Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-350 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following words and terms shall have the following
				meanings, unless the context clearly indicates otherwise.
(a) "Center" means a detention center or a
			 secure care center. It may be owned and operated by public or private entities
			 and includes the staff and services as well as the buildings and grounds.
(b) "Corporal punishment" means
			 any method of physical discipline which inflicts pain.
(c) "Detention" means the temporary care of
			 alleged or adjudicated children in need of care or alleged or adjudicated
			 juvenile offenders who require secure custody pursuant to the Kansas code for
			 the care of children, K.S.A. 38-1501 et seq. and amendments thereto, or the
			 Kansas juvenile offender code, K.S.A. 38-1601 et seq. and amendments thereto.
(d) "Detention center" means a
			 juvenile detention facility as defined in K.S.A. 38-1502(i) and K.S.A
			 38-1602(f) and which requires a license pursuant to
			 K.S.A.
			 65-501 et seq. Detention centers shall meet
			 the requirements for licensure included in K.A.R. 28-4-351 through 360, unless
			 specifically exempted.
(e)
			 "Director" means the person responsible for the overall planning, organization,
			 operation and fiscal management of the center. This person is directly
			 responsible to the governing body.
(f) "Direct supervision" means physical
			 presence of youth care staff in close proximity to allow for interaction and
			 direct eye contact with juveniles.
(g) "Discipline" means the on-going process
			 of helping children develop inner control so that they can manage their own
			 behavior in a socially-approved manner.
(h) "Facility manager" means the person
			 responsible for overseeing the daily operation of the center, including staff
			 scheduling, food service, purchasing, housekeeping and maintenance.
(i) "Governing body" means the governing
			 board of a private corporation or the designated policy-making committee of a
			 public agency.
(j) "Intervention"
			 means the use of certain skills or techniques for problem or conflict
			 resolution or diffusion of anger.
(k) "Isolation" means removal of a juvenile
			 from other juveniles to a separate locked room or quarters.
(l) "Juvenile" means a child or youth who is
			 accepted for care in a detention or secure care center.
(m) "License" means a document issued by the
			 Kansas department of health and environment which authorizes a public agency,
			 person, corporation, firm, association or other organization to operate and
			 maintain a detention center or a secure care center.
(n) "Non-secure facility" means a facility
			 not characterized by the use of physically restricting construction, hardware
			 and procedures and which provides the juveniles access to the surrounding
			 community with minimal supervision.
(o) "Placing agent" means the person, social
			 agency or court possessing the legal right to place a child.
(p) "Program" means the comprehensive and
			 coordinated set of activities and social services providing for care,
			 protection and development of juveniles while in the care of the center.
(q) "Program manager" means the
			 person who is responsible for the overall development and implementation of the
			 program and staff development.
(r)
			 "Program personnel" means all persons directly involved with the development
			 and implementation of the program.
(s) "Residential care" means 24 hour care.
(t) "Secure care center" means a
			 secure youth residential facility, other than a juvenile detention center, used
			 to provide care and treatment for alleged or adjudicated children in need of
			 care pursuant to the Kansas code for the care of children. Secure care centers
			 shall meet the requirements for licensure included in K.A.R. 28-4-351 through
			 360, unless specifically exempted.
(u) "Secure facility" means a facility which
			 is operated or structured to ensure that all entrances and exits from such
			 facility are under the exclusive control of the staff, whether or not the
			 juveniles have freedom of movement within the perimeters of the facility, or
			 which relies on locked rooms and buildings, fences or physical restraint in
			 order to control the behavior of the residents. No secure facility, other than
			 a juvenile detention center, shall be attached to or on the grounds of an adult
			 jail or lockup.
(v) "Staffing"
			 means a special client-centered meeting regarding specific issues.
(w) "Temporary care" means residential care
			 not to exceed 90 days.
(x)
			 "Volunteer" means a person or community group that has an interest in providing
			 supportive services to juveniles and offers to provide specific services
			 without remuneration.
(y) "Youth
			 care staff" means the program personnel whose primary responsibility is to
			 implement the program on a daily basis, including direct supervision,
			 interaction and protection of the juveniles.