than the services offered by the in-state provider. (2) Prior to promulgating administrative regulations governing the determination of the availability of providers of residential care within the Commonwealth, the Department for Medicaid Services and the Department for Community Based Services shall establish uniform conditions, requirements, and exceptions for the determination of the availability of providers of residential care within the Commonwealth. (3) Each department shall promulgate an administrative regulation in accordance with KRS Chapter 13A that contains the uniform conditions, requirements, and exceptions for the determination of the availability of providers of residential care within the Commonwealth established under subsection (2) of this section. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 14, sec. 22, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 527, sec. 4, effective July 15, 1998.

KRS 199.800 Definitions for KRS 199.800 to 199.801

199.800. Definitions for KRS 199.800 to 199.801 For the purposes of KRS 199.800 to 199.801: (1) "Department" means the Department for Community Based Services; (2) "Home county" means the county in which the child's natural parents, adoptive parents, or guardian reside. If the parents are divorced, the home county is the county of residence of the parent with legal custody. If the child is committed, the home county is the county of original commitment or case responsibility; (3) "Home region" means the Department for Community Based Services region in which the child's home county is located; (4) "Type of placement" means the living arrangement, including family foster home, child-caring facility, or other residential alternative that is deemed appropriate for a child as determined by the department; and (5) "Unmet need" means the type of facility or placement needed to serve the child's needs which is unavailable at the time placement is being sought for the child. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 6, effective July 14, 2018. -- Amended 2000 Ky. Acts ch. 14, sec. 23, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 395, sec. 3, effective July 15, 1998.

KRS 199.801 Procedure for placement of children who are in custody of department -- State-level and regional placement coordinators -- Type of placement -- Cases of unmet need -- Recruitment and reporting

199.801. Procedure for placement of children who are in custody of department -- State-level and regional placement coordinators -- Type of placement -- Cases of unmet need -- Recruitment and reporting (1) The department shall establish a procedu re throughout the state that is designed to determine and expedite the placement of children who are in the custody of or committed to the department. The procedure shall utilize state -level and regional placement coordinators who may be state employees or employees of a contracted entity. (2) The type of placement selected for a child in the custody of or committed to the department shall be the best alternative for the child that is in closest proximity to the child's home county, including considerations of the child's current early care and education provider or school, in order to promote educational stability for the child to the extent practicable in accordance with KRS 199.802 and the federal Every Student Succeeds Act of 2015, Pub. L. No. 114 -95. (3) If the type of placement that best suits the child's needs is not available in the child's home county, the regional placement coordinator shall document the circumstance as an unmet need and may seek a placement in surrounding counties, regions, and the state, in that order. (4) If the type of placement that best suits the child's needs is not available within the state, the regional placement coordinator shall contact the commissioner of the department or the commissioner's designee to explore out -of-state placement. (5) The department shall develop a diligent recruitment plan and reporting to support the recruitment and retention of family foster homes that are responsive to the needs of children in care, areas of unmet need, and strategies to meet the need. The plan and reporting shall be used as a guide in the establishment and modification of agreements with placements for the care of children in the custody of or committed to the cabinet and shall be made available upon request. (6) The department shall ensure that placement provisions exist to ensure that: (a) Safe and adequate foster care placements designed to meet the individual needs of all children, including in prevention, safety, ongoing, and adoptive services are occurring; and (b) Placements are the least restrictive, most family-like setting consistent with the child's specific individual needs. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 2, effective July 15, 2026. -- Amended 2020 Ky. Acts ch. 64, sec. 5, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 159, sec. 7, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 99, sec. 46, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 60, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 395, sec. 4, effective July 15, 1998.

KRS 199.802 Consideration of best interest of child in placing child within same or different school district -- Transportation to be provided as needed -- Timely record and information sharing -- Confidentiality of information

199.802. Consideration of best interest of child in placing child within same or different school district -- Transportation to be provided as needed -- Timely record and information sharing -- Confidentiality of information (1) As used in this section: (a) "Best interest of the child" means the determination regarding the enrollment of a child made when considering all factors relating to the best interest of a child, as outlined in 20 U.S.C. secs. 6301 et seq., including but not limited to: 1. The benefits to the child of maintaining educational stability; 2. The appropriateness of the current educational setting; 3. The child's attachment and meaningful relationships with staff and peers at the current educational setting; 4. The influence of the school's climate on the child; 5. The safety of the child; and 6. The proximity of the placement to the school of origin, and how the length of a commute would impact the child; (b) "Child" means any person who has not reached his or her eighteenth birthday, unless otherwise provided, that is in the care of the department; (c) "Educational stability" means the maintenance of the enrollment of a child in a particular school upon a transition to a different placement or living arrangement when such maintenance is in the best interest of the child, and if not, the enrollment of the child in a new school in a time and manner that ensures the child experiences a minimal lapse in school attendance; and (d) "School of origin" means the public school in which the child was enrolled immediately prior to placement. (2) In determining the placement of a child under KRS 199.801, the department shall, if practicable, locate a placement within the same school district where the child was most recently enrolled to allow the child to remain enrolled in the school of origin. (3) (a) The department, in consultation with the local education agency, shall make the determination on whether the child shall remain enrolled in the school of origin based on the best interest of the child, weighing the promotion of educational stability as a primary factor. (b) In accordance with 20 U.S.C. secs. 6301 et seq., the cost of transportation shall not be a factor in determining the best interest of a child for an enrollment decision. (4) If the department finds it is in the best interest of a child to remain in the school of origin upon placement of the child in a new school district, reasonable transportation shall be offered from the location of placement to the school of origin in which the child is enrolled for any regularly scheduled school day. In accordance with 20 U.S.C. secs. 6301 et seq., costs incurred by a school district, foster parent, child-placing agency, or child-caring facility for transportation to the school shall be reimbursed by the department upon request. (5) Upon the determination that changing a child's school of enrollment is in the best interest of the child: (a) The department, any applicable child-caring facility, child-placing agency, school, and local school district, and the child's state agency caseworker shall collaborate to ensure the immediate and appropriate enrollment of the child; (b) 1. The child's state agency caseworker shall immediately contact the receiving district to inform the district of the pending enrollment changes. 2. The child's state agency caseworker or child-caring facility or child- placing agency case manager shall either accompany the child and the foster parent to the new school to enroll the child or contact applicable staff at the new school via telephone during the day of enrollment, to assist with the enrollment, to share information relating to the child's unique needs and prior experiences that may impact their education, and to identify and prevent disruptions in any instructional or support services that the child may have been receiving prior to that time, including but not limited to medical and behavioral health history and individual service plans; (c) In accordance with 20 U.S.C. secs. 6301 et seq., the new school shall immediately enroll the child, even if the child is unable to produce records required for enrollment, including but not limited to: 1. Academic records; 2. Medical records; and 3. Proof of residency; (d) The new school shall immediately request the records of the child from the child's previous school; (e) The previous school shall provide the new school: 1. Notwithstanding KRS 159.170, all records within the student information system maintained by the Kentucky Department of Education regarding the child by the end of the working day on the day of receipt of a request made under this subsection. If a record provided to the new school is incomplete, the previous school shall provide the completed record within three (3) working days of the original request; and 2. In accordance with KRS 159.170, all remaining records regarding the child within ten (10) working days of receipt of a request made under this subsection; (f) In accordance with 20 U.S.C. sec. 1232g, the department responsible for the child, and the child's state agency caseworker, or child-caring facility or child- placing agency case manager shall be granted access to all educational records on a confidential basis in order to facilitate the proper transfer, enrollment, and educational placement of the child; (g) In accordance with KRS 158.140(1), promotions or credits earned in attendance in any approved public school shall be accepted as valid at the new school; (h) The department, child-caring facilities, child-placing agencies, child's state agency caseworkers, school districts, and foster parents shall each collaborate with one another to ensure the educational stability of each child, and to assist one another with meeting the educational needs of each child in furtherance of the rights enumerated in KRS 620.363; and (i) 1. The department, child-caring facilities, child-placing agencies, and a child's state agency caseworker, may share information regarding a child and facts learned about a child and his or her unique needs and prior experiences, as necessary, with staff of the new school district in which the child is enrolling in order to identify and serve the educational needs of the child. 2. All information regarding a child or facts learned about a child by the department, any child-caring facility or child-placing agency licensed by the cabinet, or a child's state agency caseworker, and shared with staff of a school district pursuant to this section, shall be deemed confidential in the same manner and subject to the same provisions as similar records of the cabinet. The information thus obtained shall not be published or be open for public inspection, except to authorized employees of the school district in performance of their duties and to identify and serve the educational needs of the child. (6) The school district in which the child is enrolled upon his or her successful completion of all high school graduation requirements shall issue a diploma indicating graduation from high school to the child. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 64, sec. 6, effective July 15, 2020. -- Created 2018 Ky. Acts ch. 147, sec. 1, effective July 14, 2018. Legislative Research Commission Note (7/14/2018). 2018 Ky. Acts ch. 147, sec. 2 provides that this statute created in 2018 Ky. Acts ch. 147, sec. 1 may be cited as the Uninterrupted Scholars Act of Kentucky.

KRS 199.803 Limitation on purpose of release of child’s educational records

199.803. Limitation on purpose of release of child’s educational records In accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g, when a statute within this chapter refers to the release of educational records, the purpose of the release shall be limited to providing the department with the ability to effectively serve the needs of the child whose records are sought, and any educational records shall only be released to persons authorized by statute and shall not be released to any other person without the written consent of the parent of the child. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 64, sec. 2, effective July 15, 2020.

KRS 199.881 Legislative findings and declarations

199.881. Legislative findings and declarations The General Assembly finds and declares that the purpose of KRS 199.881 to 199.888 and 199.990(8) is to support Kentucky families by incentivizing employers to contribute to the child-care costs of its employees. In enacting this legislation, it is the intention of the General Assembly to enable the Cabinet for Health and Family Services to facilitate this public and private partnership program, herein known as the Employee Child Care Assistance Partnership, and administer program funds to achieve this purpose. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 88, sec. 2, effective July 15, 2024. -- Created 2022 Ky. Acts ch. 184, sec. 1, effective April 8, 2022. Legislative Research Commission Note (4/8/2022). KRS 199.881 to 199.888 was created in 2022 Ky. Acts ch. 184, secs. 1 to 8. Under Section 10 of that Act, the Act may be cited as the Employee Child Care Assistance Partnership.

KRS 199.882 Definitions for KRS 199.881 to 199.888

199.882. Definitions for KRS 199.881 to 199.888 As used in KRS 199.881 to 199.888: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Child-care provider" means a child-care provider that is rated pursuant to the quality-based graduated early care and education program rating system set forth in KRS 199.8943; (3) "Contribution" means a direct payment to a child-care provider made either directly by an employer or through a third party on behalf of the employer to subsidize an employee's eligible child-care costs; (4) "Eligible child-care costs" means costs to be incurred by an individual for services rendered by an eligible child-care provider; (5) "Employee" means an individual who works in Kentucky and is employed by an employer; (6) "Employer" means a nonprofit or for-profit entity with at least one (1) employee who works in Kentucky in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (7) "Fund" means the fund administered by the cabinet as described in KRS 199.885; (8) "Program" means the Employee Child Care Assistance Partnership; (9) "Small business" means a business with fewer than fifty (50) employees who are individually contracted to work more than thirty-five (35) hours per week; (10) "State match" means the money paid directly to the child-care provider by the cabinet or a third-party administrator from the fund described in KRS 199.885; (11) "State median household income" means the most recent estimate available of real median household income for the state, as determined by the United States Census Bureau, and adjusted for family size; and (12) "Third-party administrator" means a private entity contracted by the cabinet to administer the program. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 146, sec. 10, effective April 14, 2026. -- Created 2022 Ky. Acts ch. 184, sec. 2, effective April 8, 2022.

KRS 199.883 Employee Child Care Assistance Partnership Program -- Cabinet to regulate program -- Powers and duties of third-party administrator -- Publication of reports

199.883. Employee Child Care Assistance Partnership Program -- Cabinet to regulate program -- Powers and duties of third-party administrator -- Publication of reports (1) The Employee Child Care Assistance Partnership Program is hereby established under the cabinet. To administer the program, the cabinet may: (a) Delegate authority to a subsidiary department; and (b) Coordinate and share information with other executive branch agencies. (2) The cabinet shall oversee and regulate the program, and a pri vate entity contracted by the cabinet shall administer the program. (3) (a) By December 1, 2026, the cabinet shall enter into a contract with a private entity to administer the program as the third -party administrator. The cabinet may utilize administrative funding from the fund, in accordance with KRS 199.885, to carry out this contract. (b) To provide incentives for a third-party administrator to enroll more employers and employees in the program, the cabinet shall enter into an agreement in which a third-party administrator is allowed to retain a percentage of the employer contribution or state match, or some combination thereof, for each administered contract, as determined by the cabinet. The cabinet may offer additional incentives tied to specific perf ormance metrics. (c) The cabinet shall routinely audit any third-party administrator responsible for administering the program to ensure compliance with state laws and administrative regulations. (d) The cabinet shall establish a transition plan for employ ers already participating in the program at the time of selecting a third -party administrator to ensure a smooth transition for providers, employers, and employees. (4) The cabinet shall partner with a nonprofit entity serving communities in each of the fifteen (15) area development districts established in KRS 147A.050 to promote and raise awareness of the program. This work shall be conducted in coordination with the third-party administrator. Partnerships shall be voluntary and optional for designated nonprofits. The cabinet may use administrative funds in accordance with KRS 199.885, or other funds, for the purposes of this subsection. (5) In accordance with a contract entered into with the cabinet under this section, the third-party administrator shall be responsible for: (a) Creating and making available via a digital dashboard an accessible and easy - to-use standardized application and contract for participation in the program; (b) Using technology and digital tools to process applications and contracts between an employer, employee, and child-care provider that is submitted to the third-party administrator; (c) Notifying the parties of their enrollment status in the program; (d) Managing and administering the program funds under the cabinet's supervision and direction; (e) Securing third-party subcontractors in accordance with all applicable federal and state procurement regulations, if deemed necessary; (f) Verifying the eligibility of the respective employee, employer, and child -care provider as parties to a contract for participation in the program prior to disbursement of a state match; (g) Collecting and verifying household income information from eligible employees and determining the amount of the state match for which the employee is eligible; (h) Distributing educational materials about the program's objectives, benefits, and eligibility requirements to employers, employees, and child -care providers; (i) Ensuring that application and reapplication processes under this program for employers and employees are simple and efficient; (j) Ensuring that compliance with and utilization of the program is simple and efficient for all parties; (k) Ensuring that application and reapplication processes and contracts for this program are accessible and available in multiple formats, including but not limited to digital and paper formats, and that applications and contracts are allowed to be submitted by various means, including but not limited to digital platforms, first-class mail, and email; (l) Responding to inquiries and requests for assistance from all parties in a timely and efficient manner; (m) Providing routine updates to all parties on the status of contracts and payments; (n) Issuing state matches from the fund to child-care providers in a timely manner and in accordance with individual contracts; (o) Receiving contributions from employers and dispersing them to child -care providers in a timely manner and in accordance with individual contracts; (p) Creating an efficient preapproval process for employers, employees, and child-care providers interested in participation in the program; and (q) Creating a streamlined reapplication process for existing contracts which parties are requesting to renew. (6) The third-party administrator shall review the completed contract after it is submitted by the employer and within ten (10) business days, notify the parties of approval, disapproval, or request additional information. If th e employee, employer, and the proposed child-care provider meet program eligibility requirements, the third-party administrator shall agree to match, from the fund, the contribution made by the employer up to one hundred percent (100%) of the cost of the e mployee's eligible child-care costs. Any denial of a contract shall include an explanation of the exact reasoning for why the contract was denied. (7) The third-party administrator shall only become party to a proposed contract under this program if the fund reflects a positive balance based on both: (a) Existing contractual obligations already accrued under this program; and (b) Additional financial obligation imposed by the proposed contract under this program. (8) The third-party administrator shall not agree to become party to a proposed contract pursuant to this program if the corresponding financial obligation would cause the fund to accrue a negative balance. (9) The third-party administrator shall maintain a waitlist of contracts submitted after available funds were committed. The third-party administrator shall become party to a proposed contract from the waitlist as new funds become available and according to the order in which it was received. (10) The third-party administrator shall issue a state match directly to the child-care provider for the duration of the contract. (11) The third-party administrator shall not disclose an employee's personal information without that individual's express written consent. (12) Beginning in 2026 and every year thereafter, the third-party administrator shall begin accepting proposed contracts under this program from employers, employees, and child-care providers for the next fiscal year according to the following: (a) Ninety (90) calendar days before July 1 for employers with existing approved contracts pursuant to the program; and (b) Forty-five (45) calendar days before July 1 for all other employers. (13) The cabinet shall publish reports detailing the efficacy of the program by July 15 and January 15 of each year and shall submit the report to the Legislative Research Commission for referral to the Interim Joint Committee on Families and Children. The report shall include at least the following information about the program: (a) Any appropriation made in the past fiscal year to the fund; (b) The total number of standardized contracts submitted by employers; (c) The total amount of state matches paid out of the fund by the cabinet; (d) The breakdown of the state matches paid by county; (e) Information on the size, geographical location, and industry type of employers who participated in the program; (f) The number, license type, quality rating, and geographical distribution of participating child-care providers; (g) The average cost for services charged by child-care providers participating in the program and information on how these costs have increased or decreased during the most recent reporting period and previous reporting periods; (h) The number and total dollar value of contracts not approved by the cabinet; (i) The demographic information of employees participating in the program; (j) The number of employers participating in the program; and (k) Recommendations for improving the program and how to give employers more options to utilize the program in order to support access to affordable child care services in the Commonwealth. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 146, sec. 11, effective April 14, 2026. -- Amended 2023 Ky. Acts ch. 24, sec. 1, effective June 29, 2023. -- Created 2022 Ky. Acts ch. 184, sec. 3, effective April 8, 2022.

KRS 199.884 Administrative regulations

199.884. Administrative regulations The cabinet, or its designated department, shall promulgate administrative regulations in accordance with KRS Chapter 13A to effectuate the provisions of KRS 199.881 to 199.888, including: (1) Creating a standardized agreement for employers, employees, and providers wishing to participate in the program, to be completed and agreed to by each respective party that includes: (a) Name, physical location, size, and industry of the employer; (b) Name and phone number of the employer's point of contact; (c) Name and physical location of the child-care provider; (d) Name and phone number of the child-care provider's point of contact; (e) Name and home address of the employee; (f) Total contribution to be paid by the employer to the provider, either directly or through a third-party vendor; (g) Total amount of the state match to be paid to the provider, either directly or through a third-party vendor; (h) Duration of the contract, which shall not last beyond the end of the state's fiscal year in any given year; (i) Frequency of the contribution to be made directly to the child-care provider in accordance with the provider's established billing cycle; and (j) Demographic information of the employee; (2) Establishing eligibility verification procedures for the following parties as a prerequisite for the cabinet entering the agreement as a party and issuing a state match: (a) Employer's enrollment in the program; (b) Employee's eligibility; and (c) Child-care provider's eligibility; (3) Collecting and verifying household income information from eligible employees and determining the amount of the state match for which the employee is eligible in accordance with KRS 199.885; (4) Creating procedures for issuing a notice to all parties to the agreement of their enrollment in the program upon receiving and processing the contract and determining eligibility; (5) Compiling confidentiality protocols for the cabinet and its designated department or departments to safeguard the personal information of participating employees, employers, and child-care providers; (6) Introducing reporting requirements for an employer or a child-care provider reporting a lapse or nonpayment of contribution towards eligible child-care services; (7) Creating procedures for issuing and logging a state match to child-care providers pursuant to the respective contract; (8) Maintaining records of the fund in the fiscal year and all payments; (9) Creating criteria for participant disqualification from the program; (10) Establishing procedures for appeals hearings; and (11) Establishing procedures for recouping state matches or portions of state matches that result in overpayments to participating child-care providers. Effective:April 8, 2022 History: Created 2022 Ky. Acts ch. 184, sec. 4, effective April 8, 2022.

KRS 199.885 Employee Child Care Assistance Partnership fund

199.885. Employee Child Care Assistance Partnership fund (1) There is hereby established in the State Treasury a revolving account to be known as the Employee Child Care Assistance Partnership fund. The fund shall consist of moneys appropriated by the General Assembly, contributions, gifts, or grants made available for the purposes of the program. (2) The fund shall be administered by the cabinet or its designated department. (3) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year. (4) Any interest earnings of the fund shall become a part of the fund and shall not lapse. (5) Moneys deposited in the fund are hereby appropriated for the purposes set forth in KRS 199.881 to 199.888 and shall not be appropriated or transferred by the General Assembly for any other purpose. (6) A third-party administrator shall issue state matches out of the fund to child-care providers in accordance with the provisions of the respective contracts and in the order that the cabinet processed the contracts. (7) (a) The state match shall not exceed one hundred percent (100%) of the contribution made by the employer for contracts in which the employee's household income is equal to or less than one hundred percent (100%) of the state median household income. (b) The state match shall decrease by ten percent (10%) for each twenty percent (20%) increase in household income over one hundred percent (100%) of the state median household income up to one hundred eighty percent (180%) of the state median household income. (c) The state match shall equal fifty percent (50%) for contracts in which the employee's household income exceeds one hundred eighty percent (180%) of the state median household income. (8) In each fiscal year, twenty-five percent (25%) of the total fund shall be distributed to agreements in which an employer is a small business. (9) In fiscal year 2022-2023, five percent (5%) of the total fund shall be distributed to the cabinet to administer the program. Beginning in fiscal year 2026-2027 and in every fiscal year thereafter, up to ten percent (10%) of the total fund shall be distributed to the cabinet for administrative purposes related to the program. (10) A state match issued pursuant to this program and administered by a third-party administrator is for the promotion of the general welfare and shall not be considered compensation for an employee's service. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 146, sec. 12, effective April 14, 2026. -- Created 2022 Ky. Acts ch. 184, sec. 5, effective April 8, 2022.

KRS 199.886 Participation by employer and employee -- Contract -- Payment for costs of service

199.886. Participation by employer and employee -- Contract -- Payment for costs of service (1) If an employer wishes to provide child-care assistance to an employee as a benefit of employment and participate in this program, the employer may enter into an agreement with its employee and a child -care provider using the standardized contract provided by a third-party administrator. (2) To participate in the program, an employer shall do the following: (a) Access the standardized contract created by the cab inet and enter into it with the employee and child-care provider; (b) Submit the proposed contract to the third -party administrator; and (c) Submit any additional information as deemed necessary by the third -party administrator pursuant to KRS 199.884. (3) (a) The employer shall submit its contributions for each contract under this program to the third-party administrator, either in lump-sum payments or in accordance with the amount and frequency agreed to in the final contract. The third-party administrator shall distribute the contributions from the employer to the child-care provider along with the state match in a timely manner and in accordance with the contract. In the event that a contract is terminated early, for any reason, the third-party administrator shall remit any remaining funds contributed by the employer for the particular contract back to the employer. (b) If requested by the employer and approved by the third -party administrator and the child-care provider, employers shall have the ability to make contributions directly to child -care providers. (c) All payments to child-care providers shall be made in a timely manner in accordance with each contract's individual stipulations. (4) To participate in the program, an employee shall complete the standardized contract with the employer and the child-care provider and provide any additional information as deemed necessary by the cabinet pursuant to KRS 199.884. (5) In the event that the agreement includes costs of service not covered by the employer's contribution and the state match, the employee shall make payments to the child-care provider according to the amount and frequency determined by the final contract. If another member of the employee's household or family becomes a party to an agreement in accordance with KRS 199.881 to 199.888, the employer contribution and state match of that agreement may be utilized to pay for costs of service not covered by the employer contribution and s tate match of the preceding agreement, provided that it does not result in overpayment to the provider. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 146, sec. 13, effective April 14, 2026. -- Created 2022 Ky. Acts ch. 184, sec. 6, effective April 8, 2022.

KRS 199.887 Termination of active contract

199.887. Termination of active contract (1) Termination of an active contract between an employer, employee, child-care provider, and a third-party administrator pursuant to this program shall occur in the following circumstances: (a) If the relationship between the employee and employer is severed, the employer shall notify the child-care provider and the third-party administrator within three (3) business days of the separation, and the contract is terminated on the calendar date provided by the employer in the notification. If the employer fails to make this notification and the third-party administrator issues a state match to the provider on behalf of that employer's employee, then the employer shall reimburse the fund for the unnecessary state match; (b) If the employer fails to make a contribution or contributions for the eligible child-care costs in accordance to the terms of the contract, the child-care provider shall notify the third-party administrator within five (5) business days. After receiving notification from the provider, the third-party administrator shall temporarily cease providing a state match and shall notify the employer that the contract will be terminated unless the employer remedies the nonpayment within five (5) business days of receiving notification from the third-party administrator. If the provider fails to make this notification and receives a state match from the third-party administrator on behalf of that employer's employee, the provider shall reimburse the fund for the unnecessary state match; or (c) If the relationship between the employee and the child care provider is severed and the employee ceases to utilize the child care provider's services, the employee shall notify the employer within three (3) business days, and the employer shall notify the third-party administrator and terminate the contract. (2) Termination of an active contract between an employer, employee, child-care provider, and the third-party administrator pursuant to this program may occur in the following circumstances: (a) If the employee fails to pay the child-care provider for costs not covered by the employer contribution and the state match in accordance to the terms of the contract, the child-care provider may give the employee reasonable time to remedy the nonpayment. The child-care provider may notify the third-party administrator and terminate the contract on the date that the notification was issued. If the child-care provider voluntarily excuses the employee's nonpayment or the child-care provider does not notify the third-party administrator within two (2) calendar months from the date of the employee's nonpayment and continues to provide services, then the contract made between all the parties will automatically reflect the reduction in value; (b) If the child-care provider ceases participation or otherwise loses its rating in the rating system described in KRS 199.8943, it shall notify all parties to the agreement immediately; and (c) The employer, employee, or child-care provider may terminate the contract at any time and for any reason. The terminating party shall notify all the parties to the contract and specify the desired termination date, which shall occur no sooner than two (2) weeks from the date of notification unless the child-care provider gives its consent to an earlier termination date. All parties to the contract shall be financially obligated, according to the provisions of the contract, up to the termination date. (3) Any child-care provider who receives an employer contribution as part of this program or a state match for services not rendered and which will not be rendered after the relationship between the employee and child care provider is severed or after the termination of an active contract in accordance with this section shall return those employer contributions and match funds to the respective parties within five (5) days of receipt of the funds. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 146, sec. 14, effective April 14, 2026. -- Amended 2024 Ky. Acts ch. 88, sec. 3, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 24, sec. 2, effective June 29, 2023. -- Created 2022 Ky. Acts ch. 184, sec. 7, effective April 8, 2022.

KRS 199.888 Incorporation into economic development agreements -- Promotional strategies

199.888. Incorporation into economic development agreements -- Promotional strategies (1) The Cabinet for Economic Development may coordinate with the Cabinet for Health and Family Services to incorporate this program into agreements with employers seeking economic development incentives in Subchapters 31 and 32 of KRS Chapter 154, if the employer agrees to participate in the program. (2) The Cabinet for Economic Development shall develop and implement strategies and programs to promote awareness of the Employee Child Care Assistance Partnership among employers to whom they provide services or with whom they conduct business. The Cabinet for Economic Development may consult with the Cabinet for Health and Family Services in developing and implementing promotional strategies and programs. (3) The Education and Labor Cabinet shall develop and implement strategies and programs to promote awareness of the Employee Child Care Assistance Partnership among employers to whom they provide services or with whom t hey conduct business. The Education and Labor Cabinet may consult with the Cabinet for Health and Family Services in developing and implementing promotional strategies and programs. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 88, sec. 4, effective July 15, 2024. -- Created 2022 Ky. Acts ch. 184, sec. 8, effective April 8, 2022.

KRS 199.891 Definitions for section -- Certified Child Care Community Designation Program -- Powers and duties of cabinet -- Applicant requirements -- Report required -- Provision of list of communities that have obtained designation

199.891. Definitions for section -- Certified Child Care Community Designation Program -- Powers and duties of cabinet -- Applicant requirements -- Report required -- Provision of list of communities that have obtained designation (1) As used in this section: (a) "Cabinet" means the Cabinet for Health and Family Services; (b) "Child care service" means a child care service licensed or certified by the cabinet; and (c) "Local government" has the same meaning as in KRS 65.230. (2) The cabinet shall establish a Certified Child Care Community Designation Program. The purpose of the program shall be to create new opportunities for local governments to help increase the supply of child care services in their communities through voluntary actions related to land use and zoning reform and programming at the local level. Participation in the program by local governments shall be optional. (3) To administer the program, the cabinet may: (a) Delegate authority to a subsidiary department; (b) Coordinate and share information with other executive branch agencies; (c) Enter into contracts with third parties to administer the program or specific parts of the program; and (d) Promulgate administrative regulations in accordance with KRS Chapter 13A to implement the program. (4) By January 1, 2028, the cabinet shall make publicly ava ilable a standardized application for certification and instructions for the Certified Child Care Community Designation Program. In preparing these materials, the cabinet shall solicit feedback from and engage with the Kentucky Child Care Advisory Council and individuals and associations representing local governments, land use and planning and design professionals, public health officials, licensed and certified child-care providers, business leaders, economic development professionals, and education professionals. (5) The cabinet shall: (a) Begin receiving and approving applications from local governments no earlier than January 1, 2028; and (b) Send notice of approval or denial to applicants no later than thirty (30) days after receiving an application. If the cabinet denies an application, the cabinet shall include the reason for the denial in its notice and shall invite the applicant to resubmit. (6) (a) To attain certification by the cabinet, applicants shall be required to demonstrate that the local government has: 1. Established or joined a community-wide child care task force that includes representatives from local government, the business community, education, health care, nonprofits, and providers of licensed and certified child care services; 2. Developed a strategic plan through its task force to address identified child care challenges and increase access to child care services in the local community; and 3. Analyzed local ordinances, regulations, and land use rules that could create barriers to the availability of child care services and developed an action plan to implement reforms. To comply with this subparagraph, the applicant shall demonstrate that it has: a. Gathered community input from child care providers and child care organizations, local residents and homeowners, local elementary and secondary school officials, the business community, civic and nonprofit organizations, and economic developers through meetings, listening sessions, or surveys; b. Conducted a comprehensive analysis of the jurisdiction's ordinances, regulations, and land use rules that may pertain to the provision of child care services and identified ordinances, regulations, and land use rules that create barriers to the availability of child care services in the community ; and c. Established a clear and specific action plan to amend ordinances, regulations, and land use rules that create barriers to the availability of child care services in the community as identified through the comprehensive analysis in subdivision b. o f this subparagraph. (b) As used in paragraph (a)3. of this subsection, "ordinances, regulations, and land use rules that create barriers to the availability of child care services" in the community means local ordinances, regulations, or land use rules th at local officials and community stakeholders have determined to be overly restrictive or unnecessary and have the effect of discouraging or limiting the availability of child care services without meaningfully supporting safety or preserving the character of the community. (c) In fulfilling the requirements of paragraph (a)3. of this subsection, an applicant shall demonstrate that it has, to the greatest extent possible, reviewed and incorporated into its action plan recommendations and best practices for local ordinances, regulations, and land use rules pertaining to child care made available by the cabinet. This demonstration shall include a detailed explanation of where the applicant's local policies do and do not align with recommended best practices. I f the cabinet determines that the applicant did not adequately consider recommended best practices in its analysis and action plan, it may deny certification to the applicant. (d) If the applicant has not adopted land use rules pursuant to KRS Chapter 100, it may exclude, and the cabinet shall not consider, land use rules and zoning ordinances from its analysis and action plan. (e) The cabinet shall permit local governments to partner together and submit joint applications. Under a joint application, the co mmunity-wide child care task force shall include representatives from all local governments in the application, and the strategic plan shall take into account child care needs across all applicant communities. All local governments that are party to the joint application shall demonstrate compliance with requirements related to analysis and modification of local ordinances, regulations, and land use rules that could create barriers to the availability of child care services. (7) The cabinet shall: (a) Make publicly available a list of communities that have obtained the certified child care community designation; and (b) Transmit, on a quarterly basis, a full list of certified communities to the Cabinet for Economic Development. (8) By December 1, 2028, the cabinet shall submit a report to the Legislative Research Commission for referral to the Interim Joint Committees on Families and Children and State and Local Government specifying the communities that have obtained the designation, a summary of the different strategies used by local communities to expand access to child care and remove barriers, and recommendations for improvements to the program. (9) When the Cabinet for Economic Development engages with a company regarding participation in an incentive or funding program administered by one (1) or more of that cabinet's agencies, including when it initially communicates with, receives an application from, and approves funding to, any company, the Cabinet for Economic Development shall provide to the company information regarding the Certified Child Care Community Designation Program, including a list of communities that have obtained the designation. (10) By November 1 of each year, the Cabinet for Economic Development shall prepare and post to its website as required in KRS 154.12-2035 a report containing a list of communities that have obtained the designation, information regarding its engagement with companies as outlined in this section, and information regarding its actions under KRS 199.888. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 146, sec. 2, effective April 14, 2026. -- Created 2024 Ky. Acts ch. 88, sec. 1, effective July 15, 2024.

KRS 199.892 Declaration of legislative intent

199.892. Declaration of legislative intent In enacting legislation relating to the regulation of day-care centers, it is the intention of the General Assembly to enable the Cabinet for Health and Family Services to qualify to receive federal funds under provisions of the Federal Social Security Act and to provide for effective regulation of day-care centers. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 192, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 155, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (13). -- Created 1962 Ky. Acts ch. 196, sec. 1.

KRS 199.894 Definitions for KRS 199.892 to 199.896

199.894. Definitions for KRS 199.892 to 199.896 As used in KRS 199.892 to 199.896, unless the context otherwise requires: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Secretary" means secretary for health and family services; (3) "Child-care center" means any child-care center that provides full- or part-time care, day or night, to four (4) or more children in a nonresidential setting who are not the children, grandchildren, nieces, nephews, or children in legal custody of the operator. "Child-care center" shall not include any child-care facility operated by a religious organization while religious services are being conducted, or a youth development agency. For the purposes of this section, "youth development agency" means a program with tax-exempt status under 26 U.S.C. sec. 501(c)(3), which operates continuously throughout the year as an outside-school-hours center for youth who are six (6) years of age or older, and for which there are no fee or scheduled-care arrangements with the parent or guardian of the youth served; (4) "Department" means the Department for Community Based Services; and (5) "Family child-care home" means a private home that is the primary residence of an individual who provides full or part-time care day or night for six (6) or fewer children who are not the children, siblings, stepchildren, grandchildren, nieces, nephews, or children in legal custody of the provider. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 10, effective July 15, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 193, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 308, sec. 17, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 156, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 81, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 57, sec. 3, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (13), (21) and (30). -- Created 1962 Ky. Acts ch. 196, sec. 2.

KRS 199.895 Evacuation plan required for child-care centers and family child-care homes -- Annual updating of plan -- Provision of plan to local emergency management officials and parents

199.895. Evacuation plan required for child-care centers and family child-care homes -- Annual updating of plan -- Provision of plan to local emergency management officials and parents (1) A child-care center licensed under KRS 199.896 and a family child-care home certified under KRS 199.8982 shall have a written plan for evacuation in the event of fire, natural disaster, or other threatening situation that may pose a health or safety hazard to the children in the center or home. The plan shall include but not be limited to: (a) A designated relocation site and evacuation route; (b) Procedures for notifying parents of the relocation and ensuring family reunification; (c) Procedures to address the needs of individual children including children with special needs; (d) Instructions relating to the training of staff or the reassignment of staff duties, as appropriate; (e) Coordination with local emergency management officials; and (f) A program to ensure that appropriate staff are familiar with the plan's components. (2) A child-care center and a family child-care home shall update the evacuation plan by December 31 each year. (3) A child-care center and a family child-care home shall retain an updated copy of the plan for evacuation, provide an updated copy to appropriate local emergency management officials, and provide a copy to each parent, custodian, or guardian of the child at the time of the child's enrollment in the program and whenever the plan is updated. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 102, sec. 1, effective July 12, 2012. -- Created 2011 Ky. Acts ch. 69, sec. 3, effective December 31, 2011.

KRS 199.896 License requirement -- Application -- Fee -- Emergency action -- Use of information -- Hearing -- Disposition of receipts -- Advertisement -- Unannounced inspections -- Orientation and training requirements -- Prohibition against use of corporal physical discipline -- Partial and full exemption from regulation -- Criminal record check -- Probationary

199.896. License requirement -- Application -- Fee -- Emergency action -- Use of information -- Hearing -- Disposition of receipts -- Advertisement -- Unannounced inspections -- Orientation and training requirements -- Prohibition against use of corporal physical discipline -- Partial and full exemption from regulation -- Criminal record check -- Probationary employment status -- Alleged violation of an administrative regulation by a child-care center, procedures -- Preliminary license -- Permissive actions -- Cabinet's powers during state of emergency. (1) A person, association, or organization shall not conduct, operate, maintain, or advertise any child-care center without obtaining a license as provided in KRS 199.892 to 199.896. (2) The cabinet may promulgate administrative regulations in accordance with KRS Chapter 13A relating to license fees and may, in the administrative regulations, establish standards of care and service for a child -care center, criteria for the denial of a license if criminal records indicate convictions that may impact the safety and security of children in care, and procedures for enforcement of penalties which are not in contravention of this section. (3) Each initial application for a license shall be made to the cabinet an d shall be accompanied by a fee that shall not exceed administrative costs of the program to the cabinet and shall be renewable annually upon expiration and reapplication when accompanied by a renewal fee that shall not exceed administrative costs of the program to the cabinet. Regular licenses and renewals thereof shall expire one (1) year from their effective date. (4) A child-care center shall not be refused a license or have its license revoked for failure to meet standards set by the secretary until af ter the expiration of a period not to exceed six (6) months from the date of the first official notice that the standards have not been met. If the cabinet has probable cause to believe that an immediate threat to the public health, safety, or welfare exis ts, the cabinet may take emergency action pursuant to KRS 13B.125. All administrative hearings conducted under authority of KRS 199.892 to 199.896 shall be conducted in accordance with KRS Chapter 13B. (5) If, upon inspection or investigation, the inspector general finds that a child -care center licensed under this section has violated the administrative regulations promulgated in accordance with KRS Chapter 13A by the cabinet, the inspector general shall issue a statement of deficiency to the center contai ning: (a) A statement of fact; (b) A statement of how an administrative regulation was violated; and (c) The timeframe, negotiated with the child-care center, within which a violation is to be corrected, except that a violation that poses an immediate thre at to the health, safety, or welfare of children in the center shall be corrected in no event later than five (5) working days from the date of the statement of deficiency. (6) The Cabinet for Health and Family Services, in consultation with the Office of the Inspector General, shall establish by administrative regulations promulgated in accordance with KRS Chapter 13A an informal dispute resolution process through which a child-care provider may dispute licensure deficiencies that have an adverse effect on the child-care provider's license. (7) A child-care center shall have the right to appeal to the Cabinet for Health and Family Services under KRS Chapter 13B any action adverse to its license or the assessment of a civil penalty issued by the inspector general as the result of a violation contained in a statement of deficiency within twenty (20) days of the issuance of the action or assessment of the civil penalty. An appeal shall not act to stay the correction of a violation. (8) In assessing the civil penalty to be levied against a child-care center for a violation contained in a statement of deficiency issued under this section, the inspector general or the inspector general's designee shall take into consideration the following factors: (a) The gravity of the threat to the health, safety, or welfare of children posed by the violation; (b) The number and type of previous violations of the child-care center; (c) The reasonable diligence exercised by the child-care center and efforts to correct the violation; and (d) The amount of assessment necessary to assure immediate and continued compliance. (9) Upon a child-care center's failure to take action to correct a violation contained in a statement of deficiency, or at any time when the operation of a child-care center poses an immediate threat to the health, safety, or welfare of children in the center, and the child-care center continues to operate after the cabinet has taken emergency action to deny, suspend, or revoke its license, the cabinet or the cabinet's designee shall take at least one (1) of the following actions against the center: (a) Institute proceedings to obtain an order compelling compliance with the administrative regulations promulgated by the cabinet in accordance with KRS Chapter 13A; (b) Institute injunctive proceedings in Circuit Court to terminate the operation of the center; (c) Institute action to discontinue payment of child-care subsidies; or (d) Suspend or revoke the license or impose other penalties provided by law. (10) Upon request of any person, the cabinet shall provide information regarding the denial, revocation, suspension, or violation of any type of child-care center license of the operator. Identifying information regarding children and their families shall remain confidential. (11) The cabinet shall provide, upon request, public information regarding the inspections of and the plans of correction for the child-care center within the past year. All information distributed by the cabinet under this subsection shall include a statement indicating that the reports as provided under this subsection from the past five (5) years are available from the child-care center upon the parent's, custodian's, guardian's, or other interested person's request. (12) All fees collected under the provisions of KRS 199.892 to 199.896 for license and certification applications shall be paid into the State Treasury and credited to a special fund for the purpose of administering KRS 199.892 to 199.896 including the payment of expenses of and to the participants in child-care workshops. The funds collected are hereby appropriated for the use of the cabinet. The balance of the special fund shall lapse to the general fund at the end of each biennium. (13) Any advertisement for child-care services shall include the address of where the service is being provided. (14) All inspections of licensed and unlicensed child-care centers by the Cabinet for Health and Family Services shall be unannounced. (15) All employees and owners of a child-care center who provide care to children shall demonstrate within the first three (3) months of employment completion of at least a total of six (6) hours of orientation in the following areas: (a) Basic health, safety, and sanitation; (b) Recognizing and reporting child abuse; and (c) Developmentally appropriate child-care practice. (16) All employees and owners of a child-care center who provide care to children shall annually demonstrate to the department completion of at least six (6) hours of training in child development. These hours shall include but are not limited to: (a) One and one-half (1.5) hours one (1) time every five (5) years of continuing education in the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020. Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric head trauma approved by the secretary of the Cabinet for Health and Family Services; and (b) One (1) hour one (1) time every three (3) years of continuing education in the recognition and prevention of pediatric ingestion or inhalation of controlled substances. The continuing education required under this subsection shall be included in the current number of required continuing education hours. (17) The Cabinet for Health and Family Services shall make available either through the development or approval of a model training curriculum and training materials, including video instructional materials, to cover the areas specified in subsection (15) of this section. The cabinet shall develop or approve the model training curriculum and training materials to cover the areas specified in subsection (15) of this section. (18) Child-care centers licensed pursuant to this section and family child-care homes certified pursuant to KRS 199.8982 shall not use corporal physical discipline, including the use of spanking, shaking, or paddling, as a means of punishment, discipline, behavior modification, or for any other reason. For the purposes of this section, "corporal physical discipline" means the deliberate infliction of physical pain and does not include spontaneous physical contact that is intended to protect a child from immediate danger. (19) Child-care centers that provide instructional and educational programs for preschool-aged children that operate for a maximum of twenty (20) hours per week and that a child attends for no more than fifteen (15) hours per week shall: (a) Notify the cabinet in writing that the center is operating; (b) Meet all child-care center licensure requirements and administrative regulations related to employee background checks; (c) Meet all child-care center licensure requirements and administrative regulations related to tuberculosis screenings; and (d) Be exempt from all other child-care center licensure requirements and administrative regulations. (20) Child-care centers that provide instructional and educational programs for preschool-aged children that operate for a maximum of twenty (20) hours per week and that a child attends for no more than ten (10) hours per week shall be exempt from all child-care licensure requirements and administrative regulations. (21) Instructional programs for school-age children that offer, whether free or for a fee, recreational, educational, sports training, or vacation programs that include but are not limited to martial arts and dance programs to children under eighteen (18) years of age, that a child attends outside the presence of his or her parent or legal guardian, shall be exempt from all child-care licensure administrative regulations if the following criteria are met: (a) The program provides primary instruction in a skill, talent, ability, expertise, or proficiency; (b) The program operates outside the time period when school is in session, including before or after school hours, holidays, school breaks, teaching planning days, or summer vacation; (c) The program does not advertise or otherwise represent that the program is a licensed child-care center or that the program offers child-care services; (d) The program informs the parent or guardian: 1. That the program is not licensed by the cabinet; and 2. About the physical risks a child may face while participating in the program; and (e) The program conducts the following background checks for all program employees and volunteers who work with children: 1. Check of the child abuse and neglect records maintained by the cabinet; and 2. In-state criminal background information check from the Justice and Public Safety Cabinet or Administrative Office of the Courts. (22) Directors and employees of child -care centers in a position that involves supervisory or disciplinary power over a minor, or direct contact with a minor, shall submit to a criminal record check in accordance with KRS 199.8965. (23) A director or employee of a child -care center may be employed on a probationary status pending receipt of the criminal background check. Application for the criminal record of a probationary employee shall be made no later than the date probationary employment begins. (24) In determining whether to issue a plan of correction, directed plan of correction, or suspension or revocation of a child -care center license in response to any alleged violation of an administrative regulation by a child -care center, in addition to any other required considerations under this section the cabinet shall consider the following factors: (a) If the child-care center self-reported the incident in question and if the child - care center had a history of self -reporting incidents; (b) If the incident was the result of the child -care center failing in any way related to policy, training, enforcement, or supervision; (c) If the incident was the result of an independent act or failure to follow administrative regulations or center policy on the part of a child -care center applicant for licensure, a child-care center director, or any staff person; (d) Actions taken by the child-care center in addition to those required by administrative regulation, including but not limited to installing cameras, providing extra training for staff, implementing facility improvements, enacting safety policies stricter than those required by administrative regulation, and improving staff -to-child ratios; and (e) If the child-care center appropriately responded to the violation by holding the party responsible accountable for the violation and correcting or initiating correction of any condition that contributed to the violation. (25) A violation of a directed plan of correction shall not result in a suspension or revocation of a child-care center's license unless the violation is solely determined by the cabinet to be serious enough to justify the suspension or revocation. (26) A child-care center shall be permitted to provide requested documentation to the cabinet up to five (5) business days following a request when any routine review or audit related to an alleged violation of administrative regulation occurs. (27) (a) A child-care center that has been granted a preliminary license with a six (6) month probationary period by the cabinet shall receive a minimum of two (2) weekly support contacts a week by the cabinet or the cabinet's designee, with at least one (1) contact being in person for each week of a six (6) month probationary period in order to assist the center owner, supervisors, and staff in understanding, implementing, and practicing administrative regulations properly. (b) During the six (6) month probationary period, the cabinet shall not issue a violation against a child-care center unless the cabinet determines that a violation was knowingly committed after the cabinet had provided clear instructions, or the violation created an immediate threat to the health, safety, or welfare of the children in the child-care center. (28) The cabinet may allow but shall not require the inspector general, the inspector general's designee, or other cabinet representative to: (a) Take emergency action in accordance with subsection (4) of this section by issuing an emergency order that suspends a child-care center's license; (b) Revoke a child-care center's license if an emergency order has been issued and the: 1. Child-care center has not requested a hearing within the timeframes required in subsection (7) of this section; or 2. Condition that resulted in the emergency order is not corrected within thirty (30) calendar days of service of an emergency order; (c) Revoke a child-care center's license if: 1. A representative of the child-care center interferes with a cabinet or other agency representative's ability to perform an official duty; 2. A cabinet representative, a representative from another agency with regulatory authority, or a parent is denied access during operating hours to a child, the child-care center, or child-care center staff; 3. The child-care center is discontinued or disqualified from participation in Kentucky's child-care subsidy program or another governmental assistance program as a result of fraud, abuse, or criminal conviction related to the center; 4. The child-care center fails to meet a condition of, or violates a requirement of, a directed plan of correction; 5. The child-care center applicant or licensee knowingly misrepresents or submits false information on a form required by the cabinet; 6. The child-care center is the subject of more than two (2) directed plans of correction during a three (3) year period; or 7. The child-care center has failed to comply with required payment provisions; and (d) Suspend a child-care center's license if: 1. A violation of an administrative regulation is found to pose an immediate threat to the health, safety, and welfare of the children in care, as permitted in subsection (4) of this section; or 2. The child-care center fails to comply with the approved plan of correction. (29) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to identify emergency care providers who provide essential child-care services during an identified state of emergency. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 18, effective July 15, 2026; and ch. 146, sec. 18, effective April 14, 2026. -- Amended 2024 Ky. Acts ch. 87, sec. 1, effective April 5, 2024. -- Amended 2021 Ky. Acts ch. 172, sec. 1, effective March 30, 2021. - - Amended 2020 Ky. Acts ch. 36, sec. 11, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 136, sec. 5, effective July 1, 2019. -- Amended 2017 Ky. Acts ch. 135, sec. 5, effective March 27, 2017. -- Amended 2015 Ky. Acts ch. 16, sec. 3, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 171, sec. 7, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 48, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 308, sec. 18, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 157, effective July 15, 1998; and ch. 524, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 90, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 131, sec. 1, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 57, sec. 4, effective July 14, 1980. -- Amended 1982 Ky. Acts ch. 247, sec. 5, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 187, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 203, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Created 1962 Ky. Acts ch. 196, sec. 3. Legislative Research Commission Note (4/14/2026). 2026 Ky. Acts ch. 146, sec. 19, provides that, "[t]he provisions of Section 18 of this Act [this statute] shall apply: (1) To any pending and not yet final action related to licensed child-care centers that is under consideration by the Cabinet for Health and Family Services on the effective date of this Act [April 14, 2026]; and (2) To any action related to licensed child-care centers that occurs on or after the effective date of this Act [April 14, 2026]." Legislative Research Commission Note (7/15/2026). This statute was amended by 2026 Ky. Acts chs. 68 and 146, which do not appear to be in conflict and have been codified together.

KRS 199.897 Notification concerning Kentucky Consumer Product Safety Program

199.897. Notification concerning Kentucky Consumer Product Safety Program (1) The Cabinet for Health and Family Services shall notify licensed child-care centers and certified family child-care homes on an ongoing basis, including during the license or certification application process and any monitoring visits, of the Kentucky Consumer Product Safety Program and the program's Web site. Licensed child-care centers shall post in a prominent location a notice of the existence of the Consumer Product Safety Program and the program's Web site. (2) The Cabinet for Health and Family Services may promulgate administrative regulations to carry out this section. (3) This section may be cited as The Child Safety Act of 2009. Effective: June 25, 2009 History: Created 2009 Ky. Acts ch. 51, sec. 1, effective June 25, 2009.

KRS 199.898 Rights for children in child-care programs and their parents, custodians, or guardians -- Posting and distribution requirements

199.898. Rights for children in child-care programs and their parents, custodians, or guardians -- Posting and distribution requirements (1) All children receiving child-care services in a day-care center licensed pursuant to KRS 199.896, a family child-care home certified pursuant to KRS 199.8982, or from a provider or program receiving public funds shall have the following rights: (a) The right to be free from physical or mental abuse; (b) The right not to be subjected to abusive language or abusive punishment; and (c) The right to be in the care of adults who shall meet their health, safety, and developmental needs. (2) Parents, custodians, or guardians of children specified in subsection (1) of this section shall have the following rights: (a) The right to have access to their children at all times the child is in care and access to the provider caring for their children during normal hours of provider operation and whenever the children are in the care of the provider; (b) The right to be provided with information about child-care regulatory standards, if applicable; where to direct questions about regulatory standards; and how to file a complaint; (c) The right to file a complaint against a child-care provider without any retribution against the parent, custodian, guardian, or child; (d) The right to obtain information from the cabinet regarding any type of licensure denial, suspension, or revocation of an operator, and cabinet reports that have found abuse or neglect by any child-care provider or any employee of a child care provider. Identifying information regarding children and their families shall remain confidential; (e) The right to obtain information from the cabinet regarding the inspections and plans of correction of the day-care center, the family child-care home, or the provider or program receiving public funds within the past year; and (f) The right to review and discuss with the provider any state reports and deficiencies revealed by such reports. (3) The child-care provider who is licensed pursuant to KRS 199.896 or certified pursuant to KRS 199.8982 shall post these rights in a prominent place and shall provide a copy of these rights to the parent, custodian, or guardian of the child at the time of the child's enrollment in the program. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 524, sec. 3, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 57, sec. 1, effective July 14, 1992.

KRS 199.899 Market-rate survey to determine rates for child-care services receiving public funds

199.899. Market-rate survey to determine rates for child-care services receiving public funds (1) The Cabinet for Health and Family Services shall conduct a market-rate survey at least biennially to set the minimum rates paid by the cabinet for child-care services receiving public funds in the Commonwealth. The market-rate survey shall: (a) Survey all child-care programs in the Commonwealth licensed pursuant to KRS 199.896 or certified pursuant to KRS 199.8982; (b) Determine market rates; and (c) Make public its findings. (2) In counties containing no more than two (2) child-care programs of the same type regulated by the cabinet, the cabinet shall pay the rate charged by the program up to the maximum allowable market rate, set in accordance with federal regulations, paid to a program of the same type in that area development district. (3) The Cabinet for Health and Family Services shall evaluate, at least annually, the adequacy of the child-care subsidy to enable low income families in need of child- care services to obtain child care. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 196, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 308, sec. 20, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 160, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 57, sec. 6, effective July 14, 1992.

KRS 199.900 Training programs authorized -- Research assignment -- Classification -- Compensation -- Contract

199.900. Training programs authorized -- Research assignment -- Classification -- Compensation -- Contract (1) The secretary for health and family services in coordination with the Personnel Cabinet is authorized to establish formal training programs within the Cabinet for Health and Family Services or within any of the divisions or sections of the cabinet for the training of necessary personnel for the administration of the programs of the cabinet. When courses of study, applicable to the program processes of the cabinet, are not available through cabinet instruction, arrangements may be made for the training of employees in any public or private school or institution having available facilities for that purpose, and such training shall be deemed to be a part of the cabinet training program. Training of employees in public or private schools or institutions for this purpose shall be deemed a part of research assignments to be completed during the period of study, and these assignments are to relate directly to the work assignment of the employee. After consulting with the Personnel Cabinet, position classifications in the research series shall be established for employees on such work study assignments, and funds of the cabinet may be used to pay salaries commensurate with the appropriate classification while the employee is receiving training. (2) Any employee who is paid a salary while receiving such training shall be required to enter into a contract, prior to receiving the training, that he will complete a specified work assignment, and that unless he continues in the employ of the cabinet for at least a period equivalent to the training period, immediately following the completion of training, the state will hold a claim against him for the amount of salary paid during the training period, and he will repay to the cabinet the sum paid to him by the cabinet during the period of his training. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 200, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 154, sec. 86, effective July 15, 1998; and ch. 426, sec. 164, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (13) and (30). -- Created 1962 Ky. Acts ch. 85, sec. 2.

KRS 199.990 Penalties

199.990. Penalties (1) Any person who violates any of the provisions of KRS 199.430, 199.470, 199.473, 199.570, 199.572, and 199.590 except subsection (2), or 199.640 to 199.670, or any rule or regulation under such sections the violation of which is made unlawful shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) or imprisoned for not more than six (6) months, or both. Each day such violation continues shall constitute a separate offense. (2) Any person who willfully violates any other of the provisions of KRS 199.420 to 199.670 or any rule or regulation thereunder, the violation of which is made unlawful under the terms of those sections, and for which no other penalty is prescribed in those sections, or in any other applicable statute, shall be fined not less than one hundred dollars ($100) nor more than two hundred dollars ($200) or imprisoned for not more than thirty (30) days, or both. (3) Any violation of the regulations, standards, or requirements of the cabinet under the provisions of KRS 199.896 that poses an immediate threat to the health, safety, or welfare of any child served by the child-care center shall be subject to a civil penalty of no more than one thousand dollars ($1,000) for each occurrence. Treble penalties shall be assessed for two (2) or more violations within twelve (12) months. All money collected as a result of civil penalties assessed under the provisions of KRS 199.896 shall be paid into the State Treasury and credited to a special fund for the purpose of the Early Childhood Scholarship Program created in accordance with KRS 164.518. The balance of the fund shall not lapse to the general fund at the end of each biennium. (4) A person who commits a violation of the regulations, standards, or requirements of the cabinet under the provisions of KRS 199.896 shall be fined not less than one thousand dollars ($1,000) or imprisoned for not more than twelve (12) months, or be fined and imprisoned, at the discretion of the court. (5) Any person who violates any of the provisions of KRS 199.590(2) shall be guilty of a Class D felony. (6) Any person who knowingly or intentionally registers false information under KRS 199.503(4) shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than twelve (12) months, or be fined and imprisoned, at the discretion of the court. (7) Any person who knowingly or intentionally releases or requests confidential information in violation of KRS 199.503(8) or (9) or in violation of KRS 199.505 shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than twelve (12) months, or be fined and imprisoned, at the discretion of the court. It is a defense under this subsection if the cabinet releases confidential information while acting in good faith and with reasonable diligence. (8) Any person who intentionally registers false information under KRS 199.881 to 199.888 with the cabinet in pursuit of the benefits of this program shall be subject to a civil penalty of no more than five hundred dollars ($500) per violation. All money collected as a result of penalties assessed under KRS 199.881 to 199.888 shall be paid into the State Treasury and credited to the Employee Child Care Assistance Partnership fund. Effective:April 8, 2022 History: Amended 2022 Ky. Acts ch. 184, sec. 9, effective April 8, 2022. -- Amended 2018 Ky. Acts ch. 112, sec. 4, effective July 14, 2018; and ch. 159, sec. 31, effective July 14, 2018. -- Amended 2004 Ky. Acts ch. 186, sec. 10, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 308, sec. 24, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 242, sec. 13, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 423, sec. 196, effective July 1, 1987. -- Amended 1980 Ky. Acts ch. 188, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 66, sec. 3, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 142, sec. 3. -- Amended 1970 Ky. Acts ch. 270, sec. 1. -- Amended 1964 Ky. Acts ch. 85, sec. 5. -- Amended 1962 Ky. Acts ch. 196, sec. 4; and ch. 211, sec. 6; and ch. 212, sec. 12. -- Amended 1952 Ky. Acts ch. 161, sec. 61. -- Amended 1950 Ky. Acts ch. 125, sec. 31. -- Amended 1946 Ky. Acts ch. 13, sec. 5. -- Amended 1944 Ky. Acts ch. 77, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 326, 327, 330, 331c-1, 331c-3, 331e-4, 331g-1, 331g-2, 331g-3. Legislative Research Commission Note (4/8/2022). This statute was amended in 2022 Ky. Acts ch. 184, sec. 9. Under Section 10 of that Act, the Act may be cited as the Employee Child Care Assistance Partnership. Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 147, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.

KRS 199.5951 Duty of cabinet with respect to interstate compacts

199.5951. Duty of cabinet with respect to interstate compacts (1) The Cabinet for Health and Family Services is authorized to develop, participate in the development of, negotiate and enter into one (1) or more interstate compacts on behalf of this state with other states to implement one (1) or more of the purposes set forth in KRS 199.595 to 199.5955. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law. (2) For the purposes of KRS 199.595 to 199.5955, the term "state" shall mean a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States. (3) For the purposes of KRS 199.595 to 199.5955, the term "adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case. (4) For the purposes of KRS 199.595 to 199.5955, the term "residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 187, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 150, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 80, sec. 2, effective July 15, 1986.

KRS 199.5952 Contents of interstate compacts

199.5952. Contents of interstate compacts A compact entered into pursuant to the authority conferred by KRS 199.595 to 199.5955 shall have the following content: (1) A provision making it available for joinder by all states; (2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one (1) year between the date of the notice and the effective date of the withdrawal; (3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode; (4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance; and (5) Such other provisions as may be appropriate to implement the proper administration of the compact. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 80, sec. 3, effective July 15, 1986.

KRS 199.5953 Additional compact provisions

199.5953. Additional compact provisions A compact entered into pursuant to the authority conferred by KRS 199.595 to 199.5955 may contain provisions in addition to those required pursuant to KRS 199.5952, as follows: (1) Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and (2) Such other provisions as may be appropriate or incidental to the proper administration of the compact. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 80, sec. 4, effective July 15, 1986.

KRS 199.5954 State medical assistance for special-needs adoptee

199.5954. State medical assistance for special-needs adoptee (1) A child with special needs residing in this state, who is the subject of an adoption assistance agreement with another state, shall be entitled to receive medical assistance from this state upon the filing in the Department for Community Based Services, Cabinet for Health and Family Services, a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department for Medicaid Services, Cabinet for Health and Family Services, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed. (2) The Department for Medicaid Services, Cabinet for Health and Family Services shall consider recipients of medical assistance pursuant to this section as any other recipient of medical assistance under the laws of this state and shall process and make payment on claims on account of the recipient in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance. (3) The Department for Medicaid Services, Cabinet for Health and Family Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the Department for Community Based Services, Cabinet for Health and Family Services, for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third-party medical contract or arrangement held by the child or the adoptive parents. The Cabinet for Health and Family Services shall make regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. Among other things, the regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance. (4) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading, or fraudulent shall be punishable as perjury and shall also be subject to a fine not to exceed ten thousand dollars ($10,000) or imprisonment for not more than two (2) years, or both such fine and imprisonment. (5) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 188, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 20, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 151, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 247, sec. 3, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 80, sec. 5, effective July 15, 1986.

KRS 199.5955 Federal medical and adoption assistance

199.5955. Federal medical and adoption assistance Consistent with federal law, the Cabinet for Health and Family Services, in connection with the administration of KRS 199.595 to 199.5955 and any compact pursuant hereto shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (Pub. L. 96-272), Titles IV (e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The Cabinet for Health and Family Services shall apply for and administer all relevant federal aid in accordance with law. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 189, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 152, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 80, sec. 6, effective July 15, 1986.

KRS 199.8911 Definitions for section -- Legislative intent for licensed child -care microcenters -- Kentucky Child-Care Microcenter Program -- Administrative regulations -- Standards for operation -- Required reporting

199.8911. Definitions for section -- Legislative intent for licensed child -care microcenters -- Kentucky Child-Care Microcenter Program -- Administrative regulations -- Standards for operation -- Required reporting (1) As used in this section: (a) "Child-care microcenter" means a category of regulated child care supervised by the cabinet that serves between four (4) and twenty -four (24) children in a nonresidential setting for more than three (3) hours per day; (b) "Eligible applicant" means a provider of a child-care program that: 1. Has been licensed or certified by the cabinet for at least three (3) years at the time of application; 2. Is in good standing with the cabinet; and 3. Participates in the quality-based graduated early care and education rating system established under KRS 199.8943; (c) "Nontraditional work hours" means hours of employment that generally but not exclusively occur between 7 p.m. to 5 a.m. Monday to Friday, or between 7 p.m. on Friday to 5 a.m. on Monday; (d) "Opportunity zones" means a population census tract that is a low-income community and designated as a qualified opportunity zone under Sections 1400Z-1 and 1400Z-2 of the Internal Revenue Code; and (e) "Rural areas" means a county with a population of less than fifty thousand (50,000) residents. (2) It is the intent of the General Assembly to allow for licensed child -care microcenters in order to encourage innovative child -care services in high-need areas and underserved populations, including but not limited to rural areas, workers with nontraditional hours, opportunity zones, parents in need of emergency or drop-in services, and postsecondary students and campuses. Child-care microcenters shall provide quality services, operate under setting-aligned health and safety standards, and be permitted to request and receive special variances from established standards and administrative regulations at the discretion of the cabinet. (3) The Kentucky Child-Care Microcenter Program is hereby established within the cabinet to regulate the standards and operations of child-care microcenters. To administer the program, the cabinet may enter into contracts with third parties to administer the program or specific parts of the program. (4) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A by July 1, 2027, to implement this section and determine appropriate standards under which child-care microcenters may be licensed and operated in Kentucky. (5) The cabinet shall establish standards for operations, including but not limited to staff background checks, adult-to-child ratios, health and safety standards, facility requirements, teacher and director training, and required paperwork for employees and enrolled children. In developing these standards, the cabinet shall solicit feedback from key stakeholders, including licensed and certified child-care providers, early childhood experts, local child care resource and referral agencies, the Kentucky Child Care Advisory Council, and other relevant stakeholders. (6) (a) The cabinet shall establish a process by which a child-care microcenter provider may apply for and receive a variance from established standards and administrative regulations for child-care microcenters. Applications shall demonstrate that the requested variance will not, in any way, jeopardize the health and safety of children receiving care at the child-care microcenter. (b) Approved variances shall only apply to the specific child-care microcenter for which a variance is requested. (c) Denials of applications for variances are not contestable. (d) An eligible applicant for the program may request a variance in its initial program application. (e) An approved child-care microcenter provider or eligible applicant may request a variance only once in a calendar year and shall not be allowed to operate with more than one (1) approved variance in place at a time. (7) Child-care microcenters shall not be required to provide meals or transportation to children enrolled in the program. (8) Playgrounds shall be optional for child-care microcenters, but a program shall have a plan for gross motor activity. (9) Child-care microcenters may utilize mixed age group child care, but the licensed capacity of the child-care microcenter shall be based on the youngest child served in the center. (10) The cabinet shall ensure that the application and approval process for child-care microcenters is efficient and streamlined, and the application fee for a child-care microcenter shall be cost-effective. (11) Only eligible applicants may be approved to operate a child-care microcenter. (12) The cabinet shall begin accepting and approving child-care microcenter applications from eligible applicants no earlier than July 1, 2027. (13) The cabinet shall approve or deny an application within ninety (90) days of receipt. If an application is denied, the cabinet shall notify the applicant and explain its reasoning. (14) In reviewing and approving applications, the cabinet shall prioritize applications from eligible applicants that: (a) Seek to provide services in an opportunity zone or rural area; (b) Seek to provide services to parents of children with nontraditional work hours; or (c) Involve community partnerships with entities including but not limited to employers, schools, or faith-based organizations. (15) The cabinet shall authorize no more than ten (10) child-care microcenters to operate in the state at one (1) time, with no more than two (2) child-care microcenters allowable within a single county. (16) The cabinet shall develop an outreach plan to raise awareness of the program. This plan shall include partnerships with nonprofits and local child care resource and referral agencies in different parts of the state. (17) (a) By December 1, 2027, the cabinet shall submit a report to the Legislative Research Commission for referral to the Interim Joint Committee on Families and Children detailing the number of applications received, the number of applications approved, the locations of approved and denied applications, the number of children being served, and the number and nature of approved and denied variances. (b) By December 1, 2028, the cabinet shall submit a report to the Legislative Research Commission for referral to the Interim Joint Committee on Families and Children containing updated information on all components in paragraph (a) of this subsection, and also include commentary from the cabinet on the efficacy of the program in achieving the legislative intent of the program outlined in this section. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 146, sec. 4, effective April 14, 2026.

KRS 199.8912 Required annual training hours -- Conditions for child in support program

199.8912. Required annual training hours -- Conditions for child in support program (1) Of the required hours of cabinet-approved early care and education training that shall be completed each year between July 1 and June 30 for: (a) Licensed child-care providers, at least three (3) of those training hours shall focus on working with children with special needs. This requirement shall begin the first year of employment in a licensed child -care program and continue each subsequent year; and (b) Certified family child-care home providers, at least two (2) of those training hours shall focus on working with children with special needs. This requirement shall begin in the first year of employment in a certified family child-care home program and continue each subsequent year. (2) (a) If a child in a licensed or certified child-care program is offered support programs, such as developmental therapy or academic intervention, through an individualized family service plan or an individualized education program created in accordance with the Individuals with Disabilities Education Act, Part B or C, and the child’s parent or caregiver has submitted written notification describing the support program to the licensed or certified child - care provider, then a licensed or certified child-care provider shall not prevent the diagnostician, therapist, or interventionist from being present on the premises of the child-care center or family child -care home for the purpose of providing services to that child. (b) This subsection shall not be construed to require personnel of a local school district to provide support programs on the premises of a licensed or certified child-care program. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 146, sec. 5, effective April 14, 2026.

KRS 199.8913 Required monthly reporting -- Information required

199.8913. Required monthly reporting -- Information required (1) Beginning December 1, 2026, and every month thereafter, the Education and Labor Cabinet, in coordination with the Cabinet for Health and Family Services, shall compile and produce a monthly report providing a comprehensive snapshot of all licensed and certified child-care providers, Head Start services, child care services regulated by the United States Department of Defense, and state -funded public preschool services operating within the Commonwealth. (2) The report shall include statewide and regional cou nts of the number of each of these services at the time of the snapshot, and to the greatest extent possible provide additional information, including but not be limited to: (a) The name and physical address of each service provider; (b) The type of licensure or certification held by each service provider; (c) The licensed capacity of each service provider; (d) The number of child care and early childhood education professionals at each service provider, and in total on a statewide and regional basis; (e) Whether or not a program’s services are half-day or full-day; (f) The actual enrollment by age group of each service provider, if available; and (g) If actual enrollment is unavailable, an estimated actual capacity reflecting the number of children the provider can accommodate based on operational considerations, including staffing levels and available physical space. (3) The report shall be organized at both the statewide and regional or county level. (4) The Education and Labor Cabinet shall make the report publicly available through a searchable, user-friendly online database. The database shall: (a) Be updated monthly; (b) Include a historical archive of past reports; and (c) Be maintained in a manner that supports access and use by the public, policymakers, and researchers. (5) This section shall not be construed to authorize the release of personally identifiable information of enrolled children or staff. (6) As part of the first report on December 1, 2 026, the cabinet shall include a historical analysis of the availability of child care and early childhood education services on both a statewide and regional basis to illustrate how the availability of child care services in the Commonwealth has changed o ver time. (7) By July 1, 2027, or earlier if determined feasible, the Cabinet for Health and Family Services shall develop and implement processes to track the real capacity of licensed and certified child care services in the Commonwealth. The cabinet sha ll ensure that its processes are minimally burdensome on licensed and certified child - care providers. To the greatest extent possible, the cabinet shall collect and report real capacity information for individual age groups of children. (8) The cabinet shall make information on real capacity available to the public and shall report this information to the Education and Labor Cabinet on at least a quarterly basis. (9) Beginning July 1, 2027, the Education and Labor Cabinet, in coordination with the Cabinet for Health and Family Services, shall develop and publish an objective quarterly report comparing the supply of licensed and certified child care services in the Commonwealth to the potential need for child care services. This information shall be made available on a statewide, regional, and county-level basis and is intended to help policymakers and individual communities understand gaps between available child care services and the potential need. (10) As used in this section: (a) "Potential need for child care services" means children under the age of six (6) with all available parents in the labor force according to the American Community Survey; (b) "Real capacity" means the number of children that a child care service is actively enrolling in its program at the time in which the analysis of real capacity is being conducted; and (c) "Supply of licensed and certified child care services" means the total number of children under the age of six (6) that child care services within a geographic area are actively enrolling at the time in which the analysis is being conducted. If this information is not available, the total licensed capacity for licensed and certified services may be used, provided that capacity is restricted to services for children under the age of six (6). The report shall also include an accounting of services provided by the United States Department of Defense, the Office of Head Start, and state-funded public preschool programs. (11) The report shall utilize a distance-based methodology to account for cross-state and cross-county interactions between children and licensed and certified child-care providers. The report shall be made publicly available. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 146, sec. 6, effective April 14, 2026.

KRS 199.8914 Voluntary designation process for faith-based program -- Conditions

199.8914. Voluntary designation process for faith-based program -- Conditions (1) The Cabinet for Health and Family Services shall establish a voluntary designation process through which any licensed or certified child -care provider may identify as a faith-based program. (2) The faith-based designation shall be displayed in all public-facing child-care databases maintained or overseen by the Commonwealth. The cabinet shall work to ensure that nonprofits, organizations, and local communities in Kentucky that maintain public-facing child-care databases are aware of this designation process. (3) Participation in the designation process shall be optional and open to all licensed and certified child-care providers. (4) The presence or absence of a faith-based designation shall not be used by the cabinet or any other state agency to confer preferential treatment, impose limitations, or otherwise discriminate for or against any child-care provider. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 146, sec. 7, effective April 14, 2026.

KRS 199.8915 Required annual reporting by Office of State Budget Director

199.8915. Required annual reporting by Office of State Budget Director (1) By October 1, 2026, and annually thereafter, the Office of State Budget Director shall produce a comprehensive report outlining all state and federal spending on child care and early childhood education services in the prior state fiscal year, including but not limited to licensed and certified child-care providers and preschool services. The report shall include: (a) All federal dollars that were received, appropriated, and allocated and shall clarify what federal programs provided funding, how much funding was provided, and what Kentucky programs these funds supported; (b) All state dollars, including but not limited to general fund and tobacco settlement dollars, that were appropriated and allocated to child care and early childhood education programs in Kentucky; (c) An explanation of instances where federal dollars were braided or combined with other federal funding streams to support programs, including instances where federal dollars for child care were rolled into other programs or where federal dollars not intended for child care were rolled into child-care programs; (d) An explanation of any budget allotment modifications concerning child-care services or early childhood education services; and (e) An inventory of all state programs receiving state or federal funding, or a combination thereof, and list their total funding amounts along with a breakdown of the specific funding sources for each program. (2) To produce the annual report, the Office of State Budget Director shall: (a) Consult with the Cabinet for Health and Family Services, the Education and Labor Cabinet, the Department of Education, the Governor’s Office of Early Childhood, and the Department of Revenue; and (b) Work collaboratively with the Interim Joint Committees on Families and Children and Appropriations and Revenue. (3) The Office of State Budget Director shall submit the report to the Legislative Research Commission for referral to the Interim Joint Committees on Families and Children and Appropriations and Revenue. The report shall be made available to the public. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 146, sec. 8, effective April 14, 2026.

KRS 199.8916 Cabinet to submit approval request -- Kentucky Child Care Advisory Council to review

199.8916. Cabinet to submit approval request -- Kentucky Child Care Advisory Council to review (1) The Cabinet for Health and Family Services shall submit an approval request to the federal Administration for Children and Families to utilize a cost estim ation model to inform payment rates beginning with the federal fiscal year 2028 -2030 Child Care and Development Fund state plan. The cost -estimation model shall incorporate program factors, including but not limited to provider type; hours and seasons of operation; child age range served; geography; level of quality; staff salaries and benefits; facilities, including utilities, maintenance, and insurance; training and professional development; curricula; and supplies. (2) In developing the approval request, the cabinet shall consult regularly with the Kentucky Child Care Advisory Council, and the council shall have an opportunity to review the request before the cabinet submits it. (3) It is the intent of the General Assembly to ensure that the state’s metho dology for setting rates for reimbursement to licensed and certified child -care providers serving children under the Child Care and Development Fund program accounts for the costs incurred by providers to serve these children in addition to estimated market rates. (4) (a) As used in this section, "Child Care Assistance Program" means Kentucky’s child-care subsidy program providing families who meet eligibility requirements established by the cabinet, with the financial resources to find and afford quality child care in accordance with the Child Care and Development Fund as defined in 45 C.F.R. sec. 98.2. (b) To the extent funds are available and to the extent allowable under federal law, the cabinet shall exclude all earned and unearned income from the eligibility determination for the Child Care Assistance Program if an applicant: 1. Meets all nonincome-related requirements for program eligibility as determined by the cabinet; and 2. a. Has verified employment in a regulated licensed Type I or licensed Type II child-care program, a child-care microcenter program, or a certified family child-care home; or b. Is the owner or operator of a certified family child -care home or licensed Type II child-care program. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 146, sec. 9, effective April 14, 2026.

KRS 199.8941 Monetary incentives for child-care facilities -- Professional development

199.8941. Monetary incentives for child-care facilities -- Professional development (1) To the extent that funds are available, the Cabinet for Health and Family Services, in consultation with the Early Childhood Advisory Council, shall, by administrative regulation promulgated in accordance with KRS Chapter 13A, establish a program of monetary incentives including but not limited to an increased child-care subsidy and a one-time merit achievement award for child-care centers and certified family child-care homes that are tied to a quality rating system for child care as established under KRS 199.8943. (2) The monetary incentive program shall be reviewed annually by the cabinet, in consultation with the council, for the purpose of determining future opportunities to provide incentives. (3) Participation in the program of monetary incentives and in the quality rating system by public-funded child-care centers and certified family child-care homes is mandatory. (4) The Cabinet for Health and Family Services shall encourage the professional development of persons who are employed or provide training in a child-care or early childhood setting by facilitating their participation in the scholarship program for obtaining a child development associate credential, postsecondary certificate, diploma, degree, or specialty credential as established under KRS 164.518. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 112, sec. 2, effective July 14, 2018. -- Amended 2015 Ky. Acts ch. 16, sec. 2, effective June 24, 2015. -- Amended 2013 Ky. Acts ch. 57, sec. 3, effective June 25, 2013. -- Amended 2005 Ky. Acts ch. 99, sec. 194, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 308, sec. 14, effective July 14, 2000.

KRS 199.8943 Quality-based graduated early care and education program rating system -- Administrative regulations

199.8943. Quality-based graduated early care and education program rating system -- Administrative regulations (1) As used in this section: (a) "Federally funded time-limited employee" has the same meaning as in KRS 18A.005; (b) "Primary school program" has the same meaning as in KRS 158.031(1); and (c) "Public-funded" means a program which receives local, state, or federal funding. (2) The Early Childhood Advisory Council shall, in consultation with early care and education providers, the Cabinet for Health and Family Services, and others, including but not limited to child-care resource and referral agencies and family resource centers, Head Start agencies, and the Kentucky Department of Education, develop a quality-based graduated early care and education program rating system for public-funded licensed child-care and certified family child-care homes, public- funded preschool, and Head Start, based on but not limited to: (a) Classroom and instructional quality; (b) Administrative and leadership pract ices; (c) Staff qualifications and professional development; and (d) Family and community engagement. (3) (a) The Cabinet for Health and Family Services shall, in consultation with the Early Childhood Advisory Council, promulgate administrative regulations in accordance with KRS Chapter 13A to implement the quality -based graduated early childhood rating system for public -funded child-care and certified family child-care homes developed under subsection (2) of this section. (b) The Kentucky Department of Education shall, in consultation with the Early Childhood Advisory Council, promulgate administrative regulations in accordance with KRS Chapter 13A to implement the quality -based graduated early childhood rating system, develope d under subsection (2) of this section, for public-funded preschool. (c) The administrative regulations promulgated in accordance with paragraphs (a) and (b) of this subsection shall include: 1. Agency time frames of reviews for rating; 2. An appellate process under KRS Chapter 13B; and 3. The ability of providers to request reevaluation for rating. (4) The quality-based early childhood rating system shall not be used for enforcement of compliance or in any punitive manner. (5) The Early Childhood Advisory Council, in consultation with the Kentucky Center for Education and Workforce Statistics, the Kentucky Department of Education, and the Cabinet for Health and Family Services, shall report by October 1 of each year to the Interim Joint Committee on Educati on on the implementation of the quality-based graduated early childhood rating system. The report shall include the following quantitative performance measures as data becomes available: (a) Program participation in the rating system; (b) Ratings of programs by program type; (c) Changes in student school-readiness measures; (d) Longitudinal student cohort performance data tracked through student completion of the primary school program; and (e) Long-term viability recommendations for sustainability at the end of the Race to the Top-Early Learning Challenge grant. (6) By November 1, 2017, the Early Childhood Advisory Council and the Cabinet for Health and Family Services shall report on recommendations and plans for sustaining program quality after the depletion of federal Race to the Top-Early Learning Challenge grant funds. (7) Any federally funded time-limited employee personnel positions created as a result of the federal Race to the Top-Early Learning Challenge grant shall be eliminated upon depletion of the grant funds. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 8, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 211, sec. 25, effective January 1, 2023; and ch. 223, sec. 9, effective January 1, 2023. -- Amended 2018 Ky. Acts ch. 112, sec. 3, effective July 14, 2018; and ch. 159, sec. 52, effective July 14, 2018. -- Amended 2015 Ky. Acts ch. 16, sec. 1, effective June 24, 2015. -- Amended 2013 Ky. Acts ch. 57, sec. 4, effective June 25, 2013. -- Amended 2005 Ky. Acts ch. 99, sec. 195, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 308, sec. 15, effective July 14, 2000.

KRS 199.8944 Definition of "program" -- Legislative intent for program -- Express authorization from General Assembly required for administrative or regulatory change -- Requirements for plan -- Consultation with Kentucky Child Care Advisory Council -- Report required

199.8944. Definition of "program" -- Legislative intent for program -- Express authorization from General Assembly required for administrative or regulatory change -- Requirements for plan -- Consultation with Kentucky Child Care Advisory Council -- Report required (1) As used in this section, "program" means the quality -based graduated early care and education program rating system established under KRS 199.8943. (2) It is the intent of the General Assembly that the program shall meaningfully and effectively support voluntary participation by licensed and certified child -care providers in building and maintaining high-quality early learning services for children across the Commonwealth. To that end, the General Assembly intends for the program to: (a) Feature objective and measurable intended outcomes; (b) Include long-term strategies for empirically assessing and validating the efficacy of the program and routinely studying it to ensure continuous improvement; (c) Be predicated upon proven methods and standards that reflect the consensus of the highest-quality academic research on early childhood development; (d) Align with state licensing and certification requirements and avoid duplication between those requirements and the program to the greatest extent possible; (e) Offer effective financial incentives to encourage and enable providers to participate in the program and to strive for the highest possible rating under the program; (f) Offer accessible and high-impact training opportunities for child -care providers and their staff to ensure that they are able to successfully participate in the program and advance their services to higher rating levels; (g) Utilize digital administrative tools that are easy to use and minimize compliance burdens associated with participating in the program; (h) Be accompanied by a robust outreach program that involves partnerships with community-based stakeholders to ensure that providers, parents, and employers are fully aware of the program and its benefits to children; (i) Be simple and easy to understand for parents; (j) Include a digital, public-facing data system that is accessible to the general public and researchers; (k) Provide streamlined compliance processes for multisite operators to reduce administrative burdens; and (l) Allow for flexibility within rating levels in order to accommodate different approaches to providing high-quality services, provided that these approaches are informed by research and the consensus of early childhood education professionals. (3) (a) On or after April 14, 2026, the Cabinet for Health and Family Services shall not make any administrative or regulatory changes to the program unless explicitly authorized to do so by the General Assembly or unless a change is required to conform with federal law or to access federal funding. If the cabinet determines that administrative or regulatory changes to the program are necessary in accordance with this paragraph, the cabinet shall first notify the Interim Joint Committee on Families and Children before initiating any changes. (b) Notwithstanding paragraph (a) of this subsection, the cabinet shall, in consultation with the Family Child Care Network of Kentucky, promulgate administrative regulations in accordance with KRS Chapter 13A to incorporate setting-aligned quality standards under the program for certified family child-care homes and licensed Type II child-care centers by October 1, 2026. (4) Any established metrics or intended outcomes associated with the program, or strategies to evaluate the efficacy of the program, shall respect the privacy of children, families, and licensed and certified child-care providers, and shall account for programs for children with special needs, children in the welfare system, and children from economically disadvantaged households. (5) This section shall not be construed to limit or prohibit aspects of the program that are not mentioned in this section. (6) By October 1, 2026, the cabinet shall submit to the Legislative Research Commission a written plan outlining a process through which it will develop recommendations to modernize the program and align it with the General Assembly’s intent as expressed in this section for referral to the Interim Joint Committees on Families and Children, Education, and Appropriations and Revenue and the Tobacco Settlement Agreement Fund Oversight Committee. (7) The modernization process plan submitted by the cabinet shall include but not be limited to: (a) Strategies for robust engagement with impacted stakeholders, including but not limited to licensed and certified child-care providers, early childhood educators employed in regulated child-care programs, parents of young children, parents of children with special needs, parents of children benefiting from the Child Care and Development Fund as defined in 45 C.F.R. sec. 98.2, elementary school teachers, special education teachers, school district superintendents, and school principals; (b) Strategies for robust engagement with outside experts, including but not limited to early childhood education professionals and experts, faculty at Kentucky-based colleges and universities, economists and statisticians, the federal Administration for Children and Families, and Child Care and Development Fund administrators in other states; (c) Strategies for utilizing the Kentucky Child Care Advisory Council as a source for feedback and guidance; (d) Strategies for utilizing technical assistance, financial, and programmatic support from the federal government where applicable; (e) Strategies for updating and seeking feedback from the General Assembly and other executive branch agencies; (f) Clear timelines, including expected project milestones, with the intention of producing final recommendations to the Legislative Research Commission for modernization and alignment by no later than December 1, 2027; and (g) Estimates of projected costs to successfully carry out the modernization process plan, including potential costs for third-party contractors. (8) In developing the modernization process plan, the cabinet shall consult regularly and consistently with the Kentucky Child Care Advisory Council. The council shall provide feedback and guidance to the cabinet throughout the process. Prior to the submission of the plan to the Legislative Research Commission, the cabinet shall submit the plan to the council for a review and shall communicate comments and feedback from the council regarding the plan to the Commission. (9) By December 1, 2027, the cabinet shall submit its final recommendations for modernizing the program and aligning it with the General Assembly’s intent, as expressed in this section, to the Legislative Research Commission for referral to the Interim Joint Committees on Families and Children, Education, and Appropriations and Revenue and the Tobacco Settlement Agreement Fund Oversight Committee. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 146, sec. 1, effective April 14, 2026.

KRS 199.8945 Healthy Start in Child Care Program -- Technical assistance for child- care providers

199.8945. Healthy Start in Child Care Program -- Technical assistance for child- care providers (1) The secretary of the Cabinet for Health and Family Services shall work to achieve the goals of the Healthy Start in Child Care Program as follows: (a) To train and educate child-care providers in health and safety; (b) Provide nutrition consultation to parents; (c) Increase awareness of methods for the prevention of communicable diseases in child-care settings; and (d) Provide information to parents of children who attend child care. (2) The Cabinet for Health and Family Services shall establish technical assistance positions dedicated to child care within the Kentucky child-care resource and referral agencies in order to offer technical assistance to child-care providers to upgrade quality in early child-care and education facilities. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 47, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 308, sec. 16, effective July 14, 2000.

KRS 199.8951 Use of epinephrine auto-injectors in child-care centers and family child- care homes -- Administrative regulations

199.8951. Use of epinephrine auto-injectors in child-care centers and family child- care homes -- Administrative regulations (1) A child-care center licensed under KRS 199.896 and a family child-care home certified under KRS 199.8982 may comply with KRS 311.646 and obtain a prescription for epinephrine auto-injectors. These epinephrine auto-injectors shall be stored in a secure, accessible, readily available location not accessible to children, for quick administration. (2) The cabinet shall promulgate administrative regulations governing epinephrine auto-injectors in licensed child-care centers and certified family child-care homes, including: (a) Any center- or home-specific requirements that the cabinet deems necessary for the safe and proper storage, administration, and disposal of epinephrine auto-injectors; (b) A written plan of action in case of an emergency necessitating the administration of an epinephrine auto-injector in a center or home; and (c) A written notice that is provided to a child's parents, custodians, or guardians stating that the center or home has epinephrine auto-injectors at the center or home and that the center or home will notify a child's parents, custodians, or guardians when a epinephrine auto-injector is used on their child. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 122, sec. 1, effective July 15, 2016.

KRS 199.8962 Required standards for child-care centers licensed under KRS 199.896 -- Administrative regulations

199.8962. Required standards for child-care centers licensed under KRS 199.896 -- Administrative regulations (1) Child-care centers licensed pursuant to KRS 199.896 shall have the following standards: (a) Nutrition standards, if the child-care center provides food, that are consistent with the meal and snack patterns of the most recent version of the United States Department of Agriculture’s Food and Nutrition Service standards for the Child and Adult Care Food Program. These nutrition standards do not apply to food that is brought from a child's home; (b) Physical activity standards; (c) Screen time standards; and (d) Sugary drink standards. (2) The cabinet shall, within ninety (90) days of July 15, 2020, promulgate administrative regulations, in consultation with the Kentucky Early Childhood Advisory Council established pursuant to KRS 200.700, the Kentucky Child Care Advisory Council established pursuant to KRS 199.8983, and state and national organizations that have expertise in nutrition, physical activity, screen time, and sugary drink standards, to establish the requirements and procedures for the implementation of the standards established in this section. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 8, sec. 1, effective July 15, 2020.

KRS 199.8965 Child care staff members must submit to background checks in accordance with federal law and regulations -- Administrative regulations

199.8965. Child care staff members must submit to background checks in accordance with federal law and regulations -- Administrative regulations (1) For the purposes of this section, "child care staff member" has the same meaning as in 42 U.S.C. sec. 9858f and the implementing federal rules. (2) The cabinet shall require a child care staff member to submit to background checks in accordance with 42 U.S.C. sec. 9858f and the implementing federal rules, including national and state fingerprint-supported criminal background checks by the Department of Kentucky State Police and the Federal Bureau of Investigation. (3) The child care staff member shall provide the member's fingerprints to the Department of Kentucky State Police for submission to the Federal Bureau of Investigation after a state criminal background check is conducted. (4) The results of the national and state criminal background checks shall be sent to the cabinet. (5) The cabinet may register a child care staff member in the rap back system. (6) The request for background checks shall be in a manner approved by the Justice and Public Safety Cabinet, and the cabinet may charge a fee to be paid by a child care staff member for the actual cost of processing the request. (7) Any fee charged by the Department of Kentucky State Police or the Federal Bureau of Investigation shall be an amount no greater than the actual cost of processing the request and conducting the criminal background check and rap back system ongoing status notification. (8) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. Effective:March 27, 2017 History: Created 2017 Ky. Acts ch. 135, sec. 4, effective March 27, 2017.

KRS 199.8982 Family child-care home certification program -- When required -- Requirements for certification -- Unannounced inspection -- Use of information -- Authority to promulgate administrative regulations -- Hearing - - Emergency action -- Training -- Powers of local government in regulation of certified family child-care homes -- Exemptions

199.8982. Family child-care home certification program -- When required -- Requirements for certification -- Unannounced inspection -- Use of information -- Authority to promulgate administrative regulations -- Hearing - - Emergency action -- Training -- Powers of local government in regulation of certified family child-care homes -- Exemptions (1) (a) The cabinet shall establish a family child -care home certification program which shall be administered by the department. A family child -care provider shall apply for certification of the provider's home if the provider is caring for four (4) to six (6) children unrelated to the provider. A family child -care provider caring for three (3) or fewer children may apply for certification of the provider's home at the discretion of the provider. Applicants for certification shall not have been found by the cabinet or a court to have abused or neglected a child, and shall meet the following minimum requirements: 1. Submit two (2) written character references; 2. Provide a written statement from a physician or advanced practice registered nurse that the applicant is in good health; 3. Submit to a criminal record check in accordance with KRS 199.8965; 4. Provide smoke detectors, a telephone, an adequate water supply , sufficient lighting and space, and a safe environment in the residence in which care is provided; 5. Provide a copy of the results of a tuberculosis risk assessment and the results of any appropriate follow-up with skin testing or chest X-ray for applicants who are determined to be at risk for developing tuberculosis in accordance with the recommendations of the Centers for Disease Control and Prevention within thirty (30) days of the date of application for certification; and 6. Demonstrate completion of a total of at least six (6) hours of training in the following areas within three (3) months of application for certification: a. Basic health, safety, and sanitation; b. Recognizing and reporting child abuse; and c. Developmentally appropriate child-care practice. (b) Initial applications for certification shall be made to the department. The cabinet may promulgate administrative regulations to establish fees that shall not exceed costs of the program to the cabinet, for proper administration of the certification. The department shall issue a certificate of operation upon inspecting the family child -care home and determining the provider's compliance with the provisions of this section. The inspection shall be unannounced. A certificate of operation issued pursuant to this section shall not be transferable and shall be renewed every two (2) years for a fee that shall not exceed costs of the program to the cabinet for renewal. (c) A certified family child-care provider shall display the certificate of operation in a prominent place within the residence in which care is provided. The cabinet shall provide the certified family child-care provider with written information explaining the requirements for a family day-care provider and instructions on the method of reporting violations of the requirements which the provider shall distribute to parents. (d) Upon request of any person, the cabinet shall provide information regarding the denial, revocation, suspension, or violation of any type of day-care license of the family child-care provider. Identifying information regarding children and their families shall remain confidential. (e) The cabinet shall provide, upon request, public information regarding the inspections of and the plans of correction for the family child-care home within the past year. All information distributed by the cabinet under this paragraph shall include a statement indicating that the reports as provided under this paragraph from the past five (5) years are available from the family child-care home upon the parent's, custodian's, guardian's, or other interested person's request. (f) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A which establish standards for the issuance, monitoring, release of information under this section and KRS 199.896 and 199.898, renewal, denial, revocation, and suspension of a certificate of operation for a family child-care home and establish criteria for the denial of certification if criminal records indicate convictions that may impact the safety and security of children in care. A denial, suspension, or revocation of a certificate may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B. If the cabinet has probable cause to believe that there is an immediate threat to the public health, safety, or welfare, the cabinet may take emergency action to suspend a certificate pursuant to KRS 13B.125. The cabinet shall promulgate administr ative regulations to impose minimum staff-to-child ratios. The cabinet may promulgate administrative regulations relating to other requirements necessary to ensure minimum safety in family child-care homes. The cabinet shall develop and provide an easy-to-read guide containing the following information to a family child-care provider seeking certification of his or her home: 1. Certification requirements and procedures; 2. Information about available child-care training; and 3. Child-care food sponsoring organizations. (2) Family child-care providers shall annually demonstrate to the department completion of at least six (6) hours of training in child development. These hours shall include but are not limited to: (a) One and one-half (1.5) hours one (1) time every five (5) years of continuing education in the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020. Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric abusive head trauma approved by the secretary of the Cabinet for Health and Family Services; and (b) One (1) hour one (1) time every three (3) years of continuing education in the recognition and prevention of pediatric ingestion or inhalation of controlled substances. The continuing education required under this subsection shall be included in the current number of required continuing education hours. (3) The cabinet shall, either through the development of or approval of, make available a model training curriculum and training materials, including video instructional materials, to cover the areas specified in subsection (1)(a)6. of this section. The cabinet shall develop or approve the model training curriculum and training materials to cover the areas specified in subsection (1)(a)6. of this section. (4) (a) As used in this subsection "local government" means a city, county, charter county, urban-county government, consolidated local government, or unified local government. (b) The provisions of this section shall supersede all local government ordinances or regulations pertaining to the certification, licensure, and training requirements related to the operation of family child-care homes and a local government shall not adopt or enforce any additional licensure, certification, or training requirements specifically applicable to family child-care homes in addition to those provided in this section. This subsection shall not be interpreted or construed to exempt family child-care homes from compliance with local government ordinances and regulations that apply generally within the jurisdiction. (c) Because the availability of adequate child-care as an essential business is vital to the Commonwealth's state and local economies, a local government that has adopted land use regulations pursuant to KRS Chapter 100 shall specifically name family child-care homes in the text of its zoning regulations to authorize the board of adjustments to separately consider the applications of proposed family child-care homes for conditional use permits within the residential zones of the planning unit where they are not a fully permitted use pursuant to KRS 100.237. (5) Notwithstanding any state law or administrative regulation to the contrary: (a) A child-care provider located on a military installation or military facility that is licensed or certified as a family child-care provider by the United States Department of Defense (DOD), any branch of the Armed Forces as defined in KRS 40.010, the National Guard, or reserve component thereof shall be exempt from the requirements of this section; (b) For a pilot period of two (2) years, beginning July 1, 2026, through June 30, 2028, a family child-care home shall be exempt from the requirements of this section if it is: 1. Located outside of the boundaries of a military installation of any branch of the Armed Forces as defined in KRS 40.010; 2. Providing child care exclusively to children eligible for care under the DOD Instruction 6060.02; 3. Has a certificate issued by the DOD to provide child care; and 4. Has completed background screening by the DOD pursuant to 34 U.S.C. sec. 20351 and 32 C.F.R. pt. 86 and has received a favorable suitability and fitness determination; (c) During the pilot period established in paragraph (b) of this subsection: 1. The regulatory authority having oversight of family child care-homes for each respective military installation shall: a. Be responsible for registering each DOD -certified family child- care home with the cabinet by providing, upon certification: i. Name of the family child-care home operator; ii. Address of the family child-care home; iii. Military installation providing oversight over the family child-care home; iv. Number of children permitted to be served by the family child-care home; and v. Number of children actively enrolled in the family child-care home; b. Provide the cabinet with updates to its registrations on a quarterly basis; and c. Immediately notify the department when the DOD adds or removes a family child-care home operating under this subsection from its registry or closes a family child -care home for cause; 2. In the event the program's DOD certification as a family child -care home operator is suspended or terminated due to noncompliance with the health, safety, or licensing standards or there is sub stantiated evidence of child abuse, neglect, or endangerment, the operator shall be ineligible to apply for a child -care license or certification pursuant to this chapter and, if voluntarily certified by the cabinet under this chapter, shall be subject to an administrative action revoking its child - care certification; and 3. If the DOD substantiates child abuse, neglect, or endangerment, the operator shall have the operator's name placed on the Kentucky Child Abuse and Neglect Central Registry and shall not be employed at any state-regulated child care program; and (d) The Cabinet for Health and Family Services shall provide two (2) reports on the registration data required in paragraph (c) of this subsection to the Legislative Research Commission for referr al to the Interim Joint Committee on Families and Children, with the first due by December 1, 2026, and the second due by December 1, 2027. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 19, effective July 15, 2026; and ch. 146, sec. 15, effective April 14, 2026. -- Amended 2021 Ky. Acts ch. 172, sec. 2, effective March 30, 2021. -- Amended 2018 Ky. Acts ch. 136, sec. 6, effective July 1, 2019. -- Amended 2017 Ky. Acts ch. 135, sec. 6, effective March 27, 2017. -- Amended 2010 Ky. Acts ch. 85, sec. 71, effective July 15, 2010; and ch. 171, sec. 8, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 144, sec. 1, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 14, sec. 24, effective July 14, 2000; and ch. 308, sec. 19, effective July 14, 2000;. -- Amended 1998 Ky. Acts ch. 426, sec. 158, effective July 15, 1998; and ch. 524, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 91, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 57, sec. 2, effective July 14 , 1992. Legislative Research Commission Note (7/15/2026). This statute was amended by 2026 Ky. Acts chs. 68 and 146, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (7/14/2000). This section was amended by 2000 Ky. Acts chs. 14 and 308, which are in conflict. Under KRS 446.250, Acts ch. 308, which was last enacted by the General Assembly, prevails.

KRS 199.8983 Kentucky Child Care Advisory Council -- Membership -- Duties -- Annual report

199.8983. Kentucky Child Care Advisory Council -- Membership -- Duties -- Annual report (1) There is hereby created the Kentucky Child Care Advisory Council to be composed of thirty-four (34) members. The members appointed by the Governor shall serve a term of three (3) years. The appointed members of the council shall be geographically and culturally representative of the population of the Commonwealth and shall be no less than proportionally representative of the two (2) leading political parties of the Commonwealth based on the state's voter registration and the political affiliation of each appointee as of December 31 of the year preceding the date of his or her appointment. For administrative purposes, the council shall be attached to the departmen t. The members shall be as follows: (a) The commissioner of the department, or designee; (b) Four (4) members appointed by the Governor representing child -care center providers licensed pursuant to this chapter; (c) Two (2) members appointed by the Governo r representing family child -care home providers licensed pursuant to this chapter; (d) Three (3) members appointed by the Governor who are parents, de facto custodians, guardians, or legal custodians of children receiving services from child-care centers or family child-care homes licensed pursuant to this chapter; (e) Two (2) members appointed by the Governor representing local child -care resource and referral agencies; (f) One (1) member appointed by the Governor with a professional background in economics from a list of names provided by the president of the Council on Postsecondary Education; (g) Two (2) members appointed by the Governor with professional backgrounds in, or specialized knowledge of, child care and early childhood issues from a list of names provided by the President of the Senate; (h) Two (2) members appointed by the Governor with professional backgrounds in, or specialized knowledge of, child care and early childhood issues from a list of names provided by the Speaker of the House of Rep resentatives; (i) One (1) member appointed by the Governor with a professional background in, or specialized knowledge of, child care and early childhood issues from a list of names provided by the Minority Floor Leader of the Senate; (j) One (1) member appointed by the Governor with a professional background in, or specialized knowledge of, child care and early childhood issues from a list of names provided by the Minority Floor Leader of the House of Representatives; (k) Three (3) members appointed by the Governor from the private sector who are knowledgeable about education, health, and development of children; (l) The director of the Division of Child Care within the department, or designee, as a nonvoting ex officio member; (m) The commissioner of education, Education and Labor Cabinet, or designee, as a nonvoting ex officio member; (n) The executive director of the Governor's Office of Early Childhood, or designee, as a nonvoting ex officio member; (o) The commissioner of the Department for Public Health within the cabinet, or designee, as a nonvoting ex officio member; (p) The state fire marshal, Public Protection Cabinet, or designee, as a nonvoting ex officio member; (q) The executive director of the Kentucky Center for Statistics, or designee; (r) The two (2) co-chairs of the Interim Joint Committee on Families and Children who shall be nonvoting members; (s) The two (2) co-chairs of the Interim Joint Committee on Appropriations and Revenue's Budget Review Subcommittee on Health and F amily Services who shall be nonvoting members; and (t) The two (2) co-chairs of the Interim Joint Committee on Education who shall be nonvoting members. (2) The council shall have two (2) co -chairpersons. One (1) co-chairperson shall be the commissioner of the department, or designee, and one (1) co -chairperson shall be elected by the voting members of the council. (3) Members shall serve until a successor has been appointed. If a vacancy on the council occurs, the Governor shall appoint a replacement for t he remainder of the unexpired term. (4) Members shall serve without compensation but shall be reimbursed for reasonable and necessary expenses in accordance with state travel expenses and reimbursement administrative regulations. (5) The council shall meet at least quarterly and at other times upon call of the co - chairpersons. (6) The council shall advise the cabinet on matters affecting the operations, funding, and licensing of child-care centers, child-care microcenters as defined in KRS 199.8911, family child-care homes, and other matters as directed by the General Assembly. The council shall provide input and recommendations for ways to improve quality, access, and outcomes. (7) The council shall make an annual report by December 1 each year that provide s summaries of its actions and discussions from that year and recommendations to address the availability, affordability, accessibility, and quality of child care in the Commonwealth. A copy of the annual report shall be posted on the cabinet's website and provided to the secretary, the Governor, and the Legislative Research Commission for referral to the Interim Joint Committee on Families and Children. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 146, sec. 3, effective April 14, 2026. -- Amended 2022 Ky. Acts ch. 211, sec. 26, effective January 1, 2023; ch. 223. sec. 10, effective January 1, 2023; and ch. 236, sec. 98, effective July 1, 2022. -- Amended 2018 Ky. Acts ch. 159, sec. 53, effective July 14, 2018. -- Created 2015 Ky. Acts ch. 49, sec. 1, effective June 24, 2015.

KRS 199.8994 Uniform administration of child-care funds -- Dedicated child-care licensing surveyors

199.8994. Uniform administration of child-care funds -- Dedicated child-care licensing surveyors (1) All child-day-care funds administered by the cabinet, including Title XX of the Social Security Act, shall be administered by the Cabinet for Health and Family Services to the extent allowable under federal law or regulation and in a manner which is in the best interest of the clients to be served. To the extent permitted by federal law or regulations, requirements relating to application, eligibility, provider agreements, and payment for child-care services shall be the same regardless of the source of public funding. (2) The cabinet shall, to the extent allowable under federal law or regulation and in a manner which is in the best interest of the clients to be served, develop a system which provides a single intake point in each county through which parents seeking public subsidies for child-care services can make application. (3) The cabinet shall, subject to the extent funds are available, cooperate with the Cabinet for Health and Family Services to fund and establish dedicated child-care licensing surveyor positions within the Division of Licensed Child Care to conduct all the cabinet's child-care licensing activities. The cabinet shall have the authority to request the transfer of funds to establish these positions. Where possible, dedicated child-care surveyors shall have expertise or experience in child-care or early childhood education. (4) The targeted ratio of dedicated child-care licensing surveyor positions shall be one (1) surveyor for each fifty (50) child-care facilities in order to allow for the provision of an expedient, constructive, and thorough licensing visit. (5) The cabinet shall, in cooperation with the Division of Licensed Child Care, Cabinet for Health and Family Services, provide appropriate specialized training for child- care surveyors. (6) (a) The cabinet shall evaluate ways to improve the monitoring of unregulated child-care providers that receive a public subsidy for child care, and promulgate administrative regulations in accordance with KRS Chapter 13A that establish minimum health and safety standards, limitations on the maximum number of children in care, training requirements for a child-care provider that receives a child-care subsidy administered by the cabinet, and criteria for the denial of subsidies if criminal records indicate convictions that impact the safety and security of children in care. (b) If the cabinet has probable cause to believe that there is an immediate threat to the public health, safety, or welfare, it may take emergency action to deny a public subsidy for child-care services under KRS 13B.125. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 198, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 81, sec. 2, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 308, sec. 22, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 162, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 57, sec. 8, effective July 14, 1992.

KRS 199.8996 Reports on child-care program activity

199.8996. Reports on child-care program activity (1) The Cabinet for Health and Family Services shall prepare the following reports on child-care programs, and shall make them available upon request: (a) State and federally mandated reports on the child-care funds administered by the Department for Community Based Services; and (b) Reports on the child-care subsidy programs, training, resource and referral, and similar activities upon request by the public, the Early Childhood Advisory Council, or the Child Care Advisory Council, to the extent resources are available within the cabinet and as permitted under the Kentucky Open Records Act, KRS 61.870 to 61.884, and state and federal laws governing the protection of human research subjects. (2) The cabinet shall include the number of dedicated child-care licensing surveyor positions and the ratio of surveyors to child-care facilities within its half-year block grant status reports. (3) By November 1, 2017, the Cabinet for Health and Family Services and the Early Childhood Advisory Council shall report on recommendations and plans for sustaining the quality-based graduated early care and education program after the depletion of federal Race to the Top-Early Learning Challenge grant funds. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 9, effective June 29, 2023. -- Amended 2017 Ky. Acts ch. 80, sec. 54, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 16, sec. 4, effective June 24, 2015. -- Amended 2013 Ky. Acts ch. 57, sec. 5, effective June 25, 2013. -- Amended 2005 Ky. Acts ch. 99, sec. 199, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 308, sec. 23, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 163, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 57, sec. 9, effective July 14, 1992.

KRS 199.8998 Definitions for section -- Kentucky Kindergarten Readiness Performance- Based Child Care Incentive Pilot Program -- Reporting required

199.8998. Definitions for section -- Kentucky Kindergarten Readiness Performance- Based Child Care Incentive Pilot Program -- Reporting required (1) As used in this section: (a) "Cabinet" means the Cabinet for Health and Family Services; (b) "Type I child-care center" means a child-care center licensed by the cabinet to regularly provide child care services for: 1. Four (4) or more children in a nonresidential setting; or 2. Thirteen (13) or more children in a designated space separate from the primary residence of a licensee; (c) "Type II child-care center" means a child-care center that is the primary residence of the licensee in which child care is regularly provided for at least seven (7) but not more than twelve (12) children, including children relat ed to the licensee; and (d) "University" means the University of Kentucky. (2) By August 1, 2026, the university shall establish and operate the Kentucky Kindergarten Readiness Performance -Based Child Care Incentive Pilot Program, which shall operate from August 1, 2027, until July 31, 2029. (3) The pilot program shall: (a) Determine how to provide performance-based incentives to diverse types of early childhood education providers, child -care providers, and low-income parents in order to increase the number of children in the Commonwealth who are assessed as kindergarten rea dy; (b) Determine how to best assess applicants and distribute moneys; (c) Develop a written plan and implement assessment processes to determine kindergarten readiness for children in the Commonwealth. The university shall convene a working group to assis t in the development of the written plan and assessment processes; (d) Ensure that participants in the pilot program represent geographically and socioeconomically diverse areas of the Commonwealth; (e) Evaluate the impact of performance -based incentives implemented through the pilot program using a rigorous design framework that supports causal inferences; (f) Design, identify, and make available resources for parents to assist them in preparing children for kindergarten readiness; (g) Determine how to award funds, including but not limited to direct payments or refundable tax credits, to licensed Type I and Type II child -care centers; cabinet-regulated early childhood education providers, certified child -care homes, and registered providers; and single or married parents who qualify for the child-care subsidy administered by the cabinet pursuant to KRS 199.8994. To be eligible for funds: 1. A provider or a home shall maintain services for infants and toddlers at a ratio established by the Division of Child Care within the cabinet; 2. A provider or a home shall maintain and submit accurate and detailed records of care for any child; and 3. A parent shall submit records to verify he or she meets the requirements to receive child care subsidy funds under KRS 199.8994; (h) Establish a standard for awarding a two thousand dollar ($2,000) one (1) time award, including but not limited to direct payments or refundable tax credits, per child once a child is designated by the assessment processes as kindergarten ready as follows: 1. A full award to a licensed Type I or Type II child-care center or cabinet- regulated early childhood education provider, certified child-care home, or registered provider who meets the requirements of paragraph (g) of this subsection if the kindergarten-ready child received full-time services from the center or provider the two (2) years prior to the assessment; 2. A full award to a single or married parent who meets the requirements of paragraph (g) of this subsection if the kindergarten-ready child was cared for in the home the two (2) years prior to the assessment, regardless of the utilization of a babysitter; 3. A full award to a licensed Type I or Type II child-care center or cabinet- regulated early childhood education provider, certified child-care home, or registered provider who meets the requirements of paragraph (g) of this subsection if the child cannot be properly assessed as a kindergarten-ready child because of a formal diagnosis of a disability and the child received full-time services from the provider the two (2) years prior to the assessment; 4. A half award to a licensed Type I or Type II child-care center or cabinet- regulated early childhood education provider, certified child-care home, or registered provider who meets the requirements of paragraph (g) of this subsection if the kindergarten-ready child received half-day services from the center and attended public preschool the two (2) years prior to the assessment; and 5. Split awards may be granted to individuals or providers based on who provided full-time services or cared for the child in the two (2) years prior to the assessment; and (i) Ensure compliance with federal regulations, including but not limited to the Quality Rating and Improvement Systems as established under 45 C.F.R. pt. 98. (4) By June 1, 2027, and by June 1 annually thereafter for the duration of the pilot program, the university shall annually report on the establishment and operations of the pilot program to the Interim Joint Committee on Families and Children. (5) By January 1, 2030, the university shall submit a report to the cabinet and the Legislative Research Commission for referral to the Interim Joint Committees on Families and Children, Education, and Appropriations and Revenue that: (a) Details the findings of the pilot program; (b) If the pilot program proves successful: 1. Identifies specific mechanisms for change, including but not limited to educational curricula and family practices to best prepare preschool-age children for kindergarten readiness; 2. Includes recommendations based on the pilot program's results for optimizing performance-based child care incentives in the Commonwealth; and 3. Includes recommendations and potential obstacles for implementing the program at scale; (c) Details the assessment processes used to determine kindergarten readiness; (d) Identifies the rates of kindergarten readiness at the end of the pilot program; and (e) Includes all data generated from the pilot program, which shall be made available for public review and use in accordance with applicable federal, state, and institutional review board policies. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 146, sec. 16, effective April 14, 2026.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38096Fetched: 10/20/2026