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Old 12-26-2012, 10:18 AM
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theycallmetaytor theycallmetaytor is offline
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Default Consequences

Can someone tell me what the consequences are for a provider that is unlicensed in Kansas.

As I understand it-you must be licensed in Kansas to watch even 1 unrelated child for more than 20 hours a week.
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Old 12-26-2012, 11:40 AM
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Default One quick google search-

Licensing and Regulation for Child Care

Facilities


Definitions and Requirements


Licensed Day Care Home
Group Day Care Home
Child Care Centers
Preschools
Further Information
Licensed Day Care Home

A child care facility in which care is provided for a maximum of ten (10) children under 16 years of age and includes children under eleven (11) years of age related to the provider. The total number of children in care at any one time is based on the ages of the children in care.

Click here to view a chart for licensed day care home's total number of children by age.

The license is usually issued for the provider's own home but may be issued at a location other than the provider's home. The license identifies the address of the child care facility.
The licensee must be 18 years of age, have an understanding of children, complete certified first aid and CPR as well as child care related training.
A KBI criminal history and child abuse and neglect background check is processed on all persons living, working or volunteering in the licensed day care home.
State Licensing fee $85.00. Local fees may also apply.
The licensed day care home is inspected to check compliance with regulations to protect the health, safety and well-being of the children in care at least once every 12 months. The Kansas Department of Health and Environment contracts with local county health departments or private contractors to conduct on-site inspections.
Group Day Care Home

A child care facility in which care is provided for a maximum of twelve (12) children under 16 years of age and includes children under eleven (11) years of age related to the provider. The total number of children in care at any one time is based on the ages of the children in care.

Click here to view chart for Group Day Care Home's total number of children by age

The license is usually issued for the provider's own home but may be issued at a location other than the provider's home. The license identifies the address of the child care facility.
The licensee must be 18 years of age, have an understanding of children, complete certified first aid and CPR as well as child care related training.
A KBI criminal history and child abuse and neglect background check is processed on all persons living, working
or volunteering in the licensed day care home.
State Licensing fee $87.00. Local fees may also apply.
The licensed group day care home is inspected to check compliance with regulations to protect the health, safety and well-being of the children in care at least once every 12 months. The Kansas Department of Health and Environment contracts with local county health departments or private contractors to conduct on-site inspections.
The licensed group day care home must be approved for fire safety.
Child Care Centers

A child care facility in which care and educational activities are provided for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening, and night-time care, or which provides before and after school care for school-age children.

Click here to view chart on child care centers staff to child ratios.

A qualified program director must be employed at the center full-time. Each unit must have qualified staff at all times when children are in care. Qualifications are stated by regulation and are based on the number of children in care.
Staff caring for children must, have an understanding of children and complete first aid, recognition of symptoms of illness, child abuse and neglect and other child care job related training.
A KBI criminal history and child abuse and neglect background check is processed on all persons living, working or volunteering in the licensed child care center facility.
State licensing fee $75 plus $1 for each child in the total capacity. For example, for a capacity of 60 children, the required initial and annual fee is $135. Local fees may also apply.
The child care center is inspected to check compliance with regulations to protect the health, safety and well-being of the children in care at least once every 12 months. The Kansas Department of Health and Environment contracts with local county health departments or private contractors to conduct on-site inspections.
Preschools

A child care facility which provides learning experiences for children who have not attained the age of eligibility to enter kindergarten prescribed in K.S.A 72-1107(c) and any amendments thereto, and who are 30 months of age or older; which conducts sessions not exceeding three hours per session; which does not enroll any child more than one session per day; and which does not serve a meal. the term "preschool" shall include education preschools, Montessori schools, nursery schools, church-sponsored preschools, and cooperatives. A preschool may have fewer than 13 children and be licensed as a preschool if the program and facility meet preschool regulation. In lieu of being licensed, preschool operated in the same building as private schools providing kindergarten through grade six shall be governed by Kansas statutes applicable to private school. The license for the preschool states the maximum number of children than can be in care at any one time and also states the maximum number of children than can be in care in any one unit by age group. Staff to child ratios must be maintained at all times

Click here to view chart for preschool's staff to child ratios.

A qualified program director must be employed at the preschool for all hours of operation. Each unit must have qualified staff at all times when children are in care. Qualifications are stated by regulation and are based on the number of children in care. Staff caring for children must, have an understanding of children and complete first aid, recognition of symptoms of illness, child abuse and neglect and other child care job related training.
A KBI criminal history and child abuse and neglect background check is processed on all persons living, working or volunteering in the licensed child care center facility.
The annual state licensing fee $35.00 plus $1.00 for each child in the total capacity not to exceed $75.00. Local fees may also apply.
The preschool is inspected to check compliance with regulations to protect the health, safety and well-being of the children in care at least once every 12 months. The Kansas Department of Health and Environment contracts with local county health departments or private contractors to conduct on-site inspections.
Further Information

Health certificates are required for all persons sixteen (16) years of age and older in contact with children.

Medical records on all children and youth in care must be on file at the child care facility.

The secretary of the Kansas Department of Health and Environment may levy a fine, suspend, deny or revoke a license for violation of regulation of the child care licensing statutes.

Information about licensing procedures and copies of regulation may be obtained from the county health departments.

Day Care Referral Agency

An association, organization, individual or corporation receiving, caring for, and finding homes for children under 16 years of age who need day care

Licensing for home-based day care IS NOT required as follows:

When child care is provided for not more than two children unrelated to the provider for 20 hours a week or less and the home has not been closed as a result of enforcement action. Total time is determined by adding the hours each child is cared for weekly.
When irregular child care is arranged between friends and neighbors on an exchange bases.
When child care is provided in the child's own home.
When child care is provided in the home of the child's relative.
For assistance in determining if a center-based program for children or youth is required to be licensed, please submit a complete written description to KDHE for review. The written description must include the program purpose and description of services offered for children or youth, ages of children served, hours and days of operation, months of operation, owner of the program, and operator of the program, if different from the owner. Please include a contact name and phone number in case further information is required to determine licensure requirements.

Child Care Licensing
1000 SW Jackson, Suite 200
Topeka, KS 66612-1274
Phone: (785) 296-1270
FAX: (785) 296-0803
cclr@kdheks.gov
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Old 12-26-2012, 12:13 PM
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theycallmetaytor theycallmetaytor is offline
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I've read all of that before. This is not an issue that I, myself, am having. Another "provider" is having this problem and I'm curious about what the consequences are.

And my Google skills are sub-par.
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Old 12-26-2012, 12:15 PM
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Either call the number and ask them or scour the website looking for the information.
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Old 12-26-2012, 05:09 PM
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According to this, they can be fined up to $500 per day for being unlicensed.


http://www.auditor.mo.gov/press/2002-52.pdf
Fines levied against individuals violating child care laws and regulations in other states are much more punitive than in Missouri. For example, Nebraska can fine providers $5 a day per child over allowed capacity, and Kansas can fine providers up to $500 per violation per day. Illinois and Tennessee both allow for fines up to $1,000 per occurrence.

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