Current through Register
Vol. 43, No. 12, March 20, 2024
Each licensee shall ensure that all of the requirements in this
regulation are met.
(a) Local
requirements. Each family foster home shall meet the legal requirements of the
community as to zoning, fire protection, water supply, and sewage
disposal.
(b) Sewage disposal. If a
private sewage disposal system is used, the system shall meet the requirements
specified in K.A.R. 28-4-55 .
(c)
Use of private water supply. If a private water system is used, the system
shall meet the requirements specified in K.A.R. 28-4-50 . The water supply
shall be safe for human consumption. Testing of the water supply shall be
completed at the time of initial licensing and annually thereafter to document
the nitrate and bacteria levels. Additional testing may be required if there is
a change in environmental conditions that could affect the integrity of the
water supply. If children less than 12 months of age receive care in a family
foster home that uses private well water, then commercially bottled drinking
water shall be used for these children until a laboratory test confirms that
the nitrate content is not more than 10 milligrams per liter (10 mg/l) as
nitrogen.
(d) Family foster home
structural and furnishing requirements. The family foster home shall be
constructed, arranged, and maintained to provide for the health, safety, and
welfare of all occupants and shall meet the following requirements:
(1) The home shall contain sufficient
furnishings and equipment to accommodate both the foster family and each child
in foster care.
(2) The floors
shall be covered, painted, or sealed in all living areas of the home, kept
clean, and maintained in good repair.
(3) The interior finish of all ceilings,
stairs, and hallways shall meet generally accepted standards of building,
including safety requirements.
(4)
Each closet door shall be designed to be opened from the inside and shall be
readily opened by a child.
(5) Each
stairway with two or more stairs and a landing shall have a handrail and be
guarded on each side if there is a drop-off of more than 21 inches from the
stairs or landing to the floor or ground.
(6) If any stairway is guarded by balusters
and the family foster home is or is intended to be licensed for children in
foster care less than six years of age, the space between balusters shall not
exceed four inches, except as specified in this paragraph. If the space between
balusters exceeds four inches, the licensee shall make provisions necessary to
prevent a child's head from becoming entrapped in the balusters or a child's
body from falling through the balusters or becoming entrapped in
them.
(7) When a child in foster
care less than three years of age is present, each stairway with two or more
stairs and a landing shall be gated to prevent unsupervised access by the
child. Each gate shall have a latching device that an adult can open readily in
an emergency. Accordion gates shall be prohibited throughout the premises, and
pressure gates shall be prohibited for use at the top of any
stairway.
(8) If the family foster
home is or is intended to be licensed for children in foster care less than six
years of age, each electrical outlet shall be covered.
(9) At least one bathroom in the family
foster home shall have at least one sink, one flush toilet, and one tub or
shower. All fixtures shall be working at all times.
(10) Each bathroom shall have a solid door
that affords privacy to the occupant and that can be opened from each side
without the use of a key in case of an emergency.
(11) A working telephone shall be on the
premises and available for use at all times. Emergency telephone numbers shall
be readily accessible or be posted next to the telephone for the police, fire
department, ambulance, hospital or hospitals, and poison control center. The
name, address, and telephone number of the primary care physician used for each
child in foster care shall be posted next to the telephone or readily
accessible in case of an emergency.
(12) A working smoke detector shall be
centrally installed on each level of the home and in each room used for
sleeping by a child in foster care and by the licensee.
(13) One working carbon monoxide detector
shall be installed according to the manufacturer's instructions in an area
adjacent to each room used for sleeping by a child in foster care and by the
licensee.
(e)
Cleanliness. The interior of the family foster home shall be free from
accumulation of visible dirt, any evidence of vermin infestation, and any
objects or materials that could cause injury to children in foster
care.
(f) Lighting and ventilation.
(1) All rooms used for living space shall be
lighted, vented, heated, and plumbed pursuant to
K.S.A.
65-508, and amendments thereto.
(2) Each window and door used for ventilation
shall be screened to minimize the entry of insects.
(3) The family foster home shall have
lighting of at least 10 foot-candles in all parts of each room, within each
living area of the home. There shall be lighting of at least 30 foot-candles in
each area used for reading, study, or other close work.
(g) Firearms and other weapons.
(1) No child in the home shall have
unsupervised access to any of the following:
(A) Firearms, ammunition, and other
weapons;
(B) air-powered guns,
including BB guns, pellet guns, and paint ball guns;
(C) hunting and fishing knives; and
(D) any archery and martial arts
equipment.
(2) All
firearms, including air-powered guns, BB guns, pellet guns, and paint ball
guns, shall be stored unloaded in a locked container, closet, or cabinet. If
the locked container, closet, or cabinet is constructed in whole or in part of
glass or plexiglass, each firearm shall be additionally secured with a hammer
lock, barrel lock, or trigger guard.
(3) Ammunition shall be kept in a separate
locked storage container or locked compartment designed for that
purpose.
(4) All archery equipment,
hunting and fishing knives, and other weapons shall be kept in a locked storage
compartment.
(5) Each key to a
locked storage container, closet, or compartment of guns, ammunition, and other
weapons, and to gun locks shall be in the control of a licensee at all
times.
(h) Storage of
household chemicals, personal care products, tools, and sharp instruments. The
following requirements shall apply when a child in foster care is in placement
in the family foster home:
(1) All household
cleaning supplies and all personal care products that have warning labels
advising the consumer to keep those supplies and products out of reach of
children or that contain alcohol shall be kept in locked storage or stored out
of reach of children less than six years of age.
(2) All chemicals and household supplies with
warning labels advising the consumer to keep those chemicals and supplies out
of reach of children shall be kept in locked storage or stored out of reach of
children less than 10 years of age.
(3) Sharp instruments shall be stored in
drawers equipped with childproof devices to prevent access by children or
stored out of reach of children less than six years of age.
(4) Tobacco, tobacco products, cigarette
lighters, and matches shall be inaccessible to individuals less than 18 years
of age.
(5) Tools shall be
inaccessible to each child in foster care when the tools are not in use and
shall be used by a child in foster care only with supervision by an individual
18 years of age and older.
(i) Heating appliances.
(1) Each heating appliance using combustible
fuel, including a wood-burning stove or a fireplace, shall be vented to the
outside.
(2) Each fireplace and
each freestanding heating appliance using combustible fuel, including a
wood-burning stove, shall stand on a noncombustible material according to the
manufacturer's specifications, Kansas statutes and regulations, and local
ordinances.
(3) Each heating
appliance designed by the manufacturer to be unvented shall be used according
to the manufacturer's specifications, Kansas statutes and regulations, and
local ordinances.
(4) If a child in
foster care less than three years of age is in placement in the family foster
home, a protective barrier shall be provided for each fireplace and each
freestanding heating appliance as necessary to protect from burns.
(5) If a propane heater is used, the heater
shall be installed in accordance with the manufacturer's recommendations,
Kansas statutes and regulations, and local ordinances.
(6) Each flue or chimney of any heating
appliance that uses combustible fuel shall be checked annually and cleaned as
recommended by a qualified chimney sweep.
(j) Clothes dryers. Each clothes dryer shall
be vented to the outside or to a venting device installed and used according to
the manufacturer's specifications, Kansas statutes and regulations, and local
ordinances.
(k) Play space. Each
family foster home shall have a space for indoor play and access to an outdoor
play space.
(l) Mobile home
requirements. In addition to requirements specified in this regulation, if the
family foster home is a mobile home, both of the following requirements shall
be met:
(1) The mobile home shall have two
exits that are located at least 20 feet apart, with one exit within 35 feet of
each bedroom door.
(2) Each mobile
home shall be skirted with latticed or solid skirting and securely anchored by
cable to the ground.
(m)
Special inspections. A special inspection of the family foster home by a fire,
health, sanitation, or safety official may be required by the secretary or the
sponsoring child-placing agency to assist in making a decision about the safety
of the home for a child in foster care.