Kan. Admin. Regs. § 28-4-800 - Definitions

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

For the purposes of K.A.R. 28-4-800 through K.A.R. 28-4-825, the following definitions shall apply:

(a) "Age-mates" means children whose difference in age does not exceed three years.
(b) "Applicant" means an individual who has applied for a license but who has not yet been granted a license to operate a family foster home. This term shall include an applicant who has been granted a temporary permit to operate a family foster home.
(c) "Basement" means the lowest level or story of a family foster home that has its floor below ground level on all sides.
(d) "Caregiver" means any individual who provides care to a child in foster care in or away from the family foster home, including the following:
(1) An applicant who has been granted a temporary permit to operate a family foster home or a licensee;
(2) a substitute caregiver;
(3) an adult member of a family providing informal visitation;
(4) an individual who comes into the family foster home to provide care when the licensee is present; and
(5) any respite care provider.
(e) "Case plan" means the comprehensive written plan of care developed for each child in foster care by the child's child-placing agent.
(f) "Child in foster care" means either of the following:
(1) Any individual under 16 years of age who is placed for care in a family foster home; or
(2) any individual who is at least 16 years of age but not yet 23 years of age and who is in the custody of the state of Kansas and is placed for care in a family foster home.
(g) "Child-placing agent" means a person that possesses the legal right to place a child into a family foster home. This term shall include the child's parent, legal guardian, a public or private child-placing agency, and the court.
(h) "De-escalation methods" means types of intervention used to help reduce a child's level of anxiety or anger. This term shall include physical restraint.
(i) "Department" means the Kansas department of health and environment.
(j) "Discipline" means positive methods of child behavior management, including instruction, redirection, and de-escalation methods.
(k) "Exception" means a waiver of compliance with a specific family foster home regulation or any portion of a specific family foster home regulation that is granted by the secretary to an applicant or a licensee.
(l) "Exotic animal" means either of the following:
(1) Any non-human mammal that is not one of the following:
(A) A domesticated dog, a domesticated cat, a feral cat, or a domesticated ferret;
(B) a hoofed animal, including a cow, sheep, goat, pig, and llama, that is kept for farming or ranching purposes;
(C) a horse;
(D) a pet rabbit;
(E) a pet rodent, including a mouse, rat, hamster, gerbil, guinea pig, and chinchilla; or
(F) a potbellied pig; or
(2) any animal that typically lives in the wild and is determined by the secretary to be a substantial threat to the health and safety of a child in foster care.
(m) "Family foster home" means a type of child care facility as defined in K.A.R. 28-4-311.
(n) "Foster family" means all of the individuals living in a family foster home other than the child in foster care.
(o) "High-risk sport or recreational activity" means any sport or recreational activity, including watercraft activities and motorized activities, that poses a significant risk of injury to the participant. Safe participation in the activity shall require specialized instruction and may require protective safety gear.
(p) "Informal visitation" means visitation by a child in foster care in the home of an extended family member of the licensee that is for 48 hours or less each month and that is for the purpose of normal socialization for the child in foster care.
(q) "Licensee" means an individual who has been granted a license to operate a family foster home.
(r) "Living space" means the rooms in a family foster home that are used for family activities, including the living room, dining room, family room, game or television room, and sleeping rooms. This term shall not include bathrooms, laundry rooms, and garages.
(s) "Long-term respite care" means respite care that is provided to a child in foster care for 24 hours or more each week.
(t) "Physical restraint" means the bodily holding of a child in foster care by a caregiver as a means to help the child regain self-control when the child is behaving in a manner that presents a danger to self or others.
(u) "Respite care" means the temporary care of a child in foster care in a family foster home other than the family foster home in which the child is placed. This term shall not include any activity that is solely for the purpose of socialization of a child in foster care.
(v) "Secretary" means the secretary of the Kansas department of health and environment.
(w) "Short-term respite care" means respite care that is provided to a child in foster care for less than 24 hours each week.
(x) "Sleepover" means an overnight social event with age-mates, away from the family foster home, that does not exceed a 24-hour period.
(y) "Smoking" means being in possession of a lighted cigarette, cigar, pipe, or burning tobacco in any device.
(z) "Sponsoring child-placing agency" means the public or private child-placing agency responsible for sponsoring the family foster home, including providing assessment, training, support, inspection, and monitoring for the licensee's compliance with the regulations governing family foster homes.
(aa) "Substitute caregiver" means an individual who provides care and supervision in the family foster home for a child in foster care in the absence of the licensee.
(bb) "Water hazard" means a body of water at least 24 inches deep that is not a swimming pool, wading pool, or hot tub.

Notes

Kan. Admin. Regs. § 28-4-800
Authorized by K.S.A. 65-508; implementing K.S.A. 65-503, 65-504, and 65-508; effective March 28, 2008.

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