Kan. Admin. Regs. § 28-4-115a - Supervision
(a) Supervision
plan.
(1) Each applicant, each applicant with
a temporary permit, and each licensee shall develop a supervision plan for
children in care that includes all age ranges of children for whom care will be
provided. A copy of the plan shall be available for review by the parents or
legal guardians of children in care and by the department. The plan shall
include the following:
(A) A description of
the rooms, levels, or areas of the facility including indoor and outdoor areas
in which the child will participate in activities, have snacks or meals, nap,
or sleep;
(B) the manner in which
supervision will be provided; and
(C) any arrangements for the provision of
evening or overnight care.
(2) Each applicant, each applicant with a
temporary permit, and each licensee shall update the supervision plan when
changes are made in any of the requirements of paragraph (a)(1).
(3) Each provider shall follow the
supervision plan.
(b)
General supervision requirements. Each applicant with a temporary permit and
each licensee shall ensure that supervision is provided as necessary to protect
the health, safety, and well-being of each child in care.
(1) Each child in care shall be under the
supervision of a provider who is responsible for the child's health, safety,
and well-being.
(2) Each provider
shall be aware at all times of the location of each child in that provider's
care and the activities in which the child is engaged. Each provider shall
perform the following:
(A) Interact with the
child and attend to the child's needs;
(B) respond immediately if the child is
crying or in distress in order to determine the cause and to provide comfort
and assistance;
(C) investigate
immediately any change in the activity or noise level of the child;
and
(D) respond immediately to any
emergency that could impact the health, safety, and well-being of the
child.
(3) No provider
shall engage in business, social, or personal activities that interfere with
the care and supervision of children.
(4) If used, electronic monitoring devices,
including infant monitors, shall not replace any of the supervision
requirements of this regulation.
(c) Indoor supervision requirements. When any
child is indoors, each provider shall ensure that all of the following
requirements are met, in addition to the requirements of subsection (b):
(1) For each child who is under 21/2 years of
age and who is awake, the provider shall be within sight of and in proximity to
the child, watching and overseeing the activities of the child. When the
provider is attending to personal hygiene needs or engaging in other child care
duties and is temporarily unable to remain within sight of the child, the
provider shall meet all of the following conditions:
(A) The provider has first ensured the safety
of each child.
(B) The provider is
able to respond immediately to any child in distress.
(C) The provider remains within hearing
distance of each child.
(2) For each child 21/2 years of age and
older who is awake, the provider may permit the child to go unattended to
another room within the facility to engage in activities if all of the
following conditions are met:
(A) The
provider determines, based on observations of the child's behavior and
information from the parent or legal guardian, that the child can go unattended
to another room within the facility.
(B) The door to each room remains
open.
(C) The provider remains
within hearing distance of the child.
(D) The provider visually checks on the child
and responds as necessary to meet the needs of the child.
(3) Each applicant with a temporary permit
and each licensee shall ensure that supervision is provided for each child who
is napping or sleeping.
(A) Each child who is
napping or sleeping shall be within sight or hearing distance of the provider
and shall be visually checked on by the provider at least once every 15
minutes.
(B) The provider shall
meet all of the requirements of K.A.R. 28-4-116a for any child who is under 12
months of age and is napping or sleeping.
(C) When any child is napping or sleeping in
a room separate from the provider, the door to that room shall remain
open.
(D) When a child awakens and
is ready to get up, the provider shall attend to the child's needs and assist
the child in moving to another activity.
(d) Outdoor supervision requirements. When
any child is outdoors, each provider shall ensure that all of the following
requirements are met, in addition to the requirements of subsection (b):
(1) For each child under five years of age,
the provider shall be outdoors at all times and remain within sight of and in
proximity to each child, watching and directing the activities of the
child.
(2) For each child five
years of age and older, the provider may permit the child to go unattended to
the facility's designated outdoor play area on the premises if all of the
following conditions are met:
(A) The
designated play area on the premises is enclosed with a fence.
(B) The provider determines that the area is
free of any potential hazards to the health and safety of the child.
(C) The provider remains within hearing
distance of the child.
(D) The
provider visually checks on the child and responds as necessary to meet the
needs of the child.
(e) Evening care and overnight care. Each
applicant with a temporary permit and each licensee who provide evening care or
overnight care shall ensure that the following requirements are met:
(1) All requirements of subsections (a)
through (d) shall be met.
(2) When
overnight care is provided in a day care home, at least one provider shall
remain awake at all times.
(3) When
overnight care is provided in a group day care home, a second provider shall
remain awake at all times if the number of children who are awake exceeds the
requirements of K.A.R. 28-4-114(e), table I.
Notes
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No prior version found.