Start a Daycare in Kentucky – Licensing – Regulations – Laws

START A DAYCARE IN KENTUCKY	CHILD CARE LICENSING REQUIREMENTS
APPLICATION REQUIREMENTS	CHILD CARE PROVIDER REQUIREMENTS
DIRECTOR REQUIREMENTS	STANDARDS FOR HEALTH AND SAFETY
GENERAL REQUIREMENTS ON HEALTH AND SAFETY	MEDICINE AND FIRST AID
FIND A DAYCARE OR CHILD CARE IN KENTUCKY	CREDENTIALS

Child Care Licensing Requirements

The Secretary of the Cabinet for Health and Family Services is promulgated to administer regulations that are necessary to operate programs related to the Services such as child care programs. This Cabinet is also responsible with the establishment of standards and requirements for a child care facility.

Through this Services unit, the following child care centers are required to abide by administrative regulation:

Type I Child Care Center. This type of child care center is required to apply for license to be able to provide services for: four (4) or more children if the center is in non-residential setting and thirteen (3) or more children in a center located separately from the residence of the licensee.
Type II Child Care Center. This type of child care center is the main residence of the licensee and shall provide child care services for seven (7) and more (but not more than 12) children including those affiliated or related to the licensee.

Exempted Child Care Settings

There are child care settings that are exempted from licensure requirements, these include:

Cabinet-certified summer camps for youths giving child care services to school-age children;
Private schools serving children from kindergarten to grade 12 while school is in session;
Kentucky Department of Education programs governed by the KRS Chapter 157;
Religious organization-operated summer programs servicing children for no longer than two (2) weeks per child;
Child care providers where parents are just on the premises other than parents’ employment and educational site;
Armed services-operated child care programs located right in the base of armed forces;
Educational programs-operated child care services that involves parents in child care and develops parenting skills;
Religious organization-operated facilities while religious services are ongoing; and
Programs providing educational and instructional services: (a) operating in a maximum of 20 hours per week, (b) attended by a child for a week no more than 10 hours.

Application Requirements

The Cabinet requires the license applicant to complete the following documents:

Completed OIG-RCC-1 form or the Application of a License to Operate a Child Care Center;
If the child care provider is a: (a) Corporation or a Limited Liability Company – current certificate of existence or authorization from the Secretary of State, (b) Partnership – written statement from parties that partnership is feasible and existing;
If status of the child care provider changes, the new entity is mandated to submit OIG-RCC-1;
If ownership of a child care provider changes, the effective date of the license shall be the date of approved inspection by the Cabinet.

Issuing of License

Protocols stated by the Kentucky Administrative Regulations (KAR) before a license is issued:

License shall only be issued after a completed background check required by KRS;
Child care center personnel including the director, volunteers, staff and all persons who will have supervisory control and direct contact with the children on care shall be background checked; unless background is checked, the employees can work on probation for up to 90 days unless competing a child abuse and criminal records checks. Employees shall not be allowed to be left alone with children unless these checks were completed;
A licensee shall immediately discharge a director, employee, volunteer or any person who is listed on the central registry established by the KAR and who has been convicted of a crime defined by the Kentucky Revised Statutes (KRS);
A license applicant who has been convicted of a nonviolent felony shall be considered for license issuance depending on the nature of offense, length of time elapsed since the conviction, and applicant’s life after the event;
If an applicant’s previous licensure has been denied or revoked, the Cabinet shall grant the license considering it has been 3 years since the license was denied or revoked or the applicant has demonstrated compliance with the provisions of KAR, completed 60 hours of child care training approved by the Cabinet or designee, and not had a license denied, revoked or suspended for one of the reasons set in KRS. The applicant granted a license for this case may provide child care services for 2 probationary years and the child care center shall be quarterly inspected;
The issued license shall specify the physical location of the child care center, sponsor or operator, ages of children being care for, maximum number of children on care based on the available space, adequacy of program, equipment, staff-child ratio
To qualify of a license, the child care provider shall:
- Provide written documentation of compliance with local zoning requirements from the local authority,
- Get approval from the Office of the State Fire Marshal or designee,
- Have an approved water and sewerage system,
- Have adequate and appropriate equipment, supplies and employees,
- Provide written proof of liability insurance coverage of at least $100,000 per occurrence,
- Comply with the provisions set forth by KAR,
- Cooperate with the state agency during investigation for alleged complaints, and
- Install a Director who has passed the criteria listed in KAR,
A child care is open for unannounced visitations from the Cabinet and parents even during hours of operation;
If the child care provider meets the KAR requirements, a license shall be issued and reapproved;
A child care license is not for sale or transfer;
If there are changes in the child care center as listed in KAR, these shall be relayed to the Cabinet in writing and signed by the owner or each partners;
Reported changes are not charged for an additional fee;
The license shall be posted in a prominent location in the child care center;
Unless a license is issued by the Cabinet, a child care provider can not start to operate; and
A child care provider operating without license shall be subjected to legal action.

License Fee

A fee of $50 shall be paid by the applicant. This is nonrefundable and charged according to the KRS. License fee shall be paid through cashiers check, certified check or money order to the Kentucky State Treasurer.

Annual Reapproval

The following requirements for reapproval shall be submitted to the Cabinet:

Completed OIG-RCC-2 or Application for Renewal of a License to Operate a Child Care Center. This shall be submitted one month prior to the expiration of the license. And
Comply with the requirements of KAR.

Statement of Deficiency and Corrective Action Plans

The Cabinet or designee shall report, in accordance with KRS, a written form when a child care center is found to be not in regulatory compliance to the KAR. When a child care center commits violation posing potential threat in accordance with KRS, a written corrective action plan shall be submitted to the Cabinet or designee within 10 days of receipt of the deficiency statement.

Corrective action plan. A corrective action plan shall compose of the specific action undertaken to correct violation, date action was completed or shall be completed, and action assumed to assure ongoing compliance. Within 30 days, the Cabinet shall notify the child care center with its decision to accept the corrective plan, not accept the plan; or deny, suspend, or revoke the license.

In case of notice of unacceptability, it shall specify reasons why the plan unaccepted. The child care center shall submit an amended plan within 10 days.

In accordance with KRS, violations that may be of immediate threat to health, welfare and safety of the children or a child on care shall be corrected within 5 days.

Intermediate sanctions. If a child care center is proven that it has violated a regulation stipulated in the KAR, it can: mandate the child care center to participate in additional training, increase frequency of monitoring, enter into an agreement with the provider in terms of detailing corrective actions, require the provider to notify a parent who may be affected by the violation of which intermediate sanction is imposed upon.

Suspension or revocation of license. If a child care center fails to meet the conditions and violates the requirements of an intermediate sanction, its license shall be suspended or revoked.

A child care center’s failure to pay civil monetary penalty or failure to make arrangement and comply with the agreement after 60 days of completing the administrative appeal process shall have its license denied or revoked.

Licensure Appeals

A licensee who receives from the Cabinet a notice of suspension or revocation, the following procedures for licensure appeal shall be taken:

An adverse action maybe appealed by completing the OIG-RCC-3 form (Request for Appeal) and file this for a hearing, and
File a request for a hearing and informal dispute resolution. An informal dispute resolution shall specify the reason(s) a licensee disagrees with the stated deficiency.

Within 10 days of completing the first-level informal dispute resolution meeting, a decision will be issued to the return address informing the persons concerned whether the adverse action has been rescinded. If the licensee disagrees with the decision, a second-level informal dispute resolution shall be scheduled. Request for hearing shall be withdrawn when the licensee becomes satisfied with the result of informal dispute resolution meetings. Otherwise, hearing will be pursued.

While an appeal such as the informal dispute resolution is in process, the Cabinet retains the ability to issue emergency order to stop or prevent the potential threat to the health, safety and welfare of the public.

Child Care Provider Requirements

A child care center which regularly provides child care services to children at a full-time or part-time basis including developmentally appropriate play and learning activities shall involve parents of the children in the programs of the center through the distribution of newsletter, program calendar, conference between the child care provider and the parents, or in conducting activities that will enjoin participation of parents.

A child care center shall provide services pursuant to the administrative regulations of Kentucky. A child care center is expected to:

(a) Instruct the center Director regarding the requirements of operation,
(b) Secure a copy of the KAR,
(c) Have board members or volunteers who have complied with the policies of the child care center,
(d) Have its program policies and procedures in writing including staff policies, job descriptions, organizational chart, chain of command, and other procedures and policies necessary to comply with the requirements of KRS and KAR,
(e) Have privacy from the activities of the dwellers in a home-based child care center, and
(f) Post on a conspicuous location in the child care center the following information: license, statement of deficiency and plan of correction, civil monetary penalty notice, and description of services and programs including fees, minimum staff-child ratio and group size, and daily schedule.

Records

A child care center is required to keep and maintain the following information for 5 years:

List of Children enrolled in the child care center,
Comprehensive contact list of parents including their home address, place of employment, family physician, name of the designated person to pick up the child (this is given to the child care center by the parent),
Medical history of each child on care and authorization for emergency medical care signed by the parent,
Child’s current immunization certificate,
Parent-signed permission forms for trips outside the child care center premises,
Daily attendance records indicating the arrival and departure time of each child,
Schedule of staff working hours,
Detailed training participation for each child care staff,
Annual plan and programs for child-care staff professional development,
Detailed record of earthquake and tornado drills,
Detailed record of practiced monthly fire drills,
Course of action plan and diagram in the event of natural or manmade disaster posted in a conspicuous place,
Criminal records, child abuse and neglect check, background check of all child care center staff who have supervisory or direct contact with a child, and
Reports to the Cabinet regarding communicable diseases, child accident or injury, an incident that results in legal action against the child care center, and an incident that involves fire and other emergencies.

Requirements and Responsibilities for the Center Director

As stipulated in the administrative regulation, a Director of a child care center shall:

Be 21 years of age,
Have a high school diploma, a general equivalency diploma (GED), or qualifying documentation from a comparable educational entity,
Not employed in other positions than an on-site child care director, or director of multiple facilities during the hours of child care operation,
Have complied with requirements of the KAR,
Perform managerial duties according to each staff’s job descriptions,
Develop and lay-out child care center plans, policies, and procedures,
Ensure smooth implementation of program policies and procedures through effective staff supervision,
Post daily schedule of activities,
Preside and document in writing staff meetings,
Assess and observe each staff’s interaction with children and maintain staff-child ratio as required in KAR,
Assure safety, healthy and welfare of each child,
Immediately notify the parent in case of emergency such as accidents,
Assure that each mandatory record is not falsified, and
Coordinate at least one annual activity that involves parents and family participation.

Staff Requirements

A child care employee who has supervisory control over a child shall have:

At least high school diploma,
GED or qualifying documentation from a comparable educational entity; or
Commonwealth Child Care Credential as described in KAR,
A statement from a health professional that he or she is free from tuberculosis,
A certification that he or she is not convicted of a crime pursuant to KRS and not have a record of child abuse or neglect, and
A training certificate mastering the skills: infant and child cardiopulmonary resuscitation (CPR) and infant and child first aid.

Reports

The following cases and situations shall be reported to the Cabinet or any involved agency within 24 hours of discovery:

Communicable disease – this shall also be reported to the local health services unit,
Accident or injury to a child that requires medical care,
Incident that results in legal action by or against the child-care center that affects a child or staff person,
Incident involving emergencies such as fire,
Incident of child abuse or neglect,
Incident of resignation, termination, or change of director and the name of the acting director,
Changes in the child care center including ownership; location; increase in capacity; hours of operation; change in services for the categories: infant, toddler, 2 years to school-age, school-age, non-traditional hours, and transportation,
Addition to the square footage of center’s premises,
Death of a child on care which shall be reported to the Cabinet within 1 hour, and
In case of the child care center’s permanent closure.

Standards for Health and Safety

A child care center’s premises shall be provided with protective surface to prevent accidents and injury among children especially during the conduct of day care outdoor activities and playtime.

The following protective materials can be used:

Wood mulch;
Double shredded bark mulch;
Uniform wood chips;
Fine sand;
Coarse sand (but the pieces should not be pointed or sharp-edged);
Pea gravel, except for areas used by children under three (3) years of age;
Certified shock absorbing resilient material; or
Other material approved by the cabinet or designee.

Services for Child Care

The following services shall be provided and maintained during all hours of operation:

Minimum staff-to-child ratios shall always be maintained including group size of children being taken cared of in a child care center. Staff-child ratios shall be as follows:

Age of children	Ratio	Maximum group size
Infant	1 staff for 5 children	10
Toddler	1 staff for 6 children	12
2 – 3 years	1 staff for 10 children	20
3 – 4 years	1 staff for 12 children	24
4 – 5 years	1 staff for 14 children	28
5 – 7 years	1 staff for 15 children	30
7 and older	1 staff for 25 children (for before & after school)	30
	1 staff for 20 children (full day care)	30

The maximum group size shall only be applicable to Type I centers.

Group size in a Type I center shall be separately maintained in a defined area unique to the group and have a specific staff assigned to and responsible for a group.

The age of the youngest child in the group shall determine the staff-to-child ratio and the maximum group size. The staff-to-child ratio includes a child related to the director, employee or person under the supervision of the licensee.

A child care center shall ensure that each child on care is provided with adequate supervision at all times and protected from abuse or neglect.
A child care program shall include a procedure to inform child care staff of the laws of the Commonwealth pertaining to child abuse or neglect set forth in KRS and written policy that each staff shall implement the procedures and policies taught in the orientation.
A child care center’s programs shall be posted in a daily basis on the spot in the center which can be easily noticed.
Child care programs shall:
- Cater to the specific needs of each child;
- Provide positive experiences to the children including activities that promote development in their intellectual, emotional, physical, and social skills;
- Offer variety and creativity in conducting activities such as: arts, dramatic play, music, stories and books, block building, science, culture, and tactile activity
Indoor and outdoor plays that will engage physical strength of children as long as these will not be inappropriate and stressful for their age.
A time for active and quiet play including group and individual activity.
A choice of activities for children whether they want to play apart from group at times and practice self-help procedures for clothing, toileting, hand-washing, and eating.
Use of audio-visual equipment as long as the device is appropriate for the age of the child and allowed by the parent; does not promote violence, does not have adult content or foul language; use of AV equipment is limited to 2 hours per day; designed as an educational tool.
A separate room or area shall be provided for school-age children especially in a Type I center and a snack shall be provided for each child after school.
If the child care center operates during non-traditional hours, a child shall not be permitted to spend more than 16 hours in the center in one 24 hour period; each sleeping room shall have at least 1 staff member; a program of constructive activity shall be given to a child who is present for an extended period of time during waking hours; a child shall wear appropriate sleepwear such as pajamas or nightgown when sleeping at the center 3 hours or more.
A child who attends school coming from a child care center shall be provided with breakfast, and
A staff shall remain awake while on duty if he or she is employed by a Type I center; and shall remain awake until every child in care is asleep if he or she is employed by or is the operator in a Type II center.

General Requirements on Health and Safety

Audio-visual use including viewing and listening shall be used only as a part of the child care program;
Activity areas, learning equipment, and materials shall be arranged to facilitate more efficient supervision of child care activities;
Use of computer equipment shall be monitored and scheduled in a limited access time;
Child care staff shall supervise and help children with their personal hygiene;
Child care center staff shall maintain personal hygiene such as regularly washing of hands especially if they are on duty;
A staff who is suspected to have communicable disease shall not render services that will transmit the disease until proven cured, and shall provide a health statement from a professional if requested;
A child on care shall not have access to toxic cleaning materials, sharp objects such as knives, flammable materials, plastic bags, trash or garbage, bar soap, and staff personal belongings;
Guns and ammunition shall not be present in the child care area although it can be securely kept and locked in a separate area;
Smoking shall not done with the presence of a child, shall abide by the local ordinance, and done only in smoking areas outside the child care area;
Bottle feeding an infant should be done while the care giver is holding the infant and the bottle should not be propped, left in the mouth of the sleeping infant, and feeding bottle shall not be heated in a microwave;
Except for a child who attends non-traditional hours of care, a child on care shall have rest periods not exceeding 2 hours. A child who does not sleep shall be allowed to play quietly after resting;
When placing a child to sleep, the caregiver shall follow the policies of the American Academy of Pediatrics.

Premises Requirements

According to the Kentucky child care administrative regulation, a child care center premise shall be:

Suitable for child care programs, clean and all equipment and facilities in good condition, installed with a telephone hat can be used by a child;
In compliance with the requirement of the State Fire Marshal as established in KRS and local zoning laws;
Emergency exits shall be unobstructed or clear from debris;
The day care building shall be dry, adequately heated or warmed, well ventilated and well lit. All bulbs installed be shattered proof and windows, doors, stoves, heaters, furnaces, pipes and stairs shall all be protected;
There shall be a minimum of 35 square feet of space per child. This excludes kitchen, hallway, bathroom, and storage areas;
The child care center shall have safety measures against rodents, flies, roaches, and other pests;
All openings that can be possible entry point for pests shall be effectively protected with the use of self-closing doors, closed windows, screens, controlled air current and other means deemed effective means;
Areas such as floor, ceilings, and walls shall be in good condition and constructed in such a way that it can be easily cleaned;
The child care center’s water supply shall be potable, safe from contamination, adequate in quality and volume, with sufficient pressure to ward off unrestricted use, and obtained from a source approved and inspected by the local health department;
If a child care center uses groundwater supply, the child care center shall meet the requirements of the Cabinet for Environmental and Public Protection Division of Water if it gives care to more than 25 children. If the child care center cares for 25 children and less, it can seek approval from the same Division or form the local health department;
Sewerage in a child care center shall be disposed of properly through a method approved by the Cabinet for Environmental and Public Protection or Cabinet;
All plumbing in a child care center shall comply with the requirements of the State Plumbing Code established in KRS;
All solid wastes shall be kept securely in a receptacle in accordance with laws governed by KRS;
If there is a portion in a child care center which will be used for purposes not relevant to child care, it shall not interfere with the child care activities;
Inside premises of the child care center shall have a temperature of 65-75 degrees Fahrenheit in winter time and 68-82 degrees Fahrenheit in summer time;
A child care center may not have a kitchen if it only serves food in the afternoon snack to school-age children and if an adequate refrigeration is provided and maintained;
An outdoor area shall be located on the premises of public or state-accredited nonpublic school and should be protected through provision of fence. An after-school child care program is exempted from this requirement;
Outdoor playground shall have play equipment such as climb, swing, and slide;
Fall zones shall be protected with shock-proof materials;
Playground shall have equipment for gross motor skills, well ventilated, properly heated, and have a protective surface of at least 2 inches thick;
The child care center premises’ fence shall be made of safe material and stable;
A child care center shall have safe play equipment and all climbing apparatus and other play apparatus shall be securely fastened;
Spaces for infants to crawl shall be wide enough and with easy access by adults;
Adequate volume of age-appropriate toys shall be provided in a child care center;
Storage spaces shall be in low levels giving access to children and should be sufficient in number to accommodate each child’s clothing;

Play Requirements for Infant and Toddler

Areas for infant and toddler play shall be separated from the space used by older children and should not be an exit or entrance point;
Infant and toddler may play with the colder children in no more than 1 hour; and
If there is an outdoor play area for infant and toddler it should be shaded and should be used separately in a scheduled time;

Equipment for Sleeping and Napping

Children’s sleeping equipment shall be:

Two-inch thick and provided with a waterproof mat;
A child’s crib shall be equipped with firm and comfortable waterproof mattress and meet the standards of the C.F.R.;
Bed sheets and covers shall be provided for each child, laundered once a week or more often, stored in a clean place;
If mats or cots are used, the floor shall be free from drafts, water, dirt, dampness and pests and insects;
Cots and other sleeping equipment shall be 12 inches apart to allow space for movement;
A tiered crib shall not be allowed to be used; and
Each cots or mats shall be sanitized before the next child uses it.

Medicine and First Aid

A child care center shall always have first aid supplies and shall be available to provide prompt and proper first aid treatment. First aid kits shall be out of reach of children and ensured that supply is sufficient. Reusable first aid equipment shall be sanitized and maintained in a sanitary manner. This include: liquid soap, adhesive bandages, sterile gauze, medical tape, scissors, a thermometer, flashlight, cold pack, first aid book, disposable gloves, and a cardiopulmonary resuscitation mouthpiece protector.

If a child becomes ill while attending child care, he or she shall be isolated from the other children and the parent shall be immediately informed and arrangements shall be made to remove the child from the center especially when child is suffering communicable disease.

Any medication that will be given or administered to a child shall be first informed and approved by the parent. A medication administered to a child while on child care shall be recorded in detail.

Kitchen Requirements

A kitchen in a child care center shall:

Clean and equipped for proper preservation, storage, preparation and serving of food;
Well ventilated and shall not be used for activities of children except when the center is a Type II center where activities may be held as long as meal is not being prepared;
A child care center shall secure a food service permit in compliance of the KAR and administrative regulation;
A kitchen shall have enough equipment for the needs of the children such as a sufficient room and eating utensils;
Kitchen utensils shall be sanitized regularly after each use;
Kitchen utensils shall be safe for the children to use. They shall be smooth, free of breaks, open seams, chips, cracks. These shall also be accessible for cleaning and non toxic; and
All feeding bottles shall be properly and individually labeled, promptly refrigerated and always covered when not in use;

Food Requirements

There shall be an appropriate time interval for each meal: 2-3 hours between meals and snacks;
Each child shall be helped and served food;
A child care center shall serve breakfast, mid-morning snack, lunch, mid-afternoon snack, and dinner, if appropriate;
A weekly menu shall be posted in a conspicuous place in the day care center and kept on file within 30 days;
Food served to children shall be clean; free from spoilage, adulteration and misbranding; safe for consumption; obtained from a source which complied with the Department of Public Health’s food safety standards and permits, established in KRS

Requirements for Toilet, Diapering, and Toiletry

A child care center shall have a minimum of 1 toilet and 1 lavatory for each 20 children.

Each gender shall have a toilet room with a supply of toilet paper, and shall be cleaned regularly and as often as necessary. Toilets shall be clean, well-lit, and well-ventilated.

Toilet training for each toddler shall be informed to the parent. There shall be an adequate supply of disposable diapers and clean clothing.

Transportation

A child care center’s vehicles, drivers and insurance shall have complied to the requirements of the KRS and KAR.

A child care center arranging and providing transportation shall be licensed and approved by the Cabinet. They shall also have a detailed written plan regarding all information about the travel. It shall also keep a written policies and procedures. Written plan shall be informed to the Cabinet or designee.

Commonwealth Child Care Credential

Eligibility for Candidates

A candidate for Commonwealth Child Care Credential shall:

Be at least 18 years of age;
Be employed as a child care provider in a licensed facility in Kentucky, and have completed within 2 years of applying for credential authorization 60 hours of a planned program of instruction, as follows:

(a) Fourteen (14) hours in child growth and development,
(b) Fifteen (15) hours in learning environments and nutrition,
(c) Nine (9) hours in health, safety, and nutrition;
(d) Seven (7) hours in family and community partnerships,
(e) Four (4) hours in child assessment;
(f) Six (6) hours in professional development and professionalism; and
(g) Five (5) hours in program management and evaluation

Credential

After completing a 60-hour planned program instruction, a child care center shall submit to a professional development counselor for verification.

The cabinet shall grant the application based on the regulation of KAR.

Credential Renewal

A notice of renewal for the Commonwealth Child Care Credential shall be issued within 90 days to the child care provider and professional development counselor.

The Cabinet shall grant renewal of Commonwealth Child Care Credential to a child care provider who completes the additional 15 hours of training and submits verification of training.

The Cabinet shall award the credential upon receipt of verification of training from a professional development counselor.

Credential Denial

If the candidate has failed to comply with the requirements, the Commonwealth Child Care Credential application id denied.

If the Commonwealth Child Care Credential is denied, the individual shall be informed of reasons why the credential was denied. The applicant may reapply after complying to the requirements for Commonwealth Child Care Credential.

FIND A DAYCARE OR CHILD CARE IN KENTUCKY

State Licensing Contact
Division of Child Care
Cabinet for Families and Children
275 East Main Street
Frankfort, KY 40621

Phone: (502) 564-7962
Web Page: http://www.lrc.state.ky.us/kar/TITLE922.HTM