Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 43 - CORPORATE GUARDIANS › Section 30-43-1 - Certification of corporate guardians

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 corporation requesting to be certified as suitable to perform the duties of a
			 guardian shall make application on forms prescribed by the secretary. Each
			 corporation, along with its application, shall furnish the agency with a copy
			 of its articles of incorporation, an organizational chart, including the names
			 of the board of directors, a current financial statement, and a detailed plan
			 of operation concerning its functions as a corporate guardian. The corporation
			 shall update the information provided on the application and attachments, as
			 necessary.
(b) To be eligible for
			 certification, each corporation shall:
(1)
			 Provide proof of corporate stability;
(2) provide proof of financial solvency;
(3) have access to qualified
			 professionals to provide consultation concerning the needs of the wards for
			 whom the corporation is acting as guardian;
(4) have access to an attorney to provide
			 necessary legal services in relationship to its guardian responsibilities;
(5) maintain liability insurance
			 coverage of at least $25,000.00 per occurrence for the protection of the wards
			 from corporate negligence;
(6)
			 provide orientation and in-service training, as approved by the agency, to
			 persons working with wards and their supervisors. No person may serve as a
			 supervisor or be directly responsible for a ward unless that person has
			 attended the required orientation or in-service training sessions, as
			 appropriate;
(7) assign a specific
			 individual to be directly responsible for each ward. No person shall be
			 directly responsible for more than 15 wards;
(8) assign a supervisor to each person who is
			 directly responsible for a ward. No supervisor shall have more than 10
			 supervisees;
(9) not assign a
			 person to be a supervisor or to work with wards if that person has ever been:
(A) Convicted of a felony or crime against
			 persons;
(B) removed as a guardian
			 or conservator by the court for cause; or
(C) relieved of responsibilities in the
			 guardianship program by a corporation for cause;
(10) ensure that the person assigned the
			 direct responsibility for a ward lives within 50 miles of the ward, has an
			 active involvement with the ward and makes contact with the ward, as necessary,
			 encourages appropriate interaction of immediate family members, relatives, and
			 friends with the ward, and effectively carries out the corporation's
			 guardianship responsibility to the ward. The person who is assigned
			 responsibility for a ward shall contact the ward at least once each week and
			 shall meet in person with the ward at least once each month. If a ward's mental
			 status is diminished to the extent that the ward cannot communicate with the
			 person assigned to the ward, the weekly contact shall be with a person who has
			 day to day contact with the ward or who supervises such activities;
(11) designate back-up persons for each
			 person assigned to a ward and maintain a 24 hour telephone system, at no cost
			 to the ward, to ensure coverage in an emergency;
(12) ensure that a ward is not used in a fund
			 raising or publicity campaign without the approval of the agency;
(13) have a written grievance procedure for
			 wards;
(14) assign a specific
			 staff person to act on behalf of the corporation to carry out the corporation's
			 guardianship responsibility for each ward for whom the corporation is acting as
			 guardian;
(15) maintain a file and
			 case log for each ward;
(16)
			 furnish reports to the agency, as requested;
(17) report serious injuries of wards to the
			 agency within 72 hours of their occurrence;
(18) notify the agency if a supervisor or
			 person working with a ward is:
(A) Convicted
			 of a felony or crime against persons;
(B) removed as a guardian or conservator by
			 the court for cause; or
(C)
			 relieved of responsibilities in the guardianship program by a corporation for
			 cause; and
(19) allow
			 the agency to have access to wards and their records.