KRS § 199.8982 — KY Code / Title XVII / Chapter 199 / Section 199.8982
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
Status: in_force

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.