Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-130 - Transportation

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Facility-owned
			 or leased vehicles.
(1) When a vehicle used
			 for transportation of children is owned or leased by the facility, the driver
			 shall be 18 years of age or older, and shall hold an operator's license of a
			 type appropriate for the vehicle being used. Trailers pulled by another
			 vehicle, camper shells or truck beds shall not be used for transportation of
			 children.
(2)
(A) Each transporting vehicle shall be
			 maintained in safe operating condition.
(B) The transporting vehicle shall have a
			 yearly mechanical safety check of tires, lights, windshield, wipers, horn,
			 signal lights, steering, suspension, glass, brakes, tail lights, exhaust
			 system, and outside mirror. A record of the date of the annual safety check and
			 corrections made shall be kept on file at the facility.
(3) The vehicle shall be covered by accident
			 and liability insurance in amount of not less than $100,000 for personal injury
			 or death in any one accident, $300,000 for injury or death to two or more
			 persons in any one accident; and $50,000 for loss to property of others.
(4)
(A) Emergency release forms and health
			 assessment records shall be in the vehicle when children are transported.
			 Residential facilities shall be exempt from K.A.R. 28-4-130(a)(4)(A) unless
			 children are being transported more than 60 miles from the facility, or if
			 children are in emergency care.
(B) A first-aid kit shall be in the
			 transporting vehicle and shall include band-aids of all sizes; adhesive tape; a
			 roll of gauze; scissors; one package of 4*4 inch gauze squares; a cleansing
			 agent; and one elastic bandage.
(5) Each vehicle shall be equipped with an
			 individual restraint for each child as follows:
(A) An infant unable to sit up without
			 support shall be provided with an infant car carrier which faces the rear.
(B) A child able to sit up without
			 support shall be provided with one of the following restraints:
(i) A shield-type device;
(ii) a car seat facing the front that is
			 designed to hold a child weighing up to 40 pounds; or
(iii) a safety harness.
(C) A child four years of age or older, or
			 weighing 40 pounds or more, shall have a lap belt. Shoulder straps shall be
			 used if they do not cross the child's neck or face.
(D) Not more than one child shall be
			 restrained in each lap belt.
(E)
			 Buses of the type used by schools shall not be required to be equipped with
			 individual restraints if the buses are used to transport only school-age
			 children.
(6) The
			 safety of the children riding in the vehicle shall be protected as follows:
(A) All doors except the front door on the
			 driver's side shall be locked while the vehicle is in motion.
(B) Discipline shall be maintained at all
			 times.
(C) All parts of the
			 child's body shall remain inside the vehicle at all times.
(D) Children shall neither enter nor exit the
			 vehicle into a lane of traffic.
(E) Children under 10 years of age shall not
			 be left in a vehicle unattended by an adult. When the vehicle is vacated, the
			 driver shall make certain no child is left in the vehicle.
(F) Smoking in the vehicle shall be
			 prohibited while children are being transported.
(G)
(i) Day
			 care facilities defined by
			 K.S.A.
			 65-517, K.A.R. 28-4-113 and K.A.R. 28-4-420
			 shall maintain applicable staff/child ratios.
(ii) Residential facilities as defined by
			 K.A.R. 28-4-268 and K.A.R. 28-4-311 shall maintain applicable staff/child
			 ratios when children under six are being transported.
(H) The driver shall transport the child to
			 the intended location, person, agency or institution as designated by the
			 child's parent or legal guardian, or by the agency person in charge.