Legislative Update - Governor stands in way of implementation of relative and fictive caregiver foster care reform

On October 23, State Auditor Allison Ball spoke before the Interim Joint Committee on Families and Children. She announced an inquiry into the failure of Governor Andy Beshear and the Cabinet of Health and Family Services to act upon legislation-SB 151- passed with bipartisan support during the 2024 Regular Session. SB 151 improves the state's foster and adoptive care systems by allowing family members, known as relative or fictive caregivers, to receive the same licensing and support available to traditional licensed foster families. 
SB 151 was passed by the General Assembly and signed by the Governor in a bipartisan effort to support Kentucky's most vulnerable children and families. Before the bill's signing into law, the Cabinet made it clear to the General Assembly that they could carry out the implementation of this law without additional allocations in the state budget, but now these children and these families will remain neglected by the Cabinet despite the passage of SB 151 by the General Assembly. The Cabinet claims there is a shortfall in their budget barring the implementation of this legislation, despite supporting the legislation without advocating for project funding. The Office of the Auditor is conducting an inquiry to see if the Cabinet is genuinely unable to begin SB 151 implementation with its current funding levels. 
This legislation is critical to improving the lives of many across the Commonwealth. In July, the Cabinet estimated between 1,400 and 1,500 children were in relative or fictive care placements. Prior to SB 151, relative and fictive kinship caregivers, who are biological relatives of the child, could not obtain financial or other means of support from the state. Nonfamilial caregivers were, and are, able to receive support from the Cabinet. This policy meant that many families forego taking in relative minors due to financial limitations. At the same time, nonfamilial caregivers were able to take in these same children with financial support from the state. The General Assembly equipped the Cabinet with the tools and authority to ensure that the familial and fictive caregivers of over 1,400 children can draw in critical support from the state. 
While the Governor's administration is failing to implement SB 151, fewer children in our foster care system are being reunited with their families, and thousands of families are put at a disadvantage if they open their homes to care for their relative children. Reunification of a child with their biological parents has been the goal of foster care services since its inception, but this is not always a feasible outcome with the complexity of circumstances surrounding foster care cases. Placing children with relatives decreases the trauma of separation, increases stability, and leads to better outcomes for the children involved. 
Kinship and fictive care placements are on the rise, not only in our state but across the nation. 2.5 million children are in these placements, which represents 3% of the total child population nationally. SB 151 was critical for our state to address this trend and support families who have been left behind in the expansion of licensed foster and adoptive care services. 
The Governor's support of the Cabinet's noncompliance with state law will not help the children in relative or fictive care receive the support they need to thrive as children, students, or citizens. The actions of the Governor and the Cabinet are harmful not only to the rule of law but also to thousands of Kentucky youths who are or will be in relative or fictive care placements. 
As a state government, we should be united in our mission to help our most vulnerable populations. We have seen the issues within our foster care system, the difficulties of finding families who will take in children in need of a home, and the rising cost of care. The Cabinet and the Governor should be open and honest with the legislative branch and work with us to find solutions to these issues, not place roadblocks when sending support to the most vulnerable. 
I applaud Auditor Ball for opening an inquiry into the Governor's and his Cabinet's actions. SB 151 was a crucial piece of legislation that will drive our state forward in foster and adoptive service. I will do whatever is needed to support the Office of the Auditor in this investigation. I am committed to supporting the inquiry's outcome so Kentucky can come together to support our relative and fictive caregivers and the children in their care. 
As always, I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via email at Timmy.Truett@kylegislature.gov and keep track through the Kentucky legislature's website at legislature.ky.gov.