Ky. Rev. Stat. § 199.8982

Current through 2024 Ky. Acts ch.225

Section 199.8982 - Family child-care home certification program - When required - Requirements for certification - Unannounced inspection - Use of information - Authority to promulgate administrative regulations - Hearing - Emergency action - Training - Powers of local government in regulation of certified family child-care homes

(1)

(a) The cabinet shall establish a family child-care home certification program which shall be administered by the department. A family child-care provider shall apply for certification of the provider's home if the provider is caring for four (4) to six (6) children unrelated to the provider. A family child-care provider caring for three (3) or fewer children may apply for certification of the provider's home at the discretion of the provider. Applicants for certification shall not have been found by the cabinet or a court to have abused or neglected a child, and shall meet the following minimum requirements:

1. Submit two (2) written character references;

2. Provide a written statement from a physician or advanced practice registered nurse that the applicant is in good health;

3. Submit to a criminal record check in accordance with KRS 199.8965;

4. Provide smoke detectors, a telephone, an adequate water supply, sufficient lighting and space, and a safe environment in the residence in which care is provided;

5. Provide a copy of the results of a tuberculosis risk assessment and the results of any appropriate follow-up with skin testing or chest X-ray for applicants who are determined to be at risk for developing tuberculosis in accordance with the recommendations of the Centers for Disease Control and Prevention within thirty (30) days of the date of application for certification; and

6. Demonstrate completion of a total of at least six (6) hours of training in the following areas within three (3) months of application for certification:

a. Basic health, safety, and sanitation;

b. Recognizing and reporting child abuse; and

c. Developmentally appropriate child-care practice.

(b) Initial applications for certification shall be made to the department. The cabinet may promulgate administrative regulations to establish fees that shall not exceed costs of the program to the cabinet, for proper administration of the certification. The department shall issue a certificate of operation upon inspecting the family child-care home and determining the provider's compliance with the provisions of this section. The inspection shall be unannounced. A certificate of operation issued pursuant to this section shall not be transferable and shall be renewed every two (2) years for a fee that shall not exceed costs of the program to the cabinet for renewal.

(c) A certified family child-care provider shall display the certificate of operation in a prominent place within the residence in which care is provided. The cabinet shall provide the certified family child-care provider with written information explaining the requirements for a family day-care provider and instructions on the method of reporting violations of the requirements which the provider shall distribute to parents.

(d) Upon request of any person, the cabinet shall provide information regarding the denial, revocation, suspension, or violation of any type of day-care license of the family child-care provider. Identifying information regarding children and their families shall remain confidential.

(e) The cabinet shall provide, upon request, public information regarding the inspections of and the plans of correction for the family child-care home within the past year. All information distributed by the cabinet under this paragraph shall include a statement indicating that the reports as provided under this paragraph from the past five (5) years are available from the family child-care home upon the parent's, custodian's, guardian's, or other interested person's request.

(f) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A which establish standards for the issuance, monitoring, release of information under this section and KRS 199.896 and 199.898, renewal, denial, revocation, and suspension of a certificate of operation for a family child-care home and establish criteria for the denial of certification if criminal records indicate convictions that may impact the safety and security of children in care. A denial, suspension, or revocation of a certificate may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B. If the cabinet has probable cause to believe that there is an immediate threat to the public health, safety, or welfare, the cabinet may take emergency action to suspend a certificate pursuant to KRS 13B.125. The cabinet shall promulgate administrative regulations to impose minimum staff-to-child ratios. The cabinet may promulgate administrative regulations relating to other requirements necessary to ensure minimum safety in family child-care homes. The cabinet shall develop and provide an "easy-to-read" guide containing the following information to a family child-care provider seeking certification of his home:

1. Certification requirements and procedures;

2. Information about available child-care training; and

3. Child-care food sponsoring organizations.

(2) Family child-care providers shall annually demonstrate to the department completion of at least six (6) hours of training in child development. These hours shall include but are not limited to one and one-half (1.5) hours one (1) time every five (5) years of continuing education in the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020. Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric abusive head trauma approved by the secretary of the Cabinet for Health and Family Services. The one and one-half (1.5) hours of continuing education required under this section shall be included in the current number of required continuing education hours.

(3) The cabinet shall, either through the development of or approval of, make available a model training curriculum and training materials, including video instructional materials, to cover the areas specified in subsection (1)(a)6. of this section. The cabinet shall develop or approve the model training curriculum and training materials to cover the areas specified in subsection (1)(a)6. of this section.

(4)

(a) As used in this subsection "local government" means a city, county, charter county, urban-county government, consolidated local government, or unified local government.

(b) The provisions of this section shall supersede all local government ordinances or regulations pertaining to the certification, licensure, and training requirements related to the operation of family child-care homes and no local government shall adopt or enforce any additional licensure, certification, or training requirements specifically applicable to family child-care homes in addition to those provided in this section. This subsection shall not be interpreted or construed to exempt family child-care homes from compliance with local government ordinances and regulations that apply generally within the jurisdiction.

(c) Because the availability of adequate child-care as an essential business is vital to the Commonwealth's state and local economies, by January 1, 2022, a local government that has adopted land use regulations pursuant to KRS Chapter 100 shall specifically name family child-care homes in the text of its zoning regulations to authorize the board of adjustments to separately consider the applications of proposed family child-care homes for conditional use permits within the residential zones of the planning unit where they are not a fully permitted use pursuant to KRS 100.237.

KRS 199.8982

Effective: March 30, 2021

Amended 2021 Ky. Acts ch. 172, sec. 2, effective March 30, 2021. -- Amended 2018 Ky. Acts ch. 136, sec. 6, effective July 1, 2019. -- Amended 2017 Ky. Acts ch. 135, sec. 6, effective March 27, 2017. -- Amended 2010 Ky. Acts ch. 85, sec. 71, effective July 15, 2010; and ch. 171, sec. 8, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 144, sec. 1, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 14, sec. 24, effective July 14, 2000; and ch. 308, sec. 19, effective July 14, 2000;. -- Amended 1998 Ky. Acts ch. 426, sec. 158, effective July 15, 1998; and ch. 524, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 91, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 57, sec. 2, effective July 14, 1992.

Amended by 2021 Ky. Acts ch. 172,§ 2, eff. 3/30/2021.

Amended by 2018 Ky. Acts ch. 136,§ 6, eff. 7/1/2019.

Amended by 2017 Ky. Acts ch. 135,§ 6, eff. 3/27/2017.

Effective:7/15/2010
Amended 2010, Ky. Acts ch. 85, sec. 71, effective7/15/2010; and ch. 171, sec. 8, effective7/15/2010. -- Amended 2008, Ky. Acts ch. 144, sec. 1, effective 7/15/2008. -- Amended 2000, Ky. Acts ch. 14, sec. 24, effective 7/14/2000; and ch. 308, sec. 19, effective 7/14/2000;. -- Amended 1998, Ky. Acts ch. 426, sec. 158, effective 7/15/1998; and ch. 524, sec. 4, effective 7/15/1998. --Amended 1996, Ky. Acts ch. 318, sec. 91, effective 7/15/1996. -- Created 1992 Ky. Acts ch. 57, sec. 2, effective 7/14/1992.

Legislative Research Commission Note (7/14/2000). This section was amended by 2000 Ky. Acts chs. 14 and 308, which are in conflict. Under KRS 446.250, Acts ch. 308, which was last enacted by the General Assembly, prevails.