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;
(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, child,
and adult:
(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) In accordance with
KRS
199.8982(1)(a)(6),
demonstrate completion of six (6) hours of cabinet-approved pre-service
orientation training in the following topics:
1. Federal minimum health and safety
requirements established in 45 C.F.R.
98.41 related to:
a. Prevention and control of infectious
diseases, including immunization;
b. Prevention of sudden infant death syndrome
and use of safe sleeping practices;
c. Administration of medication, consistent
with standards for parental consent;
d. Prevention of and response to emergencies
due to food and allergic reactions;
e. Building and physical premises safety,
including identification of and protection from hazards, bodies of water, and
vehicular traffic;
f. Prevention of
shaken baby syndrome, abusive head trauma, and child maltreatment;
g. Emergency preparedness and response
planning for emergencies resulting from a natural disaster or a human-caused
event;
h. Handling and storage of
hazardous materials and the appropriate disposal of biological contaminants;
and
i. Precautions in transporting
children;
2. Recognizing
and reporting child abuse; and
3.
Developmentally appropriate practices; and
(b) Develop and implement a written plan for
obtaining:
1. Three (3) hours of
cabinet-approved training within the first 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); and
2. Nine (9) hours of cabinet-approved
training annually between July 1 and the following June 30 of each subsequent
year of operation, including one and one-half (11/2) hours of cabinet-approved
pediatric abusive head trauma training completed once every five (5) years 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
fifteen (15) 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) The
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 each
subsequent year of operation, a provider shall complete at least nine (9) hours
of cabinet-approved early care and education training, including one and
one-half (1 1/2) hours of cabinet-approved pediatric abusive head trauma
training completed once every five (5) years in accordance with
KRS
199.8982(2).
(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, child,
and adult:
(a) Cardiopulmonary resuscitation
(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 shall demonstrate completion of the training required by Section 2(9)
of this administrative regulation within the timeframes established
therein.
(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.
(13) A provider
and an assistant shall not: Repeat online training courses, including
pre-service orientation, unless:
(a) Five (5)
years have passed since the online training was completed; or
(b) They are required to as part of a
disciplinary directive by a state agency.
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:
(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, including in the kitchen area and in the children's sleeping
areas;
(c) Properly maintained fire
extinguisher, including in the kitchen area; 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:
(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, flammable liquids, and all fire hazards;
(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, freestanding heater or fireplace, or other source of heat 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) Children in an outside play area shall
have constant and active supervision and shall be protected by physical or
natural barriers that prohibit access to:
(a)
Traffic;
(b) Gullies; and
(c) Other hazards.
(18) Constant and active supervision shall be
maintained around any body of water and shall be inaccessible to children by
secured physical or natural barriers of adequate height and appropriately
secured except in accordance with subsections (19) and (20) of this
section.
(19) 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, with a ratio
of one (1) adult to one (1) infant or toddler; and
(d) Be inaccessible to a child when not in
use.
(20) An above-ground
pool shall:
(a) Have a stationary wall no less
than four (4) feet tall;
(b) Have
hand holds or foot holds that are inaccessible when the pool is not in use;
and
(c) Be supervised when in use,
with a ratio of one (1) adult to one (1) infant or toddler.
(21) A fire drill shall be:
(a) Conducted during hours of operation at
least monthly; and
(b)
Documented.
(22) An
earthquake drill, tornado drill, shelter-in-place drill, and lockdown drill
shall be:
(a) Conducted during hours of
operation at least quarterly; and
(b) Documented.
(23) In the event of a natural disaster,
fire, shelter-in-place, lockdown, or other emergency, a written plan shall be
in place to communicate reunification with families and accommodations for:
(a) Infants and toddlers;
(b) Children with disabilities; and
(c) Children with chronic medical
conditions.
(24) 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.
(25) Windows, doors, and
outer openings shall be screened to prevent the entrance of vermin.
(26) Indoor and outdoor garbage shall be
stored in a waterproof container with a tight-fitting cover.
(27) 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 his or her 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 provider shall ensure precautions are
taken to prevent shaken baby syndrome, abusive head trauma, and child
maltreatment.
(17) 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.
(18) Waste and biological contaminants, such
as bodily fluids, blood, or excretions, shall be:
(a) Disposed of in a manner that prevents
exposure to children;
(b)
Inaccessible to children; and
(c)
In a covered plastic-lined receptacle with a close-fitting lid.
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;
(b) Wash superficial wounds with soap and
water before bandaging;
(c) Use
disposable gloves for the clean-up of biological contaminants, such as blood,
bodily fluids, or excretions;
(d)
Place contaminated clothing or other absorbent materials in a sealed plastic
container or bag labeled with the child's name, and returned to the parent;
and
(e) Clean and disinfect the
soiled surfaces.
(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
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 have 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 214.034;
(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. Food or other allergies in a documented
care plan that includes:
(i) Instructions
regarding the allergy, including any identifying symptoms;
(ii) Steps taken to avoid and prevent the
allergen; and
(iii) A plan of
treatment in the event of an allergic reaction, including medication, doses,
and the administration of an epinephrine auto-injector in accordance with
Section 16(1)(c) of this administrative regulation.
e. The child's general health status and
medical history including, if applicable:
(i)
Restriction on the child's participation in activities with specific
instructions from the child's parent or health professional; and
(ii) Permission from the parent for
third-party professional services in the family child-care home;
f. The name and phone number of
each person to be contacted in an emergency situation involving or impacting
the child;
g. Authorization by the
parent for the provider to seek emergency medical care for the child in the
parent's absence; and
h. A
permission form and allergy care plan if applicable 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,
tornado drills, shelter-in-place drills, and lockdown drills detailing the
date, time, and participants in accordance with Section 12(22) of this
administrative regulation;
(b)
Monthly practiced fire drills detailing the date, time, and participants in
accordance with Section 12(21) of this administrative regulation; and
(c) Reports to the cabinet that are required
in accordance with Section 20(11) 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 event of fire, natural disaster, or other threatening situation that may
pose a health or safety hazard to a child in care in accordance with
KRS
199.895.
(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) Post each child's food allergies or other
allergy care plan prominently where food is served with permission of the
parent or guardian;
(6) 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;
(7) Communicate with each
child's parent about the child's:
(a)
Development;
(b)
Activities;
(c) Likes;
and
(d)
Dislikes;
(8) 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;
(9) Coordinate at least one (1) annual
activity involving parental or family participation;
(10) 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
(11) Report:
(a) The following to the cabinet within
twenty-four (24) hours from the time of discovery:
1. A communicable disease pursuant to
902 KAR 2:020, which shall also
be reported to the local health department;
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", 11/2023;
(b) "OIG-DRCC-04, Certified Family Child-Care
Home Renewal Form", 11/2023; 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.