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), 199.894(1), (3), 199.895, 199.896-199.898, 214.010, 214.036,
				314.011(5), 620.020(8), 620.030,  45 C.F.R. 98.2, 98.43,  42 U.S.C. 9831-9852
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)
			 "Instructional program" means a program operated by a business, educational
			 institution, sole proprietor, or government entity that strictly serves
			 school-aged children in providing specialized instruction or the continuation
			 of learning outside the time period when school is in session.
(12) "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.
(13) "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.
(14) "Parent" is defined by  45 C.F.R. 98.2.
(15) "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.
(16) "Pediatric abusive head trauma" is
			 defined by KRS 620.020(8).
(17)
			 "Premises" means the building and contiguous property in which child care is
			 licensed.
(18) "Preschool-age"
			 means a child who is older than a toddler and younger than
			 school-age.
(19) "Qualified
			 substitute" means a person who meets the requirements of a staff person
			 established in Section 11 of this administrative regulation.
(20) "School-age" means a child who meets the
			 age requirements of KRS 158.030 or who attends kindergarten, elementary, or
			 secondary education.
(21)
			 "Secretary" is defined by KRS 199.011(16).
(22) "Toddler" means a child between the age
			 of twelve (12) and thirty-six (36) months.