Recently, the Biden-Harris Administration proposed three new federal rules related to the child welfare system in an effort to expand supports for children and families who come into contact with the system as a result of child abuse and neglect. Those three new rules are explained below based on how we anticipate Kentucky’s system will be impacted. 

Supporting Relative Foster Care Providers

As of September 5, 2023, there were over 1,000 children placed in relative or fictive kin placements in Kentucky. 

We are a state that holds familial connection to a high standard, which is why we were one of the first states to implement the Family First Prevention Services Act in 2018. We recognize that children thrive best when they are in family-based care environments. 

A recent revision to a federal rule – effective on November 27, 2023 – would allow Kinship/Fictive Kin Care providers who elect to become foster parents to receive equal pay regardless of differences among licensing/approval standards of non-relative foster parents. 

Why is this good for Kentucky’s kids and families?

Kentucky, similar to other states, offers the option for relative caregivers to become licensed as foster parents in order to receive financial assistance. This rule would ensure that their subsidy is now equal to that of traditional foster parents, creating another avenue for more family-based permanency opportunities for children in Kentucky. By reducing financial stress for relative caregivers, we can keep children with their families to promote cultural connection and identity, provide more familiarity and continuity, and reduce the impact of trauma.

For more information on becoming a relative foster parent, please visit the KY FACES website.

Protecting LGBTQI+ Youth in Foster Care

Along with financial support and reducing barriers for family-based placements, the federal rule also ensures that children are placed in homes that are accepting of LGBTQI+ identities. It requires training for foster parents of these children regarding orientation, identity, and expression. Kentucky has several private child care agencies with licensed foster homes that are accepting and affirming of LGBTQI+ children. There has been an emphasis on ensuring that these young people do not get placed in homes that cannot adequately provide the proper supports for them.

With this rule in place, it is anticipated that Kentucky will comply with the federal rule for training for foster parents. 

Why is this good for Kentucky’s kids and families?

We currently do not have statistics on the number of children in foster care in Kentucky that identify as LGBTQI+. We do however, know that a 2019 national study found that 30.4 percent of youth in foster care identify as LGBTQI+ and five percent as transgender, compared to 11.2 percent and 1.17 percent of youth not in foster care. Not only are LGBTQI+ youth overrepresented, but they make up nearly one-third of the population in foster care nationally. 

This rule would ensure that children who identify with this population in Kentucky are placed in homes where they feel safe, comfortable, and supported and that caregivers for those youth have proper training and supports to care for them. 

Expanding Access to Legal Representation

The federal rule also allows states and tribes to utilize federal funds for legal representation. Kentucky already requires that kids and their parents have legal representation while a dependency, neglect, and abuse (DNA) case is open. The Administrative Office of Courts and Department for Community Based Services are working to access these federal funds to improve pay and cover costs of required legal representation for families. 

Why is this good for Kentucky’s kids and families?

Navigating the child welfare system can be difficult for those who are not familiar with its rules, policies, and procedures. Many families who encounter an open case with DCBS are not always provided with necessary information to make the best decisions for their families. Legal representation helps families have an advocate in the courtroom that is familiar with how the child welfare system works. Legal representation can help families stay together through advocating for preventative services, such as family therapy and parenting classes, and can also help expedite reunification in the case of removal.

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