199.8982 Family child-care home certification program -- When required -- Requirements for certification -- Unannounced inspection -- Use of information -- Authority to promulgate administrative regul
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<![CDATA[199.8982 Family child-care home certification program -- When required -- Requirements for certification -- Unannounced inspection -- Use of <br>information -- Authority to promulgate administrative regulations -- Hearing -<br>- Emergency action -- Training. (1) (a) The cabinet shall establish a family child-care home certification program which shall be administered by the department. A family child-care provider <br>shall apply for certification of the provider's home if the provider is caring for <br>four (4) to six (6) children unrelated to the provider. A family child-care <br>provider caring for three (3) or fewer children may apply for certification of <br>the provider's home at the discretion of the provider. Applicants for <br>certification shall not have been found by the cabinet or a court to have abused <br>or neglected a child, and shall meet the following minimum requirements: <br>1. Submit two (2) written character references; 2. Provide a written statement from a physician or advanced practice <br>registered nurse that the applicant is in good health; 3. Submit to a criminal record check in accordance with KRS 17.165. The <br>application shall be denied if the applicant has been convicted of a <br>violent crime or sex crime as defined in KRS 17.165; 4. Provide smoke detectors, a telephone, an adequate water supply, <br>sufficient lighting and space, and a safe environment in the residence in <br>which care is provided; 5. Provide a copy of the results of a tuberculosis risk assessment and the <br>results of any appropriate follow-up with skin testing or chest X-ray for <br>applicants who are determined to be at risk for developing tuberculosis <br>in accordance with the recommendations of the Centers for Disease <br>Control and Prevention within thirty (30) days of the date of application <br>for certification; and 6. Demonstrate completion of a total of at least six (6) hours of training in <br>the following areas within three (3) months of application for <br>certification: <br>a. Basic health, safety, and sanitation; b. Recognizing and reporting child abuse; and c. Developmentally appropriate child-care practice. (b) Initial applications for certification shall be made to the department and shall be accompanied by a ten dollar ($10) certification fee. The department shall <br>issue a certificate of operation upon inspecting the family child-care home and <br>determining the provider's compliance with the provisions of this section. The <br>inspection shall be unannounced. A certificate of operation issued pursuant to <br>this section shall not be transferable and shall be renewed every two (2) years <br>for a fee of ten dollars ($10). (c) A certified family child-care provider shall display the certificate of operation in a prominent place within the residence in which care is provided. The <br>cabinet shall provide the certified family child-care provider with written information explaining the requirements for a family day-care provider and <br>instructions on the method of reporting violations of the requirements which <br>the provider shall distribute to parents. (d) Upon request of any person, the cabinet shall provide information regarding the denial, revocation, suspension, or violation of any type of day-care license <br>of the family child-care provider. Identifying information regarding children <br>and their families shall remain confidential. (e) The cabinet shall provide, upon request, public information regarding the inspections of and the plans of correction for the family child-care home <br>within the past year. All information distributed by the cabinet under this <br>paragraph shall include a statement indicating that the reports as provided <br>under this paragraph from the past five (5) years are available from the family <br>child-care home upon the parent's, custodian's, guardian's, or other interested <br>person's request. (f) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A which establish standards for the issuance, monitoring, <br>release of information under this section and KRS 199.896 and 199.898, <br>renewal, denial, revocation, and suspension of a certificate of operation for a <br>family child-care home and establish criteria for the denial of certification if <br>criminal records indicate convictions that may impact the safety and security <br>of children in care. A denial, suspension, or revocation of a certificate may be <br>appealed, and upon appeal an administrative hearing shall be conducted in <br>accordance with KRS Chapter 13B. If the cabinet has probable cause to <br>believe that there is an immediate threat to the public health, safety, or <br>welfare, the cabinet may take emergency action to suspend a certificate <br>pursuant to KRS 13B.125. The cabinet shall promulgate administrative <br>regulations to impose minimum staff-to-child ratios. The cabinet may <br>promulgate administrative regulations relating to other requirements necessary <br>to ensure minimum safety in family child-care homes. The cabinet shall <br>develop and provide an "easy-to-read" guide containing the following <br>information to a family child-care provider seeking certification of his home: <br>1. Certification requirements and procedures; 2. Information about available child-care training; and 3. Child-care food sponsoring organizations. (2) Family child-care providers shall annually demonstrate to the department completion of at least six (6) hours of training in child development. These hours <br>shall include but are not limited to one and one-half (1.5) hours one (1) time every <br>five (5) years of continuing education in the recognition and prevention of pediatric <br>abusive head trauma, as defined in KRS 620.020. Training in recognizing pediatric <br>abusive head trauma may be designed in collaboration with organizations and <br>agencies that specialize in the prevention and recognition of pediatric abusive head <br>trauma approved by the secretary of the Cabinet for Health and Family Services. <br>The one and one-half (1.5) hours of continuing education required under this section shall be included in the current number of required continuing education <br>hours. (3) The cabinet shall, either through the development of or approval of, make available a model training curriculum and training materials, including video instructional <br>materials, to cover the areas specified in subsection (1)(a)6. of this section. The <br>cabinet shall develop or approve the model training curriculum and training <br>materials to cover the areas specified in subsection (1)(a)6. of this section. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 85, sec. 71, effective July 15, 2010; and ch. 171, sec. 8, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 144, sec. 1, effective <br>July 15, 2008. -- Amended 2000 Ky. Acts ch. 14, sec. 24, effective July 14, 2000; <br>and ch. 308, sec. 19, effective July 14, 2000;. -- Amended 1998 Ky. Acts ch. 426, <br>sec. 158, effective July 15, 1998; and ch. 524, sec. 4, effective July 15, 1998. -- <br>Amended 1996 Ky. Acts ch. 318, sec. 91, effective July 15, 1996. -- Created 1992 <br>Ky. Acts ch. 57, sec. 2, effective July 14, 1992. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 85 and 171, which do not appear to be in conflict and have been <br>codified together. Legislative Research Commission Note (7/14/2000). This section was amended by 2000 Ky. Acts chs. 14 and 308, which are in conflict. Under KRS 446.250, Acts <br>ch. 308, which was last enacted by the General Assembly, prevails. ]]>