KDHE updated regs and Twitter discussion

Thursday, February 9, 2012

First of all, KDHE updated the regulations. You can find them here on KDHE's site if you haven't already seen them.

Were you aware that KDHE hosted a Twitter discussion about the new regs last Friday? I wasn't. I don't do Twitter, but it is easy to access the information with just a Google search. I found the questions and answers from the other day, and I have provided the information for you below. Since they do a lot of referring to the regs, I'll include an explanation and wording from the regulations if I feel that it is needed. My explanation will be in [].

Question: As per KAR28-4-115a(1); if our restrooms are grandfathered in another area, can the children of this age walk unsupervised?

Answer: Note req of children under 2.5 yrs. Provider remains within site/proxy. If you can't insure A-C are met.

[KAR 28-4-115a (1): This regulation is in regards to the supervision plan. The provider wants to know if children 2.5 and older can go to restroom in another area without the provider, but they answered for children under 2.5. (The requirements for ages 2.5 and older are listed further down.) This is what the regs say for 2.5 and under:
(A) The provider has first ensured the safety of each child.
(B)  The provider is able to respond immediately to any child in distress.  
(C)  The provider remains within hearing distance of each child.]

Question: I never received the letter informing providers about the change. I opened in October. I am a licensed group home daycare

Answer: You can find that on the front of the childcare sitehttp://www.kdheks.gov/bcclr/index.html

Question:  have a child who turned 5 in Dec, is it right to say that now he can be counted as a school aged child now?

Answer: That is correct 

Question: are sofas no longer an approved sleep space?

Answer: You're correct. Approved sleep surfaces are listed in the regulation. Sofa is not included

Question:  please explain the new napping regulations for children over 12m? Do they really have to move out of crib/playpen at 12 m?

Answer: Great question. They can be transitioned out at 12m. If the child not ready see 116a(e)

[From the regs: Transition from crib or playpen.  The determination of when a child who is 12 months of age or older is ready to transition from a crib or a playpen to another napping or sleeping surface shall be made by the parent or guardian of the child and by either the applicant with a temporary permit or the licensee. ]

Question: the wording shall nap makes it sound like they have to

Answer: They do unless reg allows alt like sub section (e)

[From the regs: Rest period.  Each child shall have a daily, supervised rest period as needed.  Each child who does not nap or sleep shall be given the opportunity for quiet play.]

Question: How long do we have to have changes in effect in existing daycare?

Answer: See plan on childcare site. Existing have until May. Training (114a) reqs don't have to be met till 2.3.2013

[According to this page, the regulations should be fully implemented by May, with the exception of the training requirements. We have until 2-3-2013 to get all of the training requirements, as long as we were licensed before the new regs took effect. Click here for implementation plan.]

Question: been licensed since 1989 labette county ks. how do the new regulations affect me

Answer: See the letter onhttp://www.kdheks.gov/bcclr/index.html to lic providers. More questions? Email LexiesLawQuestion@kdheks.gov

Question: do children in a center setting still need to have a cot or an area rug work. Must they be two feet apart?

Answer: Yep that is unchanged. See 28-4-440. They still have to be 2 feet apart

Question: is there a reg that applies to alcoholic beverages being unaccessible?

Answer: Alcohol has a warning label and must be kept out of reach/inaccessible or in locked storage

Question: [They didn’t show the question for this one, but I believe it asks about the training requirements.]

Answer: No, training as req under 28-4-114a must be KDHE approved and does not include reports on books/videos 

Question: its says that no crib purchased before 6/28/11 can be used in the facility. Does this include pack n plays?

Answer: No. The reg resulted from federal req/crib recall. Read New Federal Standards for Cribs on childcare site 

[Federal crib standards: click here]

Question: [no question shown. Must have asked about training for substitutes.]

Answer: See 28-4-113(c) for info on sub training req

Question: over 2.5 years; as long as A-C are met it's okay?

Answer: We responded for under 2.5. For over 2.5 within sight is not req if conditions are met. See 28-4-115a (c)(2)

[KAR 28-4-115a (1): This regulation is in regards to the supervision plan. I think the provider wants to know if children 2.5 and older can go to restroom in another area without the provider. This is what the regs say for 2.5 and older:
 (A) The provider determines, based on observations of the child’s behavior 
and information from the parent or legal guardian, that the child can go 
unattended to another room within the facility.
(B)  The door to each room remains open.
(C)  The provider remains within hearing distance of the child.  
(D)  The provider visually checks on the child and responds as necessary to 
meet the needs of the child. ]

Question: can childen sleep on mats on tile floor? two feet apart?

Answer: In home daycare a rug must be under a mat if under a tile floor. See 28-4-116a (b)(4) and (c)

Question: I'm a parent of a child in in-home daycare. Where is the document that I need to read?

Answer: New regs herehttp://www.kdheks.gov/bcclr/lexies_comments.htm. The full book of regs is on left side of childcare site. Look 4 CCLR Regulations

Question: mentioned this idea to our surveyor - the state putting videos on youtube for us to watch that would explain & we could view anytime

Answer: good idea! We will look into it

Question: if a child turns 5 the school year before he is to go to school does be move up to school age

Answer: Yep! Count it as school age on the childs 5th bday

Question: Do you have to have a subsitute? If so is the new regulations for required training for after 3hrs of care only?

Answer: 28-4-113 (s) addresses what training subs need. Look at defs for extended & temp absenses to answer the 3HRs question.

Question: [same person asking about alcohol] i agree but per regs what is it considered? - a household cleaning supply, bodily care product, dangerous chemical or household supply

Answer: See 18-4-115 (g)(2). Dangerous chemical with a warning label.

Question: 28-4-115A so if they are 2.5 and over as long as A-C are met they can use the facilities. correct?

Answer: detailed question that can’t be answered in 140 characters. Email LexiesLawQuestion@kdheks.gov & will get back to you.

[This email address does not work. Do not try to use it. I tried and failed twice. :(]

Question: new regs emailed seem to be geared more towards in home centers as school centers have different expectations

Answer: At this time more changes were made to the home regs than centers.

Question: Are kids who turn 5 considered school age on their 5th birthday now or is it still as of June 1st or their b-day which ever is later?

Answer: Yes school age on their 5th bday.

Question: What is A-C?

Answer: Subsections (A) through (C) found under 28-4-115a (c)(1)

[From the regs: (1) For each child who is under 2 1/2 years of age and who is awake, the provider shall be within sight of and in proximity to the child, watching and overseeing the 
activities of the child.  When the provider is attending to personal hygiene needs 
or engaging in other child care duties and is temporarily unable to remain within 
sight of the child, the provider shall meet all of the following conditions:  
(A) The provider has first ensured the safety of each child.
(B)  The provider is able to respond immediately to any child in distress.  
(C)  The provider remains within hearing distance of each child.]

Question: 28-4-115a(A-D);we have a lot of children ADD&; During their moments, if we engage it's worse.if they are safe ok to continue routine?

Answer: detailed question that can’t be answered in 140 characters. Email LexiesLawQuestion@kdheks.gov; will get back to you.

Question: are we to assume new emailed regs 28-4-93 thru 28-4-440 are not pertinent to childcare centers but only to in home?

Answer: 93 applies to both. 113-116a apply to lic/group daycare homes ONLY.428a and 440 apply to centers/preschools ONLY.

Question: [No question shown. Must have asked if grass was okay for under play equipment.]

Answer: Maintained grass does NOT meet the surfacing material reqs. See 115(i), esp (5) A through D.

[From the regs: (5)  All surfaces under and around climbing equipment and swings shall meet the 
following requirements:
(A)  Impact-absorbent surfacing material shall be installed in each use zone 
under and around anchored equipment over four feet in height, including 
climbing equipment, slides, and swings.  
(B)  Impact-absorbent surfacing material shall consist of material intended for 
playground use, including shredded bark mulch, wood chips, fine sand, fine gravel, shredded rubber, unitary surfacing material, or synthetic 
impact material.  
(C)  Hard-surfacing materials, including asphalt, concrete, and hard-packed 
dirt, shall not be used in any use zone.  This requirement shall apply 
regardless of the height of the climbing equipment, slides, and swings.
(D)  Surfaces made of loose material shall be maintained by replacing, 
leveling, or raking the material.]

Question: Why can't there be one PDF for online handbook? Only one search that way instead of 7.

Answer: This is one PDF for each reg book. Regs for different lic programs can not be combined.

Question: Why will everyone who has a background check from my DC be listed on-line dissemination system?

Answer: No names of residents or staff will be listed. Only facility address/telephone# will be displayed if owner wants.

Question: Why have twitter session now when many parents and providers are working and cannot participate?

Answer: This has been popular so there is a high chance we'll do this again. Great suggestion. 

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  1. Thanks for posting Katie :)
    Dayna Brown

  2. Anonymous says:

    Thank you so much for posting!!

  3. Theresa says:

    Thank you for posting!

  4. Anonymous says:

    This is so nice thanks so much for posting.

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