Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 4 - MATERNAL AND CHILD HEALTH
Section 28-4-114 - Applicant; licensee
Current through Register Vol. 43, No. 12, March 20, 2024
(a) Application process.
(b) Applicant and licensee requirements. Each applicant, if an individual, and each licensee, if an individual, shall meet the following requirements:
(c) Multiple child care facilities.
(d) Multiple licenses. No licensee shall be licensed concurrently for or provide more than one type of child care or child and adult care on the same premises.
(e) License capacity for day care homes. Each applicant with a temporary permit and each licensee shall ensure that the requirements of this subsection are met.
TABLE I-LICENSE CAPACITY, ONE PROVIDER
Maximum Number of Children Under 18 Months | Maximum Number of Children at Least 18 Months but Under 5 Years of Age | Maximum Number of Children at Least 5 Years but Under 11 Years of Age* | License Capacity |
0 | 7 | 3 | 10 |
1 | 5 | 4 | 10 |
2 | 4 | 3 | 9 |
3 | 3 | 2 | 8 |
*Children five years of age and over may be substituted for younger children in the license capacity.
(f) Maximum capacity for group day care homes. Each applicant with a temporary permit and each licensee shall ensure that all of the requirements of this subsection are met.
TABLE II-LICENSE CAPACITY, ONE PROVIDER
Age of Children Enrolled | License Capacity |
At Least 2½ Years but Under 11 Years of Age | 9 |
At Least 3 Years but Under 11 Years of Age | 10 |
At Least 5 Years but Under 11 Years of Age | 12 |
TABLE III-LICENSE CAPACITY, TWO PROVIDERS*
Maximum Number of Children Under 18 Months | Maximum Number of Children at Least 18 Months but Under 5 Years of Age | Maximum Number of Children at Least 5 Years but Under 11 Years of Age** | License Capacity* |
1 | 8 | 3 | 12 |
2 | 7 | 3 | 12 |
3 | 6 | 3 | 12 |
4 | 4 | 2 | 10 |
*A second provider shall be present when the number of children exceeds the maximum number allowed for one provider. See Table I.
**Children five years of age and over may be substituted for younger children in the license capacity.
TABLE IV-LICENSE CAPACITY, TWO PROVIDERS*
Maximum Number of Children Under 18 Months | Maximum Number of Children at Least 18 Months but Under 2½ Years of Age | Maximum Number of Children at Least 2½ Years but Under 11 Years of Age** | License Capacity* |
0 | 5 | 7 | 12 |
*A second provider shall be present when the number of children exceeds the maximum number allowed for one provider. See Table I.
**Children five years of age and over may be substituted for younger children in the license capacity.
(g) Developmental levels. Any child who does not function according to age-appropriate expectations shall be counted in the age group that reflects the developmental age level of the child.
(h) License capacity not exceeded. Each applicant with a temporary permit and each licensee shall ensure that the total number of children on the premises, including children under 11 years of age related to the applicant with a temporary permit, the licensee, or any other provider, does not exceed the license capacity, except for additional children permitted in subsection (j).
(i) Emergency care. Emergency care may be provided if the additional children do not cause the license capacity to be exceeded.
(j) Additional children on the premises. In addition to the number of children permitted under the terms of the temporary permit or the license and specified in subsections (e) and (f), other children may be permitted on the premises.
(k) Substitute. Each applicant with a temporary permit and each licensee shall arrange for a substitute to care for children in the event of a temporary absence or extended absence of the primary care provider
(l) Posting of temporary permit or license and availability of regulations. Each applicant with a temporary permit and each licensee shall post any temporary permit or license conspicuously as required by K.S.A. 65-504, and amendments thereto. A copy of the current regulations governing facilities shall be kept on the premises and shall be available to all providers at all times.
(m) Closure. Any applicant may withdraw the application for a license. Any applicant with a temporary permit and any licensee may submit, at any time, a request to close the facility. If an application is withdrawn or a facility is closed, any temporary permit or license granted to the applicant or licensee for that facility shall become void.