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Kinship Bill and other laws left in limbo as officials determine how they should be funded

As Gov. Andy Beshear warned legislation like this needs funding from the General Assembly, lawmakers argued it's up to him to implement what he signed.

KENTUCKY, USA — Multiple bills, already signed by Gov. Andy Beshear, are having trouble getting started.  One of which is Senate Bill 151, also known as the Kinship Bill, should already be put into effect starting this week. 

SB 151 would allow children being removed from their parent's home to require a court to consider a list they provide of potential caregivers. It also gives potential caregivers time to ensure they are financially able to raise the child. 

It's not the only bill in limbo as 19 other bills are in similar situations. In a joint committee meeting, the Department of Community Based Services admitted they need funding to execute the bill. 

Terry Brooks, the executive director of Kentucky Youth Advocates, said many families have gone from celebrating the bill's passing to being concerned. 

"We have over 100,000 kids who are living in kinship care," Brooks said. "So can you imagine, if I'm disappointed, can you imagine the disappointment plaguing kinship families today because they felt like they had a commitment?"

In the meeting, Senator Julie Raque Adams of District 36 questioned Lesa Dennis, the commissioner of the Department of Community Based Services, on how they will carry out the bill. 

"At this time we are still hopeful in the near future that there will be an additional pathway for funding of Senate Bill 151 but without that support the cabinet will have difficulty moving forward with implementation," Dennis said.

Dennis went on to reference Beshear's letter sent on April 10 stating his support for the bill. 

A spokesperson for the governor's office sent this statement to WHAS11 News

"Throughout the session, the administration communicated to lawmakers and LRC staff about the fiscal impact of the bills that were passed without the funding. In an April 10 letter, the Governor formally asked the General Assembly to make additional appropriations so more than 20 bills could be implemented. He explained that the Kentucky Supreme Court agrees the executive branch has limitations on implementing policies and programs that do not receive funding by the General Assembly. Five days after receiving the Governor’s letter, on April 15, lawmakers passed Senate Bill 91 and appropriated an additional $372 million from the general fund, but none of those appropriations addressed the unfunded mandates outlined in the Governor’s letter. We have consistently said – even if some of these bills represent good public policy – if the legislature does not provide the funding, it does not intend for the executive branch to perform those services."

Raque Adams said the agency is supposed to navigate the cost themselves. 

"One of the most important pieces of this bill is we give the administration the ability to develop the administrative regulations on how to implement," said Raque Adams. "So they have full discretion, full authority on how they implement."

The senator has asked those families to keep the faith that they will resolve this issue. 

Brooks said he's confident Frankfort can find a solution.

"I mean I know there's discretionary money to take care of this problem, this opportunity for September, October, November, December and then let's refigure it out come January," he said.

The Department of Community Based Services is expected to address the committee again at the end of the month on July 30. Raque Adams hoped to hear a thorough plan that won't need extra funding from legislators. 

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