CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Protection and Permanency

(Repealer)

 

      922 KAR 1:421. Repeal of 922 KAR 1:420.

 

      RELATES TO: KRS 211.680-211.686, 620.030-620.050, 42 U.S.C. 5106a

      STATUTORY AUTHORITY: KRS 194A.050(1), 605.150(1), 620.180(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary for the Cabinet for Health and Family Services to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 605.150(1) authorizes the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605 - Administrative Matters. 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 repeals 922 KAR 1:420 governing child fatality or near fatality investigations. The current content of 922 KAR 1:420 shall be incorporated within 922 KAR 1:330.

 

      Section 1. 922 KAR 1:420, Child fatality or near fatality investigations, is hereby repealed.

 

ADRIA JOHNSON, Commissioner     

VICKIE YATES BROWN GLISSON, Secretary

      APPROVED BY AGENCY: July 12, 2017

      FILED WITH LRC: July 13, 2017 at 10 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on August 21, 2017, at 9:00 a.m. in Suites A & B, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky 40621. Individuals interested in attending this hearing shall notify this agency in writing by August 14, 2017, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until August 31, 2017. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Tricia Orme, Administrative Specialist, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40621, phone 502-564-7905, fax 502-564-7573, email Tricia.Orme@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Elizabeth Caywood, phone (502) 564-3703, email Elizabeth.Caywood@ky.gov., and Tricia Orme

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation repeals 922 KAR 1:420, Child fatality or near fatality investigations.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to repeal 922 KAR 1:420 due to its current content being incorporated within a concurrent amendment to 922 KAR 1:330.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The only purpose of this administrative regulation is to repeal 922 KAR 1:420.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The only purpose of this administrative regulation is to repeal 922 KAR 1:420.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This administrative regulation is not an amendment.

      (b) The necessity of the amendment to this administrative regulation: This administrative regulation is not an amendment.

      (c) How the amendment conforms to the content of the authorizing statutes: This administrative regulation is not an amendment.

      (d) How the amendment will assist in the effective administration of the statutes: This administrative regulation is not an amendment.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: According to the cabinet’s Child Abuse and Neglect Annual Report of Child Fatalities and Near Fatalities released September 1, 2016, during State Fiscal Year 2016, fifty (50) child fatality and near fatality cases were identified as being the result of maltreatment. This number may change pending the outcome of an active investigation or appeal at the time of the report.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The amendment will not impact the investigation of child fatalities or near fatalities. Rather, the current content of 922 KAR 1:420 is proposed for incorporation within 922 KAR 1:330 governing child protective services. Child fatality and near fatality investigations are a subset of child protective services investigations.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There will be no cost applicable to regulated entities.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The current content of 922 KAR 1:420 has been reorganized so that investigative policies are found in 922 KAR 1:330, which may enhance clarity and ease in reference.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: There are no new or additional costs associated with this repealer.

      (b) On a continuing basis: There are no new or additional costs associated with this repealer.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The cabinet staff’s provision of child protective services is funded by the federal Social Services Block Grant, General Funds, and Agency Restricted Funds derived from Medicaid. Child protective and other child welfare services are further enhanced and supported by funding made available through federal grants authorized through Title IV of the Social Security Act, including Child Abuse Prevention and Treatment Act as amended.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: An increase in fees or funding will not be necessary to implement this amendment.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees or directly or indirectly increase any fees.

      (9) TIERING: Is tiering applied? Tiering is not applied, because this administrative regulation is applied in a like manner statewide.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1. Federal statute or regulation constituting the federal mandate.

42 U.S.C. 5106a

      2. State compliance standards. KRS 194A.050(1), 605.150(1), 620.180(1)

      3. Minimum or uniform standards contained in the federal mandate. 42 U.S.C. 5106a

      4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? The only purpose of this administrative regulation is to repeal 922 KAR 1:420.

      5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. The only purpose of this administrative regulation is to repeal 922 KAR 1:420.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Cabinet for Health and Family Services is impacted by this administrative regulation.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 194A.050(1), 605.150(1), 620.180(1), 42 U.S.C. 5106a(b)

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This repealer will generate no revenue.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This repealer will generate no revenue.

      (c) How much will it cost to administer this program for the first year? This repealer creates no new cost in the initial year.

      (d) How much will it cost to administer this program for subsequent years? This repealer creates no new cost in subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: