Kan. Admin. Regs. § 9-18-28

Current through Register Vol. 43, No. 45, November 7, 2024

Section 9-18-28 - Pet animal foster homes

(a) Rescue networks and animal shelters may utilize pet animal foster homes. Rescue networks and animal shelters shall require each of their prospective pet animal foster homes to sign a pet animal foster home agreement with the supervising rescue network or animal shelter.

(1) Each pet animal foster home utilized by a rescue network or animal shelter shall receive an initial on-site inspection as well as an annual on-site inspection by the rescue network manager or animal shelter representative. During the on-site inspection, the rescue network manager or animal shelter licensee shall determine the pet animal foster home's compliance with applicable housekeeping, sanitation, and husbandry standards pursuant to training provided by the commissioner. The pet animal foster home agreement and documentation of on-site inspections shall be kept by the rescue network manager or animal shelter licensee and shall be made available to the commissioner or the commissioner's representatives upon request.

(2) Each rescue network manager and animal shelter licensee shall keep records of all pet animal foster homes utilized by the rescue networks and animal shelter. At the beginning of each license year, each rescue network and animal shelter that utilizes pet animal foster homes shall submit an application and license fee for each pet animal foster home being utilized. All license fees submitted at the beginning of a license year shall be submitted as a single payment. During the license year, each rescue network manager and animal shelter licensee shall submit an application and license fee for any pet animal foster home to be utilized for which an application with the license fee was not submitted at the beginning of each license year. No rescue network or animal shelter shall utilize a pet animal foster home until the pet animal foster home has been issued a license.

(3) Each rescue network manager and each animal shelter licensee shall ensure that all pet animal foster homes utilized by the rescue network or animal shelter comply with the Kansas pet animal act and all applicable regulations.

(b) A pet animal foster home shall not foster dogs or cats for more than one animal shelter or rescue network at the same time.

(c) Each animal shelter licensee or rescue network manager using a pet animal foster home shall develop a plan of veterinary care to be followed by the pet animal foster home. The plan of veterinary care shall be recorded on the form specified in the definition of "adequate veterinary medical care" in K.S.A. 47-1701, and amendments thereto. This plan shall include the name of the licensed veterinarian whom the pet animal foster home shall contact in case of injury or illness and the name of the party responsible for the payment of treatment and office call charges. The pet animal foster home shall notify the sponsoring animal shelter or rescue network manager of any dog or cat receiving veterinary care within 24 hours of treatment. A copy of the plan of veterinary care shall be filed annually with the commissioner.

(d) A pet animal foster home shall not directly accept stray dogs or cats or any animal relinquished by its owner. Each pet animal foster home licensee wanting to accept stray dogs or cats or animals that are relinquished by their owners shall apply for and receive an animal shelter license before accepting these animals. Each rescue network manager shall be responsible for the intake of all animals in the care of the rescue network. No stray dog or cat may be placed with a pet animal foster home until the applicable requirements of K.S.A. 47-1710, and amendments thereto, have been met.

(e) A pet animal foster home shall not foster more than 10 adult animals at the same time.

(f)

(1) A pet animal foster home shall not at any time maintain or house on the premises more than 19 adult animals. The limit of 19 animals shall include the following:

(A) Any adult animal that is a personal pet of the pet animal foster home caretaker; and

(B) any adult animal owned by any other individual or entity and maintained, housed, or harbored on the premises.

(2) If more than 19 adult animals will be housed on the premises for any reason, the pet animal foster home licensee shall apply for an animal shelter license and shall not accept any adult animals in excess of that limit before receiving the animal shelter license.

(g) A pet animal foster home licensee shall not house any intact dog or cat six months of age or older unless spaying or neutering is contraindicated by a licensed veterinarian. If a veterinarian recommends that the dog or cat should not be altered, the pet animal foster home shall obtain a copy of a written opinion by the veterinarian as to why the animal cannot be altered and an estimated time of when, if ever, the animal can be altered. A copy of the written opinion shall be kept by both the pet animal foster home and the rescue network manager or animal shelter.

(h) The animal shelter licensee or rescue network manager shall process all documentation for each adoption and all spay and neuter deposits required by K.S.A. 471731, and amendments thereto. Each intact dog, cat, puppy, or kitten shall be adopted directly from the animal shelter or, in the case of a rescue network, from the premises of the rescue network manager. Any altered dog, cat, puppy, or kitten may be adopted directly from the pet animal foster home only after all final adoption paperwork has been processed through the animal shelter or rescue network manager and all applicable requirements of K.S.A. 47-1710, and amendments thereto, have been met by a licensed animal shelter.

(i) Each animal placed with a pet animal foster home shall be evaluated every 180 days by the animal shelter licensee or rescue network manager to determine whether the animal should be returned to the animal shelter or should remain in the care of the pet animal foster home. The records of the animal shelter or rescue network manager and the pet animal foster home shall reflect the date on which the dog or cat was evaluated, the reason for the animal to remain in a pet animal foster home, and the name of the person at the animal shelter or rescue network who made the decision.

(j) Dogs or cats shall not remain in the care of one or more pet animal foster homes for more than 12 months without written permission from the commissioner. Each animal shelter licensee or rescue network manager wanting to maintain a dog or cat in the care of a pet animal foster home beyond 12 months shall send a written request to the commissioner stating the reasons for the request.

(k) Pet animal foster home licenses shall not be transferable.

Kan. Admin. Regs. § 9-18-28

Authorized by K.S.A. 47-1712; implementing K.S.A. 2015 Supp. 47-1701, K.S.A. 47-1704, K.S.A. 2015 Supp. 47-1710, K.S.A. 47-1712, and K.S.A. 2015 Supp. 471731; adopted by Kansas Register Volume 36, No. 44; effective 11/17/2017.