Public Hearing on Kinship Care Regulation
During a public hearing regarding a proposed state regulation in Kentucky that would alter kinship care placement procedures, an advocate expressed worries about how the changes would be implemented.
Norma Hatfield, a long-time advocate for kinship care families who are raising minor relatives, spoke to officials from the Kentucky Cabinet for Health and Family Services on Monday morning about the proposal. The regulation states that the state must consult with the child, if they are capable of communication, regarding their preferred placement location. It also requires the child's custodian to provide a list of potential placements.
A representative for Republican Auditor Allison Ball also voiced concerns during the hearing, stating she believes the proposal is "unconstitutional."
Stipends and Implementation Concerns
According to the regulation, eligible families receive a one-time stipend per placement "to facilitate the child's placement." A single child placement results in a $350 stipend, with the amount doubling for two children, and so forth.
Hatfield, who serves as president of the Kinship Families Coalition of Kentucky, told the cabinet that the regulation should provide clearer guidance on conversations social workers must have with children about placement. She noted that "there's inconsistency in the interpretation of policies from county to county, sometimes even social worker to social worker." Hatfield also emphasized that she hopes social workers document a child's list of preferred placements for future reference.
The hearing was intended for the cabinet to gather feedback, rather than provide immediate responses to Monday's speakers.
Funding Dispute and Legal Challenges
The regulation incorporates language required from Senate Bill 151, a 2024 law designed to assist kinship care families but not yet implemented due to a funding dispute between the legislature and the governor. The Beshear administration has stated it cannot implement the law without legislative appropriation of necessary funds.
"To the extent the General Assembly appropriates state general funds necessary for the cabinet to implement the services under (the law) within 120 days of receiving temporary custody or upon a verifiable qualifying event, a relative or fictive kin caregiver may submit a request to the cabinet for the purpose of pursuing a change in custody of a child in his or her care," the regulation states. "Upon placement of the child in the custody of the cabinet, the relative or fictive kin caregiver shall pursue foster parent approval."
Hatfield expressed disappointment after discussions with the cabinet in fall 2023 and early 2024 about the regulation, noting there was "no coordination" with Kentucky Youth Advocates, a group that lobbies on children's and family issues.
"My goal here is just to make sure that we do right by kinship families, and that we have the right policies in place, and that we follow the intent of the legislation," Hatfield said.
Auditor's Office Criticism
Alex Magera, general counsel for Auditor Allison Ball, spoke on her behalf during the meeting. Ball, who has long contested Democratic Gov. Andy Beshear's administration on this issue, believes the proposal is "unconstitutional, unlawful and just plain wrong," he stated.
Magera noted that 6% of children in Kentucky are raised by kinship caregivers, approximately double the national average.
Magera accused Beshear and the cabinet of failing to adequately assist kinship caregivers, claiming the administration has demonstrated a "failure to properly inform caregivers of the benefits and drawbacks of their custodial options." He also referenced Ball's lawsuit against the Beshear administration, which seeks to compel the cabinet to implement Senate Bill 151 and cooperate with an investigation. The case is currently before the Court of Appeals.
Ball believes the governor's administration has funds available to finance the state law, Magera said. The auditor previously urged Beshear to use funding from a study that did not occur to implement Senate Bill 151. Magera added that the auditor's office has reviewed "at the very least questionable expenditures" that could have been allocated for kinship care during its examination.
"We were hopeful that Gov. Beshear and the Cabinet were finally going to give Kentucky's kinship caregivers their legally entitled 120-day decision making window," Magera said. "But that help quickly dissipated after reading the proposed regulation itself."
Kinship Care in Kentucky
In 2024, approximately 55,000 Kentucky children were being raised by non-parent relatives, according to a report from Kentucky Youth Advocates. These families often make rapid decisions about taking in a minor, leaving them without necessary financial support.
When the state removes a child from a home, grandparents and other relatives frequently opt for temporary custody rather than allowing the child to enter state custody, which is the initial step toward foster care. Under current law, this first decision is permanent, excluding kinship caregivers who assume temporary custody from ever receiving the $750 monthly payment that foster parents receive per child.
Senate Bill 151 aims to provide kinship caregivers 120 days to apply for foster parent status for their minor relatives and permits children being removed from homes to request preferred familial caregivers, if they are able.
Kentucky Youth Advocates released a 2024 report indicating that kinship care families require improved assistance with food, clothing, school supplies, finances, housing, information technology, peer support, respite care, mental health care, and legal assistance.
