Kan. Admin. Regs. § 28-4-336 - Program and services

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

(a) Each secure residential treatment facility shall keep documentation of each youth's preadmission evaluation in the youth's file.
(b) An interdisciplinary treatment team shall develop an individualized plan of care for each youth admitted to the secure residential treatment facility. The team shall review the treatment plan every 30 days and shall update the treatment plan as necessary. Each review shall be documented and signed by the clinical director or the clinical director's designee.
(c) The treatment team shall be headed by the clinical director or the clinical director's designee.
(d) Each facility shall maintain a written plan and daily routine for all youth, which shall include the following:
(1) Meals;
(2) rest and sleep;
(3) personal hygiene;
(4) physical exercise;
(5) recreation;
(6) mental health services;
(7) education; and
(8) social services.
(e) Classroom instruction shall be provided on-site by teachers holding appropriate certification from the Kansas board of education.
(1) The staff of the secure residential treatment facility shall coordinate education services with the local school district. During the local school year, each youth shall receive a minimum of six hours of instruction per day, excluding weekends and holidays.
(2) For each youth currently enrolled in a Kansas public school, the staff of the secure residential treatment facility shall maintain contact with the youth's home school district to ensure the continuity of each youth's education.
(3) The staff of the facility shall provide a regular schedule of instruction and related educational services appropriate to the needs of each youth.
(4) Youth care staff 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.
(f) Library services.
(1) Each secure residential treatment facility shall have written policies and procedures that govern the facility's library program, including acquisition of materials, hours of availability, and staffing.
(2) Library services shall be available to all youth.
(A) Reading and other library materials may be provided for use during non-library hours.
(B) Library materials shall be appropriate for various levels of competency.
(C) Reading material shall reflect a variety of interests.
(g) Recreation.
(1) Each secure residential treatment facility shall provide indoor and outdoor recreational areas and equipment where security and visual supervision can be easily maintained. Unless restricted for health reasons, all youth shall be allowed to engage in supervised indoor and 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.
(h) Work.
(1) Work assignments shall not be used as a substitute for recreation.
(2) Youth shall be prohibited from performing the following duties:
(A) Personal services for the staff;
(B) cleaning or maintaining areas away from the facility;
(C) replacing employed staff; or
(D) any work experience defined as hazardous by the Kansas department of human resources regulations governing child labor.
(3) After receiving the required youth care staff orientation and training, auxiliary staff may supervise work activities. Youth care staff shall be within visual and auditory distance to provide immediate support, if necessary.
(i) Visitation and communication.
(1) Each secure residential treatment facility shall provide telephone and contact visitation rights for parents, legal guardians, legal representatives, and other visitors approved by personnel designated by the administrator. Private telephone conversation and visitation shall be allowed, except when a need to protect the youth is clinically indicated, as documented in the youth's individual plan for care.
(2) The facility shall make written policies and procedures regarding telephone use and visitation available to all youth, parents, legal guardians, and legal representatives.
(3) A youth shall not be denied the right to contact an attorney or court counselor. No court counselor or attorney shall be refused visitation with a youth to whom the counselor or attorney is assigned.
(4) Staff of the secure residential treatment facility shall not censor mail or written communication, except to check for contraband, unless there is sufficient reason to believe that the security of the facility is at risk. Suspect mail shall be opened by staff in the presence of the addressee. If mail is to be read, the youth shall be informed in advance and shall be present when the mail is opened. The reason for each occasion of censorship shall be documented and kept in the youth's record.
(5) Writing materials and postage for the purposes of correspondence shall be available to youth. Materials and postage for at least two letters per week shall be provided for each youth.
(6) First-class letters and packages shall be forwarded after the transfer or release of each youth.
(j) Transportation. Each secure residential treatment facility shall establish and implement written policies and procedures for transporting youth.
(1) The transportation policies and procedures shall include all of the following information:
(A) A list of the persons authorized to transport youth for the secure residential treatment facility;
(B) a description of precautions to prevent escape during transfer;
(C) documentation of a current and appropriate license for each secure residential treatment facility driver for the type of vehicle in use;
(D) provisions for maintaining documentation of current insurance in the transporting vehicle if the licensee is a private entity; and
(E) procedures to be followed in case of accident, injury, or other critical incident, including notification procedures.
(2) Each transporting vehicle owned or leased by the secure residential treatment facility shall have a yearly safety check. A record of the yearly safety check and all repairs or improvements made shall be kept on file at the secure residential treatment facility. When youth are transported in a privately owned vehicle, the vehicle shall be in good working condition.
(3) Each vehicle used by the secure residential treatment facility to transport youth shall be equipped with an individual seat belt for the driver, each youth passenger, and each additional passenger. The driver, each youth passenger, and each additional passenger shall be required to use the seat belts at all times.
(4) Smoking in the transporting vehicle shall be prohibited while youth are being transported.
(5) Youth shall be delivered to the designated destination by the most direct route.
(6) Youth shall not be shackled or confined with mechanical restraints when being transported by staff.


Kan. Admin. Regs. § 28-4-336
Authorized by and implementing K.S.A. 1998 Supp. 65-508; effective, T-28-7-8-99, July 8, 1999; effective Nov. 5, 1999.

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