New Information on Lexie's Law

Monday, May 17, 2010

See my first post on this topic here.

I received some comments about this bill, so I wanted to pass along the information that I have received after contacting Brenda Landwehr and KDHE in Topeka. I'll list it in the question form.

Comment #1: Why would they have two types of homes and cap Family Daycare homes at 6?

--All Registered homes will now converted to Licensed homes. However, current Registered homes will only be allowed to have 6 children as their maximum until the provider receives a temporary or permanent license.

Comment #4: Do we have to be in the same room with the kids all the time?

--No, this law creates regulations that providers need to be within seeing OR hearing distance of their daycare children. Sleeping children will need to be checked on periodically (not every 15 minutes).

Comment #8: KDHE will start July 1st.

--If this bill is signed into law, inspections will begin July 1, 2010. The county/KDHE will have until June 30, 2011 to get all current Registered homes converted to licensed homes. Landwehr said that it is up to the local counties/KDHE to inspect the homes and decide the order. *I am still waiting for Nancy Jensen to contact me about if providers of Registered homes would be able to call and request to be first inspected so that they can start taking on more kids.

Comment #9: Will providers be notified of what is happening due to this law? Will Registered providers be able to know when they are being inspected?

--After contacting KDHE, I was told that they are working on putting information together for the Health departments and providers. They also kept telling me that this bill has not yet been signed into law. *I do not know if registered providers will know when the inspection is happening. I'll let you know if Nancy Jensen can answer that question for me.

Other information:

  • Lexie's Law will bring about additional training over Sudden Infant Death Syndrome (SIDS) as mandated by the Rules and Regulations committee.
  • Areas with few surveyors/inspectors might have to put converting Registered homes above inspecting current Licensed homes. This means that current licensed homes might have to wait around 15 months for their inspections.
Again, please let me know if you have comments/questions/concerns. See my first post about the changes here.

Labels: ,


  1. I plan to do part 3 of this as soon as I get information from Nancy Jensen. I'll discuss checklists, licensing classes/activities, county contacts and other information. Please let me know in the comments or email if you have something you would like discussed.

  2. Anonymous says:

    I am a registered childcare provider & I received my renewal packet in the mail about 3 weeks ago. I've been holding off on completing it because I knew Lexi's law would be making some changes. Would it be easier to pick up a licensed packet & complete it? I hate to have to do double the work by completing the registered renewal just to have to complete another one after July.

  3. TLM CHILDCARE says:

    I just found out from my Resource and Referral agency, that the FIRST inspection of a Registered home converting to Licensed will be announced, just as it is when you Start providing childcare.

  4. Anonymous,

    This is a hard question because everything is at such a standstill until the Governor actually signs the bill into legistlature. I called the City of Wichita's child care licensure department was told that you would have to call and ask them when/if the bill gets signed. I'm sorry that this doesn't seem like a good answer, but KDHE and the local contacts don't have any more information than we do at this point.

    Now here is what I would do in your position: If my renewal was coming up, I would go ahead and fill out the licensed packet. I would do this because I think that all homes in Kansas will eventually be inspected and licensed regardless of if this bill gets signed. I think enough people are pushing for this, so it's really just a matter of time.

    If something holds up this bill, then you can still keep your numbers at 6 if you like. As to the other differences between licesed and registered,inspections aren't bad--but they are long. Also, the training requirement of 15 hours is not hard to meet in 1 year. Childstart has videos available to watch and classes to take. *If you did go the route of becoming licensed without this bill, you can use your CPR/First Aid class (if in the year you were renewing) for some of your hours (Mine got me 8 hours of training requirements).

    Does this help answer your question?

  5. TLM Childcare,

    Who is your referral and resource agency? I would like to contact them.

  6. Anonymous says:

    My only problem with the inspections is that I hear they go through your personal drawers in your bedroom. That will irritate me if they do stuff like that.

  7. Comment #6,

    I know that my inspector did not go through my personal belongings nor did she open up my closets (other than my linen in the hallway) or rifle through my personal belongings. In fact, she pretty much just glanced at my bedroom. However, every inspector is different. I know that mine told me they start looking in closets if get a report about providers with too many kids. We do have to open our houses to inspectors, but I have not had a bad experinence with inspections.

  8. Anonymous says:

    My inspector goes through anything that the children can have access if they aren't allowed in your bedroom, and you lock the door or put a door handle cover on it, then they don't go there other than to maybe glance in to make sure you aren't hiding kids or animals they don't know about. Otherwise she did go through every UNLOCKED drawer and cabinet, some more than others...such as diaper drawers or places that the children can easily reach or open. If you don't want her in some place..then make it off limits to the kids as well.

  9. Comment #8,

    Thank you for this information. Every provider needs to make sure that she has areas locked/blocked off that would not meet requirements. Again, it really depends on the inspector. My inspector did not go through every unlocked drawer or cabinet. With these changes, all of us might need to evaluate our homes again to make sure that all areas are childproofed. I expect inspectors to be harder with these new changes.

  10. Anonymous says:

    I'm not sure that they will be harder with these changes. My fear is that since they have so many new homes to inspect, they won't inspect like they should just so they can get everyone done.

  11. Comment #10,

    I have had that same thought too. They might be so overwhelmed that they don't do the inspections well or I fear that they'll be so stressed that they'll take it out on us (likely not intentionally) with really strict inspections.

  12. Anonymous says:

    I would like to know more about what the other person was talking about with the AFSCME Day Care Union. Will we have to join the Union if we care for SRS children? Since SRS gave this union $1.5 Million for traning day care providers.

  13. Anonymous #12,

    I am curious too about the SRS and the Union. I was also told the other day that the Union might be able to access our information once the online database is up and running. This worries me. I will have to do some research because I have not been able to find out much about the Union and SRS. I'll let you know if I figure it out.

  14. Anonymous #12,

    I just talked to my local SRS office last week. The woman told me that I did not have to be part of the Union to be contracted with SRS. She said that was between the Union and me if I wanted to be part of it.

  15. Anonymous says:

    Have you found any information out yet about CCPT/AFSCME Union yet? I feel that you would be the best resource. The state of Michigan is suing AFSCME day care union for forcing providers to pay union dues. Look on KDHE's website for the union's agreement with SRS and KDHE.

Post a Comment