Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:090 - Child-care center licensure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, Chapter 157, 158.030, 199.011(3),
				(4), (16), 199.892, 199.894(1), (3), 199.895, 199.896-199.898, 214.010,
				214.036, 314.011(5), 600.020(1), 620.020(8), 620.030,
				45
				C.F.R. 98.2,
				98.43,
				42
				U.S.C. 601-619,
				9831-9852,
				9857-9858r
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate programs and fulfill the
				responsibilities vested in the cabinet, qualify for the receipt of federal
				funds, and cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				199.896(2) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				to establish license fees and standards for a child-care center.
				KRS
				199.896(6) requires the
				cabinet to establish an informal dispute resolution process. This
				administrative regulation establishes licensure standards for a child-care
				center and describes the informal dispute resolution process.
Section 1. Definitions.
(1) "Applicant" means an individual or entity
			 applying to become a licensee or renew status as a licensee.
(2) "Cabinet" is defined by
			 KRS
			 199.011(3) and
			 199.894(1).
(3) "Child" is defined by
			 KRS
			 199.011(4).
(4) "Child care" means care of a child in a
			 center or home that regularly provides full or part-time care, day or night,
			 and includes developmentally appropriate play and learning
			 activities.
(5) "Child-care center"
			 is defined by
			 KRS
			 199.894(3).
(6) "Contract substitute staff member" means
			 a person who temporarily assumes the duties of a regular staff person, meets
			 the requirements established in Section 12 of this administrative regulation,
			 and receives payment from a contract entity rather than the child care
			 center.
(7) "Director" means an
			 individual who meets the education and training requirements established in
			 Section 10 of this administrative regulation.
(8) "Finding of fraud" means a suspected
			 intentional program violation referred in accordance with 922 KAR 2:020,
			 Section 4(4)(a)1, that is accepted for investigation and substantiated by the
			 cabinet's Office of the Inspector General.
(9) "Health professional" means a person
			 actively licensed as a:
(a)
			 Physician;
(b) Physician
			 assistant;
(c) Advanced practice
			 registered nurse; or
(d) Registered
			 nurse as defined by
			 KRS
			 314.011(5) under the
			 supervision of a physician or advanced practice registered nurse.
(10) "Infant" means a child who is
			 less than twelve (12) months of age.
(11) "Licensee" means the owner or operator
			 of a child-care center to include:
(a) Sole
			 proprietor;
(b)
			 Corporation;
(c) Limited liability
			 company;
(d) Partnership;
(e) Association; or
(f) Organization, such as:
1. Board of education;
2. Private school;
3. Faith-based organization;
4. Government agency; or
5. Institution.
(12) "Nontraditional hours" means
			 the hours of:
(a) 7 p.m. through 5 a.m.
			 Monday through Friday; or
(b) 7
			 p.m. on Friday until 5 a.m. on Monday.
(13) "Parent" is defined by
			 45
			 C.F.R. 98.2.
(14) "Parental or family participation" means
			 a child-care center's provision of information or inclusion of a child's parent
			 in the child-care center's activities, including:
(a) Distribution of a newsletter;
(b) Distribution of a program calendar;
			 or
(c) A conference between the
			 provider and a parent.
(15) "Pediatric abusive head trauma" is
			 defined by
			 KRS
			 620.020(8).
(16) "Premises" means the building and
			 contiguous property in which child care is licensed.
(17) "Preschool-age" means a child who is
			 older than a toddler and younger than school-age.
(18) "Qualified substitute" means a person
			 who meets the requirements of a staff person established in Section 11 of this
			 administrative regulation.
(19)
			 "School-age" means a child who meets the age requirements of
			 KRS
			 158.030 or who attends kindergarten,
			 elementary, or secondary education.
(20) "Secretary" is defined by
			 KRS
			 199.011(16).
(21) "Toddler" means a child between the age
			 of twelve (12) and thirty-six (36) months.