39-1504. Same; requirements for registration.

39-1504

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 15.--ADULT FAMILY HOMES

      39-1504.   Same; requirements forregistration.The secretary shall administer the adult family home registrationprogram in accordance with the following requirements:

      (a) (1)   The home shall meet health standards and safety regulationsof the community and the provisions of chapter 20 of the national fireprotection association, life safety code, pamphlet no. 101, 1981 edition.

      (2)   The home shall have a written plan to get persons out of the homerapidly in case of fire, tornado or other emergency.

      (3)   No more than two clients shall be in residence at any one time.

      (4)   The home shall have adequate living and sleeping space for clients.

      (5)   Each room shall have an operable outside window.

      (6)   Electric fans shall be made available to reduce the temperature ifthere is no air conditioning. Rooms shall be heated, lighted, ventilatedand available.

      (7)   Sleeping rooms shall have space for personal items.

      (8)   Each client shall have a bed which is clean and in good condition.

      (9)   Lavatory and toilet facilities shall be accessible, available andin working order.

      (10)   The kitchen shall be clean with appliances in good working order.

      (b) (1)   A healthy and safe environment shall be maintained for clients.

      (2)   There shall be a telephone in the home.

      (3)   The provider may assist a client with the taking of medications whenthe medication is in a labeled bottle which clearly shows a physician'sorders and when the client requires assistance because of tremor, visualimpairment, or similar reasons due to health conditions. The provider mayassist or perform for the client such physical activities which do not requiredaily supervision such as assistance with eating, bathing and dressing, helpwith brace or walker and transferring from wheelchairs.

      (4)   There shall be no use of corporal punishment, restraints or punitivemeasures.

      (5)   The house shall be free from accumulated dirt, trash and vermin.

      (6)   Meals shall be planned and prepared for adequate nutrition, and fordiets if directed by a physician.

      (c) (1)   The provider shall be at least 18 years of age and in good healthat the time of initial application for registration. A written statementmust be received from a physician, nurse practitioner, orphysician assistantstating that the applicant and the members of the applicant's householdare free of any infectious or communicable disease or health condition andare physically and mentally healthy. Such statements shall be renewedevery two years.

      (2)   The provider shall not be totally dependent on the income fromthe clients for support of the provider or the provider's family.

      (3)   A criminal conviction shall not necessarily exclude registration asan adult family home; but an investigation thereof will be made as partof the determination of the suitability of the home.

      (4)   The provider shall be responsible for supervision at all times andshall be in charge of the home and provision of care, or shall have aresponsible person on call. Any such substitute responsible person shall meetthe same requirements as the provider.

      (5)   The provider is responsible for encouraging the client to seek andutilize available services when needed.

      (6)   The provider shall comply with the requirements of state and federalregulations concerning civil rights and section 504 of the federalrehabilitation act of 1973.

      (7)   The provider shall assure that clients have the privilege of privacyas well as the right to see relatives, friends and participate in regularcommunity activities.

      (8)   The provider shall keep client information confidential. The useor disclosure of any information concerning a client for any purpose isprohibited except on written consent of the client or uponorder of the court.

      (9)   The provider shall maintain contact with an assigned social workerand shall allow the secretary and authorized representatives of the secretaryaccess to the home and grounds and to the records related to clients inresidence.

      (10)   The provider shall inform the social worker immediately of anyunscheduled client absence from the home.

      (11)   The provider is responsible for helping clients maintain their clothing.

      (12)   The provider shall furnish or help clients arrange for transportation.

      (13)   The provider shall help a client arrange for emergency and regularmedical care when necessary.

      (14)   The provider shall submit any information relating to the operationof the adult family home which is required by the secretary.

      History:   L. 1983, ch. 142, § 4;L. 2004, ch. 117, § 2; July 1.