Current through Register Vol. 43, No. 39, September 26, 2024
Each licensee shall ensure that all of the following
requirements are met:
(a) If a vehicle
used for transportation of a child in foster care is owned or leased by a
foster family member or is driven by a child in foster care, the following
requirements shall be met:
(1) Trailers pulled
by another vehicle, camper shells, and truck beds shall not be used for the
transportation of children in foster care.
(2) The transporting vehicle shall be
maintained in a safe operating condition.
(3) The transporting vehicle shall be covered
by accident and liability insurance as required by the state of
Kansas.
(b) The driver of
any vehicle used to transport a child in foster care shall have a valid
driver's license and meet the requirements of the Kansas motor vehicle drivers'
license act,
K.S.A.
8-234a et seq. and amendments thereto. Each
licensee shall apply the reasonable and prudent parent standards when
determining who may transport a child in foster care.
(c) The use of seat belts and child safety
seats shall include the following:
(1) Each
individual shall be secured by the use of a seat belt or a child safety seat
when the vehicle is in motion.
(2)
No more than one individual shall be secured in any seat belt or child safety
seat.
(3) Each seat belt shall be
properly anchored to the vehicle.
(4) When a child safety seat, including a
booster seat, is required, the seat shall meet the following requirements:
(A) Have current federal approval;
(B) be installed according to the
manufacturer's instructions and vehicle owner's manual;
(C) be appropriate to the height, weight, and
physical condition of the child, according to the manufacturer's instructions
and meet the requirements of
K.S.A.
8-1344 and amendments thereto;
(D) be maintained in a safe operating
condition at all times;
(E) have a
label with the date of manufacture and the model number, for use in case of a
product recall; and
(F) have no
missing parts or cracks in the frame and have not been in a crash.
(d) The health and
safety of the children riding in the vehicle shall be protected as follows:
(1) Order shall be maintained at all times.
The driver shall be responsible for ensuring that the vehicle is not in motion
if the behavior of the occupants prevents safe operation of the
vehicle.
(2) Children less than 10
years of age shall not be left in a vehicle unattended by an adult. When the
vehicle is vacated, the driver shall make certain that no child is left in the
vehicle.
(3) Smoking in the vehicle
shall be prohibited when a child in foster care is in placement in a family
foster home, whether or not the child in foster care is physically present in
the vehicle.
(e) Before a
child in foster care is allowed to drive, all of the following requirements
shall be met:
(1) The licensee, child-placing
agent, or sponsoring child-placement agency shall obtain permission from the
parent or legal guardian.
(2) The
privilege of driving shall be included in the child's case plan.
(3) The child shall possess a valid driver's
license and shall meet the requirements of the Kansas motor vehicle drivers'
license act,
K.S.A.
8-234a et seq. and amendments
thereto.
(f) Any child in
foster care who is a parent and who meets the requirements of subsections (a)
through (e) may transport any child of that parent.