(a) ``Academic credit hour'' means credit earned for coursework through an accredited postsecondary educational institution.
(b) ``Administrative order'' means an order that is issued by the secretary as specified in K.S.A. 65-501 et seq., and amendments thereto, and that is subject to the Kansas administrative procedures act.
(c) ``Administrator'' means the staff member who is responsible for the general and fiscal management of the program.
(d) ``Adult responsible for a child or youth'' means any of the following adults who is other than the child's or youth's legal parent and who is responsible for the care and upbringing of the child or youth:
(e) ``Animal'' means any living creature, other than a human being, that has the ability to move voluntarily and shall include mammals, rodents, fish, reptiles, insects, spiders, and birds.
(f) ``Annual renewal date'' means the date assigned to each licensee for the submission of the documents required to renew the license and payment of the annual license fee.
(g) ``Applicant'' means any person who has submitted an initial application for a license to operate a school-age program but has not received a temporary permit or license.
(h) ``Available space for activities'' means the indoor and outdoor space on the premises that is used by children and youth during the hours of operation in carrying out the program of activities. The following shall not be counted as available space for activities:
(6) teacher or employee lounges and workrooms; and
(7) any other space not used by the children or youth for activities.
(i) ``Basement'' means an area with a floor level more than 30 inches below ground level on all four sides.
(j) ``Building'' means a structure used for shelter that has a roof and is enclosed by walls on all sides.
(k) ``Child or youth with special needs'' means a child or youth who requires specialized programs, services, interventions, or technologies while attending the program, due to any of the following conditions:
(1) A developmental disability;
(4) an emotional or behavioral difficulty;
(5) sensory or motor impairment; or
(l) ``Day reporting program'' means a program that provides specialized services designed to enable juvenile offenders 10 years of age and older to remain offense-free while living in the community.
(m) ``Department'' means the Kansas department of health and environment.
(n) ``Drop-in program'' means a school-age program in which the operator permits children and youth to arrive at and depart from the program at their own volition and at unscheduled times.
(o) ``Group'' means a limited number of children or youth assigned to a staff member or team of staff members.
(p) ``High-risk sport or recreational activity'' means a sport or recreational activity that poses a significant risk of injury to the participant. Safe participation in the activity shall require specialized instruction and may require protective safety gear.
(q) ``Individualized program plan'' and ``IPP'' mean a written, goal-oriented plan of specialized services for each child or youth with special needs or for each juvenile offender attending a day reporting program. Each operator shall ensure that the IPP assigns responsibility for the delivery of the specialized services.
(r) ``Job-related experience'' means experience approved by the secretary that includes teaching, working, and volunteering with school-age children and youth.
(s) ``Kindergarten-age child'' means a child who is attending kindergarten or who has completed kindergarten and has not entered first grade.
(t) ``License'' means the document issued by the secretary that authorizes a person to operate a school-age program.
(u) ``License capacity'' means the maximum number of children or youth, or both, authorized by the temporary permit or license to attend the program at any one time.
(v) ``Meal'' means breakfast, lunch, or dinner.
(w) ``Mobile summer program'' means a program that operates only during the summer months. Children and youth meet at a designated pick-up and drop-off site, and are transported daily to locations off the premises for program activities.
(x) ``National organization'' means an organization that an operator of a school-age program is affiliated with and that sets national standards for the operation of school-age programs.
(y) ``Notice of survey findings'' means a written record documenting the results of an inspection or investigation conducted by the secretary's designee to determine compliance with applicable statutes and regulations.
(z) ``Operator'' means a person who holds a temporary permit or license to conduct a school-age program.
(aa) ``Outdoor summer camp'' means a program that operates only during the summer months and is conducted at an outdoor location for the duration of the program.
(bb) ``Premises'' means the location, including the building or buildings and adjoining grounds, for which the operator has a temporary permit or license to conduct a school-age program.
(cc) ``Professional development training'' means training approved by the secretary that is related to working with school-age children and youth.
(dd) ``Program director'' means the staff member who is approved by the secretary as meeting the qualifications specified in K.A.R. 28-4-587 and who is responsible for implementing and supervising the program of activities.
(ee) ``Program director designee'' means the staff member whom the operator designates to conduct the program in the temporary absence of the program director for a period not to exceed two consecutive weeks, or at the beginning and end of any day that exceeds eight hours.
(ff) ``Program of activities'' means a comprehensive and coordinated plan of activities that meets the following criteria:
(1) Promotes cognitive, emotional, social, and physical development;
(2) supports the well-being of each child or youth; and
(3) protects the safety of each child and youth in attendance.
(gg) ``Public recreation center'' means any building used by a political or taxing subdivision of this state, or by an agency of a state subdivision, for recreation programs that serve children and youth.
(hh) ``Regularly volunteering'' means working in a program on a recurring basis and without compensation. This term shall not apply to guest speakers and to persons who make one or more presentations on a specific subject.
(ii) ``School-age child'' and ``child'' mean an individual who is of kindergarten age through the academic year in which the child is in the sixth grade and who is attending the program. Each school-age child shall be included in the license capacity.
(jj) ``School-age program'' and ``program'' mean a child care facility that serves exclusively school-age children and youth.
(kk) ``School-age youth'' and ``youth'' mean an individual who meets the following conditions:
(1) Has completed sixth grade or is 12 years of age or older;
(2) is less than 18 years of age;
(3) is attending the program; and
(4) is not a volunteer or employee.
Each school-age youth shall be included in the license capacity.
(ll) ``Secretary'' means the secretary of the Kansas department of health and environment.
(mm) ``Secretary's designee'' means the person designated by the secretary to assess compliance with program regulations.
(nn) ``Snack'' means supplemental food served between meals.
(oo) ``Specialized services'' means additional services provided by the program to meet the special needs identified in the IPP for a specific child or youth.
(pp) ``Staff member'' means both of the following:
(1) All personnel, including employees', substitutes, and volunteers, who provide administrative or direct services to children and youth; and
(2) auxiliary personnel, including cooks, drivers, office workers, and housekeeping staff, who provide indirect services.
(qq) ``Supervisory ratio'' means the ratio consisting of the number of staff members required to provide direct services and supervision to a specified number of children or youth.
(rr) ``Temporary permit'' means the document pursuant to K.S.A. 65-504, and amendments thereto, that authorizes a person to operate a school-age program before receiving a license as required by K.S.A. 65-501, and amendments thereto.
(ss) ``Time-out area'' means a designated, supervised space in the activity area that is used to separate a child or youth from the group for a limited period of time, to allow the child or youth to regain self-control.
(tt) ``Use zone'' means the surface under and around a piece of equipment onto which a child or youth falling from or exiting the equipment would be expected to land.
(Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(A) The license capacity of each building-based program shall be determined by the combined indoor and outdoor available space for activities. For each child or youth counted in the license capacity, each operator shall provide 35 square feet of indoor available space for activities. If outdoor space is used, the license capacity may be increased by one child or youth for each 75 square feet of outdoor available space for activities, with the total license capacity not to exceed 175% of the license capacity based on the indoor space.
(B) If the operator of a building-based program is affiliated with a national organization as specified in K.A.R. 28-4-576, the license capacity shall be based on either of the following:
(i) The number of children and youth calculated according to paragraph (a)(1)(A) of this regulation; or
(ii) the number of children and youth specified in the national standards of that organization if the standards have been deemed substantially equivalent by the secretary.
(2) Outdoor summer camps. The license capacity of each outdoor summer camp shall be determined by the available space for activities. For each child or youth counted in the license capacity, the operator shall provide 75 square feet of available space for activities.
(3) Mobile summer programs. The license capacity of each mobile summer program shall be determined by the available space for activities at the drop-off and pick-up site. Each operator shall provide 20 square feet of available space for activities at the site for each child and youth.
(b) Posting temporary permit or license. Each operator shall post each temporary permit or license in a conspicuous place on the premises that is visible to parents.
(c) License capacity not to be exceeded. Each operator shall limit the number of children and youth attending the program at any one time within the license capacity specified on the license.
(d) Provisions for issuing license. No license shall be issued by the secretary until all the applicable provisions of the following have been met:
(1) K.S.A. 65-501 through K.S.A. 65-516, and amendments thereto;
(2) K.S.A. 65-523 through K.S.A. 65-529, and amendments thereto;
(3) K.S.A. 65-531, and amendments thereto; and
(4) all applicable regulations.
(e) Validity of temporary permit or license.
(1) Each temporary permit or license shall be valid only for the person and the address specified on the temporary permit or license.
(2) When an initial or amended license becomes effective, all temporary permits, licenses, or certificates of registration previously issued to the operator at the same address shall become invalid.
(f) Withdrawal of application. Any applicant or operator may, at any time, submit a request to withdraw the application for a license or a license renewal. If an application for license or license renewal is withdrawn, each temporary permit or license issued to the operator based on that application shall become invalid.
(Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-504; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
Each person shall have a temporary permit or license to operate a school-age program before children or youth are in attendance.
(a) Temporary permit or license required. Each person desiring to operate a school-age program that meets one or more of the following criteria shall obtain a temporary permit or license from the secretary to operate a child care facility as specified in K.S.A. 65-503, and amendments thereto:
(1) The program is designed to allow two or more school-age children on a drop-in or enrolled basis to attend 12 hours a week or more for more than two consecutive weeks, and is not an instructional class or activity as specified in paragraph (b)(3) of this regulation.
(2) The public agency providing funding to the program requires the program to be licensed as a child care facility.
(3) The program is a day reporting program for children 10 years of age or older and youth.
(4) The program is a specialized treatment, therapeutic, correctional, or rehabilitative
program for school-age children or youth that children or youth attend 12 hours a week or more for more than two consecutive weeks.
(b) Exclusions. The following shall not be considered child care facilities:
(1) An ``extraordinary school program,'' as defined in K.S.A. 72-8238, and amendments thereto, or a similar extended school day program that is conducted on the premises of an accredited nonpublic school, is attended only by pupils enrolled in the school in which the program is being conducted, and is staffed by certified elementary school teachers;
(2) a ``summer program,'' as defined in K.S.A. 72-8237, and amendments thereto;
(3) an instructional class or activity in which a child or youth is enrolled for the purpose of participating in only one specific subject or skill-building area, including religious instruction in a specific doctrine or tenet, academic or remedial instruction, a basketball clinic, a baseball league, dance or drama class, or a class in martial arts;
(4) a program of activities that serves exclusively school-age youth and that is not required to be licensed as specified in subsection (a) of this regulation; and
(5) a program of activities that serves exclusively youth who are 16 years of age and older.
(c) New temporary permit or license required. Each operator shall submit a new application, the required forms, and the license fee, and shall obtain a new temporary permit or license from the secretary, as follows:
(1) Before a program that has been closed is reopened;
(2) if there is a change in the location of the program; or
(3) if there is a change of ownership of the program.
(d) Amended temporary permit or license.
(1) Each operator who intends to change the terms of the temporary permit or license, including the license capacity or the age of children and youth served, shall submit an application for an amended temporary permit or license on a form supplied by the department, and a nonrefundable $35 amendment fee. An amendment fee shall not be required if the request to change the terms of license is made at the time of the annual review of the program.
(2) The operator shall not consider the amendment granted until the amended temporary permit or license is issued by the secretary.
(1) Any operator may submit a written request for an exception to a school-age program regulation on a form supplied by the department.
(2) An exception may be granted if the secretary determines that the exception is in the best interest of the child's or youth's health, safety, or well-being, serves the needs of the child's or youth's family, and does not violate statutory requirements.
(3) If an exception is granted, each operator shall receive written notice of the approval of the exception and its duration. The approval shall be posted with the temporary permit or license. The exception shall not be considered granted until written approval is given by the secretary.
(f) Notification requirements. Each applicant or operator shall notify the secretary in writing before withdrawing the application, closing the program, or changing any of the following:
(1) High risk sports or recreational activities offered by the program;
(3) the physical structure of the program site due to new construction or substantial remodeling that affects the license capacity; or
(4) the use of any part of the premises that affects the license capacity.
(1) Before the annual renewal date, each licensee wishing to renew the license shall submit the annual nonrefundable license fee and shall complete and submit the following to the secretary on forms supplied by the department:
(A) An application to renew the license;
(B) the program director's annual report; and
(C) a request to conduct a criminal history and child abuse registry background check.
(2) Failure to submit the annual renewal documents and fee as required by paragraph (g)(1) of this regulation shall result in an assessment of a $10.00 late renewal fee payable to the secretary and may result in suspension of the license. Each late renewal fee assessed shall be paid upon request.
(Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-501, 65-504, and 65-505; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Each individual submitting an application for a license shall be 21 years of age or older at the time of application.
(b) Each corporation applying for a license shall be in good standing with the Kansas secretary of state.
(Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-504 and 65-508; effective, T-28-1-02, April 1, 2002; effective Jan. 10, 2003.)
(1) Each person wishing to conduct a school-age program shall submit a complete application on forms supplied by the department. The application shall be submitted at least 90 calendar days before the planned opening date of the program and shall include the following:
(A) A description of the program of activities and services to be offered, including the following:
(i) A statement of the program's purpose and goals;
(ii) the number and ages of children and youth for whom the program is designed; and
(iii) the anticipated opening date and the projected hours and months of operation;
(B) a request for a criminal history and child abuse registry background check as specified in K.A.R. 28-4-584; and
(C) a nonrefundable license fee of $20.00.
(2) If an existing building is to be used, the applicant shall submit a detailed floor plan describing all of the following:
(A) The intended use of the space;
(B) the location of each activity area within the building;
(C) the measurements for each room used by children and youth for activities;
(D) the location of each rest room designated for use, including the number of toilets, urinals, and hand sinks; and
(E) the location of entrances and exits.
(3) If new construction or remodeling is planned, the applicant shall submit a building and site plan to the secretary at least 45 calendar days before the construction or remodeling is scheduled to begin. Each building and site plan shall include all of the information listed in paragraph (a)(2) of this regulation. Each applicant shall obtain approval of the plan from the secretary before beginning construction or remodeling. If changes are made to the building or site plan following the secretary's approval, the applicant shall submit a description of the proposed changes to the secretary for approval before construction or remodeling begins.
(4) If outdoor activities are conducted on the premises, the applicant shall include a diagram of the outside activity area for approval by the secretary. The diagram shall include the following:
(A) Measurements of the space to be used;
(B) the location relative to the building;
(C) the means of access to the area from the building;
(D) the placement of anchored equipment; and
(E) the location of any hazards adjacent to the outside activity area, including heavily traveled streets, railroad tracks, and bodies of water.
(5) Each applicant for a license to conduct an outdoor summer camp shall submit documentation of site approval as specified in K.A.R. 28-4-586.
(b) Advertising. If an applicant advertises the availability of the program, the advertisement shall not contradict the written description of the program of activities and services submitted with the application. The applicant shall not make a claim of ``state approval'' until the secretary issues a temporary permit or license.
(Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-505 and 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Entry and access. Each applicant and each operator shall give the secretary or the secretary's designee immediate entry and access to the premises and to any records required to be kept, to determine compliance with applicable statutes and school-age program regulations. To ensure access, the applicant or operator shall authorize the program director or program director's designee to grant to the secretary, or the secretary's designee, immediate entry and access to the premises and required records.
(b) Notification of noncompliance.
(1) Applicant. If an applicant is notified in writing that the applicant is not in compliance with statutes or regulations governing school-age programs, the applicant shall make any changes or alterations identified in the notice before a temporary permit or license is issued by the secretary.
(2) Operator. If, following an inspection or complaint investigation, the operator is notified in writing that the program is not being conducted in compliance with statutes or regulations governing school-age programs, the operator shall make any changes or alterations identified in the notice necessary to achieve and maintain compliance.
(3) Explanation of findings. If an applicant or operator disagrees with a notice documenting any finding of noncompliance with licensing statutes or regulations, the applicant or operator may request an explanation of the finding from the secretary's designee. If the explanation is not satisfactory to the applicant or operator, the applicant or operator may submit a written request to the department for reconsideration of the finding. The written request shall identify the finding in question and explain why the applicant or operator believes that the finding should be changed. This request shall be made to the secretary within 10 calendar days after receiving the explanation.
(c) Posting of an administrative order. Each applicant or operator receiving an administrative order from the secretary shall post the order in a conspicuous place on the premises that is accessible to parents or potential users of the program. Each order shall be posted for 90 calendar days following the date the order becomes final.
(Authorized by K.S.A. 2001 Supp. 65-508 and 65-513; implementing K.S.A. 2001 Supp. 65-504, 65-508, and 65-512; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Building compliance. Before receiving a temporary permit or license, each applicant shall obtain documentation that the building complies with applicable building codes, fire safety requirements, and zoning codes. This documentation shall be on file on the premises or at a designated central office location that is accessible for review by the secretary's designee:
(b) Financial resources. Each operator shall have the financial resources necessary to maintain the program in compliance with licensing regulations.
(c) Lines of authority. Each operator shall define in writing the lines of authority governing the operation of the program.
(d) Delegation of authority. Each operator shall delegate administrative authority so that each program has a program director or a program director designee in charge during all hours of operation.
(e) Children and youth records.
(1) Each operator shall obtain the following information for each child or youth before or on the first day of attending the program:
(A) The first and last name, date of birth, and gender;
(B) a health history, as specified in K.A.R. 28-4-590(d);
(C) the anticipated schedule of hours and days of attendance or a notation that attendance is on a drop-in basis; and
(D) the name, address, and telephone number of each parent or other adult responsible for the child or youth, the names of any other persons authorized to pick up the child or youth, and emergency contact information.
(2) Each operator shall obtain written authorization for emergency medical care, signed by the parent or legal guardian of each child or youth, before attending the program or within the first week of attendance.
(3) Except as specified in paragraph (4) of this subsection, each operator shall obtain written permission signed by the parent or other adult responsible for the child or youth before participating in the activity that will allow each child or youth to participate in the following activities, as applicable:
(A) Swimming and water activities;
(B) high-risk sports and recreational activities, as specified in K.A.R. 28-4-588;
(C) transportation provided by the program; and
(4) If an operator is unable to obtain written information and records required for the child's or youth's participation in the program, the operator shall document that a reasonable effort has been made to obtain the necessary information and records. The operator shall develop and implement a plan, approved by the secretary, that provides the following information:
(A) Reasonable assurance that medical treatment can be obtained for each child or youth in case of emergency;
(B) reasonable assurance that each child or youth has permission to participate in the program of activities as specified in paragraph (e)(3) of this regulation; and
(C) reasonable assurance that each child or youth has current immunizations and has no allergies or other health conditions that would interfere with participation in program activities.
(5) Each health history and parental or other adult permission, as specified in this subsection, shall be recorded on forms provided by the department or approved by the secretary.
(6) Each child's or youth's record shall be confidential. Each operator shall have a written confidentiality policy, which shall be shared with each staff member and each parent or other adult responsible for the child or youth and which shall be followed. Nothing in this regulation shall limit access to confidential records by the secretary, the secretary's designee, the secretary of social and rehabilitation services, or law enforcement personnel.
(f) Staff records. Each operator shall have the following information on file on the premises or at a designated central office location that is accessible for review by the secretary's designee:
(1) If applicable, documentation of the required health information as specified in K.A.R. 28-4-590, and the date of participation in program orientation for each staff member as specified in K.A.R. 28-4-587;
(2) a copy of the identifying information submitted to the secretary for the completion of the criminal history and child abuse registry background check as specified in K.A.R. 28-4-584;
(3) a copy of current certification for first aid and certification for CPR as specified in K.A.R. 28-4-592; and
(4) if applicable, a copy of the program director's approval letter and documentation of professional development training for each director as specified in K.A.R. 28-4-587.
(g) Attendance of children and youth.
(1) Each operator shall maintain a daily attendance record that shall include each child's or youth's name, daily arrival time, and daily departure time. This record may be completed by a staff member or by each child or youth when arriving at or departing the premises. Each attendance record shall be kept on file for one year on the premises or at a designated central office location and shall be accessible for review by the secretary's designee.
(2) No operator shall allow any child or youth to attend the program for more than 16 hours in a 24-hour period, unless the program of activities includes overnight activities. The operator shall ensure that children and youth do not attend more than two consecutive weeks of overnight activities.
(h) Each operator shall make the records and reports of the child or youth available to the parent or other adult responsible for the child or youth, on request.
(Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-507 and 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Access to the premises. Each operator shall give each custodial parent or other adult responsible for a child or youth attending the program immediate access to the premises during all hours of operation.
(1) Each operator of a program in which children and youth attend on a regular basis shall meet the following requirements:
(A) Each operator shall develop and implement a policy regarding the hours of operation, the times for arrival and departure of each child and youth, and supervision during arrival and departure. The operator shall define in the policy the supervisory and notification responsibilities of each staff member if a child or youth does not arrive at the established time or if a parent or other authorized individual is late picking up the child or youth.
(B) Each operator shall inform each parent or other adult responsible for a child or youth of the policy specified in paragraph (b)(1)(A) and shall ensure that each staff member complies with the policy.
(2) Each operator of a drop-in program shall meet the following requirements:
(A) Each operator shall develop and implement a policy that allows children and youth to arrive at and depart the premises unsupervised, at unscheduled times and at their own volition.
(B) The operator shall inform the parent or other adult responsible for each child or youth of this policy.
(c) Program-sponsored off-premises activities.
(1) Each operator shall obtain prior written permission, as specified in K.A.R. 28-4-582, for each child or youth to go off the premises for program-sponsored activities.
(2) Each off-premises location and activity shall be related directly to the program of activities and the goals and purpose of the program. Each location shall be used with strict regard for the health and safety of each child or youth, shall be age-appropriate, and shall have sufficient space and equipment for the activities being conducted at that location.
(3) Each operator shall maintain on the premises a record of the following information:
(B) the time at which the children or youth leave the premises;
(C) the name of each adult supervising the children or youth while the children or youth are off the premises;
(D) a telephone number for reaching an adult supervising the children or youth, in case of emergency; and
(E) the estimated time of return.
(4) Each operator shall ensure that a method is in place for notifying each parent or other adult responsible for the child or youth before each off-premises activity occurs. These methods for notification may consist of any of the following:
(A) Posting the notification in a place accessible to the parent or other adult responsible for each child or youth;
(B) providing a calendar of scheduled off-premises activities to the parent or other adult responsible for each child or youth; or
(C) providing a written notification to the parent or other adult responsible for each child or youth before each off-premises activity.
(5) Each operator and each staff member shall have a method of accounting for each child or youth while off the premises to ensure that no child or youth is forgotten or left behind.
(Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(1) Each applicant and each operator shall submit the identifying information that is necessary to complete a criminal history and child abuse registry background check for each individual 14 years of age or older who works, substitutes, or regularly volunteers in the program, as follows:
(A) When applying for a license;
(B) when submitting an application to renew the license; and
(C) before allowing each new individual to work, substitute, or regularly volunteer in the program.
(2) The identifying information shall be submitted on a form supplied by the department.
(b) Each operator, upon receipt of notification that an individual is prohibited from working, substituting, or regularly volunteering in the program, shall take the steps necessary to comply with K.S.A. 65-516, and amendments thereto. The operator shall, within five days of receipt of the notice, notify the secretary of the steps taken.
(c) Each operator shall maintain, for one year from the date of submission, a copy of each form submitted to the secretary requesting a criminal history or child abuse registry check. All copies shall be on file on the premises or at a designated central office location and shall be accessible for review by the secretary's designee.
(Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-516, as amended by L. 2002, ch. 114, sec. 74; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Safety and maintenance of each building.
(1) Each operator shall ensure that the program is located in a building that meets the requirements specified in K.S.A. 65-508 and amendments thereto, the applicable building code, and any applicable local ordinances. Each operator shall ensure that no child or youth is knowingly exposed to environmental hazards, including asbestos, lead paint, and pesticides.
(2) Hot and cold running water shall be supplied to hand sinks except as specified in this paragraph. The hot water temperature shall not exceed 120;dg F. Outdoor summer camps and mobile summer programs shall be exempt from the requirement to provide hot running water to hand sinks.
(A) Each operator shall ensure that the requirements in either of the following paragraphs are met:
(i) Each building shall have a minimum of one working flush toilet and one working hand sink for each 30 children or youth in the license capacity. One urinal may be substituted for each additional toilet in the boys' rest room.
(ii) If the operator of a building-based program is affiliated with a national organization as specified in K.A.R. 28-4-576, the number of working flush toilets and working hand sinks shall be based on either the number specified in the national standards of that organization if the standards have been deemed substantially equivalent by the secretary, or paragraph (a)(3)(A)(i) of this regulation.
(B) Each operator shall designate the rest rooms to be used by the program. A separate rest room shall be provided for each gender unless the rest room is designed for single occupancy.
(C) Each rest room shall be located to allow for the following:
(i) Supervision of children and youth;
(ii) immediate access to the rest room facilities by children, youth, and adults; and
(iii) privacy while using the toilet.
(D) If the rest rooms are also used by non-program participants during the hours of operation of the program, the operator shall develop and implement policies for rest room use for the protection of children and youth attending the program.
(E) Toilet paper, soap, and either paper towels or hand dryers shall be available in each rest room.
(4) Each operator shall provide adequately for the health, safety, and comfort of each child, youth, and adult by maintaining the space used by the program according to the following requirements:
(A) The space shall be uncluttered and free from accumulated dirt, trash, vermin, and rodent infestation.
(B) Each indoor trash container shall be emptied daily or more often if the contents are overflowing or the removal is needed to control odor.
(C) Floors shall not be slippery or cracked.
(D) Each rug or carpet used as a floor covering shall be slip-resistant and free from tripping hazards. A floor covering, paint, or sealant shall be required over concrete floors for all buildings.
(E) Each exit shall be marked. No exit shall be blocked at any time.
(5) Heating appliances shall be vented, used as intended, safely located, and maintained in operating condition. Power strips, if used, shall have a UL rating.
(6) Each operator shall safely store toxic substances and materials, including cleaning supplies, pesticides, and poisons, in a locked janitor's closet, locked room, or other locked area. No child or youth shall have unsupervised access to toxic substances and materials.
(b) Public and accredited non-public school buildings.
(1) Inside premises. If a program is located in a public or accredited non-public school building, the operator shall ensure that the building complies with subsection (a) of this regulation and with fire safety and building code requirements applicable to schools as required by K.S.A. 65-527, and amendments thereto.
(A) Each existing outside playground or activity area and equipment acceptable for use by students of the same age during the academic day may be used by children and youth in the program if the equipment is in sound condition.
(B) Additional impact-absorbent surfacing material shall not be required under anchored climbing equipment, slides, and swings if the equipment is acceptable for use by students of the same age during the academic day.
(c) Public recreation center buildings. If the program is located in a public recreation center, the operator shall ensure that the building complies with subsection (a) of this regulation and with fire safety and building code requirements applicable to public recreation centers as specified in K.S.A. 65-527, and amendments thereto.
(d) Buildings that are not public or accredited non-public school buildings or public recreation centers.
(1) If the program is located in a building that is not a public or accredited non-public school or a public recreation center, the operator shall ensure that the following requirements are met for the building used:
(A) The building shall meet the requirements in subsection (a) of this regulation.
(B) The building shall not be a residence or a single-family dwelling.
(C) Each stairway with more than two steps shall be railed.
(D) If windows and doors are left open, they shall be screened, with each screen in good condition to prevent insects from entering the premises.
(2) If a program uses a non-public source for the water supply, the water shall be safe for drinking and shall be tested annually by a department certified laboratory. The well shall be approved by the local environmental protection program (LEPP).
(e) Outside premises of public recreation centers and of other programs, including outdoor summer camps, that are not conducted in public schools or accredited non-public schools.
(A) Each operator shall ensure that the outdoor activity area meets the following requirements:
(i) The area shall be located and arranged to reduce the risk of injury and to enable staff to provide close visual supervision at all times.
(ii) Each area shall be well drained and free of known health and environmental hazards.
(iii) There shall be no tall weeds or grass, untrimmed shrubbery, or trash in the activity area.
(iv) Each outdoor trash and garbage container shall be covered, and the contents shall be removed weekly.
(B) If the outdoor activity area is accessible to the public, each operator shall define boundaries for the children and youth attending the program and, to the extent possible, use space reserved exclusively for the program.
(2) Safety of outdoor equipment and the activity area. Each operator shall comply with the following safety requirements in the outside activity area:
(A) Equipment shall be safely located, age-appropriate, and in good repair. Equipment that is broken, hazardous, or unsafe or that does not have adequate impact-absorbent surfacing material in the use zone as specified in this regulation shall not be used.
(B) Impact-absorbent surfacing material shall be installed in each use zone under and around anchored play or recreational equipment over four feet in height, including climbing equipment, slides, and swings. Impact-absorbent surfacing material shall consist of any loose fill material specified in paragraph (e)(2)(G) of this regulation, unitary surfacing material, or synthetic impact material. Before any equipment over 11 feet in height is used, the operator shall meet the requirements specified in K.A.R. 28-4-588(e).
(C) Each use zone shall be at least six feet from all sides of the structure. However, the side of some equipment, including a swing, shall not be required to have impact-absorbent surfacing material on each side if the potential for a fall to the side is minimal.
(D) Hard-surfacing materials, including asphalt, concrete, and hard-packed dirt, shall not be used in any use zone under and around climbing equipment, slides, and swings. This requirement shall apply regardless of the height of the climbing equipment, slides, and swings.
(E) If unitary surfacing material or synthetic impact material, including rubber mats, rubber tiles, and poured-in-place material, is installed in the use zone, the material shall be used and maintained according to the manufacturer's recommendations. The manufacturer's recommendations shall be on file on the premises or at a designated central office location and shall be accessible for review by the secretary's designee.
(F) Surfaces made of loose materials shall be maintained by replacing, leveling, or raking the material.
(G) If loose fill material is installed in the use zone, the material shall be specifically developed for playground use, and the type and depth of material used shall conform to the following chart:
Required depth of impact-absorbent surfacing material for the height of equipment
(3) Protection from environmental hazards. Each operator shall ensure that each child or youth is protected from environmental hazards as follows:
(A) If a small fish pond or decorative pool with water 24 inches deep or less is on the premises, no child shall have unsupervised access to it.
(B) Each outdoor activity area shall have a fence, partial fence, or other barrier to prevent chance access to any adjacent hazard, including the following:
(iii) a water hazard, including a ditch, irrigation ditch, pond, lake, and any standing water over 24 inches deep. Each public recreation center shall be exempt from paragraph (e)(3) of this regulation.
(Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-
508 and K.S.A. 65-527; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(1) Each operator conducting an outdoor summer camp or mobile summer program shall meet the requirements specified in this regulation and the requirements in K.A.R. 28-4-577 through K.A.R. 28-4-584, K.A.R. 28-4-587 through K.A.R. 28-4-590, and K.A.R. 28-4-592.
(2) Each operator shall meet the following requirements if the secretary determines that they are applicable to the program and services:
(D) K.A.R. 28-4-593 through K.A.R. 28-4-596.
(A) Each outdoor summer camp shall be held in a city or county park or park-like setting that has at least 75 square feet of available space for each child or youth for the program of activities. Each operator shall use the premises according to its intended purpose, with strict regard for the health, safety, and well-being of each child and youth who attends the outdoor summer camp. No child or youth shall be exposed to environmental hazards, including asbestos, lead paint, and pesticides.
(B) If a lake, pond, river, or other large body of water is located within 100 yards of the premises, each operator shall ensure that the water hazard is physically separated from the activity area to prevent access by each child or youth, or shall submit to the secretary a plan for protecting each child and youth from unsupervised access. The plan, which shall be approved by the secretary before the premises are used for an outdoor summer camp, shall include the following:
(i) A description of any natural barriers separating the activity area from the water;
(ii) the approximate distance from the activity area to the water; and
(iii) a plan for increased supervision.
(C) Each outdoor summer camp shall have access to the following:
(i) A shelter or permanent building for protection from inclement weather and for dining purposes, as needed, that is large enough to accommodate the number of children and youth in attendance and for each child and youth to be comfortably sheltered without being crowded; and
(ii) rest room and hand-washing facilities as specified in K.A.R. 28-4-585.
(D) Rest room facilities shall be located in visual proximity to each program activity area.
(E) Each shelter structure shall be in sound condition and good repair and shall be free from accumulated dirt and trash.
(F) If a building is used, the operator shall ensure that the building meets the requirements specified in K.A.R. 28-4-585. A shelter house that has a roof and is enclosed by walls on all sides shall be considered a building and shall be included in determining the license capacity based on 35 square feet of available space for each child or youth.
(G) Each outdoor summer camp shall have facilities for sanitary dish washing available as specified in K.A.R. 28-4-591. If hot water is not available to the sink or if the dish-washing facilities do not meet the requirements specified in K.A.R. 28-4-591, each operator shall obtain approval from the secretary's designee for the use of alternate methods for sanitary dish washing.
(H) Each operator of an outdoor summer camp shall conduct a daily safety assessment of the premises to ensure that the premises are maintained to protect the health, safety, and well-being of each child and youth.
(2) Policies. Each operator of an outdoor summer camp shall develop and implement policies for the following:
(A) The protection and shelter of children and youth in case of inclement weather; and
(B) the use and maintenance of the shelter and rest room facilities, including policies for use and maintenance if the shelter and rest room facilities are owned and operated by another entity.
(3) Transportation. If the operator transports children and youth to and from the outdoor summer camp premises to a designated pick-up and drop-off location, the operator shall meet the requirements specified in K.A.R. 28-4-583, K.A.R. 28-4-593, and paragraph (c)(4) and (5) of this regulation.
(1) Each license for a mobile summer program shall be issued for the address of the designated drop-off and pick-up site. Each operator shall submit a new application for each change of location in the drop-off and pick-up site, and for any change in the license capacity.
(2) Each drop-off and pick-up site shall contain a shelter or a permanent building that provides adequate protection from inclement weather for each child or youth.
(3) Each operator shall ensure that no child or youth waits at the drop-off or pick-up site for more than one hour at the beginning of the program day or for more than one and one-half hours at the end of the program day.
(4) Each operator shall ensure that children or youth do not board the transporting vehicle until immediately before it is time to leave.
(5) Each operator of a mobile summer program shall ensure that the program has exclusive use of the licensed area during the entire time that children or youth involved in the program are present.
(6) Each operator of a mobile summer program shall meet the transportation requirements specified in K.A.R. 28-4-593 and the requirements for off-premises activities specified in K.A.R. 28-4-583.
(d) Staff records. Any operator of an outdoor summer camp or a mobile summer program may keep the staff records specified in K.A.R. 28-4-582 at a designated central office location. Each operator shall make these records available to the secretary or the secretary's designee upon request. Each operator shall keep health records and contact information for emergency notification immediately available in case of emergency.
(e) Children and youth records. Any operator may keep children and youth records as specified in K.A.R. 28-4-582 on file at a designated central office location. Each operator shall make these records available to the secretary or the secretary's designee upon request. Each operator shall ensure that the following records for each child or youth are immediately available in case of emergency:
(2) authorization for emergency medical care; and
(3) emergency contact information.
(Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Staff qualifications. Each operator and each staff member in contact with children or youth shall demonstrate emotional maturity, sound judgment, and an understanding of children and youth.
(b) Program director qualifications.
(1) Each program shall have a program director who meets the following qualifications:
(A) Is 18 years of age or older, and is at least three years older than the oldest youth in the program;
(B) demonstrates the following:
(i) Knowledge of child and youth development;
(ii) knowledge of licensing regulations applicable to the program;
(iii) administrative and supervisory skills;
(iv) the ability to communicate clearly; and
(v) the competence to manage the program in compliance with the program policies, the program plan, and these regulations; and
(C) has either a high school degree or a general education degree (GED).
(2) In addition to meeting the requirements specified in paragraph (1) of this subsection, each program director shall meet one of the following qualifications, as appropriate to the license capacity of the program:
(A) For a license capacity of 30 or fewer children or youth, has been approved as a program director as specified in K.A.R. 28-4-429(b) or (c), or has at least three months of job-related experience;
(B) for a license capacity of 31 through 60 children or youth, meets one of the following requirements:
(i) Has been approved as a program director as specified in K.A.R. 28-4-429(d) or (e);
(ii) has 15 academic credit hours; or
(iii) has six months of job-related experience;
(C) for a license capacity of 61 through 120 children or youth, meets one of the following requirements:
(i) Has been approved as a program director as specified in K.A.R. 28-4-429(e);
(ii) has 60 academic credit hours;
(iii) has 12 months of job-related experience; or
(iv) has a combination of 30 academic credit hours and six months of job-related experience;
(D) for a license capacity of 121 or more children and youth, has a minimum of a four-year bachelor's degree from an accredited college or university and job-related experience; or
(E) If the operator is affiliated with a national organization or governmental entity with standards governing school-age programs, has participated in professional development training according to the standards established by that national organization or governmental entity, if the secretary deems the standards to be substantially equivalent to the school-age program regulations and if the requirements of paragraph (b)(1) of this regulation are met.
(3) Within 10 calendar days after hiring each program director, each operator shall comply with one of the following:
(i) Obtain a copy of the approval letter issued by the secretary to document that the program director is qualified for the license capacity of the program; or
(ii) submit a request to the secretary for program director's approval of the program director who has been hired.
(4) Each approval letter shall be kept on file in the program director's personnel file and shall be accessible for review by the secretary's designee.
(5) Each program director designee shall meet the requirements specified in paragraphs (b)(1) and (2)(A).
(c) Administrator qualifications. Each operator of a program that has a license capacity of 91 or more children or youth shall employ an administrator who meets the following qualifications:
(1) Is not the program director or a group leader;
(2) is 18 years of age or older, and has either a high school degree or GED; and
(3) demonstrates administrative ability, knowledge of regulations governing school-age programs, and the skill to supervise the business operation of the program.
(d) Group leader qualifications.
(1) Each person designated as group leader shall meet the following qualifications:
(A) Is 18 years of age or older and is at least three years older than the oldest youth in the group; and
(B) has either a high school diploma or GED and has job-related experience working with school-age children or youth.
(2) Each group leader shall demonstrate the following:
(A) Knowledge of child and youth development;
(B) knowledge of licensing regulations for school-age programs;
(C) an understanding of age-appropriate activities and services;
(D) the ability to communicate clearly;
(E) skills and abilities to implement the program of activities; and
(F) the ability to foster positive, healthy relationships with children or youth.
(3) Each group leader shall provide supervision and direction to the children and youth assigned to the group, shall supervise group activities during all hours children and youth are present, and shall provide supervision and direction to an assistant group leader.
(e) Assistant group leader qualifications.
(1) Each person designated as assistant group leader shall meet the following qualifications:
(A) Is 16 years of age or older and is at least three years older than the oldest youth in attendance in the group; and
(B) demonstrates the ability to provide supervision and guidance to a group of children or youth under the direction of a group leader, the skill and ability to carry out the program of activities, and the capability to foster positive, healthy relationships with children and youth.
(2) Each assistant group leader shall be under the direct supervision and direction of a group leader.
(f) Qualifications for substitute staff. Each program shall have substitutes who are available to work in case of illness or emergency. Each substitute shall meet the requirements for the staff person whom the substitute is temporarily replacing. The name and telephone number of each substitute shall be immediately available to the program director or the program director's designee.
(g) Qualifications for volunteers. Each volunteer shall be 14 years of age or older and, if working directly with the children and youth, shall be at least three years older than the oldest youth in the group. No volunteer shall be counted in the supervisory ratio unless the volunteer meets all the requirements of a group leader or assistant group leader and is designated as a group leader or assistant group leader by the program director.
(1) Orientation training. Each operator shall provide orientation training to each program director and each staff member who is counted in the supervisory ratio. The operator shall offer the training before or within the first week of working with children or youth. The training shall be related to work duties and responsibilities and shall include the following:
(A) The mission and goals of the program;
(C) the program policies and practices, including security and behavior management;
(D) the program of activities;
(F) health and safety practices;
(I) recognizing and reporting symptoms of illness, child abuse, child neglect, and critical incidents as specified in K.A.R. 28-4-592.
(2) Ongoing professional development training.
(A) Each program director shall annually obtain 15 clock-hours of professional development training as defined in K.A.R. 28-4-576. Any professional development training that is offered by a national organization or governmental entity with which an operator is affiliated and that has been approved by the secretary may be used to satisfy this requirement. Documentation of the training attended and the number of clock-hours received for the training shall be kept in the program director's personnel file on the premises or at a designated central office location. This documentation shall be accessible for review by the secretary's designee.
(B) Each operator or program director shall assess the training needs of the staff members and shall provide staff training as needed to maintain the program in compliance with licensing regulations. Documentation of training shall be kept in the staff member's personnel file on the premises or at a designated central office location. This documentation shall be accessible for review by the secretary's designee.
(1) Staff coverage. Each operator shall have a sufficient number of staff members on duty to supervise the children and youth during all hours of operation and to provide for their health, safety, and well-being. Each operator shall provide staff coverage in case of emergencies and staff absences.
(A) Each operator shall ensure that the program has a qualified group leader for each 30 children or youth attending the program, except as specified in K.A.R. 28-4-596.
(B) Each operator shall maintain additional qualified staff to ensure that the supervisory ratio of one staff member for each 15 children and youth is not exceeded.
(C) Each staff member counted in the supervisory ratio shall comply with the following:
(i) Meet the applicable qualifications for a group leader or assistant group leader;
(ii) be assigned responsibility for the supervision of children and youth; and
(iii) be physically present with the children or youth.
(3) Grouping. Except as specified in K.A.R. 28-4-596, the number of children and youth in a group shall be limited by the following:
(A) The available space for activities; and
(B) the type of program activity.
(4) Each staff member working with children and youth shall provide attentive supervision to protect the health, safety, and welfare of the children and youth, and to reduce the risk of injury, illness, or abuse.
(5) Each staff member shall encourage the development of positive adult-to-child and adult-to-youth relationships and shall be actively engaged with the children or youth under their supervision.
(6) Each group leader or assistant group leader shall know the location of each child or youth under the supervision of that group leader or assistant group leader, at all times.
(7) Any group leader or assistant group leader may, based on the policy of the program and the age and responsibility level of the child or youth, give a child or youth permission to walk unescorted from one supervised activity area to another supervised activity area or to the rest room.
(Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Program plan. Each operator shall develop and implement a written program plan that includes a program of activities, services, and schedules in keeping with the overall mission, goals, and purpose of the program and the developmental needs and interests of the children and youth.
(1) Each operator shall ensure that each activity is adapted to the number of children and youth participating in the activity and the space available. Whenever possible, each operator shall encourage each child and youth to participate in planning the program of activities.
(2) Each operator shall ensure that each activity meets the following conditions:
(A) Is developmentally appropriate and age-appropriate;
(B) helps each child or youth develop useful skills, a positive self-concept, a sense of independence, and positive relationships;
(C) provides a variety of structured, unstructured, and self-directed activities in keeping with the goals and purpose of the program and the hours of operation; and
(D) is scheduled to allow adequate time to transition from one activity to another.
(3) Each operator shall ensure that television programs, videos, and movies are limited to those with age-appropriate content and are shown only for special occasions or educational instruction.
(c) Use of available space for activities.
(1) If activities that are not part of the school-age program are conducted on the same premises as those for the school-age program, each operator shall designate space for exclusive use by the program during the hours of operation.
(2) Each operator shall provide sufficient space in each area for children and youth to engage comfortably in the activity without being crowded.
(d) Materials, equipment, and furnishings.
(1) Each operator shall provide a sufficient quantity of program materials, equipment, furnishings, and supplies to keep each child and youth engaged and to carry out the program of activities.
(2) Each operator shall ensure compliance with the following safety requirements:
(A) Equipment, furnishings, and supplies shall be used as intended and shall be safely stored to prevent injury or misuse.
(B) Equipment shall be maintained in good repair.
(C) If bedding is used, it shall be stored in a sanitary manner.
(3) Each operator shall ensure that there are no firearms, ammunition, hunting knives, and other weapons on the premises. Archery equipment and air-powered guns, including BB guns and pellet guns, shall be prohibited unless both of the following conditions are met:
(A) The equipment and guns are used as part of an instructional activity that meets the requirements for high-risk sports and recreational activities specified in subsection (e) of this regulation.
(B) The equipment and guns are kept in locked storage, and no child or youth has unsupervised access to the equipment and guns.
(e) High-risk sports and recreational activities.
(1) Before any high-risk sport or recreational activity is included in the program, each operator shall submit a description of the sport or activity to the secretary for written approval. Each description shall include the following information:
(A) The required qualifications for the instructor of the sport or activity;
(B) the goals of the instruction;
(C) the protective measures that will be followed to conduct the activity safely;
(D) the plans for increased staff supervision;
(E) the type of protective gear, if required for the activity;
(F) the operator's written assurance that each sport or activity will be age-appropriate; and
(G) any special procedures to be following in conducting the sport or activity.
(2) Each operator shall keep the written approval from the secretary on file on the premises or at a designated central office location. This approval shall be accessible for review by the secretary's designee.
(3) Only an instructor who meets the qualifications for conducting a high risk sport or recreational activity shall instruct and supervise the children and youth engaged in that sport or activity.
(4) Before participating in a high-risk sport or recreational activity, each child or youth shall have written permission, as specified in K.A.R. 28-4-582, on file on the premises or at a designated central office location. Each written permission shall be accessible for review by the secretary's designee.
(f) Children or youth with special needs.
(1) If the operator and the parent or other adult responsible for a child or youth agree that the child or youth will be provided with specialized services while attending the program, an IPP shall be developed and implemented by the following individuals:
(A) The program director and each staff member of the program who is responsible for implementing the IPP;
(B) the parent or other adult responsible for the child or youth;
(C) a professional who is licensed or credentialed and who is qualified to work with the child or youth regarding the child's or youth's special need; and
(D) the child or youth, as appropriate.
(2) Each IPP shall contain the following information:
(A) The date each IPP is developed and updated;
(B) each special need identified as requiring specialized services;
(C) each specialized service to be provided while the child or youth is attending the program and the name of the person who will provide each service;
(D) the anticipated goal of each specialized service; and
(E) the name and position of each person participating in the development of the IPP.
(3) Each operator shall ensure that each IPP is reviewed and updated annually to meet the special needs of the child or youth.
(4) Each operator shall provide a copy of each IPP and each updated IPP to the participants who developed the IPP. The operator shall keep a copy in the child's or youth's file.
(5) Each program operating concurrently under a school-age program license issued by the secretary and a license issued by the secretary of social and rehabilitation services as specified in K.S.A. 75-3307b, and amendments thereto, shall be exempt from the following regulations if the program is in compliance with the licensing requirements of the secretary of social and rehabilitation services:
(B) subsection (b), subsection (e), and paragraphs (f)(1) through (4) of this regulation; and
(C) any IPP requirements specified in K.A.R. 28-4-589(d).
(Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Behavior management practices.
(1) Behavior management practices shall be consistent with the goals and purposes of the program and appropriate to the age and developmental level of the child or youth.
(2) Each staff member shall practice methods of behavior management that are designed to help each child or youth develop inner controls and manage the child's or youth's own behavior in a socially acceptable manner.
(b) Time-out. If time-out is used to manage behavior, the child or youth shall remain in time-out only long enough to regain self-control. Each child or youth in timeout shall be kept under visual staff supervision. If a separate room is used, the door shall remain open, or the staff member responsible for providing supervision shall remain in the room with the child or youth.
(1) No operator or any staff member shall use any of the following methods of punishment:
(A) Punishment that is humiliating, frightening, or physically harmful to the child or youth;
(B) corporal punishment, including spanking with the hand or any implement, slapping, swatting, pulling hair, yanking the arm, excessive exercise, exposure to extreme temperatures, and any other measure that produces physical pain or threatens the child's or youth's health or safety;
(C) verbal abuse, threats, or derogatory remarks about the child or youth or the child's or youth's family;
(D) enclosing the child or youth in a confined space, including any closet, box, and locked room;
(E) withholding or forcing foods or liquids; and
(F) placing soap, or other substances that sting, burn, or have a bitter taste, in the child's or youth's mouth or on the tongue, or placing substances that sting or burn on other parts of the child's or youth's body.
(2) Each operator and each staff member shall be prohibited from giving medications, herbal or folk remedies, and drugs to control or manage behavior except as prescribed by the child's or youth's licensed physician or licensed nurse practitioner.
(3) Each operator and each staff member shall be prohibited from using physical restraint to manage behavior unless all of the requirements of subsection (d) of this regulation are met.
(1) Before physical restraint is used, de-escalation methods shall be attempted. If de-escalation methods fail and the behavior of a child or youth makes physical restraint necessary for the child's or youth's own protection or the protection of others, the child or youth shall be held as gently as possible to manage the behavior. If physical restraint is used, two staff members shall be present and shall remain with the child or youth until physical restraint is no longer necessary.
(2) The child or youth shall be restrained no longer than necessary for the child or youth to gain self-control. No bonds, ties, or straps shall be used to restrict movement.
(3) Each staff member using physical restraint shall have a current certificate on file documenting training in de-escalation methods and specific restraint procedures or techniques. The physical restraint training curriculum shall be approved by the secretary before the curriculum is used to train the staff members.
(4) Each child or youth whose behavior cannot be managed by other less intrusive methods and whose behavior requires the use of ongoing physical restraint for the child's or youth's protection or the protection of others shall have on file an IPP authorizing the use of physical restraint.
(e) Notification requirements. Each operator shall inform the parent or other adult responsible for a child or youth each time that physical restraint is used. The operator shall document each use of physical restraint on a critical incident report form supplied by the department.
(Authorized by and implementing K.S.A. 2001 Supp. 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.)
(a) Tobacco use prohibited. Each operator shall ensure that tobacco products are not used during the hours of operation of the program and while children or youth are in attendance.
(b) Health of individuals working or volunteering in the program.
(1) Each operator and each staff member shall be free from physical, mental, and emotional handicaps as necessary to protect the health, safety, and welfare of the children or youth.
(2) No individual working or volunteering in a program shall be under the influence of alcohol or illegal substances, or impaired due to the use of prescription or nonprescription drugs.
(3) Each individual working or volunteering in the program shall be free from any infectious or contagious disease, as specified in K.A.R. 28-1-6.
(4) Each operator and each staff member who has regular, ongoing contact with children or youth shall attest to that individual's health status on a form supplied by the department or approved by the secretary. The health status form shall indicate if the individual has been exposed to an active case of tuberculosis or has been diagnosed with suspect or confirmed active tuberculosis. Each individual shall update the health status form annually or more often if there is a change in the health status or if the individual has been exposed to an active case of tuberculosis.
(5) If an operator or staff member in contact with children or youth experiences significant changes in physical, mental, or emotional health or if the individual has been exposed to an active case of tuberculosis, an assessment of the individual's current health status may be required by the secretary. A licensed health care provider qualified to diagnose and treat the condition shall conduct the health assessment. Each assessment shall be kept in the individual's file and shall be submitted to the secretary on request.
(1) If an operator, program director, staff member, child, or youth is exposed to an active case of tuberculosis or if the location of the program is in an area identified by the local health department or the secretary as a highrisk area for tuberculosis exposure, that individual shall obtain a Mantoux test or a chest x-ray.
(2) Each individual diagnosed with suspected or confirmed active tuberculosis shall be excluded from the program until the operator receives authorization from the secretary for the individual to return.
(3) Each operator shall notify the secretary if any individual identified in paragraph (c)(1) of this regulation indicates exposure to an active case of tuberculosis, has a diagnosis of suspected or confirmed active tuberculosis, or has a positive Mantoux test or positive chest x-ray indicating active disease.
(d) Health of children and youth.
(1) Each operator shall obtain a health history for each child or youth, on a form supplied the department or approved by the secretary. Each health history shall be maintained in the child's or youth's file on the premises.
(2) Each operator shall require that each child or youth attending the program has current immunizations as specified in K.A.R. 28-1-20 or has an exemption for religious or medical reasons.
(3) An exemption from immunization requirements shall be granted if one of the following is obtained:</