Kan. Admin. Regs. § 28-4-808 - Recordkeeping requirements; confidentiality

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

Each licensee shall ensure that all records pertaining to the licensure and operation of the family foster home, including the records specified within this regulation, are kept at the family foster home and are accessible to the secretary and the sponsoring child-placing agency.

(a) Family foster home records. Each licensee shall keep the following documents in the family foster home:
(1) The sponsoring child-placing agency's approval for any of the following, if applicable:
(A) Approval for the licensee to provide respite care;
(B) approval for use of informal visitation; and
(C) an approved outdoor safety plan;
(2) a copy of the safety rules for the use of the swimming, wading pools, or hot tubs posted as specified in K.A.R. 28-4-824;
(3) any exceptions that have been granted;
(4) a copy of the regulations governing family foster homes;
(5) documentation of the information submitted for background checks as specified in K.A.R. 28-4-805;
(6) a copy of the licensee's documentation of each critical incident for each child in foster care as specified in K.A.R. 28-4-807;
(7) a copy of the record of each rabies vaccination for each domesticated dog and each domesticated cat owned by any occupant of the family foster home; and
(8) documentation of accident and liability insurance for each vehicle used to transport children in foster care.
(b) Caregiver records. A file that contains the following information shall be kept for each caregiver:
(1) Documentation of the training specified in K.A.R. 28-4-806;
(2) a health assessment that meets the requirements in K.A.R. 28-4-819 and documentation of a negative tuberculosis test or chest X-ray;
(3) a copy of a valid driver's license, if applicable. A copy of the license shall also be provided to the sponsoring child-placing agency; and
(4) all information for the extended family members identified for informal visitation, as specified in K.A.R. 28-4-814.
(c) Foster family members 16 years of age and older. The record for each child 16 years of age and older, excluding children placed in foster care, shall include the following information:
(1) A health assessment that meets the requirements specified in K.A.R. 28-4-819 and documentation of any negative tuberculosis test or chest X-ray;
(2) a current immunization record; and
(3) a copy of a valid driver's license, if transporting any child in foster care. A copy of the license shall also be provided to the sponsoring child-placing agency.
(d) Foster family members less than 16 years of age. The records for each child less than 16 years of age who was born to, or adopted by, the licensee shall include a health assessment that meets the requirements in K.A.R. 28-4-819 and documentation of immunizations as specified in K.A.R. 28-4-819.
(e) Child in foster care. Each licensee shall keep a file for each child in foster care that contains the following information:
(1) All required placement information specified in K.A.R. 28-4-809;
(2) authorization, if any, regarding disclosure of confidential information for the child in foster care;
(3) documentation, if applicable, of a case plan authorizing the use of physical restraint;
(4) documentation, if applicable, of each use of physical restraint on a physical restraint report form as specified in K.A.R. 28-4-815;
(5) medical and surgical consent forms;
(6) the name, address, and telephone number of a physician to be called in case of emergency; and
(7) the medical information record specified in K.A.R. 28-4-819.
(f) Confidentiality of records of each child in foster care. Each licensee shall keep each child's recorded information confidential. The records shall be kept on file at the family foster home in a manner that ensures confidentiality. Nothing in this regulation shall prevent access to the child's records by the child's child-placing agent, the sponsoring child-placing agency, the department, law enforcement, or the court.

Notes

Kan. Admin. Regs. § 28-4-808
Authorized by K.S.A. 65-508; implementing K.S.A. 65-507 and 65-508; effective March 28, 2008.

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