Agency 28, Article 4 — MATERNAL AND CHILD HEALTH

Food service. (a) Food prepara- tion and storage. (1) The major food preparation area shall be adequately equipped for the sanitary prepara- tion and storage of food and washing of dishes and utensils. Food shall be prepared and served in a sanitary manner. Kitchens which serve 2…

Maternity care. (a) Any facility may provide care for a pregnant resident if the requirements of this regulation are met, and the plan is approved by the department. If the facility does not meet the maternity care regulations or does not plan to maintain the resident through the…

Residential services to moth- ers and infants. Each maternity home or resi- dential 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 ser…

Definitions. (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…

Licensing procedures. (a) Any person, corporation, firm, association or other organization who desires to conduct an attendant care facility shall apply for a license on forms pro- vided by the Kansas department of health and en- vironment. The application shall include a KBI/ SR…

Terms of license. (a) The maxi- mum 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 re…

Administration,personneland records.(a)Organization.Ifthefacilityisoperated 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…

Admission policies and pro- cedures. (a) Written admission criteria shall be clearly defined. (b) Intake policies. (1) Identifying information shall be obtained to initiate each juvenile’s record. This information shall include a description of behavior and obvi- ous physical pro…

Program. (a) A written plan and daily routine shall be maintained for all juveniles that shall include supervision, meals, rest and sleep, personal hygiene, physical exercise, work, recreation, visitation and communication. (b) Supervision. (1)Eachjuvenileshallbesupervisedatallti…

(a) Health care policies. (1) Each facility, in consultation with a physi- cian or community health nurse, and using the Kansas department of health and environment health care guidelines as a resource, shall devel- op written health care guidelines covering the following areas: …

Safety procedures. (a) Plans shall be developed for the care of juveniles in di- sasters such as fires, tornadoes, storms, floods, and civil disorders, as well as occurrences of serious illness or injury to staff or juveniles. (b) Each disaster plan shall be posted and fol- lowed…

Physical plant. (a) Each facility shall be clean and free from safety hazards. (b) (1) Any facility may be located in a non- secure area at a sheriff’s office, state police post, detoxification center, community mental health center, local hospital or similar facility which meets…

Transportation. Each facility that provides transportation for juveniles shall meet the following requirements: (a) Each driver of the vehicle shall hold an oper- ator’s license of a type appropriate for the vehicle being used. (b) Each transporting vehicle shall be main- tained …

(Authorized by K.S.A. 65-508; ef- fective, E-76-36, July 14, 1975; effective May 1, 1976; amended, E-78-7, Feb. 17, 1977; revoked, E-81-22, Aug. 27, 1980; revoked May 1, 1981.) 28-4-301 to 28-4-310. (Authorized by K.S.A. 65-508; effective, E-76-36, July 14, 1975; effective May 1,…

Definition. “Family foster home” means a child care facility that is a private resi- dence, including any adjacent grounds, in which a licensee provides care for 24 hours a day for one or more children in foster care and for which a license is required by K.A.R. 28-4-801. (Autho-…

(Authorized by K.S.A. 65-508; im- plementing K.S.A. 65-501, 65-503, 65-508, K.S.A. 1982 Supp. 65-504, 65-505; effective, E-81-22, Aug. 27, 1980; effective May 1, 1981; amended, T-83-24, Aug. 25, 1982; amended May 1, 1983; revoked March 28, 2008.)

(Authorized by K.S.A. 65-508; implementing K.S.A. 65-508; effective, E-81-22, Aug. 27, 1980; effective May 1, 1981; revoked March 28, 2008.)

(Authorized by K.S.A. 65-508; implementing K.S.A. 65-507; effective, E-81-22, Aug. 27, 1980; effective May 1, 1981; revoked March 28, 2008.)

(Authorized by K.S.A. 65-508; implementing K.S.A. 65-508; effective, E-81-22, Aug. 27, 1980; effective May 1, 1981; revoked March 28, 2008.)

(Authorized by K.S.A. 65-508; implementing K.S.A. 65-507, 65-508, 65-510; ef- fective, E-81-22, Aug. 27, 1980; effective May 1, 1981; amended, T-84-28, Oct. 19, 1983; amend- ed May 1, 1984; amended May 1, 1986; revoked March 28, 2008.)

(Authorized by and implementing K.S.A. 65-508; effective, E-81-22, Aug. 27, 1980; effective May 1, 1981; amended May 1, 1986; re- voked March 28, 2008.) SECURE TREATMENT FACILITIES

Definitions. (a) “Administrator” means a person employed by a secure residential treatment facility who is responsible for the over- all administration of the facility. (b) “Basement” means each area with a floor level more than 30 inches below ground level on all four sides. (c)…

Licensing procedures. (a) A person shall not operate a secure residential treat- ment facility that provides treatment to youth un- der 16 years of age, unless issued a license by the department. (b) Each person desiring to operate a secure residential treatment facility that pro…

Terms of license. (a) The maxi- mum number of youth and the age range of youth who may be treated in each secure residential treatment facility shall be specified on the facil- ity’s license. No youth less than 10 years of age shall be admitted to a secure residential treatment f…

Administration. (a) Organization. (1) Each secure residential treatment facility shall be governed by one of the following entities: (A) A public agency, who shall employ an ad- ministrator for the secure residential treatment facility; or (B) a private entity with a governing bo…

Staff development. (a) Each person having contact with youth shall demon- strate emotional maturity, sound judgment, and a sound knowledge of the developmental needs of youth. (b) Administrator qualifications. (1) Each administrator shall demonstrate the following: (A) Knowledge …

Admissionandreleasepolicies. (a) Before admission, each youth shall be evaluat- ed by a person approved by the Kansas behavioral sciences regulatory board, Kansas board of nurs- ing, or Kansas board of healing arts to diagnose and treat mental and behavioral disorders, or by a qu…

Program and services. (a) Each secure residential treatment facility shall keep documentation of each youth’s preadmission eval- uation in the youth’s file. (b) An interdisciplinary treatment team shall develop an individualized plan of care for each youth admitted to the secure …

Records. (a) Personnel records. Each secure residential treatment facility shall maintain individual personnel records for each staff member, which shall include the following information: (1) The staff member’s job application, includ- ing all of the following: (A) Identifying i…

Behavior management. (a) Pol- icies. (1) Each secure residential treatment facility shall establish and implement written policy pro- viding for a behavior management system that as- sists youth to develop inner control and manage their own behavior in a socially acceptable man- …

Rights of youth. (a) The rights of youthwhileinthelicensee’scareorcontrolshallnot be diminished or denied for disciplinary reasons. (b) Each secure residential treatment facility shall establish and implement written policies and procedures concerning the rights of the youth. The…

Emergency, safety, security, and control. (a) Each secure residential treat- ment facility shall develop a disaster plan to pro- vide for the safety of youth in emergencies. The licensee shall review the plan at least annually and update as needed. The plan and any subsequent upd…

Health care policies. (a) Health services for youth. (1) Each secure residential treatment facility, in consultation with a physician, shall develop writ- ten health care policies that cover the following: (A) A health history checklist and review for each youth upon admission, a…

Mental health policies. (a) The treatment and activities provided by the secure residential treatment facility for youth shall supple- ment and support the family-child relationship. (b) The views of the parents, the youth, and the placing agent concerning factors important to th…

Environmental standards. (a) General building requirements. (1) Each secure residential treatment facility shall use public water and sewage systems, or shall have private water and sewage systems approved pursuant to K.S.A. 65-163 and K.S.A. 65-165, and amendments thereto. (2) A…

Definitions. The following words and terms shall have the following meanings, un- less the context clearly indicates otherwise. (a) “Center” means a detention center or a se- cure care center. It may be owned and operated by public or private entities and includes the staff and s…

Licensing procedures. (a) A person shall not conduct a center for children un- der 16 years of age, unless the person has been issued a license to do so by the department. (b) Any person desiring to conduct a center shall apply for a license on forms provided by the department an…

Terms of license. (a) The maxi- mum number and age range of juveniles who may be cared for in each living unit shall be specified on each license. (b) Any license issued shall not be transferable and shall be valid only for the original licensee at the address appearing on the li…

Administration. (a) Organization. (1) The center shall be administered by: (A) A public agency; or (B) A private entity with a governing board which is legally responsible for the operation, policies, finances and general management of the center. The director shall not be a voti…

Staff development. (a) Each person having contact with juveniles shall demon- strate emotional maturity, sound judgment, and a sound knowledge of the developmental needs of children. (b) Center director qualifications. (1) Each center director shall demonstrate the following skil…

Records. (a) Personnel records. Individual records shall be kept for each staff member which shall include the staff member’s: (1) Job application, including all: (A) Identifying information; (B) qualifications including documentation and verification; and (C) character and emplo…

Admissionandreleasepolicies. (a) Written admission policies and procedures of the center shall be approved by the governing body in accordance with goals and purposes of the center and Kansas statutes. (b) Admission procedures and practice shall in- clude but not be limited to: (…

Program and services. (a) A written plan and daily routine shall be main- tained for all juveniles which shall include: meals, rest and sleep, personal hygiene, physical exercise, recreation, counseling, education and social services. (b) Classroom instruction shall be provided o…

Rights of juveniles. (a) The rights of juveniles while in detention or secure care shall not be diminished or denied for disci- plinary reasons. (b) Written policies and procedures shall pro- vide that juveniles are assured their rights subject only to the limitations necessary t…

Behavior management. (a) Rules. (1) Written policies shall provide for a behavior management system that assists juveniles to de- velop inner control so that they can manage their own behavior in a socially acceptable manner. Procedures and practice shall provide: (A) Expectation…

Health care policies. (a) Health services for juveniles. (1) Each center, in consultation with a physician or community health nurse, shall develop written health care policies which cover: (A) Health history checklist and review for each juvenile upon admission, as documented on…

Emergency, safety, security and control. (a) Each center shall develop a di- saster plan to provide for the safety of juveniles in emergencies. The plan shall be reviewed at least annually and updated as needed. The plan and subsequent updates, if any, shall be approved by the st…

Policies relating to animals at the center. (a) If animals or pets are kept at the center, written policies shall be developed for their care. These policies shall be approved by the Kansas department of health and environment. (b) Animals shall have current immunizations as reco…

Environmental standards. (a) General building requirements. (1) Each building shall meet the legal require- ments of the community as to building code, 102 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-4-359 zoning, fire protection, water supply and sewage disposal. Each center shall u…

Compliance with regulations. (a)Centerlicensesshallbeprominentlydisplayed. (b) A copy of these regulations shall be kept on the premises at all times. A copy of the regulations for licensing of detention centers and secure care centers for children and youth shall be available to…