Kan. Admin. Regs. § 28-4-340
Current through Register Vol. 43, No. 49, December 5, 2024
Section 28-4-340 - Emergency, safety, security, and control(a) Each secure residential treatment facility shall develop a disaster plan to provide for the safety of youth in emergencies. The licensee shall review the plan at least annually and update as needed. The plan and any subsequent updates shall be approved by the state fire marshal or the fire marshal's designee. (1) The disaster plan shall contain provisions for the care of youth in disasters, including fires, tornadoes, storms, floods, and civil disorders, as well as occurrences of serious illness or injury to staff members and youth. (2) All of the staff in the secure residential treatment facility shall be informed of the disaster plans, and the plans shall be posted in a prominent location. (3) Each secure residential treatment facility shall have first aid supplies, including the following: (A) Assorted adhesive strip bandages; (E) a package of gauze squares; (4) Each secure residential treatment facility that uses involuntary seclusion shall have a policy and procedure to evacuate each youth in seclusion in the event of a fire or other emergency. (b) The secure residential treatment facility shall conduct a minimum of one fire drill and one tornado drill per shift per quarter. (c) Security and control. Each secure residential treatment facility shall use a combination of supervision, inspection, accountability, and clearly defined policies and procedures on the use of security to promote safe and orderly operations. (1) All written policies and procedures for security and control shall be available to all staff members. The licensee shall review the policies and procedures at least annually and update as needed, and shall include all of the following requirements: (A) The licensee shall ensure that a daily report on youth population movement is completed and kept on file. (B) Written operational shift assignments shall state the duties and responsibilities for each assigned position in the secure residential treatment facility. (C) Supervisory staff shall maintain a permanent log and prepare shift reports that record routine and emergency situations. (D) The licensee shall ensure that security devices are regularly inspected and maintained, with any corrective action completed as necessary and recorded. (E) No weapons shall be permitted in the facility. (F) The licensee shall ensure that guidelines for the control and use of keys, tools, and medical and culinary equipment are implemented. (G) No youth or group of youth shall exercise control or authority over another youth, have access to the records of another youth, or have access to or use of keys that control security. (H) The licensee shall ensure that procedures are developed and implemented for handling escapes, runaways, and unauthorized absences. (I) The licensee shall ensure that safety and security precautions are developed and implemented pertaining to facility and staff vehicles. (2) The licensee shall ensure that policies and procedures are developed for the prosecution of any illegal act committed while the youth is in care. (3) The licensee shall ensure that policies and procedures are developed and implemented to prohibit the use of chemical agents, including mace, pepper mace, or tear gas, by facility staff. (4) Poisons and all flammable materials shall be kept in locked storage. (5) The licensee shall ensure that policies and procedures are developed that govern documentation of all special incidents, including the taking of hostages and the use of restraint. The policies and procedures shall require submission of a written report of all special incidents to the program director or the program director's designee. Each report shall be submitted no later than the conclusion of that shift. A copy of the report shall be kept in the youth's record. A copy of the report of any incident that involves the taking of hostages, the death or injury of a youth, or criminal charges against a youth or staff member shall be submitted to the department and the placing agent. (6) The licensee shall ensure that each incident of disaster is reported to the department within 24 hours, excluding weekends and holidays. Each incident of fire shall also be reported to the state fire marshal within 24 hours, excluding weekends and holidays. (7) A written plan shall provide for continuing operations in the event of a work stoppage. Copies of this plan shall be available to all staff. The licensee shall ensure that each incident of work stoppage is reported to the department within 24 hours, excluding weekends and holidays. Kan. Admin. Regs. § 28-4-340
Authorized by and implementing K.S.A. 1998 Supp. 65-508; effective, T-28-7-8-99, July 8, 1999; effective Nov. 5, 1999.