922 KAR 3:020. Grant services and eligibility.
RELATES TO: KRS 194B.370, 195.105(1), 209.030, 600.020(8), 620.170, 45 C.F.R. Part 74.23, 42 U.S.C. 1397, EO 2004-726
STATUTORY AUTHORITY: KRS 194A.050(1), 199.420(1), 209.035, 605.150, 620.180(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary 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. EO 2004-726 reorganizes the executive branch of government and establishes the Cabinet for Health and Family Services. The Cabinet for Health and Family Services has the responsibility under the provisions of KRS Chapters 199, 209, 605, and 620 to administer the social services programs in accordance with Title XX-Block Grants to States for Social Services, 42 U.S.C. 1397. This administrative regulation establishes eligibility requirements for social services programs in accordance with Title XX of the Social Security Act.
Section 1. Definitions. (1) "Home safety services" means services provided to:
(a) Prevent the removal or repeat maltreatment of a child; or
(b) Maintain an adult safely in the home or community.
(2) "In-kind contributions" means contributions which consist of volunteer services, donated supplies or property that are acceptable as a match requirement as specified in 45 C.F.R. Part 74.23.
(3) "Juvenile services" means services that include community treatment for a juvenile and juvenile’s family, to rehabilitate the youth and help prevent the youth’s future involvement with the juvenile or criminal justice system.
(4) "Residential treatment services" means services that provide a comprehensive treatment-oriented living experience, in a twenty-four (24) hour residential facility, for a juvenile offender committed to the cabinet, or to the Department of Juvenile Justice.
Section 2. Grant Services. (1) Subject to availability of the block grant and state funds, the Social Services Block Grant shall fund the following services to an eligible applicant as specified in Section 3 of this administrative regulation:
(a) Adult protection services of 922 KAR 5:070;
(b) Alternate care services of 922 KAR 5:100;
(c) Child protection services of 922 KAR 1:230 and 922 KAR 1:330;
(d) General adult services of 922 KAR 5:090;
(e) Home safety services;
(f) Juvenile services; or
(g) Residential treatment services.
(2) Subject to availability of the block grant and state funds, the Social Services Block Grant shall fund cabinet staff training in accordance with KRS 194B.370 and 195.105.
Section 3. Eligibility. (1) To be eligible for social services, a person shall be:
(a) A resident of Kentucky; or
(b) A juvenile, classified as a runaway.
(2) To be eligible for social services, a person shall need a social service program:
(a) Specified in Section 2 of this administrative regulation; and
(b) Identified by cabinet staff.
(3) A child, as described in KRS 600.020(8), shall be eligible for social services if:
(a) The child is committed to the cabinet, or the Department of Juvenile Justice by:
1. A court of competent jurisdiction; or
2. The parent’s voluntary consent under KRS 620.170;
(b) A court of competent jurisdiction has ordered the cabinet to serve the child; or
(c) The cabinet receives information about a child that meets a criterion in:
1. Emergency protective services of 922 KAR 1:230; or
2. Child protective services of 922 KAR 1:330.
(4) An adult shall be eligible for social services if:
(a) A court of competent jurisdiction has ordered the cabinet to serve the adult; or
(b) The cabinet receives information about an adult that meets a criterion in:
1. Adult protective services of 922 KAR 5:070;
2. General adult services of 922 KAR 5:090; or
3. Alternate care services of 922 KAR 5:100.
(5) The cabinet shall provide home safety services to an individual or family that:
(a) Currently receives:
1. Child protective services;
2. General adult services; or
3. Adult protective services;
(b) Is unable to access similar services through other community resources; and
(c) Has a household income equal to or less than 200 percent of the federal poverty level, as determined annually by the United States Department of Health and Human Services.
Section 4. Assessment and Redetermination of Need. (1) An initial determination of need shall be completed within thirty (30) calendar days of the date of referral, report, or request for a social service from the cabinet, and redetermined:
(a) At least annually; or
(b) If there is a change in circumstances.
(2) A home safety service redetermination shall comply with Section 3(5) of this administrative regulation and be reviewed every six (6) months to determine need and income eligibility.
Section 5. Local Match. (1) In accordance with Title XX - Block Grants to States for Social Services, 42 U.S.C. 1397, the cabinet may contract with an individual or agency to provide a local match based on one (1) dollar for every three (3) dollars expended in federal funds.
(2) Local match may be cash, certified expenditures, or in-kind contributions.
Section 6. Annual Plan. A copy of the state's Title XX Social Services Block Grant annual plan may be obtained by a request in writing made to the Commissioner of the Department for Community Based Services, Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621. (9 Ky.R. 102; eff. 8-11-82; Am. 20 Ky.R. 2440; eff. 3-23-94; Recodified from 905 KAR 3:020, 10-30-98; 30 Ky.R. 1987; eff. 5-24-2004; Tam. eff. 10-29-2004, TAm. eff. 8-1-2005.)