922 KAR 1:420. Child fatality or near fatality investigations.

 

      RELATES TO: KRS 211.680-211.686, 600.020(6), (37), (41), (42), 620.030(3), 620.040(1), (2), 620.050, 42 U.S.C. 5106a(b)(2)(A) (viii), (ix), (x), (b)(4)(A), (c)(4)(A)(iii)(II), (d)(5), (6), (11)

      STATUTORY AUTHORITY: KRS 194A.050(1), 620.180(1), EO 2004-726

      NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective July 9, 2004, reorganized the Cabinet for Health and Family Services and placed the Department for Community Based Services under the Cabinet for Health and Family Services. KRS 620.180(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 620 - Dependency, Neglect, and Abuse. This administrative regulation establishes the procedures for child protection investigations by the Cabinet for Health and Family Services in a case of child fatality or near fatality.

 

      Section 1. Definitions. (1) "Cabinet" is defined by KRS 600.020(6).

      (2) "Child fatality" is defined by KRS 211.684.

      (3) "Near fatality" is defined by KRS 600.020(37) and 42 U.S.C. 5106a(b)(4)(A).

      (4) "Parent" is defined by KRS 600.020(41).

      (5) "Person exercising custodial control or supervision" is defined by KRS 600.020(42).

      (6) "Prior involvement" means any assessment or investigation, of which the cabinet has record, with a child or family in the area of protection and permanency prior to the child’s fatality or near fatality investigation.

 

      Section 2. Child Fatality or Near Fatality Investigations. (1) The cabinet shall investigate a report of child fatality or near fatality alleged to be the result of abuse or neglect, in accordance with KRS 620.040.

      (2) If there is a surviving child in the care of the alleged perpetrator, the cabinet shall determine the safety of the surviving child through immediate assessment in accordance with 922 KAR 1:330.

      (3) If a child fatality or near fatality allegedly due to abuse or neglect occurs, cabinet staff shall immediately notify the Office of the Director of the Division of Protection and Permanency.

      (4) If a fatality or near fatality occurs to a child in the custody of the cabinet in an out-of-home placement, the cabinet shall make an immediate effort to notify:

      (a) The biological or legal parents; and

      (b) The Office of the Director of the Division of Protection and Permanency.

      (5) If parental rights have been terminated and there are special circumstances including on-going contact with the child, the cabinet may notify the biological or legal parents if a fatality or near fatality occurs with the child.

      (6) the cabinet shall notify the Department of Public Advocacy, Protection and Advocacy Division, in the Justice and Public Safety Cabinet if:

      (a)1. A child identified as a protection and advocacy client dies as a result of alleged abuse or neglect; and

      2. The alleged perpetrator is a person exercising custodial control or supervision; or

      (b) A child fatality has occurred as a result of:

      1. Placement in a seclusion room pursuant to 922 KAR 1:390; or

      2. Therapeutic hold applied pursuant to 922 KAR 1:300.

      (7) The cabinet shall notify the following persons, in writing, of a fatality of a child in the custody of the cabinet:

      (a) Judge of the committing court; and

      (b) Guardian ad litem for the deceased child.

      (8) The cabinet may make public disclosure of a fatality or near fatality in accordance with:

      (a) KRS 620.050(5) and (12); and

      (b) 42 U.S.C. 5106a(b)(2)(A)(x).

      (9) The biological or legal parent of a child deceased while in temporary custody or committed to the cabinet, shall be responsible for funeral arrangements, unless:

      (a) Parental rights have been terminated;

      (b) Parent cannot be located; or

      (c) Parent is unable to make funeral arrangements.

      (10) If the alleged perpetrator was not a parent, guardian, or person exercising custodial control or supervision, notification of the child fatality or near fatality shall be in accordance with KRS 620.030(1).

      (11) The cabinet shall:

      (a) Be in compliance with KRS 620.050(12) in cases where the cabinet has had prior involvement; and

      (b) Provide annual reporting in accordance with 42 U.S.C. 5106a(d)(4)(5)(6)(11).

      (12) If a child fatality or near fatality occurs in a licensed facility, the cabinet shall notify the licensing authority in accordance with 42 U.S.C. 5106a(b)(2)(A)(ix).

 

      Section 3. Notice of Initial Findings of Investigation. The cabinet shall provide notice in accordance with KRS 620.040(1) and (2), and with 922 KAR 1:330. (27 Ky.R. 2021; Am. 3119; eff. 5-14-2001; 31 Ky.R. 1204; eff. 2-24-05.)