reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-289 - Admission policies and procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Written
			 admission criteria shall be clearly defined.
(b) Intake policies.
(1) Identifying information shall be obtained
			 to initiate each juvenile's record. This information shall include a
			 description of behavior and obvious physical problems of each juvenile.
(2) An arrest record shall
			 accompany each juvenile to the facility. A detention hearing shall be held as
			 designated in the juvenile code.
(3) If it is known that the juvenile's
			 parents, guardian or other custodians have not been notified, the facility's
			 staff shall notify such persons of custody.
(4) Prior to admission, each juvenile shall
			 be searched and items removed that might be used to injure self or others.
(5) Upon admission, if a juvenile
			 surrenders money and personal property, a record of each of these properties
			 shall be signed by both the juvenile and the attendant and placed in the
			 juvenile's record. Each refusal to sign shall be documented.
(6) A health history checklist shall be
			 completed for each juvenile at the time of admission. Each checklist shall be
			 completed by the person who admits the juvenile, using the forms supplied by
			 the Kansas department of health and environment.
(7) Each juvenile shall not be admitted if he
			 or she shows evidence of being seriously ill or injured until examined by a
			 physician.
(8) Upon admission,
			 rules and regulations of the facility shall be discussed with each juvenile,
			 and the juvenile shall sign a statement that the rules and regulations have
			 been reviewed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-290 - Program

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A written plan
			 and daily routine shall be maintained for all juveniles that shall include
			 supervision, meals, rest and sleep, personal hygiene, physical exercise, work,
			 recreation, visitation and communication.
(b) Supervision.
(1) Each juvenile shall be supervised at all
			 times.
(2) Activities that would
			 interfere with the care of a juvenile shall not be carried out by an attendant
			 while on duty.
(3) Alcohol or
			 non-prescribed controlled substances as defined in
			 K.S.A.
			 65-4101 and any amendments of it shall not be
			 consumed by any juvenile or attendant while on duty.
(4) Smoking shall be confined to designated
			 smoking areas in the facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-291 - (a) Health care policies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(1) Each facility,
			 in consultation with a physician or community health nurse, and using the
			 Kansas department of health and environment health care guidelines as a
			 resource, shall develop written health care guidelines covering the following
			 areas:
(A) Care of minor illness, including
			 the use of nonprescription drugs;
(B) care of juveniles under the influence of
			 alcohol and drugs; and
(C)
			 consultation regarding individual juveniles when indicated.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-292 - Safety procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Plans shall be
			 developed for the care of juveniles in disasters such as fires, tornadoes,
			 storms, floods, and civil disorders, as well as occurrences of serious illness
			 or injury to staff or juveniles.
(b) Each disaster plan shall be posted and
			 followed in an emergency.
(c) Each
			 incident resulting in the death of or serious injury to any staff member of the
			 facility or juvenile admitted to the facility shall be reported to the Kansas
			 department of health and environment. Each incident involving any juvenile
			 shall be reported to the parent or guardian.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-293 - Physical plant

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each facility
			 shall be clean and free from safety hazards.
(b)
(1) Any
			 facility may be located in a non-secure area at a sheriff's office, state
			 police post, detoxification center, community mental health center, local
			 hospital or similar facility which meets all applicable codes.
(2) Community resources including but not
			 limited to health services, police protection, and fire protection shall be
			 available to the attendant care facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-294 - Transportation

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each facility that provides transportation for juveniles shall
				meet the following requirements:
(a)
			 Each driver of the vehicle shall hold an operator's license of a type
			 appropriate for the vehicle being used.
(b) Each transporting vehicle shall be
			 maintained in safe operating condition.
(c) Each transporting vehicle shall be
			 equipped with an individual seat belt for the driver, each juvenile passenger
			 and each additional passenger. The driver, each juvenile passenger and each
			 additional passenger shall use the seat belts.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-311 - Definition

Current through Register Vol. 43, No. 28, July 11,
			 2024
"Family foster home" means a child care facility that is a
				private residence, including any adjacent grounds, in which a licensee provides
				care for 24 hours a day for one or more children in foster care and for which a
				license is required by
				K.A.R.
				28-4-801.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-331 - Licensing procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A person shall
			 not operate a secure residential treatment facility that provides treatment to
			 youth under 16 years of age, unless issued a license by the department.
(b) Each person desiring to
			 operate a secure residential treatment facility that provides treatment to
			 youth under 16 years of age shall submit the following:
(1) An application for a license on forms
			 provided by the department; and
(2) the license fee as specified in
			 K.S.A.
			 65-505, and amendments thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-332 - Terms of license

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The maximum
			 number of youth and the age range of youth who may be treated in each secure
			 residential treatment facility shall be specified on the facility's license. No
			 youth less than 10 years of age shall be admitted to a secure residential
			 treatment facility. No youth more than 18 years of age shall be admitted to a
			 secure residential treatment facility, but any person admitted for treatment
			 may continue to receive treatment until that person is 21 years of age.
(b) Each license issued by the
			 department shall be valid only for the firm, corporation, or association
			 appearing on the license and for the address listed on the license.
(c) Advertising for each secure residential
			 treatment facility shall conform to the statement of services as given on the
			 application. A claim for specialized services shall not be made unless the
			 secure residential treatment facility is staffed and equipped to offer those
			 services.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-333 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Organization.
(1) Each secure residential treatment
			 facility shall be governed by one of the following entities:
(A) A public agency, who shall employ an
			 administrator for the secure residential treatment facility; or
(B) a private entity with a governing board
			 that is legally responsible for the operation, policies, finances, and general
			 management of the secure residential treatment facility. The private entity
			 shall employ an administrator for the secure residential treatment facility.
			 The administrator shall not be a voting member of the governing board.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-334 - Staff development

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 having contact with youth shall demonstrate emotional maturity, sound judgment,
			 and a sound knowledge of the developmental needs of youth.
(b) Administrator qualifications.
(1) Each administrator shall demonstrate the
			 following:
(A) Knowledge of the principles,
			 practices, methods, and techniques of administration and management;
(B) ability to train, supervise, plan,
			 direct, and evaluate the work of others, as documented by experience, training,
			 or a combination of both;
(C)
			 ability to establish and maintain effective working relationships with others;
(D) ability to establish and
			 maintain effective working relationships with governmental agencies, schools,
			 other treatment facilities, and community organizations;
(E) knowledge of the methods and techniques
			 used in dealing with youth in a residential setting; and
(F) knowledge of principles and techniques of
			 behavioral and mental health treatment and care of youth and of the growth,
			 development, needs, and unique problems of youth.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-335 - Admission and release policies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Before
			 admission, each youth shall be evaluated by a person approved by the Kansas
			 behavioral sciences regulatory board, Kansas board of nursing, or Kansas board
			 of healing arts to diagnose and treat mental and behavioral disorders, or by a
			 qualified mental health professional as defined in
			 K.S.A.
			 59-2946(j) and amendments
			 thereto, to determine all of the following:
(1) Whether or not the youth is a danger to
			 self or others;
(2) whether or not
			 secure treatment is clinically indicated; and
(3) whether or not there are other less
			 restrictive facilities that could meet the youth's needs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-336 - Program and services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each secure
			 residential treatment facility shall keep documentation of each youth's
			 preadmission evaluation in the youth's file.
(b) An interdisciplinary treatment team shall
			 develop an individualized plan of care for each youth admitted to the secure
			 residential treatment facility. The team shall review the treatment plan every
			 30 days and shall update the treatment plan as necessary. Each review shall be
			 documented and signed by the clinical director or the clinical director's
			 designee.
(c) The treatment team
			 shall be headed by the clinical director or the clinical director's designee.
(d) Each facility shall maintain a
			 written plan and daily routine for all youth, which shall include the
			 following:
(1) Meals;
(2) rest and sleep;
(3) personal hygiene;
(4) physical exercise;
(5) recreation;
(6) mental health services;
(7) education; and
(8) social services.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-337 - Records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Personnel
			 records. Each secure residential treatment facility shall maintain individual
			 personnel records for each staff member, which shall include the following
			 information:
(1) The staff member's job
			 application, including all of the following:
(A) Identifying information;
(B) the staff member's qualifications; and
(C) character and employment
			 references;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-338 - Behavior management

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Policies.
(1) Each secure residential treatment
			 facility shall establish and implement written policy providing for a behavior
			 management system that assists youth to develop inner control and manage their
			 own behavior in a socially acceptable manner. The policy shall provide the
			 following:
(A) Expectations that are age
			 appropriate and that allow for special abilities and limitations; and
(B) positive and negative
			 consequences related to each expectation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-339 - Rights of youth

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The rights of
			 youth while in the licensee's care or control shall not be diminished or denied
			 for disciplinary reasons.
(b) Each
			 secure residential treatment facility shall establish and implement written
			 policies and procedures concerning the rights of the youth. These policies and
			 procedures shall provide that youth are assured of their rights, except if it
			 is necessary to maintain order and security in the secure residential treatment
			 facility or if it is contrary to a youth's approved treatment plan. These
			 policies and procedures shall ensure the following:
(1) Freedom from personal abuse, corporal or
			 unusual punishment, excessive use of force, humiliation, harassment, mental
			 abuse, or punitive interference with the daily functions of living, including
			 eating or sleeping;
(2) freedom
			 from discrimination based on race, color, ancestry, religion, national origin,
			 sex, or disability;
(3) equal
			 access to programs and services for both male and female youth in coed
			 facilities;
(4) receipt and
			 explanation of written rules and grievance procedures of the facility, in a
			 language that the youth can understand;
(5) opportunity for physical exercise on a
			 daily basis, including outdoor exercise if weather permits;
(6) participation in religious worship and
			 religious counseling on a voluntary basis, subject only to the limitations
			 necessary to maintain order and security;
(7) reasonable religious diets;
(8) the right to wear personal clothing
			 consistent with secure residential treatment facility guidelines. If the
			 facility provides clothing, it shall be of proper size and shall be approved by
			 the department;
(9) access to the
			 courts and confidential contact with attorneys, judges, parents, social
			 workers, and other professionals, including telephone conversations, visits,
			 and correspondence;
(10) medical
			 treatment and emergency dental care, a medically proper diet, and the right to
			 know what and why medications are being prescribed;
(11) the right to send and receive uncensored
			 mail in accordance with K.A.R. 28-4-336(i)(4);
(12) the right to receive visitors and
			 communication in accordance with the facility's visitation policies;
(13) the right to determine the length and
			 style of hair, except when a physician determines that a haircut is medically
			 necessary; and
(14) the right to
			 keep facial hair, if desired, except when a licensed physician determines that
			 removal is medically necessary for health and safety.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-340 - Emergency, safety, security, and control

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each secure
			 residential treatment facility shall develop a disaster plan to provide for the
			 safety of youth in emergencies. The licensee shall review the plan at least
			 annually and update as needed. The plan and any subsequent updates shall be
			 approved by the state fire marshal or the fire marshal's designee.
(1) The disaster plan shall contain
			 provisions for the care of youth in disasters, including fires, tornadoes,
			 storms, floods, and civil disorders, as well as occurrences of serious illness
			 or injury to staff members and youth.
(2) All of the staff in the secure
			 residential treatment facility shall be informed of the disaster plans, and the
			 plans shall be posted in a prominent location.
(3) Each secure residential treatment
			 facility shall have first aid supplies, including the following:
(A) Assorted adhesive strip bandages;
(B) adhesive tape;
(C) a roll of gauze;
(D) scissors;
(E) a package of gauze squares;
(F) pump soap;
(G) an elastic bandage;
(H) tweezers; and
(I) rubbing alcohol.
(4) Each secure residential treatment
			 facility that uses involuntary seclusion shall have a policy and procedure to
			 evacuate each youth in seclusion in the event of a fire or other emergency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-341 - Health care policies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Health services
			 for youth.
(1) Each secure residential
			 treatment facility, in consultation with a physician, shall develop written
			 health care policies that cover the following:
(A) A health history checklist and review for
			 each youth upon admission, as documented on forms approved by the department;
(B) follow-up health care,
			 including a health examination and referrals, for concerns identified in the
			 health history checklist and review;
(C) dental screening upon admission and
			 follow-up emergency dental care as needed;
(D) preventive dental care for youth;
(E) chronic care, convalescent
			 care, and preventive care, if medically indicated;
(F) care for minor illness, including the use
			 and administration of prescription and nonprescription drugs;
(G) care for youth under the influence of
			 alcohol or other drugs;
(H)
			 consultation regarding individual youth, if indicated;
(I) infection control measures and universal
			 precautions to prevent the spread of blood-borne infectious diseases;
(J) maternity care as defined in
			 K.A.R. 28-4-279; and
(K) medically
			 indicated seclusion.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-342 - Mental health policies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The treatment
			 and activities provided by the secure residential treatment facility for youth
			 shall supplement and support the family-child relationship.
(b) The views of the parents, the youth, and
			 the placing agent concerning factors important to them in the emotional
			 development of the youth shall be considered by the staff in the services
			 provided.
(c) The licensee shall
			 assess the need for mental health services for each youth. The youth's plan of
			 care shall include the need for mental health services and shall be developed
			 to address the need for mental health services through a goal-directed process.
(d) Mental health concepts, as an
			 integral aspect of total child development, shall be included in staff training
			 and in parent-youth conferences.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-343 - Environmental standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 building requirements.
(1) Each secure
			 residential treatment facility shall use public water and sewage systems, or
			 shall have private water and sewage systems approved pursuant to
			 K.S.A.
			 65-163 and
			 K.S.A.
			 65-165, and amendments thereto.
(2) A licensed architect shall be responsible
			 for the plans for any newly constructed building or for any major addition or
			 alteration to an existing building.
(A) In
			 the case of a new building, preliminary plans and outline specifications,
			 including plot plans, shall be submitted to the department for review before
			 commencing the final working drawings and specifications. The licensee shall
			 submit the final working drawings, construction specifications, and plot plans
			 to the department for review and written approval before the letting of
			 contracts.
(B) In the case of an
			 addition or alteration to an existing building, the licensee shall submit a
			 written statement defining the proposed use of the construction and detailing
			 the plans and specifications to the department for review and written approval
			 before commencing construction.
(3) If construction is not commenced within
			 one year of submitting a proposal for a new building or an addition or
			 alteration to an existing building, the licensee shall resubmit the plans and
			 proposal to the department before proposed construction begins.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-351 - Licensing procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A person shall
			 not conduct a center for children under 16 years of age, unless the person has
			 been issued a license to do so by the department.
(b) Any person desiring to conduct a center
			 shall apply for a license on forms provided by the department and submit the
			 license fee as specified in
			 K.S.A.
			 65-505, and amendments thereto.
(c) Centers operated by or receiving support
			 from county or municipal governments shall meet the same requirements for
			 licensure as those for facilities operated by nongovernmental entities.
(d) Each application for a license
			 shall be accompanied by the following:
(1) A
			 written proposal that details the following:
(A) The purpose of the center;
(B) the administration plan for the program,
			 including an organizational chart;
(C) the financing plan for the program;
(D) staffing for the program,
			 including job descriptions; and
(E) the program to be offered, including the
			 number, age range, and sex of the juveniles to be served;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-352 - Terms of license

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The maximum
			 number and age range of juveniles who may be cared for in each living unit
			 shall be specified on each license.
(b) Any license issued shall not be
			 transferable and shall be valid only for the original licensee at the address
			 appearing on the license. A new application shall be submitted for each change
			 of ownership, sponsor, or address of the center.
(c) The license shall not be construed to
			 permit placement of children.
(d)
			 No activities which would interfere with the care of the juveniles shall be
			 carried out in the center.
(e)
			 Advertisements shall conform to the statement of services provided on the
			 application. Under no circumstances shall claims regarding specialized services
			 be made unless the center is staffed and equipped to offer the services or has
			 made arrangements for the services as outlined in K.A.R. 28-4-355. No general
			 claim regarding "state approval" shall be made unless the center has obtained a
			 full license issued by the Kansas department of health and environment.
A license for an additional facility operated by a licensee
				shall not be issued until all existing facilities operated by the licensee are
				in compliance with licensing regulations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-353 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Organization.
(1) The center shall be administered by:
(A) A public agency; or
(B) A private entity with a governing board
			 which is legally responsible for the operation, policies, finances and general
			 management of the center. The director shall not be a voting member of the
			 governing board.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-353a - Staff development

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 having contact with juveniles shall demonstrate emotional maturity, sound
			 judgment, and a sound knowledge of the developmental needs of children.
(b) Center director
			 qualifications.
(1) Each center director
			 shall demonstrate the following skills and abilities:
(A) Thorough knowledge of the Kansas code for
			 the care of children and the Kansas juvenile offender code;
(B) considerable knowledge of principles and
			 techniques applicable to the care and rehabilitation of juveniles and to the
			 growth, development, needs and unique problems of children;
(C) considerable knowledge of the principles,
			 practices, methods and techniques of administration and management;
(D) ability to train, supervise, plan, direct
			 and evaluate the work of others, as documented by experience, training or a
			 combination of both;
(E) ability
			 to establish and maintain effective working relationships with others; and
(F) ability to establish and
			 maintain effective working relationships with the courts, law enforcement
			 agencies, schools and community organizations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-353b - Records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Personnel
			 records. Individual records shall be kept for each staff member which shall
			 include the staff member's:
(1) Job
			 application, including all:
(A) identifying
			 information;
(B) qualifications
			 including documentation and verification; and
(C) character and employment references.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-354 - Admission and release policies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Written
			 admission policies and procedures of the center shall be approved by the
			 governing body in accordance with goals and purposes of the center and Kansas
			 statutes.
(b) Admission procedures
			 and practice shall include but not be limited to:
(1) Collecting identifying information;
(2) verifying the legal authority
			 to detain;
(3) completing a health
			 history checklist. This checklist shall be completed by the admitting staff
			 person, using a form approved by the Kansas department of health and
			 environment. A description of bruises, abrasions, symptoms of illness and
			 current medications shall be documented on this form;
(4) assessing the juvenile's suicide risk
			 potential;
(5) documenting the
			 notification of the juvenile's parents or legal guardian and legal custodian,
			 if not the parent or legal guardian, in accordance with Kansas juvenile code.
(6) assisting the juvenile in
			 contacting the juvenile's family at the time of admission.
(7) conducting an intake interview.
			 Designated staff members shall conduct each intake interview;
(8) providing an orientation to the center in
			 a manner which is understandable to the juvenile. Completion of the orientation
			 and receipt of all written orientation materials shall be documented by a
			 signed statement from the juvenile;
(9) notifying the appropriate intake officer;
(10) searching the juvenile and
			 the juvenile's possessions;
(11)
			 documenting the juvenile's clothing and personal possessions and disposition. A
			 written inventory of all money and personal property of the juvenile shall be
			 signed by the juvenile and the admitting staff member and kept with the
			 juvenile's record. If the juvenile refuses to sign the inventory, the refusal
			 shall be documented in the juvenile's record;
(12) distributing personal hygiene items;
(13) providing for a shower and
			 hair care;
(14) issuing clean,
			 laundered clothing, if necessary; and
(15) assigning the juvenile to a sleeping
			 room.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-355 - Program and services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A written plan
			 and daily routine shall be maintained for all juveniles which shall include:
			 meals, rest and sleep, personal hygiene, physical exercise, recreation,
			 counseling, education and social services.
(b) Classroom instruction shall be provided
			 on-site by teachers holding appropriate certification from the Kansas board of
			 education.
(1) Education services shall be
			 coordinated with the local school district. During the local school year, each
			 juvenile shall receive a minimum of six hours of instruction per day, excluding
			 weekends and holidays.
(2) For
			 each juvenile currently enrolled in a Kansas public school, contact shall be
			 maintained with the juvenile's home school district to ensure the continuity of
			 each juvenile's education.
(3) A
			 regular schedule of instruction and related educational services appropriate to
			 the needs of each juvenile shall be provided.
(4) Youth care staff shall be stationed in
			 proximity to the classroom, with frequent, direct, physical observation of the
			 classroom activity at least every 15 minutes, to provide immediate support to
			 the teacher.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-355a - Rights of juveniles

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The rights of
			 juveniles while in detention or secure care shall not be diminished or denied
			 for disciplinary reasons.
(b)
			 Written policies and procedures shall provide that juveniles are assured their
			 rights subject only to the limitations necessary to maintain order and security
			 in the center. Procedures and practice shall ensure the following:
(1) Freedom from personal abuse, corporal or
			 unusual punishment, excessive use of force, humiliation, harassment, mental
			 abuse or punitive interference with the daily functions of living, such as
			 eating or sleeping;
(2) freedom
			 from discrimination based on race, culture, religion, national origin, sex or
			 disability;
(3) equal access to
			 programs and services for both male and female juveniles in co-ed facilities;
(4) receipt and explanation of
			 written rules and grievance procedures of the center, in a language which the
			 juvenile can understand;
(5)
			 opportunity for a variety of physical exercise, including outdoor exercise when
			 weather permits;
(6) participation
			 in religious worship and religious counseling on a voluntary basis, subject
			 only to the limitations necessary to maintain facility order and security;
(7) reasonable religious diets;
(8) the right to wear personal
			 clothing consistent with center guidelines. If the center provides clothing, it
			 shall be of proper size and contemporary style;
(9) access to the courts and confidential
			 contact with attorneys, judges, parents, social workers and other
			 professionals, including telephone conversations, visits and correspondence;
(10) medical treatment and
			 emergency dental care, a medically proper diet and the right to know what and
			 why medications have been prescribed;
(11) the right to send and receive uncensored
			 mail in accordance with K.A.R. 28-4-355 (f)(4);
(12) the right to receive visitors and
			 communication in accordance with the center's visitation policies;
(13) the right to determine the length and
			 style of hair, except when a physician determines that a haircut is medically
			 necessary; and
(14) the right to
			 keep facial hair, if desired, except when a licensed physician determines that
			 removal is medically necessary for health and safety.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-355b - Behavior management

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Rules.
(1) Written policies shall provide for a
			 behavior management system that assists juveniles to develop inner control so
			 that they can manage their own behavior in a socially acceptable manner.
			 Procedures and practice shall provide:
(A)
			 Expectations which are age appropriate and which allow for special abilities
			 and limitations; and
(B) positive
			 and negative consequences related to each expectation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-356 - Health care policies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Health services
			 for juveniles.
(1) Each center, in
			 consultation with a physician or community health nurse, shall develop written
			 health care policies which cover:
(A) Health
			 history checklist and review for each juvenile upon admission, as documented on
			 forms approved by Kansas department of health and environment;
(B) follow-up health care, including health
			 examination and referrals, for concerns identified in the health history
			 checklist and review.
(C) dental
			 screening upon admission and follow-up emergency dental care as needed;
(D) preventive dental care for
			 juveniles in secure care;
(E)
			 chronic care, convalescent care and preventive care when medically indicated;
(F) care for minor illness,
			 including the use and administration of prescription and nonprescription drugs;
(G) care for juveniles under the
			 influence of alcohol or other drugs;
(H) consultation regarding individual
			 juveniles when indicated;
(I)
			 infection control measures and universal precautions to prevent the spread of
			 bloodborne infectious diseases recommended in "Update: Universal Precautions
			 for Prevention of Human Immunodeficiency Virus, Hepatitis B Virus, and Other
			 Bloodborne Pathogens in Health-Care Settings" as published in the Morbidity and
			 Mortality Weekly Report, June 24, 1988, Vol. 37 No. 24 which are hereby adopted
			 by reference;
(J) maternity care
			 as defined in K.A.R. 28-4-279; and
(K) medically indicated isolation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-357 - Emergency, safety, security and control

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each center
			 shall develop a disaster plan to provide for the safety of juveniles in
			 emergencies. The plan shall be reviewed at least annually and updated as
			 needed. The plan and subsequent updates, if any, shall be approved by the state
			 fire marshal or the marshal's designee.
(1)
			 The plan shall include provisions for the care of juveniles in disasters such
			 as fires, tornadoes, storms, floods, and civil disorders, as well as
			 occurrences of serious illness or injury to staff members and juveniles.
(2) The personnel in the center
			 shall be informed of the disaster plans and the plans shall be posted in a
			 prominent location and practiced.
(3) Each center shall have first aid
			 supplies: assorted adhesive strip bandages, adhesive tape, roll of gauze,
			 scissors, package of gauze squares, pump soap, elastic bandage, tweezers and
			 rubbing alcohol.
(4) Each center
			 which uses locked isolation shall have an effective policy and procedure to
			 evacuate an isolated juvenile in the event of a fire or other emergency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-358 - Policies relating to animals at the center

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If animals or
			 pets are kept at the center, written policies shall be developed for their
			 care. These policies shall be approved by the Kansas department of health and
			 environment.
(b) Animals shall
			 have current immunizations as recommended by a veterinarian. A record of
			 immunizations shall be kept on file at the center.
(c) Animals that represent a hazard to
			 juveniles shall be excluded from the center. Hazardous animals shall include,
			 but not be limited to snapping turtles, pit bulldogs, and poisonous snakes and
			 insects.
(d) The pet area of each
			 center shall be maintained in a clean and sanitary manner. No animal or bird
			 shall be in the kitchen while food is being prepared.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-359 - Environmental standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 building requirements.
(1) Each building
			 shall meet the legal requirements of the community as to building code, zoning,
			 fire protection, water supply and sewage disposal. Each center shall use public
			 water and sewage systems, or shall have private water and sewage systems having
			 approval and permits as required by
			 K.S.A.
			 65-163 and
			 K.S.A.
			 65-165 and amendments thereto. Where local
			 fire regulations do not exist, construction shall be in compliance with the
			 Kansas fire prevention code. When local and state regulations differ, the more
			 stringent requirement shall prevail.
(2) A licensed architect shall be responsible
			 for the plans for any newly constructed building or for any major addition or
			 alteration to an existing building.
(A) In
			 the case of a new building, preliminary plans and outline specifications,
			 including plot plans, shall be submitted to the Kansas department of health and
			 environment for review prior to commencing the final working drawings and
			 specifications. The final working drawings, construction specifications and
			 plot plans shall be submitted to the department for review and written approval
			 prior to the letting of contracts.
(B) In the case of an addition or alteration
			 to an existing building, a written statement defining the proposed use of the
			 construction and the plans and specifications shall be submitted to the Kansas
			 department of health and environment for review and written approval prior to
			 commencing construction.
(3) If construction is not commenced within
			 one year of the submittal of proposal for a new building or the addition or
			 alteration to an existing building, the plans and proposal shall be resubmitted
			 to the Kansas department of health and environment before proposed construction
			 begins.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-360 - Compliance with regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Center licenses
			 shall be prominently displayed.
(b) A copy of these regulations shall be kept
			 on the premises at all times. A copy of the regulations for licensing of
			 detention centers and secure care centers for children and youth shall be
			 available to all staff members.
(c) Centers licensed January 1, 1993 or later
			 shall be required to meet structural requirements as stated in K.A.R.
			 28-4-359(d). Centers licensed before January 1, 1993 which are in compliance
			 with the regulations for licensing detention centers and secure care centers
			 for children and youth that became effective May 1, 1979 and were amended
			 November 19, 1986, May 1, 1987 and February 26, 1990 shall continue to comply
			 with those rules and regulations applicable to physical plant requirements
			 regardless of the minimums established under current regulations. Each existing
			 center which makes any structural addition or alteration, shall come into
			 compliance with current structural requirements.
(d) Each applicant or licensee may submit a
			 written request for an exception to a regulation to the Kansas department of
			 health and environment. An exception may be granted if the secretary determines
			 that the exception would not diminish the current level of juvenile care and if
			 statutory requirements are not violated. The nature of the exception, the
			 conditions and the duration of the exception shall be in writing. Written
			 notification shall be given to the licensee.
(e) Each center shall develop and implement a
			 quality assurance program to ensure consistent compliance with these
			 regulations. The quality assurance program shall provide for:
(1) Review of policies, procedures and
			 practice; and
(2) reconciliation
			 with licensure requirements.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-400 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Cash assets"
			 means money, savings accounts, saving certificates, checking accounts, and
			 stocks and bonds.
(b) "Diagnostic
			 service" means an evaluation to identify a handicapping disease or disease
			 process.
(c) "Emergency" means an
			 unanticipated, urgent event requiring immediate medical treatment.
(d) Family.
(1) "Family," for an eligible person who
			 resides with the person's parents, stepparents or legal guardian or who is
			 considered to be a dependent of that person's parents, stepparents or legal
			 guardian for income tax purposes, means the eligible person, person's parents,
			 stepparents or legal guardian and all other persons who reside in the same home
			 as that of the person. Family shall not include persons who lease or rent a
			 portion of the residence.
(2)
			 "Family," for an eligible person who has established a separate residence and
			 is no longer considered a dependent of the person's parents, stepparents or
			 legal guardian for income tax purposes, means the eligible person, the person's
			 spouse and children, and all other relatives and persons who reside in the same
			 home as that person. Family shall not include persons who lease or rent a
			 portion of the residence.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-401 - Responsibilities of individuals who apply for or who receive services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 shall fulfill the following requirements:
(1)
			 Supply financial, insurance, and family information essential to the
			 establishment of eligibility within 30 days of the request for service, on
			 forms prescribed by the secretary;
(2) submit written permission, on forms
			 prescribed by the secretary, for release of information needed to determine
			 medical and financial eligibility; and
(3) report to the secretary changes in any of
			 the following circumstances:
(A) the eligible
			 person's address;
(B) the number
			 of persons living in the home;
(C)
			 marital status of eligible person, parents, or legal guardians;
(D) custody of the eligible person;
(E) medical insurance coverage for
			 the eligible person;
(F) medicaid
			 eligibility or supplemental security income eligibility for the eligible
			 person;
(G) family income or cash
			 assets of more than $500.00 per year; or
(H) other circumstances that affect the
			 special health care needs of the eligible person.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-403 - Financial eligibility

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) The uniform standard for determining
			 eligibility shall be the annual margin as calculated in paragraph (a)(2). If
			 the annual margin is zero or below, the person shall be eligible for financial
			 assistance for medical treatment. If the annual margin is above zero, the
			 person shall not be eligible for financial assistance, except as provided in
			 subsections (d) and (e). The factors to be used in calculating the annual
			 margin shall be the following items:
(A)
			 family income;
(B) cash assets;
(C) family living allowance;
(D) anticipated specialized health
			 care expenditures for the eligible person and other family members; and
(E) the health benefits available
			 under insurance coverage for the eligible person.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-404 - Services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Diagnostic
			 services shall be made available to each eligible person who is a resident of
			 this state and who is believed to have a severe handicap, disability, or
			 chronic disease.
(b) Diagnostic
			 services shall be authorized before the services are rendered and shall be
			 provided in facilities and by providers approved by the secretary.
(c) Medical treatment services shall be
			 provided to individuals meeting the medical and financial eligibility criteria
			 found in K.A.R. 28-4-403 and K.A.R. 28-4-406, respectively.
(d) Medical treatment services related to the
			 eligible medical diagnosis shall be provided as recommended by an approved
			 provider. The medical treatment services shall be within the parameters of
			 standard medical practice, shall not include experimental or investigational
			 treatments, organ transplants or acupuncture, and shall be approved by the
			 secretary.
(e) Medical treatment
			 services shall be authorized before the services are rendered and shall be
			 provided in facilities and by providers approved by the secretary.