Children, families still suffering as KY ponders what to do about kinship law | Opinion

I spent years advocating for Senate Bill (SB) 151 — Kentucky’s kinship law. When it unanimously passed in 2024, I celebrated. When I recently urged lawmakers to reject the state’s proposed implementation plan, people asked me why?

Here’s my answer: I fought for this law because kinship families deserve meaningful support; not a promise that runs out of money. Kentucky’s children have many unmet needs. We need to leverage what’s available so that we can do more for them consistently. We aren’t there yet.

SB 151 gives kinship caregivers up to 120 days to stabilize children and make informed decisions. It offered a qualifying event pathway into kinship foster care and ensured children have a voice in placement; it directed the state to maximize federal funding.

Yet, a straightforward law has become a “little law that could”—struggling to move forward for reasons that have little to do with children or families.

So here we are–two years later and it remains unimplemented. A key reason cited is Fletcher v. Commonwealth of Kentucky, which addresses whether agencies can move forward without specific legislative funding. There’s been ongoing litigation and recently the Kentucky Attorney General filed an amicus brief supporting the State Auditor’s position (Ball v. Beshear No. 2025-CA-1303 (Ky. App.)).

As for funding — in the fall of 2025, the State Auditor identified $25 million in unspent Medicaid-related funds; she recommended that a portion ($15.9 million) go towards SB 151. Governor Beshear used the other $9.1 million towards a Senior Meals Program which previously ran out of money. Despite the Auditor’s recommendation and available funding, SB 151 remained stalled. Questions remain regarding the status of the $15.9 million.

The Cabinet for Health and Family Services has proposed implementing SB 151 using state funding rather than leveraging federal dollars. No alternative approach has been formally presented.

That choice matters. How a program is structured determines whether Kentucky can access federal funding. At a time of competing needs, using only state dollars for a larger program can potentially impact the ability to provide services elsewhere.

These tradeoffs are not theoretical—serious needs are visible, and they’re all competing for limited funding that a stronger SB 151 implementation could help address.

For example, a 2026 State Auditor’s report confirmed that children removed from their homes by the state are spending nights in office buildings, hotels, and other unlicensed settings—304 children over 22 months, totaling 1,577 days. Similar findings were documented in 2025, and the issue has persisted since at least 2023. In 2024 legislative testimony, CHFS Secretary Eric Friedlander said Kentucky would “pay what it takes” to address this problem.

The Kentucky Transitional Assistance Program was reduced by 35% in the fall of 2025 due to funding constraints. KTAP serves families below the poverty line and 42% of kinship families rely on it. No funding restoration plan in sight.

These types of programs serve vulnerable children and families trying to hold their lives together. How can Kentucky ignore millions of dollars in untapped funding—when we could receive approximately 71 cents on the dollar from the federal government? The opportunity applies directly to SB 151. Where’s the creativity and persistence to pursue it?

The estimated proposed price tag for SB 151 is approximately $14.7 million in state funds solely. Its plan is created from an estimate that has a limited data snapshot of caregivers; it lacks clear guardrails for qualifying events, and it uses language such as “to the extent the General Assembly appropriates state general funds”—documenting that the funds may run out.

That risk of running out of funds is unacceptable. When funding evaporates, services stop — and don’t always return. Families feel the impact; bureaucracy moves on.

As for SB 151, legislators found the proposed regulation deficient. It failed to incorporate an approach for federal funds that the law directed the state to pursue.

The regulation being found deficient isn’t the end — it’s an opportunity. After two years, Kentucky’s kids shouldn’t face more delays. We need to focus on the work and not excuses.

Kentucky isn’t being asked to invent something new — the tools exist. I’ve offered to share research from other states. The question is whether CHFS is willing to consider other options.

As for state funding, legislators have proposed $5 million annually for kinship implementation—approximately Kentucky’s share if federal funding were utilized, based on CHFS estimates.

That’s my “why” — real examples of unmet needs across Kentucky’s child welfare system that can be addressed by leveraging available federal funding and fully implementing SB 151. With more resources, we can do more—not just in one area, but across the system. We have the law. We have the tools. We need meaningful action.

Norma Hatfield is a grandmother raising two grandchildren in Hardin County and president of the Kinship Families Coalition of Kentucky. She’s been a national and state kinship advocate for the past decade.