199.011 Definitions for chapter.
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/ky/chapter-199/199-011A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter, unless the context otherwise requires:
(1)"Adoption worker" means an employee of the cabinet so designated by the
secretary for health and family services, a social worker employed by a county or
city who has been approved by the cabinet to handle, under its supervision,
adoption placement services to children, or a social worker employed by or under
contract to a child-placing adoption agency;
(2)"Adult adopted person" means any adopted person who is twenty-one
(21)years of
age or older;
(3)"Cabinet" means the Cabinet for Health and Family Services;
(4)"Child" means any person who has not reached his or her eighteenth birthday;
(5)"Child-caring facility" means any institution or group home, including institutions
and group homes that are publicly operated, providing residential care on a twenty-
four
(24)hour basis to children, not related by blood, adoption, or marriage to the
person maintaining the facility, other than an institution or group home certified by
an appropriate agency as operated primarily for educational or medical purposes, or
a residential program operated or contracted by the Department of Juvenile Justice
that maintains accreditation, or obtains accreditation within two
(2)years of
opening from a nationally recognized accrediting organization;
(6)"Child-placing agency" means any agency licensed by the cabinet, which
supervises the placement of children in foster family homes or child-caring
facilities, or which places children for adoption;
(7)"Department" means the Department for Community Based Services;
(a)"Disability" means:
1. A physical or mental impairment, whether congenital or acquired, that
substantially limits one
(1)or more of the major life activities of an
individual and is demonstrable by medically accepted clinical or
laboratory diagnostic techniques;
2. A record of having such an impairment; or
3. Being regarded as having such an impairment.
(b)An individual who is currently engaging in the illegal use of drugs or the
abuse of alcohol, drugs, or other substances is not an individual with a
"disability" for purposes of this chapter;
(9)"Family rehabilitation home" means a child-caring facility for appropriate families
and comprising not more than twelve
(12)children and two
(2)staff persons;
(10)"Fictive kin" means an individual who is not related by birth, adoption, or marriage
to a child, but who has an emotionally significant relationship with the child, or an
emotionally significant relationship with a biological parent, siblings, or half-
siblings of the child in the case of a child from birth to twelve
(12)months of age,
prior to placement;
(11)"Foster family home" means a private home in which children are placed for foster
family care under supervision of the cabinet or of a licensed child-placing agency;
(12)"Group home" means a homelike facility, excluding Department of Juvenile
Justice-operated or -contracted facilities, for not more than eight
(8)foster children,
not adjacent to or part of an institutional campus, operated by a sponsoring agency
for children who may participate in community activities and use community
resources;
(13)"Institution" means a child-caring facility providing care or maintenance for nine
(9)or more children;
(14)"Placement services" means those social services customarily provided by a
licensed child-placing or a public agency, which are necessary for the arrangement
and placement of children in foster family homes, child-placing facilities, or
adoptive homes. Placement services are provided through a licensed child-placing
or a public agency for children who cannot be cared for by their biological parents
and who need and can benefit from new and permanent family ties established
through legal adoption. Licensed child-placing agencies and public agencies have a
responsibility to act in the best interests of children, biological parents, and adoptive
parents by providing social services to all the parties involved in an adoption;
(15)"Rap back system" means a system that enables an authorized entity to receive
ongoing status notifications of any criminal history from the Department of
Kentucky State Police or the Federal Bureau of Investigation reported on an
individual whose fingerprints are registered in the system, upon approval and
implementation of the system;
(16)"Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C.
sec. 675(10);
(17)"Secretary" means the secretary for health and family services; and
(18)"Voluntary and informed consent" means that at the time of the execution of the
consent, the consenting person was fully informed of the legal effect of the consent,
that the consenting person was not given or promised anything of value except
those expenses allowable under KRS 199.590(6), that the consenting person was
not coerced in any way to execute the consent, and that the consent was voluntarily
and knowingly given. If at the time of the execution of the consent the consenting
person was represented by independent legal counsel, there shall be a presumption
that the consent was voluntary and informed. The consent shall be in writing,
signed and sworn to by the consenting person, and include the following:
(a)Date, time, and place of the execution of the consent;
(b)Name of the child, if any, to be adopted, and the date and place of the child's
birth;
(c)Consenting person's relationship to the child;
(d)Identity of the proposed adoptive parents or a statement that the consenting
person does not desire to know the identification of the proposed adoptive
parents;
(e)1. A statement that the consenting person understands that the consent will
be final and irrevocable under this paragraph unless withdrawn under
this paragraph.
2. If placement approval by the secretary is required, the voluntary and
informed consent shall become final and irrevocable seventy-two
hours after the execution of the voluntary and informed consent. This
consent may be withdrawn only by written notification sent to the
proposed adoptive parent or the attorney for the proposed adoptive
parent on or before the expiration of the seventy-two
(72)hours by
certified or registered mail and also by first-class mail.
3. If placement approval by the secretary is not required, the voluntary and
informed consent shall become final and irrevocable seventy-two
hours after the execution of the voluntary and informed consent. This
consent may be withdrawn only by written notification sent to the
proposed adoptive parent or the attorney for the proposed adoptive
parent on or before the expiration of the seventy-two
(72)hours by
certified or registered mail and also by first-class mail;
(f)Disposition of the child if the adoption is not adjudged;
(g)A statement that the consenting person has received a completed and signed
copy of the consent at the time of the execution of the consent;
(h)Name and address of the person who prepared the consent, name and address
of the person who reviewed and explained the consent to the consenting
person, and a verified statement from the consenting person that the consent
has been reviewed with and fully explained to the consenting person; and
(i)Total amount of the consenting person's legal fees, if any, for any purpose
related to the execution of the consent and the source of payment of the legal
fees.