Kan. Admin. Regs. § 28-4-821 - Sleeping arrangements
Current through Register Vol. 40, No. 39, September 30, 2021
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28-4-821. Sleeping arrangements. (a) Each licensee shall ensure that sufficient space for sleeping is provided to accommodate the number of foster family members and each child in foster care. Sleeping space shall not include any of the following places:
(1) An unfinished attic;
(2) an unfinished basement;
(3) a hall;
(4) a closet;
(5) a laundry room;
(6) a garage;
(7) any living space that is normally used for other than sleeping arrangements; or
(8) any room that provides routine passage to a common use room, to another bedroom, or to the outdoors.
(b) Each licensee shall ensure that each bedroom used for sleeping by a child in foster care meets the following requirements:
(1) Each bedroom shall have at least 70 square feet.
(2) Each bedroom shall have at least 45 square feet for each individual sharing the room.
(3) The exit path from each bed to each outside exit shall have a minimum ceiling height of six feet eight inches.
(4) Each bedroom shall have a solid door to ensure privacy.
(5) Each bedroom shall have at least two means of escape. Each means of escape shall be easily opened from the inside.
(A) At least one means of escape shall be an unobstructed pathway leading to an exit door to the outside.
(B) The second means of escape shall give direct access to the outside and shall be an unobstructed door or window that is able to be opened from the inside without the use of tools.
(C) For each window used as a means of escape, all of the following requirements shall be met:
(i) The window shall have a width of at least 20 inches and a height of at least 24 inches.
(ii) The window shall be within 44 inches of the floor or shall have permanent steps or another immovable fixture that brings the window to within 44 inches of the top of the steps or fixture.
(iii) If the window is screened, the screen shall be easily removed from the inside.
(iv) The licensee shall ensure that each occupant of the bedroom can easily exit through the window.
(D) If one means of escape is a sliding glass door, the door shall be easily opened from the inside.
(6) All false ceilings, curtains, drapes, or fabric used in decoration for ceilings or walls in each room used for sleeping shall be made of fire-rated materials.
(c) Privacy for the occupants of all bedrooms shall be ensured.
(d) Each child in foster care shall have a separate bed or crib that meets the following requirements:
(1) Is intact, fully functional, and in good repair to prevent injury or entrapment of the child;
(2) is of sufficient size to accommodate the size and weight of the child;
(3) has a mattress that is clean and has a waterproof covering, if needed; and
(4) has bedding adequate to the season and appropriate to the age of the child.
(e) Each bed that requires bed springs shall have springs in good condition.
(f) If a bunk bed is used by any child in foster care, the following requirements shall be met:
(1) The upper bunk shall be protected on all sides with rails. Headboards and footboards may substitute for rails on the ends of the bed.
(2) Each child in foster care using the upper bunk shall be at least six years of age.
(g) No rollaway bed, hideaway bed, or other temporary bed shall be used, except when children in foster care are visiting in the family foster home for a social event or for short-term respite care.
(h) Each child in foster care less than 12 months of age shall sleep in a crib. For the purposes of a nap, the child may sleep in a playpen. Each crib and each playpen shall meet the following requirements:
(1) If a crib or playpen is slatted, the slats shall be spaced no more than 23 ⁄8 inches apart.
(2) Each crib shall have a firm mattress fitted so that no more than two fingers can fit between the mattress and the crib side when the mattress is set in the lowest position.
(3) The crib corner post extensions shall not exceed 11 ⁄16 inch.
(4) When the crib is in use, the drop side of the crib shall be secured in the up position.
(5) No pillow, quilt, comforter, blanket, bumpers, or other soft product that could cause suffocation shall be used in the crib or the playpen when a child who is less than 12 months of age is sleeping in the crib or playpen.
(i) Each child in foster care who is less than 12 months of age shall be put to sleep on the child's back unless ordered otherwise by the child's physician. If the child in foster care is able to turn over independently, that child shall be placed on the child's back but then shall be allowed to remain in a position preferred by the child.
(j) Each child in foster care 12 months and older may sleep in a crib until that child is 18 months of age or until the child is of such height that the upper rail of the crib is at the child's breast level when the child is standing and the crib mattress is at the lowest level.
(k) Each child in foster care 18 months but not yet 30 months of age may sleep in a crib when prescribed by that child's physician.
(l) At night each caregiver shall sleep within hearing distance of the child in foster care.
(m) When any child in foster care five years of age or older shares a room, the following requirements shall be met:
(1) The child shall share the room only with children of the same sex.
(2) The children sharing the room shall be age-mates, unless the following requirements have been met:
(A) The licensee shall notify the family foster home's sponsoring child-placing agency of the proposed sleeping arrangement.
(B) The licensee shall request that the sponsoring child-placing agency and the child's placing agent determine if the proposed sleeping arrangement is appropriate.
(C) The licensee shall maintain documentation of the approval of the sponsoring child-placing agency for the sleeping arrangement.
(3) A child who is known to be a sexual perpetrator or a sexual abuse victim shall not share a room until the following conditions are met:
(A) The potential roommate arrangements are assessed by the child's placing agent, the home's sponsoring child-placing agency, and the licensee; and
(B) based on the assessment, a determination is made by the child's placing agency that it is unlikely that further sexual abuse will result from the child sharing a room.
(n) If any child in foster care under five years of age shares a room with any other child, all of the children sharing the room shall be age-mates or shall be under five years of age. The children sharing the room may be of the opposite sex if all of the children are under five years of age.
(o) A child in foster care who is a parent may share a room with the parent's own child or children. The room shall meet the requirements in paragraph (b)(2).
(p) A child in foster care may sleep in the bedroom of the licensee under any of the following circumstances:
(1) The child in foster care is less than 12 months of age.
(2) The child in foster care is ill.
(3) The child in foster care has special developmental or medical needs requiring close supervision as documented by a physician.
(q) If a child in foster care sleeps in the licensee's bedroom, the bedroom shall have at least 130 square feet.
(r) Each licensee shall ensure that separate and accessible drawer space for personal belongings and closet space for clothing are available for each child in foster care. (Authorized by and implementing K.S.A. 2012 Supp. 65-508; effective March 28, 2008; amended Sept. 6, 2013.)