The Kentucky Cabinet for Health and Family Services Proposed Child Care Regulations are listed below.  

Amended Regulation: 922 KAR 2:100, Certification of Family Child Care Homes
Kentucky's Current Law	Regulation Change
Currently not in regulation.	Post Staff to Child Ratios.
Currently not in regulation.	Post Planned Program of Activities.
Currently not in regulation.	Post Daily Schedule.
Currently not in regulation.	One Annual Family Activity.
Currently not in regulation.	Written for training hours.
Currently not in regulation.	Require provider/parent agreement on who can pick up the child in writing.
Currently not in regulation.	Secure Zoning Permissions.
Currently assistants must be sixteen years old.	Increases the age requirements for assistants to eighteen years old.
Six (6) clock hours of training annually.	Additional three (3) hours of training annually for a total of 9 hours.
Currently assistants must have six hours of training prior to being left with children. CPR and First Aid currently not in regulation for assistants.	Change to nine hours needed prior to being left with children. Increases in the training requirements for assistants to include CPR and First Aid.
Requires $50,000.00 per occurrence per child.	Reduction of the requirement for liability insurance to $50,000.00 per occurrence.
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Amended Regulation: 922 KAR 2:110, Chid Care Facility Provider Requirements
Kentucky's Current Law	Regulation Change
No education requirements.	Have a high school diploma, GED,or Commonwealth Child Care Credential.
All staff 12 annual hours.	Additional three (3) hours of training annually for a total of 15 hours.
Currently not in regulation.	Post Staff to Child Ratios.
Currently not in regulation.	Post Planned Program of Activities.
Currently not in regulation.	Post Daily Schedule.
Currently not in regulation.	One Annual Family Activity.
Currently not in regulation.	Annual Plan for Professional Development.
Currently not in regulation.	Require civil monetary penalty notice to be posted for one year.
Currently the evaluation of instructional activity does not have to be in writing.	Directors will be required to provide annual written performance and instructional activity evaluations for each staff person.
Require written record of earthquake, fire and tornado drills.	Written records of earthquake, fire and tornado drills must detail the date, time, and children who participated.
Currently not in regulation.	The death of a child shall be reported to the Cabinet within one hour.
Currently not in regulation.	The resignation of a director is to be reported to the Cabinet within one week.
Currently directors must conduct staff meetings.	The director will be required to conduct, manage and document staff meetings.
Currently not in regulation.	Background check from the previous state of residence, if the individual has been a resident outside of Kentucky in the previous five (5) years.
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Amended Regulation: 922 KAR 2:120, Child Care Facility Health and Safety Standards
Kentucky's Current Law	Regulation Change
Cultural program content - Not regulated.	Add cultural program content to regulation.
Currently not in regulation.	Place infants on their backs to sleep as outlined by the "American Academy of Pediatrics".
Playground surfaces under outdoor equipment and fall zones not regulated.	A protective surface shall be provided for play equipment used to climb, swing, and slide. Requires fall zones equal to the height of the playground equipment.
Currently minimum standards.	Increase transportation requirements according to Federal guidelines.
Currently minimum standards.	Increase hand washing procedures and additional diapering and toiletry requirements.
Currently smoking not permitted around children.	Smoking permitted only in outside designated areas, and not permitted in the presence of a child.
Currently not in regulation.	Cribs must meet requirements of Consumer Safety Products.
Adequate supervision means that qualified staff devote full time and attention to the children being supervised and be aware of their whereabouts at all times and within range of voice. (922 KAR 2:001)	Adequate supervision means that qualified staff devotes full-time attention to the children being supervised and be within scope of vision and range of voice.
Indoor play areas shall have a minimum of 60 sq. ft. of space per child in addition to the 35 square feet of space.	Include equipment for gross motor skills. Equipment intended for climbing shall have a protective surface of at least two (2) inches thick.
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Amended Regulation: 922 KAR 2:170, STARS for KIDS Now Program for Type I Licensed Child Care Centers
Kentucky's Current Law	Regulation Change
STARS Level 4 must have health insurance.	Remove health insurance requirement.
Currently not in regulation.	Add annual enhancement award for  maintaining health insurance coverage.
Current level based on STAR rating.	Increase quality incentive for Levels 3 and 4.
Currently achievement award issued once.	STARS rated Level 3 and 4 programs shall be eligible for an annual achievement award.
Currently not in regulation.	Require STARS Interim Reports.
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Amended Regulation: 922 KAR 2:210, STARS for KIDS Now Program for Type II Licensed and Certified Family Child Care Homes
Kentucky's Current Law	Regulation Change
Currently not in regulation.	Add an annual enhancement award for an assessment score above 5.5.
Currently achievement award issued once.	STARS rated Level 3 and 4 programs shall be eligible for an annual achievement award.
Current level based on STAR rating.	Increase quality incentive awards payments for Levels 3 and 4.
Currently not in regulation.	Require STARS Interim Reports.
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Amended Regulation: 922 KAR 2:160, Child Care Assistance Program
Kentucky's Current Law	Regulation Change
Currently not in regulation.	The Child Care Certificate and Agreement must be signed and submitted prior to payment being released.
The co-payment assessment for families with countable income is less than 100% of the federal poverty level.	Restructure family co-payments for child care services.
Current form entitled "Enrollment Attendance Verification" (EAV)	New form for payment of services "Provider Billing Form".
Verbal absence verification currently accepted.	Child Care Assistance Payments (CCAP) payments shall not be made to a licensed provider for more than five absences per month unless the provider verifies in writing the additional absences were related to specific reasons listed in the regulation (i.e. death, illness, court order, or a natural disaster).
Centers serving 40 or more CCAP children are requirement to participate in STARS.	Removed as a requirement from regulation.
Click here to view the Full Regulation

Pursuant to KRS Chapter 13A.270, public comments will be accepted until close of business November 30, 2007.

Please provide written comments to:

Justin Dearinger

Regulations/ State Plan Coordinator

Department for Community Based Services

275 East Main Street

Frankfort, KY 40601

Phone: (502) 564-3556 ext 4227

Fax:     (502) 564-0328

e-mail: justin.dearinger@ky.gov