reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-116a - Napping and sleeping

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Rest
			 period. Each child shall have a daily, supervised rest period as needed. Each
			 child who does not nap or sleep shall be given the opportunity for quiet
			 play.
(b) Safe sleep practices for
			 children in care.
(1) Each applicant with a
			 temporary permit and each licensee shall develop and implement safe sleep
			 practices for children in care who are napping or sleeping.
(2) Each applicant with a temporary permit
			 and each licensee shall ensure that the safe sleep practices are discussed with
			 the parent or legal guardian of each child before the first day of
			 care.
(3) Each provider shall
			 follow the safe sleep practices of the facility.
(4) Each child who is 12 months of age or
			 older shall nap or sleep on a bed, a cot, the lower bunk of a bunk bed, or a
			 pad over a carpet or area rug on the floor.
(5) Each applicant with a temporary permit
			 and each licensee shall ensure that all of the following requirements are met
			 for each child in care who is under 12 months of age.
(A) The child shall nap or sleep in a crib or
			 a playpen. Stacking cribs or bassinets shall not be used. Cribs with water-bed
			 mattresses shall not be used.
(B)
			 If the child falls asleep on a surface other than a crib or playpen, the child
			 shall be moved to a crib or playpen.
(C) The child shall not nap or sleep in the
			 same crib or playpen as that occupied by another child at the same
			 time.
(D) The child shall be placed
			 on the child's back to nap or sleep.
(E) When the child is able to turn over
			 independently, the child shall be placed on the child's back but then shall be
			 allowed to remain in a position preferred by the child. Wedges or infant
			 positioners shall not be used.
(F)
			 The child shall sleep in a crib or a playpen that is free of any soft items,
			 which may include pillows, quilts, heavy blankets, bumpers, and toys.
(G) If a lightweight blanket is used, the
			 blanket shall be tucked along the sides and foot of the mattress. The blanket
			 shall not be placed higher than the child's chest. The head of the child shall
			 remain uncovered. The child may nap or sleep in sleep clothing, including
			 sleepers and sleep sacks, in place of a lightweight blanket.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-117 - Health care requirements for children under 16 years of age

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) A completed medical record on the form
			 provided by the department shall be on file for each child under 11 years of
			 age enrolled for care and for each child under 16 years of age living in the
			 child care facility.
(2) Each
			 medical record shall include the results of a health assessment conducted by a
			 nurse trained to perform health assessments or a licensed physician, within six
			 months before the child's initial enrollment in a child care facility.
(3) Each medical record shall
			 include a medical history obtained from the parent.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-118 - Medication administration and reporting suspected child abuse or neglect

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Medication
			 administration.
(1) Each applicant with a
			 temporary permit and each licensee shall designate at least one provider to
			 administer medications to children.
(2) If nonprescription medication is to be
			 administered to a child, each designated provider shall meet the following
			 requirements:
(A) Obtain written permission
			 from each child's parent or legal guardian before administering medication to
			 that child;
(B) require that each
			 medication supplied by a parent or legal guardian for the child be in the
			 original container;
(C) ensure that
			 the container is labeled with the first and last name of the child for whom the
			 medication is intended; and
(D)
			 administer each medication according to the instructions on the
			 label.
(3) If
			 prescription medication is administered to a child, each designated provider
			 shall meet the following requirements:
(A)
			 Obtain written permission from each child's parent or legal guardian before
			 administering medication to that child;
(B) keep each medication in the original
			 container labeled by a pharmacist, with the following information:
(i) The child's first and last
			 name;
(ii) the name of the licensed
			 physician, physician assistant (PA), or advanced practice registered nurse
			 (APRN) who ordered the medication;
(iii) the date the prescription was
			 filled;
(iv) the expiration date of
			 the medication; and
(v) specific,
			 legible instructions for administration and storage of the
			 medication;
(C) consider
			 the instructions on each label to be the order from the licensed physician, PA,
			 or APRN;
(D) administer the
			 medication only to the child designated on the prescription label;
			 and
(E) administer the medication
			 in accordance with the instructions on the label.
(4) Documentation of each medication
			 administered shall be kept on a form provided by the department and maintained
			 in each child's file.
(5) A copy of
			 the documentation of each medication administered shall be made available to
			 the parent or legal guardian of the child.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-119b - Compliance with regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) An exception to
			 a regulation may be allowed by the department if:
(1) The applicant requests an exception from
			 the department on a form supplied by the department; and
(2) The secretary determines the exception to
			 be in the best interests of the day care child or children and their families.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-122 - General regulations for family day care homes and child care facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
K.A.R.
				28-4-123 through
				28-4-132 shall apply to the
				following:
(a) Family day care home
			 as defined in
			 K.S.A.
			 65-517, and amendments thereto;
(b) day care home and group day care home as
			 defined in K.A.R. 28-4-113;
(c)
			 preschool and child care center as defined in K.A.R. 28-4-420; and
(d) residential center and group boarding
			 home as defined in K.A.R. 28-4-268.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-123 - Parental access to child care facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each parent or guardian of a child enrolled in a day care
				facility or preschool as defined in
				K.S.A.
				65-517,
				K.A.R.
				28-4-113 or
				K.A.R.
				28-4-420 shall have access to the premises
				during all hours of operation. Each residential facility as defined in
				K.A.R.
				28-4-311 and
				K.A.R.
				28-4-268 shall develop a plan for parental
				visitation in cooperation with the legal custodian if different from the
				parent.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-124 - Parental permission for children to go off-premises

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each day care facility as defined in
				K.A.R.
				28-4-113,
				K.A.R.
				28-4-420 and
				K.S.A.
				65-517, and any amendments to it shall obtain
				a signed parental permission for each location to which children go off of the
				premises on a form supplied by the department of health and environment. The
				destination, the time children leave the child care facility, the adults
				responsible for the children while off premises, and the estimated time of
				return shall be posted in a place accessible to parents.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-125 - Background checks

Current through Register Vol. 43, No. 28, July
			 11, 2024
Each applicant, applicant with a temporary permit, and licensee
				shall meet the following requirements:
(a) Submit to the department the identifying
			 information necessary to complete background checks for each individual who
			 works or regularly volunteers in the facility, each individual at least 10
			 years of age who resides in the facility, and any other individual in the
			 facility whose activities involve either supervised or unsupervised access to
			 children. The identifying information shall be submitted as follows:
(1) When submitting an application for a
			 license;
(2) when submitting an
			 application to renew a license; and
(3) before allowing any individual to work,
			 regularly volunteer, or reside in the facility and before allowing any
			 individual whose activities involve either supervised or unsupervised access to
			 children to be in the facility;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-126 - Health of persons 16 years or older in child care facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) Each person caring for children shall be
			 free from physical, mental or emotional handicaps as necessary to protect the
			 health, safety and welfare of the children, and shall be qualified by
			 temperament, emotional maturity, sound judgment, and an understanding of
			 children.
(2) Persons in contact
			 with children shall not be in a state of impaired ability due to the use of
			 alcohol or drugs.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-127 - Emergencies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A working
			 telephone shall be on the premises. Emergency telephone numbers shall be posted
			 next to the telephone for the police, fire department, ambulance, hospital or
			 hospitals, and poison control center.
(b) Emergency medical treatment.
(1) Each facility shall have on file at the
			 facility for each child:
(A) written
			 permission of the parent, guardian, or legal custodian for emergency medical
			 treatment on a form that meets the requirements of the hospital or clinic where
			 emergency medical care will be given; and
(B) the name, address and telephone number of
			 a physician to be called in case of emergency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-128 - Safety procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each facility
			 shall develop an emergency plan to provide for the safety of children and staff
			 in emergencies such as fire, tornadoes, storms, floods, and serious injury.
(b) Each emergency plan shall be
			 posted in a conspicuous place in the facility. Staff in day care facilities
			 shall review the plan with parents of children enrolled.
(c) Each person responsible for the children,
			 including each substitute, shall be informed of and shall follow the emergency
			 plans.
(d) A fire drill shall be
			 conducted monthly and scheduled to allow participation by each child. Each date
			 and time shall be recorded.
(e) A
			 tornado drill shall be conducted monthly, April through September, and
			 scheduled to allow participation by each child. Each date and time shall be
			 recorded.
(f) Each person
			 regularly caring for children shall have first-aid training. Documentation of
			 the training shall be on file at the facility.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-129 - Swimming and wading activities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Swimming and
			 wading pools on the premises.
(1) If swimming
			 pools with water over 24 inches deep, wading pools, or hot tubs are on the
			 premises, they shall be constructed, maintained, and used in such a manner as
			 to safeguard the lives and health of the children.
(2) The number and ages of children using
			 either swimming or wading pools shall be limited to allow appropriate
			 supervision by adult staff members.
(3) Required staff/child ratios shall be
			 maintained at all times that children are involved in swimming or wading
			 activities.
(4) Legible safety
			 rules for the use of swimming pools shall be posted in a conspicuous location,
			 and shall be read and reviewed weekly by each staff member responsible for the
			 supervision of children.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-131 - Animals, birds, or fish

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) When animals,
			 birds, or fish are kept on the premises, the pet area shall be maintained in a
			 sanitary manner. No animal or bird shall be in the kitchen while food is being
			 prepared. Parents shall be informed whenever children have access to pets in
			 the child care facility.
(b) Dogs
			 and cats shall have current immunizations as recommended by a veterinarian. A
			 record of immunizations shall be kept on file in the facility.
(c) When animals that represent a hazard to
			 children are on the premises, children shall be protected from them. Pit
			 bulldogs shall be prohibited. If animals are displayed as part of an animal
			 exhibit, they shall be supervised by appropriate animal care personnel.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-132 - Child care practices

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Supervision.
			 Each child in day care shall be under the supervision of a person 16 years of
			 age or older who is responsible for the child's health, safety and well-being.
(b) Discipline.
(1) There shall be a written discipline
			 policy indicating methods of guidance appropriate to the age of the children
			 enrolled. Parents shall be informed of the policy.
(2) Prohibited punishment. Punishment which
			 is humiliating, frightening or physically harmful to the child shall be
			 prohibited. Prohibited methods of punishment include:
(A) corporal punishment such as spanking with
			 the hand or any implement, slapping, swatting, pulling hair, yanking the arm,
			 or any similar activity;
(B)
			 verbal abuse, threats, or derogatory remarks about the child or the child's
			 family;
(C) binding or tying to
			 restrict movement, or enclosing in a confined space such as a closet, locked
			 room, box, or similar cubicle;
(D)
			 withholding or forcing foods; and
(E) placing substances which sting or burn on
			 the child's mouth or tongue or other parts of the body.
(3) If isolation is used in residential
			 facilities as defined in K.A.R. 28-4-268, the isolation policies shall be
			 approved by the department of social and rehabilitation services before
			 implementation.
(4) Each staff
			 member and care provider's discipline practices shall comply with K.A.R.
			 28-4-132.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-133 - Reporting critical incidents

Current through Register Vol. 43,
			 No. 28, July 11, 2024
This regulation shall apply to all day care homes, group day
				care homes, preschools, and child care centers.
(a) Reports to parents and legal guardians.
			 In addition to meeting the reporting requirements in K.A.R. 28-4-127, each
			 primary care provider and each program director shall ensure that each of the
			 following critical incidents is immediately reported to the parent or legal
			 guardian of any child affected by the critical incident:
(1) Fire damage or other damage to the
			 facility, or any damage to the property that affects the structure of the
			 facility or the safety of the children in care;
(2) a vehicle collision involving any child
			 in care;
(3) a missing
			 child;
(4) an injury to a child
			 that requires treatment by a health care professional;
(5) the death of any of the following:
(A) a child;
(B) a provider in a day care home or group
			 day care home;
(C) an employee in
			 a preschool or child care center; or
(D) a volunteer in a day care home, group day
			 care home, preschool, or child care center; and
(6) any other occurrence that jeopardizes the
			 safety of any child in care.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-179 - Case records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The agency
			 shall maintain case records in a manner that is uniform, detailed, well
			 written, and organized. Records shall be current and be made available for
			 inspection by the division. The agency shall show in their case records the
			 following:
(1) Continuity of service plan;
(2) Documentation of the work of
			 the agency; and
(3) Summaries and
			 assessments of changes affecting the client and changes in the service delivery
			 process.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-185 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Day care
			 referral agency" means an association, organization, individual, or corporation
			 receiving, caring for, and finding homes for children needing day care who are
			 under 16 years of age.
(b)
			 "Division" means the division of health of the department of health and
			 environment.
(c) "License" means a
			 document issued by the secretary granting authority to an association,
			 organization, individual, or corporation to operate and maintain a day care
			 referral agency.
(d) "Secretary"
			 means the secretary of the health and environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-186 - Licensing procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any
			 association, organization, individual, or corporation desiring to conduct a day
			 care referral service shall apply for a day care referral agency license on
			 forms provided by the Kansas department of health and environment.
(b) A full license shall be issued if the
			 secretary finds that the applicant is in compliance with the requirements of
			 K.S.A.
			 65-501 et seq. and amendments thereof and the
			 rules and regulations promulgated pursuant thereto and has made full payment of
			 the license fee required by the provisions of
			 K.S.A.
			 65-505 and amendments thereof. The license
			 and any written exceptions granted by the secretary under K.A.R. 28-4-171(c)
			 shall be posted as required by
			 K.S.A.
			 65-504.
(c) Exceptions.
(1) An exception to a regulation may be
			 allowed by the Kansas department of health and environment if:
(A) The applicant requests an exception from
			 the Kansas department of health and environment; and
(B) The secretary determines the exception to
			 be in the best interests of families and children served by the agency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-187 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Organization.
			 Each day care referral agency shall have a clearly designated individual or
			 governing body which shall exercise authority over and have responsibility for
			 the operation, policies, and practices of the day care referral agency.
(b) Insurance. Each day care
			 referral agency shall carry liability insurance and accident insurance of not
			 less than $100,000 per occurrence.
(c) Services.
(1) Each day care referral agency shall have
			 a written description of the day care referral services to be offered to
			 children and their families. The statement of services shall be available in
			 individual copies for distribution to clients and to the public.
(2) Any advertisements shall conform to the
			 written statement of services.
(3)
			 Each day care referral agency shall notify the division of any changes in the
			 designated authority or services offered:
(4) Referrals shall be made only to child
			 care facilities which have a temporary permit, a license, or a certificate of
			 registration issued by the secretary of the department of health and
			 environment.
(5) The following
			 referral records shall be maintained for a period of one year and shall be
			 available for review by licensing staff:
(A)
			 Date of inquiry;
(B) name of
			 person requesting referral; and
(C) disposition of request.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-188 - Health policies for staff

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Before
			 employment, all staff who have contact with the children shall submit, on a
			 form supplied by the division, a certificate of health signed by a licensed
			 physician or nurse approved to perform health assessments. The certificate
			 shall include certification that the person is free from tuberculosis as
			 established by a chest x-ray or negative tuberculin skin test administered
			 within 2 years of the date of employment.
(b) Substitutes and volunteers, before
			 participating in any program operated by the day care referral agency, shall
			 present a written statement of freedom from active tuberculosis signed by a
			 licensed physician or nurse approved to perform health assessments.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-189 - Transportation

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any day care referral agency that provides transportation as a
				part of the day care referral service shall meet the following requirements:
(a) When children are transported,
			 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.
(b) Each transporting vehicle shall be in
			 safe operating condition. The transporting vehicle shall have a yearly
			 mechanical safety check of tires, lights, windshield wipers, horn, signal
			 lights, steering, suspension, glass, brakes, and tail-lights. A record of the
			 date of the annual safety checks and corrections made shall be kept on file at
			 the facility or in the vehicle.
(c) Children shall not be transported in
			 campers, vehicle-drawn recreation vehicles or in the back of a truck.
(d) Each vehicle shall be covered
			 by accident and liability insurance as required by
			 K.S.A.
			 40-3104 and
			 40-3118 and any amendments
			 thereof.
(e) Emergency release
			 forms and health assessment records, as specified in K.A.R. 28-4-118(a) and
			 28-4-119(c), shall be carried in the vehicle when children are transported. A
			 first aid kit shall be available.
(f) The safety of the children riding in the
			 vehicle shall be protected as follows:
(1)
			 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)
			 School-type buses transporting school-age children shall not be required to be
			 equipped with individual restraints.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-267 - Revocation of present regulations

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following present regulations as published in the Kansas
				administrative regulations are being replaced, so are hereby revoked:
General regulations 28-4-1 through 28-4-7.
Regulations for group boarding homes for children 28-4-135
				through 28-4-148.
Regulations for maternity homes and clinics 28-4-56 through
				28-4-71.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-268 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Basement"
			 means each area with a floor level more than 30 inches below ground level on
			 all four sides.
(b) "Child" means
			 each individual under 16 years of age.
(c) "Corporal punishment" means each activity
			 directed toward modifying a child's behavior by means of adverse physical
			 contact such as spanking with the hand or an implement, slapping, swatting,
			 pulling hair, or any similar activity.
(d) "Developmental disability" means any
			 physical, emotional, or mental disability which constitutes a substantial
			 handicap to the individual as defined in public law 91-517.
(e) "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.
(f) "Emergency care" means residential care
			 not to exceed 30 days.
(g)
			 "Emergency shelter" means residential care and protection not to exceed 30
			 days.
(h) "Facility" means a group
			 boarding home or residential center that provides residential care.
(i) "Group boarding home" means a non-secure
			 facility providing residential care for not less than five nor more than ten
			 persons unrelated to the caregivers, and includes emergency shelters and
			 maternity homes.
(j) "Isolation"
			 means removal of a resident from other residents to a separate locked room or
			 quarters.
(k) "License" means a
			 document issued by the Kansas department of health and environment which
			 authorizes a licensee to operate and maintain a group boarding home or
			 residential center.
(l) "Living
			 unit" means a group of residents living together as an established unit within
			 a residential center.
(m)
			 "Maternity care" means residential care which includes services to women during
			 pregnancy.
(n) "Maternity home"
			 means a facility whose primary function is to provide services to women during
			 pregnancy.
(o) "Non-secure
			 facility" means a facility which provides the resident access to the
			 surrounding community.
(p)
			 "Placing agent" means the person, social agency or court possessing the legal
			 right to place a child.
(q)
			 "Program" means the comprehensive and coordinated sets of activities and
			 services providing for the care, protection and development of the residents.
(r) "Resident" means any child,
			 youth or pregnant woman accepted for care in the residential facility.
(s) "Residential care" means
			 24-hour care.
(t) "Residential
			 center" means a non-secure facility which provides residential care for more
			 than 10 residents unrelated to the caregivers, and includes emergency shelters
			 and maternity homes.
(u)
			 "Temporary care" means residential care not to exceed 90 days.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-269 - Licensing procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A person shall
			 not conduct a group boarding home or residential center for children under 16
			 years of age unless a license is issued by the secretary.
(b) Each person desiring to conduct a group
			 boarding home or residential center shall submit the following:
(1) An application for a license, which shall
			 be submitted on forms supplied 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 28-4-270 - Terms of license

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The maximum
			 number and age range of residents who may be cared for in each facility shall
			 be specified on the license.
(b)
			 Each facility license issued shall be valid only for the firm, corporation or
			 association and the address appearing on the license.
(c) The license does not give permission for
			 placement of children.
(d)
			 Activities which would interfere with the care of the residents shall not be
			 carried out in the facility by child care personnel.
(e) Advertisements shall conform to the
			 statement of services as given on the application. Claims for specialized
			 services shall not be made unless the facility is staffed and equipped to offer
			 the services, or arrangements have been made for services as outlined in K.A.R.
			 28-4-271(e)(4). A general claim of "state approval" shall not be made unless
			 the facility has obtained a license issued by the Kansas department of health
			 and environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-271 - Administration

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Organization.
			 The facility shall have plans and policies of organization and administration
			 clearly defining legal responsibility, administrative authority and
			 responsibility for comprehensive services. Changes in policies shall be
			 submitted to the appropriate agency for licensing approval.
(b) Finances.
(1) The facility shall have sound and
			 sufficient finances to insure licensing compliance and effective services. 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.
(2) The
			 facility shall be covered by liability and casualty insurance.
(3) Residents' personal money shall be kept
			 separate from the facility's funds and individual accounts shall be kept.
(4) Residents shall not be
			 exploited in campaigns or publicity efforts to raise funds.
(5) Solicitation of funds by charitable
			 organizations shall be made in Kansas only after compliance with K.S.A.
			 17-1740.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-272 - Records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Resident's
			 records.
(1) A report of residents in care
			 shall be submitted quarterly to the Kansas department of social and
			 rehabilitation services on forms supplied by the Kansas department of health
			 and environment.
(2) An individual
			 record shall be kept on each resident. Each record shall include:
(A) Date of admission and discharge;
(B) a health assessment record, an
			 immunization record and a dental record on forms supplied by the Kansas
			 department of health and environment;
(C) consent for emergency medical treatment
			 signed by a parent or legal guardian or other person authorized by statute to
			 consent as custodian; and
(D) each
			 accident report.
(3)
			 Each facility providing treatment or social service programs shall have a
			 social service record for each resident. The record shall include a treatment
			 plan and progress report made every three months.
(4) There shall not be disclosure of
			 confidential records or information regarding the resident.
(5) Each facility providing emergency care
			 shall be exempt from K.A.R. 28-4-272(a)(2) and (3).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-273 - Admission policies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Written
			 admission policies shall be prepared by the applicant in accordance with goals
			 and purposes of the facility. The policies shall include a nondiscrimination
			 statement.
(b) Children under
			 three years of age shall be given care in a residential facility only as
			 follows:
(1) To provide emergency care for
			 not more than 30 days; or
(2) To
			 keep siblings together for a maximum of 90 days.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-274 - Services

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Services shall
			 be provided in accordance with the stated purpose and goals of the facility.
(b) Social services. Treatment and
			 social service facilities shall have a specific plan for the provision of
			 social services for each resident in care. These services shall be provided by
			 a private or public social agency or through a licensed social worker on the
			 facility staff.
(c) Discipline.
(1) Each resident shall be treated as a
			 member of the group during the period of care, sharing privileges and duties of
			 the household according to age and capacity, and receiving care and training
			 according to special abilities and limitations.
(2) There shall be a written discipline
			 policy outlining methods of guidance appropriate to the ages of the residents.
			 Residents shall not be permitted to discipline other residents.
(3) Prohibited punishment. Punishment or a
			 threat of punishment which is humiliating, frightening or physically harmful to
			 the resident shall be prohibited. Prohibited methods of punishment include:
(A) Corporal punishment;
(B) verbal abuse or derogatory remarks about
			 the child or the child's family;
(C) binding or tying to restrict movement, or
			 enclosing in a confined space such as a closet, locked room, box, or similar
			 cubicle;
(D) withholding or
			 forcing foods; or
(E) isolation.
(4) Facilities with
			 isolation policies approved by the department of social and rehabilitation
			 services shall be exempt from K.A.R. 28-4-274(c)(3)(E).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-275 - Health care

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General health
			 policies.
(1) Smoking shall be confined to
			 designated smoking areas in the facility.
(2) Alcohol or non-prescribed controlled
			 substances, as defined in
			 K.S.A.
			 65-4101 and any amendments to it, shall not
			 be consumed by any resident, by any staff person while on duty, or by any staff
			 person in the presence of residents.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-276 - Mental health policies

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The residential
			 program shall supplement and support the family-child relationship.
(b) The views of the parents, the resident,
			 and the placing agency, concerning factors important to them in the emotional
			 development of the resident, shall be considered by the staff in the services
			 provided.
(c) The cultural
			 heritage of the resident shall be recognized and respected.
(d) Mental health concepts, as an integral
			 aspect of total child development, shall be included in staff training and in
			 parent-child conferences.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-277 - Environmental standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 requirements.
(1) Community resources, such
			 as schools, churches, recreational and health services, police protection and
			 fire protection from an organized fire department, shall be available to the
			 facility.
(2) The building shall
			 meet the legal requirements of the community as to building codes, zoning, and
			 fire protection. Where local fire regulations do not exist, fire safety
			 approval shall be obtained from the state fire marshal.
(3) Plans for constructing a proposed
			 building or for any major addition or alteration shall be the responsibility of
			 a licensed architect.
(A) New buildings.
			 Preliminary plans and outline specifications including plot plans shall be
			 submitted to the Kansas department of health and environment for review prior
			 to commencing construction.
(B)
			 Additions or alterations. A written statement defining the proposed use of the
			 construction shall accompany the plans and specifications. The statement shall
			 be submitted to the Kansas department of health and environment for review
			 prior to beginning construction.
(4) If construction is not commenced within
			 the year, plans and proposals shall be resubmitted to the department before
			 proposed construction begins.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-278 - Food service

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Food
			 preparation and storage.
(1) The major food
			 preparation area shall be adequately equipped for the sanitary preparation and
			 storage of food and washing of dishes and utensils. Food shall be prepared and
			 served in a sanitary manner. Kitchens which serve 25 or more persons shall
			 provide separate handwashing facilities in the kitchen. Personnel shall wash
			 their hands before handling food.
(2) Dishes shall have hard-glazed surfaces
			 and shall be entirely free of cracks or chips.
(3) Dishes, kitchen utensils and feeding
			 equipment shall be maintained in a sanitary condition using one of the
			 following methods:
(A) A three-compartment
			 sink supplied with hot and cold running water to each compartment and a drain
			 board for washing, sanitizing, and airdrying;
(B) a domestic-type dishwasher for groups of
			 24 or fewer persons;
(C) a
			 commercial-type dishwasher with a 12-second rinse with 180° F. water, for
			 groups of 25 persons or more; or
(D) disposable plates, cups, and plastic
			 utensils of food-grade medium weight. Disposable table service shall be used
			 only one time and then destroyed.
(4) Tables shall be washed before and after
			 meals, and floors shall be swept after meals.
(5) Poisonous or toxic materials shall not be
			 stored with, under, or over food.
(6) All perishables and potentially hazardous
			 foods shall be continuously maintained at 45° F. or lower in the
			 refrigerator, or 10° F. or lower in the freezer, with 0° F.
			 recommended. Each cold storage facility shall be provided with a clearly
			 visible, accurate thermometer.
(8)
			 All foods stored in the refrigerator shall be covered.
(9) All foods not requiring refrigeration
			 shall be stored at least six inches above the floor in clean, dry,
			 well-ventilated storerooms or other approved areas with no overhead drain nor
			 sewer lines.
(10) Dry bulk food
			 which is not in an original, unopened container shall be stored in metal, glass
			 or food-grade plastic containers with tight-fitting covers and shall be
			 labeled.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-280 - Residential services to mothers and infants

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each maternity home or residential facility which provides
				residential services to mothers and infants after delivery shall meet the
				following requirements:
(a) Physical
			 plant.
(1) A maximum of five mothers and
			 infants shall be served.
(2) The
			 mother/infant unit shall be separate from units serving pregnant and
			 non-pregnant residents.
(3) A
			 nursery shall be provided.
(A) The nursery
			 shall have adequate space and equipment for the number and age of infants in
			 care.
(B) Age-appropriate toys and
			 play equipment shall be available.
(4) Rooming-in may be allowed if it is
			 determined to be in the best interest of the newborn as documented in the
			 resident's social service plan.
(5) A quiet area shall be provided for infant
			 feeding.
(6) Laundry facilities
			 shall be readily available.
(7)
			 There shall be facilities for the safe preparation and storage of formula.
(8) The environment shall be free
			 of substances potentially hazardous to mother and infant.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-285 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Attendant"
			 means a staff person or volunteer who provides direct supervision of a
			 juvenile.
(b) "Attendant care"
			 means one-on-one direct supervision of a juvenile who has been taken into
			 custody. Attendant care shall not exceed 24 hours exclusive of weekends and
			 court holidays.
(c) "Attendant
			 care facility," herein after referred to as the facility, means a boarding home
			 for children at which attendant care is provided.
(d) "Corporal punishment" means activity
			 directed toward modifying a juvenile's behavior by means of physical contact
			 such as hitting with the hand or any implement, slapping, swatting, pulling
			 hair, yanking the arm, or any similar activity.
(e) "Juvenile" means a person between the
			 ages of 10 and 18 years of age.
(f) "License" means a document issued by the
			 Kansas department of health and environment which authorizes a licensee to
			 operate and maintain an attendant care facility.
(g) "Non-secure facility" means a facility
			 not characterized by the use of physically restricting construction, hardware
			 and procedures.
(h) "Public
			 agency" means any branch of city, county, or state government.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-286 - Licensing procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person,
			 corporation, firm, association or other organization who desires to conduct an
			 attendant care facility shall apply for a license on forms provided by the
			 Kansas department of health and environment. The application shall include a
			 KBI/SRS child abuse registry form supplied by the Kansas department of health
			 and environment.
(b) A license
			 shall be issued if the secretary finds that the applicant is in compliance with
			 the requirements of
			 K.S.A.
			 65-501 et seq. and amendments of them and the
			 regulations adopted as required by those statutes, and has made full payment of
			 the license fee required by the provisions of
			 K.S.A.
			 65-505 and amendments of it.
(c) The Kansas department of health and
			 environment shall revoke a license or deny any application in any case in which
			 there is a failure to comply with the provisions of the regulations for
			 attendant care.
(d) A copy of
			 "regulations for licensing attendant care facilities," provided by the Kansas
			 department of health and environment shall be kept on the premises at all
			 times.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-287 - 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 the license.
(b) Each facility license shall be valid only
			 for the licensee and the address appearing on the license. A new application
			 shall be required for each change of ownership, sponsor, or address of the
			 facility.
(c) Each license shall
			 not give the attendant care facility permission to place children.
(d) Claims as to specialized services shall
			 not be made unless the facility is staffed and equipped to offer such services.
(e) Each applicant or licensee
			 shall inform the licensing authority when the application is to be withdrawn or
			 the license is not to be renewed. The Kansas department of health and
			 environment shall notify the applicant or licensee and other appropriate
			 agencies that the facility is considered closed and the license terminated.
(f)
(1) Any applicant or licensee may submit a
			 written request for an exception to a regulation to the Kansas department of
			 health and environment. An exception shall be granted if the secretary
			 determines the exception to be in the best interest of a juvenile, and if
			 statutory requirements are not violated.
(2) Written notice from the Kansas department
			 of health and environment stating the nature of the exception and its duration
			 shall be posted with the license.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 4 - MATERNAL AND CHILD HEALTH › Section 28-4-288 - Administration, personnel and records

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Organization.
			 If the facility is operated by a private corporation, the corporation shall be
			 authorized to do business in the state of Kansas.
(b) Administrative policies.
(1) Each facility shall have an
			 organizational chart, and written policies and procedures defining operations
			 and legal responsibilities.
(2)
			 Each policy and procedure shall be distributed to staff members as appropriate.
(3) A KBI/SRS child abuse registry
			 form shall be completed and submitted to the Kansas department of health and
			 environment within two weeks of the time each new person over 10 years of age
			 resides, works or regularly volunteers in the facility, excluding juveniles
			 placed in care.