199.8982 Family child-care home certification program -- When required --
1,171 words·~5 min read·
/ky/199-8982A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Requirements for certification -- Unannounced inspection -- Use of
information -- Authority to promulgate administrative regulations --
Hearing -- Emergency action -- Training -- Powers of local government in
regulation of certified family child-care homes.
(a)The cabinet shall establish a family child-care home certification program
which shall be administered by the department. A family child-care
provider shall apply for certification of the provider's home if the provider
is caring for four
(4)to six
(6)children unrelated to the provider. A family
child-care provider caring for three
(3)or fewer children may apply for
certification of the provider's home at the discretion of the provider.
Applicants for certification shall not have been found by the cabinet or a
court to have abused or neglected a child, and shall meet the following
minimum requirements:
1. Submit two
(2)written character references;
2. Provide a written statement from a physician or advanced practice
registered nurse that the applicant is in good health;
3. Submit to a criminal record check in accordance with KRS
199.8965;
4. Provide smoke detectors, a telephone, an adequate water supply,
sufficient lighting and space, and a safe environment in the
residence in which care is provided;
5. Provide a copy of the results of a tuberculosis risk assessment and
the results of any appropriate follow-up with skin testing or chest
X-ray for applicants who are determined to be at risk for developing
tuberculosis in accordance with the recommendations of the Centers
for Disease Control and Prevention within thirty
(30)days of the date
of application for certification; and
6. Demonstrate completion of a total of at least six
(6)hours of training
in the following areas within three
(3)months of application for
certification:
a. Basic health, safety, and sanitation;
b. Recognizing and reporting child abuse; and
c. Developmentally appropriate child-care practice.
(b)Initial applications for certification shall be made to the department. The
cabinet may promulgate administrative regulations to establish fees that
shall not exceed costs of the program to the cabinet, for proper
administration of the certification. The department shall issue a certificate
of operation upon inspecting the family child-care home and determining
the provider's compliance with the provisions of this section. The
inspection shall be unannounced. A certificate of operation issued
pursuant to this section shall not be transferable and shall be renewed
every two
(2)years for a fee that shall not exceed costs of the program to
the cabinet for renewal.
(c)A certified family child-care provider shall display the certificate of
operation in a prominent place within the residence in which care is
provided. The cabinet shall provide the certified family child-care provider
with written information explaining the requirements for a family day-care
provider and instructions on the method of reporting violations of the
requirements which the provider shall distribute to parents.
(d)Upon request of any person, the cabinet shall provide information
regarding the denial, revocation, suspension, or violation of any type of
day-care license of the family child-care provider. Identifying information
regarding children and their families shall remain confidential.
(e)The cabinet shall provide, upon request, public information regarding the
inspections of and the plans of correction for the family child-care home
within the past year. All information distributed by the cabinet under this
paragraph shall include a statement indicating that the reports as
provided under this paragraph from the past five
(5)years are available
from the family child-care home upon the parent's, custodian's,
guardian's, or other interested person's request.
(f)The cabinet shall promulgate administrative regulations in accordance
with KRS Chapter 13A which establish standards for the issuance,
monitoring, release of information under this section and KRS 199.896
and 199.898, renewal, denial, revocation, and suspension of a certificate
of operation for a family child-care home and establish criteria for the
denial of certification if criminal records indicate convictions that may
impact the safety and security of children in care. A denial, suspension, or
revocation of a certificate may be appealed, and upon appeal an
administrative hearing shall be conducted in accordance with KRS
Chapter 13B. If the cabinet has probable cause to believe that there is an
immediate threat to the public health, safety, or welfare, the cabinet may
take emergency action to suspend a certificate pursuant to KRS 13B.125.
The cabinet shall promulgate administrative regulations to impose
minimum staff-to-child ratios. The cabinet may promulgate administrative
regulations relating to other requirements necessary to ensure minimum
safety in family child-care homes. The cabinet shall develop and provide
an "easy-to-read" guide containing the following information to a family
child-care provider seeking certification of his home:
1. Certification requirements and procedures;
2. Information about available child-care training; and
3. Child-care food sponsoring organizations.
(2)Family child-care providers shall annually demonstrate to the department
completion of at least six
(6)hours of training in child development. These
hours shall include but are not limited to one and one-half (1.5) hours one
time every five
(5)years of continuing education in the recognition and
prevention of pediatric abusive head trauma, as defined in KRS 620.020.
Training in recognizing pediatric abusive head trauma may be designed in
collaboration with organizations and agencies that specialize in the prevention
and recognition of pediatric abusive head trauma approved by the secretary of
the Cabinet for Health and Family Services. The one and one-half (1.5) hours
of continuing education required under this section shall be included in the
current number of required continuing education hours.
(3)The cabinet shall, either through the development of or approval of, make
available a model training curriculum and training materials, including video
instructional materials, to cover the areas specified in subsection (1)(a)6. of this
section. The cabinet shall develop or approve the model training curriculum
and training materials to cover the areas specified in subsection (1)(a)6. of this
section.
(a)As used in this subsection "local government" means a city, county,
charter county, urban-county government, consolidated local government,
or unified local government.
(b)The provisions of this section shall supersede all local government
ordinances or regulations pertaining to the certification, licensure, and
training requirements related to the operation of family child-care homes
and no local government shall adopt or enforce any additional licensure,
certification, or training requirements specifically applicable to family
child-care homes in addition to those provided in this section. This
subsection shall not be interpreted or construed to exempt family
child-care homes from compliance with local government ordinances and
regulations that apply generally within the jurisdiction.
(c)Because the availability of adequate child-care as an essential business
is vital to the Commonwealth's state and local economies, by January 1,
2022, a local government that has adopted land use regulations pursuant
to KRS Chapter 100 shall specifically name family child-care homes in the
text of its zoning regulations to authorize the board of adjustments to
separately consider the applications of proposed family child-care homes
for conditional use permits within the residential zones of the planning unit
where they are not a fully permitted use pursuant to KRS 100.237.