75-7709. Licenses; contents; limitations; posting; inspections; temporary licenses or permits; access to premises; denial or revocation of license; procedure.

829 words·~4 min read·/ks/chapter-75/75-7709

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The director of the Kansas office of early childhood shall have the power to grant a license to a person to maintain a day care facility for children under 16 years of age. A license granted to maintain a day care facility shall state the name of the licensee, describe the particular premises in or at which the business shall be carried on, whether it shall receive and care for children, and the number of children that may be cared for at any one time. No greater number of children than is authorized in the license shall be kept on such premises, and the business shall not be carried on in a building or place not designated in the license. The license shall be kept posted in a conspicuous place on such premises, where the business is conducted. A license granted to maintain a day care facility shall have on its face an expiration sticker stating the date of expiration of the license.

(b)The director of the Kansas office of early childhood shall not grant a license in any case until careful inspection of the day care facility has been made according to the terms of this act and until such day care facility has complied with all the requirements of this act. The director of the Kansas office of early childhood may issue a temporary permit to operate for a period of not to exceed 90 days upon receipt of an initial application for license. The director of the Kansas office of early childhood may extend the temporary permit to operate for an additional period of not to exceed 90 days if an applicant is not in full compliance with this act but has made efforts toward full compliance.

(1)In all cases where the secretary for children and families deems it necessary, an investigation of the day care facility shall be made under the supervision of the secretary for children and families or other designated qualified agents. For that purpose and for any subsequent investigations, such agents shall have the right of entry and access to the premises of the facility and to any information deemed necessary for the completion of the investigation. In all cases where an investigation is made, a report of the investigation of such facility shall be filed with the director of the Kansas office of early childhood.

(2)In cases where neither approval nor disapproval can be given within a period of 30 days following a formal request for such a study, the director of the Kansas office of early childhood may issue a temporary license without a fee, pending final approval or disapproval of the center or facility.

(d)Whenever the director of the Kansas office of early childhood refuses to grant a license to an applicant, the director of the Kansas office of early childhood shall issue an order to that effect, stating the reasons for such denial and, within five days after the issuance of such order, notify the applicant of the refusal. Upon application and not more than 15 days after the date of issuance of such order, a hearing on the order shall be held in accordance with the Kansas administrative procedure act.

(e)When the director of the Kansas office of early childhood finds, upon investigation or is advised by the secretary for children and families, that K.S.A. 59-2123 , and amendments thereto, or this act are being violated or the day care facility is maintained without due regard to the health, safety or welfare of any child, the director of the Kansas office of early childhood may issue an order revoking such license after giving notice and the opportunity for a hearing in accordance with the Kansas administrative procedure act. Such order shall clearly state the reason for the revocation.

(f)If the director revokes or refuses to renew a license, the licensee who had a license revoked or not renewed shall not be eligible to apply for a license for a period of one year subsequent to the date such revocation or refusal to renew becomes final. If the director revokes or refuses to renew a license of a licensee who is a repeat violator for three or more times of statutory requirements or rules and regulations or is found to have contributed to the death or serious bodily harm of a child under such licensee's care, such licensee shall be permanently prohibited from applying for a new license to provide child care or from seeking employment under another licensee.

(g)Any applicant or licensee aggrieved by a final order of the director of the Kansas office of early childhood denying or revoking a license under this act may appeal the order in accordance with the Kansas judicial review act.

(h)This section shall take effect on and after July 1, 2026.