Kan. Admin. Regs. § 28-4-1261 - Program

Current through Register Vol. 40, No. 39, September 30, 2021

(a) Policies and procedures. Each permittee and each licensee shall implement policies and procedures for the program.
(b) Daily routine. Each permittee and each licensee shall maintain a written schedule and daily routine for all residents during all waking hours, which shall include the following:
(1) Meals;
(2) personal hygiene;
(3) physical exercise;
(4) recreation;
(5) mental health services; and
(6) education.
(c) Rest and sleep. Each permittee and each licensee shall ensure that the daily routine includes time for rest and sleep adequate for each resident.
(d) Classroom instruction. Each permittee and each licensee shall ensure that classroom instruction is provided to each resident on-site by teachers holding appropriate licensure from the Kansas department of education.
(1) The staff members shall coordinate education services with the local school district.
(2) The staff members shall provide a regular schedule of instruction and related educational services for each resident.
(3) Direct care staff members shall be stationed in proximity to the classroom, with frequent, direct, physical observation of the classroom activity at least every 15 minutes, to provide immediate support to the teacher.
(e) Library services.
(1) Reading and other library materials shall be provided to each resident.
(2) Library materials shall be appropriate for various levels of competency.
(3) Reading material shall reflect a variety of interests.
(f) Recreation.
(1) Each facility shall have indoor and outdoor equipment and recreational areas where security and visual supervision can be easily maintained. Unless restricted for health reasons, each resident shall be allowed to engage in supervised indoor or outdoor recreation on a daily basis.
(2) Art and craft supplies, books, current magazines, games, and other indoor recreational materials shall be provided for leisure time activities.
(g) Work. Each permittee and each licensee shall ensure that the following requirements are met when residents participate in work activities:
(1) Work assignments shall not be used as a substitute for recreation.
(2) Residents shall be prohibited from performing any of the following duties:
(A) Providing personal services for the staff members;
(B) cleaning or maintaining areas away from the facility;
(C) replacing staff members; or
(D) engaging in any work classified as hazardous by the Kansas department of labor's regulations governing child labor.
(h) Plan of care. Each permittee and each licensee shall ensure that the individualized plan of care for each resident is reviewed and updated based on the needs of the resident. In addition to the services required in subsections (b) through (g), the plan of care shall include the following:
(1) Mental health, substance abuse, and life skills training based on individual needs of the resident; and
(2) any restrictions on visitation, communication with others, or the resident's movement or activities that are required to ensure the health and safety of the resident or other residents or the security of the facility.
(i) Mental health services. Each permittee and each licensee shall ensure that mental health services are provided as needed to each resident, by a clinical director and appropriate staff members.
(j) Substance abuse screening and treatment. Each permittee and each licensee shall ensure that substance abuse screening and treatment services are provided as needed to each resident, by a substance abuse counselor and appropriate staff members.
(k) Life skills training. Each permittee and each licensee shall ensure that life skills training is provided as needed to each resident, by designated staff members. The resident's plan of care shall include the following:
(1) Life skills training appropriate to the age and developmental level of the resident, including daily living tasks, money management, and self-care;
(2) direct services, including assistance with career planning and housing; and
(3) referrals for community resources, including educational opportunities.
(l) Visitation and communication. Each permittee and each licensee shall implement policies and procedures for visitation and communication by residents with individuals outside of the facility. The policies and procedures shall include the following:
(1) Private telephone conversations and visitations shall be allowed, except when a need to protect the resident is indicated as documented in the resident's individual plan of care or as specified by court order.
(2) No resident shall be denied the right to contact an attorney or court counselor. No court counselor or attorney shall be refused visitation with a resident to whom the counselor or attorney is assigned.
(3) No staff member shall open or censor mail or written communication, unless there is reason to believe that one of the following conditions exists:
(A) The mail or communication contains items or goods that are not permitted in the facility.
(B) The security of the facility is at risk.
(C) The safety or security of the resident is at risk.
(4) The conditions under which mail or communication shall be opened by staff in the presence of the resident shall be specified.
(5) If mail or communication is to be censored, the resident shall be informed in advance.
(6) The censorship of mail or written communication shall be included in the resident's plan of care.
(7) The reason for each occasion of censorship shall be documented and kept in the resident's record.
(8) Writing materials and postage for the purposes of correspondence shall be available to each resident. Materials and postage for at least two letters each week shall be provided for each resident.
(9) First-class letters and packages shall be forwarded after the transfer or release of each resident.


Kan. Admin. Regs. § 28-4-1261
Authorized by and implementing K.S.A. 2013 Supp. 65-508 and 65-535; effective, T-28-12-17-13, Dec. 17, 2013; effective March 28, 2014.

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