{"data":{"id":"us-ky/krs-199.462","jurisdiction":"us-ky","citation":"KRS 199.462","heading":"Criminal background investigation of applicant to provide foster care,","body":"relative caregiver services, fictive kin placement, or adoptive home, and of\napplicant's adult household members -- Request for conviction information --\nForm and fee for request -- Disapproval of placement on sole basis of disability\nof prospective caregiver prohibited -- Background investigation at annual\nreevaluation authorized -- Rap back system -- Prohibited approvals --\nAdministrative regulation.\n(1) Before an applicant is approved to provide foster care or relative caregiver services\nto a child, to be considered a fictive kin placement for a child, or to receive a child\nfor adoption, the Cabinet for Health and Family Services shall:\n(a) Require a criminal backgrou nd investigation of the applicant and any of the\napplicant's adult household members by means of a fingerprint check by the\nDepartment of Kentucky State Police and the Federal Bureau of Investigation;\nor\n(b) Request from the Justice and Public Safety Cabin et records of all conviction\ninformation for the applicant and any of the applicant's adult household\nmembers. The Justice and Public Safety Cabinet shall furnish the information\nto the Cabinet for Health and Family Services and shall also send a copy of\nthe information to the applicant.\n(2) The request for records shall be in a manner approved by the Justice and Public\nSafety Cabinet, and the Justice and Public Safety Cabinet may charge a fee to be\npaid by the applicant for the actual cost of processing the request.\n(3) The Cabinet for Health and Family Services shall not disapprove of any placement\nor custody arrangement, including but not limited to foster care, relative caregiver\nservices, fictive kin placement, temporary custody, permanent custody, or a doption\non the sole basis of a disability of the prospective caregiver without considering\nwhether targeted adaptive or supportive services could enable the prospective\ncaregiver to provide essential care and protection for the child.\n(4) During a certifie d adoptive or foster home's annual reevaluation, the Cabinet for\nHealth and Family Services may:\n(a) Require a background investigation for each adult household member of the\ncertified adoptive or foster home under subsections (1) and (2) of this section;\nor\n(b) Register each adult household member of a certified adoptive or foster home\nunder subsections (1) and (2) of this section in the rap back system.\n(5) If a child is placed and resides in a fictive kin home for more than seventy -two (72)\nhours, the Ca binet for Health and Family Services shall take action, including but\nnot limited to the following:\n(a) Provide information on how to recognize and report child abuse or neglect;\nand\n(b) Ensure that, within the first five (5) days of a child under the age of five (5)\nyears old being placed in a fictive kin home, the fictive kin has completed a\none (1) time training course of one and one -half (1.5) hours of training\ncovering the prevention and recognition of pediatric abusive head trauma, as\ndefined in KRS 620.020.\n(6) The Cabinet for Health and Family Services shall not approve an individual to\nprovide foster care or relative caregiver services to a child, to be considered a\nfictive kin placement for a child, or to receive a child for adoption if the individual:\n(a) Is a registrant as defined in KRS 17.500;\n(b) Has an adult living in the individual's home who is a registrant as defined in\nKRS 17.500; or\n(c) Has a minor child living in the in dividual's home who is a registrant as\ndefined in KRS 17.500 or who has been declared a juvenile sex offender\nunder KRS 635.510.\n(7) The Cabinet for Health and Family Services shall promulgate an administrative\nregulation in accordance with KRS Chapter 13A to implement this section.","path":["KRS Chapter 199"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57451","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:53Z","sha256":"f956d10e416df9741dff0db4d827c66178e46d6a06d5574cf5a93726ee4f2d18","source_id":"us-ky","stale":false,"prev":"us-ky/krs-199.461","next":"us-ky/krs-199.463"},"notice":"GroundRules: Original legal text. Not legal advice."}