Kan. Admin. Regs. § 28-4-331 - Licensing procedures
(a) A person
shall not operate a secure residential treatment facility that provides
treatment to youth under 16 years of age, unless issued a license by the
department.
(b) Each person
desiring to operate a secure residential treatment facility that provides
treatment to youth under 16 years of age shall submit the following:
(1) An application for a license on forms
provided by the department ; and
(2) the license fee as specified in
K.S.A.
65-505, and amendments thereto.
(c) In addition to the application
for a license , each applicant shall submit the following:
(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; and
(E) services and treatment to be offered,
including the number, age range, and sex of youth to be served;
(2) a copy of written notification
that was submitted to the school district where the facility is located,
including the following:
(A) The planned
opening date;
(B) the number, age
range, and anticipated special education needs of the residents to be served;
and
(C) a request for on-site
educational services or a request for approval of proposed alternative formal
schooling to be provided by the licensee as specified in K.A.R. 28-4-336; and
(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.
(d) Each applicant shall submit a
report, on forms provided by the department , containing the identifying
information that is necessary to complete criminal history and child abuse
registry background checks for all persons 10 years of age and older residing,
working, or regularly volunteering in the secure residential treatment
facility .
(1) The identifying information
shall be submitted on a report as follows:
(A) At the time of application for an
original license ;
(B) at the time
of application for renewal of a license ; and
(C) before each new person resides, works, or
regularly volunteers in the secure residential treatment facility .
(2) A copy of each report shall be
kept on file at the facility . Youth admitted into a secure residential
treatment facility for care and treatment shall not be considered to be
residing in the secure residential treatment facility for the purposes of
criminal history or child abuse background checks.
(e) Each applicant shall submit to the
department plans for each building that will be used as a secure residential
treatment facility . Each plan shall state whether or not the secure residential
treatment facility will rely on locked entrances and exits to secure the
facility .
(f) Each applicant shall
submit a code footprint for each building to be used as a secure residential
treatment facility to the Kansas state fire marshal's office for approval. Each
applicant shall provide to the department a copy of the approval of the Kansas
state fire marshal's office before a license is issued.
(g) Each applicant shall be issued a license
if the secretary finds that the applicant is in compliance with the
requirements of
K.S.A.
65-501 through
65-516, and amendments thereto,
and regulations promulgated pursuant to these statutes and if the license fee
required by
K.S.A.
65-505, and amendments thereto, is submitted.
Each license shall be prominently displayed within the facility .
(h) 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 the denial or revocation of a 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. The request shall be made
to the secretary within 10 days after receiving the explanation.
(l) Exceptions.
(1) Any applicant or licensee may submit to
the department a written request for an exception to a regulation. An exception
may be granted if the secretary or the secretary's designee determines the
exception to be in the best interest of a youth or the youth's family, and if
the exception does not violate statutory requirements.
(2) Written notice of each request for an
exception that is approved by the secretary shall be provided to the applicant
or licensee by the secretary or the secretary 's designee. Each written notice
shall state the nature and duration of the exception. This notice shall be
posted with the license.
(m) Each licensee shall notify the secretary
and obtain written approval from the secretary before making any change in any
of the following:
(1) The use of the
buildings; or
(2) the program ,
provided through either of the following:
(A)
Direct services; or
(B) agreements
with specified community resources.
(n) The notification of a proposed change in
the program 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 by paragraph (n)(1) was received by the school district at least 90
days before the anticipated date of any proposed change.
(o) 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 the children to be served; or
(C) the living units.
(2) Each request for a change in 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 in paragraph (o)(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.
(p) 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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