(a) "Adaptive behavior" means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of that person's age, cultural group and community.
(b) "Care" means supportive services, including, but not limited to, provision of room and board, supervision, protection, assistance in bathing, dressing, grooming, eating and other activities of daily living.
(c) "Institution" means a state institution for the mentally retarded including the following institutions: Kansas neurological institute, Parsons state hospital and training center and Winfield state hospital and training center.
(d) "Mental retardation" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the period from birth to age 18.
(e) "Respite care" means temporary, short-term care not exceeding 90 days per calendar year to provide relief from the daily pressures involved in caring for a mentally retarded person.
(f) "Restraint" means the use of a totally enclosed crib or any material to restrict or inhibit the free movement of one or more limbs of a person except medical devices which limit movement for examination, treatment or to insure the healing process.
(g) "Seclusion" means being placed alone in a locked room where the individual's freedom to leave is thereby restricted and where such placement is not under continuous observation.
(h) "Secretary" means the secretary of social and rehabilitation services or the designee of the secretary.
(i) "Significantly subaverage general intellectual functioning" means performance which is two or more standard deviations from the mean score on a standardized intelligence test specified by the secretary.
(j) "Superintendent" means the chief administrative officer of the institution or the designee of the chief administrative officer.
(k) "Training" means the provision of specific environmental, physical, mental, social and educational interventions and therapies for the purpose of halting, controlling or reversing processes that cause, aggravate or complicate malfunctions or dysfunctions of development.
History: L. 1984, ch. 339, § 1; L. 1996, ch. 60, § 1; July 1.
History: L. 1984, ch. 339, § 2; July 1.
History: L. 1984, ch. 339, § 3; July 1.
History: L. 1984, ch. 339, § 4; L. 2002, ch. 114, § 78; July 1.
History: L. 1984, ch. 339, § 5; July 1.
History: L. 1984, ch. 339, § 6; July 1.
History: L. 1984, ch. 339, § 7; July 1.
History: L. 1984, ch. 339, § 8; July 1.
History: L. 1984, ch. 339, § 9; July 1.
(1) To be fully informed of all rights and responsibilities available to or required of persons admitted to the institution;
(2) to have the natural guardian or guardian of the person fully informed of all rights and responsibilities available to or required of persons admitted to the institution;
(3) to be fully informed of and offered the opportunity to participate in an individual plan of care and training;
(4) to communicate by letter with the secretary, commissioner of mental health and developmental disabilities, superintendent of the institution, any court, physician, attorney, natural guardian or guardian, and all such communication shall be forwarded at once to the addressee without examination and communications from such persons shall be delivered to the person without examination;
(5) to manage personal and financial affairs to the extent possible;
(6) to be free from mental and physical abuse;
(7) not to be subject to such procedures as psychosurgery, electroshock therapy, experimental medication, aversion therapy or hazardous treatment procedures without the written consent of the person or the written consent, as appropriate, of a parent or guardian;
(8) to be treated with respect and full recognition of dignity and individuality including privacy and confidentiality;
(9) to be free from involuntary labor and to be paid for any work performed other than personal housekeeping;
(10) to be free to communicate, associate and meet privately with individuals of choice including sending and receiving mail unopened;
(11) to participate in social, religious and community group activities to the extent possible; and
(12) to retain and use personal possessions and clothing.
(b) The superintendent of an institution may, for good cause only, restrict a person's rights under this section, except that the rights enumerated in subsections (a) (1), (2), (3), (4), (6) and (8), and the right to mail any correspondence which does not violate postal regulations, shall not be restricted by the superintendent of an institution under any circumstances. A statement explaining the reasons for any restriction of a person's rights shall be immediately entered on such person's treatment record and copies of such statement shall be sent to the person and the natural guardian or guardian of the person.
(c) Each institution shall adopt policies governing the conduct of all persons receiving care and training in such institution, which policies shall be consistent with the provisions of this section.
(d) Any person willfully depriving any person of the rights protected by this section, except for the restriction of such rights in accordance with the provisions of subsection (b), shall be guilty of a class C misdemeanor.
History: L. 1984, ch. 339, § 10; L. 1995, ch. 234, § 31; Jan. 1, 1996.
(1) Upon the written consent of: (A) The proposed resident, resident or former resident, if an adult who has no guardian; (B) the proposed resident's, resident's or former resident's guardian, if any; or (C) a parent, if the proposed resident, resident or former resident is under 18 years of age. The superintendent of the institution which has the records may refuse to disclose portions of such records if the superintendent states, in writing, that the disclosure will be injurious to the welfare of the proposed resident, resident or former resident.
(2) Upon the sole consent of the superintendent of the institution which has the records after a written statement by the superintendent that the disclosure is necessary for the care, training or treatment of the proposed resident, resident or former resident. The superintendent may make the disclosure to the proposed resident, resident or former resident, the person's next of kin, any state or national accreditation agency or any scholarly investigator without making that determination, but, before the disclosure is made, the superintendent shall require a pledge from any state or national accreditation agency or scholarly investigator that such agency or investigator will not disclose the name of any proposed resident, resident or former resident to any person not otherwise authorized by law to receive that information.
(3) Upon the order of any court of record after a determination by the court that the records are necessary for the conduct of proceedings before it and are otherwise admissible as evidence.
(4) To any other person if such disclosure is required by federal law or regulation implementing a federal grant-in-aid program in which the state is participating.
(5) As provided in K.S.A. 74-5515 and amendments thereto.
(b) For the purposes of promoting the continuity of care between services provided in an institution and by a community provider, either in arranging admission to an institution, in making the determinations required as a function of the periodic reviews required by K.S.A. 76-12b05 and amendments thereto, or in planning for the discharge of a person from an institution to community care, the consent of a resident, former resident or proposed resident, or of the person's guardian, if one has been appointed, or of their parent, if the person is a minor, shall not be required for the release of records or exchange of information concerning that person between a state institution and any community developmental disability organization, as defined in K.S.A. 39-1803 and amendments thereto.
(c) Except as provided in subsections (a) or (b), to the extent the provisions of K.S.A. 65-5601 to 65-5605, inclusive, and amendments thereto are applicable to the records of any proposed resident, resident or former resident of a state institution for the mentally retarded that are in the possession of the institution, the provisions of K.S.A. 65-5601 to 65-5605, inclusive, and amendments thereto shall control the disposition of information contained in such records.
History: L. 1985, ch. 269, § 1; L. 1986, ch. 212, § 9; L. 1996, ch. 60, § 2; July 1.