CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Protection and Permanency

(As Amended at ARRS, November 13, 2017)

 

††††† 922 KAR 1:470. Central registry.

 

††††† RELATES TO: KRS 17.165(6)[(5)], 61.876, 160.151, 160.380, 194A.380-194A.383, 199.466, 199.896(19), 199.8982(1)(a), 403.352, 600.020(1), (40), (61), (62)[(54), (55)], 620.050[(5)], 625.050-625.120, 42 U.S.C. 671(a)(20), 5106a(b), 9858f[(2)(A)(viii), (ix), (x)]

††††† STATUTORY AUTHORITY: KRS 194A.050(1), 605.130(4), 605.150, 2006 Ky. Acts ch. 252 Part 1, H.10(3)

††††† NECESSITY, FUNCTION, and CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services[secretary] to promulgate administrative regulations necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 605.150 permits the cabinet to promulgate administrative regulations to implement the provisions of KRS Chapter 605, including KRS 605.130(4), which authorizes the cabinet to perform services necessary for the protection of children. 2006 Ky. Acts ch. 252 Part 1, H.10(3) authorizes the secretary to promulgate administrative regulations necessary to prescribe criminal background investigation fee amounts. This administrative regulation establishes the procedure by which the cabinet shall conduct a child abuse or neglect check using information in the central registry.

 

††††† Section 1. Definitions. (1) "Abused or neglected child" is defined by KRS 600.020(1).

††††† (2) "Administrative review" means that the status of the individual subject to the central registry check is pending the outcome of an:

††††† (a) Investigation or assessment in accordance with 922 KAR 1:330; or

††††† (b) Appeal concerning a cabinet substantiated finding of child abuse or neglect.

††††† (3) "Child fatality" is defined by KRS 211.684.

††††† (4) "Near fatality" is defined by KRS 600.020(40) and 42 U.S.C. 5106a(b)(4)(A).

††††† (5) "Sexual abuse" is defined by KRS 600.020(61)[(54)].

††††† (6)[(3)] "Sexual exploitation" is defined by KRS 600.020(62)[(55)].

 

††††† Section 2. Central Registry. (1) The central registry shall include the name of each individual:

††††† (a) Who has been found by the cabinet to have abused or neglected a child on or after October 1, 1998; and

††††† (b)1. Who waived the right to appeal a substantiated finding of child abuse or neglect in accordance with:

††††† a. 922 KAR 1:480;

††††† b. 922 KAR 1:320; or

††††† c. 922 KAR 1:330, Section 11[10]; or

††††† 2. Whose substantiated incident was upheld upon appeal.

††††† (2) Each name shall:

††††† (a) Remain on the central registry for a period of at least seven (7) years; and

††††† (b) Be removed from the central registry after a period of seven (7) years if:

††††† 1. No additional incident of child abuse or neglect has been substantiated by the cabinet since the time of the incident for which the individualís name was placed on the registry; and

††††† 2. Cabinet records indicate that the incident for which the individualís name was placed on the registry did not relate to:

††††† a. Sexual abuse or sexual exploitation of a child;

††††† b. A child fatality related to abuse or neglect;

††††† c. A near fatality related to abuse or neglect[A criminal conviction related to child abuse or neglect;

††††† d. A civil judicial determination related to child abuse or neglect]; or

††††† d.[e.] Involuntary termination of parental rights in accordance with KRS 625.050 through 625.120.

††††† (3) This administrative regulation shall not apply to cabinet background checks required by 922 KAR 1:490[, regarding foster or adoptive services].

††††† (4) This administrative regulation shall not limit the cabinet's ability to disclose information in accordance with KRS 620.050 and 42 U.S.C. 5106a(b)(2)(B)(viii), (ix), or (x)[5106a(b)(2)(A)(viii), (ix), and (x)].

 

††††† Section 3. Procedure for Requesting a Central Registry Check. (1) If information from the central registry is required by law, a request for a central registry check may be made by an:

††††† (a) Individual;

††††† (b) Organization; or

††††† (c) Other entity.

††††† (2) The cabinet shall conduct a check of the central registry for each individual who:

††††† (a) Submits a request for a check of the central registry in accordance with subsection (4) of this section; and

††††† (b)1. Applies for initial licensure;

††††† 2. Is hired by, or volunteers with, an entity required by law to obtain information contained in the central registry; or

††††† 3. Is hired by, or volunteers with, an entity that may require a central registry check as a condition for working with children on a regular basis.

††††† (3) An individual who is not required by law to obtain information contained in the central registry shall submit an open records request in accordance with 922 KAR 1:510.

††††† (4) A request for a central registry check shall be made:

††††† (a) By submitting to the cabinet:

††††† 1.a.[(a)] A completed DCC-374, Child Care Central Registry Check, for an individual in child care as specified by 42 U.S.C. 9858f, KRS 199.466, or Title 922 KAR Chapter 2; or

††††† b. A completed[form,] DPP-156, Central Registry Check, for an individual required by a law not specified in clause a. of this subparagraph no later than five (5) working days after:

††††† (i)[1.] The date of employment of an individual required by law to submit to a central registry check; or

††††† (ii)[2.] A volunteer's first day, if the volunteer is required by law to submit to a central registry check; and

††††† 2.[(b)] A nonrefundable fee of ten (10) dollars:

††††† [1.]a.(i) Submitted by check or money order; and

††††† (ii)[b.] Made payable to the Kentucky State Treasurer; or

††††† b.[2.] Made available through a prepaid account established with the cabinet; or

††††† (b) Through another cabinet system, such as the Kentucky National Background Check Program established in accordance with 906 KAR 1:190.

††††† (5) A state requesting a child abuse or neglect check from the cabinet[Kentucky] as required by 42 U.S.C. 671(a)(20) shall follow the procedures described in 922 KAR 1:490, Section 4.

 

††††† Section 4. Administrative Review. (1) The cabinet shall indicate on a central registry check if the individual is pending administrative review by the cabinet.

††††† (2) An individual subject to administrative review in accordance with this section may submit an open records request in accordance with 922 KAR 1:510.

 

††††† Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "DPP-156, Central Registry Check," 1/18[7/17]; and

††††† (b) "DCC-374, Child Care Central Registry Check," 11/13/17[1/18][7/17][edition 02/08, is incorporated by reference].

††††† (2)[(3)][(2)] This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

 

ADRIA JOHNSON, Commissioner

VICKIE YATES BROWN GLISSON, Secretary

††††† APPROVED BY AGENCY: October 10, 2017

††††† FILED WITH LRC: October 11, 2017 at 4 p.m.

††††† CONTACT PERSON: Laura Begin, Legislative and Regulatory Analyst, Office of Legislative and Regulatory Affairs, phone (502) 564-6746, fax 502-564-7573, email Laura.Begin@ky.gov