reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1438 Same; when protective services accepted or declined.

39-1438. Same; when protective services accepted or declined.
If an involved adult does not agree to accept reasonable and necessary protective services, or if such adult states during the course of service delivery that such adult does not want to proceed with such services, such services shall not be provided or continued.
History:
L. 1989, ch. 129, § 9; L. 2021, ch. 81, § 6; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1439 Same; district court appointment of attorney to represent involved adult, when.

39-1439.
Same; district court appointment of attorney to represent involved adult, when.
In any proceeding in district court pursuant to provisions of this act, the district court shall appoint an attorney to represent the involved adult if the adult is without other legal representation.
History:
L. 1989, ch. 129, § 10; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1440 Same; review subsequent to authorization of protective services; continuation of protective services; reevaluations.

39-1440.
Same; review subsequent to authorization of protective services; continuation of protective services; reevaluations.
Subsequent to the authorization for the provision of necessary protective services, the secretary shall initiate a review of each case within 60 days to determine where continuation of, or modification in, the services provided is warranted. A decision to continue the provision of such services shall comply with the consent provisions of this act. Reevaluations of the need for protective services shall be made not less than every six months thereafter.
History:
L. 1989, ch. 129, § 11; L. 1998, ch. 200, § 12; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1441 Same; authority of secretary for children and families; toll-free telephone number.

39-1441. Same; authority of secretary for children and families; toll-free telephone number.
The authority of the secretary under this act includes, but is not limited to, the right to initiate or otherwise take those actions necessary to assure the health, safety and welfare of an involved adult, subject to any specific requirements for individual consent of the adult. The secretary may establish a toll-free telephone number for the reporting of instances of abuse, neglect or financial exploitation under this act.
History:
L. 1989, ch. 129, § 12; L. 2021, ch. 81, § 7; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1442 Same; least restrictive actions to be taken.

39-1442.
Same; least restrictive actions to be taken.
Any actions taken under this act shall be consistent with providing protective services and accommodations in a manner no more restrictive of an individual's personal liberty and no more intrusive than necessary to achieve acceptable and treatment objectives.
History:
L. 1989, ch. 129, § 13; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1443 Same; investigation of reports; coordination and cooperation between agencies.

39-1443. Same; investigation of reports; coordination and cooperation between agencies.
(a) The Kansas department for children and families and law enforcement officers shall have the duty to receive and investigate reports of adult abuse, neglect or financial exploitation for the purpose of determining whether the report is valid and whether action is required to protect the adult from further abuse, neglect or financial exploitation. If the department and such officers determine that no action is necessary to protect the adult but that a criminal prosecution should be considered, the department and such law enforcement officers shall make a report of the case to the appropriate law enforcement agency.
(b) (1) When a report of adult abuse, neglect or financial exploitation indicates that there is serious physical injury to or serious deterioration or sexual abuse or financial exploitation of the adult and that action may be required to protect the adult, the investigation may be conducted as a joint effort between the Kansas department for children and families and the appropriate law enforcement agency or agencies, with a free exchange of information between such agencies.
(2) Upon completion of the investigation by the law enforcement agency, a full report shall be provided to the Kansas department for children and families.
(c) If a dispute develops between agencies investigating a reported case of adult abuse, neglect or financial exploitation, the appropriate county or district attorney shall take charge of, direct and coordinate the investigation.
(d) Any investigation by a law enforcement agency involving a facility subject to licensing or regulation by the secretary of health and environment shall be reported promptly to the secretary of health and environment, upon conclusion of the investigation or sooner if such report does not compromise the investigation.
(e) Law enforcement agencies and the Kansas department for children and families shall assist each other in taking action that is necessary to protect the adult regardless of which party conducted the initial investigation.
History:
L. 2003, ch. 91, § 1; L. 2014, ch. 115, § 174; L. 2021, ch. 81, § 8; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 15 - Adult Family Homes › 39-1501 Adult family homes; definitions.

39-1501. Adult family homes; definitions.
As used in this act:
(a) "Adult family home" means a private residence in which care is provided for not less than 24 hours in any week for one or two adult clients who: (1) Are not related within the third degree of relationship to the owner or provider by blood or marriage; and (2) by reason of aging, illness, disease or physical or mental infirmity are unable to live independently but are essentially capable of managing their own care and affairs. The home does not furnish skilled nursing care, supervised nursing care or personal care. Adult family home does not mean adult care home.
(b) "Skilled nursing care," "supervised nursing care" and "personal care" have the meanings respectively ascribed thereto in K.S.A. 39-923, and amendments thereto.
(c) "Physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
(d) "Secretary" means the secretary for aging and disability services.
History:
L. 1983, ch. 142, § 1; L. 1995, ch. 143, § 3; L. 2014, ch. 115, § 175; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 15 - Adult Family Homes › 39-1502 Same; registration; forms.

39-1502.
Same; registration; forms.
Any person maintaining an adult family home shall apply for registration of such home with the secretary on forms furnished by the secretary.
History:
L. 1983, ch. 142, § 2; April 21.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 15 - Adult Family Homes › 39-1503 Same; registration; application for renewal; duties of secretary.

39-1503.
Same; registration; application for renewal; duties of secretary.
(a) Upon receipt of an application for registration of a private residence as an adult family home and upon certification by the applicant that no person residing therein has an infectious or communicable disease or health condition, the secretary shall determine the suitability of the residence for registration as an adult family home. If the secretary determines that the residence for which registration is sought, and the applicant therefor, can satisfactorily meet the requirements provided in K.S.A. 39-1504, the secretary shall register the residence as an adult family home annually from the date of such registration.
(b) Application for renewal of the registration shall be made to the secretary no later than 30 days prior to the annual expiration of that registration. The secretary, within 15 days of the receipt of such application, shall cause to be made an on-site investigation of the residence. If the secretary determines that the requirements of subsection (a) of this section are met, the secretary shall again register the residence as an adult family home.
History:
L. 1983, ch. 142, § 3; April 21.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 15 - Adult Family Homes › 39-1505 Same; assessing compliance; suspension or revocation of registration; unannounced inspections.

39-1505.
Same; assessing compliance; suspension or revocation of registration; unannounced inspections.
(a) The secretary may enter an adult family home at any time determined by the secretary to be necessary for the purpose of assessing compliance with the requirements provided in K.S.A. 39-1504.
(b) If at any time the secretary determines that inadequate care is being provided to a client by an adult family home, the secretary may suspend or revoke the registration of the adult family home or provide protective services for the client in accordance with the provisions of article 14 of chapter 39 of Kansas Statutes Annotated or may take both such actions.
(c) Authorized agents and representatives of the secretary shall conduct at least one unannounced inspection of each adult family home during each year for the purpose of determining whether the adult family home is complying with the provisions of this act and applicable rules and regulations relating to the health and safety of the clients of the adult family home.
History:
L. 1983, ch. 142, § 5; April 21.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 16 - Mental Health Reform › 39-1601 Citation of act.

39-1601.
Citation of act.
K.S.A. 39-1601 through 39-1612 and amendments thereto shall be known and may be cited as the mental health reform act.
History:
L. 1990, ch. 92, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 16 - Mental Health Reform › 39-1606 Meetings of governor's behavioral health services planning council; duties of council; visits to state psychiatric hospitals and other providers; annual reports.

39-1606. Meetings of governor's behavioral health services planning council; duties of council; visits to state psychiatric hospitals and other providers; annual reports.
(a) The governor's behavioral health services planning council shall hold regular quarterly meetings and such other meetings as the chairperson of such council deems advisable, and in addition shall meet at such other times upon the call of the secretary.
(b) It is the duty of the governor's behavioral health services planning council to:
(1) Confer, advise and consult with the secretary with respect to the policies governing the management and operation of all state psychiatric hospitals and facilities and community based behavioral health services;
(2) serve as an advocate for targeted population members and other individuals with mental illness, behavioral health or emotional problems;
(3) monitor, review and evaluate, not less than once each year, the allocation and adequacy of behavioral health services within the state;
(4) perform such other planning, reviewing and evaluating of behavioral health services in this state, as may be requested by the secretary or as may be prescribed by law; and
(5) consult with and advise the governor, from time to time, with reference to the management, conduct and operation of state psychiatric hospitals and behavioral health programs.
(c) A member or members of the governor's behavioral health services planning council, at least once each year, shall visit each state psychiatric hospital and may visit other providers of community based behavioral health services for the purpose of inspecting the state psychiatric hospital, mental health center or the facility of other such providers of community based behavioral health services. Such visits shall be made at such times and in such manner as the council determines at a regular meeting.
(d) The governor's behavioral health services planning council shall make annual reports to the governor and the members of the legislature and may make such recommendations as it deems advisable for appropriate legislation.
History:
L. 1990, ch. 92, § 6; L. 2013, ch. 54, § 2; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 16 - Mental Health Reform › 39-1607 Mental health and developmental disabilities; certain powers, duties and functions.

39-1607.
Mental health and developmental disabilities; certain powers, duties and functions.
All those powers, duties, functions of adult services, which were part of the adult services community and day living program, or similar programs prior to March 1, 1991, and which provide mental health services to persons, including persons residing in intermediate care facilities that provide mental health services, are powers, duties and functions of mental health and developmental disabilities.
History:
L. 1990, ch. 92, § 7; L. 1995, ch. 234, § 15; January 1, 1996.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 16 - Mental Health Reform › 39-1608 Mental health centers to develop community assessment of needs and plan to provide community based mental health services; approval by secretary; annual reviews and reports; amendments to plan; rules and regulations; guidelines for conduct of assessments of need, for development and operation of system of services and for periodic reporting to the secretary.

39-1608.
Mental health centers to develop community assessment of needs and plan to provide community based mental health services; approval by secretary; annual reviews and reports; amendments to plan; rules and regulations; guidelines for conduct of assessments of need, for development and operation of system of services and for periodic reporting to the secretary.
(a) On or before October 1, 1991, and in accordance with rules and regulations adopted by the secretary each mental health center shall prepare and adopt a community assessment of needs and a plan to provide community based mental health services for persons who are residents of the service delivery area of the mental health center and shall submit such assessment of needs and plan to the secretary for approval. Among other provisions, such plan shall include the provision of services to all targeted population members who apply therefor.
(b) Each mental health center shall conduct annual reviews of the community assessment of needs for the service delivery area and shall report annually to the secretary the results of such reviews and any amendments to the community assessment of needs or the plan to provide community based mental health services which are adopted. The amendments to such plan shall be subject to approval by the secretary in accordance with criteria prescribed by rules and regulations adopted by the secretary.
(c) Prior to October 1, 1991, the secretary shall adopt rules and regulations prescribing guidelines for the conduct of community assessments of need, for the development and operation of systems to provide community based mental health services within the service delivery area of the mental health center, and for periodic reporting to the secretary on the operations under such systems in accordance with this act.
History:
L. 1990, ch. 92, § 8; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 16 - Mental Health Reform › 39-1609 Provision of community based mental health services; technical and financial assistance.

39-1609.
Provision of community based mental health services; technical and financial assistance.
(a) Each mental health center may provide community based mental health services under the system established in accordance with this act and approved by the secretary either by directly providing such services or by providing such services through contracts with service providers, including other mental health centers, or both directly and through contracts with such service providers.
(b) Subject to and in accordance with the provisions of this act and appropriations acts, the secretary shall assist in the establishment and development of community based mental health services in each county by providing counties and mental health centers with technical assistance and financial assistance.
History:
L. 1990, ch. 92, § 9; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 16 - Mental Health Reform › 39-1611 Pilot project to provide psychiatric and substance abuse services for medicaid eligible residents less than 21 years of age; contract for such services; reports and information.

39-1611.
Pilot project to provide psychiatric and substance abuse services for medicaid eligible residents less than 21 years of age; contract for such services; reports and information.
Subject to applicable federal guidelines and regulations and the provisions of appropriations acts, the secretary shall negotiate and enter into a contract for a pilot project to be conducted during the fiscal year ending June 30, 1992. If the secretary conducts a pilot project under this section, the pilot project may be conducted to provide the medicaid services related to psychiatric and substance abuse services for Kansas medicaid eligible residents who are less than 21 years of age on the basis of a described set of such services to a predetermined population as prescribed by the contract. The contract shall not be subject to the competitive bid requirements of K.S.A. 75-3739 and amendments thereto. The services to be provided for such residents under the contract shall include but not be limited to case management services, day treatment, outpatient services and emergency services. The contract may be entered into by the secretary with a single mental health center or with a contracting agency to provide such services through a mental health center or other qualified service providers, or both, within an area of Kansas determined by the secretary. In determining the location of the pilot project and the area in which such services shall be provided, the secretary shall consider both those areas in which such services are being provided currently for such residents by mental health centers and those areas of Kansas in which such services can be provided for such residents at the time the pilot project is to commence under the contract. The secretary shall submit a preliminary report on the results of the pilot project to the committee on ways and means of the senate and the committee on appropriations of the house of representatives at the beginning of the 1992 regular session of the legislature. The secretary shall submit additional reports and information regarding the pilot project as requested by such committees during such legislative session.
History:
L. 1990, ch. 92, § 11; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 16 - Mental Health Reform › 39-1612 Act does not require mental health centers to make expenditures not approved by governing board of center.

39-1612. Act does not require mental health centers to make expenditures not approved by governing board of center.
Nothing in the mental health reform act shall authorize the secretary or the Kansas department for aging and disability services to require that mental health centers make expenditures other than expenditures approved for the mental health center by the governing board of the center.
History:
L. 1990, ch. 92, § 12; L. 2014, ch. 115, § 179; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 16 - Mental Health Reform › 39-1613 Catchment areas for state psychiatric hospitals; rules and regulations, guidelines.

39-1613. Catchment areas for state psychiatric hospitals; rules and regulations, guidelines.
(a) The secretary for aging and disability services is hereby authorized to adopt rules and regulations to define and redefine the Osawatomie state hospital catchment area and Larned state hospital catchment area as may be necessary in the opinion of the secretary for aging and disability services to accommodate shifts in populations in need of mental health services within available community mental health facility and state institution capacities and resources and in accordance with the following:
(1) Each such catchment area shall be defined by contiguous counties that are designated by name;
(2) no county shall be included in more than one such catchment area;
(3) each county shall be included in the Osawatomie state hospital catchment area or Larned state hospital catchment area; and
(4) No designated community mental health center shall be included in more than one such catchment area.
(b) Each rule and regulation adopted, amended or revived under this section shall be published in its entirety in the Kansas register in the first issue published after such adoption, amendment or revival.
History:
L. 1993, ch. 225, § 1; L. 2014, ch. 115, § 180; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 17 - Children, Adolescents, Families; Interagency Provision Of Services › 39-1701 Interagency provision of services for children, adolescents and families act; purpose and intention of act.

39-1701.
Interagency provision of services for children, adolescents and families act; purpose and intention of act.
This act shall be known and may be cited as the interagency provision of services for children, adolescents and families act. It is the purpose and intention of this act to provide for regional interagency councils which will collaborate in the provision of services for children and adolescents in this state who require multiple levels and kinds of specialized services which are beyond the capability of one agency. Such services shall be provided in accord with the identified needs of each such child or adolescent, and in the least restrictive environment.
History:
L. 1992, ch. 264, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 17 - Children, Adolescents, Families; Interagency Provision Of Services › 39-1702 Definitions.

39-1702. Definitions.
As used in this act:
(a) "Children and adolescents who require multiple levels and kinds of specialized services which are beyond the capability of one agency" means children and adolescents who are residents of Kansas, and with respect to whom there is documentation that: (1) Various agencies have acknowledged the need for a certain type of service and have taken action to provide that level of care; (2) various agencies have collaborated to develop a program plan to meet the needs of the child or adolescent; and (3) various agencies have collaborated to develop programs and funding to meet the need of the child or adolescent, and that existing or alternative programs and funding have been exhausted or are insufficient or inappropriate in view of the distinctive nature of the situation of the child or adolescent.
(b) "Agency" means and includes county health departments, area offices of the Kansas department for children and families or the Kansas department for aging and disability services, district offices of the department of health and environment, local offices of the department of labor, boards of education of public school districts, community mental health centers, community facilities for people with intellectual or developmental disabilities, or both, district courts, county commissions and law enforcement agencies.
(c) "Authorized decision makers" means agency representatives who have the authority to commit the resources of the agency they represent in the provision of services to any child or adolescent whose needs are brought before a regional interagency council.
(d) "District court" means the chief judge for a judicial district.
(e) "Parent" means a natural parent, an adoptive parent, a stepparent, a foster care provider of a child or adolescent for whom services are needed from more than one agency or a person acting as parent of a child or adolescent for whom services are needed from more than one agency.
(f) "Person acting as parent" means a guardian or conservator, or a person, other than a parent, who is liable by law to maintain, care for or support a child or adolescent, who has actual care and custody of the child or adolescent and is contributing the major portion of the cost of support of the child or adolescent, who has actual care and control of the child or adolescent with the written consent of a person who has legal custody of the child or adolescent or who has been granted custody of the child or adolescent by a court of competent jurisdiction.
History:
L. 1992, ch. 264, § 2; L. 1999, ch. 57, § 46; L. 2004, ch. 179, § 3; L. 2012, ch. 91, § 31; L. 2018, ch. 71, § 36; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 17 - Children, Adolescents, Families; Interagency Provision Of Services › 39-1703 System of regional interagency councils; establishment; purpose; rules and regulations.

39-1703. System of regional interagency councils; establishment; purpose; rules and regulations.
There is hereby established a system of regional interagency councils to coordinate or assure delivery of services for children and adolescents who require multiple levels and kinds of specialized services which are beyond the capability of one agency. The secretary for aging and disability services shall adopt rules and regulations to implement the provisions of this act.
History:
L. 1992, ch. 264, § 3; L. 2014, ch. 115, § 181; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 18 - Developmental Disabilities Reform › 39-1801 Citation of act.

39-1801.
Citation of act.
The provisions of K.S.A. 39-1801 through 39-1810 shall be known and may be cited as the developmental disabilities reform act.
History:
L. 1995, ch. 234, § 1; January 1, 1996.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 18 - Developmental Disabilities Reform › 39-1802 Policy of state.

39-1802.
Policy of state.
It is the policy of this state to assist persons who have a developmental disability to have:
(a) Services and supports which allow persons opportunities of choice to increase their independence and productivity and integration and inclusion into the community;
(b) access to a range of services and supports appropriate to such persons; and
(c) the same dignity and respect as persons who do not have a developmental disability.
History:
L. 1995, ch. 234, § 2; January 1, 1996.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 18 - Developmental Disabilities Reform › 39-1805 Powers and duties of community developmental disability organization.

39-1805.
Powers and duties of community developmental disability organization.
In addition to any other power and duty prescribed by law, and subject to appropriations, a community developmental disability organization shall have the power and duty to:
(a) Directly or by subcontract, serve as a single point of application or referral for services, and assist all persons with a developmental disability to have access to and an opportunity to participate in community services, except in those circumstances in which the secretary determines, subject to an immediate hearing before the district court located in the county in which the person with a developmental disability resides, participation in community services is not the appropriate placement for such person because such person is presently likely to cause harm to self or others;
(b) provide either directly or by subcontract, services to persons with a developmental disability, including, but not limited to, eligibility determination; explanation of available services and service providers; case management services, if requested; assistance in establishing new providers, if requested; and advocacy for participation in community services;
(c) organize a council of community members, consumers or their family members or guardians, and community service providers, composed of a majority of consumers or their family members or guardians who shall meet not less than quarterly to address systems issues, including, but not limited to, planning and implementation of services; and develop and implement a method by which consumer complaints, interagency and other intrasystem disputes are resolved;
(d) provide, directly or by subcontract, information about affiliate and referral services to persons with a developmental disability whose particular needs can be met in the community or through government; and
(e) ensure that affiliates have the option to review referrals and waiting lists on a periodic basis to contact potential consumers with information concerning their services.
History:
L. 1995, ch. 234, § 5; January 1, 1996.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 18 - Developmental Disabilities Reform › 39-1806 Establishment of system of funding, quality assurance and contracting.

39-1806.
Establishment of system of funding, quality assurance and contracting.
To carry out the provisions of this act, the secretary shall establish after consultation with representatives of community developmental disability organizations and affiliates thereof, and families and consumer advocates:
(a) A system of adequate and reasonable funding or reimbursement for the delivery of community services that:
(1) For persons moving from institutions into the community, directs funding to follow in an amount not less than that which is required to reimburse community service providers for services as set forth in such person's plan for transfer from the institution to community services including expenses of relocation and initiation of services;
(2) consolidates federal and state funding sources;
(3) requires an independent, professional review of the rate structures on a biennial basis resulting in a recommendation to the legislature regarding rate adjustments. Such recommendation shall be adequate to support: (A) A system of employee compensation competitive with local conditions; (B) training and technical support to attract and retain qualified employees; (C) a quality assurance process which is responsive to consumers' needs and which maintains the standards of quality service; (D) risk management and insurance costs; and (E) program management and coordination responsibilities;
(b) a system of quality assurance based on standards set out in rules and regulations adopted by the secretary which insures effective service delivery, fiscal accountability and networking cooperation and which allows community service providers to present evidence of attainment of national accreditation or compliance with state or federal laws or rules and regulations, or both, to indicate compliance with such standards; and
(c) a system of contracting that:
(1) Authorizes open and equitable negotiation between contracting parties or their designated agent or agents;
(2) authorizes mediation by an independent entity chosen by the parties to the contract in the event of contract disputes and if mediation is not completed prior to the end of any existing contract, authorizes an extension of time of such existing contract or entering into a temporary contract;
(3) requires achievement and maintenance of community services standards by community service providers;
(4) includes compensation for community services which meet the individualized needs of persons with developmental disabilities for community services; and
(5) requires community developmental disability organizations to contract with those affiliates from whom a person with a developmental disability chooses services.
History:
L. 1995, ch. 234, § 6; January 1, 1996.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 18 - Developmental Disabilities Reform › 39-1808 Act does not require community service provider to make certain expenditures.

39-1808.
Act does not require community service provider to make certain expenditures.
Nothing in this act shall authorize the secretary to require a community service provider to make expenditures not in compliance with contracts or agreements entered into by the governing board of such provider.
History:
L. 1995, ch. 234, § 8; January 1, 1996.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 18 - Developmental Disabilities Reform › 39-1809 Act does not create any entitlement to services.

39-1809.
Act does not create any entitlement to services.
Nothing in this act shall create any entitlement to services.
History:
L. 1995, ch. 234, § 9; January 1, 1996.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 18 - Developmental Disabilities Reform › 39-1810 Rules and regulations.

39-1810.
Rules and regulations.
The secretary may adopt rules and regulations to carry out the provisions of this act.
History:
L. 1995, ch. 234, § 10; January 1, 1996.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 19 - Kansas Department For Aging And Disability Services; Kansas Department For Children And Families › 39-1901 Kansas department for aging and disability services; secretary for aging and disability services; powers, duties or functions; references to prior agency; rules and regulations.

39-1901. Kansas department for aging and disability services; secretary for aging and disability services; powers, duties or functions; references to prior agency; rules and regulations.
The department on aging is hereby renamed the Kansas department for aging and disability services. Except as otherwise provided by K.S.A. 39-1901 through 39-1914, and amendments thereto, whenever the department on aging, or words of like effect, are referred to or designated by any statute, rule and regulation, contract or any other document regardless of whether such reference is in regard to any of the powers, duties or functions transferred pursuant to K.S.A. 39-1901 through 39-1914, and amendments thereto, or not, such reference or designation shall be deemed to apply to the Kansas department for aging and disability services. Except as otherwise provided by K.S.A. 39-1901 through 39-1914, and amendments thereto, whenever the secretary of aging, or words of like effect, are referred to or designated by any statute, rule and regulation, contract or any other document regardless of whether such reference is in regard to any of the powers, duties or functions transferred pursuant to K.S.A. 39-1901 through 39-1914, and amendments thereto, or not, such reference or designation shall be deemed to apply to the secretary for aging and disability services.
History:
Executive Reorganization Order No. 41, § 1; L. 2012, ch. 185, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 19 - Kansas Department For Aging And Disability Services; Kansas Department For Children And Families › 39-1902 Kansas department for children and families; secretary for children and families; powers, duties or functions; references to prior agency; rules and regulations.

39-1902. Kansas department for children and families; secretary for children and families; powers, duties or functions; references to prior agency; rules and regulations.
The department of social and rehabilitation services is hereby renamed the Kansas department for children and families. Whenever the department of social and rehabilitation services, or words of like effect, are referred to or designated by any statute, rule and regulation, contract or any other document regardless of whether such reference is in regard to any of the powers, duties or functions transferred pursuant to K.S.A. 39-1901 through 39-1914, and amendments thereto, or not, such reference or designation shall be deemed to apply to the Kansas department for children and families. Except as otherwise provided by K.S.A. 39-1901 through 39-1914, and amendments thereto, whenever the secretary of social and rehabilitation services, or words of like effect, are referred to or designated by any statute, rule and regulation, contract or any other document regardless of whether such reference is in regard to any of the powers, duties or functions transferred pursuant to K.S.A. 39-1901 through 39-1914, and amendments thereto, or not, such reference or designation shall be deemed to apply to the secretary for children and families.
History:
Executive Reorganization Order No. 41, § 2; L. 2012, ch. 185, § 2; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 19 - Kansas Department For Aging And Disability Services; Kansas Department For Children And Families › 39-1904 Kansas department for aging and disability services; programs and operation of institutions transferred.

39-1904. Kansas department for aging and disability services; programs and operation of institutions transferred.
(a) All institutions, as defined by subsection (b) of K.S.A. 76-12a01, and amendments thereto, and the programs operated by such institutions are hereby transferred from the Kansas department for children and families to the Kansas department for aging and disability services.
All such institutions shall be administered by the secretary for aging and disability services.
(b) Except as otherwise provided by K.S.A. 39-1901 through 39-1914, and amendments thereto, all powers, duties and functions of the secretary for children and families pertaining to the programs and operation of the institutions, as defined by subsection (b) of K.S.A. 76-12a01, and amendments thereto, are hereby transferred to and imposed upon the secretary for aging and disability services.
(c) The Kansas department for aging and disability services shall be the successor in every way to the powers, duties and functions of the Kansas department for children and families pertaining to the programs and operation of institutions that are transferred by K.S.A. 39-1901 through 39-1914, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the Kansas department for aging and disability services shall be deemed to have the same force and effect as if performed by the Kansas department for children and families in which such powers, duties and functions were vested prior to the effective date of K.S.A. 39-1901 through 39-1914, and amendments thereto.
History:
Executive Reorganization Order No. 41, § 4; L. 2012, ch. 185, § 4; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 19 - Kansas Department For Aging And Disability Services; Kansas Department For Children And Families › 39-1905 Kansas department for aging and disability services; references to the Kansas department for children and families; powers duties, functions, rules and regulations, orders and directives transferred; organization of programs by secretary.

39-1905. Kansas department for aging and disability services; references to the Kansas department for children and families; powers duties, functions, rules and regulations, orders and directives transferred; organization of programs by secretary.
(a) Whenever the Kansas department for children and families, the secretary for children and families, or words of like effect, is referred to or designated by a statute, contract or other document and such reference is in regard to any of the powers, duties or functions transferred to the Kansas department for aging and disability services from the Kansas department for children and families by K.S.A. 39-1901 through 39-1914, and amendments thereto, such reference or designation shall be deemed to apply to the Kansas department for aging and disability services or the secretary for aging and disability services.
(b) All rules and regulations, orders and directives of the Kansas department for children and families, or the secretary for children and families, or words of like effect, which relate to the functions transferred by K.S.A. 39-1901 through 39-1914, and amendments thereto, and which are in effect on the effective date of K.S.A. 39-1901 through 39-1914, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the Kansas department for aging and disability services and the secretary for aging and disability services until revised, amended, revoked or nullified pursuant to law.
(c) The secretary for aging and disability services shall determine the manner in which disability and behavioral health programs are organized within the Kansas department for aging and disability services.
(d) The secretary for aging and disability services shall determine the manner in which programs provided by the institutions, as defined by subsection (b) of K.S.A. 76-12a01, and amendments thereto, are organized within the Kansas department for aging and disability services.
History:
Executive Reorganization Order No. 41, § 5; L. 2012, ch. 185, § 5; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 19 - Kansas Department For Aging And Disability Services; Kansas Department For Children And Families › 39-1907 Kansas department for aging and disability services; transfer of Kansas department for children and families appropriations; liability for compensation or salaries for transferred officers and employees; problem gambling and addictions grant fund.

39-1907. Kansas department for aging and disability services; transfer of Kansas department for children and families appropriations; liability for compensation or salaries for transferred officers and employees; problem gambling and addictions grant fund.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the Kansas department for children and families relating to the powers, duties and functions transferred by this order are hereby transferred within the state treasury to the Kansas department for aging and disability services and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the Kansas department for aging and disability services under K.S.A. 39-1901 through 39-1914, and amendments thereto, shall be assumed and paid by the Kansas department for aging and disability services.
(c) The problem gambling and addictions grant fund and all fees, grant funds and loan repayment funds of the Kansas department for children and families dedicated to programs transferred by K.S.A. 39-1901 through 39-1914, and amendments thereto, shall be transferred to the Kansas department for aging and disability services.
History:
Executive Reorganization Order No. 41, § 7; L. 2012, ch. 185, § 7; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 19 - Kansas Department For Aging And Disability Services; Kansas Department For Children And Families › 39-1909 Kansas department for aging and disability services; psychiatric residential treatment facility licensure program transferred; powers, duties and functions of program transferred.

39-1909. Kansas department for aging and disability services; psychiatric residential treatment facility licensure program transferred; powers, duties and functions of program transferred.
(a) The psychiatric residential treatment facility licensure program of the department of health and environment is hereby transferred to the Kansas department for aging and disability services and shall be a part thereof. The psychiatric residential treatment facility licensure program shall be administered by the secretary for aging and disability services. As used in this section, "psychiatric residential treatment facility licensure program" means that portion of the licensure program of the department of health and environment under K.S.A. 65-501 et seq., for licensure of child care facilities, as defined by subsection (c) of K.S.A. 65-503, and amendments thereto, that are psychiatric residential treatment facilities, as defined by subsection (k) of K.A.R. 28-4-1200 on the effective date of K.S.A. 39-1901 through 39-1914, and amendments thereto, and subsection (g)(3) of K.S.A. 72-1173, and amendments thereto.
(b) Except as otherwise provided by K.S.A. 39-1901 through 39-1914, and amendments thereto, all powers, duties and functions of the secretary of health and environment pertaining to the psychiatric residential treatment facility licensure program transferred by K.S.A. 39-1901 through 39-1914, and amendments thereto, are hereby transferred to and imposed upon the secretary for aging and disability services.
(c) The Kansas department for aging and disability services shall be the successor in every way to the powers, duties and functions of the department of health and environment pertaining to the psychiatric residential treatment facility licensure program transferred by K.S.A. 39-1901 through 39-1914, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the Kansas department for aging and disability services shall be deemed to have the same force and effect as if performed by the department of health and environment in which such powers, duties and functions were vested prior to the effective date of K.S.A. 39-1901 through 39-1914, and amendments thereto.
History:
Executive Reorganization Order No. 41, § 9; L. 2012, ch. 185, § 9; July 1.