Kansas Administrative Regulations
Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
Article 47 - FOSTER CARE LICENSING
Section 30-47-815 - Behavior management practices; prohibited punishment; physical restraint; notification requirements
Universal Citation: KS Admin Regs 30-47-815
Current through Register Vol. 43, No. 39, September 26, 2024
(a) Behavior management practices.
(1) Each
licensee shall ensure that positive methods are used for behavior management
that are appropriate to the age- or developmental level of the child in foster
care and encourage cooperation, self-direction, and independence.
(2) Each licensee shall use methods of
behavior management that are designed to help each child in foster care develop
inner controls and manage the child's own behavior in a socially acceptable
manner.
(3) If time-out is used to
manage behavior, the child in foster care shall remain in time-out in
accordance with the child's age- or developmental level and only long enough to
regain self-control.
(4) For each
child in foster care who is not able to develop self-control or
self-management, behavior management techniques shall be approved, in writing,
by the case planning team.
(b) Prohibited punishment.
(1) No individual shall use any of the
following means or methods of punishment of a child in foster care:
(A) Punishment that is humiliating,
frightening, or physically harmful to the child;
(B) corporal punishment, including hitting
with the hand or any object, yanking arms or pulling hair, excessive exercise,
exposure to extreme temperatures, or any other measure that produces physical
pain or threatens the child's health or safety;
(C) restricting movement by tying or
binding;
(D) confining a child in a
closet, box, or locked area;
(E)
forcing or withholding food, rest, or toilet use;
(F) refusing a child access to the family
foster home;
(G) mental and
emotional cruelty, including verbal abuse, derogatory remarks about a child in
foster care or the child's family, statements intended to shame, threaten,
humiliate, or frighten the child, or threats to expel a child from the family
foster home; and
(H) placing soap,
or any other substance that stings, burns, or has a biter taste in the child's
mouth, or on the tongue, or any other part of the child's body.
(2) Each licensee shall be
prohibited from giving medications, herbal or folk remedies, and drugs to
control or manage behavior, except as prescribed by the licensed physician or
licensed nurse practitioner of the child in foster care.
(3) No child in foster care shall be forced
to participate in publicity or promotional activities.
(4) Each licensee shall be prohibited from
publicly identifying any child in foster care to the embarrassment of the
child.
(5) No child in foster care
shall be forced to acknowledge dependency on the family foster home or to
express gratitude to the licensee.
(6) Each licensee shall be prohibited from
using physical restraint to manage behavior unless all of the requirements of
subsection (c) are met.
(c) Physical restraint.
(1) Each licensee shall ensure that before
using physical restraint, other de-escalation methods are used. If other
de-escalation methods fail and the behavior of the child in foster care is a
danger to self or others or directly affects an individual's health, safety,
and welfare, a physical restraint may be used in accordance with the approved
restraint program.
(2) No bonds,
ties, or straps shall be used to restrict movement. The child in foster care
shall be held only until one of the following conditions is met:
(A) The child regains behavioral
control.
(B) The child is no longer
a threat to self or others.
(C) The
restraint has lasted 20 minutes with no improvement in the child's
behavior.
(3) Each
licensee using physical restraint in any situation other than an emergency
shall have a current certificate on file documenting the training in
de-escalation methods and physical restraint procedures and techniques
specified in 30-47-806.
(4) The
licensee shall have on file a case plan, permanency plan, or person-centered
plan authorizing the use of physical restraint for each child in foster care
whose behavior cannot be managed by other less intrusive methods and whose
behavior requires the use of ongoing physical restraint on a recurring basis
for the child's protection or the protection of others.
(d) notification requirements. Each caregiver shall inform the child's child-placing agent and the sponsoring child-placement agency each time physical restraint is used.
(1) The licensee shall document each use of
physical restraint on a form that contains the following:
(A) The child's name and birth
date;
(B) the date and the start
and end times of the physical restraint;
(C) a description of the other de-escalation
methods attempted before the use of physical restraint;
(D) a description of the child's behaviors
and condition and the incidents that led to the use of physical
restraint;
(E) a description of the
child's behavior during and following the physical restraint;
(F) a description of any follow-up actions
taken;
(G) the name of the
individual who used physical restraint on the child; and
(H) the name of the licensee completing the
report and the date completed.
(2) Each licensee shall file the report with
the child's child-placing agent and the sponsoring child-placement agency no
later than the next working day following the use of physical restraint. The
use of physical restraint as an emergency intervention shall be reported to the
sponsoring child-placement agency at the conclusion of the intervention when
the child is no longer a danger to self or others.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
