reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-51 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For purposes of this article, the definitions in
				K.A.R.
				28-72-1a through
				K.A.R.
				28-72-1x, as well as the following
				definitions, shall apply:
(a)
			 "Acknowledgment statement" means a form that is signed by the owner or occupant
			 of housing confirming that the owner or occupant received a copy of the
			 pamphlet and renovation notice before the renovation began.
(b) "Certificate of mailing" means a receipt
			 from the postal service that provides evidence that the renovator mailed the
			 pamphlet and a renovation notice to each owner or occupant. The pamphlet and
			 renovation notice shall be mailed at least seven days before the start of
			 renovation.
(c) "Compensation"
			 means payment or goods received for services rendered. Payment may be in the
			 form of money, goods, services, or bartering.
(d) "Emergency renovation operations" means
			 unplanned renovation activities performed in response to a sudden, unexpected
			 event that, if not immediately attended to, presents a safety or public health
			 hazard or threatens property with significant damage. Emergency renovation
			 operations shall include renovations to repair damage from a tree that fell on
			 a house and renovations to repair a water pipe break in an apartment
			 complex.
(e) "EPA" is defined in
			 K.A.R. 28-72-1e .
(f) "Housing for
			 the elderly" means retirement or similar types of housing specifically reserved
			 for households of one or more persons 62 years of age or older at the time the
			 unit is first occupied.
(g)
			 "Lead-based-paint-free housing" means target housing that has been determined
			 by a certified inspector or certified risk assessor to be free of paint or
			 other surface coatings that contain lead equal to or in excess of one milligram
			 per square centimeter or 0.5 percent by weight.
(h) "Lessor" means any entity that offers
			 target housing for lease, rent, or sublease, including the following:
(1) Individuals;
(2) partnerships;
(3) corporations;
(4) trusts;
(5) government agencies;
(6) housing agencies; and
(7) nonprofit organizations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-52 - Applicability

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except as
			 provided in subsection (b) of this regulation, this article and the
			 requirements of 40 CFR
			 745.80 through
			 745.91, as adopted in K.A.R.
			 28-72-2, shall apply to all renovation of target housing performed for
			 compensation.
(b) This article
			 shall not apply to renovation activities that are limited to any of the
			 following:
(1) Minor repair and maintenance
			 activities, including minor electrical work and plumbing, that disrupt six
			 square feet or less of painted surface per component;
(2) emergency renovation operations;
			 or
(3) if the renovator has
			 obtained a copy of the determination, any renovation in target housing in which
			 a written determination has been made by an inspector or risk assessor who has
			 been certified in accordance with this article that the components affected by
			 the renovation are free of paint and other surface coatings that contain lead
			 equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by
			 weight.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-53 - Information distribution requirements

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Renovations in target housing. No more
			 than 60 days before beginning renovation activities in any residential dwelling
			 unit of target housing, the renovator shall perform the following:
(1) Provide the owner of the unit with the
			 pamphlet and renovation notice and comply with one of the following:
(A) Obtain, from the owner, a written
			 acknowledgment that the owner has received the pamphlet and renovation notice;
			 or
(B) obtain a certificate of
			 mailing at least seven days before the renovation; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 72 - RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM › Section 28-72-54 - Recordkeeping requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each renovator
			 shall retain and, if requested, make available to KDHE all records necessary to
			 demonstrate compliance with this article for a period of three years following
			 completion of the renovation in target housing.
(b) Records shall be retained as specified in
			 subsection (a) of this regulation, if applicable. These records shall include
			 the following:
(1) Reports certifying that a
			 determination had been made by an inspector who has been certified in
			 accordance with this article that lead-based paint is not present in the area
			 affected by the renovation as described in K.A.R. 28-72-52 (b)(3);
(2) signed and dated acknowledgments of
			 receipt as described in K.A.R. 28-72-53 (a)(1)(A), (a)(2)(A), and (b)(1)(A);
(3) certifications of attempted
			 delivery as described in K.A.R. 28-72-53 (a)(2)(A);
(4) certificates of mailing as described in
			 K.A.R. 28-72-53, (a)(1)(B), (a)(2)(B), and (b)(1)(B); and
(5) records of renovation notices to tenants
			 and owners of residential dwellings as described in K.A.R. 28-72-54.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 73 - ENVIRONMENTAL USE CONTROLS PROGRAM › Section 28-73-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Act" means
			 K.S.A.
			 65-1,221 et seq. and amendments
			 thereto.
(b) "Applicant" means the
			 owner, as defined in
			 K.S.A.
			 65-1,222(c) and amendments
			 thereto, of an eligible property who submits to the secretary an application
			 for approval of environmental use controls for the eligible property.
(c) "Eligible property" means real property
			 that exhibits environmental contamination exceeding department standards for
			 unrestricted use and that is being or has been investigated or remediated, or
			 both, as a result of participating in a department-approved program.
(d) "Environmental contamination" means
			 "pollution" or "contamination," as those terms are used in the following acts
			 and statutes, as well as any regulations adopted under the authority of those
			 statutes, unless this act or any of the following acts specifically exclude or
			 exempt certain forms of pollution or contamination from the provisions of this
			 act:
(1)
									K.S.A.
			 65-3452a through
			 K.S.A.
			 65-3457a, and amendments thereto, concerning
			 hazardous substances;
(2) the
			 voluntary cleanup and property redevelopment act,
			 K.S.A.
			 65-34,161 through
			 K.S.A.
			 65-34,174, and amendments thereto;
(3) the Kansas drycleaner environmental
			 response act,
			 K.S.A.
			 65-34,141 through
			 K.S.A.
			 65-34,155, and amendments thereto;
(4)
									K.S.A.
			 65-3430 through
			 K.S.A.
			 65-3447, and amendments thereto, concerning
			 hazardous waste;
(5)
									K.S.A.
			 65-161 through
			 K.S.A.
			 65-171y, and amendments thereto, concerning
			 the waters of the state;
(6) the
			 Kansas storage tank act,
			 K.S.A.
			 65-34,100 through
			 K.S.A.
			 65-34,130, and amendments thereto;
			 and
(7)
									K.S.A.
			 65-3401 through
			 K.S.A.
			 65-3427, and amendments thereto, concerning
			 solid waste.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 73 - ENVIRONMENTAL USE CONTROLS PROGRAM › Section 28-73-2 - Application

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 shall submit an application to the secretary, as provided by the act and these
			 regulations.
(b) If an application
			 is determined by the secretary to be incomplete, written notification shall be
			 provided to the applicant by the secretary identifying the documentation, data,
			 or other information that is needed to complete the application, and the
			 application shall be returned to the applicant. The applicant may then submit a
			 revised application package, provide the additional information as required by
			 the secretary, or withdraw the application.
(c) If the applicant is a person or entity
			 that does not own the eligible property, but is the landowner's authorized
			 representative, the applicant shall provide a notarized statement from the
			 landowner or landowners specifically authorizing the applicant to act on the
			 landowner's behalf or a judicial decree assigning this authority to the
			 applicant.
(d) If the owner of the
			 eligible property is a local, state, or federal governmental entity, the
			 signature of an authorized governmental official shall be considered as a
			 sufficient basis for executing and submitting the application.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 73 - ENVIRONMENTAL USE CONTROLS PROGRAM › Section 28-73-3 - Environmental use control agreements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If the
			 secretary approves an application for environmental use controls, an
			 environmental use control agreement for the eligible property shall be issued
			 by the secretary in a standardized format that contains all of the following
			 components, as applicable to that eligible property:
(1) A description of the control,
			 restriction, prohibition, or limitation that constitutes each of the
			 environmental use controls proposed by the applicant in the application package
			 and approved by the secretary;
(2)
			 a legal description of the eligible property;
(3) authorization for the department and the
			 department's contractors to have access to the eligible property as required by
			 the act;
(4) a statement of the
			 funding requirements established by the secretary as specified in the act or,
			 for category 3 property, a reference incorporating the long-term care agreement
			 required by
			 K.S.A.
			 65-1,226 and amendments thereto and K.A.R.
			 28-73-4;
(5) for category 3
			 property, a statement indicating whether financial assurance is required, as
			 specified in
			 K.S.A.
			 65-1,224, and amendments thereto, K.A.R.
			 28-73-1, and K.A.R. 28-73-5;
(6)
			 the length of time during which the environmental use control agreement is to
			 be in effect;
(7) a description of
			 any monitoring, inspection, or maintenance requirements;
(8) a description of the specific terms and
			 conditions that are to be applied as part of the environmental use controls for
			 the eligible property;
(9) a
			 description of the enforcement provisions that are authorized by
			 K.S.A.
			 65-1,229, and amendments thereto;
(10) a list of any local, state, or federal
			 government restrictions, prohibitions, or zoning requirements that pertain to
			 the eligible property;
(11) an
			 acknowledgment of the environmental use control agreement that is to be
			 endorsed with the seal of the register of deeds in and for the county where the
			 eligible property is located, pursuant to
			 K.S.A.
			 19-1206, and amendments thereto; and
(12) a description of any other
			 requirements established for the eligible property by the secretary to ensure
			 the protection of public health and safety and the environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 73 - ENVIRONMENTAL USE CONTROLS PROGRAM › Section 28-73-4 - Long-term care agreements for category 3 property

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) As provided in
			 K.S.A.
			 65-1,226, and amendments thereto, a long-term
			 care agreement between the secretary and the applicant shall be required for
			 each category 3 property.
(b) Each
			 long-term care agreement for a category 3 property entered into by an applicant
			 and the secretary as provided by
			 K.S.A.
			 65-1,226, and amendments thereto, shall
			 include a provision for a funding requirement in an amount that will reimburse
			 the department for all direct and indirect costs incurred by the department in
			 implementing and administering the environmental use control agreement and
			 performing long-term care at the property, including costs for the following
			 departmental activities conducted for the purpose of inspecting, monitoring,
			 investigating, and evaluating environmental use controls and remedial progress
			 at the property:
(1) Reviewing documents
			 related to the site, including the following:
(A) Inspection, monitoring, and progress
			 reports;
(B) operation and
			 maintenance records;
(C) reports
			 related to spills of contaminants at the site;
(D) reports related to permits issued for the
			 eligible property; and
(E)
			 pertinent historical documents;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 73 - ENVIRONMENTAL USE CONTROLS PROGRAM › Section 28-73-5 - Financial assurance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any applicant
			 requesting approval of an environmental use control for a category 3 property
			 may be required by the secretary to provide and maintain financial assurance in
			 an amount equal to or greater than one or both of the following:
(1) The estimated amount of the funding
			 requirement set out in the long-term care agreement as provided by K.A.R.
			 28-73-4; and
(2) the estimated
			 amount of the funding necessary to implement contingent remedies that will be
			 used to protect public health and safety and the environment if the proposed
			 remedial activity fails.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 73 - ENVIRONMENTAL USE CONTROLS PROGRAM › Section 28-73-6 - Duration of environmental use controls

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each
			 environmental use control shall remain in effect in perpetuity, unless the
			 secretary approves, in writing, the removal of an environmental use control or,
			 by its own terms, the environmental use control agreement expires.
(b) Any applicant may submit with the
			 application a written request for approval of a provision in the environmental
			 use control agreement specifying the number of years the environmental use
			 control is to remain in effect. The request shall be reviewed by the secretary,
			 and the applicant shall be notified by the secretary of the secretary's
			 approval or denial of the request.
(c) If an approved environmental use control
			 agreement will expire after a stated term of years or the owner seeks to
			 terminate an environmental use control agreement, the owner shall submit a
			 detailed work plan to the secretary that outlines the proposed methods of
			 sampling and evaluating the residual contaminant levels on the eligible
			 property. The owner shall submit the work plan before the expiration or
			 termination of the environmental use control agreement. After consideration and
			 approval of the work plan by the secretary, all of the following shall occur:
(1) The owner shall execute the approved work
			 plan.
(2) The owner shall document
			 and submit the results of the sampling to the secretary in a report and include
			 recommendations for future actions to protect public health and safety and the
			 environment at the eligible property.
(3) Following the secretary's review of the
			 report and recommendations for future actions, the report and recommendations
			 shall be approved, approved with conditions, or disapproved by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 73 - ENVIRONMENTAL USE CONTROLS PROGRAM › Section 28-73-7 - Restrictions, prohibitions, and zoning requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Restrictions,
			 prohibitions, and zoning requirements placed on an eligible property by a
			 local, state, or federal government may be approved by the secretary in lieu of
			 or in addition to one or more environmental use controls if the restriction,
			 prohibition, or zoning requirement meets the following conditions:
(1) Has been legally established;
(2) is enforceable by a governmental entity;
			 and
(3) is determined by the
			 secretary to be in effect and applicable to the environmental contamination for
			 which a particular environmental use control is otherwise considered to be a
			 necessary component of an environmental use control agreement for the eligible
			 property.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 74 - RISK MANAGEMENT PROGRAM › Section 28-74-1 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For purposes of this article, each of the following terms shall
				have the meaning specified in this regulation:
(a) "Acceptance" means that an application
			 for the risk management program has been approved by the secretary and a risk
			 management plan agreement has been signed by the secretary.
(b) "Department" means Kansas department of
			 health and environment.
(c)
			 "Environmental contamination" has the meaning specified in
			 K.A.R.
			 28-73-1.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 74 - RISK MANAGEMENT PROGRAM › Section 28-74-2 - Application

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each
			 prospective participant shall submit a completed application to the secretary
			 on a form provided by the department. Each application shall include the
			 following information:
(1) A map identifying
			 the location of the site and the area within the site to which the risk
			 management plan applies;
(2) a map
			 identifying all parcels within the site to which the risk management plan
			 applies, including ownership of each parcel;
(3) documentation that the applicant provided
			 written notification to all property owners and occupants within the site to
			 which the risk management plan applies and proof that those property owners and
			 occupants received the notification; and
(4) a draft risk management plan for review
			 and consideration for approval.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 74 - RISK MANAGEMENT PROGRAM › Section 28-74-3 - Risk management plan

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Each risk
			 management plan shall include the following:
(1) Demonstration that all of the following
			 conditions have been met:
(A) The extent of
			 the environmental contamination has been determined;
(B) the source reduction has been completed,
			 if necessary;
(C) the contaminant
			 concentration trends are not dependent on the continued operation and
			 maintenance of active remediation systems;
(D) the associated groundwater contaminant
			 plume is stable or shrinking, if applicable;
(E) imminent future exposure is not likely;
			 and
(F) all current complete
			 exposure pathways have been addressed;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 74 - RISK MANAGEMENT PROGRAM › Section 28-74-4 - Risk management plan agreement

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Pursuant to K.S.A. 2015 Supp.
			 65-34,176 and amendments thereto,
			 a risk management plan agreement shall be required for each site.
(b) Upon approval of a risk management plan,
			 a risk management plan agreement shall be issued by the secretary and shall
			 include the following information:
(1) A
			 description of site conditions and specification of any monitoring, inspection,
			 or maintenance requirements proposed by the participant and approved by the
			 secretary;
(2) a description of the
			 area within the site to which the risk management plan applies;
(3) authorization for agents of the
			 department to have access to the site as necessary to monitor and inspect all
			 risk management plan activities, as required by the act;
(4) identification of the one-time payment to
			 reimburse the department for all direct and indirect costs incurred by the
			 department in implementing and administering the risk management plan required
			 by K.S.A. 2015 Supp.
			 65-34,176, and amendments
			 thereto;
(5) a description of the
			 specific terms and conditions that shall be applied as part of the risk
			 management plan for the area within the site to which the risk management plan
			 applies; and
(6) a description of
			 the enforcement provisions authorized by K.S.A. 2015 Supp.
			 65-34,176, and amendments
			 thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 75 - HEALTH INFORMATION › Section 28-75-100 - Authorization form

Current through Register Vol. 43, No. 28, July
			 11, 2024
Pursuant to
				K.S.A.
				65-6826 and amendments thereto, the Kansas
				department of health and environment's form titled "authorization to disclose
				protected health information," dated August 20, 2012, is hereby adopted by
				reference.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 2 - GENERAL › Section 30-2-1 - Assistance provided without discrimination

Current through Register Vol. 43, No. 28, July 11, 2024
All assistance and services provided by the Kansas state
				department of social and rehabilitation services shall be provided without
				discrimination on grounds of race, religion, color, sex, age, handicap,
				national origin, or ancestry.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 2 - GENERAL › Section 30-2-2 - Uniformity of interpretation

Current through Register Vol. 43, No. 28, July 11, 2024
All officers or employees of state department of social and
				rehabilitation services shall uniformly interpret the laws, and rules and
				regulations pertaining thereto, and in order to provide uniformity the agencies
				and individuals involved shall follow the interpretation given through handbook
				or manual material, or by state director's letters or other releases, or
				communications, from the secretary of the state department of social and
				rehabilitation services, or the state director of institutions.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 2 - GENERAL › Section 30-2-11 - Disclosure of information to client

Current through Register Vol. 43, No. 28, July 11, 2024
Information entered into the case record subsequent to July 1,
				1978 shall be made available upon request to the client or his or her legal
				guardian for inspection at a time mutually agreeable to the agency and the
				requestor except as set forth below.
(a) Medical and psychiatric reports. Medical
			 and psychiatric reports shall not be made available to the requestor unless
			 signed, written consent is obtained from the medical practitioner who rendered
			 such report. Such reports may be released through the client's physician if the
			 agency decides that this method of release is in the best interest of the
			 client.
(b) Names and addresses of
			 complainants. The names and addresses of complainants shall not be made
			 available to the requestor.
(c)
			 Investigative reports. Investigative reports shall not be made available to the
			 requestor during the course of the investigation or during the time period in
			 which the case has been referred for legal action unless an agency attorney or
			 the prosecuting attorney to whom the case has been referred for legal action
			 authorizes such disclosure.
(d)
			 Names, addresses and other information which would identify or lead to the
			 identification of persons who have provided information to the agency. The
			 names, addresses or other information which would identify or lead to the
			 identification of a person or persons who have provided information to the
			 agency shall not be made available to the requestor unless a signed written
			 consent is obtained from the individual whose identity the requestor wishes to
			 be made available.
(e) Other
			 information. Other information shall not be made available to the requestor if
			 otherwise prohibited by statute or administrative regulation.
(f) Exception. Notwithstanding the provisions
			 of (a), (c) and (e) above, all documents and records to be used by the agency
			 at a fair hearing shall be made available, upon request, to the appellant or
			 his or her representative for inspection or copying at a time mutually
			 agreeable to the agency and the appellant or his or her representative prior to
			 the date of the hearing.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 2 - GENERAL › Section 30-2-12 - Fee for providing copies of agency documents and records to non-agency personnel

Current through Register Vol. 43, No. 28, July 11, 2024
Except as set forth in
				K.A.R.
				30-2-12(d), the following
				fees may be charged for providing copies of agency documents and records to
				non-agency personnel:
(a) A fee for
			 copies of $.25 per single-sided page;
(b) an additional fee not exceeding the
			 actual cost of furnishing copies, including the cost of staff time required to
			 make the information available; and
(c) in the case of fees for providing access
			 to records maintained on computer facilities, the cost of any computer
			 services, including staff time required.
(d) Exceptions. No fee shall be charged if
			 the request for documents or records meets any of the following criteria:
(1) Is in the administration of an agency
			 program;
(2) is in relationship to
			 a client fair hearing;
(3) is for
			 medical diagnosis or treatment;
(4) is from a state agency; or
(5) is pursuant to an administrative
			 regulation authorizing the release of the document or record without the
			 charging of a fee. This regulation shall take effect on and after April 1,
			 1999.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 2 - GENERAL › Section 30-2-13 - Reliance upon certain agency actions

Current through Register Vol. 43, No. 28, July 11, 2024
Interpretations of contract and grant provisions, and the
				approval of contract and grant changes shall not be binding upon the agency
				unless they have been reduced to writing.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 2 - GENERAL › Section 30-2-15 - Civil rights and equal employment opportunity compliance providers, contractors, grantees and vendors

Current through Register Vol. 43, No. 28, July 11, 2024
The agency may terminate or refuse to enter into a business
				relationship with a provider, contractor, grantee or vendor who is not in
				compliance with applicable statutes, administrative regulations or executive
				orders concerning non-discrimination in the provision of services or
				employment, affirmative action or equal employment opportunity.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 2 - GENERAL › Section 30-2-16 - Permanency planning goals for title IV-E of the federal social security act

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The agency's
			 permanency planning goal for the federal fiscal year commencing on October 1,
			 1999 shall be to have no more than 600 children who have been in foster care
			 placements in excess of 24 consecutive months receive federal funding during
			 the course of the year.
(b) Both
			 of the following steps shall be taken by the agency to achieve the above-stated
			 goal:
(1) A reasonable effort shall be made
			 to make adoption assistance available on behalf of eligible children.
(2) A case review shall be
			 initiated and a plan shall be developed for each child in the custody of the
			 agency.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 2 - GENERAL › Section 30-2-17 - Administration of certain long-term care programs

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Subject to the federal grant requirements
			 for medicaid under the social security act, title XIX, the "nursing facility
			 services payment program," as that term is used in K.S.A. 1996 Supp.
			 75-5321a, shall include the
			 following functions:
(A) oversight of
			 certification and recertification of nursing facilities;
(B) provider enrollment;
(C) minimum data set collection and analysis;
(D) rate setting and payments;
(E) cost report reviews;
(F) audits;
(G) payment reconciliations;
(H) overpayment collections;
(I) penalty enforcement;
(J) compliance functions, including
			 collection of civil money penalties; and
(K) budget preparation and management.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-34 - Public assistance program

Current through Register Vol. 43, No. 28, July 11, 2024
The public assistance program shall include the following types
				of assistance:
(a) Temporary
			 assistance for needy families (TANF);
(b) foster care assistance, which shall
			 include the federal financial participation-foster care (FFP-FC) and
			 non-federal financial participation foster care (non-FFP-FC)
			 programs;
(c) low income energy
			 assistance program (LIEAP);
(d)
			 food assistance. The federal term for this program is supplemental nutrition
			 assistance program (SNAP); and
(e)
			 child care assistance.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-35 - Application process

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Who may
			 file. Each individual seeking public assistance, or another person authorized
			 to act on the applicant's behalf, shall submit an application for public
			 assistance to the department.
(b)
			 Applications. The applicant or person authorized to act on behalf of the
			 applicant shall sign the application. If the applicant or the applicant's
			 representative signs by mark, the names and addresses of two witnesses shall be
			 required. A telephonic signature, by the applicant or the applicant's
			 authorized representative, shall be an acceptable form of attestation by the
			 applicant when applying for public assistance and shall not be denied legal
			 effect based solely on its format. When a telephonic signature is accepted,
			 measures shall be taken by the department to verify the identity of each
			 applicant. These measures shall be designed to safeguard applicants against any
			 form of identity theft or invasion of privacy. Memoranda of understanding shall
			 be required with any nonprofit organization that wants to assist applicants
			 with applications for public assistance and accept telephonic signatures for
			 those applications on behalf of the department.
(c) Interview. An interview shall be required
			 at the time of application for food assistance and TANF assistance. An
			 interview may be required at the time of initial application for child care
			 assistance if information provided by the applicant is incomplete, unclear, or
			 contradictory.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-36 - Redetermination of eligibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Redetermination. Redetermination shall give each recipient an opportunity to
			 bring to the attention of the department the recipient's current situation and
			 to give the department an opportunity to review the eligibility factors in
			 order to determine the recipient's continuing eligibility for
			 assistance.
(b) Interview. An
			 interview shall be required at the time of each redetermination for food
			 assistance and cash assistance. An interview may be required at the time of
			 each redetermination for child care assistance if any information provided by
			 the applicant is incomplete, unclear, or contradictory.
(c) Frequency of redetermination. A
			 recipient's eligibility for assistance shall be redetermined as specified in
			 this subsection. Each TANF case shall be reviewed at least once each 12 months.
			 Each TANF caretaker relative case shall be reviewed at least once each 24
			 months.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-38 - Rights of applicants and recipients

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Right to
			 information. Each applicant or recipient shall have the right to be provided
			 with information concerning the types of assistance which are provided by the
			 agency. Upon request, the agency shall furnish each applicant with information
			 and shall explain the categories of assistance and the eligibility factors.
(b) Right to make application.
			 Each applicant shall have the right to make application regardless of any
			 question of eligibility or agency responsibility. The right of any individual
			 to make application shall not be abridged.
(c) Right to private interview. Each
			 applicant or recipient, upon request, shall have a right to a private interview
			 when discussing individual situations with the agency.
(d) Right to an individual determination of
			 eligibility for assistance. Each applicant or recipient shall be given an
			 opportunity to present any request and to explain the individual's situation.
(e) Right to withdraw from
			 program. Each applicant shall have the right to withdraw the application at any
			 time between the date the application is signed and the date the notice of the
			 agency's decision is mailed. Any recipient may withdraw from a program at any
			 time.
(f) Right to prompt
			 decision. Each applicant shall have the right to have a decision rendered on an
			 application within 45 days of its receipt by the agency. Each recipient shall
			 have the right to have a decision rendered on any formal request within 30 days
			 of its receipt by the agency.
(g)
			 Right to correct amount of assistance. Each recipient, if eligible, shall be
			 entitled to the correct amount of assistance, based upon established budgetary
			 standards.
(h) Right to written
			 notification of action. Each applicant or recipient shall have the right to a
			 written notification of agency action concerning eligibility for assistance.
(i) Right to equal treatment. Each
			 applicant or recipient shall have the right to be treated in the same manner as
			 other applicants or recipients who are in similar circumstances.
(j) Right to a fair hearing. Each applicant
			 or recipient shall have the right to request a fair hearing if dissatisfied
			 with any agency decision or lack of action in regard to the application for or
			 receipt of assistance.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-39 - Responsibilities of applicants and recipients

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant or recipient shall meet these requirements:
(a) Supply, insofar as the applicant
			 or recipient is able, information essential to the establishment of
			 eligibility;
(b) report changes of
			 circumstances within 10 calendar days;
(c) give written permission for release of
			 information regarding resources, when needed;
(d) cooperate with the agency in establishing
			 the paternity of a child born out of wedlock for whom assistance is claimed and
			 in performing the following:
(1) Obtaining
			 support payments for the applicant or recipient and for any child for whom
			 assistance is claimed; and
(2)
			 obtaining any other payments or property due the applicant or recipient or any
			 child for whom assistance is claimed; and
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-40 - Department responsibility to applicants and recipients

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On the request of any applicant or
			 recipient, the applicant's or recipient's rights and responsibilities shall be
			 explained by the department.
(b)
			 Each applicant and recipient shall be informed of the following:
(1) Periodic redeterminations. Periodic
			 redeterminations of eligibility shall be made if the application is
			 approved.
(2) Fraud. Each
			 fraudulent application for or receipt of assistance shall be investigated and
			 referred for legal action.
(3)
			 Release of confidential information. Unless otherwise prohibited by other
			 local, state, or federal law, confidential information shall be released by the
			 department if the release is directly related to any of these duties:
(A) The administration of the public
			 assistance program;
(B) an
			 investigation or criminal or civil proceeding being conducted in connection
			 with the administration of the program;
(C) the reporting of a fugitive felon's
			 address to local, state, and federal law enforcement officials. This report
			 shall be made only if the law enforcement official furnishes the recipient's
			 name and social security number and satisfactorily demonstrates that the
			 individual is a fugitive felon, that the location or apprehension of the
			 fugitive felon is within the law enforcement officer's official duties, and
			 that the request is made in the proper exercise of those duties;
(D) the reporting of an applicant's or
			 recipient's intention to commit a crime to the appropriate law enforcement
			 officials; or
(E) release of
			 confidential information concerning applicants and recipients as authorized by
			 state or federal law.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-41 - Assistance planning for TANF

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 For the purposes of
			 K.A.R.
			 30-4-50 through
			 30-4-98,
			 the following terms and definitions shall apply:
(1) "Family group" means the applicant or
			 recipient and all individuals living together in which there is a relationship
			 of legal responsibility or a caretaker relationship. This term shall include a
			 cohabiting boyfriend or girlfriend living with the person legally responsible
			 for the child.
(2) "Mandatory
			 filing unit" means all persons in the family group whose needs or resources are
			 required to be considered in determining eligibility and amount of payment as
			 outlined in
			 K.A.R.
			 30-4-70(e) for TANF
			 purposes. If the department is unable to determine who is required to be a
			 member of the mandatory filing unit as a result of an applicant's or
			 recipient's failure to cooperate in providing necessary information or in
			 complying with an eligibility requirement that is within the applicant's or
			 recipient's control, those persons who would otherwise be required to be in the
			 mandatory filing unit if the applicant or recipient had cooperated shall be
			 ineligible for assistance.
(3)
			 "Caretaker," for TANF assistance purposes, means any of the following persons:
(A) The parent or parents, including the
			 parent or parents of an unborn child; or
(B) the person who is assigned the primary
			 responsibility for the care and control of the child as one of the following
			 representatives:
(i) A guardian, conservator,
			 or a relative, as defined in
			 K.A.R.
			 30-4-70(b); or
(ii) a legal custodian, when based on an
			 approved social service plan.
Caretaker status shall be extended to the spouse of a
				non-parental caretaker and a cohabiting boyfriend or girlfriend living with the
				person legally responsible for the child.
(4) "Eligible caretaker" means a
			 caretaker who is considered in the assistance plan with the child.
(5) "Legally responsible relative" means the
			 person who has the legal responsibility to provide support for the person in
			 the assistance plan.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-50 - Assistance eligibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General
			 requirements. This regulation shall apply to the TANF and foster care programs
			 except as noted in subsection (b) for TANF.
			 K.A.R.
			 30-4-51 through
			 30-4-55
			 shall apply to all public assistance programs specified in
			 K.A.R.
			 30-4-34.
(b) Time-limited assistance. A family group
			 shall not be eligible for TANF if at least one of the following conditions is
			 met:
(1) The family group contains at least
			 one adult member who has received TANF, including similar assistance received
			 in any other state, for 24 calendar months beginning on and after October 1,
			 1996, unless a hardship extension has been granted or certain months of TANF
			 assistance were determined to be an exception and were not counted towards the
			 time limit, allowing receipt of TANF until the 36-month limit is reached. A
			 hardship extension shall be granted under any of the following conditions:
(A) The TANF recipient is a caretaker of a
			 disabled family member living in the household. The nature and duration of the
			 disability shall be verified by a medical professional.
(B) The TANF adult has a disability that
			 precludes employment on a long-term basis or requires substantial
			 rehabilitation. Verification shall be obtained from a medical
			 professional.
(C) The TANF adult
			 needs an extension of the time limit to overcome the effects of domestic
			 violence or sexual assault.
(D) The
			 family is involved with DCF prevention and protection services and has an open
			 social service plan.
(E) A hardship
			 is presented by the family, and a determination is made by a DCF executive
			 review team that an additional 12 months of TANF would benefit the
			 family.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-51 - Eligibility process

Current through Register Vol. 43, No. 28, July 11, 2024
The determination of eligibility shall be based upon
				information provided by the applicant, the recipient, or collateral sources. If
				any information provided by the applicant or recipient is unclear, incomplete,
				conflicting, or questionable, a further review, including collateral sources,
				shall be required. A collateral source shall mean an individual or entity that
				has knowledge of, but is not part of, a household and provides written or
				verbal confirmation of the household's circumstances. Applicants and recipients
				shall be eligible for assistance only if all applicable eligibility
				requirements have been met.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-52 - Act in own behalf

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Emancipated
			 minor. "Emancipated minor" means a person who is age 16 or 17 and who is or has
			 been married, or a person who is under the age of 18 and who has acquired the
			 rights of majority through court action.
(b) Ability to act on own behalf. Each
			 applicant or recipient shall be legally capable of acting on that individual's
			 own behalf. Incapacitated persons or minors shall not be eligible to receive
			 assistance unless a caretaker applies for assistance on that person's behalf.
			 Emancipated minors shall be eligible to receive assistance on their own behalf.
			 Unemancipated minors shall not be deemed capable of acting on their own behalf
			 and shall reside with a caretaker in order to be eligible for assistance,
			 except when one of the following conditions exists.
(1) Either the parents of the minor are
			 institutionalized or the minor has no parent who is living or whose whereabouts
			 are known, and there is no other caretaker who is willing to assume parental
			 control of the minor.
(2) The
			 health and safety of the minor has or would be jeopardized by remaining in the
			 household with the minor's parents or other caretakers.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-54 - Citizenship, alienage, and residence

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Definition. For the purposes of this
			 regulation, "resident" shall mean any person who is living in Kansas
			 voluntarily, with no intention of presently moving from Kansas, and who is not
			 living in Kansas for a temporary purpose.
(1)
			 Each child living in Kansas shall be considered a resident.
(2) For TANF, each person who has entered
			 Kansas with a job commitment or who is seeking employment in Kansas shall be
			 considered a resident.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-55 - Cooperation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Establishment
			 of eligibility. Each applicant, recipient, or ineligible caretaker shall
			 cooperate with the agency in the establishment of eligibility as provided in
			 K.A.R. 30-4-39. Failure to provide information necessary to determine
			 eligibility shall render the family group ineligible for assistance.
(b) Social security number. Each applicant or
			 recipient shall provide the agency with the applicant's or recipient's social
			 security number. Failure to provide the number, or failure to apply for a
			 number if the applicant or recipient has not previously been issued a number,
			 shall render the applicant or recipient ineligible for assistance.
(c) Paternity and support.
(1) The caretaker who is applying for or
			 receiving assistance shall cooperate with the agency in establishing the
			 paternity of any child born out of wedlock for whom assistance is claimed, and
			 in obtaining support payments for the caretaker and for any child for whom
			 assistance is claimed. Failure to cooperate in any assistance program
			 administered by the secretary in which paternity and support cooperation is
			 required shall render the mandatory filing unit of which the child is a member
			 ineligible for assistance unless the caretaker demonstrates good cause for
			 refusing to cooperate. The period of ineligibility shall be as follows:
(A) For the first failure, until the
			 caretaker cooperates; and
(B) for
			 any subsequent failure, two months or until the person cooperates, whichever is
			 longer.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 4 - PUBLIC ASSISTANCE PROGRAM › Section 30-4-59 - Strikes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An applicant or
			 recipient shall be ineligible for assistance if the person is participating in
			 a strike. If the applicant or recipient is a legally responsible caretaker, the
			 mandatory filing unit of which that individual is a member shall be ineligible
			 for assistance.
(b) This
			 regulation shall take effect on and after March 1, 1997.