Kansas Administrative Regulations
Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
Article 47 - FOSTER CARE LICENSING
Section 30-47-819 - Health care
Universal Citation: KS Admin Regs 30-47-819
Current through Register Vol. 43, No. 39, September 26, 2024
(a) Infectious or contagious disease. Each individual residing in the family foster home shall be free from any infectious or contagious disease specified in K.A.R. 28-1-6.
(b) Health of licensees and substitute caregivers.
(1) Each licensee or substitute
caregiver shall be in a state of physical, mental, and emotional health, as
necessary to protect the health, safety, and welfare of the children in foster
care.
(2) No licensee or substitute
caregiver shall be in a state of impaired ability due to the use of alcohol or
other chemicals, including prescription and nonprescription drugs.
(3) Each individual regularly caring for a
child in foster care in the family foster home shall have a health assessment
conducted by a physician with a current license to practice in Kansas or by a
nurse with a current license to practice in Kansas who is approved to perform
health assessments. Each health assessment shall be conducted no earlier than
one year before the date of the initial application for a license, employment,
or volunteering and no later than 30 days after the date of the initial
application, employment, or volunteering. The results of each assessment shall
be recorded on a form provided by the department.
(4) Each licensee or substitute caregiver
providing care for infants shall be current on the pertussis vaccination, and
each caregiver caring for infants and children with special medical needs shall
have a current annual influenza vaccination consistent with the recommendations
of the centers for disease control and prevention. An exemption from this
requirement shall be permitted only with one of the following:
(A) A written certification from a physician
with a current license to practice in Kansas stating that the physical
condition of the individual is such that the immunization would endanger the
individual's life or health; or
(B)
a written statement from the individual that the individual is an adherent of a
religious denomination whose teachings are opposed to immunizations.
(5) If a licensee experiences a
Significant change in the licensee's physical, mental, or emotional health,
including indications of substance abuse, an assessment of the licensee's
current health status may be requested by the department or by the sponsoring
child-placement agency.
(A) The assessment or
evaluation shall be performed at the expense of the licensee and by a
practitioner who is licensed or certified in Kansas to diagnose and treat the
specific condition that is the basis for the assessment or
evaluation.
(B) Each licensee shall
ensure that at least one potential practitioner has been approved by the
department or the sponsoring child-placement agency in order to have the
assessment or evaluation accepted by the department or child-placement
agency.
(C) Each licensee shall
provide the department or sponsoring child-placing agency with an executed
release of medical information to enable the department or the child-placement
agency to obtain information directly from the
practitioner.
(c) Health of the foster family members.
(1) Each individual living in the family
foster home, other than the child in foster care, shall have a health
assessment conducted by a physician with a current license to practice in
Kansas or by a nurse with a current license to practice in Kansas who is
approved to perform health assessments. Each assessment shall be conducted
within one year before the date of application or the date of the individual
residing in the home and no later than 30 days after the date of the licensee's
initial application or the date of the individual becoming a resident of the
home. The results of the health assessment shall be recorded on forms provided
by the department.
(2) Each child
born to or adopted by the licensee living in the family foster home shall have
current immunizations. An exemption from this requirement shall be permitted
only with one of the following:
(A) A written
certification from a physician with a current license to practice in Kansas
stating that the physical condition of the child is such that the immunization
would endanger the child's life or health; or
(B) a written statement from the child's
parent or legal guardian that the child is an adherent of a religious
denomination whose teachings are opposed to immunizations.
(d) Medical and dental health of each child in foster care.
(1) Each licensee
shall ensure that emergency and ongoing medical and dental care is obtained for
each child in foster care by providing timely access to basic, emergency, and
specialized medical, mental health, and dental care and treatment services
provided by qualified practitioners.
(2) Each licensee shall ensure that, at the
time of the initial placement, each child in foster care has had a health
assessment conducted within the past year by a physician with a current license
to practice in Kansas or by a nurse with a current license to practice in
Kansas who is approved to conduct assessments.
(3) A health assessment shall be obtained
annually for each child in foster care.
(4) Each health assessment required in
paragraphs (d) (2) and (3) shall be on file at the family foster home within 30
days after the child's placement in the home.
(5) The immunizations for each child in
foster care less than 16 years of age shall be current or in process at the
time the license is issued. An exemption from this requirement shall be
permitted only with one of the following:
(A)
A written certification from a physician with a license to practice in Kansas
stating that the physical condition of the child is such that the immunization
would endanger the child's life or health; or
(B) a written statement from the child's
parent or legal guardian that the child is an adherent of a religious
denomination whose teachings are opposed to immunizations.
(6) An annual dental examination shall be
obtained for each child in foster care who is 12 months of age or older.
Follow-up care shall be provided. The child's dental record shall be recorded
on forms provided by the department and shall be kept current.
(7) The medical information record for each
child in foster care shall be kept current and shall document each illness, the
action taken by the licensee, and the date of the child's medical,
psychological, or dental care. When the child leaves the family foster home,
the licensee shall ensure that the record, including the health assessments,
dental records, medication administration record, immunization record, medical
and surgical consent forms, and emergency medical treatment authorization, is
given to the child's child-placing agent.
(e) Tuberculin testing.
(1) Each individual 16 years of age and older
living, working, or regularly volunteering in the family foster home and each
child in foster care 16 years of age and older shall be required to have a
record of a negative tuberculin test or X-ray obtained not more than two years
before the employment or initial application for a license or shall obtain the
required record no later than 30 days after the date of employment, initial
application, or becoming a resident of or volunteer in the home.
(2) Additional tuberculin testing shall be
required if Significant exposure to an active case of tuberculosis occurs or if
symptoms compatible with tuberculosis develop. Proper treatment or prophylaxis
shall be instituted, and the results of the follow-up shall be recorded on the
individual's health record. Each occurrence described within this paragraph
shall be reported to the department.
(3) The results of each tuberculin test shall
be recorded on, or attached to, the health assessment form and kept on file at
the family foster home. Each licensee shall report any positive tuberculin skin
test to the department's tuberculosis (TB) control program by the next working
day.
(4) A child in foster care
less than 16 years of age shall not be required to have tuberculin tests unless
the child has been recently exposed to tuberculosis or exhibits symptoms
compatible with tuberculosis.
(f) Smoking use limitations.
(1) To prevent exposure of a child in foster
care to secondhand smoke, each licensee shall ensure that both of the following
conditions are met:
(A) Smoking is prohibited
inside the family foster home when a child in foster care is in placement,
whether the child is physically present on the premises or not.
(B) Smoking by any member of the foster
family or guest of the foster family is prohibited outside the family foster
home in the presence of a child in foster care.
(2) Each licensee shall prohibit smoking and
the use of any other tobacco product by a child in foster care less than 21
years of age.
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.
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