K.S.A. § 75-7713 — KS Code / Chapter 75 / Article 77 / Section 75-7713
75-7713 - Equipment, supplies and accommodations; competent supervision and care of children; safe sleep practices; rules and regulations; immunizations.
Status: in_force

75-7713. Equipment, supplies and accommodations; competent supervision and care of children; safe sleep practices; rules and regulations; immunizations. (a) Each day care facility subject to this act shall:

(1) Be properly heated, plumbed, lighted and ventilated;

(2) have plumbing, water and sewerage systems that conform to all applicable state and local laws; and

(3) be operated with strict regard to the health, safety and welfare of each child.

(b) (1) Every day care facility shall furnish or cause to be furnished for the use of each child and employee an individual towel, washcloth or disposable towel, comb, individual drinking cup or sanitary bubbling fountain and toothbrushes for all children other than infants, and keep or require such articles to be kept at all times in a clean and sanitary condition.

(2) Toothbrushes in a day care facility may be used after meals or as appropriate.

(3) Every day care facility or child care resource and referral agency shall comply with all applicable fire codes and rules and regulations of the state fire marshal.

(c) The director of the Kansas office of early childhood shall develop and adopt rules and regulations for the operation and maintenance of day care facilities. The rules and regulations for operating and maintaining day care facilities shall be designed to promote the health, safety and welfare of any child served in such facilities by ensuring safe and adequate physical surroundings, healthful food, adequate handwashing, safe storage of toxic substances and hazardous chemicals, sanitary diapering and toileting, home sanitation, supervision and care of the residents by capable, qualified persons of sufficient number, after-hour care, an adequate program of activities and services, sudden infant death syndrome and safe sleep practices training, prohibition on corporal punishment, crib safety, protection from electrical hazards, protection from swimming pools and other water sources, fire drills, emergency plans, safety of outdoor playground surfaces, door locks, safety gates and transportation and such appropriate parental participation as may be feasible under the circumstances.

(d) In addition to any rules and regulations adopted under this section for safe sleep practices, a day care facility shall ensure that all of the following requirements are met for children under 12 months of age:

(1) A child shall only be placed to sleep on a surface and in an area that has been approved for use as such by the director of the Kansas office of early childhood;

(2) the sleep surface shall be free from soft or loose bedding, including, but not limited to, blankets, bumpers and pillows; and

(3) the sleep surface shall be free from toys, including mobiles and other types of play equipment or devices.

(e) A day care facility shall ensure that children over 12 months of age only be placed to sleep on a surface and in an area that has been approved for use as such by the director of the Kansas office of early childhood.

(f) The director of the Kansas office of early childhood may exercise discretion to make exceptions to requirements in subsections (d) and (e) where special health needs exist.

(g) Each child cared for in a day care facility, including children of the person maintaining the facility, shall be required to have current immunizations as the secretary of health and environment considers necessary. The person maintaining a day care facility shall maintain a record of each child's immunizations and provide to the secretary of health and environment and the director of the Kansas office of early childhood such information relating thereto, in accordance with rules and regulations of the secretary of health and environment and director, except that the person maintaining a day care facility shall not have such person's license revoked solely for the failure to have or maintain the immunization records required by this subsection.

(h) The immunization requirement of subsection (g) shall not apply if one of the following is obtained:

(1) Certification from a licensed physician stating that the physical condition of the child is such that immunization would endanger the child's life or health; or

(2) a written statement signed by the child's parent or guardian that such immunization violates sincerely held religious beliefs of the parent or guardian.

(i) This section shall take effect on and after July 1, 2026.