Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 4 - MATERNAL AND CHILD HEALTH
Section 28-4-353 - Administration
Universal Citation: KS Admin Regs 28-4-353
Current through Register Vol. 43, No. 12, March 20, 2024
(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 voting member of the
governing board.
(2) If
the sponsor is a private corporation, it shall be a corporation qualified in
the state of Kansas, and shall operate in accordance with an established
constitution and by-laws. A copy of the articles of incorporation and by-laws
shall be furnished to the Kansas department of health and environment. It shall
include a nondiscrimination statement which complies with state and federal
civil rights laws.
(b) Administrative policies.
(1) Each center
shall have written plans and policies of organization and administration
clearly defining legal responsibility, administrative authority and
responsibility for comprehensive services, including an organizational chart as
approved by the governing body. Changes in policies shall be submitted to the
Kansas department of health and environment for licensing approval.
(2) Center personnel and administrative
policies shall be distributed to staff members.
(c) Finances.
(1) Funding.
(A) Each center shall have sound and
sufficient finances to ensure effective services. Financing plans shall be a
responsibility of the governing body. It shall be the responsibility of the
licensee to provide the financial resources necessary to maintain compliance
with licensing regulations.
(B)
Solicitation of funds by charitable organizations shall be made in Kansas in
compliance with
K.S.A.
17-1759 et seq.
(C) Juveniles shall not be exploited in any
fund-raising efforts.
(2) Financial records.
(A) Each center shall maintain financial
records sufficient to verify resources and expenditures. Each center shall
account for major expenditures on behalf of the juveniles for whom payment is
received.
(B) Each juvenile's
personal money shall be kept separate from the center funds in an individual
account, in accordance with accepted accounting procedures.
(C) A yearly audit by an independent
accountant shall be conducted, and a copy of the audit shall be available at
the center for review by the staff of the Kansas department of social and
rehabilitation services and the Kansas department of health and environment.
(D) The licensee shall make
available to the Kansas department of social and rehabilitation services and
the Kansas department of health and environment an annual financial statement
verifying assets and liabilities.
(3) Insurance.
(A) Each center shall maintain at a minimum
the following insurance:
(i) Professional and
civil liability for employees; and
(ii) Liability for injury or personal
property damage.
(B)
Public agencies and private entities shall purchase motor vehicle liability
insurance policies containing limits of liability with respect to each vehicle,
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 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 center shall have written personnel
policies, approved and reviewed annually by the governing body. Written
personnel policies shall be provided to each staff member upon employment. The
policies shall include:
(A) hiring practices;
(B) job descriptions, including
qualifications, duties and responsibilities for each staff position;
(C) hours;
(D) sick and vacation leave;
(E) grievance procedures;
(F) salaries, benefits and staff development.
(2) A personnel record
shall be maintained for each employee and made available to the employee upon
written request.
(e) Staffing.
(1) The governing body of the
center shall designate a director whose responsibility is the overall
administration of the center.
(2)
A written daily staff schedule shall be developed and followed. There shall be:
(A) Adequate male and female staff to
directly supervise and interact with the juveniles at all times and provide for
their physical, social, emotional and educational needs;
(B) one youth care staff member on active
duty for each seven juveniles during waking hours and one youth care staff
member on active duty for each 11 juveniles during sleeping hours;
(C) at least one male and one female youth
care staff member present, awake and available to the juveniles at all times.
(3) At no time shall
there be less than two youth care staff members on active duty when a juvenile
is in care.
(4) At no time shall
any one youth care staff member directly supervise more than 11 juveniles.
Juveniles shall not be left in a room unattended except that, during sleeping
hours, there shall be a minimum of one youth care staff member immediately
available to every 11 juveniles in a connecting area to the sleeping rooms.
Supervision of juveniles in locked isolation shall comply with K.A.R. 28-4-355b
(c)(4)(J) and (K).
(5) Alternate
youth care staff members shall be provided for the relief of the regular staff
members on a one-to-one basis in compliance with the staffing pattern required
in K.A.R. 28-4-353(e)(4).
(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 youth care staff requirements.
(8) Professional consultant services shall be
available as required to meet the needs of the juveniles served. Professional
consultants shall include physicians, dentists, nurses, clergy, social workers,
psychologists, psychiatrists and teachers.
(9) A volunteer shall not be used as a
substitute for an essential program or operating staff member but shall augment
the services provided by the staff.
(10) There shall be a designated staff person
on site and in charge of the facility at all times when a juvenile 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) Written
policies and procedures shall provide for securing community and volunteer
involvement in programs. The policies and procedures shall specify a screening
and selection process and shall encourage recruitment from all cultural and
socio-economic segments of the community.
(2) Written policies and procedures shall
govern the volunteer program, specifying the lines and scope of authority,
responsibility and accountability. The policies and procedures shall include:
(A) Screening, selection and termination;
(B) orientation and training
requirements for each respective volunteer assignment;
(C) a requirement that each volunteer who
provides professional services shall meet the same requirements as would be
expected of a paid professional staff member providing those services;
(D) supervision;
(E) identification of the volunteer while in
the facility; and
(F) provision
for a background check as required by K.A.R. 28-4-351(g).
(3) Each volunteer shall agree in writing to
abide by all center policies, particularly those relating to security,
confidentiality of information and mandatory reporting laws pertaining to
suspected abuse, neglect and exploitation of juveniles.
(4) Each volunteer who will have contact with
juveniles shall have a health assessment, including a screen for tuberculosis.
(5) Written policies and
procedures shall provide that the director may curtail, postpone or discontinue
the services of a volunteer or volunteer organization when there are
substantial reasons for so doing.
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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