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 2:120 - Child-care center health and safety standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 151, 158.030, Chapter 186, 189.125,
				199.011(3), 199.894(1), 199.8951, 199.896(2), (18), (19), 199.8962, 199.898,
				211.350-211.380, Chapter 217, 311.646, 314.011(5), Chapter 318, 527.070(1),
				620.030,
				7 C.F.R.
				226.20, 16 C.F.R. 1219, 1220, 1221,
				45
				C.F.R. 98.2,
				49 C.F.R.
				571.213,
				20
				U.S.C. 6081-6084,
				42 U.S.C.
				9857-9858q
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
				and standards for child-care centers. KRS 199.8962(2) requires the Cabinet for
				Health and Family Services to promulgate administrative regulations to
				establish the requirements and procedures for the implementation of standards
				contained therein. This administrative regulation establishes health and safety
				standards for child-care centers.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by
			 KRS
			 199.011(3) and
			 199.894(1).
(2) "Corporal physical discipline" is defined
			 by
			 KRS
			 199.896(18).
(3) "Developmentally appropriate" means
			 suitable for the specific age range and abilities of a child.
(4) "Director" means an individual:
(a) Who meets the education and training
			 requirements as specified in 922 KAR 2:090, Section 10;
(b) Whose primary full-time job
			 responsibilities are to ensure compliance with 922 KAR 2:090, 922 KAR 2:280,
			 and this administrative regulation; and
(c) Who is responsible for directing the
			 program and managing the staff at the child-care center.
(5) "Health professional" means a person
			 currently 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.
(6) "Infant" means a child who is
			 less than twelve (12) months of age.
(7) "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.
(8) "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.
(9) "Parent" is defined by
			 45
			 C.F.R. 98.2.
(10) "Premises" means the building and
			 contiguous property in which child care is licensed.
(11) "Preschool-age" means a child who is
			 older than a toddler and younger than school-age.
(12) "Protective surface" means loose
			 surfacing material not installed over concrete, which includes:
(a) Wood mulch;
(b) Double shredded bark mulch;
(c) Uniform wood chips;
(d) Fine sand;
(e) Coarse sand;
(f) Pea gravel, except for areas used by
			 children under three (3) years of age;
(g) Certified shock absorbing resilient
			 material; or
(h) Other material
			 approved by the cabinet or designee, based on recommendation from a nationally
			 recognized source.
(13)
			 "Related" means having one (1) of the following relationships with the operator
			 of the child-care center:
(a)
			 Child;
(b) Grandchild;
(c) Niece;
(d) Nephew;
(e) Sibling;
(f) Stepchild; or
(g) Child in legal custody of the
			 operator.
(14)
			 "School-age" means a child who meets the age requirements of
			 KRS
			 158.030 or who attends kindergarten,
			 elementary, or secondary education.
(15) "Toddler" means a child between the age
			 of twelve (12) months and thirty-six (36) months.
(16) "Transition" means the changing from one
			 (1) child care arrangement to another.
(17) "Transition plan" means a document
			 outlining the process to be used in moving a child from one (1) child care
			 arrangement to another.
(18) "Type
			 I child-care center" means a child-care center licensed to regularly provide
			 child care services for:
(a) Four (4) or more
			 children in a nonresidential setting; or
(b) Thirteen (13) or more children in a
			 residential setting with designated space separate from the primary residence
			 of a licensee.
(19)
			 "Type II child-care center" means the primary residence of the licensee in
			 which child care is regularly provided for at least seven (7), but not more
			 than twelve (12), children including children related to the
			 licensee.