Kan. Admin. Regs. § 28-4-353b - Records
(a) Personnel
records. Individual records shall be kept for each staff member which shall
include the staff member 's:
(1) Job
application, including all:
(A) identifying
information;
(B) qualifications
including documentation and verification; and
(C) character and employment references.
(2) terms of employment
and job description;
(3)
employment dates and annual performance reviews;
(4) health certificates, including a record
of the results of a health assessment and tuberculin test , documented on forms
supplied or approved by the Kansas department of health and environment;
(5) documentation of orientation
and inservice training and continuing education;
(6) documentation of the report submitted to
the Kansas department of health and environment for purpose of a background
check for criminal and child abuse histories in accordance with K.A.R.
28-4-351(g).
(7) documentation
that the employee has read, understands and agrees to follow:
(A) the statutes and regulations regarding
mandatory reporting of suspected child abuse, neglect and exploitation;
(B) the regulations for licensing
detention centers and secure care centers for children and youth ;
(C) the facility 's policies and procedures,
including personnel, adminstrative, daily and behavior management policies and
procedures; and
(D) policies
providing for a drug free workplace; and
(8) grievance and incident reports regarding
the specific employee, including the means of resolution of each report.
(b) Volunteer records.
Individual records shall be kept on the center -related activities of each
volunteer. These records shall include the volunteer's:
(1) Identifying information;
(2) job description;
(3) dates of service and performance reviews;
(4) documentation of orientation
to the facility and specific assignment;
(5) documentation that the volunteer has
read, understands and agrees to follow center policies and procedures,
particularly those related to security, confidentiality of information and
mandatory reporting of suspected child abuse and neglect;
(6) documentation of freedom from active
tuberculosis;
(7) documentation of
the report submitted to the Kansas department of health and environment for
purpose of a background check for criminal and child abuse histories in
accordance with K.A.R. 28-4-351(g).
(c) Juvenile records.
(1) Written policies and procedures shall
govern record management and shall include, but not be limited to:
(A) The establishment, utilization, content,
privacy, security and preservation of records.
(B) the schedule for the retirement and
destruction of inactive case records; and
(C) a provision for review of policies and
procedures at least annually and revision as needed.
(2) A register of all juveniles in care shall
be kept by each center . The register shall include the following information
for each juvenile:
(A) Name;
(B) date of birth;
(C) the name and address of each parent or
legal guardian, person with whom juvenile resides at time of admission;
(D) the name and address of the
legal custodian, if not the parent or legal guardian;
(E) the name and address of closest living
relative if other than parent or guardian;
(F) the reason for admission; and
(G) the dates of admission and release.
(3) Upon the release of
each juvenile from a detention center , a completed admission and release form,
supplied by the Kansas bureau of investigation, shall be submitted to the
bureau.
(4) Individual records
shall be kept for each juvenile which shall include the juvenile 's:
(A) identifying information;
(B) legal status;
(C) legal custodian;
(D) arrest record;
(E) court order or journal entry for any
juvenile in care longer than 48 hours;
(F) medical and dental permission forms,
signed by a parent or legal guardian. The permission form used shall be one
which is acceptable to the vendor who will provide the service; and
(G) a written inventory of all money and
personal property of the juvenile signed by the juvenile and the admitting
staff member .
(5) A
daily log of each juvenile 's behavior, with notations regarding any special
problems during detention and the response of the staff to any problems shall
be kept in each juvenile's individual record file. Each entry shall be
initialed by the staff member making the entry.
(6) A list of all juveniles receiving care
shall be submitted upon request to the Kansas department of health and
environment on forms provided or approved by the department .
(7) Information from a juvenile 's records
shall not be released without written permission from the juvenile 's parent or
legal guardian. When the parent or legal guardian is not available to provide
written permission, an order of the court having valid jurisdiction shall be
acceptable. Improper disclosure of records or information regarding a juvenile
shall be grounds for revocation or suspension of the center's license or permit
in force, or the denial of a center's application for licensure.
(8) Written policy, procedure and practice
shall provide for the transfer of specific juvenile case file information upon
release of a juvenile to another center or other residential care. Specific
case file information shall precede or accompany the juvenile and shall
include:
(A) Identifying information;
(B) medical records;
(C) immunization records;
(D) insurance information;
(E) medical card, when applicable;
(F) school placement information, including
present courses of study; and
(G)
the name and address of each parent or legal guardian.
(9) Additional case file information to be
transferred shall accompany the juvenile or be transferred within 72 hours.
Notes
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