Legal Authority/Introduction

LEGAL AUTHORITY:

• 922 KAR 1:100 Public agency adoptions.
• 922 KAR 1:350 Requirements for public child welfare agency foster parents, adoptive parents, and respite care providers

Introduction 

Any Protection and Permanency (P&P) staff (both service region and central office) must make a written request to the commissioner of the Department for Community Based Services (DCBS) to become a certified adoptive parent and to adopt a child in the custody of the Cabinet for Health & Family Services (CHFS).

The commissioner considers each request on its own merit and may approve or disapprove a request at any time in the process and at his/her discretion. 

Practice Guidance

• The adoptive parent training and approval process for P&P employees must be completed outside of the applicant’s region of employment, unless an exception is otherwise approved by the SRA or designee.
• The P&P employee may be considered for adoptive referrals based on the criteria outlined in procedure #7 if the P&P employee is approved as an adoptive home.

Procedure

1. P&P employees make a written request to the service region administrator (SRA) or designee in his/her region of employment to become a certified adoptive parent and to adopt a child in the custody of CHFS.
2. The SRA or designee reviews the request to ensure compliance with SOP and, if appropriate, submits the request using the Employee Adoption Approval memo template to the Adoption Branch manager.
3.  The Adoption Services Branch manager then forwards the  written request to the commissioner if appropriate. 1
4. The P&P employee must begin the training and certification process to be considered for approval as an adoptive home if the request is approved by the commissioner.
5. The SRA or designee ensures that the adoptive parent training and approval process for P&P employees is completed by an unbiased R&C staff.
6. The R&C worker for the prospective adoptive family submits a child specific memo to the commissioner through supervisory channels, including the Adoption Services Branch manager requesting approval for the adoption process to continue before an adoptive referral can be made.
7. The commissioner considers the following when approving or denying a request:
1. The P&P employee's relationship with the child or with a parent of the child;
2. The P&P employee's involvement or prior involvement with the child’s case;
3. Appearance of impropriety; 
4. Stability of the placement​ if the employee is currently fostering the child; and/or
5. Other extenuating factors.
8. ​Employees may contact the Personnel Cabinet for information about the Employee Adoption Benefit Program.  

Footnotes

1. A P&P employee shall not be considered for approval as an adoptive home unless the commissioner has approved the request.  There is no designee for these requests.