Frequently Asked Questions: Kentucky Child Care Regulations

Response: 922 KAR 2:110 Section 3 (1) (b) a child-care center shall maintain a written record for each child.  The regulation requires a written record for each child, not a separate folder or file. A sibling group can be in the same folder or file as long as an enrollment form is completed for each child in the family.

Response: The purpose of this requirement is to have all this information in one easy to access location. Either is acceptable on the immunization or a separate document if you choose.

Response: There is not a uniform medical history form required by the regulations; however the regulations require the following health information to be on file for each child:

A current immunization certificate within 30 days of the child’s enrollment unless an attending physician or the child’s parent objects to the immunization of the child pursuant to KRS 214.036,

• A current immunization certificate within 30 days of the child’s enrollment unless an attending physician or the child’s parent objects to the immunization of the child pursuant to KRS 214.036,
• the child’s general health status and medical history including, if applicable;
• allergies, restrictions on the child’s participation in activities with specific instructions from the child’s parent or health professional,
• Authorization by the parent for the child-care center to seek emergency medical care for the child in the parent’s absence.

Response: They can sign children in and out with parents’ permission on file as a third party service provider.

Response: Yes, to ensure the health and safety of each child, center's need to  maintain individual written information on each child. This information is to be in a location that is confidential and easy for the staff to access. A parent’s signature is required to guarantee all information is correct. This information is to be collected on the child’s first day.

 The file for each child should include the following:

• Identifying information about the child such as the child’s name, address, and birth date;
• Contact information for the: child’s parent/guardian at their home address or place of employment; family physician; and the name of the  preferred hospital in case of an emergency;
• The name of each person who is designated to pick up the child in writing;
• The child’s general health information/medical history including: allergies and restriction on the child’s participation in activities with specific instructions from the child’s parent or health professional.

Response:  A volunteer is an individual who takes part in the planned activity, interacts with the children, performs a reoccurring function for the facility, and may/may not have supervisory/disciplinary control over a child, depending on the facility's volunteer policy.

A visitor is an individual who observes or presents a part of a planned activity, has supervised interaction with the children and has no supervisory/disciplinary control of a child enrolled (exception would be their own child). A visitor has an infrequent primarily non-recurring presence at the center.

Family members who come to the center for family involvement activity are considered visitors.

In regards to certified homes - If family members visit during operating hours and they are never left alone with children or have unsupervised contact with a child in care, they are not required to have background checks.

Visitors may not be left alone with the children, supervise children or discipline children

Response:  If the person changes positions but does not leave employment, new background checks are not required.

Response: The regulations state that each employer request a criminal records check for an employee. The background checks cannot transfer to certified or licensed providers owned by another entity.

Response: The information for an FBI Identification Record— criminal backgrounds check can be completed here: http://www.fbi.gov/about-us/cjis/background-checks .

 The employee can also get a report from their previous state of residence if needed.

Response: They can sign children in and out with parents’ permission on file as a third party service provider.

Response: The Division of Regulated Child Care will not backdate to require this new regulation for existing providers/employees, only those who are employed after 4/8/13.

Response: This information will be documented on the background check; however this would only be applicable to a driver.

Response: The regulations state naps cannot be more than 2 hours in length for a preschool age child unless the child attends non-traditional hours.  The time of day is not addressed.

Response: The regulations do not require rest time for school age children.  However, if a child would like to sleep, provisions should be made for this.

Response: 922 KAR 2:100 Section 12 (12)(d) 1 – 11 A certified family child care home shall provide a daily planned program that offers a variety of creative activities including; art, music, dramatic play, stories and books, science, block building, tactile activity, culture, indoor or outdoor play in which a child makes use of both small and large muscles, a balance of active and quiet play, including group and individual activity and an opportunity for a child to have some free choice of activities, if desired, play apart from the group at time and practice developmentally appropriate self-help procedures in respect to closing, toileting, hand-washing and eating.

These activities are required to be offered daily. However being offered can mean that the learning centers/toys are available for the children to play each day. Each of these areas is not required to be addressed daily on a lesson plan.

Response: The regulations require that a planned program of activities be provided that are individualized and developmentally appropriate for each child served.  There must be developmentally appropriate materials for each age group served but not all equipment must be appropriate for all children.

Response: The regulations do not distinguish between Type 1 or Type II providers. A licensed Type II may combine infants and toddlers with other children for no more than one hour a day for an activity.

Response:  There is really no magic number/measurement of time that can be put on how long is too long.  Watching children for signals is the best way to determine the length of an activity.  If children are restless, crying, fighting with one another – the activity has gone too long!  When working with children the staff should watch for signs that the children are no longer interested in an activity and be ready to make a transition to the next activity. 

Regular routines during transition will avoid confusion among the children and help things move quickly.   Having children wait for extended periods during an activity or waiting for an activity to start is unacceptable. Staff should establish routines and work as a team to eliminate the time “waiting.” 

Staff who work with infants who are immobile should implement a system of “rotating” or moving the infants from one activity to the next.  This assures that each infant has a variety of activities that last short periods of time including time in a swing, tummy time, time on their back on the floor,  time being held and read to, etc. 

Avoid requiring that children be confined to the same spot for extended periods. For example:  many centers use kidney shaped tables in their toddler rooms.  When used correctly the tables allow a staff to sit comfortably facing their students to help the children exhibit good manners while eating or working on an activity.  These tables are confining and when the activity is no longer interesting or when a meal is over, the children should be allowed to get down from the table and should not be confined for extended periods while the staff cleans the room, changes diapers or prepares the next project. 

Staff should have a realistic expectation of how long an activity should last, and then be ready to adjust as needed to assure the children are engaged, happy and comfortable.  For example: some children become restless when watching a video.  Staff should provide alternative activities for those children who are unable to sit quietly and enjoy the program.

Staff should work with smaller groups of children to expedite waiting in line to go outdoors, waiting at the table for lunch to be served or waiting in line at the bathroom.

A child should never be required to stand or sit for an extended period as a punishment.

Response: The center must have written and posted daily schedules for each classroom. The schedules must reflect the developmentally and age appropriate activities and routines from the time the child care center opens until the time the center closes. Daily schedules should include when meals are scheduled, rest time, outside play, programming activities and bedtime (if applicable). Daily schedules should be followed routinely so staff and children know what to expect.

 

The daily schedule must not be confused with the daily planned program of activities.  The staff must plan and implement a program of activities each day. The plan that includes the daily activities must be in writing and must be posted for review. Be sure to include plans for school age children who may attend for part day program (before and after school) or full day care.

The plan should include activities that are developmentally appropriate for each child and may need to be individualized to meet a child’s needs. For example: if an art activity requires a child to cut with scissors, the staff should identify and have a procedure planned to assist children who have difficulty using the scissors to successfully complete the project on their own. (As a reminder – art is not required in an infant class.)

 

The daily plan should incorporate a variety of activities to promote a child’s development. For example: running, climbing, cutting with scissors would promote physical growth. Regular routines followed from day to day create safe and familiar surroundings which will help develop emotional growth. Learning to take turns or show compassion to a friend who is sad will help the child develop socially. Planning a wide variety of activities including the opportunity for conversation and extended learning opportunities will stimulate intellectual growth and well-being.

 

A variety of activities must be planned and offered daily. Some activities may be set up as learning centers and used on a daily basis for self-initiated learning to satisfy the programming requirement while other activities may be presented in a teacher led activity. Here are some examples to consider: 1) An art easel with paper and markers may be regularly available for use by the preschool children. In addition, the classroom staff may plan art projects for the entire group. 2) There may be a learning center with musical instruments available for regular use by the children in the Toddler Room. In addition, staff may choose to lead the children in an interpretive dance activity. 3) The room may contain a library of books with comfy pillows and cushions that the children can use on their own. The teacher may have a featured book that she is introducing during a circle time activity to help develop a theme or lesson.

Response:  The regulations state viewing or individual listening is limited to 2 hours per day and is designed as an educational tool.  Background music during nap is not considered in the 2 hour individualized listening or viewing time. 

Response: Yes.  Electronic viewing (i.e., computer, hand held video game or television) or listening devices (headphones) may be used by an individual child up to two (2) hours each day. Remember that the program must be appropriate and may not include any violence, adult content or inappropriate language. This includes personal games or equipment brought from home.

 

Background music during nap is not considered in the two (2) hour individualized listening or viewing time.

 

The viewing or listening activity must be designed as an educational tool and should be reflected on the daily lesson plan.

 

The child care center should implement a procedure to inform parents of their plans to use video and audio equipment. This may be done in writing in the enrollment paperwork, a parent handbook or newsletter.

 

If viewing or listening is incorporated an activity, an alternate activity must be provided for a child who does not wish to participate.

Response: Yes as long as

• The toddler is twenty-one (21) months or older;

•  Space for the toddler is available in the preschool-age group;

•   The staff-to-child ratios and group sizes are maintained based on the age of the youngest child;

•  The center has a procedure for listing a transitioning toddler on attendance records, including a specific day and time the toddler is with either age group; and

• The child care center has obtained the signature and approval of the toddler’s parent on the toddler’s transition plan.

Response: The purpose of this requirement is to have all this information in one easy to access location. Either is acceptable on the CAN or CRC and on a separate document if you choose.

Response: The regulations state  that a director, employee, volunteer, or any person with supervisory or disciplinary control over, or having unsupervised contact with, a child in care, the results of a written annual plan for child-care staff professional development.

Response: Child Care Training information can be found on the statewide training calendar at https://tris.eku.edu/ece/content.php?CID=23

Response: The regulation require 15 clock hours of training to be received within the first year of employment. Six (6) hours of orientation training are required within 90 days of employment.

Response: The 9 hours is in addition to the 6 hours of orientation training for a total 15 hours the first year and every year thereafter.

Response: A volunteer who takes the place of staff at the center would appear on the staff roster, therefore, they are not permitted to train staff who work in the same location.

Response: If a staff has previously taken orientation training, please check the ECE-TRIS data base to assure that it appears on that record.  If not, have the staff bring a copy of the orientation certificate to the child care center that can be included in the staff records.  If a staff has “proof” that they have already completed orientation training, they are not required to take the class again. Completed orientation training (recently taken or many years ago) counts as 6-hours of training during the staff person’s first year of employment.  As you can see, hiring experienced staff who have already taken orientation training is a huge benefit for your child care center; i.e.  with proof of completed orientation training the newly hired staff person will only have to have 9 hours of training during their first year of employment at your center.

Response: Yes.  The date that orientation training was completed is required.  A staff would receive credit for having completed the orientation training but would be cited one time for failing to have a date of orientation, indicating that it was completed within the first 90 days.

922 KAR 2:110 Section 5 Staff Requirements

(14)  In accordance with KRS 199.896 (15) and (16), a staff person with supervisory authority over a child shall complete the following: 

(a) six hours of cabinet-approved orientation within the first three months of employment.

Response: The PAHT training must be taken once every 5 years and will count toward annual training hours. Note: New hires after 04/18/13 must receive 1.5 hours of PAHT training within the first year of employment. Staff hired prior to 4/8/13 must receive 1.5 hours of PAHT training before 7/15/15.

PAHT is now available online at https://www.training.eku.edu/abusiveheadtraumacpWBT.

If a staff has previously taken pediatric abusive head trauma training, please check the ECE-TRIS record to assure that it appears on that record.

 

Response: There is no current regulation that prohibits a staff from repeating the Orientation Training.  It would be acceptable for a staff to repeat the 6 Hour Orientation Training Class. The staff would receive six hours toward their 15 hours of annual training per year.     

Response: The childcare regulations require that the director conduct, manage and document in writing staff meetings.  To assure minimum licensure compliance, the director would conduct or manage at least two staff meetings during a licensure year. Helpful hint: for verification purposes, it is recommended that the director keep a list of the dates of staff meetings, topics discussed and roster of staff who attended each.

Response: There has been an increase in facilities doing a “working interview” for new staff.   As this person (applicant) is not an employee and is potentially only present for a day or part of a day, this person would be considered a visitor. Helpful hint:  this person is in addition to regular staff and would be under the direction of qualified staff at all times. 

Response: The current child care regulations in Kentucky require that all staff have a high school diploma, GED or Commonwealth Child Care Credential.  There is nothing in place that would exempt persons who have recently relocated from another country.

Response: The regulatory language specifically requires a high school diploma, GED or Commonwealth Child Care Credential.  Staff who have attended/graduated from a college or university have exceeded the minimum standard of a high school diploma and by providing a transcript from their college/university you can confirm that they have graduated from high school (high school graduation date is typically recorded on this form).   Therefore, staff who complete their CDA at a college or university would have exceeded the requirement of a high school diploma – but again they would need to produce the college transcript as verification.  The CDA credential is recognized nationally and is taught in college as well as non-college settings.