Daycare Center Provider Requirements

Section 1. Definitions. (1) "Cabinet" is defined by KRS 199.011(2).

(2) "Child care" means care of a child in a center or home which regularly provides full or part-time care, day or night, and includes developmentally-appropriate play and learning activities.

(3) "Child-care center" is defined by KRS 199.894(3).

(4) "Director" means an individual who meets the education and training requirements as specified in Section 4 of this administrative regulation.

(5) "Health professional" means a person actively licensed as a:

(a) Physician;

(b) Physician’s assistant;

(d) Registered nurse as defined by KRS 314.011(5) under the supervision of a physician.

(6) "Infant" means a child who is less than twelve (12) months of age.

(7) "Licensee" means an individual, partnership, corporation, or other entity authorized to operate a child-care center.

(8) "Parent" is defined by 45 C.F.R. 98.2.

(9) "Parental or family participation" means a child-care center's provision of information or inclusion of a child's parent in the child-care center's activities such as:

(a) Distribution of a newsletter;

(b) Distribution of a program calendar;

(d) Other activity designed to engage a parent in the program's activities.

(10) "Premises" means the building and contiguous property in which child care is provided.

(11) "Qualified substitute" means a person who meets the requirements of a staff person as described in Section 5 of this administrative regulation.

(12) "School-age" means a child attending kindergarten, elementary, or secondary education.

(13) "Toddler" means a child between the age of twelve (12) months and twenty-four (24) months.

(14) "Type I child-care center" means a child-care center licensed to regularly provide child care services for:

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

(b) Thirteen (13) or more children in a residential setting with designated space separate from the primary residence of a licensee.

(15) "Type II child-care center" means the primary residence of the licensee in which child care is regularly provided for at least seven (7), but not more than twelve (12), children including children related to the licensee.

Section 2. General. (1) A licensee shall be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:090, and 922 KAR 2:120.

(2) Child-care center staff shall be:

(a) Instructed by the child-care center’s director regarding requirements for operation; and

(b) Provided with a copy of this administrative regulation, 922 KAR 2:090, and 922 KAR 2:120.

(3) Information concerning a child or the child's parent shall be kept in strict confidence by child-care center staff, except as otherwise required by law.

(4) A volunteer or board member shall comply with the policies and procedures of the child-care center.

(5) Program policies and procedures shall:

(a) Be in writing; and

(b) Include:

1. Staff policies;

2. Job descriptions;

3. An organization chart;

4. Chain of command; and

5. Other procedures necessary to ensure implementation of:

a. KRS 199.898, Rights for children in child-care programs and their parents, custodians, or guardians - posting and distribution requirements;

b. 922 KAR 2:090, Child-care center licensure;

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

d. This administrative regulation.

(6) An activity of a person living in a child-care center that is a dwelling unit shall not interfere with the child-care center program.

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

(a) Each statement of deficiency and civil monetary penalty notice issued by the cabinet during the current licensure year;

(b) Each plan of correction submitted by the child-care center to the cabinet during the current licensure year;

1. Current rates for child care; and

2. Each service charged separately and in addition to the basic rate for child care.

(d) Minimum staff-to-child ratios and group size established in 922 KAR 2:120; and

(e) Daily schedule.

Section 3. Records. The following records shall be maintained at the child-care center for five (5) years:

(1) Sufficient records to:

(a) Identify each child enrolled in the child-care center; and

(b) Enable the person in charge to contact each child’s:

1. Parent at:

a. Home; or

b. Place of employment; and

2. Family physician; and

(2) Each child's medical history, along with authorization for emergency medical care, signed by the parent and left with the child-care center director at the time of enrollment;

(3) Except as provided in KRS 214.036, a current immunization certificate showing that the child is immunized pursuant to 902 KAR 2:060, placed on file within thirty (30) days of enrollment;

(4) Permission forms for each trip off the premises signed by the parent;

(5) Daily attendance records documenting the arrival and departure time of each child;

(6) A written schedule of staff working hours;

(7) A Written record of training participation for each child-care center staff person, to include:

(a) The training source;

(b) Location;

(d) Number of clock hours completed;

(8) A written annual plan for child-care staff professional development;

(9) A written record of quarterly, practiced earthquake and tornado drills detailing the date, time, and children who participated;

(10) A written record of practiced fire drills conducted monthly detailing the date, time, and children who participated;

(11) A written plan and diagram outlining the course of action in the event of natural or manmade disaster, posted in a prominent place;

(12) For the director, employee, volunteer, or any person with supervisory or disciplinary control over, or having direct contact with a child, results of the:

(a) Criminal records check in accordance with KRS 17.165;

(b) Child abuse and neglect check in accordance with 922 KAR 1:470; and

1. Previous state of residence, if the individual has been a resident outside of Kentucky in the previous five (5) years; or

2. Current state of residence, if other than Kentucky; and

(13) A written record of reports to the cabinet required in Section 6(1) of this administrative regulation.

Section 4. Director Requirements and Responsibilities. (1) Effective with the adoption of this administrative regulation, a director shall:

(a) Be twenty-one (21) years of age;

(b) Have a high school diploma, a general equivalency diploma (GED), or qualifying documentation from a comparable educational entity;

(c) Not be employed in a position other than an on-site child care director, or director of multiple facilities, during the hours the child-care center is in operation; and

(d) Ensure compliance with 922 KAR 2:090, 922 KAR 2:120, and this administrative regulation;

(e) Manage the staff in their individual job descriptions;

(f) Develop child-care center plans, policies, and procedures;

(g) Supervise staff conduct to ensure implementation of program policies and procedures;

(h) Post a schedule of daily activities, to include lists and dates of activities to be conducted with the children in each classroom;

(i) Conduct, manage, and document in writing staff meetings;

(j) Assess each staff person's interaction with children in care and classroom performance through an annual written performance evaluation;

(k) Assure that additional staff are available during cooking and cleaning hours, if necessary, to maintain staff-to-child ratios pursuant to 922 KAR 2:120;

(l) Provide for the health, safety, and comfort of each child;

(m) Notify the parent immediately of an accident or incident requiring medical treatment of a child;

(n) Assure that a person acting as a caregiver of a child in care shall not be left alone with a child, if the licensee has not received the results of the:

1. Criminal records check required by KRS 199.896(19); and

2. Child abuse or neglect check in accordance with 922 KAR 1:470;

(o) Assure each mandatory record specified in Section 3 of this administrative regulation has not been altered or falsified; and

(p) Coordinate at least one (1) annual activity involving parental or family participation.

(2) The director of a Type I child-care center shall meet one (1) of the following educational requirements:

(a) Master's degree in Early Childhood Education and Development;

(b) Bachelor's degree in Early Childhood Education and Development;

(c) Master's degree or a bachelor's degree in a field other than Early Childhood Education and Development, including a degree in pastoral care and counseling, plus twelve (12) clock hours of child development training;

(d) Associate degree in Early Childhood Education and Development;

(e) Associate degree in a field other than Early Childhood Education and Development, plus twelve (12) clock hours of child development training, and two (2) years of verifiable full-time paid experience working directly with children in:

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

1. A school-based program following Department of Education guidelines;

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

3. A licensed or certified child care program;

(g) Child development associate plus one (1) year of verifiable paid experience working directly with children in:

1. A school-based program following Department of Education guidelines;

2. An early childhood development program (head start); or

3. A licensed or certified child-care program; or

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

1. A school-based program following Department of Education guidelines;

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

3. A licensed or certified child-care program.

(3) The director of a Type II child-care center shall:

(a) Meet the requirements in subsection (2) of this section; or

(b) Meet two (2) of the following:

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

2. Have one (1) year of verifiable full-time paid experience working directly with children in:

a. A school-based program following Department of Education guidelines;

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

c. A licensed or certified child-care program; or

3. Obtain six (6) additional hours of training in child day care program administration.

Section 5. Staff Requirements. (1) Child-care center staff;

(a) Hired after January 1, 2009, who have supervisory power over a minor and are not enrolled in secondary education, shall have a:

1. High school diploma:

2. GED or qualifying documentation from a comparable educational entity; or

3. Commonwealth Child Care Credential as described in 922 KAR 2:250; and

(b) Shall provide, prior to employment and every two years thereafter:

1. A statement from a health professional that the individual is free of active tuberculosis: or

2. A copy of the results of a negative tuberculin skin test.

(2) A child-care center shall not employ a person:

(a) Convicted of a crime pursuant to KRS 17.165(5); or

(b) Found by the cabinet to have abused or neglected a child, pursuant to 922 KAR 1:470.

(3) At least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills:

(a)Infant and child cardiopulmonary resuscitation; and

(b) Infant and child first aid.

(4) Infant and child cardiopulmonary resuscitation (CPR) and first aid training shall be in addition to the fifteen (15) clock hours requirement in subsection (14) of this section.

(5) One (1) adult staff person shall be designated as being in charge. If the director is not present in the child-care center, the designated staff person in charge shall carry out the duties of the director.

(6) Child-care centers shall have available in case of need:

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

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

(7) Each qualified substitute staff person shall:

(a) Meet the staff requirements of this administrative regulation; and

(b) Provide the required documentation to verify compliance with this administrative regulation.

(8) A qualified substitute who works in more than one (1) licensed child-care center shall provide the required documentation to verify compliance with this administrative regulation at the time of employment with each child-care center.

(9) If the operator of a Type II child-care center is unable to provide care in accordance with this administrative regulation, 922 KAR 2:090, or 922 KAR 2:120, the Type II child-care center shall close temporarily until the operator is able to resume compliance;

(10) The minimum number of adult workers in a child-care center shall 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 a qualified staff person who meets the requirements of this section; and

(c) Unless providing care with a qualified staff person, a person under the age of eighteen (18) shall not be counted as staff for the staff-to-child ratio.

(11) Except for medication prescribed by a physician, a controlled substance or alcohol use shall not be permitted on the premises during hours of operation.

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

(13) For each adult residing at a child-care center, the results of the following shall be maintained on file at the center:

(a) Criminal records check indicating that the adult has not been convicted of a crime pursuant to KRS 17.165(5);

(b) Child abuse and neglect checks in accordance with 922 KAR 1:470, indicating that the adult has not been found by the cabinet to have abused or neglected a child; and

(c) A copy of the results of a negative tuberculosis skin test or a health professional’s statement documenting that the adult is free of tuberculosis. Every two (2) years, the adult shall provide evidence of a negative tuberculosis skin or health professional’s statement documenting that the adult is free of tuberculosis.

(14) A staff person with supervisory authority over a child shall complete the following:

(a) Six (6) hours of cabinet-approved orientation within the first three (3) months of employment;

(b) Nine (9) hours cabinet-approved child development training within the first year of employment; and

Section 6. Reports. (1) The following shall be reported to the cabinet or designee and other agencies specified in this section within twenty-four (24) hours from the time of discovery:

(a) Communicable disease, which shall also be reported to the local health department pursuant to KRS 214.010;

(b) An accident or injury to a child that requires medical care;

(c) An incident that results in legal action by or against the child-care center that affects a child or staff person; or

(d) An incident involving fire or other emergency.

(2) An incident of child abuse or neglect shall be reported to the cabinet pursuant to KRS 620.030.

(3) A licensee shall report to the cabinet within one (1) week:

(a) Any resignation, termination, or change of director; and

(b) The name of the acting director who satisfies the requirement of Section (4) of this administrative regulation.

(4) Written notification of the following shall be made to the cabinet to allow for approval before implementation:

(a) Change of ownership;

(b) Change of location;

(d) Change in hours of operation;

(e) Change of services in the following categories:

1. Infant;

2. Toddler;

3. Two (2) years to school-age;

4. School-age;

5. Nontraditional hours; or

6. Transportation; or

(f) Addition to the square footage a child-care center’s premises.

(5) The death of a child in care shall be reported to the cabinet within one (1) hour.

(6) The cabinet and parent of a child enrolled in a child-care center shall receive notice as soon as practicable and prior to a child care center’s temporary or permanent closure. (20 Ky.R. 254; Am. 560; 810; eff. 10-13-93; Recodified from 905 KAR 2:110, 10-30-98; Am. 27 Ky.R. 2929; 28 Ky.R. 113; 401; eff. 8-15-2001; 34 Ky.R. 1256; 2167; eff. 3-19-08.)

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