Kansas Administrative Regulations
Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
Article 46 - CHILD ABUSE AND NEGLECT
Section 30-46-12 - Standards for determining abuse, neglect or sexual abuse in a child care facility or institution
Universal Citation: KS Admin Regs 30-46-12
Current through Register Vol. 43, No. 39, September 26, 2024
(a) An incident may involve abuse, neglect or sexual abuse, as defined in K.A.R. 30-46-10, if, without investigation, it is more likely than not that:
(1) A child has suffered an unexplained or
non-accidental injury due to an act or omission of an employee or volunteer in
the facility or institution;
(2)
an employee or volunteer has had sexual contact with a child;
(3) an employee or volunteer demonstrates a
pattern of interaction which impairs the child's social, emotional or
intellectual functioning to an observable and material degree;
(4) an employee or volunteer has failed to
make a reasonable effort to prevent a child or other person from causing harm
or the substantial risk of harm;
(5) an employee or volunteer has failed to
make a reasonable effort to remove a child from or supervise a child in a
situation that requires judgment or actions beyond the child's level of
maturity, physical condition or mental ability and that results in harm or
substantial risk of harm to the child;
(6) an employee or volunteer has failed to
obtain or follow through with prescribed medical care for a child and such
failure resulted in death, disfigurement, serious physical or emotional injury
or substantial risk of same to the child; or
(7) an employee or volunteer has failed to
provide a child with food, shelter or clothing necessary to sustain the life or
health of the child.
(b) An incident does not necessarily involve abuse, neglect or sexual abuse, as defined in K.A.R. 30-46-10, if, without investigation, it is more likely than not that:
(1) Harm to a child resulted from an accident
and was not due to wanton disregard for the welfare of the child;
(2) care provided to a child failed to meet
minimum regulatory standards but did not result in harm or substantial risk of
harm;
(3) the inappropriate use of
language by an employee or volunteer did not result in emotional harm to the
child;
(4) the use of
inappropriate disciplinary action contrary to agency policy by an employee or
volunteer has not resulted in harm or substantial risk of harm;
(5) any harm to a child resulted from the
appropriate use of restraint practices approved by SRS or the department of
health and environment;
(6) a
child was denied privileges;
(7)
harm to a child resulted from conflict with another child; or
(8) the child eloped from a facility or
institution.
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