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Regulation Updates as July 23, 2024

During 2023, Kansas Department of Health and Environment (KDHE) worked diligently with the regulated community and partners to remove barriers within the child care system while ensuring Kansas was meeting federal requirements in licensing practices. Changes streamlined program types, added capacity increases within groupings and created a new level of entry for program directors. The amended regulations were adopted by the KDHE and published in the Kansas Register on July 18, 2024, with regulations effective Aug. 2, 2024. Updated information, including a copy of the Kansas Register containing the adopted regulations, is available on the child care licensing webpage: kdheks.gov/kidsnet.  

Points to Remember  

  • The proposed regulations were available for public comment beginning March 28, 2024, and ended after the public hearing on June 4, 2024. Comments were received from the regulated community, parents of children in care, licensing specialists, other interested parties and state and national organizations.  

  • KDHE considered all comments received.  

  • KDHE will implement a phase-in period for some amended regulations, upon the effective date all licensed or group day care homes will automatically transition to a Family Child Care Home (FCCH) program. This means:

    • FCCH licensees will not receive a new license at this time. New licenses will be issued at a facilities renewal beginning Oct. 1, 2024.  

    • FCCH licensees will be mailed documentation to post alongside their current license along with guidance of when one provider or two providers are required to be onsite.

    • FCCH Licensees may begin using updated capacity tables in KAR 28-4-114 on Aug. 2, 2024.  

    • It is the responsibility of the FCCH facility to have one or two providers present based on children present.  

    • Overcapacity will be cited if an FCCH facility is found in violation of the updated tables beginning Aug. 2, 2024.​ ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

  • KDHE will implement a phase-in period for some amended regulations, upon the effective date of August 2, 2024 all licensed child care centers and preschools will automatically transition to the updated ages of children and minimum staff child ratio as outlined in KAR 28-4-428.

    • An Amendment Application for a child care center or preschool must be submitted, approved, and an amended license issued before a facility may begin operating with a new maximum number of children served per unit.  1 Implementation Timeline All child care (home, center, preschool) facilities will be given a reasonable timeline to complete, update or transition to updated documentation: 

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Implementation Timeline
Complete by November 2024
Posting of diapering procedures in diaper-changing area provided by KDHE. 
K.A.R. 28-4-132. Child care practices
Diapering. This subsection shall apply if any child in care requires diapering.
  • Each applicant, each applicant with a temporary permit, each licensee, and each  individual caring for children shall follow the diapering procedures provided by the department.
  • A copy of the procedures shall be posted in each diaper-changing area.
  • Each area used for diaper changing shall meet the following requirements:
    • Be located in an area away from the food preparation area
    • Be located in an area that allows the individual who is changing a diaper to maintain supervision of the other children in care
    • Have a covered, hands-free trash container located within reach of the changing surface. 
Health and Safety Training – K.A.R. 28-4-114a 
If a provider, staff member, or volunteer’s role requires additional health and safety training not yet completed such as medication administration or safe sleep (not previously taken), facilities have until Nov. 1, 2024 to ensure this is completed and put on file.  All providers must complete the Health and Safety.

  • Recognizing the signs of child abuse or neglect

  • Basic child development

  • Safe sleep practices and sudden infant death syndrome

  • Recognizing when a child is ill and prevention and control of infectious diseases, including immunizations

  • Prevention of and response to emergencies due to food and allergic reactions

  • Building and premises safety

  • Emergency preparedness

  • Handling and storage of hazardous materials

  • Precautions when transporting children

  • Medication administration training

  • Pediatric First Aid and CPR

    • CPR must have a practical application and be from an organization, such as AHA or Red Cross.

​

Annual Training Requirements - 16 Hours Total

4 – KDHE Approved Health and Safety Courses – Can be found in the KCCTO Training Course Catalog

4 - Provider Choice (Online trainings, provider meetings/get togethers, child care meetings)

8 - KDHE Approved Training Hours

Complete by January 2025
Emergency Preparedness Plans – Updated by Jan. 1, 2025 and shared with parents or guardian. 
KAR-4-128 Emergency Procedures 

We need to expand the details for the emergency plans. 

Plans must be kept on file

Plans are reviewed and updated as needed yearly

EACH staff member practices the procedures for assisting children to move to a designated shelter-in-place and to a designated

off-premises relocation site.

Keep a written log with date and time of each and list of all participating staff members. 
You DO NOT have to take children with you for this. You just have to practice what/how you would do it, review with parents, and log it.

Safe Sleep Practices/Policy for all ages of enrolled children – Updated by Jan. 1, 2025 and shared with parents or guardians. 
KAR 28-4-116a Safe Sleep 

All providers are required to have a Safe Sleep certification, regardless of if they accept infants

All ages need to be included on the Safe Sleep policies and reviewed with parents before the first day of care

This should incorporate both infants safe sleep policy and also those over 12 months of age.

Infants

  • Cannot be swaddled

  • Cannot have any blankets

Change bedding (all ages)

  • Completely after 5 uses

  • When wet or soiled

  • If a different child is using the sleeping surface

If using video cameras on the licensed premises, written notification to parents or guardians by Jan. 1, 2025. 

KAR 28-4-123 Parental access to video cameras 

Doesn’t include doorbell or security cameras.

These are if using cameras in your daycare area.

  • Parents informed in writing

  • Staff informed

  • Cameras don’t replace supervision

  • Access made available to KDHE if needed

Hands-free trash container onsite if diapering. 
First aid kit and manual onsite.
K.A.R. 28-4-128. Safety and emergency procedures
Each applicant with a temporary permit and each licensee shall maintain first-aid supplies in a first-aid kit, carrying case, box, or other container. The first-aid supplies shall include the following:

  • First-aid manual

  • single-use gloves

  • adhesive bandages of assorted sizes

  • adhesive tape

  • a roll of sterile gauze

  • sharp scissors

  •  sterile gauze squares at least four inches by four inches in size

  • a cleansing agent or liquid soap

  • an elastic bandage

  • tweezers

  • bottle of water for washing and cleansing.

Complete by August 2025
Child’s Medical History, all licensed facilities will have until Aug. 1, 2025 to work with families to complete this updated form and put it on file. Facilities will update yearly. 

KAR 28-4-117

The health assessment needs to be obtained within 60 days of child’s initial enrollment (includes immunizations)

  • Child’s medical history form must be reviewed annually. The new forms have a spot for the renewal date. This must happen every 12 months.

  • Note: The only pages due on first day of care are medical history and emergency medical release. You have 60 days to obtain the rest.

Adult Health Status form, all licensed facilities will have until Aug. 1, 2025 to complete for staff or providers and put on file. Staff or providers will update yearly. 

KAR 28-126 Provider health forms 

  • Every provider, sub, volunteer must fill out a self-assessment yearly

  • TB tests still needed but don’t have to do again if already on file

Additional Regulation Updates

K.A.R. 28-4-132. Child care practices
(c) Prohibited punishment. Punishment that is humiliating, frightening, or physically harmful to any child shall be prohibited.  
2 - Each individual who cares for children shall be prohibited from giving any child any medications, herbal or folk remedies, or drugs to control or manage behavior, unless prescribed by a licensed physician, physician assistant, or advanced practice registered nurse. 
(e) Clothing, diapers, and bedding. Each applicant, each applicant with a temporary permit, and each licensee shall ensure that the following requirements are met for clothing, diapers, and bedding: 
2 - Each child under three years of age shall have at least two complete changes of clothing available. 
K.A.R. 28-4-113. Definitions
(e) Disinfect” means full surface application of a disinfectant solution of fragrance-free, environmental protection agency (EPA)-registered chlorine bleach mixed according to the directions on the label or an alternate fragrance-free, EPA-registered disinfectant used according to the directions on the label to any inanimate object. 
(w) “Tobacco product” means any product that is made or derived from tobacco, or that contains nicotine, that is intended for human absorption, inhalation, or ingestion, including by consuming or using a cigarette, cigar, pipe, chewing tobacco, snuff, snus, or vape device. 
K.A.R. 28-4-115. Facility
(c) General environmental requirements. Each facility shall have 25 square feet of available play space per child and shall be constructed, arranged, and maintained to provide for the health and safety of children in care. Each applicant, each applicant with a temporary permit, and each licensee shall ensure that the facility meets the following requirements: 
17 -has interior and exterior surfaces of the facility that are free from peeling, chipping, cracking, scaling, and loose paint. 
K.A.R. 28-4-116. Daily care of children
(d) Nutrition and food service. Each applicant with a temporary permit and each licensee shall develop and implement menu plans for meals and snacks that contain a variety of healthful foods, including fresh fruits, fresh vegetables, whole grains, lean meats, and low-fat dairy products. 
If prepared formula is used, the following requirements shall be met: 
If a child does not finish a bottle, the contents of the bottle shall be discarded within one hour from when the feeding from that bottle started. 
If breast milk is used, the following requirements shall be met:
All breast milk shall be labeled with the child’s name and the time and date expressed.
Unfrozen breast milk shall be stored in a refrigerator and shall be used within 96 hours from the time it was expressed.
Frozen breast milk shall be stored in a freezer and shall be used within six months from the time it was expressed and within 24 hours from the time it was thawed.
If a child does not finish the bottle of breast milk within two hours from when the feeding from that bottle started, the contents shall be discarded.
Accommodations shall be provided that enable the child’s parent to breastfeed their child. 
K.A.R. 28-4-128. Safety and emergency procedures
Each licensee shall ensure that each staff member and child participate in the following drills: 
A fire drill shall be conducted monthly. A record of the date and time of each fire drill and a record of each evacuation time shall be kept on file on the premises for one year.
A tornado drill shall be conducted monthly. A record of the date and time of each tornado drill and a record of each evacuation time shall be kept on file on the premises for one year. 
Updated Forms 
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