Kan. Admin. Regs. § 28-4-811 - Caregiver qualifications; supervision
Current through Register Vol. 40, No. 39, September 30, 2021
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28-4-811. Caregiver qualifications; supervision. (a) Caregiver qualifications. Each caregiver shall be qualified by the temperament, emotional maturity, judgment, and the understanding of children necessary to maintain the health, comfort, safety, and welfare of children in foster care pursuant to K.S.A. 65-504 and 65-508, and amendments thereto.
(b) General supervision. Each licensee shall ensure that each child in foster care is supervised in accordance with the child's age, maturity, risk factors, and developmental level. Additional supervision shall be provided for any child in foster care of any age in any of the following situations:
(1) The child has mental health issues that place the child at higher concern for risk-taking behaviors that could result in unintentional injury or drowning.
(2) The child would be a danger to self or others.
(3) The child functions below the child's chronological age level.
(4) The child is unable to engage in self-care.
(c) Substitute care and supervision. Each licensee shall ensure that substitute care and supervision are provided in each of the following situations:
(1) During the absence of the licensee between the hours of six a.m. and midnight, the following requirements shall apply:
(A) For an absence of less than four hours, the substitute caregiver shall be at least 14 years of age and at least three years older than the oldest child in foster care; and
(B) for an absence of four to 10 hours, the substitute caregiver shall be at least 16 years of age and at least three years older than the oldest child in foster care.
(2) In the absence of the licensee for more than 10 hours or for any period between the hours of midnight and six a.m., the substitute caregiver shall be at least 18 years of age and at least three years older than the oldest child in foster care.
(d) Self-care. Any child in foster care at least 12 years of age may be permitted to stay at home without adult supervision for certain periods of time between the hours of six a.m. and midnight if all of the following requirements and conditions are met:
(1) The potential for self-care is identified and written approval is included in the child's case plan.
(2) Each child in foster care's specific risk factors, including age, maturity level, behavior disorders, suicidal tendencies, developmental delays, thrill-seeking behavior, and difficulty with anger control, shall be considered in developing the self-care plan.
(3) Each licensee has established a written self-care plan for the care and supervision for each child in foster care in the home in the absence of the licensee. The written self-care plan shall take into consideration the number of children in the home, the behavior, emotional stability, and maturity level of the children in the home, and any neighborhood safety issues. The self-care plan shall be approved by the sponsoring child-placing agency and the child's child-placing agent.
(4) Only children residing in the home may be present during self-care.
(5) The following minimum age and maximum time limits for self-care for each child in foster care shall apply:
(A) Any child who is at least 12 years of age may be in self-care for a maximum of two consecutive hours, for no more than four hours each day.
(B) Any child who is at least 14 years of age may be in self-care for no more than four hours each day.
(C) Any child who is at least 16 years of age may be in self-care for no more than 10 hours each day. (Authorized by and implementing K.S.A. 65-508; effective March 28, 2008.)