Kan. Admin. Regs. § 28-4-584 - Background checks

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

Each applicant and each operator shall meet the following requirements:

(a) Submit to the department the identifying information necessary to complete background checks for each individual at least 14 years of age who works or regularly volunteers in the program and any other individual in the program whose activities involve either supervised or unsupervised access to children. The identifying information shall be submitted as follows:
(1) When submitting an application for a license;
(2) when submitting an application to renew a license; and
(3) before allowing any individual to work or regularly volunteer in the program and before allowing any individual whose activities involve either supervised or un-supervised access to children to be in the program;
(b) ensure that fingerprint-based background checks are completed for each of the following individuals:
(1) The applicant;
(2) the operator;
(3) each program director;
(4) each program director designee;
(5) each staff member;
(6) each volunteer counted in the supervisory ratio; and
(7) any other individual regularly in the program whose activities involve unsupervised access to children;
(c) ensure that the information submitted for each individual specified in subsection (b) includes the required information for background checks from each state of residence throughout the five-year period before allowing the individual to work or regularly volunteer in the program;
(d) ensure that name-based background checks by the Kansas bureau of investigation and the Kansas department for children and families are completed for each of the following individuals:
(1) Each volunteer who is not counted in the supervisory ratio and who does not have unsupervised access to children;
(2) each student of an accredited secondary or postsecondary school who is at least 16 years of age and who is participating in an educational experience arranged by the school, if the student is not counted in the supervisory ratio and does not have unsupervised access to children; and
(3) any other individual regularly in the program whose activities do not involve unsupervised access to children; and
(e) ensure that no individual works or regularly volunteers in the program until the results of the individual's background checks verify that the individual is not prohibited from working, regularly volunteering, or residing in a facility pursuant to K.S.A. 65-516, and amendments thereto.

Notes

Kan. Admin. Regs. § 28-4-584
Authorized by K.S.A. 2017 Supp. 65-508; implementing K.S.A. 2017 Supp. 65-516; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003; amended by Kansas Register Volume 37, No. 20A; effective June 7, 2018.

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