Current through Register Vol. 43, No. 12, March 20,
2024
(a) Caregiver
qualifications. Each caregiver shall be qualified by the temperament, emotional
maturity, judgment, and the understanding of children necessary to maintain the
health, comfort, safety, and welfare of children in foster care pursuant to
K.S.A.
65-504 and
65-508, and amendments thereto.
(b) General supervision. Each
licensee shall ensure that each child in foster care is supervised in
accordance with the child's age, maturity, risk factors, and developmental
level. Additional supervision shall be provided for any child in foster care of
any age in any of the following situations:
(1) The child has mental health issues that
place the child at higher concern for risk-taking behaviors that could result
in unintentional injury or drowning.
(2) The child would be a danger to self or
others.
(3) The child functions
below the child's chronological age level.
(4) The child is unable to engage in
self-care.
(c)
Substitute care and supervision. Each licensee shall ensure that substitute
care and supervision are provided in each of the following situations:
(1) During the absence of the licensee
between the hours of six a.m. and midnight, the following requirements shall
apply:
(A) For an absence of less than four
hours, the substitute caregiver shall be at least 14 years of age and at least
three years older than the oldest child in foster care; and
(B) for an absence of four to 10 hours, the
substitute caregiver shall be at least 16 years of age and at least three years
older than the oldest child in foster care.
(2) In the absence of the licensee for more
than 10 hours or for any period between the hours of midnight and six a.m., the
substitute caregiver shall be at least 18 years of age and at least three years
older than the oldest child in foster care.
(d) Self-care. Any child in foster care at
least 12 years of age may be permitted to stay at home without adult
supervision for certain periods of time between the hours of six a.m. and
midnight if all of the following requirements and conditions are met:
(1) The potential for self-care is identified
and written approval is included in the child's case plan.
(2) Each child in foster care's specific risk
factors, including age, maturity level, behavior disorders, suicidal
tendencies, developmental delays, thrill-seeking behavior, and difficulty with
anger control, shall be considered in developing the self-care plan.
(3) Each licensee has established a written
self-care plan for the care and supervision for each child in foster care in
the home in the absence of the licensee. The written self-care plan shall take
into consideration the number of children in the home, the behavior, emotional
stability, and maturity level of the children in the home, and any neighborhood
safety issues. The self-care plan shall be approved by the sponsoring
child-placing agency and the child's child-placing agent.
(4) Only children residing in the home may be
present during self-care.
(5) The
following minimum age and maximum time limits for self-care for each child in
foster care shall apply:
(A) Any child who is
at least 12 years of age may be in self-care for a maximum of two consecutive
hours, for no more than four hours each day.
(B) Any child who is at least 14 years of age
may be in self-care for no more than four hours each day.
(C) Any child who is at least 16 years of age
may be in self-care for no more than 10 hours each day.
