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:

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.

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 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:

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 applicant for child care certification or a certified family child care home provider may request an administrative hearing if the Cabinet:

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 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:

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;
Provides a copy of the DPP-154 Protection and Permanency Service Appeal form to an individual:

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:

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 the Office of Legal Services (OLS) (the FSOS or other staff named in the complaint also attend if requested by OLS).

Documents