Ky.gov
Effective: 07/30/2026

G2.1 Service Appeals

Legal Authority

Introduction

​​Individuals and families served by the Department for Community Based Services (DCBS) have the right to appeal most of the agency's decisions, including the ​termination, reduction, or discontinuation of certain services. Many of the agency's decisions are subject to appeal through a formal administrative hearing. For determinations not eligible for appeal through an administrative hearing, the agency has established internal processes for further review and quality assurance.  ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

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 the information required by KRS 605.090;
    • Fails to advise an adoptive parent of the 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 the 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 unless 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 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, exploitation; or
    • Fails to respond within reasonable promptness to a request for general adult or protective adult services.
  • An individual aggrieved by an action of the Cabinet may request a 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 G2.2​ CAPTA Appeals.



Procedure

​The SSW:

  1. Hand delivers or mails a DPP-154A Notice of Intended Action form at least ten (10) days before the denial, reduction, modification, suspension, or termination of service;
  2. Provides a copy of the DPP-154 Protection and Permanency Service Appeal form to an individual:
    1. At each case planning conference;
    2. Upon denial, reduction, modification, suspension, or termination by Cabinet of:
      1. Child welfare services provided by the Cabinet;
      2. A general adult or protective service, if notification does not present a risk of harm to the victim;
      3. Adoption assistance;
      4. Other federally funded program benefit described in Title 922 KAR; or
      5. Upon determination that a student is not eligible for tuition waiver or education and training voucher.
  3. 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;
  4. 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: 
    1. Restricted mail; or
    2. Certified restricted mail, when necessary/appropriate;
  5. Documents on the case plan, whether the DPP-154 is given directly to the family or sent by mail;
  6. 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; 
  7. 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
  8. Attends the administrative hearing if the family does request a hearing and if requested by a representative of the ​​​​Office of Legal Services (OLS) (the FSOS or other staff named in the complaint also attend if requested by OLS).


Documents

Revisions