Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 13B, 158.030, 186.018, 186.020,
189.125, 194A.050(1), 199.011(3), (4), 199.894(1), (5), 199.895, 199.8951,
199.896(18), 199.897, 199.898, 199.8982, 214.010, 214.036, 311.646, 314.011(5),
527.070(1), 600.020, 620.020(8), 620.030,
7 C.F.R.
226.20, 16 C.F.R. 1219, 1220, 1221,
45
C.F.R. 98.2,
49 C.F.R.
571.213,
20
U.S.C. 6081-6084,
42 U.S.C.
9831-9852,
9857-9858r
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate programs and fulfill the
responsibilities vested in the cabinet, qualify for the receipt of federal
funds, and cooperate with other state and federal agencies for the proper
administration of the cabinet and its programs.
KRS
199.8982(1)(f) requires the
cabinet to promulgate administrative regulations to establish standards for the
issuance, monitoring, release of information, renewal, denial, revocation, and
suspension of a certificate of operation, and to impose minimum staff-to-child
ratios for a family child-care home. The statute authorizes the cabinet to
establish minimum safety requirements for operation of a certified family
child-care home. This administrative regulation establishes minimum
requirements intended to protect the health, safety, and welfare of children
cared for by certified family child-care home providers.
Section 1. Definitions.
(1) "Assistant" means a person:
(a) Who meets the requirements listed in
Section 2(6) and Section 10(6), (7), and (8) of this administrative regulation;
and
(b) Whose work is either paid
or unpaid.
(2) "Cabinet"
is defined by the
KRS
199.011(3) and
199.894(1).
(3) "Child" is defined by
KRS
199.011(4).
(4) "Contract substitute staff member" means
a person who temporarily assumes the duties of a regular staff person, meets
the requirements established in Section 11 of this administrative regulation,
and receives payment from a contract entity rather than the child care
center.
(5) "Corporal physical
discipline" is defined by
KRS
199.896(18).
(6) "Developmentally appropriate" means
suitable for the specific age range and abilities of a child.
(7) "Family child-care home" is defined by
KRS
199.894(5).
(8) "Health professional" means a person
actively licensed as a:
(a)
Physician;
(b) Physician
assistant;
(c) Advanced practice
registered nurse; or
(d) Registered
nurse as defined by
KRS
314.011(5) under the
supervision of a physician or advanced practice registered nurse.
(9) "Home" means the private
primary residence of the certified family child-care home provider and
contiguous property.
(10) "Infant"
means a child who is less than twelve (12) months of age.
(11) "Parent" is defined by
45
C.F.R. 98.2.
(12) "Parental or family participation" means
a family child-care home's provision of information or inclusion of a child's
parent in the child-care home's activities, including:
(a) Distribution of a newsletter;
(b) Distribution of a program
calendar;
(c) A conference between
the provider and the parent; or
(d)
Other activity designed to engage a parent in the program's
activities.
(13)
"Pediatric abusive head trauma" is defined by
KRS
620.020(8).
(14) "Premises" means the building and
contiguous property in which child care is certified.
(15) "Preschool-age" means a child who is
older than a toddler and younger than school-age.
(16) "Provider" means an owner, operator, or
person who:
(a) Cares for a child in the
provider's own home;
(b) Is not
required to be licensed under 922 KAR 2:090; and
(c) Meets the requirements of Section 2 of
this administrative regulation.
(17) "Related" means having one (1) of the
following relationships with the provider:
(a)
Child;
(b) Grandchild;
(c) Niece;
(d) Nephew;
(e) Sibling;
(f) Step-child; or
(g) Child in legal custody of the
provider.
(18)
"School-age child" means a child who meets the age requirements of
KRS
158.030 or who attends kindergarten,
elementary, or secondary education.
(19) "Toddler" means a child between the age
of twelve (12) months and thirty-six (36) months.
Section 2. Certification Process.
(1) The cabinet or its designee shall be
responsible for certifying a family child-care home.
(2) An applicant for certification shall:
(a) Show proof by photo identification or
birth certificate that the individual is at least eighteen (18) years of
age;
(b) Obtain commercial
liability insurance of at least $50,000 per occurrence; and
(c) Submit within ninety (90) days of
initiation of the application process:
1. A
completed OIG-DRCC-03, Initial Certification Application for Family Child-Care
Home;
2. A nonrefundable
certification fee of ten (10) dollars pursuant to
KRS
199.8982(1)(b);
3. Written documentation from the local
authority showing the child-care home is in compliance with local zoning
requirements;
4. Documentation of
the requirements of
KRS
199.8982(1)(a) 1 through 3
and 5;
5. Background checks
completed in accordance with 922 KAR 2:280; and
6. A physician's statement documenting that
the family child-care home provider's health is satisfactory for operation of a
family child-care home, including that the provider is free of active
tuberculosis.
(3) An applicant for certification shall have
a:
(a) High school diploma, general
equivalency diploma (GED), or documentation from a comparable educational
entity; or
(b) Commonwealth Child
Care Credential in accordance with 922 KAR 2:250.
(4) An applicant shall be currently certified
by an agency approved in accordance with 922 KAR 2:240 in infant and child:
(a) Cardiopulmonary resuscitation (CPR);
and
(b) First aid.
(5) An adult living in the home of
the applicant, present during the hours of operation, or having unsupervised
contact with a child in care, and the applicant's assistant shall:
(a) Complete background checks in accordance
with 922 KAR 2:280; and
(b) Submit
a copy of negative tuberculin results or a health professional's statement
documenting that the adult is free of active tuberculosis.
(6) If an adult other than an adult listed on
the initial application begins living in the provider's home, present during
the hours of operation or having unsupervised contact with a child in care, the
adult shall submit to background and health checks within thirty (30) calendar
days of residence within the household.
(7) Upon receipt of a completed application
for certification, and a nonrefundable certification fee pursuant to
KRS
199.8982(1)(b), cabinet
staff shall:
(a) Review and process the
application; and
(b) Conduct an
unannounced inspection of the home pursuant to
KRS
199.8982(1)(b), including
review of the evacuation plan in accordance with Section 19(7) of this
administrative regulation.
(8) If the requirements of 922 KAR 2:280,
subsections (1) through (7) of this section, and Sections 10 through 20 of this
administrative regulation have been met, an applicant shall be certified as
described in
KRS
199.8982.
(9) Within three (3) months of submission to
the cabinet of a complete OIG-DRCC-03, an applicant shall:
(a) Demonstrate completion of six (6) hours
of cabinet-approved training in accordance with
KRS
199.8982(1)(a) 6;
and
(b) Develop and implement a
written plan for obtaining nine (9) hours of annual cabinet-approved training
as required in Section 10(1) of this administrative regulation.
(10)
(a) A family child-care home certificate
shall:
1. Be displayed in a prominent place,
as required by
KRS
199.8982(1)(c);
2. Contain the:
a. Name and address of the child care
provider;
b. Maximum number of
unrelated children who may be served;
c. Identification number; and
d. Effective and expiration dates;
and
3. Be valid for only
the:
a. Name of the individual authorized on
the certificate to operate a family child-care home; and
b. Residential address printed on the
certificate.
(b) A certified family child-care home whose
certificate is suspended or revoked shall:
1.
Receive a new certificate indicating that the provider is under adverse action;
and
2. Post the new certificate in
accordance with paragraph (a) of this subsection.
(11) A change of location shall
require:
(a) A ten (10) calendar day
notice;
(b) A completed
OIG-DRCC-03;
(c) An inspection of
the new home; and
(d) Continued
compliance with this administrative regulation.
Section 3. Renewal of Certification.
(1) A family child-care certification shall
expire two (2) years from the date of issuance unless the certificate holder
meets the requirements of subsection (2) of this section. A certificate that
expires shall lapse and shall not be subject to appeal.
(2) A family child-care home provider shall
submit one (1) month prior to expiration of the provider's certification:
(a) A completed OIG-DRCC-04, Certified Family
Child-Care Home Renewal Form;
(b) A
nonrefundable renewal fee of ten (10) dollars every two (2) years pursuant to
KRS
199.8982(1)(b);
(c) A physician's statement documenting that
the family child-care home provider's health is satisfactory for continued
operation of a family child-care home; and
(d) Proof that the family child-care home
provider continues to meet the minimum requirements specified in Sections 2, 3,
and 10 through 20 of this administrative regulation.
(3) The cabinet shall:
(a) Review and process the OIG-DRCC-04
submitted in accordance with subsection (2) of this section;
(b) Conduct an unannounced inspection of the
home pursuant to
KRS
199.8982(1)(b);
and
(c) Approve the family
child-care home within fifteen (15) calendar days of receipt of the OIG-DRCC-04
submitted in accordance with subsection (2) of this section if the requirements
in Sections 2, 3, and 10 through 20 of this administrative regulation are
met.
(4) The cabinet
shall conduct an annual unannounced inspection of the home pursuant to
KRS
199.8982(1)(b) and
42 U.S.C.
9858c(c)(2)(K).
Section 4. Statement of Deficiency
and Corrective Action Plans.
(1) If the
cabinet finds a provider noncompliant with Sections 2, 3, or 10 through 20 of
this administrative regulation, the cabinet or its designee shall complete a
written statement of deficiency.
(2) Except for a violation posing an
immediate threat, a family child-care home shall submit a written corrective
action plan to the cabinet or its designee within ten (10) calendar days from
receipt of the statement of deficiency to eliminate or correct the regulatory
violation.
(3) A corrective action
plan shall include:
(a) Specific action
undertaken to correct a violation;
(b) The date action was or shall be
completed;
(c) Action utilized to
assure ongoing compliance;
(d)
Supplemental documentation requested as a part of the plan; and
(e) Signature of the provider and the date of
signature.
(4) The
cabinet or its designee shall review the plan and notify a family child-care
home within thirty (30) calendar days from receipt of a plan, in writing, of
the decision to:
(a) Accept the
plan;
(b) Not accept the plan;
or
(c) Deny, suspend, or revoke the
family child-care home's certification in accordance with Section 5, 6, 7, or 8
of this administrative regulation.
(5) A notice of unacceptability shall state
the specific reasons a plan was not accepted.
(6) A family child-care home notified of an
unaccepted plan shall:
(a) Submit an amended
plan within fifteen (15) calendar days of notification; or
(b) Have its certification revoked or denied
for failure to:
1. Submit an acceptable
amended plan; or
2. Implement
corrective measures identified in the corrective action plan.
(7) If a family
child-care home fails to submit an acceptable corrective action plan or does
not implement corrective measures in accordance with the corrective action
plan, the cabinet shall deny or revoke a provider's certification.
(8) The cabinet shall not review or accept
more than three (3) corrective action plans from a family child-care home in
response to the same written statement of deficiency.
(9) An administrative regulatory violation
reported on a statement of deficiency that poses an immediate threat to the
health, safety, or welfare of a child shall be corrected by the family
child-care home provider within five (5) working days of
notification.
(10) The voluntary
relinquishment of a family child-care home's certification shall not preclude
the cabinet's pursuit of adverse action.
Section 5. Denial of Application for
Certification.
(1) An application for initial
certification as a family child-care home shall be denied if the applicant, an
assistant, or an adult residing in the household has a history of behavior that
may impact the safety or security of a child in care including:
(a) A disqualifying criterion or background
check result in accordance with 922 KAR 2:280; or
(b) Other behavior or condition indicating
inability to provide reliable care to a child.
(2) An application for certification as a
family child-care home provider shall be denied if the applicant or certificate
holder:
(a) Fails to comply with the minimum
certification standards specified in Sections 10 through 20 of this
administrative regulation and
KRS
199.8982;
(b) Knowingly misrepresents or submits false
information on the application or other form required by the cabinet or its
designee;
(c) Refuses, during the
hours of operation, access by:
1. A parent of
a child in care, the cabinet, the cabinet's designee, or another agency with
regulatory authority to:
a. A child in care;
or
b. The provider's premises;
or
2. The cabinet, the
cabinet's designee, or another agency with regulatory authority to the
provider's records;
(d)
Is placed on a directed plan of correction more than two (2) times in a three
(3) year period; or
(e) Has been
discontinued or disqualified from participation in:
1. The Child Care Assistance Program
established by 922 KAR 2:160, including an intentional program violation in
accordance with 922 KAR 2:020; or
2. Another governmental assistance program
due to fraud, abuse, or criminal conviction related to that program.
(3) Effect of previous
denial or revocation.
(a) If an applicant has
had a previous child care registration, certification, or license subject to
denial, revocation, or voluntary relinquishment pending an investigation or
adverse action, the cabinet shall grant the applicant a certificate to operate
a family child-care home if:
1. A seven (7)
year period has expired from the:
a. Date of
the prior notice of denial or revocation; or
b. Date the certification, license, or
registration was voluntarily relinquished as a result of an investigation or a
pending adverse action; and
2. The applicant has:
a. The proven ability to comply with the
provisions of this administrative regulation and
KRS
199.8982;
b. Completed, since the time of the prior
denial or revocation, sixty (60) hours of cabinet-approved training in
developmentally appropriate child care practice; and
c. Not had an application, registration,
certificate, or license to operate as a child care provider denied or revoked
for:
(i) A disqualifying criterion or
background check result in accordance with 922 KAR 2:280; or
(ii) Discontinuation or disqualification from
participation in the Child Care Assistance Program established by 922 KAR
2:160, including an intentional program violation in accordance with 922 KAR
2:020, or another governmental assistance program due to fraud, abuse, or
criminal conviction related to that program.
(b) If a certificate is granted
after the seven (7) year period specified in paragraph (a) of this subsection,
the provider shall serve a two (2) year probationary period during which the
home shall be inspected on at least a quarterly basis.
Section 6. Directed Plan of
Correction (DPOC).
(1) If the cabinet
determines that a certified family child-care home provider is in violation of
this administrative regulation or 922 KAR 2:280, based on the severity of the
violation, the cabinet:
(a) Shall enter into
an agreement with the provider directing the requirements for remedying a
violation and achieving compliance;
(b) Shall notify or require the provider to
notify a parent of a child who may be affected by the situation for which a
DPOC has been imposed;
(c) Shall
increase the frequency of monitoring by cabinet staff to verify the
implementation of the DPOC;
(d) May
require the certified family child-care home to participate in additional
training; and
(e) May amend the
agreement with the certified family child-care home if the cabinet identifies
an additional violation during the DPOC period.
(2) A DPOC shall result in a suspension or
revocation of certification or shall be modified to impose additional
requirements if a certified family child-care home provider:
(a) Fails to meet a condition of the DPOC;
or
(b) Violates a requirement of
the DPOC.
Section
7. Suspension. The cabinet shall take emergency action in
accordance with
KRS
13B.125.
(1)
An emergency order issued pursuant to this section shall:
(a) Be served to a certified family
child-care home provider in accordance with
KRS
13B.050(2); and
(b) Specify the regulatory violation that
caused the emergency condition.
(2) Upon receipt of an emergency order, a
provider shall surrender the certificate of operation to the cabinet.
(3) The cabinet or its designee and the
provider shall make reasonable efforts to:
(a)
Notify a parent of each child in care of the suspended provider; and
(b) Refer a parent for assistance in locating
alternate child care arrangements.
(4) A certified family child-care home
required to comply with an emergency order issued in accordance with this
section may submit a written request for an emergency hearing within twenty
(20) calendar days of receipt of the order to determine the propriety of the
certification's suspension.
(5) The
cabinet shall conduct an emergency hearing within ten (10) working days of the
request for hearing in accordance with
KRS
13B.125(3).
(6)
(a)
Within five (5) working days of completion of the hearing, the cabinet's
hearing officer shall render a written decision affirming or reversing the
emergency order to suspend certification.
(b) The emergency order shall be affirmed if
there is substantial evidence of an immediate threat to public health, safety,
or welfare.
(7) A
provider's certification shall be revoked if the condition that resulted in the
emergency order is not corrected within thirty (30) calendar days of service of
the emergency order.
Section
8. Revocation.
(1) A family
child-care home provider's certification shall be revoked if a provider:
(a) Knowingly misrepresents or submits false
information on the application or other form required by the cabinet or its
designee;
(b) Interferes with a
cabinet representative's ability to perform an official duty;
(c) Refuses, during the hours of operation,
access by:
1. A parent of a child in care,
the cabinet, the cabinet's designee, or another agency with regulatory
authority to:
a. A child in care;
or
b. The provider's premises;
or
2. The cabinet, the
cabinet's designee, or another agency with regulatory authority to the
provider's records;
(d)
Is convicted of, or enters an Alford or guilty plea to, a criminal charge that
threatens the health, safety, or welfare of a child in care;
(e) Is unable to operate a family child-care
home due to a medical condition;
(f) Does not meet the requirements of
KRS
199.8982(1) or Sections 2,
3, and Sections 10 through 20 of this administrative regulation;
(g) Is placed on a directed plan of
correction more than two (2) times in a three (3) year period; or
(h) Has been discontinued or disqualified
from participation in:
1. The Child Care
Assistance Program established by 922 KAR 2:160, including an intentional
program violation in accordance with 922 KAR 2:020; or
2. Another governmental assistance program
due to fraud, abuse, or criminal conviction related to that program.
(2)
(a) If the cabinet determines that a
condition of subsection (1) of this section exists, the cabinet or its designee
shall send a written notice of its intention to revoke the certificate to the
family child-care home by personal service delivery or through certified
mail.
(b) Subsequent to the notice
provided in accordance with paragraph (a) of this subsection, a family
child-care home's failure to request an appeal pursuant to Section 9 of this
administrative regulation shall result in the final determination revoking the
home's certification.
(3) The notice of revocation shall:
(a) Explain the reason for the
revocation;
(b) Specify that the
child care provider shall cease operation as a certified family child-care home
upon revocation;
(c) Advise the
family child-care home provider of the right to request an appeal on an
OIG-DRCC-05, Certified Family Child-Care Home Request for Appeal, prior to the
effective date of the revocation;
(d) Specify that revocation shall be stayed
if an appeal is requested; and
(e)
Require the family child-care home provider to surrender the certificate of
operation to cabinet staff when the revocation becomes effective.
(4) If a provider's certification
has been revoked, the cabinet or its designee and the provider shall make
reasonable efforts to:
(a) Notify a parent of
each child in care; and
(b) Refer
the parent for assistance in locating alternate child care
arrangements.
Section
9. Appeal of Denials, Suspension, and Revocation.
(1) If the cabinet denies certification,
suspends certification, or revokes certification, the family child-care home
provider may request an appeal by completing an OIG-DRCC-05 within twenty (20)
calendar days of receipt of the notice of adverse action.
(2) Upon request of the appeal, the provider
shall be afforded a hearing in accordance with KRS Chapter 13B.
(3) If a final order from an administrative
hearing does not uphold a suspension, the provider may resume providing child
care.
Section 10.
Standards for the Provider.
(1)
(a) Between July 1 and June 30 of the
following calendar year, a provider shall complete at least nine (9) hours of
cabinet-approved early care and education training beginning the second year of
operation, including one and one-half (1 1/2) hours of cabinet-approved
pediatric abusive head trauma training in accordance with
KRS
199.8982(2) to be completed:
1. Within the second year of employment or
operation in child care; and
2.
Every subsequent five (5) years of employment or operation in child
care.
(b) A provider or
assistant's compliance with the training in accordance with paragraph (a) of
this subsection or subsection (8) of this section shall be verified through the
cabinet-designed database maintained pursuant to 922 KAR 2:240.
(2) A provider shall not provide
care for more unrelated children than the number authorized on the certificate
of operation.
(3) A provider shall
have an assistant present if the provider cares for more than:
(a) Four (4) infants, including the
provider's own or related infants; or
(b) Six (6) children under the age of six (6)
years old, including the provider's own or related children.
(4) The maximum number of
unrelated children in the care of a certified family child-care home provider
shall not exceed six (6) at any one (1) time. A provider may care for four (4)
related children in addition to six (6) unrelated children for a maximum child
care capacity of ten (10) at any one (1) time.
(5) If a provider operates the in-home child
care business for twenty-four (24) consecutive hours, the provider shall:
(a) Receive an eight (8) hour period of
respite after working sixteen (16) consecutive hours during a twenty-four (24)
hour period; and
(b) Employ an
assistant during the period of respite.
(6) Prior to being left alone with a child,
an assistant shall be certified by a cabinet-approved agency in infant and
child:
(a) CPR; and
(b) First aid.
(7) An assistant shall be:
(a) Eighteen (18) years of age or
older;
(b) Under supervision of a
provider;
(c) Used for providing
care in a certified family child-care home; and
(d) Used in the absence of the certified
provider.
(8) An
assistant used in excess of fourteen (14) calendar days during a one (1) year
period shall demonstrate completion of at least nine (9) hours of
cabinet-approved training between July 1 and June 30 of the following calendar
year beginning the second year of employment, including:
(a) Six (6) hours of cabinet-approved
training in accordance with
KRS
199.8982(2); and
(b) Pediatric abusive head trauma training
pursuant to
KRS
199.8982(2), in accordance
with subsection (1) of this section.
(9) If a provider, an assistant, or a member
in a provider's household is named as the alleged perpetrator in a child abuse
or neglect report accepted by the cabinet in accordance with 922 KAR 1:330, the
individual shall be removed from direct contact with a child in care:
(a) For the duration of the investigation;
and
(b) Pending completion of an
administrative appeal process for a cabinet substantiation of child abuse or
neglect in accordance with 922 KAR 1:320 or 922 KAR 1:480.
(10) During hours of operation, a provider
and another person in the home shall:
(a) Be
free of the influence of alcohol or a controlled substance except for use of a
controlled substance as prescribed by a physician; and
(b) Prohibit smoking or vaping in the
presence of children in care.
(11) During a provider's absence, an
assistant shall be physically present with a child in care during hours of
operation.
(12) A provider shall:
(a) Not be employed outside of the home
during regular hours of operation; and
(b) Maintain daily attendance records
documenting the arrival and departure time of each child, including records
that are required in accordance with 922 KAR 2:160, Section 14, if a child
receives services from the provider through the Child Care Assistance
Program.
Section
11. Contract Substitute Staff Member Requirements.
(1) A contract substitute staff member shall:
(a) Comply with the training requirements
established in Section 10 of this administration regulation;
(b) Be employed by an outside agency and
provide the required documentation to verify the contractual agreement between
the certified child-care home and the outside agency;
(c) Provide a hard copy file containing all
required staff records to be kept on-site at the certified child-care home and
maintained at the home for five (5) years;
(d) Be entered into the cabinet-designated
database as a staff member of the outside organization in accordance with 922
KAR 2:240;
(e) Be the
responsibility of the certified child-care home while working on-site;
and
(f) Have supervisory authority
over a child only if the requirements of 922 KAR 2:280 and this administrative
regulation are met.
(2)
Except for an employee of a child-care center program authorized by
42 U.S.C.
9831-9852,
an owner or employee of a contract agency possessing a Kentucky Early Care and
Education Trainer's Credential shall not train an employee of the same contract
agency in order to meet the training requirements established in:
(a)
KRS
199.8982(1)(a) 6 and (2),
922 KAR 2:180, 922 KAR 2:240, 922 KAR 2:250, 922 KAR 2:270, or this
administrative regulation; or
(b) A
child development associate credential.
Section 12. The General Requirements of the
Family Child-Care Home Environment.
(1) A
provider's home and each play area used for child care shall:
(a) Be free from risk of harm in accordance
with the requirements of this administrative regulation; and
(b) Have adequate:
1. Heating and cooling;
2. Light; and
3. Ventilation.
(2) Each floor level used for
child care shall have at least one (1):
(a)
Unblocked exit to the outside;
(b)
Smoke detector;
(c) Fire
extinguisher; and
(d) Carbon
monoxide detector if the home:
1. Uses fuel
burning appliances; or
2. Has an
attached garage.
(3) The areas of the home that are accessible
to children in care shall be free from items harmful to children including the
following items:
(a) Cleaning supplies,
poisons, paints, and insecticides;
(b) Knives, scissors, and sharp
objects;
(c) Power tools, lawn
mowers, hand tools, nails, and other equipment;
(d) Matches, cigarettes, lighters,
combustibles, and flammable liquids;
(e) Plastic bags; and
(f) Litter and rubbish.
(4) Alcohol shall:
(a) Not be consumed by any person on the
certified family child-care home's premises during hours of operation;
and
(b) Be kept out of reach and
sight of a child in care.
(5) In accordance with
KRS
527.070(1), firearms and
ammunition shall be stored away from the presence of children, in separate
locked containers, which, in order to be opened, require a:
(a) Key; or
(b) Combination.
(6) Electrical outlets not in use shall be
covered.
(7) An electric fan, floor
furnace, or freestanding heater or fireplace shall:
(a) Be out of the reach of a child;
or
(b) Have a safety guard to
protect a child from injury.
(8) A certified family child-care home shall
have:
(a) At least one (1) accessible and
working telephone on each level used for child care while a child in care is
present on that level; and
(b) A
list of emergency numbers posted on each level used for child care or
maintained in the contacts of each telephone, including numbers for the:
1. Police;
2. Fire station;
3. Emergency medical care and rescue squad;
and
4. Poison control
center.
(9)
Equipment and toys shall be:
(a) Designated by
the manufacturer as developmentally appropriate to the age of children in
care;
(b) In sufficient quantity
for the number of children in care; and
(c) Safe, sound, clean, and in good
repair.
(10) Stairs and
steps used for children in care shall be:
(a)
Solid;
(b) Safe; and
(c) Railed.
(11) If an infant or toddler is in the care
of a provider, indoor stairs with more than two (2) steps shall be
blocked.
(12) Exclusive of the
bathroom and storage area, an indoor area, including furnishings, used for
child care shall contain at least thirty-five (35) square feet per child for:
(a) Play; and
(b) Activities that meet the developmental
needs of the children in care.
(13) An outdoor play area shall be free of
unavoidable danger or risk.
(14)
Each child in an outdoor play area shall be under the direct supervision of the
provider or assistant.
(15) Outdoor
stationary play equipment shall be:
(a)
Securely anchored;
(b)
Developmentally appropriate; and
(c) Safe.
(16) A trampoline shall not be accessible to
a child in the care of a provider.
(17) A swimming pool on the premises shall:
(a) Be maintained and free of debris and body
waste;
(b) Have a water filtering
system or be emptied daily;
(c) Be
supervised when in use; and
(d) Be
inaccessible to a child when not in use.
(18) An above-ground pool shall have:
(a) A stationary wall no less than four (4)
feet tall; and
(b) Hand holds or
foot holds that are inaccessible when the pool is not in use.
(19) A fire drill shall be:
(a) Conducted during hours of operation at
least monthly; and
(b)
Documented.
(20) An
earthquake drill and a tornado drill shall be:
(a) Conducted during hours of operation at
least quarterly; and
(b)
Documented.
(21) A
family child-care home shall:
(a) Be
clean;
(b) Be
uncluttered;
(c) Be free of insects
and rodents;
(d) Have a water
supply that is:
1. Potable;
2. Adequate; and
3. From an approved public water supply;
and
(e) Have bathrooms,
including toilets, sinks, and potty chairs that are:
1. Sanitary; and
2. In good working condition.
(22) Windows, doors,
and outer openings shall be screened to prevent the entrance of
vermin.
(23) Indoor and outdoor
garbage shall be stored in a waterproof container with a tight-fitting
cover.
(24) Playpens and play yards
shall:
(a) Meet the federal standards as
issued by the Consumer Product Safety Commission, including 16 C.F.R.
1221;
(b) Be manufactured for
commercial use; and
(c) Not be used
for sleeping or napping.
Section 13. Care Requirements for a Provider.
(1) A provider shall ensure the health,
safety, and comfort of each child.
(2)
(a)
Care for a child with a special need shall be consistent with the nature of the
need as documented by the child's health professional.
(b) A child may include a person eighteen
(18) years of age if the person has a special need for which child care is
required.
(3) Television
or video viewing by a child shall be limited to:
(a) Two (2) hours daily;
(b) The planned program activities;
and
(c) Developmentally appropriate
child-related content, as designated by standardized content
guidelines.
(4) A child
shall:
(a) Wash hands with liquid soap and
warm running water:
1. Before and after
eating or handling food;
2. After
toileting or diaper change;
3.
After handling animals;
4. After
touching an item or an area of the body soiled with body fluids or waste;
and
5. After outdoor and indoor
play time; or
(b) Use
hand sanitizer or hand-sanitizing wipes if liquid soap and warm running water
are not available in accordance with paragraph (a) of this subsection. The
child shall wash the child's hands as soon as practicable once liquid soap and
warm running water are available.
(5) A provider and an assistant shall:
(a) Wash hands with liquid soap and warm
running water:
1. Before and after diapering a
child;
2. Before and after feeding
a child;
3. After toileting or
assisting a child with toileting;
4. After handling animals;
5. Before dispensing medication;
6. After caring for a sick child;
7. After wiping or blowing a child's or own
nose; and
8. After smoking or
vaping; or
(b) Use hand
sanitizer or hand-sanitizing wipes if liquid soap and warm running water are
not available in accordance with paragraph (a) of this subsection. The provider
or assistant shall wash the provider or assistant's hands as soon as
practicable once liquid soap and warm running water are available.
(6) A provider shall ensure that a
child does not share:
(a) Cups;
(b) Eating utensils;
(c) Wash cloths;
(d) Towels; and
(e) Toiletry items.
(7) An infant shall sleep and nap on the
infant's back unless the infant's health professional signs a waiver that
states the infant requires an alternate sleeping position.
(8) Rest time shall be provided for each
child who is not school-age and who is in care for more than four (4)
hours.
(9) Rest time shall include
adequate space specified by the child's age as follows:
(a) For an infant:
1. An individual non-tiered crib that meets
Consumer Product Safety Commission standards established in 16 C.F.R.
1219-1220;
2. A firm crib mattress
in good repair with a clean tight-fitted sheet that is changed:
a. Weekly; or
b. Immediately if it is soiled or
wet;
3. No loose
bedding, such as a bumper or a blanket; and
4. No toys or other items except for the
infant's pacifier; or
(b) For a toddler or preschool-age child:
1. An individual bed, a two (2) inch thick
waterproof mat, or cot in good repair; and
2. Bedding that is in good repair and is
changed:
a. Weekly; or
b. Immediately if it is soiled or
wet.
(10) Rest time shall not exceed two (2) hours
for a preschool-age child unless the child is attending nontraditional hours or
is sick.
(11) A child who does not
sleep shall be permitted to play quietly and be visually supervised.
(12) If overnight care is provided, a
provider or an assistant shall:
(a) Remain
awake until every child in care is asleep; and
(b) Sleep on the same floor level of the home
as an infant or toddler.
(13) A certified family child care home shall
provide a daily planned program:
(a) That is
available to a parent of a child in care or the cabinet upon request;
(b) Of activities that are developmentally
appropriate for each child served;
(c) That provides experience to promote the
individual child's physical, emotional, social, and intellectual growth and
well-being; and
(d) That offers a
variety of creative activities, such as:
1.
Art or music;
2. Math or
numbers;
3. Dramatic
play;
4. Stories and
books;
5. Science or
nature;
6. Block building or
stacking;
7. Tactile or sensory
activity;
8. Multi-cultural
exposure;
9. Indoor or outdoor play
in which a child makes use of both small and large muscles;
10. A balance of active and quiet play,
including group and individual activity; and
11. An opportunity for a child to:
a. Have some free choice of
activities;
b. If desired, play
apart from the group at times; and
c. Practice developmentally appropriate
self-help procedures in respect to:
(i)
Clothing;
(ii) Toileting;
(iii) Hand-washing; and
(iv) Eating.
(14) Except for a
school-aged child whose parent has given written permission and whose
whereabouts are known, a child shall not be permitted off the premises of a
family child-care home without a caregiver.
(15) Use of corporal physical discipline
shall be prohibited pursuant to
KRS
199.896(18).
(16) A child shall be released from a family
child-care home to:
(a) The child's custodial
parent;
(b) The person designated
in writing by the parent to receive the child; or
(c) In an emergency, a person designated over
the telephone by the parent.
Section 14. Toilet and Diapering
Requirements.
(1) A toilet room shall:
(a) Have an adequate supply of toilet paper;
and
(b) Be cleaned and disinfected
daily.
(2) A sink shall
be:
(a) Located near or in close proximity to
toilets;
(b) Equipped with hot and
cold running water that allows for hand washing;
(c) Equipped with hot water at a minimum
temperature of ninety (90) degrees Fahrenheit and a maximum of 120 degrees
Fahrenheit;
(d) Equipped with
liquid soap and single use, disposable hand drying material;
(e) Equipped with an easily cleanable,
covered waste receptacle; and
(f)
Near or in close proximity to a changing area used for infants and
toddlers.
(3) Each
toilet shall:
(a) Be kept in clean
condition;
(b) Be kept in good
repair;
(c) Be in a lighted room;
and
(d) Have ventilation.
(4) Toilet training shall be
coordinated with the child's parent.
(5) An adequate quantity of freshly laundered
or disposable diapers and clean clothing shall be available.
(6) If a toilet training chair is used, the
chair shall be:
(a) Emptied promptly;
and
(b) Disinfected after each
use.
(7) Diapers or
clothing shall be:
(a) Changed when soiled or
wet;
(b) Stored in a covered leak
proof container temporarily; and
(c) Washed or disposed of at least once a
day.
(8) The proper
methods of diapering and hand-washing shall be available at each diaper
changing area.
(9) If a child is
being diapered, the child shall:
(a) Not be
left unattended; and
(b) Be placed
on a surface that is:
1. Clean;
2. Padded;
3. Free of holes, rips, tears, or other
damage;
4. Nonabsorbent;
5. Easily cleaned; and
6. Free of items not used for diaper
changing.
(10) Unless another cleaning method is
authorized by the child's parent or prescribed by a physician, individual
disposable washcloths shall be used to thoroughly clean the affected area of a
child.
(11) A provider or an
assistant shall disinfect the diapering surface after each child is
diapered.
(12) If a provider or an
assistant wear disposable gloves, the gloves shall be changed and disposed of
after each child is diapered.
Section
15. Food Requirements.
(1) A
provider and an assistant shall:
(a) Use
sanitary procedures when preparing and serving food;
(b) Refrigerate perishable food and
beverages; and
(c) Serve:
1. Breast milk or iron-fortified formula to a
child:
a. Age birth to twelve (12) months;
or
b. Beyond twelve (12) months of
age as documented by the parent or the child's physician;
2. Pasteurized whole milk to a child age
twelve (12) months to twenty-four (24) months; or
3. Pasteurized skim or low fat one (1)
percent milk to a child age twenty-four (24) months to school-age.
(2) Water shall be:
(a) Available to a child in care;
and
(b) Served in addition to meal
requirements if a child requests throughout the day.
(3) A certified family child-care home shall
offer each child the same food items unless the child's parent or health
professional documents a dietary restriction that necessitates an alternative
food item for the child.
(4) Second
servings shall be available to a child.
(5) Food shall not be:
(a) Used for:
1. Reward; or
2. Discipline; or
(b) Withheld until all other food items are
consumed.
(6) Meals
shall:
(a) Be served in an amount appropriate
to the age of the child;
(b)
Include appropriate types of food according to the age of the child;
(c) Not be served during television or video
viewing;
(d) Be served every two
(2) to three (3) hours; and
(e) Be
served to a child:
1. Seated with sufficient
room to manage food and tableware; and
2. Supplied with individual eating utensils
designed for use by a child.
(7) Breakfast shall include:
(a) Milk;
(b) A whole grain or an enriched grain bread;
and
(c) Fruit, vegetable, or 100
percent juice.
(8) A
snack shall include two (2) of the following:
(a) Milk;
(b) Protein source;
(c) Fruit, vegetable, or 100 percent juice;
or
(d) A whole grain or an enriched
grain bread.
(9) Lunch
and dinner shall include:
(a) Milk;
(b) Protein source;
(c)
1. Two (2)
vegetables;
2. Two (2) fruits;
or
3. One (1) fruit and one (1)
vegetable; and
(d) A
whole grain or an enriched grain bread.
(10) A weekly menu shall be:
(a) Prepared;
(b) Dated;
(c) Available to a parent of a child in care
or the cabinet upon request; and
(d) Kept on file for thirty (30) calendar
days.
(11) Substitutions
to a weekly menu shall be noted on the day the meal is served.
(12) Unless provided as part of the fee for
child care or the provider is a participant in the food program, an infant's
formula shall be prepared, labeled, and provided by the parent.
(13) Each child's bottle shall be:
(a) Labeled;
(b) Covered; and
(c) Refrigerated.
(14) The refrigerator shall:
(a) Be in working order; and
(b) Maintain a product temperature at or
below forty-five (45) degrees Fahrenheit.
(15) Except if thawed for preparation or use,
frozen food shall be kept at a temperature of zero degrees Fahrenheit as
verified by a thermometer in the freezer.
(16) While bottle-feeding an infant, the:
(a) Child shall be held; and
(b) Bottle shall not be:
1. Propped;
2. Left in the mouth of a sleeping infant;
or
3. Heated in a
microwave.
(17) A certified family child-care home shall
meet requirements of subsections (1)(c) and (7) through (9) of this section if
the provider participates in the Child and Adult Food Care Program and meets
meal requirements specified in
7 C.F.R.
226.20.
Section 16. Medication and First Aid.
(1) Medication, including medicine that
requires refrigeration, shall be stored in a locked container or area with a
lock unless the medication is:
(a) A first aid
supply. A first aid supply shall be maintained in accordance with subsection
(4) of this section;
(b) Diaper
cream, sunscreen, or toothpaste. Diaper cream, sunscreen, or toothpaste shall
be inaccessible to a child in care;
(c) An epinephrine auto-injector. A family
child-care home shall comply with
KRS
199.8951, including:
1. An epinephrine auto-injector shall be
inaccessible to a child in care;
2.
A certified family child-care home provider shall have training on the
administration of an epinephrine auto-injector if the provider maintains an
epinephrine auto-injector for a child;
3. A certified family child-care home shall
seek emergency medical care for a child if an auto-injector is administered to
a child; and
4. A certified family
child-care home shall report to the child's parent and the cabinet in
accordance with subsection (6) of this section and Section 20(10) of this
administrative regulation if an epinephrine auto-injector is administered to a
child; or
(d) An
emergency or rescue medication for a child in care, such as medication to
respond to diabetic or asthmatic condition, as prescribed by the child's
physician. Emergency or rescue medication shall be inaccessible to a child in
care.
(2) Prescription
and nonprescription medication shall be administered to a child in care:
(a) With a written request of the child's
parent or the child's prescribing health professional; or
(b) In accordance with
KRS
311.646.
(3) Prescription and nonprescription
medications shall be:
(a) Labeled;
and
(b) Administered according to
directions or instructions on the label.
(4) A provider shall:
(a) Maintain first aid supplies that are
easily accessible for use in an emergency, and these supplies shall be
inaccessible to the children in care; and
(b) Wash superficial wounds with soap and
water before bandaging.
(5) First aid supplies shall include a
fully-equipped first aid kit containing the following non-expired items:
(a) Adhesive bandages;
(b) Sterile gauze;
(c) Medical tape;
(d) Scissors;
(e) Thermometer;
(f) Disposable gloves; and
(g) CPR mouthpiece.
(6) A provider shall provide immediate
notification of a medical emergency to a child's:
(a) Parent; or
(b) Emergency contact, if the parent is
unavailable.
(7) A
quiet, separate area that is easily supervised shall be provided for a child
too sick to remain with other children.
(8) A provider and an assistant shall:
(a) Be able to recognize symptoms of
childhood illnesses;
(b) Be able to
provide basic first aid; and
(c)
Maintain a child care program that assures affirmative steps are taken to
protect children from abuse or neglect pursuant to
KRS
600.020(1).
Section 17. Animals.
(1) An animal shall not be allowed in the
presence of a child in care:
(a) Unless:
1. The animal is under the supervision and
control of an adult;
2. Written
parental consent has been obtained; and
3. The animal is certified as vaccinated
against rabies; or
(b)
Except in accordance with subsection (3) of this section.
(2) A parent shall be notified in writing if
a child has been bitten or scratched by an animal.
(3) An animal that is considered
undomesticated, wild, or exotic shall not be allowed at a certified family
child-care home unless the animal is:
(a) A
part of a planned program activity led by an animal specialist affiliated with
a zoo or nature conservatory; and
(b) In accordance with
301 KAR
2:081 and
301 KAR
2:082.
Section 18. Transportation.
(1) If transportation is provided or arranged
by the certified family child-care home provider, the provider shall:
(a) Have written permission from a parent to
transport his or her child;
(b)
Have a car or van equipped with seat belts;
(c) Require that a child:
1. Be restrained in an appropriate safety
seat meeting state and federal motor vehicle safety standards in accordance
with
KRS
189.125 and
49 C.F.R.
571.213;
2. Remain seated while the vehicle is in
motion; and
3. If under thirteen
(13) years of age, be transported in the back seat;
(d) Have emergency and identification
information about each child in the vehicle if children are being transported;
and
(e) Conform to state laws
pertaining to vehicles, driver's license, and insurance pursuant to
KRS
186.020.
(2) A child shall not be left unattended:
(a) At the site of aftercare delivery;
or
(b) In a vehicle.
(3) A child shall not be left in a
vehicle while it is being repaired.
(4) The back of a pickup truck shall not be
used to transport a child.
(5)
Firearms, ammunition, alcohol, or illegal substances shall not be transported
in a vehicle transporting children.
(6) A vehicle shall not transport children
and hazardous materials at the same time.
(7) A vehicle transporting a child shall have
the headlamps on.
(8) If the driver
is not in the driver's seat, the:
(a) Engine
shall be turned off;
(b) Keys shall
be removed; and
(c) Emergency brake
shall be set.
(9) A
driver of a vehicle transporting a child for a certified provider shall:
(a) Be at least twenty-one (21) years
old;
(b) Complete:
1. The background checks described in Section
2(2)(c)5 or 2(5) of this administrative regulation; and
2. An annual check of the:
a. Kentucky driver history records in
accordance with
KRS
186.018; or
b. Driver history records through the state
transportation agency that issued the driver's license;
(c) Hold a current driver's
license that has not been suspended or revoked during the last five (5) years;
and
(d) Not caused an accident
which resulted in the death of a person.
(10) Based on the harm, threat, or danger to
a child's health, safety, and welfare, the cabinet shall pursue an adverse
action in accordance with Section 5, 6, 7, or 8 of this administrative
regulation:
(a) For a violation of this
section; or
(b) If the provider:
1. Fails to report an accident in accordance
with Section 20(10)(a) of this administrative regulation; or
2. Transports more passengers than the
vehicle's seating capacity and safety restraints can accommodate.
Section 19.
Records.
(1) A provider shall maintain:
(a) A current immunization certificate for
each child in care within thirty (30) days of the child's enrollment, unless an
attending physician or the child's parent objects to the immunization of the
child pursuant to
KRS
214.036;
(b) A written record for each child:
1. Completed and signed by the child's
parent;
2. Retained on file on the
first day the child attends the family child-care home; and
3. To contain:
a. Identifying information about the child,
which includes, at a minimum, the child's name, address, and date of
birth;
b. Contact information to
enable the provider to contact the child's:
(i) Parent at the parent's home or place of
employment;
(ii) Family physician;
and
(iii) Preferred
hospital;
c. The name of
each person who is designated in writing to pick-up the child;
d. The child's general health status and
medical history including, if applicable:
(i)
Allergies;
(ii) Restriction on the
child's participation in activities with specific instructions from the child's
parent or health professional; and
(iii) Permission from the parent for
third-party professional services in the family child-care home;
e. The name and phone number of
each person to be contacted in an emergency situation involving or impacting
the child;
f. Authorization by the
parent for the provider to seek emergency medical care for the child in the
parent's absence; and
g. A
permission form for each trip away from the family child-care home signed by
the child's parent in accordance with Section 18(1) of this administrative
regulation; and
(c) Daily attendance records documenting the
arrival and departure time of each child, including records that are required
in accordance with 922 KAR 2:160, Section 14, if a child receives services from
the provider through the Child Care Assistance Program.
(2) A certified family child-care home
provider shall maintain the confidentiality of a child's records.
(3) The cabinet shall provide, upon request,
public information pursuant to
KRS
199.8982(1)(d) and
(e).
(4) A certified family child-care home
provider shall:
(a) Report an incident of
suspected child abuse or neglect pursuant to
KRS
620.030; and
(b) Provide the cabinet access and
information in the completion of the investigation pursuant to
KRS
620.030.
(5) A certified family child-care home
provider shall maintain a written record of:
(a) Quarterly practiced earthquake drills and
tornado dills detailing the date, time, and participants in accordance with
Section 12(20) of this administrative regulation;
(b) Monthly practiced fire drills detailing
the date, time, and participants in accordance with Section 12(19) of this
administrative regulation; and
(c)
Reports to the cabinet that are required in accordance with Section 20(10) of
this administrative regulation.
(6) A certified family child-care home
provider shall keep all records for five (5) years.
(7)
(a) A certified
family child-care home provider shall have a written evacuation plan in the
(b) The cabinet shall post an
online template of an evacuation plan that:
1.
Fulfills requirements of
KRS
199.895;
2. Is optional for an applicant or a family
child-care home's use; and
3. Is
available to an applicant or a family child-care home without
charge.
Section
20. Certified Family Child-Care Home Program. The certified family
child-care home provider shall:
(1) Develop
written information that specifies the:
(a)
Rate for child care;
(b) Expected
frequency of payment for the program;
(c) Hours of operation; and
(d) Policy regarding:
1. Late fees;
2. Holidays;
3. Vacation;
4. Illness; and
5. Emergency pick up;
(2) Make available a copy of the
certification standards to each parent;
(3) Provide each parent with the name,
address, and telephone number of the cabinet for the purpose of registering a
complaint if the parent believes the family child-care home provider is not
meeting the standards;
(4) Post and
provide to each parent a copy of children and parent rights, as required by
KRS
199.898;
(5) Allow a parent, the cabinet, the
cabinet's designee, or another agency with regulatory authority access to the
family child-care home at any time a child is in care;
(6) Communicate with each child's parent
about the child's:
(a) Development;
(b) Activities;
(c) Likes; and
(d) Dislikes;
(7) Make available to a parent upon request:
(a) The staff to child ratios described in
Section 10 of this administrative regulation;
(b) The planned program of
activities;
(c) Each statement of
deficiency issued by the cabinet during the current certification
period;
(d) Each plan of correction
submitted by the certified family child-care home to the cabinet during the
current certification period; and
(e) Daily schedule including any trips
outside the family child-care home;
(8) Coordinate at least one (1) annual
activity involving parental or family participation;
(9) Maintain a written child care agreement
with each child's parent, including the name of each person designated by the
parent to pick up the child; and
(10) Report:
(a) The following to the cabinet within
twenty-four (24) hours from the time of discovery:
1. A communicable disease, which shall also
be reported to the local health department pursuant to
KRS
214.010;
2. An accident or injury to a child that
requires medical care;
3. An
incident that results in legal action by or against the family child-care home
that:
a. Affects:
(i) A child in care;
(ii) The provider;
(iii) An assistant; or
(iv) A member of the provider's household;
or
b. Includes the
provider's discontinuation or disqualification from a governmental assistance
program due to fraud, abuse, or criminal conviction related to that
program;
4. An incident
involving fire or other emergency, including a vehicular accident when the
provider is transporting a child receiving child care services; or
5. A report of child abuse or neglect that:
a. Has been accepted by the cabinet in
accordance with 922 KAR 1:330; and
b. Names the alleged perpetrator as the:
(i) Provider;
(ii) Provider's assistant; or
(iii) Member of the provider's
household;
(b) The death of a child to the cabinet
within one (1) hour;
(c) Temporary
or permanent closure as soon as practicable to the cabinet and the parent of a
child in the family child-care home; or
(d) A child care staff member meeting a
disqualifying criterion or background check result in accordance with 922 KAR
2:280.
Section
21. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "OIG-DRCC-03, Initial
Certification Application for Family Child-Care Home", 8/2018;
(b) "OIG-DRCC-04, Certified Family Child-Care
Home Renewal Form", 8/2018; and
(c)
"OIG-DRCC-05, Certified Family Child-Care Home Request for Appeal",
2018.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Department for Community-Based Services, Cabinet for Health and Family
Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through
Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
199.8982(1)(f)