Kan. Admin. Regs. § 28-4-582

Current through Register Vol. 43, No. 24, June 13, 2024

Section 28-4-582 - Administration; training; recordkeeping

(a) Building compliance. Before receiving a temporary permit or license, each applicant shall obtain documentation that the building complies with applicable building codes, fire safety requirements, and zoning codes. This documentation shall be on file on the premises or at a designated central office location that is accessible for review by the secretary's designee.

(b) Financial resources. Each operator shall have the financial resources necessary to maintain the program in compliance with licensing regulations.

(c) Lines of authority. Each operator shall define in writing the lines of authority governing the operation of the program.

(d) Delegation of authority. Each operator shall delegate administrative authority so that each program has a program director or a program director designee in charge during all hours of operation.

(e) Children and youth records.

(1) Each operator shall obtain the following information for each child or youth before or on the first day of attending the program:

(A) The first and last name, date of birth, and gender;

(B) a health history, as specified in K.A.R. 28-4-590(d);

(C) the anticipated schedule of hours and days of attendance or a notation that attendance is on a drop-in basis; and

(D) the name, address, and telephone number of each parent or other adult responsible for the child or youth, the names of any other persons authorized to pick up the child or youth, and emergency contact information.

(2) Each operator shall obtain written authorization for emergency medical care, signed by the parent or legal guardian of each child or youth, before attending the program or within the first week of attendance.

(3) Except as specified in paragraph (4) of this subsection, each operator shall obtain written permission signed by the parent or other adult responsible for the child or youth before participating in the activity that will allow each child or youth to participate in the following activities, as applicable:

(A) Swimming and water activities;

(B) high-risk sports and recreational activities, as specified in K.A.R. 28-4-588;

(C) transportation provided by the program; and

(D) off-premises activities.

(4) If an operator is unable to obtain written information and records required for the child's or youth's participation in the program, the operator shall document that a reasonable effort has been made to obtain the necessary information and records. The operator shall develop and implement a plan, approved by the secretary, that provides the following information:

(A) Reasonable assurance that medical treatment can be obtained for each child or youth in case of emergency;

(B) reasonable assurance that each child or youth has permission to participate in the program of activities as specified in paragraph (e)(3) of this regulation; and

(C) reasonable assurance that each child or youth has current immunizations and has no allergies or other health conditions that would interfere with participation in program activities.

(5) Each health history and parental or other adult permission, as specified in this subsection, shall be recorded on forms provided by the department or approved by the secretary.

(6) Each child's or youth's record shall be confidential. Each operator shall have a written confidentiality policy, which shall be shared with each staff member and each parent or other adult responsible for the child or youth and which shall be followed. Nothing in this regulation shall limit access to confidential records by the secretary, the secretary's designee, the secretary of social and rehabilitation services, or law enforcement personnel.

(f) Staff records. Each operator shall have the following information on file on the premises or at a designated central office location that is accessible for review by the secretary's designee:

(1) If applicable, documentation of the required health information as specified in K.A.R. 28-4-590, and the date of participation in program orientation for each staff member as specified in K.A.R. 28-4-587;

(2) a copy of the identifying information submitted to the secretary for the completion of the criminal history and child abuse registry background check as specified in K.A.R. 28-4-584;

(3) a copy of current certification for first aid and certification for CPR as specified in K.A.R. 28-4-592; and

(4) if applicable, a copy of the program director's approval letter and documentation of professional development training for each director as specified in K.A.R. 28-4-587.

(g) Attendance of children and youth.

(1) Each operator shall maintain a daily attendance record that shall include each child's or youth's name, daily arrival time, and daily departure time. This record may be completed by a staff member or by each child or youth when arriving at or departing the premises. Each attendance record shall be kept on file for one year on the premises or at a designated central office location and shall be accessible for review by the secretary's designee.

(2) No operator shall allow any child or youth to attend the program for more than 16 hours in a 24-hour period, unless the program of activities includes overnight activities. The operator shall ensure that children and youth do not attend more than two consecutive weeks of overnight activities.

(h) Each operator shall make the records and reports of the child or youth available to the parent or other adult responsible for the child or youth, on request.

Kan. Admin. Regs. § 28-4-582

Authorized by K.S.A. 2001 Supp. 65-508; implementing K.S.A. 2001 Supp. 65-507 and 65-508; effective, T-28-4-1-02, April 1, 2002; effective Jan. 10, 2003.