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.
