Child Care Licensing Regulations

Importance of Licensed Child Care

Licensed child care provides oversight and assurances to parents that the individuals caring for their children, and the environment they are spending time in, meet certain standards. Per KDHE, our goal is to “reduce the risk of predicable harm to children while in out of home care settings. Regulations serve as the foundation for healthy and safe program operation. Base level regulation should not be interpreted as meaning low quality. Rather, regulations form the foundational level of quality that all programs must obtain and maintain.”

Types of Child Care Facilities

Click on the facility type you are associated with to learn more. Unsure which type of license your facility has? Here are some helpful hints:

Child Care Centers provide care and educational activities for children two weeks to 16 years of age, at least 3 hours per day, including daytime, evening and overnight care. They’re generally licensed for 13 or more children. Each room on the license allows for a specific number of children in certain age categories (see below). Capacity is based on square footage and fire marshal approval.

Preschools are defined as a facility that provides learning experiences for children who have not attained the age of eligibility to enter kindergarten who are 30 months of age or older with sessions not over 3 hours, does not enroll any child in more than 1 session per day, and does not serve a meal. Preschool regulations are included in the regulation book for child care centers, though some regulations, such as safe sleep, will not apply.

Family Child Care Homes provide care for not more than 12 children under 16 years of age, with a limited number of children under 5 years of age.

CareArc Licensing Specialists

Map

We serve Chase, Coffey,Greenwood, Lyon, Marion,Morris, Osage, and Wabaunsee Counties.

What We Do

Initial Inspection

Initial Inspection at a facility located in a commercial space is scheduled and occurs prior to children being in care. This
inspection primarily looks at the environment and required policies of the facility. Once compliance is established, a
temporary permit is issued and KDHE requests another survey. All surveys moving forward will be unannounced. During
the compliance visit, which occurs when children are in care, we’ll evaluate the environment again, review staff and
children’s files, interview staff and the program director, observe classroom interactions, and ensure the facility is
operating within the terms of their license with appropriate staff to child ratios.

Annual Inspection

Annual inspections include an environmental evaluation, review of staff and children’s files, review policies, procedures,
and other required paperwork, interviews with staff and the program director, observations of classroom interactions, and
evaluation to ensure the facility is operating within the terms of their license with appropriate staff to child ratios.

Compliance Checks

Compliance Checks may be requested by KDHE to follow up on non-compliance that was cited at another visit, incomplete
background checks, or other reasons as determined by KDHE.

Complaint Inspections

Complaint Inspections typically focus on the area of concern noted in the complaint. Compliance with the terms of the
license and ratios is evaluated at all visits. More information on complaint investigations below.

All facilities must be inspected at least once every twelve months, per state law. Additional inspections occur on an as needed basis
and surveys occur ONLY as directed by KDHE. KDHE requests surveys be conducted by licensing specialists within specific
timeframes.

Regulatory Highlights

Parent Access- Each parent and legal guardian of an enrolled child has access to the premises during all hours of operation.

Comprehensive Background Checks- All individuals who work, regularly volunteer, and any other individual whose activities
involve either supervised or unsupervised access to children must have their information submitted to KDHE for the purpose of
completing a background check. Each individual must be assigned a role and the assigned role determines whether a fingerprint
based background check is required. Background checks submitted to other agencies (i.e. KSBN, KSDE) will not transfer and meet
the KDHE requirement.

Reporting Requirements

• Report by the end of the day any injury that requires first aid (ice pack, bandage)
• Immediately notify the parent/guardian if a child becomes ill
• Critical incidents, incidents which jeopardize the health or safety of children, must be reported immediately to the
  parent/guardian, and reported to KDHE by the next working day. Critical incidents include but are not limited to fire damage,
  vehicle collision, missing child, injury to a child that requires medical care outside the facility, injury to a child by an animal,
  and the death of any child or staff member.
• Each staff member must report any suspected child abuse or neglect within 24 hours to the Kansas Department for Children
  and Families.
• Communicable diseases (those on the KDHE list) must be reported to Licensing Specialists and all parents must be notified of
  the nature of the illness without disclosing the child’s identity.

Emergency Plans must be developed for a variety of emergencies likely to occur.

Behavior Management plans must be written, consistent with the goals and purposes of the program, specific to the various
ages served by the program, and be designed to help a child develop inner controls and manage the child’s own behavior in a
socially acceptable manner. Prohibited punishments include corporal punishment, mental and emotional cruelty, binding or
tying to restrict a child’s movement, confining a child to high chair, play yard, crib, closet, or similar enclosure, withholding or
forcing foods, toilet use, or rest, and placing any substances that stings, burns, or has a bitter taste in the child’s mouth on the
tongue, or any other part of the child’s body.

Safe Sleep plans must be developed, on file, and shared withparents. Facilities must follow all safe sleep regulations andvariations from regulation must be requested through a formalKDHE exception process and include a note from the child’sphysician.

Program Directors are defined as a staff member of a child care center or preschool who meets one of the requirements in the
applicable category on form CCL 312, based on the facility capacity. Per regulation, Program Directors shall demonstrate the
following:

1. Knowledge of child development, early childhood education, and indicators that a child may not be meeting developmental
   milestones;
2. knowledge of licensing regulations applicable to child care centers and preschools;
3. administrative, leadership, and management skills in facility operations;
4. interpersonal skills necessary to communicate clearly and appropriately;
5. capability in curriculum design and implementations; and
6. knowledge of community resources available to families, children, and children with special health care needs.

Lead Teachers are defined as a staff member of a child care center or preschool who meets one of the requirements on form
CCL 313. Per regulation, Lead Teachers shall demonstrate the following:

1. Knowledge of licensing regulations applicable to their duties;
2. knowledge of child development, early childhood education, and indicators that a child may not be meeting developmental
   milestones;
3. skills and availability to implement age-appropriate activities;
4. the ability to recognize signs of illnesses, safety and injury hazards, and respond with prevention interventions;
5. understanding of and ability to respond appropriately to children’s needs;
6. the ability to foster positive, healthy relationships with children; and
7. interpersonal skills necessary to communicate clearly and appropriately.

There must be a staff member qualified as a lead teacher, present in each classroom, at all times.

Assistant Teachers are defined as a staff member of a child care
center or preschool who is responsible for assisting the lead teacher.
Per regulation, Assistant Teachers shall demonstrate the following:

1. Ability to carry out assigned tasks competently under the guidance
   of another staff member;
2. skills and ability to implement age-appropriate activities;
3. understanding of and the ability to respond appropriately to
   children’s needs;
4. the ability to foster positive, healthy relationships with children;
   and
5. interpersonal skills necessary to communicate clearly and
   appropriately.

Leadership

• Facilities must have a full time Program Director on staff.
• Facilities licensed for over 60 children must have a Program Director with no other assigned responsibilities that interfere with
  the essential functions of the job.
• Facilities licensed for over 60 children must have an Administrator on staff, who may also be the Program Director.
• Facilities licensed for over 100 children must have a qualified Assistant Program Director.
• Facilities licensed for over 160 children must have an Assistant Program Director with no other assigned responsibilities that
  interfere with the essential functions of the job.

Training

Orientation: all staff must have orientation within 7 days of hire. Orientation must include licensing regulations; the policies and practices of the preschool or child care center, including emergency
procedures, behavior management, and discipline; the schedule of daily activities; care and supervision of children in care, including any special needs and known allergies; health and safety practices; and
confidentiality.

Health and Safety Training: all staff must have foundational health and safety training, generally taken online through KCCTO.org, including: recognizing the signs of child abuse and neglect; basic child
development; safe sleep practices; prevention and control of infectious diseases; prevention of and response to food allergies; building and premises safety; emergency preparedness and response
planning; handing and storage of biohazards; precautions when transporting children (if applicable), and medication administration. This is taken at the time of hire into the early childhood field and does
not need to be retaken.

First Aid/CPR: all staff must have First Aid/CPR certification within 30 days of hire. This must be kept current.

Annual Training: All staff need 16 hours of professional development training. As part of the 16 hours, four hours must touch on the health and safety topics, infant staff need 4 hours of infant specific
training, and Program Directors need six hours of training in program administration, management, or a related topics.

Premises

• Facility must have exclusive use of all child care areas during the facility’s hours of operation.
• Any changes to the structure of the facility require pre-approval by KDHE.
• Changes to the license must be requested through an amendment application.
• Liability and accident insurance must be carried, with documentation on file.

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Training

Orientation: all staff must have orientation within 7 days of hire. Orientation must include licensing regulations; the policies and practices of the preschool or child care
center, including emergency procedures, behavior management, and discipline; the schedule of daily activities; care and supervision of children in care, including any special
needs and known allergies; health and safety practices; and confidentiality.

Health and Safety Training: all staff must have foundational health and safety training, generally taken online through KCCTO.org, including: recognizing the signs of child
abuse and neglect; basic child development; safe sleep practices; prevention and control of infectious diseases; prevention of and response to food allergies; building and
premises safety; emergency preparedness and response planning; handing and storage of biohazards; precautions when transporting children (if applicable), and medication
administration. This is taken at the time of hire into the early childhood field and does not need to be retaken.

First Aid/CPR: all staff must have First Aid/CPR certification within 30 days of hire. This must be kept current.

Annual Training: All staff need 16 hours of professional development training. As part of the 16 hours, four hours must touch on the health and safety topics.

Training

Capacity

Exceptions

Capacity Exceptions

• Any child who does not function according to age appropriate expectations shall be counted in the age group that reflects the developmental age level of the child.
• For each child under five years of age not in attendance, the maximum number of children ages 5 years and older may be increased by one.
• Regulation allows up to 2 additional children 2.5 years or older who attend part day preschool or part day kindergarten to be present between 11:00AM-1:00PM for the noon meal on days that school is in
  session.
• Regulation allows up to 2 additional children at least 5 years of age to be present between the hours of 6:00AM-6:00PM at the following times during the academic school year: before and after school, in-
  service days, school holidays, scheduled or emergency closures, and school breaks not to exceed two weeks; and during the two consecutive weeks before the opening of the academic school year and
  following the end of the academic school year.

Notice of Survey Findings

The Notice of Survey Findings (NOSF) is the document provided by Licensing Specialists at the end of all survey
types. This is typically emailed to the facility during the survey or later the same day. The NOSF is the list of
things that were noted to not be in compliance during the survey. This is a public record and the most recent
three years of NOSF’s are available for viewing on KDHE’s website. As noted on the NOSF, a facility has five
days to make corrections and findings may result in enforcement action. Findings can be appealed within 15
days of the date on the NOSF.

The NOSF has each facility’s identifying information, the type of survey being conducted, date of the survey,
and two columns. The left side lists the regulation number and text from the regulation found to be non-
compliant, and the right column contains a description of the non-compliance.

Non-compliance is not uncommon and is often easily corrected. Corrections may be verified by reviewing
documentation sent to Licensing Specialists from the facility, or conducting another onsite inspection.
Enforcement action resulting from repeated or high risk violations is initiated exclusively by KDHE. High risk
violations include but are not limited to: lack of supervision, prohibited discipline, weapon violations,
violations of the terms of the license, capacity, or staff-child ratio, failure to report suspected abuse or neglect,
safe sleep violations, and failure to report critical incidents.

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Annual License Renewal

Every year, each facility must fill out a renewal application, notifying KDHE that they wish to continue
licensure. Licenses can be active and renewed, even if the facility is not currently operational. The timing of
the facility’s annual inspection and the completion of renewal documents are not related, however, both must
occur within the 90 day period prior to the expiration of the current license.

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Complaint Investigations

Complaints are allegations of regulatory violations, such as inappropriate discipline, overcapacity, and a lack
of supervision. Complaint investigations only encompass regulatory issues and do not include things like
financial disputes or provider conduct outside of facility hours. Complaints can be made by anyone and are
often made by parents, relatives of children, staff, unaffiliated observers or passersby, Department for
Children and Families, law enforcement, and medical professionals.

Complaints can be filed by reaching out to our office directly, through the KDHE website, or through our
website. Complaints can be made anonymously but mandated reporters are discouraged from doing so. The
identity of complainants is strictly confidential and is not disclosed to facility staff or parents. Complainant
identities may be revealed if the issue ever goes to court.

Complaints are generally investigated in the same manner, though situations may mandate varying.

1. A complaint is received. Additional information is gathered from the complainant if possible.
2. Onsite visit occurs at the facility. A full walkthrough is conducted, including determination of compliance
   with staff-child ratio and terms of the license. The visit may include a records reviewed, staff interviews,
   surveillance video review, and general observing. An NOSF is issued.
3. In most complaint investigations, some or all parents of the daycare are called to inquire about their
   observations in relation to the topic of the complaint. At CareArc, we try our best not to alarm parents. We
   generally tell them a concern has been reported and that our protocol is to call a random set of parents to
   ask questions about their experience. Questions asked are mostly open ended and generic, for example,
   what kind of discipline have you observed at the center, or tell me about any concerning interactions
   you’ve observed between staff and children.
4. Once the investigation is complete, a report is written on the information gathered and a determination is
   made on if there is enough information to substantiate the complaint. Complaints can be substantiated in
   several ways. Let’s use a complaint about prohibited discipline as an example:
   1. Direct observation: Licensing Specialist observes staff using a form of prohibited discipline.
   2. Staff collateral contacts: at least 2 staff members who are not the original complainant report
      observing staff use prohibited discipline.
   3. Parent collateral contacts: at least 2 parents who are not the original complainant reported observing
      staff use prohibited discipline, or report that their child has reported to them staff using prohibited
      discipline.
   4. Visual evidence: surveillance video shows staff using prohibited discipline.
5. The Program Director or facility leadership is notified of the outcome of the investigation and a final NOSF
   is issued with any violations.

Every effort is made to conduct complaint investigations within 30 days of receiving them. As with all violations,
findings may be appealed for 15 days after the NOSF is issued. Once the final NOSF is issued, all complaint
information is submitted to KDHE for review and/or further action. KDHE may initiate enforcement action against a
facility with repeated or high level violations.

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