Whew, Wow, and moving on...

Sorry not to update, been pretty busy with life and such. Thought I would take advantage of the Legislative Session Break (until 04/28/2010) to stay away from my computer and take a breather, avoid my “inbox”, and spend some much needed quality time with my kids and family. I’m recharged now, thank you very much. Plus, I knew if this went through, you would have heard it on the news (and wondered what-the-heck had happened).

Senate Side 03/30/2010:

Tuesday 03/30/2010 Senators voted to pass along Substitute HB2356. This is the “gut-n-go” version of SB447 (see post below) – and they passed it by a vote of 25 (Yes) & 14 (No). Here are the Senators that voted AGAINST the children of KS last week:

Yeas: Apple, Barnett, Brungardt, Colyer, Emler, Faust-Goudeau, Francisco, Haley, Hensley, Holland, Huntington, Kelly, Kultala, Lee, Lynn, Morris, Owens, Reitz, Schmidt D., Schmidt V., Schodorf, Steineger, Teichman, Umbarger, Vratil. And Passing: McGinn.

And here is a list of Senators who cared enough about protecting a great system of inspections for 88% of the children in licensed child care facilities (Centers, Preschools, School-aged Programs, Drop-in Programs, and Licensed Homes) which represent 66% of all facilities KDHE oversees with timely compliance inspections across Kansas:

Nays: Abrams, Brownlee, Bruce, Donovan, Huelskamp, Kelsey, Marshall, Masterson, Ostmeyer, Petersen, Pilcher-Cook, Pyle, Taddiken, Wagle. THANKS FOR USING SOME COMMON SENSE (THIS LIST OF SENATORS).

And then, not to elaborate on what I am unsure of as far as process, but suspect to be highly unethical efforts by Senators and Proponents of these 2 bills - somehow HB 2356 made it from the Senate floor to the House the SAME DAY…

House Side 03/30/2010:

So on 03/30/2010 pick-up of my child, our provider informed us that HB 23562 had made it into the House the SAME DAY that it passed the Senate! She said hopefully it would go to a Conference Committee and to stay tuned to my email that evening for additional information. Later I got an email to contact several House Representatives with my concerns (basically the same email I had sent to the Senate on HB 2356 & SB 447).

At around 9:00pm I get a call from my provider to check my email again. The House was back in session and there was a move on the floor to push for a “Vote to Concur”.* If this effort would have been successful, HB 2356 would have been sent to the Governor that night – completely bypassing any Committee Process in the House! Emails flew, with many of us, staying up late emailing back & forth with our House Representatives (and some that weren’t even our Representatives) during their session informing them of the specifics of this Bill, it’s flaws as we see them, and answering questions with specific line references within the Bill (as the proponents of this Bill – Senators, Lobbyists, a few House Representatives, and others that support this Bill worked their "spin" in the halls).

WELL, WE SUCCEEDED. THIS BILL IS IN CONFERENCE COMMITTEE. 3 Senators and 3 House Representatives will look at HB 2356. They can do a few things with it…

1. 
   
   Kill it. Don’t let it go any further. Make the proponents go back to the drawing board and start all over again.  If there isn't enough money to inspect everyone under a GOOD, fair, and even system of inspections then leave it alone until they figure that out.  They should have numbers (by each type of child care facility for each county) and have used those numbers in a Feasibility Study before they ever consider making such a significant change in oversight.
2. 
   
   Pass it. Which would be BAD thing for children across Kansas, the families that access licensed care (Centers, Preschools, School-aged Programs, Drop-in Programs, and Licensed Home Day Cares), and licensed providers.
3. 
   
   Pass it with “substantial material changes”. They can make changes to parts of the Bill too. They could insert a reasonable maximum length of time that compliant providers could go before a compliance inspection occurs (currently undefined with KDHE’s intent for it to start out at 3 years). They could correct the vague language that allows KDHE a “fill-in-the-blank-regulation” to year-by-year (or month-by-month) define (or redefine) factors that can be taken into consideration to determine the overall “risk-factor” of any provider (specifically the compliant ones) that determines when (or if) they will be inspected.  It even allows that they can make further changes to the system of inspections as they see fit with it's very vague language.  They could do the right thing to help ensure safety and quality for children in care by addressing the issue of provider education (or the lack thereof in Kansas). If they make material changes it would go back to the House, then the Senate for another vote.

*On motion of Rep. Landwehr (Wichita) to nonconcur on HB 2356 and have a Conference Committee appointed. Rep. Neighbor (Shawnee) offered a substitute motion to concur in Senate amendments - subsequently withdrawn (too much public input, even at such a late hour, to get the “yes” votes they would need across the House). The question reverted back to the motion of Rep. Landwehr and the House nonconcurred on HB 2356. Speaker O’Neal thereupon appointed Reps. Landwehr (Wichita), Crum (Augusta), and Flaharty (Wichita) as conferees on the part of the House.

Hey, if you live in Shawnee and Rep. Cindy Neighbor is your House Representative - she could really use a reality check. Give her a call and tell her about your concerns – as someone from the neighborhood that she serves. What they hear from proponents and what is actually in these Bills are very different.  I know I’m following which JOCO/WYCO Senators and House Reps. are supporting these crazy Bills – and they are going to hear from me at election time. More posts to follow closer to that time just to remind you if you are interested…

The Senate acceded to the request of the House for a conference on HB 2356 and has appointed Senators Barnett (Emporia), V. Schmidt (Topeka), and Kelly (Topeka), as conferees on the part of the Senate. 

Sheep in Wolves Clothing - SB447 is now HB2356 / Part 1 of 3...

If you are a really slick politically, you can “gut” a House Bill that is sitting on the shelf (HB2356) and then stuff in guts of the first white-sheep bill (SB447) - sew it up and throw it into the flock. Trying to throw people off the scent of a Baa-d bill? Sorry – but I can see what you are up to and I will try and get the word out.

It’s hard when a growing number of people are beginning to understand the issues of a whole bill – SB447. And proponents of that bill need to pull a trick like this to further confuse and throw off the efforts of the public to voice their concerns – and now, I don’t have time to deal with my frustrations about them (I’ll do that during the next elections). For now I will say, too bad the politicians involved aren’t our children – or they would know about how to play fair and not bend the rules. What shining examples they are for everyone to see as well as to NOT vote for in upcoming elections.

Don’t worry. I’ll let you know who VOTED YES and NO on this in a future post. Just in case you are interested.

So, how does this news get even scarier? How ‘bout the Senate is going to vote on it AGAIN possibly as early as Monday, 3/30/2010.

I suppose it is all an effort to wear down opponents, but the sad thing is – the longer this drags on, the more opportunity people have to learn just how much this Bill will negatively impact the safety and quality of child care in Kansas. Because, remember, we aren’t just talking about the State being able to get into registered homes now, we are talking about them NOT going into many CENTERS, PRESCHOOLS, After-care Programs, Drop-in Programs, and licensed Homes & Group Homes for up to 3 years (or even more, because without a specified maximum we trust the government to do the right thing). The overall goal of KDHE is to do fewer inspections of all child care facilities.

Don’t worry. I’ve included a whole list of Senators’ email addresses and some phone numbers in a tab just above my "home". I’m that kind of Mom - one who cares this much about kids all across Kansas.  BE SURE YOU NOTE SB447 AND HB2356 IN YOUR SUBJECT LINE.

So, just to keep with my old ways, here is a link to the new Bill that will be in front of the Senate again maybe as early as Monday – but definitely soon…. and in a post below the emails/phone numbers I’ve posted my summary of it with page & line numbers for your review and verification.

To keep my font big for reading ease of my followers, I had to break up this length post into 3 parts - sorry, but I couldn't leave anything out...

Just click on "older posts" below and to your right for Part 2

Part 2 / Inspections & the Website

Wording in red type are things you may want to address in your own words in your personal emails to Senators and House Representatives.

SENATE Substitute for HOUSE BILL No. 2356 (for Substitute for SENATE BILL 447)

Inspections Section 7 (pages 6, lines 25-43 / page 7, lines 1-25): The following applies to all maternity centers and child care facilities. Child Care Facilities include the following:

• Child Care Centers

• Preschools

• Family Child Care Homes (aka registered)

• Day Care and Group Day Care Homes (aka licensed)

• School-age (like after-school) and Drop-in Programs

Currently the frequency for a routine regulatory inspection is every 12 months – this frequency will be changed to at least once every 15 months (until the implementation of a new risk-based system).

How do you feel, as a parent, about the value of inspections? Do you feel all providers - including Centers/Preschools/etc. - should be inspected?

On or before January 1, 2011 Family Child Care Homes (currently registered providers) shall start being inspected and completed at least once every 15 months. On or before July 1, 2013 a risk-based system will be developed and implemented which will replace the 15 month frequency put into place with this Bill.

This risk-based system will determine the frequency of inspections by adopting rules and regulations "the secretary deems necessary" to carry out inspections. Risk criteria will include ages of children in care, hours of operation, complaint history, compliance history, and other factors deemed necessary to assess risk in all child care facilities. Family Child Care Homes (new category of licensed providers that registered providers will be moved into) will be included at this point. While no maximum has been indicated within the Bill, KDHE testimony is that the maximum length of time a provider may go without an inspection is 3 years.

How do you feel about no maximum being indicated within this Bill? Do you trust that this period of time would not be extended if budget-cuts occur? As budget cuts are inevitable, do you think that KDHE may lower their standard for what is considered “too risky” and cut back even further on making inspections?

What is the highest maximum, as a parent, you would be comfortable with - 15, 18, 24, 36 months? Currently it is every 12 months.

This Bill gives, under the risk-based system, no maximum. Additionally, the vague language in this Bill (page 7, lines 1-2) allows for KDHE to determine additional factors that may be taken into consideration to deem a provider more compliant “compliance history, and other factors the secretary deems necessary to assess risk in all child care facilities.”

What if budgets get tighter or staff shrinks – will the number of inspections they can afford to do, or have the ability to do based on staffing - be “other factors” in helping to determine who the “more compliant providers” may be any given year? How do you feel about such vague language?

Inspections of any child care facility will occur upon receipt of a complaint, new child care facilities will be inspected prior to issuance of a license, any child care facility that has a record of repeated complaints or serious violations may be inspected at any time, and child care facilities that provide service to military families receiving military assistance for child care shall be inspected every 12 months.

Any child care facility included in the categories below that are considered in compliance on the effective date of this act shall submit a self-evaluation report annually to the KDHE based on the KDHE’s checklist provided through July 1, 2013 and KDHE will determine when or if they will receive a inspection. KDHE shall utilize the fund savings as a result of the self-evaluation reports for providers determined to be in compliance to cover the expenditure of inspections of Family Child Care Homes (formerly registered homes) through July 1, 2013.

• Child Care Centers

• Preschools

• Day Care and Group Day Care Homes (aka licensed)

• School-age (like after-school) and Drop-in Programs

How do you feel about the ability of government agencies to actually save money? We cannot assume that all of these registered providers are going to be “problem providers” and could be deemed compliant from the first inspection that they have. Additionally, for those with problems, repeated visits will need to be made by regulatory agencies to ensure that they are moving toward compliance.

How do you feel about trusting KDHE to save money when they supposedly cannot even produce a report that shows a break-down of current numbers of each type of facility by County in Kansas?

Website/Release of Information Section 11 (page 12, lines 1-10): On or before September 1, 2010 KDHE shall establish or cause to be established an online information dissemination system that is accessible to the public, including names of licensees and applicants, and a history of citations and complaints. Language in this Section allows for release of information in records for the purpose of establishing this data base.

How do you think the varying frequencies that may be applied across the board could impact the integrity of the data presented to the Public?

What about compliant providers who don’t have any recent inspections (just ones from 2-3 years back) – would you question a provider’s credibility if you could not see current inspection information? Would you trust that even though they may have been inspected two years ago, they are still compliant when you may be considering their services?

If all providers were subject to some kind of maximum of 15, 18, 24, 36 months – do you think that would help you as a parent using this proposed website? What is a period of time you think is fair, but not too long to maintain the integrity of the data you may be viewing?

It also allows that KDHE may prohibit the release of name, address and telephone number of a maternity center or child care facility if they determine that the release of the information is necessary to protect the health, safety or welfare of the public.

Just click on "older posts" below and to your right for Part 3

Part 3 / What is Missing - Education & Numbers

So, what’s missing from this beautiful piece of legislation?

How about this: Currently licensed home day care providers are required to obtain an initial 15 clock hours of education to become licensed, then 5 clock hours every 12 months. While they do have to complete a 1st Aide Course in the initial 15 clock hours, they are never required to take Pediatric CPR or to maintain a current Certification in it. How does this basic matter get left out of a Bill that is about making child care across the State safer for children? This Bill doesn’t even address the education requirements for the new class of Family Child Care Home providers.

How do you feel about such education requirements (or the lack thereof) with regards to Pediatric CPR?

Of course there is - NUMBERS, in this case the LACK of them.  What you may not know is that KDHE has shared no numbers about the breakdown of the various types of child care facilities (Centers, Preschools, After-care & Drop-in Programs, licensed Home & Group Home Day Cares, and Registered Homes) by County. They have not even supplied any reports to indicate that have considered the numbers by County with relationship to their staff of surveyors - to show the probability of success (or the challenges they will face) in implementing a risk-based system.

According to what I heard the other day from the Senate floor, the best we know is that 14 more progressive States use such a system. Wow, they couldn’t even name those States either. Wonder if those States have as diverse a landscape as Kansas? We have some very rural settings that rely on health department nurses to inspect providers – what could the impact be to these health departments (and the children and adults they serve for medical care) if their nurses are called out to inspect an unidentified number of providers?

KDHE testified they do not have such numbers by County – and they oversee all child care facilities? No numbers? I wonder if they can, but aren’t - maybe their numbers do not support a risk-based-system. Maybe those numbers are hiding some serious inefficiency within KDHE and they have them, but cannot share them.

Maybe the risk-based system is just the answer to “Inspect the Rest” allowing that all child care facilities can be (but quite honestly won’t be) inspected. Maybe KDHE can’t afford to keep up inspections and this is their “out” to ensuring the safety of children across our State.

Do you have anything to tell your Senators about the missing numbers?

I’m going to “turn on” the comments to this blog – just for fun. If you see a link to any Kansas Action for Children fact sheets, know that they aren’t real facts. Take a look, come back find your page numbers from my summary and link to the Bill – you will see the truth.

I also think that truth is in the numbers – but the lack of numbers may be telling us there is no “truth” that supports the risk-based-system.

You can click on "older posts" below to find my full summary of the new gut-n-go bill HB2356 that could be voted on tomorrow, a list of all Senators email lists that you can “copy paste” from, and a list of phone numbers (local JOCO/WYCO Senators on top) on the tab next to home at the top of the blog.  AGAIN, BE SURE YOU NOTE SB447 AND HB2356 IN YOUR SUBJECT LINE.

They are swamped, ending this term’s business – if you really want your email read, send it and call their offices and request their Secretaries pull your email, print it off, and hand it to a Senator. It is work, but these are our kids and we all work for our kids, don’t we?

HB2356 Summary

SENATE Substitute for HOUSE BILL No. 2356

By Committee on Public Health and Welfare

http://www.kslegislature.org/bills/2010/2356.pdf

Competent Supervision - New Section 1 (page 1, lines 17-43 / page 2, lines 1): If this bill passes (as written now) for each child less than 5-years-old who is awake, the provider must be:

· In proximity to the child

· Watch and direct activities of the children

· Respond immediately to emergencies and the needs of children

· Provide direct-visual-supervision (replaces current “within hearing distant” rule)

An exception to the above regulation is allowed when the provider is temporarily unable to provide direct visual supervision in order to attend to personal hygiene needs or to engage in other care provider duties. In such cases the provider must first:

· Ensure the safety of each child

· Remain able to respond immediately to any child in distress

For any aged napping or sleeping child in care, they must be under direct-visual-supervision or within hearing distance of the provider and be visually checked by the provider at least once every 15 minutes.

Nothing in this section prevents a hearing or sight impaired individual, when otherwise qualified, from being a provider or employee of a provider.

(This Section shall be known and may be cited as Lexie’s Law.)

Provider/Child Ratio - Section 4 (page 3, lines 26-35): The current class of Registered Providers will be moved into a new class of Licensed Providers known as Family Child Care Homes. The current Provider/Child Ratio has been maintained as it is now – no more than 6 children with no more than 3 of the 6 being under 18 months.

“Kinship Language” added. A person will not be considered a Family Home Child Care if they are only caring for children related by blood, marriage or legal adoption.

Revocation or Renewal of License – Section 5 (page 5, lines 33-43): If a license is revoked or refused renewal, that provider may not apply for a license for a period of one year after the date such revocation or refusal to renew becomes final. If the license is revoked or refused and the provider is a repeat, 3 or more times, violator of statutory requirements or rules and regulation or is found to have contributed to the death or serious bodily harm of a child under their care, such provider shall be prohibited to apply for a new license or seek employment under another child care provider.

Inspections Section 7 (pages 6, lines 25-43 / page 7, lines 1-25): The following applies to all child care facilities. Child Care Facilities include the following:

· Family Child Care Homes (currently registered providers, not routinely inspected)

· Day Care Home (aka licensed providers)

· Group Licensed Day Care Homes

· Child Care Centers

· Preschools

· School-age programs

· Drop-in programs

· School-age programs

Currently the frequency for a routine regulatory inspection is every 12 months – this frequency will be changed to at least once every 15 months.

On or before January 1, 2011 Family Child Care Homes (currently registered providers) shall start being inspected and completed at least once every 15 months.

On or before July 1, 2013 a risk-based system will be developed and implemented which will replace the 15 month frequency put into place with this Bill. This risk-based system will determine the frequency of inspections by adopting rules and regulations the secretary deems necessary to carry out inspections. Risk criteria will include ages of children in care, hours of operation, complaint history, compliance history, and other factors deemed necessary to assess risk in all child care facilities.

Inspections of any child care facility will occur upon receipt of a complaint, new child care facilities will be inspected prior to issuance of a license, any child care facility that has a record of repeated complaints or serious violations may be inspected at any time, and child care facilities that provide service to military families receiving military assistance for child care shall be inspected every 12 months.

Any child care facility included in the categories below that are considered in compliance on the effective date of this act shall submit a self-evaluation report annually to the KDHE based on the KDHE’s checklist provided through July 1, 2013:

· Day Care Home (aka licensed providers)

· Group Licensed Day Care Homes

· Child Care Centers

· Preschools

· School-age programs

· Drop-in programs

KDHE shall utilize the fund savings as a result of the self-evaluation reports for providers determined to be in compliance to cover the expenditure of inspections of Family Child Care Homes (formerly registered homes) through July 1, 2013.

Website/Release of Information Section 11 (page 12, lines 4-7): On or before September 1, 2011 KDHE shall establish or cause to be established an online information dissemination system that is accessible to the public, including names of licensees and applicants, and a history of citations and complaints. Language in this Section allows for release of information in records for the purpose of establishing this data base.

It also allows that KDHE may prohibit the release of name, address and telephone number of a maternity center or child care facility if they determine that the release of the information is necessary to protect the health, safety or welfare of the public.

Fire Extinguisher (addition of) Section 13 (page 13, lines 29-31): Each day care home shall be equipped with a fire extinguisher which shall be maintained in an operable condition in a readily accessible location.

Family Day Care Home Section 15 (page 14, lines 23-29): On the effective date of this act, and family day care home that has been issued a valid certificate of registration will be considered licensed until such time as an inspection has been conducted and a license is issued by KDHE.

What Many Parents Do Not Understand...

That this Bill is not just about Home Day Cares. It is about all Child Care Facilities, meaning:

• CENTERS
• PRESCHOOLS
• After-school Programs
• Drop-in Programs
• Licensed Home Day Cares - Day Care Homes, Group Day Care Homes, and the new class of Family Child Care Homes (currently known as Registered Homes)

With regards to Routine Regulatory Inspections ("inspections" for purposes of this post) this Bill means that Family Child Care Homes (registered now) inspections will begin on or before 01/01/2011 to be inspected at least every 15 months through the development and implementation phase of the new "risk-based inspection system" on or before 07/31/2013.

During the development and implementation phase of the risk-based system, all child care providers bulleted above (except the Family Child Care Homes) who are considered "compliant providers" on the effective date of SB447 must submit self-evaluations with their renewals that KDHE will use to determine their "risk factor" and if (or when) an inspection will be indicated - through the whole phase of development and implementation any provider who is considered compliant could go as long as 2.5 years without an inspection! Remember, that is not just homes - that includes Centers, Preschools, After-school Programs, and Drop-in Programs too!

The risk-based system established in SB447 has a deadline of 07/31/2013. Once it is up and running, ALL TYPES of child care providers (including Family Child Care Homes) will submit self-evaluations with their renewals for KDHE to use to determine their "risk factor" and if (or when) an inspecton will be indicated. The long term goal of this system is for fewer inspections to be done - something KDHE testified to in the House Health and Human Services Committee Meeting on 03/19/2010. They also, even though this Bill does not include any maximum periods a provider may go before an inspection is done, said many compliant providers will potential not be inspected for up to 2-3 years. This maximum is supported in a document (link below) and shows that KDHE has been moving toward this since 2004 - read page 2 under Extended Renewal Period...

http://datacounts.net/chac/Documents/Jan%2012,%2009/KDHE%20Policy%20Init.pdf

So, without SB447 having any maximum number of months or years outlined within it - we are basically supposed to trust that the 2-3 years is what it will be? What if further cuts to budgets are made, will the "risk factor" determined by KDHE be made convieniently lower and lower until really all they are inspecting are the problem providers?

And, why do we consider the children in care - regardless of whether their provider is compliant - any less important than the children in noncompliant care settings? What happened to equal protection for all children "Inspecting the Rest" has turned into "Inspecting the Rest - But Less".

Why do we consider the parents of children in care less worthy of current compliance information about a provider they may be using. How about parents looking for care - if they use the new website and don't see current inspection information about compliant providers - will that take away from the credibility of the compliant providers?

Why do we consider that compliant providers deserve less oversight when it comes to the safety of children? There are definite benefits for every provider who is inspected. Why should the compliant providers not be inspected to ensure on some regular basis that they are maintaining compliance and get input from regulatory agencies about practices and their individual settings?

How do you feel, as a parent, about the value of inspections? Do you feel all providers - including Centers/Preschools/etc. - should be inspected?

How long do you think any provider should be allowed to go without an inspection? Don't you think it is important to include such a maximum?

What is the highest maximum, as a parent, you would be comfortable with? Currently it is every 12 months. This Bill gives, under the risk-based system no maximum. 15 months? 18 months? 24 months? 36 months?

These are things I urge you - quickly - to share with the House Committee on Health & Human Services. They need to hear from PARENTS about these matters. You should also copy in your local House Representative.

Currently licensed home day care providers are only required to obtain 15 clock hours of continuing education. While they do have to complete a 1st Aide Course to initially obtain their license, they are never required to take a Infant/Toddler CPR course or to maintain a current Certification in Infant/Toddler CPR. How does this basic matter get left out of a Bill that is about making child care across the State safer for children? This Bill doesn't even address the education requirements for the new class of Family Child Care Home providers?

How do you feel about such education requirements - or the lack thereof?

Again, I urge you to contact the House Committee on Health & Human Services. They need to hear from Parents about these matters. You should also copy in your local House Representative too.

SB447 has enormous potential to help in keeping kids safe in Kansas. But do we keep some kids safer than others (what we are doing now by not inspecting Registered Providers)? This Bill can be AMENDED still - it has undergone quite a number of changes already that have made it better. If we are going to pass new Regulations why not make all of them GOOD for ALL children and families?

Email the Committee Chairperson of the House Health and Human Services - then give her Secretary a call and tell her you would like your email shared with all the other Committee Members who will meet again this week to discuss SB447. Your email subject line should contain something about "SB447". Don't forget to copy in your local House Representative too.

Brenda Landwehr (785) 296-7683 brenda.landwehr@house.ks.gov

To look up your House Representative here is a link:

http://www.ipsr.ku.edu/ksdata/vote/

In closing, I urge you NOT to be pacified by the spin and "fact sheets" that the many Proponents of SB447 have floating around there. Check out the Bill for yourself (link below in previous post - my summary will give you the page numbers and line numbers to read for yourself) and check the facts within the Bill. Remember, it's not just about "Inspecting the Rest" which I was duped into following late in 2009 from a website.

You need to know all the points contained in this Bill - not just the ones Proponents want you to know about (or how they want to spin a particular point) - you should address all your concerns about what it is missing too. It is not too late, but you must hurry. The House Committee will meet this week - unknown time - and they need to hear from you, especially if you are a PARENT (or other concerned family member) of a child in care.

Amended Summary of Bill 02/19/2010

Substitute for SENATE BILL 447 (aka Lexie’s Law)

[As Amended by Senate Committee of the Whole] http://www.kslegislature.org/bills/2010/447.pdf

Competent Supervision - New Section 1 (page 1, lines 18-43 / page 2, lines 1-2): If this bill passes (as written now) for each child less than 5-years-old who is awake, the provider must be:

· In proximity to the child.

· Watch and direct activities of the children.

· Respond immediately to emergencies and the needs of children.

· Provide direct-visual-supervision

An exception to the above regulation is allowed when the provider is temporarily unable to provide direct visual supervision in order to attend to personal hygiene needs or to engage in other care provider duties. In such cases the provider must first:

· Ensure the safety of each child

· Remain able to respond immediately to any child in distress

For any aged napping or sleeping child in care, they must be under direct-visual-supervision or within hearing distance of the provider and be visually checked by the provider at least once every 15 minutes.

Nothing in this section prevents a hearing or sight impaired individual, when otherwise qualified, from being a provider or employee of a provider.

(Section 1 shall be known and may be cited as Lexie’s Law.)

Provider/Child Ratio - Section 4 (page 3, lines 27-34): The current class of Registered Providers will be moved into a new class of Licensed Providers known as Family Child Care Homes. The current Provider/Child Ratio for this group of providers has been maintained as it is now – no more than 6 children with no more than 3 of the 6 being under 18 months.

Revocation or Renewal of License – Section 5 (page 5, lines 32-43): If a license is revoked or refused renewal, that provider may not apply for a license for a period of one year after the date such revocation or refusal to renew becomes final. If the license is revoked or refused and the provider is a repeat, 3 or more times, violator of statutory requirements or rules and regulation or is found to have contributed to the death or serious bodily harm of a child under their care, such provider shall be prohibited to apply for a new license or seek employment under another child care provider.

Inspections Section 7 (pages 6, lines 25-43 / page 7, lines 1-25): The following applies to all maternity centers and child care facilities. Child Care Facilities include the following:

· Family Child Care Homes (currently registered providers, not routinely inspected)

· Day Care Home (aka licensed providers)

· Group Licensed Day Care Homes

· Child Care Centers

· Preschools

· School-age & Drop-in Programs

Currently the frequency for a routine regulatory inspection is every 12 months – this frequency will be changed to at least once every 15 months.

On or before January 1, 2011 Family Child Care Homes (currently registered providers) shall start being inspected and completed at least once every 15 months.

On or before July 1, 2013 a risk-based system will be developed and implemented which will replace the 15 month frequency put into place with this Bill. This risk-based system will determine the frequency of inspections by adopting rules and regulations the secretary deems necessary to carry out inspections. Risk criteria will include ages of children in care, hours of operation, complaint history, compliance history, and other factors deemed necessary to assess risk in all child care facilities.

Inspections of any child care facility will occur upon receipt of a complaint, new child care facilities will be inspected prior to issuance of a license, any child care facility that has a record of repeated complaints or serious violations may be inspected at any time, and child care facilities that provide service to military families receiving military assistance for child care shall be inspected every 12 months.

Any child care facility included in the categories below that are considered in compliance on the effective date of this act shall submit a self-evaluation report annually to the KDHE based on the KDHE’s checklist provided through July 1, 2013:

· Day Care Home - aka Licensed

· Group Licensed Day Care Homes

· Child Care Centers

· Preschools

· School-age programs

· Drop-in programs

KDHE shall utilize the fund savings as a result of the self-evaluation reports for providers determined to be in compliance to cover the expenditure of inspections of Family Child Care Homes (formerly registered homes) through July 1, 2013.

Website/Release of Information Section 11 (page 12, lines 1-10): On or before September 1, 2010 KDHE shall establish or cause to be established an online information dissemination system that is accessible to the public, including names of licensees and applicants, and a history of citations and complaints. Language in this Section allows for release of information in records for the purpose of establishing this data base. (the 09/01/10 date has been amended - not sure to what yet)

It also allows that KDHE may prohibit the release of name, address and telephone number of a maternity center or child care facility if they determine that the release of the information is necessary to protect the health, safety or welfare of the public.

Family Day Care Home Section 15: On the effective date of this act, and family day care home that has been issued a valid certificate of registration will be considered licensed until such time as an inspection has been conducted and a license is issued by KDHE.

Fire Extinguisher (addition of) Section 13 (page 13, lines 29-31): Each day care home shall be equipped with a fire extinguisher which shall be maintained in an operable condition in a readily accessible location.