AN ACT relating to child-care providers on a military installation or facility.

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AN ACT relating to child-care providers on a military installation or facility. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 199.8982 is amended to read as follows: 3
(1) (a) The cabinet shall establish a family child -care home certification program 4
which shall be administered by the department. A family child -care provider 5
shall apply for certification of the provider's home if the provider is caring for 6
four (4) to six (6) children unrelated to the provider. A family child -care 7
provider caring for three (3) or fewer children may apply for certification of 8
the provider's home at the discre tion of the provider. Applicants for 9
certification shall not have been found by the cabinet or a court to have 10
abused or neglected a child, and shall meet the following minimum 11
requirements: 12
1. Submit two (2) written character references; 13
2. Provide a written statement from a physician or advanced practice 14
registered nurse that the applicant is in good health; 15
3. Submit to a criminal record check in accordance with KRS 199.8965; 16
4. Provide smoke detectors, a telephone, an adequate water supply , 17
sufficient lighting and space, and a safe environment in the residence in 18
which care is provided; 19
5. Provide a copy of the results of a tuberculosis risk assessment and the 20
results of any appropriate follow -up with skin testing or chest X -ray for 21
applicants who are determined to be at risk for developing tuberculosis 22
in accordance with the recommendations of the Centers for Disease 23
Control and Prevention within thirty (30) days of the date of application 24
for certification; and 25
6. Demonstrate completion of a total of at least six (6) hours of training in 26
the following areas within three (3) months of application for 27
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certification: 1
a. Basic health, safety, and sanitation; 2
b. Recognizing and reporting child abuse; and 3
c. Developmentally appropriate child-care practice. 4
(b) Initial applications for certification shall be made to the department. The 5
cabinet may promulgate administrative regulations to establish fees that shall 6
not exceed costs of the program to the cabinet, for proper administration of 7
the certi fication. The department shall issue a certificate of operation upon 8
inspecting the family child -care home and determining the provider's 9
compliance with the provisions of this section. The inspection shall be 10
unannounced. A certificate of operation issued pursuant to this section shall 11
not be transferable and shall be renewed every two (2) years for a fee that 12
shall not exceed costs of the program to the cabinet for renewal. 13
(c) A certified family child-care provider shall display the certificate of operat ion 14
in a prominent place within the residence in which care is provided. The 15
cabinet shall provide the certified family child -care provider with written 16
information explaining the requirements for a family day -care provider and 17
instructions on the method o f reporting violations of the requirements which 18
the provider shall distribute to parents. 19
(d) Upon request of any person, the cabinet shall provide information regarding 20
the denial, revocation, suspension, or violation of any type of day -care license 21
of the family child -care provider. Identifying information regarding children 22
and their families shall remain confidential. 23
(e) The cabinet shall provide, upon request, public information regarding the 24
inspections of and the plans of correction for the family child-care home 25
within the past year. All information distributed by the cabinet under this 26
paragraph shall include a statement indicating that the reports as provided 27
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under this paragraph from the past five (5) years are available from the family 1
child-care home upon the parent's, custodian's, guardian's, or other interested 2
person's request. 3
(f) The cabinet shall promulgate administrative regulations in accordance with 4
KRS Chapter 13A which establish standards for the issuance, monitoring, 5
release of info rmation under this section and KRS 199.896 and 199.898, 6
renewal, denial, revocation, and suspension of a certificate of operation for a 7
family child-care home and establish criteria for the denial of certification if 8
criminal records indicate convictions t hat may impact the safety and security 9
of children in care. A denial, suspension, or revocation of a certificate may be 10
appealed, and upon appeal an administrative hearing shall be conducted in 11
accordance with KRS Chapter 13B. If the cabinet has probable c ause to 12
believe that there is an immediate threat to the public health, safety, or 13
welfare, the cabinet may take emergency action to suspend a certificate 14
pursuant to KRS 13B.125. The cabinet shall promulgate administrative 15
regulations to impose minimum st aff-to-child ratios. The cabinet may 16
promulgate administrative regulations relating to other requirements 17
necessary to ensure minimum safety in family child -care homes. The cabinet 18
shall develop and provide an "easy -to-read" guide containing the following 19
information to a family child-care provider seeking certification of his home: 20
1. Certification requirements and procedures; 21
2. Information about available child-care training; and 22
3. Child-care food sponsoring organizations. 23
(2) Family child -care provider s shall annually demonstrate to the department 24
completion of at least six (6) hours of training in child development. These hours 25
shall include but are not limited to one and one -half (1.5) hours one (1) time every 26
five (5) years of continuing education in the recognition and prevention of pediatric 27
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abusive head trauma, as defined in KRS 620.020. Training in recognizing pediatric 1
abusive head trauma may be designed in collaboration with organizations and 2
agencies that specialize in the prevention and recogn ition of pediatric abusive head 3
trauma approved by the secretary of the Cabinet for Health and Family Services. 4
The one and one -half (1.5) hours of continuing education required under this 5
section shall be included in the current number of required continu ing education 6
hours. 7
(3) The cabinet shall, either through the development of or approval of, make available 8
a model training curriculum and training materials, including video instructional 9
materials, to cover the areas specified in subsection (1)(a)6. of this section. The 10
cabinet shall develop or approve the model training curriculum and training 11
materials to cover the areas specified in subsection (1)(a)6. of this section. 12
(4) (a) As used in this subsection "local government" means a city, county, charte r 13
county, urban-county government, consolidated local government, or unified 14
local government. 15
(b) The provisions of this section shall supersede all local government ordinances 16
or regulations pertaining to the certification, licensure, and training 17
requirements related to the operation of family child -care homes and no local 18
government shall adopt or enforce any additional licensure, certification, or 19
training requirements specifically applicable to family child -care homes in 20
addition to those provided in this section. This subsection shall not be 21
interpreted or construed to exempt family child -care homes from compliance 22
with local government ordinances and regulations that apply generally within 23
the jurisdiction. 24
(c) Because the availability of adequate child-care as an essential business is vital 25
to the Commonwealth's state and local economies, by January 1, 2022, a local 26
government that has adopted land use regulations pursuant to KRS Chapter 27
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100 shall specifically name family child -care homes in the text of its zoning 1
regulations to authorize the board of adjustments to separately consider the 2
applications of proposed family child -care homes for conditional use permits 3
within the residential zones of the planning unit where they are not a fully 4
permitted use pursuant to KRS 100.237. 5
(5) Notwithstanding any state law or administrative regulation to the contrary, a 6
child-care provider on a military installation or military facility that is licensed or 7
certified as a family child -care provider by the United S tates Department of 8
Defense, any branch of the Armed Forces as defined in KRS 40.010, the National 9
Guard, or reserve component thereof shall be exempt from the requirements of 10
this section. 11