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.

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