KDHE will not be sending the new regulations out to providers. Providers and anyone working in your daycare will need to be able to provide a paper copy or be able to pull up the regulations online. Find the regulations to print here. I've also provided links on almost every heading that will take you to the new regulations.

  • ·      Should go live within the next week --This is live now.
  • ·      Anyone/anywhere can search for your daycare. Currently, the default listing is only name and license number.  If a provider chooses to,  she/he could request that an address and phone number is listed. *I will not be listing my phone number or address because anyone could look up this information.
  • ·      All licensed providers/centers will be listed in the system. You cannot opt out of having your name and license number listed.
  • ·      The information in the system will be from the last 3 years.
  • ·      Complaints—even if no violations were found—will be listed.
  • ·      New complaints will not be listed until the complaint is closed.
  • ·      The training requirements will not have to be met until 2-3-13, but your NOSF will show that your surveyor consulted you about needing to complete the required trainings. This consultation will be listed in the online system.

  • ·      If a currently licensed provider moves to another county or changes his/her program type, he/she needs to have a new orientation that is KDHE approved.
  • ·      All providers are required to provide orientation pertaining to his/her own home. Areas to go over should be: supervision plan, safe sleep policy, health & safety practices, confidentiality, and anything else that the provider deems necessary. (Documentation showing that an orientation was given should be kept in the substitute/employee’s file. Must be in compliance with this by May 2012.
  • ·      Some counties provided orientations for registered providers separate from licensed providers. If your county did this and you were formally registered, you will need to attend a licensed orientation. *SG county combined registered and licensed, so anyone in SG county should be fine.
  • ·      Providers should be able to provide the month/day/year of their orientation. *They said that providers who have been doing care for many, many years shouldn’t have to attend another orientation unless they switch types or move counties.

  • ·      Providers who are currently licensed have until 2-3-13 to meet the new training requirements. The required trainings include: First Aid/CPR, signs of abuse and neglect, Safe Sleep, Basic Child Development.
  • ·      If your county formerly offered a signs and systems of abuse class, the class will need to be retaken if the class did not cover head trauma. *SG county classes that were previously offered do not count and will need to be taken again.
  • ·      SIDS/Safe Sleep classes must be KDHE approved. If you took SIDS/Safe Sleep at one of the trainings days that KDHE provided in 2010, the class will count for the SIDS/Safe Sleep requirement. *I attended a Safe Sleep class at the SG County health department. That class would count for me.
  • ·      Pediatric/First Aid and Infant/Child CPR class certifications must be kept current. *The card for pediatric first aid may night say that it covered pediatric first aid, but that is ok as long as you can tell your surveyor that it was covered. The CPR card must say Infant/Child on it.
  • ·      Resources for KDHE approved classes: KSCL online, Child Care Aware, Child Start, your local referral/resource agency
  • ·      Each year, the annual 5 hours must be KDHE approved. The classes provided by the food program do count for annual hours.

What if I switch to group or add a new substitute?
  • ·      If switching license types or adding a new substitute/employee, the new person will not have until 2-3-12 to meet the training requirements. All new substitutes will have only 30 days to meet the training requirements.


  • ·      All cribs used in a daycare must have a sticker dated after 6-28-11.

  • ·      Unused formula/breastmilk in a bottle that an infant did not finish cannot be stored in a refrigerator. It must be discarded.
  • ·      Formula/Breast milk cannot be heated in a microwave
  • ·      Must be in compliance with this by May 2012.

KDHE REQUESTS
  • ·      They get phone calls from upset parents asking if it is okay that a provider won’t take non-potty trained children or won’t take children under 2, etc. If you have personal policies, KDHE says to put them in your handbook/policies. *KDHE cannot mandate what we charge or if we choose not to take non-potty trained children. They just have parents who call to complain.
  •  Bagging up soiled clothing (potty-training accident, etc) is something KDHE supports because the provider is following the regulations. [Parents apparently call about this a lot.] *This section doesn't really concern the new regulations, but KDHE spoke about this.

  • WATER
  • ·      It seems like common sense, but all children should be given water if they request it. They should not be told that it isn’t time for water/drink time yet.
  • ·      Must be in compliance with this by May 2012.

(Providers do not have to have a substitute listed if they chose to close instead of have a sub come in for them.)
  • ·      In a temporary absence (must be less than 3 hours per day), a substitute must meet these three requirements:

o   First Aid/CPR certifications remain current
o   Safe Sleep/SIDS class
o   Orientation provided by the home provider
  • ·      In an extended absence (more than 3 hours per day), a substitute must have the same new trainings as the provider:

o   First Aid/CPR certifications remain current
o   Safe Sleep/SIDS class
o   Orientation provided by the home provider
o   Child Abuse/Neglect and Head Trauma
o   Basic Child Development

  • ·      Play areas now have to meet “use zone” requirements. If you pull your swing it either direction, you should have 1 in of clear space for every foot that the swing is extended in front or behind the swing. The space in front of the slide must be clear as well. (I think this is the way to explain it. My surveyor just went out to the playset and held the swing back to make sure enough space was met.)  *KDHE cannot regulate the depth of the approved surface under the play area. They can cite a violation if any bare spots are showing.
  • ·      Manicured grass is not allowed under anchored play equipment. Approved surfaces are listed in the regulations. Sand is included as an approved surface. Landscaping mulch is not.
  • ·      If you have moveable play equipment, ie Little Tykes toys, they do not have to be on top of approved ground cover. They should be on the grass or a mat should be under them to protect the children.
  • ·      Trampolines must remain inaccessible to children in care but do not have to be in a separate fenced area. They should be as far removed from the play area as possible. Steps must be removed, enclosure zipped, and all children (even the provider’s are not allowed on the trampoline during daycare hours).
  • ·      Must be in compliance with this by May 2012.
  • ·      As of March 1, 2012, all new licensees must have an outdoor play area. 

  • ·      They expanded the guns/weapons information. Even items such as bb guns, air guns, fishing knives should be locked away.
  • ·      Guns and ammunition must be locked in separate containers. Even if they are in the same gun safe, the ammunition must be in a separate locked box.
  • ·      Must be in compliance with this by May 2012.

  • ·      No blanks should be on the forms. Write no or N/A if needed.

  • ·      Accordion gates are absolutely not allowed in daycare at all anymore. EVER.
  • ·      At the top of the stairs, the baby gate needs to be one which is mounted on one side of the wall.
  • ·      At the bottom of stairs, a pressure gate may be used, but not an accordion.
  • ·      Must be in compliance with this by May 2012 

  • ·      Written, posted, and documented that the provider shared the supervision plan with parents. Plans would likely go something like “Our main play area is… This is how I supervise them in this area…” or “Our kitchen is here…This is how I supervise…”
  • ·      I would recommend running your supervision plan by your surveyor before reviewing it and posting it.
  • ·      Must be in compliance with this by May 2012 

  • ·      If the weather does not permit outside play, 1 hour of physical activity must still be met. This can include dancing, jumping, etc.
  • ·      If a child isn’t a napper, he/she must be given a quiet activity during nap time.
  • ·      If showing a movie/tv show(G rated), children cannot be forced to watch it. If they do not watch, they need to be given an alternate activity.
  • ·      Must be in compliance with this by May 2012. 

  • ·      A blanket (even a lightweight one) is not advised for infants under 12months. Swaddling is not allowed unless a doctor’s note is given and the provider gets an exception. *The regs state that a lightweight blanket could be used, but KDHE is saying no blankets. The regulation does say that sleepers or sleep sacks are okay.
  • ·      Must be in compliance with this by May 2012.

  • ·      Children/Staff should wash their hands after handling pets. The regulations go into further detail about handwashing.
  • ·      Must be in compliance with this by May 2012
  •     Milk for ages 2 and older must be 1% or fat free unless a doctor's note says otherwise. *Our presenter kept saying 1%, but it can be 1% or lesser fat, ie skim milk.

NOTES TO REMEMBER:
  • ·      All new regulations except for the training requirements must be met by May 2012.
  • ·      The training requirements must be met by 2-3-13.
  • ·      All complaints, NOSF forms, and any consultations (including those made about not yet meeting the training requirements) will be listed in the online system for anyone to see. *Example: I renew in October. If I haven’t met all the training requirements (even though I have until 2-3-13) before my annual survey, a consultation is written on my NOSF. Potential parents will be able to see that. Hopefully they will understand that a consultation is not a bad thing in this situation.
  • ·      Blankets are not to be used with infants.
  • ·      Play areas must have approved ground cover.
  • ·      Accordion gates are never to be used in daycare.


These are the clarifications that we received today from KDHE. If you have questions specific to your situation, you should email your surveyor. This information does not go into all of the new regulations, but it touches on most of them. Please refer to the regulations and email KDHE if you need specifics. If your county/area provided a training that goes more into detail or covered a different regulation more in depth, please email me at daycaredeals@gmail.com or leave a comment. I would love to share more information if possible. This is what I was told.


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These are some classes being offered that can help meet the training requirements we need to be in compliance with the new regulations. We need signs & symptoms of abuse, Safe Sleep/SIDS, a basic child development class (I cannot say if any of these classes meet the basic child development requirement), and to keep our CPR/first aid certifications current. I like that I know when these classes are in March and April because I want to wait until our Sedgwick County surveyors are trained in March before taking any classes; this way I can take them with my substitute if my sub will need to meet the requirements. To sign up, call 641-1485 or email angela.bitker@yahoo.com. All of these classes are KDHE approved.

February
21st, 7pm-10pm, $34, Adult, Child and Infant CPR/AED
23rd, 7pm-9pm, $10, Basic Training Health and Safety
28th, 7pm-9pm, $10, Child Abuse and Neglect Signs and Symptoms of Childhood Illness

March
6th, 7pm-9pm, $10, Fearful, Flexible and Feisty Temperaments
7th, 7pm-9pm, $10, Basic Training Chiold Development and Discipline Techniques
12th, 7pm-10pm, $34, Adult, Child and Infant CPR/AED
26th, 7pm-9pm, $10, Child Abuse and Neglect Signs and Symptoms of Childhood Illness
27th, 7pm-9pm, $10, Play: The Good Four Letter Word

April
3rd, 7pm-9pm, $10, Fearful, Flexible and Feisty Temperaments
9th, 7pm-9pm, $10, Pediatric First Aid Introduction and Refresher
11th, 7pm-10pm, $34, Adult, Child and Infant CPR/AED
16th, 7pm-9pm, $10, Reducing the Risk of SIDS
17th, 7pm-9pm, $10, Child Abuse and Neglect Signs and Symptoms of Childhood Illness



 Call 641-1485 or email angela.bitker@yahoo.com to sign up for these classes.


(Disclosure: I am in no way associated with the teacher of these classes. I just wanted to pass information along about these classes.)

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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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I just came across this article for those of us who were unable to attend the May 17th hearing on the proposed regulations. I liked it because the article states some of the concerns that providers had about the proposed regulations. You can also download and listen to the hearing.

Some highlights I found from the live tweets were:

1:48 PM @KansasWatchdog: Insurance counselor at KDHE hearing says proposed regulations have good intentions but overly burden child care providers


2:22 PM @KansasWatchdog: Provider says touching a child every 15 minutes when napping is not common sense.


2:34 PM @KansasWatchdog: Child care provider at KDHE hearing concerned that new regulations will result in less diversity in services; wonders about KDHE’s purpose.


2:54 PM @KansasWatchdog: Child care provider says new touching regulation while sleeping would provide false sense of security to parents about SIDS issue.


Find the article here.

Source: Earl F Glynn. Concerns about new child care regulations at KDHE hearing. http://kansas.watchdog.org/6857/concerns-about-new-child-care-regulations-at-kdhe-hearing/

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According to KDHE's website, some of the forms were updated as of 8/2011. I get my renewal packet in the mail in July, so the new form was a surprise to me. I figured that some of you might not be aware of the change either. The only difference I could find was with the health assessment form that the doctor/nurse fills out. It has changed a lot. Find the new form here.

What this means for providers:

According to my local office, this new form is to be used for all new children in care. However, it was suggested that the new form be sent with parents if they are taking their child/children to the doctor. Also, if you do a yearly update of records to make sure that all contact information/shot records, etc. are correct, then you should update to the new health assessment form.

As far as I am aware, the KDHE surveyors will not require current children to have the updated health assessment. If you have questions on this, please let me know.

Also, as it is almost January, the new regulations are supposed to be start being enacted at the beginning of 2012. See my post about that here.

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Update: Find an article that details parts of the hearing if you are interested. 

I attended a meeting for home daycare providers a couple weeks ago at my local health department. I went to get information about the proposed regulations. So, this is what I was told:


KDHE is pushing the regulations back to the beginning of the year. It will likely be January 2012 (hopefully not later) before we know exactly what the new regulations will be. 

Other news:
The SG County surveyors were all supposed to be issued tablets, printers, and cameras at the end of Sept. The survey findings will be sent electronically to KDHE right away. With these tablets, some surveys are taking around 3 hours because the tablets keep having issues. Hopefully, the bugs will get worked out of this new system. Update: My surveyor said that they should be using the new tablets starting in January.

For a refresher on the proposed regulations, click here and look for the summary. They've taken down the information from KDHE's website about the actual wording of the regulations.

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I received this information in an email from my local office. This information concerns parents and caregivers of premature infants.

KDHE has been notified by the FDA to advise parents, caregivers and health care providers not to feed SimplyThick, a thickening product, to premature infants.

This product may be associated with necrotizing enterocolitis (NEC), a life-threatening condition.

Since May 13, 2011 FDA has been notified of 15 cases of NEC, including two deaths, involving premature infants who were given SimplyThick for varying amounts of time. The product was mixed with mothers’ breast milk or infant formula products. In Kansas, two cases of NEC have been reported in premature infants that were given this product.

NEC most often occurs in premature infants while still hospitalized. The current situation is unusual because some of the infants had been discharged from the hospital on a feeding regimen that included SimplyThick and then developed symptoms of NEC while at home.

NEC is a life-threatening condition characterized by inflammation and death of intestinal tiss ue. Signs and symptoms of NEC include appearance of a bloated abdominal area, feeding intolerance, greenish-tinged (bile) vomiting and bloody stools.

SimplyThick is one brand of thickening agent available to medical centers and consumers. The product is sold in packets of individual servings and in 64-ounce dispenser bottles. The product can be purchased from distributors and local pharmacies throughout the United States. Images of the SimplyThick label and packaging can be viewed at: www.flickr.com/photos/fdaphotos/sets/72157626641899297/.

Health care professionals and patients are encouraged to report adverse events or side effects related to the use of this product to the FDA's MedWatch Safety Information and Adverse Event Reporting Program by:
• Completing and submitting the adverse report online: www.fda.gov/MedWatch/report.htm
• Downloading the pre-addressed, postage-paid FDA Form 35003 at: www.fda.gov/Safety/MedWatch/HowToReport/DownloadForms /default.htm (or calling 1-800-332-1088 to request the form), completing it and faxing it to 1-800-FDA-0178; or Mailing the completed form to MedWatch 5600 Fishers Lane, Rockville, MD 20857.

For additional information on this investigation please call the FDA at 888-INFO-FDA or the KDHE Epidemiology Hotline at 877-427-7317.

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