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DCBS Administrative Regulations Adopted

Jul 24, 2018

The following administrative regulations were adopted July 18, 2018:

 

922 KAR 2:090, Child-care center licensure-

This administrative regulation establishes licensure standards for a child-care center, and describes an applicant’s and a child-care center’s appeal rights and informal dispute resolution processes.  The amendment to this administrative regulation consolidates content from 922 KAR 2:110, which is subject to concurrent repeal; adds exemptions in accordance with 2015 Ky. Acts ch. 16; aligns the administrative regulation with the Child Care and Development Fund’s 2014 reauthorization, including more comprehensive background checks for child care providers per the federal law and 2017 Ky. Acts ch. 135; streamlines licensure renewal processes; clarifies due process for emergency suspensions and corrective action; replaces an intermediate sanction with a directed plan of correction; expands payment methods for licensure; and requires a child care provider to post a new license when the provider’s license is subject to revocation or suspension to foster awareness by the public entering and using the center.  The amendment also makes technical corrections in accordance with KRS Chapter 13A, including corresponding updates to material incorporated. http://www.lrc.ky.gov/kar/922/002/090reg.pdf 

922 KAR 2:100, Certification of Family Child-Care Homes-

This administrative regulation establishes standards for a certified family child-care home.  The amendment to this administrative regulation clarifies numerous provisions and eliminates others due to public comments received and agency reviews conducted as a result of the Red Tape Reduction initiative, including feeding and meal requirements and access to hygiene products.  In addition, the administrative regulation assures more consistent terminology use, clarifies due process for emergency suspensions and correction action, replaces intermediate sanctions with directed plans of correction, updates and clarifies renewal requirements, aligns the administrative regulation with the Child Care and Development Fund’s 2014 federal reauthorization and other concurrent regulatory changes, requires hand-washing by staff after smoking or vaping, and incorporates epi-pen allowances authorized by 2016 Ky. Acts ch. 122.  Lastly, the amendment also makes technical corrections in accordance with KRS Chapter 13A, including conforming corrections to incorporated material and notice requirements. http://www.lrc.ky.gov/kar/922/002/100reg.pdf 

 

922 KAR 2:111E, Repeal of 922 KAR 2:110-

This administrative regulation is necessary to repeal 922 KAR 2:110 due to its relevant content being consolidated within 922 KAR 2:090 through concurrent amendment.

 

922 KAR 2:120, Child-care center health and safety standards-

This administrative regulation establishes health and safety standards for child-care centers.  The amendment to this administrative regulation clarifies numerous provisions and eliminates others due to public comments received and agency reviews conducted as a result of the Red Tape Reduction initiative, including feeding and meal requirements, multi-aged children in a classroom, and access to hygiene products.  In addition, the administrative regulation assures more consistent terminology use, aligns the administrative regulation with the Child Care and Development Fund’s 2014 reauthorization and other concurrent regulatory changes, requires hand-washing by staff after smoking and vaping, and incorporates epi-pen allowances authorized by 2016 Ky. Acts ch. 122.  Lastly, the administrative regulation makes technical corrections in accordance with KRS Chapter 13A. http://www.lrc.ky.gov/kar/922/002/120reg.pdf 

 

922 KAR 2:171E. Repeal of 922 KAR 2:170 and 922 KAR 2:210.

This administrative regulation is necessary to repeal 922 KAR 2:170 and 922 KAR 2:210 in order to sunset the STARS for KIDS NOW Program concurrent with the establishment of the Kentucky All STARS Program, Kentucky’s new quality rating and improvement system, in accordance with 922 KAR 2:270.

 

922 KAR 2:180, Requirements for registered child care providers in the Child Care Assistance Program-

This administrative regulation establishes requirements for child care providers, who are family, friends, or neighbors, to register and participate in the Child Care Assistance Program (CCAP).  The amendment to this administrative regulation incorporates reference to the new administrative regulation governing comprehensive background checks for child care providers and onsite inspection requirements for a registered provider serving a child in the provider’s home pursuant to the Child Care and Development Fund’s federal reauthorization.  The amendment makes technical corrections in accordance with KRS Chapter 13A. http://www.lrc.ky.gov/kar/922/002/180reg.pdf

 

 

922 KAR 2:190, Civil penalties-

This administrative regulation establishes the cabinet procedures for a civil penalty and appeal resulting from a child-care center’s violation.  The amendment to this administrative regulation will change the existing administrative regulation by aligning its content with the new child care provider background checks and other concurrent amendments to administrative regulations governing the standards for a licensed child-care center.  The amendment also makes technical corrections in accordance with KRS Chapter 13A. http://www.lrc.ky.gov/kar/922/002/190reg.pdf

 

922 KAR 2:270. Kentucky All STARS quality-based graduated early childhood rating system for licensed child-care centers and certified family child-care homes.

This new administrative regulation establishes the Kentucky All STARS Program, a quality-based graduated early childhood rating system, monetary incentive awards for licensed child-care centers and certified family child-care homes.  Child care providers receiving public funds are mandated to participate in Kentucky All STARS pursuant to KRS 199.8943.  Providers may participate at STARS Level 1 by meeting licensing or certification requirements or participate at STARS Levels 2-5 through an application and an environment assessment. http://www.lrc.ky.gov/kar/922/002/270reg.pdf

 

The officially adopted versions of the administrative regulations will be published on, and repealed administrative removed from, the Legislative Research Commission’s website, most likely near August 1st: http://www.lrc.ky.gov/kar/TITLE922.HTM