Kan. Admin. Regs. § 28-4-816 - Transportation

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

Each licensee shall ensure that all of the following requirements are met:

(a) If a vehicle used for transportation of a child in foster care is owned or leased by a foster family member or is driven by a child in foster care, the following requirements shall be met:
(1) Trailers pulled by another vehicle, camper shells, and truck beds shall not be used for the transportation of children in foster care.
(2) The transporting vehicle shall be maintained in a safe operating condition.
(3) The transporting vehicle shall be covered by accident and liability insurance as required by the state of Kansas.
(4) A first-aid kit shall be in the transporting vehicle and shall include disposable nonporous gloves, a cleansing agent, scissors, bandages of assorted sizes, adhesive tape, a roll of gauze, one package of gauze squares at least four inches by four inches in size, and one elastic bandage.
(b) Each driver of any vehicle that is used to transport any child in foster care shall hold a valid driver's license appropriate for the type of vehicle being used.
(c) The use of seat belts and child safety seats shall include the following:
(1) Each individual shall be secured by the use of a seat belt or a child safety seat when the vehicle is in motion.
(2) No more than one individual shall be secured in any seat belt or child safety seat.
(3) Each seat belt shall be properly anchored to the vehicle.
(4) When a child safety seat, including booster seat, is required, the seat shall meet the following requirements:
(A) Have current federal approval;
(B) be installed according to the manufacturer's instructions and vehicle owner's manual;
(C) be appropriate to the height, weight, and physical condition of the child, according to the manufacturer's instructions and Kansas statutes and regulations;
(D) be maintained in a safe operating condition at all times;
(E) have a label with the date of manufacture and model number, for use in case of a product recall; and
(F) have no missing parts or cracks in the frame and have not been in a crash.
(d) The health and safety of the children riding in the vehicle shall be protected as follows:
(1) All passenger doors shall be locked while the vehicle is in motion.
(2) Order shall be maintained at all times. The driver shall be responsible for ensuring that the vehicle is not in motion if the behavior of the occupants prevents safe operation of the vehicle.
(3) All parts of each child's body shall remain inside the vehicle at all times.
(4) Children shall neither enter nor exit from the vehicle from or into a lane of traffic.
(5) Children less than 10 years of age shall not be left in a vehicle unattended by an adult. When the vehicle is vacated, the driver shall make certain that no child is left in the vehicle.
(6) Smoking in the vehicle shall be prohibited when a child in foster care is in placement in a family foster home, whether or not the child in foster care is physically present in the vehicle.
(7) Medical and surgical consent forms and health assessment records shall be in the vehicle when a child in foster care is transported 60 miles or more from the family foster home.
(e) Before a child in foster care is allowed to drive, all of the following requirements shall be met:
(1) The licensee, child-placing agent, or sponsoring child-placing agency shall obtain permission from the parent or legal guardian.
(2) The privilege of driving shall be included in the child's case plan.
(3) The child shall possess a valid driver's license and shall meet the requirements of the Kansas motor vehicle drivers' license act, K.S.A. 8-234a et seq. and amendments thereto.
(f) Any resident of the home who is at least 16 years of age but not yet 18 years of age may transport a child in foster care who attends middle school or junior high school to and from school without an accompanying adult if all of the following conditions are met:
(1) All of the requirements of subsections (a) through (e) are met.
(2) The driver has a valid driver's license and meets the requirements of the Kansas motor vehicle drivers' license act, K.S.A. 8-234a et seq. and amendments thereto.
(3) The parent or legal guardian of the child in foster care and the child's child-placing agent give their written approval.
(g) Any child in foster care who attends high school may be transported to and from school, work, or social activities without an accompanying adult by a driver who is at least 16 years of age but not yet 18 years of age if both of the following conditions are met:
(1) The driver has a valid driver's license and meets the requirements of the Kansas motor vehicle drivers' license act, K.S.A. 8-234a et seq. and amendments thereto.
(2) The parent or legal guardian of the child in foster care and the child's child-placing agent give their written approval.
(h) Any child in foster care who is a parent and who meets the requirements of subsections (a) through (e) may transport any child of that parent.

Notes

Kan. Admin. Regs. § 28-4-816
Authorized by and implementing K.S.A. 2012 Supp. 65-508; effective March 28, 2008; amended Sept. 6, 2013.

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