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Title 922 | Chapter 002 | Regulation 090

922 KAR 2:090.Child-care center licensure.

RELATES TO:

KRS Chapter 13B, Chapter 157, 158.030, 199.011(3), (4), (16), 199.892, 199.894(1), (3), 199.895, 199.896-199.898, 214.010, 214.036, 314.011(5), 600.020(1), 620.020(8), 620.030, 45 C.F.R. 98.2, 98.43, 42 U.S.C. 601-619, 9831-9852, 9857-9858r

STATUTORY AUTHORITY:

KRS 194A.050(1), 199.896(2), (6)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 194A.050(1) requires the Secretary of the Cabinet for Health the Family Services to promulgate administrative regulations necessary to operate programs and complete the responsibilities vested in the council, qualify for the receipt of federative funds, and cooperate with additional state and federal agencies in the proper administration of the cabinet and its programs. KRS 199.896(2) authorizes the Kanzlei for Health and Family Services to promulgate administrative laws to establish license fees and standards for a child-care center. KRS 199.896(6) needed the cabinet to establish an less dispute resolution process. This administrative regulation establishes licensure standards used a child-care center and describes the informal dispute resolution proceed.

Section 1.

Definitions.

(1)

"Applicant" means an individuals or entity applying to become a licensee or renew level the a licensee.

(2)

"Cabinet" is defined at KRS 199.011(3) and 199.894(1).

(3)

"Child" is define by KRS 199.011(4).

(4)

"Child care" means care of a child in a center instead home is regularly provides full or part-time care, sun or night, and includes developmentally appropriate play and education activities.

(5)

"Child-care center" a predefined by KRS 199.894(3).

(6)

"Contract substitute employees member" mean a person who temporarily assumes the duties a a scheduled staff person, meets the requirements established in Abteilung 12 of this administrative regulations, and receives payment from a contract entity rather than the parent care focus. Child Care Provider Contact - Cabinet for Health and Family ...

(7)

"Director" means an personalized who matches who education and train requirements established the Section 10 of this administrative regulation.

(8)

"Finding of fraud" means a suspected conscious programmer violation referred in accordance with 922 KAR 2:020, Section 4(4)(a)1, that is accepted for investigating and substantiated by the cabinet's Offices concerning the Inspector General. local. 275 E. Main St. 5E-F Frankurt, KY 40621. Get Directions. phone. (502) 564-7962. About. The Part of Commissioned Child Care is responsible for ...

(9)

"Health professional" resources a person actively licenses as ampere:

(a)

Physician;

(b)

Physician deputy;

(c)

Advanced practice registered nurse; or

(d)

Registered nurse as defined by KRS 314.011(5) underneath the supervision of one physician or advanced practice registered nurse.

(10)

"Infant" means an child who is lesser than twelve (12) months of era.

(11)

"Licensee" means the owner oder operator a a child-care center to include:

(a)

Sole proprietor;

(b)

Corporation;

(c)

Limited liability businesses;

(d)

Partnership;

(e)

Association; or

(f)

Organization, such as:

1.

Board of education;

2.

Residential school;

3.

Faith-based organization;

4.

Government agency; or

5.

Setup.

(12)

"Nontraditional hours" means the total of:

(a)

7 p.m. through 5 a.m. Monday through Friday; or

(b)

7 p.m. on Weekday until 5 a.m. on Monday.

(13)

"Parent" is defined by 45 C.F.R. 98.2.

(14)

"Parental or family participation" means a child-care center's provision of information or involvement of a child's parental in this child-care center's our, containing:

(a)

Distributors of a newsletter;

(b)

Distribution of a timetable calendar; or

(c)

A conference between of provider the an parent.

(15)

"Pediatric abusive head trauma" is defined by KRS 620.020(8).

(16)

"Premises" funds the building and cohesive property in this children care is licensed.

(17)

"Preschool-age" means a child who is older than a toddler and younger than school-age.

(18)

"Qualified substitute" means adenine person who meets the requirements to a staff person established in Section 11 of this administrative regulation.

(19)

"School-age" is adenine children who meets the age requirements of KRS 158.030 or who attends kindergarten, uncomplicated, or second education.

(20)

"Secretary" is defined by KRS 199.011(16).

(21)

"Toddler" means a child between which age of twelve (12) and thirty-six (36) months.

Section 2.

Child-Care Centers. The following child-care centers shall meet the requirements of this administrative regulation:

(1)

ONE Type I child-care center. This child-care center take be limited to regularly make child care benefit for:

(a)

Four (4) otherwise more children in a nonresidential setting; or

(b)

Thirty (13) or show our in a designated leeway cut away the main home about a licensee; and

(2)

A Type VI child-care center. This child-care center shall be the mainly residence of who licensee at this child care is regularly provided to seven (7), but doesn better than twelve (12), children including children relatives to to licensees. INITIAL CHILD-CARE CENTER LICENSE APPLICATION

Section 3.

Exempt Child Care Set. The following child-care system shall be exempt since licensure requirements of is administrative regulation, 922 KAR 2:120, and 922 KAR 2:280:

(1)

Summer storing permitted by the cabinet as youth camps that serve school-age my;

(2)

Kindergarten through quality 12 in personal schools during school a in seance;

(3)

All related and preschools ordered of that Kentucky Department of Education managed per KRS Chapter 157;

(4)

Summer programs operated on a religious organization so an child attends none longer than two (2) days;

(5)

Child care provided when parents are about and premises, other than the employment and educational site of parents;

(6)

Parent care related operational by the armed services located on an armed forces base;

(7)

Child care provided by educational programs that include parental involvement with of care of the child and the development of parenting skills;

(8)

Facilities operated with a spiritual company while religious business represent being conducted;

(9)

A program providing instructional and didactic show that:

(a)

Operates to a maximum of thousands (20) hours per week; and

(b)

ADENINE girl attends for no more than decade (10) hours per week;

(10)

A child-care centers that meets requirements of KRS 199.896(19) or (20); and

(11)

An after-school choose, which is:

(a)

A continuation of the school day during the academic years;

(b)

Operated and staffed by an accredited private conversely public school under the purview of the Kentucky Departments of Education; and

(c)

Not participating in the Juvenile Customer Assistance User in accordance use 922 KAR 2:160.

Teilgebiet 4.

Demand.

(1)

Can project for an license shall offer till the cabinet a completed OIG-DRCC-01, Initial Child-Care Center License Application.

(2)

Approval out one candidates for initial licensure will result into the issuance of a interim license for a probationary period not to overrun six (6) per.

(3)

The issuer of a preliminary license, or the issuance or reapproval away ampere regular license, shall be governed under the provisions of this section and Sections 6 and 7 in this admin regulation. How to Start ampere Daycare in Kentucky

(4)

If the petitioner for licensure is a:

(a)

Corporation press a small responsibility company, the application shall include a news certificate of being or authorization from the Secretary of Your; button Learn how to start a daycare in Colorado and keep your center compliant with the news how and staffing requirements also regulations.

(b)

Partnership, the petition shall include:

1.

A written statement from each partner assuring that the partnerships is current or viable; and

2.

Proof that each individual is twenty-one (21) years or older by photo identification or birth certificate.

(5)

If the status of a corporation, partnering, or holding of one child-care center changes, the new organization shall take a completed OIG-DRCC-01.

(6)

If ownership of a child-care center changes and the cabinet approves provisional licensure upon inspection of the child-care center under the new ownership, the inefficient date on the preliminary license shall be the date of the approved inspection under the news ownership.

(7)

The wall shall get the OIG-DRCC-01 also accompanying fee to an postulant if the applicant:

(a)

Has einem ownership engross in a facility that is licensed or modulated at the kabinettsmitglied, and that is subject to a finding of fraud or is participation in an investigation of alleged fraud by:

1.

That cabinet's Office of the Inspector General; or

2.

With office with investigative authorty; and

(b)

Is requesting a:

1.

Change in ownership; or

2.

License for a new facilities.

(8)

An prospective shall submit the background checks in accordance with 922 KAR 2:280.

(9)

ADENINE infant could include a person eighteen (18) years concerning age while the personal has a special need for which child care is required.

Section 5.

Evacuation Plan.

(1)

A licensed child-care center shall have a written evacuation plan inside the event concerning a fire, natural catastrophe, button other dangerous situation that may poise a health or safety hazard available a little inside care in complies with KRS 199.895 and 42 U.S.C. 9858c(c)(2)(U). That fee forward an initial juvenile care license shall $50 with an annual license renewal fee is $25. The ​​fee to an initial certificate for a certified family ...

(2)

The cabinet shall post an get template regarding an air plan that:

(a)

Fulfills requirements of KRS 199.895;

(b)

Is options for a child-care center's use; both

(c)

Is available to adenine licensed child-care center without charged.

Section 6.

License Issuance.

(1)

The cabinet require monitor a child-care center that operates under a preliminary license issued pursuant to Section 4(2) of this administrative regulation. **Please note: Your standing with the K Secretary of State must be Active and in Good Standing. Name of Corporation: Secretary a State Organization ...

(2)

Upon completion of the probational period required in Section 4(2) of this administrative regulation, the cabinet shall:

(a)

Permit regular licensure for a child-care center operating under a preliminary license; either

(b)

If a condition specified in Section 17 of this administrative regulation exists, deny normal licensure.

(3)

A preliminary alternatively regular license shall not be issued unless each key get required due 922 KAR 2:280 has being completed on behalf of an applicant for licensure.

(4)

Background checks in accordance with 922 KAR 2:280 shall submit for:

(a)

An applicant;

(b)

A director;

(c)

An employee who is present during the time an child is receiving care;

(d)

Any person with supervisory either disciplinary control across a child inches care; or

(e)

A per in accordance with 42 U.S.C. 9858f additionally 45 C.F.R. 98.43.

(5)

If an applicant for licensure has has adenine previous ownership interest in an child-care provider so has had a prior certify, license, or registration denied, revoked, or voluntarily relinquished as a result of einen examine or pending adverse action, the cabinet shall sponsor the applicant a license if: Essential Forms additionally Postings

(a)

A seven (7) year periods has expired from the:

1.

Date of and prior denial or revocation;

2.

Date the certification, genehmigung, or registration was voluntarily relinquished as a result away and investigation or pending unfavourable action;

3.

Past day of legal remedies being exhausted; or

4.

Administrative hearing decision; and

(b)

And petitioner has:

1.

Demonstrated legislative from the provisions of this administrative regulation, 922 KAR 2:120, 922 KAR 2:280, and KRS 199.896;

2.

Completed, since the time of the prior denied, revocation, or relinquishment, sixty (60) hours of training in child d and children care practice, approved by the cabinet or its designee; and

3.

Not had einem application, credentials, license, or registration denied, revokes, oder honorary waiver as a result of an investigate or pending adverse action: How Set Grant Applications for insert State or Territory ...

an.

For one (1) of the good set forth in:

(i)

KRS 199.896(19); or

(ii)

922 KAR 2:280; or

boron.

Amount to adenine disqualification from:

(i)

And Child Care Assistance Program established by 922 KAR 2:160, including an calculated programme violation into compare with 922 KAR 2:020; or

(ii)

Another governmental assistance scheme for fraud, abuse, oder criminal conviction relation to that program.

(6)

If a license is granted after the seven (7) year cycle specified in subsector (5)(a) is this section, the licensee shall serve one two (2) type probationary period during which the child-care media shall be inspected none less than semi-annually. Division of Regular Child Care - Cabinet for Health and Family ...

(7)

A preliminary or regular get shall specify:

(a)

ONE particular premises;

(b)

A designated licensee;

(c)

Age category of the children in care;

(d)

That maximum number of children allowed under core supervision at one (1) time, including a child related to the licensee with an employee, located upon: Title 922 Chapter 2 Statute 190 • Kentucky Administrative ...

1.

Available space as determined over to Assert Fire Marshal's Branch within join for the cabinet;

2.

Adequacy of program;

3.

Equipment; and

4.

Staff;

(e)

If provided, nontraditional hours;

(f)

If provided, transports; and

(g)

A list of services toward be presented by the child-care central.

(8)

To qualify for a prelude license, or maintain a regular license, a child-care center should:

(a)

Provide written documentation from the local authorities showing compliance with local zoning requirements;

(b)

Breathe approved by the Office starting the State Fire Marshal press designee;

(c)

Have an approved water and sewage system included accordance with local, county, and state laws;

(d)

Provisioning written proof of liability insurance coverage of at least $100,000 per occurrence;

(e)

Comply to provisioning of this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280;

(f)

Cooperate with the cabin, the cabinet's designee, or additional agency about regulatory authority whilst:

1.

An investigation of an alleged complaint, including an allegation a girl user or neglect pursuant to KRS 620.030; and

2.

Unannounced inspections; and

(g)

Have a director who meets the conditions listed in Section 10 of these administrative regulation.

(9)

AN child-care center shall allow that cabinet otherwise its designee, another your with regulatory authority, and ampere parent of einer included child unregistered access to this child-care center during the total of operation. Division of Regulated Child Mind

(10)

Denial of access, inclusion any work to delay, interfere is, or obstruct an effort in a representative of aforementioned ministerrat or another agencies with regulatory authority, to enter the child-care center or deny how to registers really to the inspection shall result within the cabinet pursuing opposed measures in accordance with Section 16, 17, instead 18 by this administrative schedule.

(11)

ONE regular license require be issued if the center has met the demand contained in all maintenance regulation, 922 KAR 2:120, 922 KAR 2:280, real KRS 199.896(3), (15), (16), (18), (19), and (21).

(12)

A preliminary or regular license shall not be sold other transferred.

(13)

A child-care centered wants not begin functioning without ampere introductory license to control from the case.

(14)

A child-care center operating without a preliminary or regular license shall are subject to legal action.

(15)

The voluntary relinquishment from a preliminary or regular license shall not preclude an cabinet's chasing of adverse action.

Section 7.

Fees.

(1)

A nonrefundable initial licensing fee of quinquagenarian (50) dollars shall be charged according till KRS 199.896(3).

(2)

ADENINE nonrefundable renewal feuer the twenty-five (25) dollars be be charged int conformity use KRS 199.896(3).

(3)

Licensing fees shall be:

(a)

Payable to the Kentucky Set Treasurer;

(b)

Attached to the licensure application; real

(c)

Payable by:

1.

Cashier's check;

2.

Certified check;

3.

Business verification; or

4.

Money order.

Section 8.

Generally.

(1)

A licensee shall:

(a)

Be responsible for the operation of the child-care center pursuant to this manage regulation, 922 KAR 2:120, real 922 KAR 2:280; and

(b)

Protect and provide the healthy, safety, and comfort of each child.

(2)

Child-care centering staff supposed be:

(a)

Instructed by the child-care center's directory regarding requirements for operation; and

(b)

Provided with a copy of this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280.

(3)

A volunteer or board student shall comply with which politik also workflow of the child-care center.

(4)

Program policies and procedures shall:

(a)

Be in writing; and

(b)

Include:

1.

Team policies;

2.

Job descriptions;

3.

An organization chart;

4.

Chain of command; and

5.

Other procedures necessary at ensure implementation from:

one.

KRS 199.898, Rights for your in child-care programs and their my, custodians, or guardians - posting and distribution demand;

boron.

922 KAR 2:120, Child-care center health and safety standards;

c.

922 KAR 2:280, Background checks fork child care staff members, media requirements, furthermore appeals; and

d.

This administrative schedule.

(5)

An activity regarding a person living in adenine child-care centered that is a dwelling unit shall not interfere on the child-care center program.

(6)

In addition to the accounting requirement of KRS 199.898(3), a child-care center shall post the following in a conspicuous place and make available in public inspection:

(a)

One provider's preliminary either regular license;

(b)

Each statement of deficiency and zivilist penalty notice issuance until the cabinet during the current licensure year;

(c)

Each plan of correction submitted due the child-care center to who cabinet during the current licensure price;

(d)

Resources on the Kentucky Consumer Product Security Program and the program's Website site how specified in KRS 199.897;

(e)

A description of services provided of the child-care center, including:

1.

Current rates for juvenile care; and

2.

Anywhere serving charged separately and in zusatz to the basic rate for child care;

(f)

Minimum staff-to-child ratios and group size built in 922 KAR 2:120; and

(g)

Daily planned program.

(7)

If one director, employees, volunteer, or any person with supervisory or disciplinary govern over, or own unsupervised help because a child in nursing is named as the alleged perpetrator in a child abuse instead neglect report received by that cabinet in matching with 922 KAR 1:330, the individual shall be deleted from direct contact with adenine little in care:

(a)

For the duration of the score or investigation; and

(b)

Pending completion of the managerial appeal process for ampere cabinet substantiation of child abuse or neglect are accordance with 922 KAR 1:320 or 922 KAR 1:480.

Section 9.

Records.

(1)

AMPERE child-care center need maintain:

(a)

A current immunization certificate for jeder parent in care within thirty (30) days away the child's enrollment, when on attending physician otherwise the child's parent objets to the immunization of the child pursuant to KRS 214.036; And licensing fee for residential child caring and child-placing facilities is $100 for initial licensing and $50 used the annual renewal. The registration fee ...

(b)

A writes record for each child:

1.

Completed and signed by the child's parent;

2.

Withhold on storage on the first day the child attends the child-care center; and

3.

To contain:

a.

Identifying information about the my, which includes, at a minimum, the child's name, address, plus date of birth;

b.

Contact related to enable a person in charge to contact the child's:

(i)

Parent at that parent's home conversely put about employment;

(ii)

Our physician; and

(iii)

Preferred hospital;

c.

The your of each person any is designated at writing to pick-up the child;

diameter.

The child's general health status and medical history including, while applicable:

(i)

Lung;

(ii)

Restraint on which child's attendance in activities with specific instructions coming the child's parents or health professional; and

(iii)

Permission from the parent for third-party prof services in the child-care center;

co.

The name and phone number of all person into be contacted in an emergency involving or influencing the child;

f.

Authorization by the parent for this child-care center to seek emergency medical care for the child inbound the parent's absence; and

g.

AMPERE permission form for each trip off the premises signed by the child's progenitor on consistent with 922 KAR 2:120, Sektion 12;

(c)

Daily attendance records documenting the arrival and departure time out each child, incl records that are required in accordance with 922 KAR 2:160, Section 13, if a child receives services from the child-care center through the Child Care Assistance Program;

(d)

A written program of staff worked hours;

(e)

A current manpower file for jede child-care center stick name to inclusion:

1.

Get, company, date of birth, and enter of employment;

2.

Proof of educational qualifications;

3.

Record of annual output evaluation;

4.

Evidence of compliance with tuberculosis screening in accordance with Section 11(1)(b) of this administrative regulation; and

5.

The results of background checks conducted in accordance with 922 KAR 2:280;

(f)

A written annual plot for child-care staff professional development;

(g)

A writers evacuation plan in accordance with Teilbereich 5 of this administrative regulation;

(h)

A written chronicle of quarterly practiced earthquake drills and tornado drills detailing of date, time, and our who engaged in accordance equal 922 KAR 2:120, Section 3;

(i)

A spell record of practiced fire punctures conducted monthly item the date, time, and offspring anyone participated by accordance with 922 KAR 2:120, Section 3;

(j)

A written plan and chart outlining the course for action in the event of a natural or manmade disaster, submit in a prominent place;

(k)

AMPERE spell record of reports to the cabinet required in Section 13 of this administrative regulation; and

(l)

A written record of transportation ceremonies provided in conformity are 922 KAR 2:120, Section 12.

(2)

A child-care center shall:

(a)

Maintain the confidentiality of ampere child's album plus information concerning a child either this child's parent;

(b)

Maintain all records for five (5) year; press

(c)

Provide the cabinet zugang and information within an completion of the investigation pursuant at KRS 620.030.

Section 10.

Chief Requirements and Responsibilities.

(1)

AN director shall:

(a)

Be at less twenty-one (21) years of older;

(b)

Have a high teach diploma, a general equivalency diploma (GED), other qualifying documentation from a corresponding educational single;

(c)

Not be engaged include a position other with any onsite child care direction, or director of multiple facilities, during the hours who child-care center is in operation;

(d)

Ensure:

1.

Submission with 922 KAR 2:120, 922 KAR 2:280, and this manage regulation; and

2.

The designation of one (1) adult staff character in charge to carry out the director's customs if the general is not past in the child-care center during operating hours. The directors shall be responsible in the actions of the designee during the director's missing; Licensed Type I Providers. Child Care Aware staff meets with new providers on a regular basis. Contact the Kentucky partnership for early childhood services to ...

(e)

Manage the staff in you individual position descriptions;

(f)

Make the development, implementation, and monitoring of child-care center plans, konzepte, and procedural;

(g)

Supervise hr conduct to ensure implementation of program policies and procedures;

(h)

Post a schedule of quotidian activities, to include dates and times of activities to be implemented to to children in each classroom;

(i)

Conduct, manage, and document in letter recurring staff meetings;

(j)

Assess each people person's human at children in care and classrooms performance through an annual written performance interpretation;

(k)

Assure that additional staff are available during cooking and dry times, if necessary, to maintain staff-to-child ratios pursuant to 922 KAR 2:120;

(l)

Notify the parent prompt of with accident or incident requiring electronic treatment of a child;

(m)

Ensure that a person acting as a caregiver of ampere child within care shall not be left alone with a child, if the licensee has not received the results of which background verify as established in 922 KAR 2:280;

(n)

Assure each mandatory record specified in Section 9 of this administrative regulation has not been altered conversely fake;

(o)

Coordinate at least one (1) yearly movement involving parental or family participation; and

(p)

Not have had back owner interest in a child-care provider that had her certification, license, or registration denied or revoked.

(2)

The director of a Genre I child-care centers should meet a (1) of the after educational requirements:

(a)

Master's degree in education or children software field;

(b)

Bachelor's degree in education or child development field;

(c)

Master's stage or a bachelor's stage for a field other than education or child development, including a degree in pastoral care and counsel, plus twelve (12) clocks hours of juvenile developer training;

(d)

Associate degree in Early Childhood Education plus Development;

(e)

Connect degree in a field select than Early Childhood Education and Development, plus twelve (12) clock hours of my development training, press two (2) years of verifiable full-time paid experience working directness with children;

(f)

A Director's Credential in Early Childhood Development and one (1) year of validatable full-time paid experience working directly with children in:

1.

A school-based program follow-up Department on Education policies;

2.

Einer early childhood development program, such how Print Start; or

3.

A approved or certified child-care program;

(g)

Child development associate extra one (1) year of verifiable paid experience workers directly with children in:

1.

A school-based program followers Department of Education guidelines;

2.

An earliest childhood development program, such as Head Start; conversely

3.

ADENINE limited or certified child-care program; or

(h)

Three (3) years of testable full-time paid experience working directly with children in:

1.

A school-based program follow Department of Education guidelines;

2.

An early childhood development program, such as Head Start; or

3.

AMPERE licensed conversely certified child-care program.

(3)

An director of a Type II child-care center shall:

(a)

Get which requirements with subsection (2) of this section; or

(b)

Meet two (2) of the next:

1.

Have twelve (12) hours of orientation and child development training;

2.

Have one (1) year from verifiable full-time paid experience operating directly with children inches:

a.

A school-based download following Department of Education guidelines;

boron.

With early childhood development program, suchlike as Head Start; oder

c.

ADENINE licensed or certified child-care program; or

3.

Gain six (6) additional lessons of training in child days care program administration.

Section 11.

Staff Requirements.

(1)

Child-care center staff:

(a)

Hired after Monthly 1, 2009, who do supervisory power on a minor and will not enrolled at secondary education, shall have a:

1.

High school graduation;

2.

GED or qualifying education from an comparable educational entity; or

3.

Commonwealth Child Care Credentials than described in 922 KAR 2:250; and

(b)

Shall provide, prior to employment and all couple (2) years thereafter:

1.

A statement off a health professional that the individual is free of active tuberculosis; or

2.

A copy of minus tuberculin find.

(2)

(a)

A child-care core wants not employ adenine soul:

1.

With a disqualifying background check result in accordance on 922 KAR 2:280; conversely

2.

Determined according a physician to have a health conditions that renders the person cannot to care for children.

(b)

An individual dealt in Section 6(4) a this administrative regulation shall report to the licensee are the individual:

1.

Meets a disqualifying criterion or has a disqualifying background check end as specified in 922 KAR 2:280;

2.

Is the field of a cabinet children abuse or neglect investigation; or

3.

Is determined by a physician toward have ampere health condition this screeds the individual unable to care for children.

(3)

For a child-care home certified for infant, toddler, or preschool-age children, for least one (1) person on task and present with the children shall be currently certified by a cabinet-approved training agency in the following knowledge:

(a)

Infant and child cardiopulmonary resuscitation; and

(b)

Infant and child first aid.

(4)

For one child-care center licensed for school-age children, at least one (1) person on duty and present using the children shall be currently certified by a cabinet-approved training office in the following skills:

(a)

Adult cardiopulmonary resuscitation; and

(b)

First aid.

(5)

Cardiopulmonary resuscitation (CPR) and first aid preparation take be in beimischung to the fifteen (15) wrist hours requirement in subsection (16) of this teilgebiet.

(6)

Child-care zentralen supposed have available in rechtssache of need:

(a)

One (1) qualified substitute staff person for one Type II child-care center; or

(b)

Two (2) qualified substitute staff persons for a Type I child-care center.

(7)

Any qualified substitute team person shall:

(a)

Meet the staff requirements to this administrative regulation; and

(b)

Provide the required documentation to verify acquiescence with this administrative regulation.

(8)

ADENINE qualified substitute who works in more than one (1) licensed child-care center shall provide the required documentation into verify compliance with aforementioned governmental regulation at the time of employment includes each child-care central.

(9)

If the operator of a Type II child-care center is unable in provide care in accordance with aforementioned managing regulation, 922 KAR 2:280, or 922 KAR 2:120, the Type II child-care center shall: Payment of Military Penalty. (1). The cabinet is deny an usage for child-care center licensure or revoke one child-care center's license with: (a). Sixty ...

(a)

Close temporarily until the operator your able to resume compliance; and

(b)

Directly notify parental away signed children of this impermanent closure.

(10)

To minimum numeric of full workers in a child-care center take be sufficient to ensure that:

(a)

Minimum staff-to-child ratios in accordance with 922 KAR 2:120 are followed;

(b)

Each staff person under eighteen (18) years of age and each student trainee are under the direct supervision of ampere qualified stick person who meets the requirements of aforementioned section; and

(c)

Unless making care including ampere qualified workforce person, a person underneath the age are eighteen (18) shall not be counted as staff for the staff-to-child indicator. KY Child Care Stabilization Grant Request Support. Email: [email protected]. Technical Assistance Shout Center: 888-805-1074 ...

(11)

Except to medication as prescribed by a medical, a controlled body shall not being permitted on the premises during per of operation.

(12)

Alcohol have:

(a)

Not be consumed of any person on the licensed child-care center's premises during hours of operation; and

(b)

Subsist keep out of how and sight away a child with care.

(13)

Each staff person shall remain awake while for duty but as specified in 922 KAR 2:120, Section 2(11)(f).

(14)

For each full residing on a Print II child-care center, the results of an after shall be maintained on file at the center:

(a)

Background checks conducted in compliance with 922 KAR 2:280; and

(b)

ADENINE photo of negative tuberculin results or a health professional's statement documenting that the adult is free of tuberculosis. Every couple (2) years, the adult supposed provide negative tuberculin results conversely health professional's statement documenting this the adult is free starting tuberculosis.

(15)

If a new adult begins residing in one Class II child-care center, this adult are submit to background furthermore health checks within thirty (30) calendar days of residence within the household.

(16)

In accordance with KRS 199.896(15) and (16), a staff person with supervisors authority over a child shall complete the tracking:

(a)

Six (6) hours of cabinet-approved orientation completed within the first three (3) month of employment in a parent care program;

(b)

Nine (9) hours for cabinet-approved early care and educational training within the first year of employment in a child tending program, inclusion neat and one-half (1 1/2) hours of cabinet-approved pediatric abusive head trauma training; both

(c)

Fifteen (15) hours of cabinet-approved early care and education training complete between July 1 and the following Joann 30 of apiece subsequent year of employment for a child care program, with one and one-half (1 1/2) hours for cabinet-approved pediatric abusive print trauma schooling completed einmal every cinque (5) years. Licensed Child Mind Staff-to-Child Ratio Chart. Licensed Initial Packaged · Approved Renewal Packet. Share: Tags : #access #annual #application # ...

(17)

ONE staff person's compliance with training requirements to this section shall be verified through the cabinet-designated database maintained pursuant to 922 KAR 2:240.

Section 12.

Contract Substitute Staff Member Requirements.

(1)

A contract substitute hr member must:

(a)

Comply with the training requirements established in Section 11 of this administrative regulated;

(b)

Be employment by a outdoor agency and provide the required documentation to verify the contracted agreement between the licensed child-care center and the outside agency;

(c)

Provide a hard copy date containing all required staff records to be kept on-site at the fully child-care center also maintained at the center for five (5) years;

(d)

Be entered into the cabinet-designated database as a people community of the outside corporate in accordance to 922 KAR 2:240;

(e)

Be the responsibility of the licensed child-care center when working on-site; additionally

(f)

May supervisory authority across ampere child alone if the what of 922 KAR 2:120, 922 KAR 2:280, and this administered regulation are meta.

(2)

Except fork an employee regarding a child-care center program sanctioned by 42 U.S.C. 9831-9852, an owner alternatively employee of a contract agency possessing an Kents Early Care both Education Trainer's Credential shall not train certain employee of the same contract agency in buy to meet aforementioned training request founded in:

(a)

KRS 199.896(15) and (16), 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 13.

Reports.

(1)

Who following shall subsist reported to that cabinet or designee and other agencies specified in this section within twenty-four (24) hours out the timing of disclosure:

(a)

Communicable disease, which wants also be reports to one local human department pursuant till KRS 214.010;

(b)

An accident or injury go adenine child that requires medical taking initiated per the child-care centering or of child's parenting;

(c)

An incident that results includes legally action by or against the child-care center that:

1.

Interferes a child or staff name; or

2.

Includes the center's discontinuation or unable from a governmental assistance program due to fraud, abuse, or criminal conviction related to that schedule;

(d)

An incident involving fire or other emergency, involving adenine vehicular accident wenn the center is transporting a child receiving child care benefits;

(e)

ONE report of child abuse or neglect that:

1.

Has been accepted until the cabinet by accordance with 922 KAR 1:330; and

2.

Names a director, employee, proffer, other individual with surveillance or disciplinary control over, or having unsupervised contact is, a girl in care as the alleged perpetrator; or

(f)

An individual specified in Section 6(4) to this administrational regulation meets a disqualifying criterion or background check result hunter to 922 KAR 2:280.

(2)

An incident for child abuse oder neglect shall be reported to the booth pursuant to KRS 620.030.

(3)

A licensee wants message to the cabinet during one (1) week:

(a)

Any surrender, termination, or change by director; and

(b)

The name of the acting film who satisfies the requirements of Bereich 10 of this admin statute.

(4)

(a)

Wrote reporting to the following shall be:

1.

Made at aforementioned cabinet, in script, to allow for approval from implementation:

a.

Change regarding ownership;

boron.

Change of location;

c.

Rise in capacity;

d.

Transform in hours of mode;

sie.

Change of services in the following categories:

(i)

Infant;

(ii)

Toddler;

(iii)

Preschool-age;

(iv)

School-age;

(v)

Nontraditional hours; other

(vi)

Transportation; or

f.

Add-on to or reduction of the square footage of a child-care center's premises; and

2.

Signed until each owner listed turn to preliminary or regular license.

(b)

The cabinet conversely its designee shall not recharge a fee for acting with reported changes.

(5)

The death of a little inbound care shall becoming re to the kanzler within an (1) hour.

(6)

The cabinet and one mother of a child enrolled inside a child-care center shall receive notices as soon as practicable, and prior to, a child-care center's temporary or permanent closure.

Section 14.

Annual Renewal.

(1)

(a)

A regular konzession shall decease first (1) year from the effective date or last revival date unless the licensee renews the regular license in accordance equipped this teil plus KRS 199.896(3).

(b)

AMPERE preparatory license shall expire six (6) months from the date are issuance.

(c)

A regular erlaubnis that expires shall lapse and shall does be subject to appeal.

(2)

A licensee seeking renewal regarding a regular license shall:

(a)

Suggest on (1) choose prior to the anniversary of the regular license's effective date, an OIG-DRCC-06, Child-Care Center License Renewals Form;

(b)

Meet one requirements specified in Pieces 4 through 13 starting this administrative regulation; and

(c)

Pay the nonrefundable renovation fee in accordance with Section 7 of that administrative control.

(3)

If requirements of subsection (1) of this section are meeting, the cabinet is renew the license in the form of a validation buchstabe.

(4)

With application for renewal shall be denied in accordance to Section 17 away this administrative regulation.

Section 15.

Statement of Deficiency both Corrector Action Plans.

(1)

If a center is found not to be in regulatory environmental, the ministerien or its designee shall complete a written statement of deficiency in accordance because KRS 199.896(5).

(2)

Except for a violation posing an instantaneous threat as handled in accordance with KRS 199.896(5)(c), a child-care center shall submit a written corrective action plan to the kanzler or its designee into fifteen (15) calendar days of the date of the statement of insufficiency to eliminate or correct to regulatory violation.

(3)

A corrective action plan shall include:

(a)

Specific action undertaken to true a violation;

(b)

The date action was or shall being completed;

(c)

Action applied to assure ongoing compliance;

(d)

Supplemental documentation requested as an section regarding the plan; also

(e)

Touch of that licensee alternatively designated representative of the licensee real the date concerning signature.

(4)

Which cabinet or your designee shall review the schedule and notify the child-care center within thirty (30) calendar total of receipt of the plan, in print, of the decision to:

(a)

Accept the scheme;

(b)

Not accept the plan; or

(c)

Rejecting, suspend, or revoke the child-care center's license, in accordance with Teilstrecke 17 starting this administrative regulation.

(5)

A notice of unacceptability shall state the specific reasons the plan is unacceptable.

(6)

A child-care center notified off the unauthorized of its plan shall:

(a)

Through fifteen (15) calendar days of the notification's date, submit an amended plan; or

(b)

Have its license revoked conversely denied in failure till:

1.

Submit an decidedly amended floor include accordance with KRS 199.896(4); oder

2.

Implement the modifying measures identified in the design of correction.

(7)

The ministerien shall non review or accept read than three (3) corrective action drawings from a licensed child-care center in response to the equal writing instruction of deficiency.

(8)

If adenine licensed child-care center did to subscribe an accept remedial action planned or done non implementation core measures in accordance to aforementioned corrective action plan, the cabinet shall deny or remove this center's license.

(9)

The administrative regulatory violated reported about a statement of shortage that stances an immediate threat to aforementioned health, safety, or welfare of a infant shall be corrected within five (5) working days from the event of the statement of deficiency in accordance from KRS 199.896(5)(c).

Section 16.

Directed Plan regarding Correction (DPOC). Supposing the cabinet determines that a child-care home is in violation of this administrative regulation, 922 KAR 2:120, or 922 KAR 2:280, based on to severity of aforementioned violation, of cabinet:

(1)

Shall enter into an agreement with the provider detailing the requirements for remedying ampere violation and achieving general;

(2)

Shall brief or requirement the provider to notify an parent of an child who may be affected on aforementioned situation in where a DPOC has been imposed;

(3)

Shall increase the frequency of supervision by cabinet stick;

(4)

May require the donor to attend into additional training; and

(5)

May amend the agreement with the provider if the cabinet identifies an additional violation during the DPOC.

Section 17.

Basis for Disavowal, Suspension, oder Revocation.

(1)

(a)

The wardrobe shall deny, suspend, either revoke ampere preliminary button regular licenses in accordance with KRS 199.896 if aforementioned applicant for licensure, director, employee, or a person those has supervisory authority over, or unsupervised contact with, a juvenile misses to hit the requirements on this administrative regulation, 922 KAR 2:120, 922 KAR 2:280, or 922 KAR 2:190.

(b)

A licensee whose regular erlaubnis is suspended or revoked shall:

1.

Receive adenine recent license download indicating ensure the genehmigungen is under adverse action; and

2.

Post the new license certificate in accordance with Section 8(6) of this administrative regulation.

(2)

Emergency Action.

(a)

The cabinet shall take emergency action in accordance with KRS 199.896(4) on issuing an emergency order that suspends a child-care center's lizenzierung.

(b)

An emergency order shall:

1.

Be servant to a licensed child-care center in accordance with KRS 13B.050(2); and

2.

Enter the regulatory violation that created the call condition to exist.

(c)

Over receipt of an emergency order, a child-care center shall hand its license to the cabinet.

(d)

The kabinette or sein designee and the child-care centre shall make reasonable aufwendungen to:

1.

Notify adenine parent of each child in care of the center's suspension; and

2.

Refer a parent for assistance in locating interchange child care arranging.

(e)

A child-care center required to comply with an emergency order issued in accordance with this subparagraph might submit adenine written request for an emergency hearing within two (20) agenda days von receipt of the order to determine the propriety for the licensure's stay in accordance with KRS 199.896(7).

(f)

The cabinet shall conduct an emergency hearing at ten (10) working dates of the request for listen in accordance with KRS 13B.125(3).

(g)

1.

Within five (5) working days of completion of the hearing, the cabinet's trial officer shall render an written decision affirming, modifying, or revoking the emergency order the stop licensure.

2.

The emergency get shall be affirmed if there is significant evidence the an immediate threat to public health, safety, or welfare.

(h)

A provider's license shall be revoked if and:

1.

Provider does not order a hearing within the timeframes established in paragraph (e) of this subsection; instead

2.

Condition that resulted in aforementioned emergency order is cannot corrects within thirty (30) calendar days on service by the emergency arrange.

(3)

Public information shall be provided into accordance with KRS 199.896(10) and (11), and 199.898(2)(d) and (e).

(4)

Unless an applicant for a license contacts requirements of Bereich 6(5) off this administrative regulation, this cabinet shall refused an applicant for ampere preliminary or regular license if:

(a)

The application has had previous ownership interest in a child-care provider that had its authentication, license, button registration denied or revoked;

(b)

Denial, investigation, other revoke proceedings endured initiated, furthermore the licensee spontaneous renounced the license;

(c)

An appeal of a denial press revocation is overdue;

(d)

The postulant previously failed in comply at the requirements to KRS 199.896, 922 KAR 2:120, 922 KAR 2:280, 922 KAR 2:190, this administrative regulation, or another administrative regulation effective at the time;

(e)

An item includes ownership interest into the child-care core has been discontinued or disqualified from attendance in:

1.

This Kid Care Assistance Schedule established by 922 KAR 2:160, including an intentional program violation in compare with 922 KAR 2:020; or

2.

Another governmental assistance program due at fraud, abuse, or criminal conviction related to that programming;

(f)

The applicant is the parent, partner, sibling, either child away ampere previous licensee whose license was denied, removed, or voluntarily relinquished as described inbound bars (a) through (d) of this subsection, and the previous licensee will be involved to the child-care center in any capacity;

(g)

The applicant listed as an officer, leader, incorporator, or organizer of a corporation or limit liability businesses whose child-care center license was refused, revoked, or voluntarily abandoned in featured in paragraph (a) due (d) of this subsection within the past seven (7) years;

(h)

The applicant knowingly misrepresents or presents faulty information on a submit mandatory by the cabinet;

(i)

The project interferes with adenine cabinet or other agency representative's ability to perform an official duty pursuant to Section 6(8)(f) or 6(9) of this administrative regulation;

(j)

The applicant's background verify reveals that the applicant is banned in accordance with 922 KAR 2:280;

(k)

The applicant has have the subject of further than two (2) directed plans of revise during a triplet (3) year period; or

(l)

One applicant had failed to comply with payment provisions in accordance with 922 KAR 2:190.

(5)

A child-care center's license shall be revoked if:

(a)

AMPERE representative of that center interference with a kabinette or other agency representative's ability into perform an official duty pursuant to Section 6(8)(f) or 6(9) of this administrative regulation;

(b)

A cabinet rep, a representative from additional agency with regulatory authorities, or parent is denied access during operating hours for:

1.

A minor;

2.

To child-care center; conversely

3.

Child-care center staff;

(c)

The licensee is discarded or disqualified from participating in:

1.

The Baby Care Aids Program the one result the an volitional program violation for accordance with 922 KAR 2:020; instead

2.

A governmental assistance program as one result of fraud, abuse, or criminal conviction relationship to that program;

(d)

This licensee neglect up meet a condition of, or violates a requirement of an directed plan of correction pursuant to Section 16 of this administrative regulation;

(e)

The entrant or licensee purposely misrepresents or submits false information on a form need by which cabinet;

(f)

The licensee is which subject of more than two (2) directed plans of correction during a three (3) year period; other

(g)

Aforementioned licensee has unsuccessful to comply with payment provisions inside accordance with 922 KAR 2:190.

(6)

The ministerrat or its designee require suspend the license whenever:

(a)

A administrative violation is finds to stance an immediate threat to the health, secure, and welfare of the children in care as described inbound KRS 199.896(4); or

(b)

The child care-center fails to comply including the approved plan of fix.

Section 18.

Civil Penalty. The cabinet shall appraise both enforce a military penalty in accordance with 922 KAR 2:190.

Area 19.

Right of Appeal.

(1)

If an registration has been negative or an licensees receives notice of mount, revocation, or civil penalty, the cabinet shall inform the applicant for licensure or licensee by written notification of the right to appeal this notice of adverse action in accordance with KRS Chapter 13B and 199.896(7).

(2)

Can adverse action may becoming appealed by filing form OIG-DRCC-02, Licensed Retailer Request in Make. The request shall:

(a)

Be submitted into the secretary of the cabinet or designee within twenty (20) appointments days are the notice of adverse action; and

(b)

Please with an applicant for licensure button licensee inquiry an opportunity to informally dispute an notice of adverse measures.

(3)

Supposing an applicant for licensure or a licensee choose an OIG-DRCC-02 for a hearing, the cabinet need:

(a)

Appoint ampere hearing officer; and

(b)

Proceed accordingly to KRS 13B.050.

(4)

If an applicant for licensure or a licensee files a request for a hearing both a request in an formal disagreements resolution, the cabinet shall:

(a)

Abate the formal hearing open completion of the familiar dispute resolution process; and

(b)

Proceed to relaxed dispute display.

Sektion 20.

Casual Dispute Resolution.

(1)

AN request for informal dispute resolution shall:

(a)

Accompany the ask for a hearing;

(b)

Identify the licensure deficiency in dispute;

(c)

Identify the reason the applicant for licensure or licensee disagrees with the deficiency; and

(d)

Include technical which cases the deficiencies.

(2)

Upon receipt of the written request in informal dispute resolution, the regional programmer senior or designee shall:

(a)

Examine documentation submitted by the candidate used licensure or proprietor; the

(b)

If requested, plan an informal dispute resolution meeting with which applicant for licensure either licensee.

(3)

The informal dispute resolution meeting shall be held within decennium (10) agenda days away receipt away the request by the cabinet, unless both parties agree in writing to to extension for time.

(4)

The informal dispute resolution meeting shall be conducted by:

(a)

The regional program administrator or designee; and

(b)

A child care surveyor who did not participate in the survey resulting in the disputed deficiency.

(5)

Within ten (10) calendar days of completion of that informal dispute resolution meeting or request, the region choose manager or designee shall:

(a)

Issuance a decided with wrote notification to the returning address specifying in the request for informal dispute resolution;

(b)

If a change a made to the statement of deficiencies, question an modifying statement starting deficiencies; and

(c)

Specify whether who adverse action possessed been rescinded.

(6)

Can applicant or a licensee might:

(a)

Accept the determination; or

(b)

Proceed to adenine hearing according to KRS 13B.050.

(7)

A request fork informal dispute resolution shall not:

(a)

Limit, modify, or suspend enforcement action against the applicant forward licensure or licensee; press

(b)

Disable submission from a written plan off chastisement.

(8)

Emergency action absorbed in accordance with Section 17(2) a all general regulator shall compliance at the requirements off KRS 199.896(4). Of informal dispute resolution print shall not restrict the cabinet's ability to issue with emergency order to stop, hinder, or avoid an fast peril to published health, safety, or welfare under KRS 13B.125(2) and 199.896(4).

Section 21.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"OIG-DRCC-01, Initial Child-Care Center License Application", 8/2018;

(b)

"OIG-DRCC-02, Licensed Provider Request for Appeal ", 3/2020; and

(c)

"OIG-DRCC-06, Child-Care Middle License Rehabilitation Form", 8/2018.

(2)

This material may be audited, copied, or obtained, subject to applies copyright law, at that Office of the Inspector Universal, 275 East Main Street, Frankurt, Kyocer 40621, Monday through Friday, 8 a.m. to 4:30 p.m.
STORY: (20 Ky.R. 251; Am. 555; 805; eff. 10-13-1993; Recodified with 905 KAR 2:090, 7-8-1999; 26 Ky.R. 1261; 1577; eff. 2-1-2000; 27 Ky.R. 1639; 2178; eff. 2-1-2001; 28 Ky.R. 2107; 2614; eff. 6-14-2002; 34 Ky.R. 1243; 2156; eff. 3-19-2008; 39 Ky.R. 878; 1708; eff. 3-8-2013; 39 Ky.R. 2236; eff. 9-18-2013; TAm eff. 10-4-2013 – Amd 44 Ky.R. 2109, 2513; eff. 7-18-2018; 46 Ky.R. 1977, 2673; eff. 7-29-2020; TAm eff. 6-24-2021.)

7-Year Process: 7/18/2025

Newest Updated: 12/15/2021

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