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How to Start a Daycare > Licensing, Rules & Regulations by State > Kansas

START A DAYCARE IN KANSAS
LICENSING, REGULATIONS, LAWS



START A DAYCARE IN KANSAS KANSAS DAYCARE LICENSE
CHILD CARE PERSONNEL-TO-CHILD RATIO HOME DAYCARE REQUIREMENTS
GROUP DAYCARE REQUIREMENTS FAMILY DAYCARE REQUIREMENTS
CHLID CARE STAFF HEALTH IMPORTANT PRACTICES
FIND A DAYCARE OR CHILD CARE IN KANSAS


People, particularly the parents, decide on which child care provider to choose after visiting them and seeing how they operate. In one way or another, decision-making is also based on the premise of trust that the child care provider is properly inspected and regulated by the state. This gives the parents assurance that their child will be under safe conditions and a conducive learning environment. This is the major reason why the State of Kansas strictly implements its regulations on child care centers through its policies and standards, which if ever not met by the centers will mean invalidation of their licenses. For the child care centers to be able to operate, they must comply with certain set requirements.

LICENSE

Upon compliance to standards, submission of necessary requirements, and approval of the state, licensing can be obtained. License can be rewarded to anyone who is into establishing a child care program in Kansas like individuals, corporations, associations, and others.

APPLICATION FOR A LICENSE

The Department of Health and Environment of Kansas is the one setting the regulations for licensing for child care providers. License applicants can be any government body, individuals, partnerships, and others who are planning to provide child care. In addition, no restrictions are present when it comes to certain parameters like religion, sex, political views, origin, or age.

The department's set fees are required when getting a license or when renewing a license to be sent to the department secretary. In Kansas General Regulations K.A.R. 28-4-92, it is indicated that $15.00 is the fee required fee for child care providers applying for license with no greater than 12 children capacity, and $35.00 for providers with higher capacity including $1.00 for each child to be included in the capacity and with total cost not exceeding $75.00.

Compliant applicants to the department's requirements are given full license and are consequently bound to follow existing regulations on operating the child care program.

Suspension and revoking of license and registration certificate, fine imposing, and other measures can be done by the Kansas Department of Health and Environment upon violation of applicants and license holder child care providers. Other processes details for licensing can be obtained from health department of the county.

PERSONNEL QUALIFICATIONS (GENERAL)

The leader of the child provider group consisting of not greater than 12 children must have finished high school or equivalent and must be of minimum 18 years of age. Another requirement is experience, which includes minimum of 6 months of teaching. This teaching period can be equated to at least 10 hours accepted workshops or early childhood teaching and child development training, and 5 sessions of two-hour long observation on children, of same age with that of the personnel will be taking care of, in a child care provider facility. Work experience of three months or CDA or supervised observation in college or high school is also required, plus curriculum resources.

The regulation for a child care provider with greater than 12 but less than 24 children regarding the age requirement for the leader is similar with that of the previous one. The personnel must finish high school or its equivalent. Another requirement is one year teaching experience or same period of practicum under supervision, or 7-9 semester hours in early childhood teaching/child development training with 3-month experience in teaching, or a year of practicum, or CDA; with additional 5 sessions of observation in a child care facility.

To be able to ensure the health of the children, personnel and staff of age 16 years and above are required to submit their medical or health certificates. Conversely, records on the health of the children are required from the parents and must be properly documented by the child care provider.

CHILD CARE PERSONNEL-TO-CHILD RATIO

The number of child per personnel generally decreases with decreasing age of the child. Guidelines on the ratio for child care centers follow.

Child age range Ratio
School Age (Grade 6 to Grade 12) 1:16
School Age (Kindergarten to Grade 12) 1:14
3 to 6 years 1:12
2 to 6 years 1:10
Toddlers 1:5
Infants 1:3
Mixed (0 to 6 years) 1:4

On the other hand, for a family child care center where the range of age is 0 to 18 months, the acceptable ratio is one personnel per 3 children.

DAY CARE HOME REQUIREMENTS

The address indicated in the issuance of license can be the provider’s home or other location outside his or her home. Understanding on children safety and conditions is required for all personnel. Checking of criminal records is done by the KBI for child abuse cases. This said statement applies to all staff of the day care home. To be added to the licensing fee earlier stated, local fees may be required.

The maximum number of children allowed for a day care home is ten, with age below 16 years. The child care provider must take note that his or her age with respect to the child age difference must not exceed 11 years. In addition, the maximum number of children to be looked after at one time differs according to age.

GROUP DAY CARE HOME REQUIREMENTS

Maximum of twelve children are allowed in this type of child care, who are also must be below 16 years of age. The provider-child age gap, criminal records check, fees are similar to that of the previous type. Fire safety in the day care home is checked and must be approved before issuance of license.

FAMILY DAY CARE HOME REQUIREMENTS

Children in the family day care home must not exceed the number of six children. Requirements like that regarding age and criminal history check are similar to the previous types. The required fee is $5.00 exclusive of local fees. Safety evaluation completion must be secured by the provider. Confirmation regarding safety in delivering children’s well-being and health of the family day care home is included in the evaluation.

CHILD CARE CENTER REQUIREMENTS

The number of children is usually greater or equal to thirteen in this type of child care provider, though the number can be smaller. Range of age of children is two weeks to sixteen years old. Building clearances and program clearances must be met, aside from other requirements. Full-time service of the center director is required. There must also be a staff looking after the children at all times whose number depends on the number of children, aside from the previously mentioned. As said in the earlier statement, the staff must have a good understanding of the children’s conditions and needs, and must be aware of the occurrences of child abuse and others. Checking of criminal history of all the staff is also required. As it has been said in the general licensing requirements, child care center licensing fees is $35.00 to $70.00 depending on the number of children.

PRESCHOOL REQUIREMENTS

Children of age 30 months to age up to the age near eligibility for kindergarten can be enrolled in a pre-school, which includes nursery, church-sponsored, Montessori, and cooperative schools. Limit regarding sessions is 3 hours and it must be noted that a child should be enrolled only in a single session per day. To be able to be rewarded with a license, the facilities and program of the preschool must comply with the requirements of the state. The state also poses limits on staff-to-child ratio and group size and compliance is needed to secure licensing.

There must be a program director who has been qualified for the job, and is employed full-time. Qualified staff visibility must be maintained in all units of the preschool at all times to attend to the needs of the children, to assist in case of accidents and illness, and to protect them from abuse. Criminal history check and fees guidelines of a child care center also apply in preschool.

HOME-BASED DAY CARE GUIDELINES

Not all home-based day care need licensing or registration. When the number of children not related to the child care provider does not exceed two for not greater than twenty hours a week and the house has proper facilities for child care, there is no need to apply. Also, this is applicable to neighbors with informal child care arrangements, to child care in the child’s home, and child care in the child’s relative.

Guidelines and parameters assistance for home-based day care, whether or not there is a need for licensing, can be inquired from KDHE upon submission of a written description containing program details. The purpose, offered services, children’s ages, operation details, program owner and operator, name of the sender and contact details must be stated.

GENERAL REGULATIONS FOR REGISTERED AND LICENSED PROVIDERS

Family day care homes, day care homes, group day care homes, preschools, and child care centers need to comply with the regulations set by the state to be able to continually function and to be able to renew and avoid nullification of their license. Checking for compliance is to be done regularly upon issuance of license to see if the child care providers abide by the regulations of the department. Protection, welfare, and health of the children are the main considerations.

For at least once every year, licensed day care homes, group day care homes, child care centers and preschools will be checked by health departments of the county or private bodies with collaborations with the Kansas Department of Health and Environment. On the other hand, family day care homes will be inspected if ever the department will receive a complaint against the said child care provider.

Parent’s Permission and Access

Children’s parents must be able to access the facilities of the child care provider. Visitation procedure must be established by the provider with the help of a legal custodian. Forms from the Kansas Department of Health and Environment containing parents’ permit must be secured by the provider before letting the child go outside the premises of the child care facility. Before going off-premises, the destination, the adult accompanying the child, and the approximate time of return to the facility must be defined.

Staff Child Abuse and Criminal History

Details about the volunteers and staff or anyone rendering service older than 10 years of the child care facility must be submitted to the Kansas Department of Health and Environment prior to registration or licensing, including name, address, and birthday. This is not applicable to child care in child’s own home.

New members of the staff, above 10 years of age, details similar to what are mentioned above should be submitted to the department within a week after entry.

The child care facility must secure a copy of the documents.

Child Care Staff Health

All health aspects of the child care personnel must be ensured, including physical emotional and mental, in order to prevent mishandling of children and to make sure that they will be well taken care of. Those mentioned must be fit to be able to facilitate well on the learning and experiences of the children. Regular health checking must be conducted by health professionals like physician, nurse, and others. Substitute personnel’s health must also be confirmed before letting them take care of the children.

Personnel should not be under the influence of drugs or alcohol when looking after the children in the facility.

To avert spreading of diseases like tuberculosis in the facility, all staff are required to undergo tests like tuberculin test. This is also needed to see if they have any of the disease symptoms so that they can be treated right away. Whatever related event and results of the tests and assessment must be recorded in the department’s provided forms.

Emergency Preparedness and Safety

Emergency contact numbers must be always posted visible on the premises connecting to hospitals, ambulance, fire station, poison control, and others. Proper action should be immediately done at the clinic or hospital when an accident happens to any of the children. For each child, the child care provider must have the following:

  1. written document from the parent or guardian indicating permission for doing emergency treatment required by the medical institution
  2. contact details of the physician to be contacted when emergency happens

When emergencies occur, the health and medical documents on-file at the child care facility must be brought so that the medical facility will be able to see the child medical history. The child should be accompanied at all time by a staff if there is no parent around when brought to an emergency facility. Parents or guardians must be informed immediately when an emergency happens to their child that requires medical attention. Any casualty, illness, or injury must be reported to Kansas Department of Health and Environment one working day after the occurrence.

The following procedures for safety are set to prevent accidents in child care facility:

  1. Emergency plan should be developed for preparedness for calamities and accidents like storms, tornadoes, fire, serious injuries, and flood, which should be visible in the facility.
  2. Emergency plan should be reviewed together with the parents and guardians
  3. All staff, including substitutes should be aware and informed of the emergency plan
  4. The facility must conduct a drills monthly, recording the time and date of each drill in which each child must be able to participate. These must include fire drills that must be done every month and tornado drills that must be done from April to September.
  5. Staff must know how to do first aid. Details on the training must be well-documented.

Swimming & Wading Facilities

There are guidelines to be followed set when conducting activities like swimming and wading. Child care providers must be aware of the following:

  1. Construction of the swimming and wading facilities must be of proper nature, ensuring safety of the children
  2. Number of children and ages of children in the pools must be looked at, not exceeding the appropriate limit. They must be under supervision at all times, particularly of a staff who is knowledgeable in CPR and life-saving techniques.
  3. Rules must be posted in strategic locations and must be explained to the children before using the facilities
  4. Fences of height about five feet or more should be put around below-ground pools to avoid access by children. These should also be put to above-ground pools approximately of four-foot height. Removable steps must be put when in use.
  5. Ropes and ring buoy or shepherd’s hook must be put in swimming pools with diameter or length and width greater than six feet.
  6. Wading pool water should be replaced daily.
  7. Children should not be allowed to use hot tubs, unless medically prescribed
  8. Permission should be obtained from Kansas Department of Health and Environment if activities will be done in ponds or lakes. Staff-child ratio is to be maintained and lifeguard must accompany the group.

Transportation facilities

Enumerated below are the guidelines for use of child-care-provider-leased or owned vehicles and for use of volunteer and staff-owned vehicles in child care facilities. They were laid down to ensure safety and well-being of the children under the child care facility, as well as the maximization of their learning.

  1. Drivers of child-care-owned vehicles should be of right age, 18 years or above, and should secure necessary licenses before working like operator’s license. There should only be proper vehicles for children’s use and inappropriate vehicles like trailers, truck beds or camper shells should not be used./li>
  2. Maintenance and regular checks should be done, specifically on important vehicle parts like steering, brakes, lights, exhaust system, mirrors, windshield, horn, wipers, and others, to be able to ensure child and staff safety when in use.
  3. Policies on insurance should be applied to the child care provider-owned vehicle. Specifications include the amount for liability and accident insurance that is equal or greater than $100,000. The amount is to cover a single case of personal injury or casually. For such event involving two or more persons, the amount should not be less than $300,000. Property loss, on the other hand, should be covered by amount of $50,000.
  4. Health assessment forms of children as well as emergency release forms should be carried with the transportation vehicle when in use by the children for going to destinations not exceeding 60 miles from the child care facility. First aid kits should also be readily available in the vehicle, including important things like bandages, band-aids, scissors, and other equipments.
  5. Equipment for special passengers should be available inside the vehicle like car carrier for infants who cannot sit up when free of support. For children, meanwhile, who can sit up without support, devices like safety harness, shield-type equipments, and appropriate car seats that can support 40 pounds of mass, should be provided. Lap belt should be available for children exceeding mass of 40 pounds, or shoulder straps in the event that lap belts cannot be used. It must be noted that a lap belt is intended for one child only. Use of buses as transportation facility will only be allowed if it has the said restraint facilities.
  6. Protective measures for children should be done at all times because accidents usually happen in the most unexpected times and places. Measures on safety the following

    1. Securing the door of the vehicle closed as the vehicle is running.
    2. Discipline observance and implementation at all times to prevent occurrences of accidents.
    3. Seeing to it that no child’s body part is outside the vehicle while it is running or in motion.
    4. Remaining inside the car, for children, at all times when the transportation is in use, even when the traffic is heavy and the vehicle is not in motion.
    5. Keeping them, the children, inside the vehicle attended at all times and ensuring that no single child will be left alone.
    6. While transporting with the children, avoiding smoking in the transportation facility.
    7. Satisfactory staff-to-child ratio maintenance during transportation, particularly on children under the age of six
    8. Going to the intended locations and destinations only, as indicated in the permits of the children from their legal guardian or parents or by the child care personnel in charge.
    9. For personnel-owned vehicles, applying liability and accident insurance, which is required K.S.A. 40-3104 and K.S.A. 40-3118. Requirements concerning restraint equipments necessary for ensuring safety are also applicable to these vehicles.
    10. Encouraging the private vehicle driver to be aware of the guidelines for children safety as stated in the above statements. Information on the topic of safety and well-being of the children during their transportation should be posted in the vehicle or given to the driver.

Pets in the Child Care Facility

There should be a designated pet area for animals like birds and fishes inside the child care provider establishment so that cleanliness and sanitation will be maintained. The succeeding course of action below should also be followed in managing animals inside the child care provider premises children.

  1. Kitchen facilities of the child care provider establishment should be free of any pet animals like birds, and others. It should be used for its intended use only, which is for preparation of clean food for children.
  2. Immunization of the pet animals should be secured, particularly animals with higher level of contact with the children like cats and dogs. The child care provider should see to it there are immunization records from the veterinarian to be filed.
  3. Animals posing hazards to children in the facility should not be allowed to be in contact with the latter. It should be noted that pit bulldogs are not allowed since they are of high hazard for the

Children are not of enough capability to handle animals with high-level of hazards. Supervision has to be done always by knowledgeable personnel when it comes to animal care when dealing with animals, especially during activities requiring animal exposure like exhibits.

Important Practices

Since the facility is intended for child care, the staff should be aware of appropriate, proper, and necessary child care practices. The said manners see to it that the needs of the children are well supplemented without compromising their safety. There are three important concepts that should be put in mind in practicing child care: supervision, discipline, and sanitation. The strategies shown below are important in applying these three concepts.

  1. Policies on discipline should be written and documented. Everyone including personnel, teachers, and others with connection to providing child care in the facility should be aware of these policies. It is very important that parents are to be informed regarding the policies.
  2. Punishments to children should always be appropriate and regulated. Proper measures for practicing such should be done, and prohibited punishments should be avoided. To be specific, the following are the prohibited punishments that should never be done to children.

    1. spanking using the hand or any object, hitting, slapping, pulling hair, tugging the arms, and others, known as corporal punishments
    2. delivering threats, verbal abuses, and disparaging words especially regarding the origin of the child
    3. putting into a constricted place like locked rooms, boxes and closets, or confined situations like tying, binding, handcuffing and others.
    4. denying supplies like food, water, and others.
    5. doing hurtful practices like burning, stinging or placing harmful substances in parts of the child’s body

  3. Using isolation as punishment for children needs proper approval from the authority, particularly the Kansas Department for Social and Rehabilitation Services.
  4. Proper toileting and diapering of children should be practiced so that cleanliness of the child care facility will be maintained. Shown below are the good and proper practices that should be done.

    1. Changing soiled or wet beddings and clothing immediately to prevent spread of microorganisms and unease to other children or staff.
    2. Changing the clothing of children under age of three at the facility, at least once
    3. Making hand washing equipments accessible to areas like the diaper changing area and practicing proper hand washing using water and soap after changing the diapers
    4. Using proper equipments in changing diapers specifically a diaper changing table, which a requirement for any child care center is as stated in K.A.R. 28-4-420. Clean pad should be used if changing will be done on the floor. Proper place for changing diaper should also be considered, which should be in the child’s playpen or cribs.
    5. Choosing the right kind of equipment for diaper changing, like changing pads and tables. It must be noted that the surfaces should be undamaged. The stability of the tables must also be secured and must be equipped with safety straps or railing.
    6. Keeping the children attended at all times during diaper changing.
    7. Observing proper sanitation of equipments before utilizing them by using disinfectant such as chlorine solution, prepared using 1 cup of chlorine bleach to a gallon of water. Commercially available disinfectants can also be used.
    8. Following proper procedures when washable training pants or diapers are to be used; For day care centers, the pants or diapers has to be labeled, covered and stored in a plastic bag or container after washing. Upon doing these, the garments can be returned to the child’s parents or guardian. On the other hand, for child care homes, procedures pertaining to sanitary laundering have to be followed to ensure that any infection will be immediately controlled.
    9. Getting rid of disposal diapers properly. They should be put in a plastic bag or container to be emptied on a daily basis. Emptying can be done frequently for better odor control.
    10. Observing proper use of child-sized toilets and potty chairs. After use and after immediately disposing all the contents in the toilet for flushing, they have to be sanitized properly, and must be left inside the toilet room. In a child care center for it to be compliant as stated in K.A.R. 28-4-420, the toilet-to-toddler ratio should be 1:5. It must be noted, however, that potty chairs are not included in the said ratio.
    11. Posting the proper procedures in changing diaper in child care provider facilities like child care homes, child care centers, and group day care homes when the children under care are below 2-and-a-half years. Following the U.S. Department of Health and Human Services, Public Health Service recommended procedures in 1984 should be observed.

The Kansas Department of Health and Environment adapts the procedures given by the Centers for Disease Control under Public Health Service of U.S. Department of Health and Human Services. There are guidelines for diapering a child and they are enumerated below

  1. Checking if there are adequate amount of supply. There must be enough clothes or diapers, pre-moistened small towels and paper towels that are freshly dampened, plastic bag as diaper container.
  2. Placing a disposable towel or roll paper in the surface in which the bottom of the child will be situated
  3. Holding them away from you whenever you need to get them. Only the hands should be used to handle the child. You can wear disposable gloves.
  4. Laying them on the disposable towel or paper.
  5. Removing soiled garments and putting them into the plastic bag, this can be given to the parents if they are going to fetch their child when the day ends. Letting them wash these minimizes spreading of microorganisms.
  6. Cleaning their bottom with the previously prepared towels or paper towels, which can be immediately disposed after use.
  7. Removing the disposable towel or roll paper beneath and disposing it immediately.
  8. Wiping your hands using pre-moistened towel or paper towel to be disposed right away and put in plastic bag, or removing your gloves.
  9. Diapering or dressing the child. This time, the child can be held close to the person changing his or her diaper.
  10. Washing the hands of the child and making sure that the child will not have any contact with other objects before doing so.
  11. Returning to his or her crib or play pen.
  12. Cleaning and disinfecting the area, supplies, and all equipments used
  13. Washing hands well with water and soap.

FIND A DAYCARE OR CHILD CARE IN KANSAS

CONTACT KANSAS CHILD-CARE LICENSING AND REGISTRATION

Further information requests can be forwarded to KDHE.

Child Care Licensing and Registration
1000 SW Jackson, Suite 200
Topeka, KS 66612-1274
Phone: (785) 296-1270
FAX: (785) 296-0803