Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 4 - MATERNAL AND CHILD HEALTH
Section 28-4-333 - Administration
Universal Citation: KS Admin Regs 28-4-333
Current through Register Vol. 43, No. 12, March 20, 2024
(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
administrator for the secure residential treatment facility; or
(B) a private entity with a governing board
that is legally responsible for the operation, policies, finances, and general
management of the secure residential treatment facility. The private entity
shall employ an administrator for the secure residential treatment facility.
The administrator shall not be a voting member of the governing board.
(2) If the licensee is
a private corporation, it shall be a corporation qualified in the state of
Kansas and shall operate in accordance with established by-laws. The licensee
shall furnish a copy of the articles of incorporation and by-laws to the
department before a license is issued. One of these documents shall include a
nondiscrimination statement that complies with state and federal civil rights
laws.
(b) Administrative policies.
(1) A copy of these
regulations for secure residential treatment facilities for youth shall be kept
on the premises at all times and shall be made available to all staff members.
(2) Each licensee shall develop
and implement a quality assurance program to ensure consistent compliance with
these regulations. The quality assurance program shall provide for review of
the facility's policies, procedures and practices, including their consistency
with licensure requirements.
(3)
Each licensee shall establish written plans and policies of organization and
administration clearly defining legal responsibility, administrative authority,
and responsibility for comprehensive services, including an organizational
chart approved by the licensee.
(4) Personnel and administrative policies
shall be distributed to staff members.
(c) Finances.
(1) Funding.
(A) Each secure residential treatment
facility shall have sound and sufficient finances to ensure effective services.
The licensee shall be responsible for financing plans. The licensee shall
provide the financial resources necessary to maintain compliance with the
regulations.
(B) If the licensee
is a charitable organization, all solicitation of funds conducted in Kansas
shall be in compliance with
K.S.A.
17-1759 et seq., and amendments thereto.
(C) Youth shall not be used in any
fund-raising efforts.
(2) Financial records.
(A) Each secure residential treatment
facility shall maintain financial records that are sufficient to verify
resources and expenditures. Each secure residential treatment facility shall
account for major expenditures on behalf of the youth for whom payment is
received.
(B) Each youth's
personal money shall be kept separate from the facility funds. Each secure
residential treatment facility shall maintain financial records of each youth's
personal money.
(C) A yearly audit
by an independent accountant shall be conducted, and a copy of the audit shall
be available at the secure residential treatment facility for review by the
staff of the Kansas department of social and rehabilitation services, the
juvenile justice authority, and the department.
(D) Each secure residential treatment
facility shall have an annual financial statement verifying assets and
liabilities. The licensee shall make the annual financial statement available
to the Kansas department of social and rehabilitation services, the juvenile
justice authority, and the department.
(3) Insurance.
(A) Each secure residential treatment
facility shall maintain the following insurance:
(i) Professional and civil liability
insurance for all employees; and
(ii) liability insurance for injury or
personal property damage.
(B) Each licensee shall purchase one or more
motor vehicle liability insurance policies covering each vehicle owned or
operated by the facility. Each policy shall contain the following limits of
liability, exclusive of interest and costs:
(i) Not less than $100,000 for personal
injury or death in any one accident;
(ii) not less than $300,000 for personal
injury to, or the death of, two or more persons in any one accident; and
(iii) not less than $50,000 for
harm to, or destruction of, property of others in any one accident.
(d) Personnel policies.
(1) Each secure
residential treatment facility shall have written personnel policies, which
shall be approved and reviewed annually by the governing body. The personnel
policies shall be provided to each staff member upon employment. The personnel
policies shall include the following:
(A)
Hiring practices;
(B) job
descriptions, including qualifications, duties, and responsibilities for each
staff position;
(C) policies
regarding hours of work;
(D) sick
and vacation leave policies;
(E)
grievance procedures; and
(F) a
description of salaries, benefits, and staff development practices.
(2) A personnel record shall be
maintained for each employee and shall be made available to the employee upon
written request.
(e) Staffing.
(1) The governing body of each
secure residential treatment facility shall designate an administrator whose
responsibility is the overall administration of the facility.
(2) A written daily staff schedule shall be
developed and followed. The staff schedule shall meet all of the following
requirements:
(A) The schedule shall provide
for adequate staff on the living unit to directly supervise and interact with
the youth at all times, to implement each youth's individual plan for care, and
to provide for each youth's physical, social, emotional, and educational needs.
(B) The schedule shall provide for
a minimum ratio of one youth care staff member on active duty to seven youth
during waking hours and one youth care staff member on active duty to 10 youth
during sleeping hours.
(C) At
least one youth care staff member of the same sex as the youth shall be
present, awake, and available to the youth at all times. If both male and
female youth are present in the secure residential treatment facility, at least
one male and one female youth care staff member shall be present, awake, and
available.
(3) At no
time shall there be fewer than two youth care staff members present on the
living unit when one or more youth are in care.
(4) Youth shall not be left in a room
unattended except that, during sleeping hours, the minimum ratio of youth care
staff shall be immediately available in a connecting area to the sleeping
rooms. Supervision of youth in involuntary seclusion shall comply with K.A.R.
28-4-338(c).
(5) Alternate
qualified youth care staff members shall be provided for the relief of the
regular staff members on a one-to-one basis and in compliance with the staffing
pattern required in paragraph (e)(2) of this regulation.
(6) Electronic supervision shall not replace
the youth care staffing requirements.
(7) Auxiliary staff members shall be
available as needed. The auxiliary staff shall include food service, clerical,
and maintenance personnel. Auxiliary staff members shall not be included in
meeting the minimum ratio of youth care staff to youth.
(8) Professional consultant services shall be
available, to the extent necessary, to meet the needs of the youth served.
Professional consultants shall include physicians, dentists, nurses, clergy,
social workers, psychologists, psychiatrists, teachers, and dieticians.
(9) A volunteer shall not be used
as a substitute for a youth care staff member, but shall augment the services
provided by the staff.
(10) A
staff person designated to be in charge of the secure residential treatment
facility shall be on-site at all times when a youth is in care. Procedures
shall be in place to ensure that all staff members know who is in charge.
(f) Community and volunteer involvement.
(1) Each secure
residential treatment facility shall establish written policies and procedures
that provide for securing community and volunteer involvement in facility
programs. The policies and procedures shall specify a screening and selection
process for volunteers and shall encourage recruitment from all cultural and
socioeconomic segments of the community.
(2) Written policies and procedures for
volunteers shall include the following:
(A) A
description of the lines and scope of authority, responsibility, and
accountability for volunteers;
(B)
orientation and training requirements for each volunteer; and
(C) a requirement that each volunteer who
provides professional services must meet the same requirements as would be
expected of a paid professional staff member providing the same services.
(3) Each volunteer
shall agree, in writing, to abide by all secure residential treatment facility
policies, specifically including those relating to security, confidentiality of
information, and mandatory reporting laws pertaining to suspected abuse,
neglect, and exploitation of youth.
(4) Each volunteer in contact with youth
shall have a health assessment, including a screen for tuberculosis.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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