199.8982 Family child-care home certification program -- When required -- Requirements for certification -- Unannounced inspection -- Use of information -- Authority to promulgate administrative regul - Kentucky Statutes

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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. (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 17.165. The
application shall be denied if the applicant has been convicted of a
violent crime or sex crime as defined in KRS 17.165; 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 and shall be accompanied by a ten dollar ($10) certification fee. 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 of ten dollars ($10). (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. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 71, effective July 15, 2010; and ch. 171, sec. 8, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 144, sec. 1, effective
July 15, 2008. -- Amended 2000 Ky. Acts ch. 14, sec. 24, effective July 14, 2000;
and ch. 308, sec. 19, effective July 14, 2000;. -- Amended 1998 Ky. Acts ch. 426,
sec. 158, effective July 15, 1998; and ch. 524, sec. 4, effective July 15, 1998. --
Amended 1996 Ky. Acts ch. 318, sec. 91, effective July 15, 1996. -- Created 1992
Ky. Acts ch. 57, sec. 2, effective July 14, 1992. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 85 and 171, which do not appear to be in conflict and have been
codified together. Legislative Research Commission Note (7/14/2000). This section was amended by 2000 Ky. Acts chs. 14 and 308, which are in conflict. Under KRS 446.250, Acts
ch. 308, which was last enacted by the General Assembly, prevails.