Kan. Admin. Regs. § 28-4-269 - Licensing procedures
(a) A person shall
not conduct a group boarding home or residential center for children under 16
years of age unless a license is issued by the secretary.
(b) Each person desiring to conduct a group
boarding home or residential center shall submit the following:
(1) An application for a license, which shall
be submitted on forms supplied by the department; and
(2) the license fee as specified in
K.S.A. 65-505, and amendments thereto.
(c) A license shall not be issued
until all of the following information is submitted:
(1) A written proposal that details the
following:
(A) The purpose of the facility;
(B) the administration plan for
the program, including an organizational chart;
(C) the financing plan for the program;
(D) staffing for the program,
including job descriptions;
(E)
the services to be offered, including the number, age range, and sex of
residents to be served; and
(F)
admission criteria and a description of the level of care to be provided to the
residents through either of the following:
(i) Direct services; or
(ii) agreements with specified community
resources;
(2) a copy of the written notification
provided to the school district where the facility is located, including the
following:
(A) The anticipated opening date;
(B) the number, age range, and
anticipated special education needs of the residents to be served; and
(C) a request for educational
services or a request for approval of proposed alternative formal schooling to
be provided by the facility as required by K.A.R. 28-4-274(d) ;
(3) documentation that the
notification required by paragraph (c)(2) was received by the school district
at least 90 days before the planned opening date;
(4) floor plans for each building to be used
as a group boarding home or residential center; and
(5) documentation of the state fire marshal's
approval.
(d) The
proposal required by paragraph (c)(1) shall be approved by the secretary before
a license is issued.
(e) A license
shall be issued by the secretary if the applicant is in compliance with the
requirements of
K.S.A. 65-501 through
65-516, and amendments thereto,
and the regulations promulgated pursuant to those statutes, and has made full
payment of the license fee.
(f)
Each licensee shall notify the secretary and obtain written approval from the
secretary before making any change in any of the following:
(1) The admission criteria;
(2) the use of the buildings; or
(3) the program, including the level of care
provided through either of the following:
(A)
Direct services; or
(B) agreements
with specified community resources.
(g) the notification of a proposed change in
the program, the admission criteria, or the level of care of the residents
shall include the following:
(1) A copy of
the written notification of the proposed change that was submitted to the
school district where the facility is located; and
(2) documentation that the notification
required in paragraph (g)(1) was received by the school district at least 90
days before the anticipated date of any proposed change.
(h) Renewals. Each licensee who wishes to
renew the license shall apply for renewal of the license annually on forms
supplied by the department and shall submit the fee as specified in
K.S.A. 65-505, and amendments thereto.
(i) Request to withdraw an application or
terminate a license.
(1) Each applicant shall
inform the department if the applicant desires to withdraw the application. The
withdrawal of the application shall be acknowledged by the department in
writing. A new application and a new fee shall be required before opening a
facility. No applicant shall admit a child before the applicant receives a
license.
(2) Each licensee shall
inform the department if the licensee desires to terminate the license. The
licensee shall return the license to the department with the request to
terminate the license. The request and the license shall be accepted by the
department. The licensee and other appropriate agencies shall be notified by
the department that the license is terminated and that the facility is
considered closed. The former licensee shall submit a new application and fee
to the department if that person desires to obtain a new license. That person
shall not reopen the facility or admit any child before receiving a new
license.
(j) A new
application and fee shall be submitted for each change of ownership,
sponsorship, or location.
(k)
Grievance procedures.
(1) Each applicant or
licensee receiving notice of denial or revocation of license shall be notified
of the right to request an administrative hearing by the secretary and
subsequently of the right of appeal to the district court.
(2) If an applicant or licensee disagrees
with a notice documenting any finding of noncompliance with licensing statutes
or regulations, the applicant or licensee may request an explanation of the
finding from the secretary's designee. If the explanation is not satisfactory
to the applicant or licensee, the applicant or licensee may submit a written
request to the secretary for reconsideration of the finding. The written
request shall identify the finding in question and explain why the applicant or
licensee believes that the finding should be changed. This request shall be
made to the secretary within 10 days after receiving the explanation.
(l) Exceptions.
(1) An applicant or a licensee may submit a
written request for an exception to a regulation to the secretary. An exception
may be granted if the secretary determines the exception to be in the best
interest of a child or children and their families, and if statutory
requirements are not violated.
(2)
Each licensee shall post with the license the written notice from the secretary
stating the nature and duration of the exception.
(m) Amended license.
(1) Each licensee shall submit a request for
an amended license and a $35.00 fee to the secretary if the licensee desires to
make any change in any of the following:
(A)
The license capacity;
(B) the age
of children to be served; or
(C)
the living units.
(2)
Each request for a change in the license capacity or the age range of children
to be served shall include the following:
(A)
A copy of the written notification of the proposed change that was submitted to
the school district where the facility is located; and
(B) documentation that the notification
required by paragraph (m)(2)(A) was received by the school district at least 90
days before the anticipated date of any proposed change.
(3) The licensee shall make no change unless
permission is granted, in writing, by the secretary. If granted, the licensee
shall post the amended license, and the prior license shall no longer be in
effect.
(n) Waiver of
90-day notification to the local school district. The 90-day notification to
the local school district may be waived by the secretary upon receipt of a
written agreement by the local school district.
This regulation shall be effective on and after July 30, 2002.
Notes
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