Current through Register Vol. 43, No. 39, September 26, 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, sewage disposal, and
trash and recycling disposal.
(b)
Use of private water supply. If a private water system is used, the system
shall meet the requirements 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.
Commercially bottled drinking water shall be used for children in foster care
until a laboratory test confirms that the water is safe for human
consumption.
(c) Structural and
furnishing requirements. Each 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 all residents of the home and each
child in foster care. The home shall include an operating kitchen with a sink,
refrigerator, stove, and oven and at least one operable bathroom with one sink,
one flush toilet, and one tub or shower.
(2) Each interior and exterior stairway with
three or more stairs and a landing shall have a handrail.
(3) Each interior and exterior stairway and
landing shall be guarded on each side if there is a drop-of of more than 30
inches from the stairs or landing to the floor or ground.
(4) If any interior or exterior 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.
(5) When a child in foster care less than two
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. Gates used at the
top of stairways shall be securely attached. Accordion gates shall be
prohibited throughout the premises.
(6) If the family foster home is or intends
to become licensed for children in foster care less than six years of age, each
electrical outlet shall be covered or tamper-resistant.
(7) Water temperature shall be maintained to
ensure the health and safety of children in foster care.
(8) Each bathroom shall have a door that
affords privacy to the occupant and can be opened from each side without the
use of a key in case of an emergency.
(9) A working telephone shall be on the
premises and available for use at all times.
(10) Emergency telephone numbers shall be
posted in plain view for the police, fire department, ambulance, hospital, and
poison control center.
(11) 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.
(12) One working carbon
monoxide detector shall be installed according to the manufacturer's
instructions on each level of the home and adjacent to sleeping
areas.
(13) One operable fire
extinguisher shall be readily available.
(14) First aid supplies shall be readily
accessible.
(d)
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 impact the health, safety, or welfare of all
occupants of the home.
(e) 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.
(f) Firearms and
other weapons.
(1) Each licensee shall ensure
that all firearms, including air-powered guns, BB guns, pellet guns, and paint
ball guns, are stored unloaded in a locked container, closet, or cabinet and
are inaccessible to children. If the locked container, closet, or cabinet is
constructed in whole or in part of glass or acrylic material, each firearm
shall be additionally secured with a hammer lock, barrel lock, or trigger
lock.
(2) Ammunition shall be kept
in a separate locked storage container or locked compartment designed for that
purpose, and inaccessible to children.
(3) All archery equipment, hunting and
fishing knives, and other weapons shall be kept in a locked storage compartment
and inaccessible to children.
(g) Storage of household chemicals, personal
care products, tools, and sharp instruments. The following requirements shall
apply when a child in foster care is in the family foster home:
(1) All household cleaning supplies,
chemicals, and hazardous materials that have warning labels advising the
consumer to keep out of the reach of children shall be kept in locked storage
or stored out of reach of children less than six years of age.
(2) Sharp instruments shall be stored to
prevent access by children less than six years of age.
(3) Tobacco, tobacco products, nicotine-based
fluids, electronic or lighted cigarettes, vaporizers, alcohol, lighters, and
matches shall be stored out of reach of children.
(h) 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 state statutes and regulations, and local
ordinances.
(3) If a child in
foster care less than three years of age is 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.
(i) Play space. Each family foster home shall
have a space for indoor play and access to an outdoor play space.
(j) Mobile home requirements. In addition to
the other 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.
(k)
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-placement agency to assist in making a decision about the
safety of the family foster home for a child in foster care.