Daycare Deals

Notice of Hearing--New Proposed Regulations

Wednesday, March 9, 2011

They have finally posted the date for the hearing on the new regulation changes:

The Kansas Department of Health and Environment,
Division of Health, Bureau of Child Care and Health Facilities,
will conduct a public hearing at 1 p.m. Tuesday,
May 17, in the Memorial Hall Auditorium, 120 S.W. 10th
Ave., second floor, Topeka, to consider the revocation of
family day care home regulations

Please try to attend the hearing if possible.  If you cannot attend the hearing, you can email (dtenney@kdheks.gov) or write a letter with your thoughts on these regulations. They are not finalized yet--providers have a chance to be heard at the hearing. If you would like something changed though, make sure to say how you would like it changed. The panel must take every comment into consideration, so let your voices be heard!

Information on comments:
The time period between publication of this notice and
the scheduled hearing serves as the required public comment
period of at least 60 days for the purpose of receiving
written public comments on the proposed amended
regulations. At any time during the public comment period
any interested parties may submit written comments
to Dorothy Tenney, KDHE, Child Care Licensing and
Registration Program, 1000 S.W. Jackson, Suite 200, Topeka,
66612-1274, by fax at (785) 296-0803, or by e-mail todtenney@kdheks.gov. During the hearing, all interested
parties will be given a reasonable opportunity to present
their views orally on the proposed new regulations as
well as an opportunity to submit their written comments.
In order to give each individual an opportunity to present
their views, it may be necessary for the hearing officer to
request that each presenter limit any oral presentation to
an appropriate time frame.



For now, this is the summary that is listed on the Kansas Register. (I like the more detailed PDF):

Summary of Regulations:
K.A.R. 28-4-93. Online information dissemination
system. Provides definitions of terms used throughout
the regulation; requires applicant or licensee to notify the
department if requesting that facility address and telephone
number be withheld from publication.
K.A.R. 28-4-113. Definitions. Provides definitions of
terms used throughout the day care and group day care
home regulations.
K.A.R. 28-4-114. Applicant; licensee. Describes application
process for license and applicant and licensee
requirements; addresses operation of more than one facility
and prohibits licensure concurrently for more than
one type of child care or child and adult care on same
premises; lists license capacity, counting a child not functioning
at developmental level, capacity not to be exceeded,
provision for emergency care, and additional
children on premises; requires appointment of substitute
for primary care provider; requires posting of temporary
permit or license and availability of current regulations;
addresses closure.
K.A.R. 28-4-114a. Initial and ongoing professional development.
Requires orientation for applicant and anyone
caring for children; describes health and safety training;
requires first aid and CPR; lists initial and annual
professional development requirements; requires documentation.
K.A.R. 28-4-115. Facility. Describes water and sewerage
systems requirements and drinking water for infants;
addresses general environmental requirements, fire
safety approval, fire inspector approval for use of basement
or second floor, and prohibits use of third floor;
requires refrigerator and storage of refrigerated medications
in locked box; addresses storage of hazardous items
and storage of guns and other weapons; requires designated
outdoor play area.
K.A.R. 28-4-115a. Supervision. Requires and describes
contents of a supervision plan; describes requirements for
general supervision of children, indoor and outdoor supervision,
and evening and overnight care.
K.A.R. 28-4-116. Daily care of children. Requires communication
with parents; addresses requirements for
daily schedule of activities; assisting child with personal
care, hand washing; prohibits smoking; lists requirements
for nutrition and food service; requires recordkeeping.
K.A.R. 28-4-116a. Napping and sleeping. Requires rest
period for each child; describes elements of safe sleep
practices, lists requirements for sleeping surfaces and
consumer warnings or recalls; addresses transition from
crib or playpen to other surface.
K.A.R. 28-4-120. Family day care home certificate of
registration. Revoked effective July 1, 2011.
K.A.R. 28-4-121. Required immunizations for children
under 16 years of age. Revoked effective July 1, 2011.
K.A.R. 28-4-428a. Education and training requirements.
Requires orientation for applicant and staff; describes
health and safety training, requires first aid and
CPR; lists education and annual in-service training
requirements; requires documentation.
K.A.R. 28-4-440. Infant and toddler programs. States
program requirements, including use of ground floor
only, separate units from those for older children; prohibits
floor furnaces; for infants, requires separate sleeping
area and crib or playpen for each infant; lists requirements
for cribs and playpens and consumer warnings or
recalls; lists elements of safe sleep policies and practices;
requires attendance to children when awake; requires
adult-size rocking chair for each unit and chairs, tables,
etc., for children not held for feeding; requires provision
of towels and washcloths or disposable products; addresses
cleaning of items that children may place in their
mouths; lists staff requirements; addresses program
requirements; lists food service requirements; lists
requirements for toileting; requires daily communication
with parents and guardians.

Economic Impact:

Cost to the agency: There is no additional cost to the
agency. Any costs will be absorbed in the current budget.
Cost to licensees: There is no cost for licensees pertaining
to the online information dissemination system.
For the professional development and training requirements
(K.A.R. 28-4-114a and K.A.R. 28-4-428a) a number
of current licensees and care providers, as part of their
own professional development, already meet these
requirements. For those who do not meet the requirements,
there are low-cost training opportunities through
resource and referral agencies, county health departments,
and other community partners. The proposed new
regulations allow current licensees and staff up to one
calendar year to complete the requirements.
K.A.R. 28-4-116a and K.A.R. 28-4-440 prohibit the use
of drop-side cribs in child care facilities after December
28, 2012. This prohibition is due to a recent change in
federal standards for the manufacture and sale of cribs,
which include a requirement that child care facilities
phase out the use of drop-side cribs by that date. The
purpose of the delayed compliance date is to provide adequate
time for the manufacture of complying cribs and
for facilities to obtain complying cribs. In Kansas, licensed
day care homes, group day care homes, and child care
centers with infants enrolled may use either cribs or playpens
for napping or sleeping infants. It is unknown how
many facilities currently have cribs that must be replaced
by December 28, 2012. For those facilities replacing noncompliant
cribs, the estimated cost per crib is $200-$500.
Child care facilities will continue to have the option to
use the less expensive playpens.
Costs to other governmental agencies or units: There is
no known additional cost.

As always, this is the information I have. If you have questions/comments, let me know. I'll do my best to respond.

Labels: Lexie's Law, Providers