922 KAR 2:180. Requirements for registered child care providers
in the Child Care Assistance Program.
RELATES
TO: KRS 17.165, 17.500–17.580, 189.125, 199.011(2), (4), 199.896(16), (18), 199.898,
199.8982, 199.8994, 214.010, 314.011(5), KRS 527.070(1), 620.020(8), 620.030, 45
C.F.R. 98, 601-619, 9858, 20 U.S.C. 6081-6084
STATUTORY
AUTHORITY: KRS 194A.050(1), 199.8994(6)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet
for Health and Family Services to promulgate administrative regulations
necessary under applicable state laws to protect, develop, and maintain the
health, personal dignity, integrity, and sufficiency of the individual citizens
of the Commonwealth. KRS 199.8994(6) requires the cabinet to promulgate administrative
regulations to establish minimum health and safety standards, limitations on
the maximum number of children in care, training requirements for a child care
provider that receives a child care subsidy administered by the cabinet, and
criteria for the denial of subsidies if criminal records indicate convictions
that impact the safety and security of children in care. This administrative
regulation establishes requirements for providers to participate in the Child
Care Assistance Program and the application procedures.
Section
1. Definitions. (1) "Address check" means a cabinet search of the Sex
Offender Registry to determine if a person’s residence is a known address of a
registered sex offender.
(2)
"Cabinet" is defined by KRS 199.011(2).
(3)
"Child" is defined by KRS 199.011(4).
(4)
"Closed" means the provider is no longer a registered program
provider.
(5)
"Conditional Approval" means time-limited approval while completing
required training.
(6)
"Corporal physical discipline" is defined by KRS 199.896(18).
(7)
"Denied" means the application for program registration is not
approved and the applicant will be penalized.
(8)
"Developmentally appropriate" means suitable for the specific age
range and abilities of a child.
(9)
"Health professional" means a person actively licensed in Kentucky as
a:
(a)
Physician;
(b)
Physician’s assistant;
(c)
Advanced registered nurse practitioner; or
(d)
Registered nurse as defined in KRS 314.011(5) under the supervision of a
physician.
(10)
"Related" means having one (1) of the following relationships with
the registered provider:
(a)
Child;
(b)
Grandchild;
(c)
Niece;
(d)
Nephew;
(e)
Sibling;
(f)
Step-child;
(g)
Child in legal custody of the provider; or
(h)
Child living with the provider acting in loco parentis.
(11)
"Parent" is defined by 45 C.F.R. 98.2.
(12)
"Pediatric abusive head trauma" is defined in KRS 620.020(8).
(13)
"Revoked" means the provider is no longer a registered provider and
the provider will be penalized.
(14)
"Sex Offender Registry" means the registration system for adults who
have committed sex crimes or crimes against minors established in accordance
with KRS 17.500 through 17.580.
(15)
"Withdrawn" means the application for program registration is removed
from consideration without a penalty.
Section
2. Application Rights and Requirements for Child Care Provider Registration.
(1) An individual shall notify the cabinet or its designee of the individual's
intent to apply for child care provider registration:
(a)
Directly by:
1.
Telephone; or
2.
Written statement; or
(b)
Indirectly by being designated as the choice for providing unregulated child
care by an applicant for benefits under the Child Care Assistance Program
(CCAP) in accordance with 922 KAR 2:160.
(2)
An individual may apply or reapply for child care provider registration on the
same day that the notice of intent to apply in accordance with subsection (1)
of this section is made with the cabinet or its designee.
(3)
An individual who intends and requests to apply for registration as a child
care provider shall not be required to appear in person to complete an
application and supporting documentation in accordance with subsections (4) and
(5) of this section, but may receive all necessary forms and instructions by
mail.
(4)
To apply for child care provider registration in CCAP, an individual shall,
within thirty (30) calendar days of giving notice of intent to apply pursuant
to subsection (1) of this section:
(a)
Submit:
1.a.
A completed DCC-95, Application for Registered Child Care Provider in
Provider’s Home; or
b.
A completed DCC-96, Application for Registered Child Care Provider in Child’s
Home;
2.
Written verification from a health professional that the individual is:
a.
Free of active tuberculosis; and
b.
In good general health and able to care for children;
3.
A completed DCC-94A, Registered Child Care Provider Information Form;
4.
A completed IRS W-9, Request for Taxpayer Identification Number and
Certification; and
5.
A written evacuation plan in the event of fire, natural disaster, or other
threatening situation that may pose a health or safety hazard to a child in
care that includes:
a.
A designated relocation site;
b.
Evacuation routes;
c.
Measures for notifying parents of the relocation site and ensuring a child’s
return to the child’s parent; and
d.
Actions to address the needs of an individual child to include a child with a
special need. The cabinet shall post an online template of an evacuation plan
that fulfills requirements of this administrative regulation for an
individual’s free and optional use;
(b)
Show proof by photo identification or birth certificate that the individual is
eighteen (18) years or older;
(c)
Show verification of Social Security number; and
(d)
Meet the requirements of KRS 17.165(5), as shown by providing:
1.
A criminal records check conducted by the Kentucky State Police or the
Administrative Office of the Courts within the previous twelve (12) months on
the individual;
2.
A child abuse and neglect check using the central registry in accordance with
922 KAR 1:470 on the individual;
3.
A criminal records check for any previous state of residence completed once if:
a.
The applicant resided outside the state of Kentucky in the last five (5) years;
and
b.
No criminal records check has been completed for the applicant’s previous state
of residence; and
4.
An address check of the Sex Offender Registry.
(5)(a)
An applicant may receive conditional approval in accordance with Section 4(2)
of this administrative regulation.
(b)
Within ninety (90) calendar days of giving notice of intent to apply for
registration as a child care provider in CCAP pursuant to subsection (1) of
this section, the applicant shall provide verification that the applicant has
obtained six (6) hours of training approved by the cabinet or its designee, in
the areas of:
1.
Health, safety, and sanitation;
2.
Recognition of child abuse and neglect, which may include cabinet-approved
pediatric abusive head trauma training in accordance with KRS 199.896(16); and
3.
Developmentally appropriate child care practice.
(c)
An applicant who fails to complete training in accordance with paragraph (b) of
this subsection shall be subject to cabinet action in accordance with Section
4(4) of this administrative regulation.
Section
3. Additional Requirements for Registered Providers in Provider’s Home. (1) If
a registered child care provider provides child care services in the provider’s
home:
(a)
The provider shall:
1.
Submit written verification from a health professional that each member of the
provider’s household age eighteen (18) or older is free from tuberculosis; and
2.
Provide written verification that each member of the provider’s household who
is age eighteen (18) or older meets the requirements in KRS 17.165 by the
member’s provision of the following to the cabinet or its designee:
a.
Criminal records check conducted by the Kentucky State Police or the
Administrative Office of the Courts;
b.
Criminal records check for any previous state of residence completed once if:
(i)
The household member resided outside the state of Kentucky in the last five (5)
years; and
(ii)
No criminal records check has been completed for the household member’s
previous state of residence; and
c.
Child abuse and neglect check using the central registry in accordance with 922
KAR 1:470.
(b)
An address check of the Sex Offender Registry and supporting documentation
shall confirm that no individual residing in the provider’s household is a
registered sex offender.
(2)
A registered child care provider shall certify that the provider’s home and
each play area used for child care are safe and have adequate:
(a)
Heat;
(b)
Light; and
(c)
Ventilation.
(3)
Each floor of a registered child care provider’s home used for child care shall
have at least one (1):
(a)
Unblocked exit to the outside;
(b)
Smoke detector;
(c)
Fire extinguisher; and
(d)
Carbon monoxide detector if the home:
1.
Uses fuel burning appliances; or
2.
Has an attached garage.
(4)
A registered child care provider’s home and areas accessible to children in
care shall be free of hazards, and the following items shall be inaccessible to
a child in care:
(a)
Cleaning supplies, poisons, paints, and insecticides;
(b)
Knives, scissors, and other sharp objects;
(c)
Power tools, lawn mowers, hand tools, nails, and other like equipment;
(d)
Matches, cigarettes, lighters, combustibles, and flammable liquids;
(e)
Alcoholic beverages; and
(f)
Medications.
(5)
In accordance with KRS 527.070(1), firearms and ammunition shall be stored and
locked in locations separate from each other and inaccessible to a child in
care.
(6)
Electrical outlets not in use shall be covered.
(7)
An electric fan, floor furnace, freestanding heater, wood burning stove, or
fireplace, shall:
(a)
Be out of the reach of a child; or
(b)
Have a safety guard to protect a child from injury.
(8)
A registered child care provider shall use protective gates to block all
stairways if a child in care is under age three (3).
(9)
Stairs and steps shall:
(a)
Be in good repair; and
(b)
Include railing of comparable length to the stairs or steps.
(10)
A registered child care provider’s home shall have:
(a)
At least one (1) working telephone with a residential line or an active mobile
service; and
(b)
An accessible list of emergency telephone numbers, including the numbers for
the:
1.
Police;
2.
Fire station;
3.
Emergency medical care;
4.
Poison control center; and
5.
Reporting of child abuse and neglect.
(11)
A registered child care provider’s home shall have a:
(a)
Refrigerator in working order that maintains a temperature of forty-five (45)
degrees Fahrenheit or below; and
(b)
Freezer that maintains a temperature of zero degrees Fahrenheit.
(12)
A registered child care provider shall maintain first aid supplies that
include:
(a)
Liquid soap;
(b)
Band aids;
(c)
Sterile gauze; and
(d)
Adhesive tape.
(13)
A registered child care provider shall wash hands with liquid soap and running
water:
(a)
Before and after diapering a child;
(b)
Before and after food preparation;
(c)
Before feeding a child; and
(d)
At other times when necessary to prevent the spread of disease.
(14)
In accordance with KRS 199.896(18), a registered child care provider shall not
use corporal physical discipline on a child entrusted to the provider’s care.
(15)
Pets or livestock shall be vaccinated and not left alone with a child.
(16)
If transportation is provided by a registered child care provider, the provider
shall:
(a)
Have written permission from a parent or guardian to transport the child;
(b)
Have a vehicle equipped with seat belts; and
(c)
Comply with KRS 189.125 regarding child restraint and seating.
Section
4. Actions on Applications. (1) The cabinet or its designee shall approve,
deny, or withdraw an individual’s application for registration within thirty
(30) calendar days from receipt of the individual’s notice of intent to apply
made in accordance with Section 2(1) of this administrative regulation.
(2)
The cabinet or its designee may conditionally approve an individual who made a
notice and application pursuant to Section 2(1) and (4) of this administrative
regulation, to provide child care services to a child for ninety (90) calendar
days, if the applicant meets the requirements of:
(a)
Sections 2(4), 5, and 6 of this administrative regulation; and
(b)
Section 3 of this administrative regulation, if child care is given in the home
of the provider.
(3)
The cabinet or its designee shall approve an individual who made a notice and
application pursuant to Section 2(1) and (4) of this administrative regulation
as a registered child care provider for one (1) year, if the applicant meets
the requirements specified in:
(a)
Sections 2(4) through (5), 5, and 6 of this administrative regulation; and
(b)
Section 3 of this administrative regulation if child care is given in the home
of the provider.
(4)
If a conditionally approved provider, as specified in subsection (2) of this
section, has not completed the training requirement within the ninety (90) day
timeframe pursuant to Section 2(5) of this administrative regulation, the
cabinet or its designee shall:
(a)
Not approve an applicant for payment pursuant to 922 KAR 2:160 past the ninety
(90) days of conditional approval; and
(b)
Deny another:
1.
Period of conditional approval for the same applicant; or
2.
Application from the same applicant unless training has been completed in
accordance with Section 2(5) of this administrative regulation.
(5)
The cabinet may confirm training verification provided by an applicant,
conditionally approved applicant, or registered child care provider through the
cabinet-approved training database maintained in accordance with 922 KAR 2:240.
Section
5. General Requirements for Registered Child Care Providers. (1) A registered
child care provider shall not:
(a)
Live in the same residence as the child in care;
(b)
Hold a license to provide child care in accordance with 922 KAR 2:090;
(c)
Hold certification to provide child care in accordance with 922 KAR 2:100; or
(d)
Provide care for more than three (3) children unrelated to the provider in
accordance with KRS 199.8982(1)(a).
(2)
A registered child care provider shall not provide other home based services,
including services, such as:
(a)
A personal care home in accordance with 902 KAR 20:036;
(b)
A family care home in accordance with 902 KAR 20:041;
(c)
An adult day care in accordance with 910 KAR 1:160; or
(d)
Supports for community living in accordance with 907 KAR 1:145.
(3)
A registered child care provider shall:
(a)
Comply with the:
1.
Provisions of KRS 199.898; and
2.
Provider requirements in accordance with 922 KAR 2:160, Section 13;
(b)
Allow the cabinet, the cabinet’s designee, another agency with regulatory
authority, and a parent of a child in care access to the premises where a child
receives care during the hours that the child care services are provided; and
(c)
Report within ten (10) calendar days any change to the provider’s:
1.
Address;
2.
Name;
3.
Telephone number;
4.
Household members; or
5.
Location where the child care is provided.
(4)
A registered child care provider who gives care in the provider’s home shall
comply with the requirements of Section 3(1) of this administrative regulation
within ten (10) calendar days for a:
(a)
New household member who is eighteen (18) years or older; or
(b)
Household member who turns age eighteen (18).
(5)(a)
A registered child care provider shall maintain an attendance sheet in which
the daily arrival and departure times of each child are recorded in accordance
with 922 KAR 2:160, Section 13.
(b)
A registered child care provider shall retain attendance sheets completed in
accordance with paragraph (a) of this subsection for five (5) years.
(6)(a)
Care for a child with a special need shall be consistent with the nature of the
need as documented by the child’s health professional.
(b)
A child may include a person eighteen (18) years of age if the person has a
special need for which child care is required.
(7)
While providing child care services, a registered provider and another person
in the provider’s home shall:
(a)
Be free of the influence of alcohol or a controlled substance, except for use
of a controlled substance as prescribed by a physician; and
(b)
Prohibit smoking in the presence of a child in care.
(8)
A registered child care provider shall report to the cabinet or designee:
(a)
Within twenty-four (24) hours from the time of discovery:
1.
A communicable disease, which shall also be reported to the local health
department pursuant to KRS 214.010;
2.
An accident or injury to a child that requires medical care;
3.
An incident that results in legal action by or against the registered child
care provider that:
a.
Affects:
(i)
A child in care;
(ii)
The registered child care provider; or
(iii)
An adult residing in the registered child care provider’s household if child
care services are provided in the provider’s home; or
b.
Includes the provider’s discontinuation or disqualification from a governmental
assistance program due to fraud or abuse of that program;
4.
An incident involving a fire or other emergency, including a vehicular accident
when the provider is transporting a child receiving child care services; or
5.
A report of child abuse or neglect that:
a.
Has been accepted by the cabinet in accordance with 922 KAR 1:330; and
b.
Names:
(i)
The registered child care provider as the alleged perpetrator; or
(ii)
A member of the registered child care provider’s household as alleged
perpetrator if child care services are provided in the provider’s home;
(b)
An incident of child abuse or neglect pursuant to KRS 620.030;
(c)
The death of a child in care within one (1) hour; or
(d)
The provider’s temporary or permanent closure as soon as practicable, which
shall also be given to the parent of a child in care.
Section
6. Child Ratios. During hours of operation, a registered child care provider
shall not care for more than:
(1)
Three (3) children receiving CCAP per day;
(2)
Six (6) children receiving CCAP per day, if those children are:
(a)
A part of a sibling group; and
(b)
Related to the provider; or
(3)
A total of eight (8) children inclusive of the provider’s own children.
Section
7. Renewal of Registration. (1) The cabinet or its designee shall send a
reminder notice to a registered child care provider at least forty-five (45)
calendar days prior to the expiration date of the provider’s registration
issued in accordance with Section 4(3) of this administrative regulation.
(2)
To renew child care provider registration prior to the expiration of the
registration, a registered child care provider shall:
(a)
Meet the requirements specified in Sections 2(4), 5, and 6 of this
administrative regulation;
(b)
Complete, and provide verification of, three (3) hours of training in early
care and education approved by the cabinet or its designee:
1.
To include one and one-half (1 1/2) hours of pediatric abusive head trauma
training:
a.
Within first year of employment or operation as a child care provider; and
b.
Completed once during each subsequent five (5) years of employment or operation
as a child care provider; and
2.
In one (1) or more of the following subjects:
a.
Child growth and development;
b.
Learning environments and nutrition;
c.
Health, safety, and nutrition;
d.
Family and community partnerships;
e.
Child assessment;
f.
Professional development and professionalism; or
g.
Program management and evaluation;
(c)
Submit an updated version of the evacuation plan described in Section 2(4)(a)5
of this administrative regulation;
(d)
Retain a copy of the updated evacuation plan; and
(e)
Provide a copy of the updated evacuation plan to each parent of a child in
care.
(3)
In addition to the requirements of subsection (2) of this section, a registered
provider who gives care in the provider’s home shall also meet the requirements
of Section 3 of this administrative regulation.
Section
8. Negative Action for An Applicant or A Registered Child Care Provider. (1) If
a registered child care provider or a member of the provider’s household is
named as the alleged perpetrator in a child abuse or neglect report accepted by
the cabinet in accordance with 922 KAR 1:330, the individual shall be removed
from direct contact with a child in care:
(a)
For the duration of the family-in-need-of-services assessment or investigation;
and
(b)
Pending completion of an administrative appeal process for a cabinet
substantiation of child abuse or neglect in accordance with 922 KAR 1:320 or
922 KAR 1:480.
(2)
The cabinet or its designee shall send written notice of negative action to:
(a)
An applicant for registration, if the application is:
1.
Withdrawn; or
2.
Denied; or
(b)
A registered child care provider, if the provider’s registration is:
1.
Closed; or
2.
Revoked.
(3)
The notice of negative action shall include the:
(a)
Reason for the negative action; and
(b)
Effective date.
(4)
An application for registration shall be denied or a registered provider’s
registration shall be revoked if:
(a)
Written verification from a health professional confirms a diagnosis of
tuberculosis;
(b)
A background check pursuant to KRS 17.165(5) reveals a:
1.
Substantiated incident of child abuse or neglect in accordance with 922 KAR
1:470; or
2.
Conviction of, or an Alford or guilty plea to, a:
a.
Violent crime; or
b.
Sex crime;
(c)
A history of behavior exists that may impact the safety or security of a child
in care including:
1.
A conviction, an Alford plea, or a guilty plea related to the abuse or neglect
of an adult;
2.
A conviction for, or an Alford or guilty plea to, a drug-related felony unless
five (5) years have elapsed since the person was fully discharged from
imprisonment, probation, or parole;
3.
A confirmation through an address check and supporting documentation that a:
a.
Provider is a registered sex offender; or
b.
Member of the provider’s household is a registered sex offender, if the
provider provides child care services in the provider’s home; or
4.
Other behavior or condition indicating inability to provide reliable care to a
child;
(d)
The provider uses or allows the use of any form of corporal physical discipline
on a child entrusted to the provider’s care;
(e)
The cabinet has probable cause to believe there is an immediate threat to the
health, safety, or welfare of a child;
(f)
The applicant or provider has been discontinued or disqualified from
participation in:
1.
CCAP, including an intentional program violation in accordance with 922 KAR
2:020; or
2.
Another governmental assistance program due to fraud or abuse of that program;
(g)
The applicant or provider knowingly misrepresents or submits false information
on a form required by the cabinet; or
(h)
During the hours that child care services are provided, the provider refuses
access by:
1.
A parent of a child in care, the cabinet, the cabinet’s designee, or another
agency with regulatory authority to:
a.
A child in care; or
b.
The location of the child care; or
2.
The cabinet, the cabinet’s designee, or another agency with regulatory
authority to the provider’s records.
(5)
If an applicant has had a previous ownership interest in a child-care provider
which had a prior certification, license, registration, or permit to operate
denied, suspended, revoked, or voluntarily relinquished as a result of an
investigation or a pending adverse action in accordance with 922 KAR 2:090,
2:100, 2:110, 2:120, or this administrative regulation, the cabinet shall grant
the applicant registration if:
(a)
A seven (7) year period has expired from the:
1.
Date of the prior denial, suspension, or revocation;
2.
Date the certification, license, registration, or permit was voluntarily
relinquished as a result of an investigation or a pending adverse action;
3.
Last day of legal remedies being exhausted; or
4.
Date of the final order from an administrative hearing; and
(b)
The applicant Complies with:
1.
Sections 2, 5, and 6 of this administrative regulation; and
2.
If care is given in the home of the provider, Section 3 of this administrative
regulation;
(c)
The applicant completes, and provides verification of, an additional twelve
(12) hours of training approved by the cabinet or its designee in early care
and education;
(d)
The applicant has not had an application, certificate, license, registration,
or permit to operate as a child care provider denied, revoked, or voluntarily
relinquished for:
1.
Conviction of, or an Alford or guilty plea to, a sex crime or violent crime in
accordance with KRS 17.165;
2.
Abuse or neglect of a child according to a child abuse and neglect check of the
central registry in accordance with 922 KAR 1:470;
3.
Placement on the Sex Offender Registry;
4.
Conviction of, or an Alford or guilty plea to, a drug-related felony, and five
(5) years has not elapsed since the person was fully discharged from
imprisonment, probation, or parole; or
5.
Discontinuance or disqualification from participation in:
a.
CCAP, including an intentional program violation in accordance with 922 KAR
2:020; or
b.
Another governmental assistance program due to fraud or abuse of that program.
(6)
An application may be withdrawn:
(a)
If all required documentation for the application process is not received
within thirty (30) calendar days in accordance with Section 2(4) of this
administrative regulation; or
(b)
At the request of the applicant.
(7)
A registered child care provider’s status may be closed:
(a)
At the request of the provider; or
(b)
If the provider fails to comply with requirements in Section 3, 5, 6, or 7(2).
(8)
The voluntary withdrawal, closure, or relinquishment of a provider’s
registration shall not preclude the cabinet’s pursuit of adverse action.
Section
9. Appeal of Negative Action. If the cabinet or its designee denies or
withdraws an application for registration, revokes a provider’s registration,
or closes a provider, the applicant or provider may request an appeal in
accordance with 922 KAR 1:320.
Section
10. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"DCC-94A Registered Child Care Provider Information Form", edition
7/12;
(b)
"DCC-95, Application for Registered Child Care Provider in Provider’s
Home", edition 7/12;
(c)
"DCC-96, Application for Registered Child Care Provider in Child’s
Home", edition 7/12; and
(d)
"IRS W-9, Request for Taxpayer Identification Number and Certification",
edition 10/07.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department for Community Based Services, 275 East Main
Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (28
Ky.R. 504; Am. 908; eff. 9-25-2001;29 Ky.R. 2193; 2484; eff. 4-11-03; 32 Ky.R.
2383; 33 Ky.R. 443; eff. 9-1-06; 34 Ky.R. 499; 815; 998; eff. 11-19-2007; 39
Ky.R. 907; 1731; eff. 3-8-13; 39 Ky.R. 2278; eff. 9-18-2013.)
