Skip to main navigation
Skip to main content
Ky.
gov
An Official Website of the Commonwealth of Kentucky
Toggle navigation
Search for page within site
Clear Input
Chapter 3
CHAPTER 3
3.11 WORKING WITH INCARCERATED PARENTS
Chapter 4
CHAPTER 4
4.37 WORKING WITH INCARCERATED PARENTS
View Chapters
Chapters
G1
G2
G3
2
3
4
5
6
7
9
10
11
12
13
19
20
23
24
25
26
27
Resources
Quality Assurance Systems
30.1 Service Appeals
30.2 CAPTA Appeals
30.3 Service Complaints
30.4 Citizen's Review Panels
30.5 Citizen Foster Care Review Board and Interested Party Review
30.6 Continuous Quality Improvement (CQI) and the Case Review Process
Case Management
30.8 Case File Format
30.9 Case Transfer
30.10 CPS Open Records Request and Disclosure of Information
30.11 APS Open Records and Confidentiality
30.12 Request from the Public for CA/N Checks and Central Registry Checks
30.13 Archiving Closed Case File Records
30.14 Expungement of Records or Partial Records
Services and Supports
30.19 Child Care Assistance-Introduction
30.19.1 Preventive Child Care Assistance
30.19.2 Protective Child Care Assistance
30.19.3 Redetermination of Preventive and Protective Child Care Assistance
30.19.5 Closure of a Child Care Facility or Home that Provides Preventive/Protective Child Care Assistance
30.20 Drug Testing
30.21 KASPER Reports
30.22 Family Preservation
30.23 Grant Services and Eligibility-Social Services Block Grant (SSBG)
30.24 Regional Interagency Council (RIAC)
30.25 Safety Net
30.26 Community Action Agencies
30.27 Medical Support Section
30.28 Commission for Children With Special Health Care Needs
30.29 Court Appointed Special Advocates (CASA)
30.30 Student Interns and Volunteer Programs
Standards of Practice Manual
G2
30.1 Service Appeals
Effective: 6/14/2021
30.1 Service Appeals
Legal Authority
45 CFR 205.10
...
KRS Chapter 13B
...
KRS 620.180 Administrative regulations
...
921 KAR 2:055 Hearings and appeals
...
922 KAR 1:140 Foster care and adoption permanency services
...
922 KAR 1:320 Service Appeals
...
922 KAR 1:330 Child protective services
...
922 KAR 1:350 Requirements for public child welfare agency foster parents, adoptive parents, and respite care providers
...
922 KAR 1:430 Child protective services in-home case planning and service delivery
...
922 KAR 1:480 Appeal of child abuse and neglect investigative findings
...
922 KAR 1:565 Service Array for Relative and Fictive Kin Caregiver
...
922 KAR 2:100 Certification of family child-care homes
...
922 KAR 2:180 Requirements for registered child care providers in the Child Care Assistance Program
...
Introduction
Introduction
Practice Guidance
Practice Guidance
Service appeals are eligible for an administrative hearing only in the following circumstances:
A parent may request a review through an administrative hearing:
Upon denial, reduction, modification, suspension, or termination of child welfare services provided by the Cabinet for Health and Family Services (Cabinet/CHFS);
Upon closure of a child protective services case in accordance with 922 KAR 1:330 and 922 KAR 1:430;
Failure by the Cabinet to do the following:
Respond with reasonable promptness to a request for child welfare service provided by the Cabinet;
Complete a case plan;
Provide or refer for services as specified in the case plan; or
Meet the mandated timeframes for child protective services specified in 922 KAR 1:330.
A resource home parent may request a review through an administrative hearing if the Cabinet:
Fails to process reimbursement to a resource home with reasonable promptness;
Fails to provide information required by KRS 605.090;
Fails to advise an adoptive parent of availability of adoption assistance in accordance with 42 U.S.C. 673 and 922 KAR 1:050;
Fails to provide an adoptive parent, except as otherwise noted by law, with known facts regarding the:
Child;
Child’s background prior to finalization to adoption; and
Child’s biological family.
Determines the ineligibility for adoption assistance upon execution of an adoptive placement agreement under 922 KAR 1:050;
Denies a request for a change in payment level due to a change in an adoptive parent or child’s circumstances at the time of renewal of an adoption assistance agreement under 922 KAR 1:050;
Closes a resource home under 922 KAR 1:350, family preparation, except as noted; and
Denies or delays placing a child for adoption with a family outside the jurisdiction of Kentucky.
A kinship caregiver may request an administrative hearing if the:
Cabinet denies supportive services to facilitate the child’s placement with the kinship caregiver;
Cabinet denies a request for start-up costs to facilitate the child’s adjustment to the new environment with the kinship caregiver; and
Kinship caregiver is dissatisfied with an action or inaction on part of the Cabinet relating to financial assistance under the kinship care program.
A non-parent, relative, or fictive kin caregiver who receives physical custody may submit a service complaint or an appeal concerning a protection and permanency service if:
A denial, reduction, modification, suspension, or termination of child welfare services un-less a provision of Section 3(1)(f), (g), (h), (i), (j), or (n) of 922 KAR 1:320;
A cabinet denial, reduction, suspension, or termination of services or federally-funded benefits, payments, or financial assistance to which an individual may be entitled under 922 KAR Chapters 1 and 5; or
(b) A cabinet failure to act with reasonable promptness to a request for a federally-funded benefit, payment, or financial assistance to which an individual may be entitled under 922 KAR Chapters 1 and 5.
An appeal regarding the Kentucky Transitional Assistance Program (K-TAP) shall be made in accordance with 921 KAR 2:055;
An appeal concerning the Supplemental Nutrition Assistance Program (SNAP) shall be made in accordance with 921 KAR 3:060 or 921 KAR 3:070;
An appeal concerning the Child Care Assistance Program (CCAP) shall be made in accordance with 921 KAR 2:055, 922 KAR 2:020, or 922 KAR 2:260;
An applicant may request an administrative hearing if the Cabinet determines the following:
The applicant is ineligible for a tuition waiver; or
The applicant is ineligible for an educational and training voucher.
An adult may request an administrative hearing if the Cabinet:
Denies a general adult service or protective service to an adult identified as a victim of abuse, neglect, or exploitation; or
Fails to respond within reasonable promptness to a request for general adult or protective adult services.
An applicant for child care certification or a certified family child care home provider may request an administrative hearing if the Cabinet:
Denies certification;
Imposes an intermediate sanction;
Suspends certification for a non-emergency situation; or
Revokes certification.
An applicant for child care assistance or the parent of a child receiving assistance may request an appeal for the denial, reduction, suspension, or termination of benefits under 922 KAR 2:160.
An applicant for childcare certification or a certified family child care provider may request an appeal for denial or termination of the registration of a child care provider’s registration.
An individual aggrieved by an action of the Cabinet may request review of the following through an administrative hearing if:
The Cabinet denies, reduces, suspends, or terminates services or federal funded benefits, payments or financial assistance to which an individual may be entitled under 922 KAR Chapters one (1) through six (6);
The Cabinet fails to act with reasonable promptness to a request for a federally funded benefit, payment or financial assistance to which an individual may be entitled under 922 KAR Chapters one (1) through six (6); or
Any other matter by which state law or 922 KAR Chapters one (1) though six (6) expressly permit the appeal of a Cabinet action or alleged act.
An individual found by the Cabinet to have abused or neglected a child may appeal the Cabinet’s finding through an administrative hearing in according with 922 KAR 1:480, as further specified in SOP 30.2 CAPTA Appeals.
Procedure
Procedure
The SSW:
Hand delivers or mails a DPP-154A Notice of Intended Action form at least ten (10) days prior to the denial, reduction, modification, suspension, or termination of a service;
Provides a copy of the DPP-154 Protection and Permanency Service Appeal form to an individual:
At each case planning conference;
Upon application for approval as a certified family child care home provider;
Upon denial, reduction, modification, suspension, or termination by Cabinet of:
Child welfare services provided by the Cabinet;
A general adult or protective service, if notification does not present a risk of harm to the victim;
Adoption assistance;
Other federally funded program benefit described in Title 922 KAR; or
Upon determination that a student is not eligible for tuition waiver or education and training voucher.
Documents on the case plan that a DPP-154 was given to the family or caregiver, as appropriate, at the time the case plan was initiated;
Mails a copy of the case plan, DPP-154, and other relevant documents by the following means, if the parent or caregiver did not attend the initial case planning meeting:
Restricted mail; or
Certified restricted mail, when necessary/appropriate;
Documents on the case plan, whether the DPP-154 is given directly to the family or sent by mail;
Informs the parents, in out-of-home care (OOHC) cases, of their right to request another conference to revise the case plan within ten (10) days of receipt of the case plan;
Consults with the FSOS or designee prior to distributing the DPP-154 if the safety of the child is an issue in making changes in services; and
Attends the administrative hearing if the family does request a hearing and if requested by a representative of Office of Legal Services (OLS) (the FSOS or other staff named in the complaint also attend if requested by OLS).
Main Content
Relative Content
Documents
DPP-154 Protection and Permanency Service Appeal
...
DPP-154 Protection and Permanency Service Appeal (Spanish)
...
DPP-154A Protection and Permanency Notice of Intended Action
...
DPP-154A Protection and Permanency Notice of Intended Action-Spanish
...
Revisions
Page Content