4.54 Transportation and Out of State Travel with a Child in the Custody of the Cabinet

Legal Authority

Foster parents or private child care staff provide notification at least (7) calendar days in advance for youth in temporary custody to the SSW if they plan to leave the state with a child for more than twenty-four (24) hours or if a child will be absent from the foster home for more than twenty-four (24) hours:
Emergency travel plans are discussed on a case by case basis.
If the child is being transported to or from a residential facility, an attendant of the same gender must accompany the child, unless the SSW or FSOS has authorized, in writing, the child to be transported by the child’s parent, grandparent, or adult brother or sister.
Private child caring agencies (PCC) and private child placing agencies (PCP) provide transportation of children in their care regarding routine daily care within a forty (40) mile radius of the placement location. In addition to transportation related to routine daily care, mutually satisfactory arrangements for other scheduled appointments may be made between the SSW and PCC or PCP.
The SSW and FSOS exercise caution prior to approval to ensure that previously scheduled visits with the parents are not canceled without reasonable arrangements being made with the parents.
SOP 12.10 Rights/Responsibilities of DCBS Foster or Adoptive Home Parents requires foster parents to:

Therefore, the expectation is that a foster parent will transport a child as he would transport his own child. Non-medical transportation is included in the Foster Care Rate Methodology (Refer to SOP 12.27 Transportation Expenses for information regarding applying for obtaining an Non-Emergency Medical Transport (NEMT) number).
If extenuating circumstances exist, the foster or adoptive home may contact the SSW to arrange transportation for the child in the custody of the Cabinet.

The SSW:

May transport a child, if extenuating circumstances exist and the foster or adoptive home parent is unable to do so, unless the child is designated as medically complex;
Consults with the Commission for Children with Special Health Care Needs (CCSHCN) nurse and/or the Medical Support Section relating to the child’s special medical needs if the child is designated as medically complex and the foster parent is unable to transport;
Gives the PCC or PCP seven (7) days advance notice when the PCC or PCP is to provide transportation to appointments related to routine care for a child placed with their agency;
And PCC or PCP staff make mutually satisfactory arrangements for scheduled family visitation and court appointments; 1
Notifies the PCC or PCP at least seven (7) days in advance of transportation requests (including visitation, or court which exceed a forty (40) mile radius; 2
Or other Cabinet staff uses the transportation log to track transportation expenses beyond the forty (40) mile radius;
May transport a child placed in a PCC or PCP if the agency is unable to transport and requests assistance from the SSW;
Is only permitted to transport a non-state employee, in his/her personal vehicle, with the written permission of the FSOS (refer to SOP 1.3 Safety and Transportation).
Out of state travel of a child:

In the temporary custody of the Cabinet for Health and Family Services requires the SSW to obtain approval of the parent(s); and
Committed to the Cabinet requires notification if the plan is to leave the state with the child or children for more than twenty-four (24) hours or if a child will be absent from the foster home for more than twenty-four (24) hours.

Foster family or private child care staff notifies the SSW upon their return; and
SSW notifies the parent(s).

Foster families should follow reasonable and prudent parent standards when requesting to travel out of country with a child in out of home care. Consideration should be given to the child's age, attachment to the current caregivers, developmental and educational benefit of the travel, and the birth parent's wishes if termination of parental rights has not been completed.
SRA or designee approval is required for out of country travel.
If out of country travel is approved, a special expense memo request may be submitted to the SRA or designee for payment of the child's passport.

The expectation is that this is covered by the PCC’s or PCP’s per diem payment.
If the PCC or PCP is able to meet the request, they are reimbursed at the current state transportation rate per mile beyond the forty (40) mile radius of the placement location.