Session of 2024
HOUSE BILL No. 2785
By Committee on Child Welfare and Foster Care
Requested by Representative Concannon on behalf of the Office of the Governor
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AN ACT concerning state agencies; relating to early childhood;
consolidating the children's cabinet and other child services under the
Kansas office of early childhood; transferring the administration of
child care facility licensing, child care subsidy and the parents as
teachers program to the office; establishing the children's cabinet as a
division in the office; amending K.S.A. 38-1901, 38-2103, 65-503, 65-
504, 65-508, 65-512, 65-531, 72-4162, 72-4163, 72-4164 and 72-4166
and K.S.A. 2023 Supp. 65-516 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) There is hereby established within the executive
branch of government the Kansas office of early childhood.
(b) The Kansas office of early childhood shall be administered under
the direction and supervision of the executive director of early childhood.
(c) The governor shall appoint the executive director of early
childhood, subject to confirmation by the senate as provided in K.S.A. 75-
4315b, and amendments thereto. Except as provided in K.S.A. 46-2601,
and amendments thereto, no person appointed as executive director shall
exercise any power, duty or function as executive director until confirmed
by the senate.
(d) The executive director shall be in the unclassified service under
the Kansas civil service act and shall receive an annual salary to be fixed
by the governor. The executive director shall serve at the pleasure of the
governor.
(e) Except as provided in K.S.A. 38-2103, and amendments thereto,
all budgeting, purchasing and related management functions of the Kansas
office of early childhood, shall be administered under the direction and
supervision of the executive director of early childhood.
(f) All expenditures shall be made in accordance with appropriation
acts upon warrants of the director of accounts and reports issued pursuant
to vouchers approved by the executive director of early childhood, or the
executive director's designee.
(g) The provisions of the Kansas governmental operations
accountability law apply to the Kansas office of early childhood and the
office shall be subject to audit, review and evaluation under such law.
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(h) The executive director shall maintain an office in Topeka, Kansas,
and may maintain offices and facilities to carry out the function of the
office in other locations of the state.
(i) (1) On or after July 1, 2024, the governor shall appoint an
interagency transition team to begin office operations.
(2) On or before July 1, 2025:
(A) The governor shall appoint the executive director; and
(B) the office shall begin transitioning programs identified in section
3, and amendments thereto, from state agencies to the office.
(3) On or before July 1, 2026, all identified programs shall be under
the direction and supervision of the executive director, including staff and
other operational functions.
(j) Nothing in sections 1 through 5, and amendments thereto, shall be
construed to preempt, supersede or impinge on the authority of the Kansas
department for children and families provided in K.S.A. 75-3084 through
75-3089, and amendments thereto.
New Sec. 2. The Kansas office of early childhood shall be
responsible for carrying out the general policies of the governor and the
executive director of early childhood by:
(a) Supporting the healthy development of Kansas children through
the coordination of early childhood programs and services in the fields of
early childhood care, child care, home visitation and other related issues;
(b) managing and administering various programs serving young
children and families;
(c) maximizing administrative efficiencies to reduce burdens on
families and improve access to early childhood services;
(d) assisting the governor in developing and implementing a
comprehensive service delivery system for Kansas children and families;
(e) facilitating joint planning and coordination between the public and
private sector to better serve the needs of children and families and
increase access to care;
(f) ensuring consistent communication with service providers, parents
and other individuals and organizations interested in early childhood
services to effectively respond to parental and community need, provide
assistance navigating the state's early childhood system and elevate
parental options for care in the state's mixed-delivery system;
(g) supporting child care providers, including, but not limited to,
center-based providers, family child care home providers and employer-
based providers, through the licensure process, participate in state child
care programs and access funding or grant opportunities;
(h) developing metrics to evaluate efficiency and effectiveness of the
state's early childhood system and collecting the necessary data to measure
those metrics;
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(i) supporting the early childhood service providers through the
delivery of services that enhance the profession, uplift the profession and
support the creation of a sustainable workforce; and
(j) developing a comprehensive strategy to expand access to a greater
quantity of high-quality affordable care and services across every region of
Kansas.
New Sec. 3. (a) The executive director of early childhood shall:
(1) Collect metrics and information on services available to children
and families to better measure the efficiency of the state's early childhood
system and monitor benchmarks related to positive outcomes for children
and families;
(2) prepare and implement plans for a comprehensive service delivery
system for children and families;
(3) facilitate and coordinate interagency cooperation towards the goal
of serving children and families with a variety of other state agencies, such
as the Kansas department for children and families, the department of
health and environment, the department of corrections, the state board of
education, the state board of regents and any other state office, department
or board providing services to Kansas children and families;
(4) provide a central contact for federal and state agencies concerning
early childhood care and related services;
(5) provide a central contact for information and assistance for
children, families, communities and businesses in need of early childhood
care and related services;
(6) serve as the primary contact for the Kansas legislature on policy,
administrative support and constituent services relating to early childhood
care and related services;
(7) enter into such contracts and agreements as necessary or
incidental to the performance of the powers and duties of the executive
director;
(8) charge and collect, by order, a fee necessary for the administration
and processing of paper documents, including, but not limited to,
applications, registrations, permits, licenses, certifications, renewals,
reports and remittance of fees that are necessary or incidental to the
execution of the laws relating to the Kansas office of early childhood;
(9) adopt, amend or revoke any rules and regulations necessary to
carry out the provisions of sections 1 through 5, and amendments thereto,
and the programs and duties of the office;
(10) appoint and oversee directors of divisions within the office;
(11) transition the administration of the following programs to the
office:
(A) Child care assistance;
(B) children's initiative fund grants and early childhood block grants;
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(C) day care facility licensing and early youth care programs;
(D) children's cabinet accountability fund;
(E) child care quality;
(F) community-based child abuse prevention;
(G) child care capacity accelerator grants;
(H) children's cabinet administration;
(I) early childhood infrastructure;
(J) early childhood integrated data systems;
(K) head start collaboration office;
(L) healthy families America;
(M) Kansas early head start child care partnership;
(N) Kansas early head start home visitation;
(O) Kansas imagination library;
(P) maternal and child health home visitation;
(Q) maternal, infant and early childhood home visitation;
(R) parents as teachers;
(S) preschool development implementation grant for children from
birth to five years of age; and
(T) preschool development planning grant for children from birth to
five years of age;
(12) enter into agreements with the secretary of administration for the
provision of shared services, including, but not limited to, personnel and
other administrative services for the office; and
(13) prepare and submit an annual written report to relevant
legislative committees and to the governor that contains:
(A) The status of programs under the jurisdiction of the office of
early childhood;
(B) an overview of the fiscal and administrative structures required to
oversee the programs and services under the jurisdiction of the office of
early childhood;
(C) data and metrics on the service rates for children and families,
early childhood system efficiency, early childhood workforce and public-
private partnerships; and
(D) recommendations and considerations to improve delivery of early
childhood care and related services and support the healthy development
of Kansas children and families.
(b) Nothing in this section shall be construed to authorize the
executive director of the Kansas office of early childhood to administer the
preschool programs in K.S.A. 72-3215, 72-3410 and 72-5154, and
amendments thereto.
(c) Subject to the provisions of sections 1 through 5, and amendments
thereto, the executive director shall organize the Kansas office of early
childhood in the manner the executive director deems most efficient. The
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executive director may establish policies governing the transaction of
business of the office and the administration of each division within the
office. The director of each division of the department shall perform such
duties and exercise such powers as the executive director may prescribe
and such duties and powers as are prescribed by law. Such directors shall
act for and exercise the powers of the executive director to the extent
authority to do so is delegated by the executive director.
New Sec. 4. (a) Except as otherwise provided by law, and subject to
the Kansas civil service act, the executive director shall appoint:
(1) Subordinate officers and employees as are necessary to enable the
director to exercise or perform the functions, powers and duties pursuant
to sections 1 through 5, and amendments thereto;
(2) the director of the division of child care;
(3) the director of the division of home visitation;
(4) the director of the division of head start collaboration; and
(5) the director of the Kansas children's cabinet and trust fund.
(b) All subordinate officers and employees shall perform such duties
and exercise such powers as the executive director of the office may
prescribe and as perscribed by law, and shall act for and exercise the
powers of the executive director.
(c) Nothing in this section shall be construed to affect the status,
rights or benefits of civil service accrued or vested in any employee of the
Kansas children's cabinet and trust fund, the Kansas department for
children and families, the department for health and environment or the
state department of education.
New Sec. 5. (a) (1) There is established within and as a part of the
Kansas office of early childhood the division of child care. The division
shall oversee day care facility and child care resource and referral agency
licensing and child care finance and quality.
(2) The division of child care shall be administered by a director of
the division of child care, who shall be in the unclassified service under
the Kansas civil service act and appointed by the executive director.
(3) All of the powers, duties and functions of the existing day care
and child care resource and referral agency licensing programs pursuant to
sections 6 through 27, and amendments thereto, within the division of
public health with department of health and environment are hereby
transferred to the division of child care.
(4) Whenever day care and child care resource and referral agency
licensing, or words of like effect, is referred to or designated by any
statute, rule and regulation, contract or any other document, including any
statute, rule and regulation, contract or any document created pursuant to
the authorities transferred by this section, such reference or designation
shall apply to the division of child care. The office of early childhood shall
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serve as the state lead agency for child care and development fund
administration pursuant to 45 C.F.R. §§ 98.10 through 98.15.
(5) The division of child care may enter into agreements with the
Kansas department for children and families for the administration of child
care subsidy payments. If executed, such agreements shall require that the
secretary for children and families determine an applicant's eligibility for
the child care subsidy according to K.S.A. 39-709, and amendments
thereto, and provide information pertaining to such eligible applicants to
the division for administration of such benefits.
(b) (1) There is established within and as a part of the Kansas office
of early childhood the division of home visitation. The division shall
oversee home visitation programs.
(2) The division of home visitation shall be administered by a director
of the Kansas division of home visitation, who shall be in the unclassified
service under the Kansas civil service act and appointed by the executive
director.
(3) All of the powers, duties and functions of the existing home
visitation programs outlined in section 2, and amendments thereto, are
hereby transferred to the the division of home visitation.
(4) Whenever the existing home visitation programs outlined in
section 2, and amendments thereto, or words of like effect, are referred to
or designated by any statute, rule and regulation, contract or any other
document, including any statute, rule and regulation, contract or any
document created pursuant to the authorities transferred by this section,
such reference or designation shall apply to the division of home
visitation.
(c) (1) There is established within and as a part of the Kansas office
of early childhood the division of head start collaboration. The division
shall oversee the early head start home visitation program and early head
start child care partnerships.
(2) The division of head start collaboration shall be administered by a
director of the division of head start collaboration, who shall be in the
unclassified service under the Kansas civil service act and appointed by
the executive director.
(3) All of the powers, duties and functions of the existing head start
programs outlined in section 2, and amendments thereto, are hereby
transferred to the division of home visitation.
(4) Whenever the existing head start programs outlined in section 2,
and amendments thereto, or words of like effect, are referred to or
designated by any statute, rule and regulation, contract or any other
document, including any statute, rule and regulation, contract or any
document created pursuant to the authorities transferred by this section,
such reference or designation shall apply to the division of head start
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collaboration.
(d) (1) There is established within and as a part of the Kansas office
of early childhood the children's cabinet.
(2) The children's cabinet shall be administered by a director of the
children's cabinet, who shall be in the unclassified service under the
Kansas civil service act and appointed by the executive director.
(3) All of the powers, duties and functions of the existing children's
cabinet executive director are hereby transferred to the children's cabinet
as established pursuant to paragraph (1) under the Kansas office of early
childhood.
New Sec. 6. It shall be unlawful for any person, firm, corporation or
association to conduct or maintain a day care facility under 16 years of age
without having a license or temporary permit therefor from the executive
director of the Kansas office of early childhood. Nothing in sections 6
through 27, and amendments thereto, shall apply to:
(a) A residential facility or hospital that is operated and maintained by
a state agency as defined in K.S.A. 75-3701, and amendments thereto;
(b) child care facilities as defined in K.S.A. 65-503, and amendments
thereto; or
(c) a summer instructional camp that:
(1) Is operated by a Kansas educational institution as defined in
K.S.A. 74-32,120, and amendments thereto, or a postsecondary
educational institution as defined in K.S.A. 74-3201b, and amendments
thereto;
(2) is operated for not more than five weeks;
(3) provides instruction to children, all of whom are 10 years of age
or older; and
(4) is accredited by an agency or organization acceptable to the
executive director of the Kansas office of early childhood.
New Sec. 7. As used in sections 6 through 27, and amendments
thereto:
(a) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information on specific
services provided by child care facilities, to assist parents to find child
care.
(b) "Day care facility" means a day care home, preschool, child care
center, school-age program or other facility of a type determined by the
executive director to require regulation under the provisions of sections 6
through 27, and amendments thereto.
(c) "Person" means any individual, association, partnership,
corporation, government, governmental subdivision or other entity.
New Sec. 8. (a) The executive director of the Kansas office of early
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childhood shall have the power to grant a license to a person to maintain a
day care facility for children under 16 years of age. A license granted to
maintain a day care facility shall state the name of the licensee, describe
the particular premises in or at which the business shall be carried on,
whether it shall receive and care for children, and the number of children
that may be cared for at any one time. No greater number of children than
is authorized in the license shall be kept on such premises and the business
shall not be carried on in a building or place not designated in the license.
The license shall be kept posted in a conspicuous place on such premises
where the business is conducted. A license granted to maintain a day care
facility shall have on its face an expiration sticker stating the date of
expiration of the license.
(b) The executive director of the Kansas office of early childhood
shall not grant a license in any case until careful inspection of the day care
facility has been made according to the terms of sections 6 through 27, and
amendments thereto, and until such day care facility has complied with all
the requirements of sections 6 through 27, and amendments thereto. The
executive director of the Kansas office of early childhood may issue a
temporary permit to operate for a period not to exceed 90 days upon
receipt of an initial application for license. The executive director of the
Kansas office of early childhood may extend the temporary permit to
operate for an additional period not to exceed 90 days if an applicant is not
in full compliance in accordance with sections 6 through 27, and
amendments thereto, but has made efforts toward full compliance.
(c) (1) In all cases where the secretary for children and families
deems it necessary, an investigation of the day care facility shall be made
under the supervision of the secretary for children and families or other
designated qualified agents. For that purpose and for any subsequent
investigations, such agents shall have the right of entry and access to the
premises of the center or facility and to any information deemed necessary
to the completion of the investigation. In all cases where an investigation
is made, a report of the investigation of such center or facility shall be filed
with the executive director of the Kansas office of early childhood.
(2) In cases where neither approval nor disapproval can be given
within a period of 30 days following a formal request for such a study, the
executive director of the Kansas office of early childhood may issue a
temporary license without a fee, pending final approval or disapproval of
the center or facility.
(d) Whenever the executive director of the Kansas office of early
childhood refuses to grant a license to an applicant, the executive director
of the Kansas office of early childhood shall issue an order to that effect
stating the reasons for such denial and, within five days after the issuance
of such order, notify the applicant of the refusal. Upon application and not
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more than 15 days after the date of issuance of such order, a hearing on the
order shall be held in accordance with the provisions of the Kansas
administrative procedure act.
(e) When the executive director of the Kansas office of early
childhood finds, upon investigation or is advised by the secretary for
children and families that any of the provisions of K.S.A. 59-2123, and
amendments thereto, or sections 6 through 27, and amendments thereto,
are being violated or the day care facility is maintained without due regard
to the health, safety or welfare of any child, the executive director of the
Kansas office of early childhood may issue an order revoking such license
after giving notice and conducting a hearing in accordance with the
provisions of the Kansas administrative procedure act. Such order shall
clearly state the reason for the revocation.
(f) If the executive director revokes or refuses to renew a license, the
licensee who had a license revoked or not renewed shall not be eligible to
apply for a license for a period of one year subsequent to the date such
revocation or refusal to renew becomes final. If the executive director
revokes or refuses to renew a license of a licensee who is a repeat violator
for three or more times of statutory requirements or rules and regulations
or is found to have contributed to the death or serious bodily harm of a
child under such licensee's care, such licensee shall be permanently
prohibited from applying for a new license to provide child care or from
seeking employment under another licensee.
(g) Any applicant or licensee aggrieved by a final order of the
executive director of the Kansas office of early childhood denying or
revoking a license under sections 6 through 27, and amendments thereto,
may appeal the order in accordance with the Kansas judicial review act.
(h) This section shall take effect on and after July 1, 2026.
New Sec. 9. (a) The annual fee for a license to conduct a day care
facility or child care resource and referral agency shall be fixed by the
executive director of the Kansas office of early childhood by rules and
regulations in an amount not exceeding the following:
(1) For a child care resource and referral agency, $150; and
(2) for any day care facility, $75 plus $1 multiplied by the maximum
number of children authorized under the license to be on the premises at
any one time.
(b) The license fee shall be paid to the executive director of the
Kansas office of early childhood when the license is applied for and
annually thereafter. The fee shall not be refundable. Fees in effect under
subsection (a) immediately prior to July 1, 2026, shall continue in effect on
and after July 1, 2026, until a different fee is established by the executive
director of the Kansas office of early childhood by rules and regulations
under this subsection.
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(c) Any licensee who fails to renew such license within 30 days after
the expiration of the license shall pay to the executive director the renewal
fee plus a late fee in an amount equal to the fee for the renewal of a
license.
(d) Any licensee applying for an amended license shall pay to the
executive director of the Kansas office of early childhood a fee established
by rules and regulations of the executive director in an amount not
exceeding $35.
(e) There is hereby created the day care facilities and child care
resource and referral agencies licensing fee fund. The executive director of
the Kansas office of early childhood shall remit all moneys received by the
executive director from fees under the provisions of this section to the
state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer, notwithstanding any other law to the contrary, shall deposit the
entire amount in the state treasury to the credit of the day care facilities
and child care resource and referral agencies licensing fee fund. All
expenditures from the day care facilities and child care resource and
referral agencies licensing fee fund shall be made only for the purposes of
sections 6 through 27, and amendments thereto, in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the executive director of the
Kansas office of early childhood or by the executive director's designee.
Notwithstanding any other law to the contrary, no moneys shall be
transferred or otherwise revert from this fund to the state general fund by
appropriation act or other act of the legislature. Moneys available under
this section by the creation of the day care facilities or child care resource
and referral agencies licensing fee fund shall not be substituted for or used
to reduce or eliminate moneys available to the Kansas office of early
childhood to administer the provisions of sections 6 through 27, and
amendments thereto. Nothing in sections 6 through 27, and amendments
thereto, shall be construed to authorize a reduction or elimination of
moneys made available by the state to local units of government for the
purposes of sections 6 through 27, and amendments thereto.
(f) This section shall take effect on and after July 1, 2026.
New Sec. 10. (a) The executive director of the Kansas office of early
childhood shall serve notice of the issuance, limitation, modification,
suspension or revocation of a license to conduct a day care facility to the
secretary for children and families, juvenile justice authority, state
department of education, office of the state fire marshal, county, city-
county or multi-county department of health and any licensed child
placement agency or licensed child care resource and referral agency
serving the area where the center or facility is located. A day care facility
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or child care resource and referral agency that has had a license limited,
modified, suspended, revoked or denied by the executive director of the
Kansas office of early childhood shall notify in writing the parents or
guardians of the enrollees of the limitation, modification, suspension,
revocation or denial. Neither the secretary for children and families nor
any other person shall place or cause to be placed any child under 16 years
of age in any day care facility or child care resource and referral agency
not licensed by the executive director of the Kansas office of early
childhood.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 11. (a) Each day care facility licensee shall keep a record
upon forms prescribed and provided by the executive director of the
Kansas office of early childhood. Such record shall include the name and
age of each child received and cared for in the facility together with the
names and addresses of the parents or guardians of such children and such
other information as the executive director of the Kansas office of early
childhood may require. Each day care facility licensee shall apply to and
shall receive without charge from the executive director of the Kansas
office of early childhood forms for such records as may be required. Such
forms shall contain a copy of sections 6 through 27, and amendments
thereto.
(b) Information obtained under this section shall be confidential and
shall not be made public in a manner that would identify an individual.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 12. (a) Each day care facility subject to the provisions of
sections 6 through 27, and amendments thereto, shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems that conform to all
applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare of
each child.
(b) Every day care facility shall furnish or cause to be furnished for
the use of each employee an individual towel, wash cloth, comb and
individual drinking cup or sanitary bubbling fountain and toothbrushes for
all other children than infants, and keep or require such articles to be kept
at all times in a clean and sanitary condition. Every day care facility or
child care resource and referral agency shall comply with all applicable
fire codes and rules and regulations of the state fire marshal.
(c) (1) The executive director of the Kansas office of early childhood
shall develop and adopt rules and regulations for the operation and
maintenance of day care facilities. The rules and regulations for operating
and maintaining day care facilities shall be designed to promote the health,
safety and welfare of any child served in such facilities by ensuring safe
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and adequate physical surroundings, healthful food, adequate
handwashing, safe storage of toxic substances and hazardous chemicals,
sanitary diapering and toileting, home sanitation, supervision and care of
the residents by capable, qualified persons of sufficient number, after-hour
care, an adequate program of activities and services, sudden infant death
syndrome and safe sleep practices training, prohibition on corporal
punishment, crib safety, protection from electrical hazards, protection from
swimming pools and other water sources, fire drills, emergency plans,
safety of outdoor playground surfaces, door locks, safety gates and
transportation and such appropriate parental participation as may be
feasible under the circumstances.
(2) Rules and regulations developed under this subsection shall
include provisions for the competent supervision and care of children in
day care facilities. For purposes of such rules and regulations, competent
supervision, as such term relates to children less than five years of age
includes, but is not limited to, direction of activities, adequate oversight
including sight or sound monitoring, or both, physical proximity to
children, diapering and toileting practices. Competent supervision, as such
term relates to all children, includes, but is not limited to, planning and
supervision of daily activities, safe sleep practices, including, but not
limited to, visual or sound monitoring, periodic checking, emergency
response procedures and drills, illness and injury response procedures,
food service preparation and sanitation, playground supervision, pool and
water safety practices.
(d) In addition to any rules and regulations adopted under this section
for safe sleep practices, a day care facility shall ensure that all of the
following requirements are met for children under 12 months of age:
(1) A child shall only be placed to sleep on a surface and in an area
that has been approved for use as such by the executive director of the
Kansas office of early childhood;
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) A day care facility shall ensure that children over 12 months of
age only be placed to sleep on a surface and in an area that has been
approved for use as such by the executive director of the Kansas office of
early childhood.
(f) The executive director of the Kansas office of early childhood
may exercise discretion to make exceptions to requirements in subsections
(d) and (e) where special health needs exist.
(g) Each child cared for in a day care facility, including children of
the person maintaining the facility, shall be required to have current
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immunizations as the secretary of health and environment considers
necessary. The person maintaining a day care facility shall maintain a
record of each child's immunizations and provide to the secretary of health
and environment and the executive director of the Kansas office of early
childhood such information relating thereto, in accordance with rules and
regulations of the secretary of health and environment and executive
director, except that the person maintaining a day care facility shall not
have such person's license revoked solely for the failure to have or
maintain the immunization records required by this subsection.
(h) The immunization requirement of subsection (g) shall not apply if
one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the child's
life or health; or
(2) a written statement signed by a parent or guardian that the parent
or guardian is an adherent of a religious denomination whose teachings are
opposed to immunizations.
(i) This section shall take effect on and after July 1, 2026.
New Sec. 13. (a) It shall be unlawful for any day care facility to
receive or care for any adult except as authorized by rules and regulations
adopted by the secretary of health and environment and the executive
director of the Kansas office for early childhood.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 14. (a) It is hereby made the duty of the executive director
of the Kansas office of early childhood to inspect or cause to be inspected
on or after July 1, 2026, and once every 12 months thereafter, every day
care facility, unless otherwise provided in subsection (b). For the purpose
of inspection, the executive director or the executive director's authorized
agent shall have the right of entry and access thereto, in every department
and to every place in the premises, call for and examine the records that
are required to be kept according to the provisions of sections 6 through
27, and amendments thereto, and make and preserve a record of every
inspection. The licensee shall give all reasonable information to the
authorized agent of the executive director of the Kansas office of early
childhood and afford every reasonable facility for viewing the premises
and seeing the children therein. No such child without the consent of the
child shall be required to be interviewed by any agent unless the agent is
an authorized person.
(b) The executive director of the Kansas office of early childhood
shall conduct an inspection of any day care facility upon receiving a
complaint. Any new day care facility shall be inspected prior to issuance of
a license. The executive director may conduct an inspection of any day
care facility that has a record of repeated complaints or serious violations
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at any time. The executive director shall inspect any day care facility that
provides services to military families receiving military assistance for
child care every 12 months.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 15. (a) Whenever an authorized agent of the executive
director of the Kansas office of early childhood or the secretary for
children and families finds a day care facility that is not being conducted
according to law, it shall be the duty of such agent to notify the licensee in
writing of such changes or alterations as such agent determines necessary
in order to comply with the requirements of the law, and such agent shall
file a copy of such notice with the executive director of the Kansas office
of early childhood. It shall thereupon be the duty of the licensee to make
such changes or alterations as are contained in the written notice within
five days from the receipt of such notice. Notice shall be given in
accordance with the provisions of the Kansas administrative procedure act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 16. (a) Any person, firm, corporation or association who
violates the provisions of sections 6 through 27, and amendments thereto,
shall be guilty of a misdemeanor, and upon conviction shall be fined not
less than $5 but not more than $50. Each and every day that the person
fails or refuses to comply with such provisions shall be deemed a separate
offense under sections 6 through 27, and amendments thereto. If, for 30
days after any final conviction for such violation or revocation of license,
the person still fails or refuses to comply with the orders in the notice
under section 15, and amendments thereto, upon notice and a hearing in
accordance with the provisions of the Kansas administrative procedure act,
the building or premises where such home is conducted may be closed
until such person has complied with all provisions of sections 6 through
27, and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 17. (a) The county attorney of each county in this state is
hereby authorized and required, upon complaint of any authorized agent of
the executive director of the Kansas office of early childhood, to file a
complaint and prosecute to the final determination all actions or
proceedings against any person under the provisions of sections 6 through
27, and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 18. (a) No person shall knowingly maintain a day care
facility if there resides, works or regularly volunteers any person who in
this state or in other states or the federal government:
(1) (A) Has been convicted of a crime that is classified as a person
felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
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36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, or any felony
violation of any provision of the uniform controlled substances act prior to
July 1, 2009;
(C) has been convicted of any act that is described in articles 34, 35
or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and
amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418
through 21-6422 or 21-6424, and amendments thereto, or been convicted
of an attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301,
and amendments thereto, to commit any such act or been convicted of
conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302,
and amendments thereto, to commit such act, or similar statutes of any
other state or the federal government;
(D) has been convicted of any act that is described in K.S.A. 21-4301
or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
thereto, or similar statutes of any other state or the federal government; or
(E) has been convicted of any act that is described in K.S.A. 21-3718
or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
thereto, or similar statutes of any other state or the federal government;
(2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act that if done by an
adult would constitute the commission of a felony and that is a crime
against persons, is any act described in articles 34, 35 or 36 of chapter 21
of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
56 of chapter 21 of the Kansas Statutes Annotated, and amendments
thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422
or 21-6422, and amendments thereto, or similar statutes of any other state
or the federal government, or is any act described in K.S.A. 21-4301 or 21-
4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto,
or similar statutes of any other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
other state or on the national sex offender registry;
(4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and who is listed in the child abuse and neglect
registry maintained by the Kansas department for children and families
pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
abuse and neglect registries maintained by any other state or the federal
government and:
(A) Has failed to successfully complete a corrective action plan that
has been deemed appropriate and approved by the Kansas department for
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children and families or requirements of similar entities in any other state
or the federal government; or
(B) such person's record has not been expunged;
(5) has had a child removed from home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order from any other state based upon a similar statute that finds the
child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child has reached the age of
majority before being returned to the home and the person has failed to
satisfactorily complete a corrective action plan approved by the
department of health and environment;
(6) has had parental rights terminated pursuant to the Kansas juvenile
code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
similar statute of other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
seq., and amendments thereto, or an immediate intervention agreement
pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) Notwithstanding the provisions in subsection (a), no person shall
maintain a day care facility if such person has been found to be a person in
need of a guardian or a conservator, or both, as provided in K.S.A. 59-
3050 through 59-3095, and amendments thereto.
(c) Any person who resides in a day care facility and who has been
found to be in need of a guardian or a conservator, or both, shall be
counted in the total number of children allowed in care.
(d) In accordance with the provisions of this subsection, the executive
director of the Kansas office of early childhood shall have access to any
court orders or adjudications of any court of record, any records of such
orders or adjudications, criminal history record information, including, but
not limited to, diversion agreements in the possession of the Kansas
bureau of investigation and any report of investigations as authorized by
K.S.A. 38-2226, and amendments thereto, or the Kansas department for
children and families or court of this state concerning persons working,
regularly volunteering or residing in a day care facility. The executive
director shall have access to these records for the purpose of determining
whether or not the home meets the requirements of K.S.A. 59-2132, and
amendments thereto, and sections 7, 12 and 18, and amendments thereto.
(e) In accordance with the provisions of this subsection, the executive
director is authorized to conduct national criminal history record checks to
determine criminal history on persons residing, working or regularly
volunteering in a day care facility. In order to conduct a national criminal
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history check, the executive director shall require fingerprinting for
identification and determination of criminal history. The executive director
shall submit the fingerprints to the Kansas bureau of investigation and to
the federal bureau of investigation and receive a reply to enable the
executive director to verify the identity of such person and whether such
person has been convicted of any crime that would prohibit such person
from residing, working or regularly volunteering in a day care facility. The
executive director is authorized to use information obtained from the
national criminal history record check to determine such person's fitness to
reside, work or regularly volunteer in a day care facility.
(f) Local and state law enforcement officers and agencies shall assist
the executive director in the taking and processing of fingerprints of
persons residing, working or regularly volunteering in a day care facility
and release all records of adult convictions and nonconvictions and adult
convictions or adjudications of another state or country to the department.
(g) (1) The executive director shall adopt rules and regulations to fix
a fee for fingerprinting persons residing, working or regularly volunteering
in a day care facility, as may be required by the department to reimburse
the department for the cost of the fingerprinting.
(2) The executive director shall remit all moneys received from the
fees established under this section to the state treasurer in accordance with
the provisions of K.S.A. 72-4215, and amendments thereto. Upon receipt
of each such remittance, the state treasurer shall deposit the entire amount
in the state treasury to the credit of the child care criminal background and
fingerprinting fund.
(h) The day care criminal background and fingerprinting fund is
hereby created in the state treasury to be administered by the executive
director of the Kansas office of early childhood. All moneys credited to the
day care criminal background and fingerprinting fund shall be used to pay
local and state law enforcement officers and agencies for the processing of
fingerprints and criminal history background checks for the department.
All expenditures from the day care criminal background and fingerprinting
fund shall be made in accordance with appropriation acts upon warrants of
the director of accounts and reports issued pursuant to vouchers approved
by the executive director or the executive director's designee.
(i) The executive director shall notify the day care applicant or
licensee within seven days by certified mail, with return receipt requested,
when the result of the national criminal history record check or other
appropriate review that reveals unfitness specified in subsection (a)(1)
through (a)(8) of the person who is the subject of the review.
(j) No day care facility or the employees thereof shall be liable for
civil damages to any person refused employment or discharged from
employment by reason of such facility's or home's compliance with the
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provisions of this section, if such home acts in good faith to comply with
this section.
(k) For the purpose of subsection (a)(3), a person listed in the child
abuse and neglect central registry shall not be prohibited from residing,
working or volunteering in a day care facility unless such person has:
(1) Had an opportunity to be interviewed and present information
during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to
appeal such decision to the executive director and to the courts pursuant to
the Kansas judicial review act.
(l) No person shall maintain a day care facility unless such person is a
high school graduate or the equivalent thereof, except that, if extraordinary
circumstances exist, the executive director of the Kansas office of early
childhood may exercise discretion to make exceptions to this requirement.
The provisions of this subsection shall not apply to any person who was
maintaining a day care facility on the day immediately prior to July 1,
2010.
(m) This section shall take effect on and after July 1, 2026.
New Sec. 19. (a) The executive director may limit, modify or suspend
any license or temporary permit issued under the provisions of sections 6
through 18 , and amendments thereto, upon any of the following grounds
and in the manner provided in sections 6 through 27, and amendments
thereto:
(1) Violation by the licensee or holder of a temporary permit of any
provision of sections 6 through 27, and amendments thereto, or of the rules
and regulations promulgated under sections 6 through 27, and amendments
thereto;
(2) aiding, abetting or permitting the violating of any provision of
sections 6 through 27, and amendments thereto, or of the rules and
regulations promulgated under sections 6 through 27, and amendments
thereto;
(3) conduct in the operation or maintenance, or both the operation and
maintenance, of a day care facility that is inimical to the health, safety or
welfare of any child receiving services from such day care facility or to the
public;
(4) the conviction of a licensee or holder of a temporary permit, at
any time during licensure or during the time the temporary permit is in
effect, of crimes as defined in section 18, and amendments thereto; and
(5) a third or subsequent violation by the licensee or holder of a
temporary permit of section 25(b), and amendments thereto.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 20. (a) The executive director may limit, modify or suspend
any license or temporary permit issued under the provisions of sections 6
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through 18, and amendments thereto, prior to any hearing when, in the
opinion of the executive director, the action is necessary to protect any
child in the day care facility from physical or mental abuse, abandonment
or any other substantial threat to health, safety or welfare. Administrative
proceedings under this section shall be conducted in accordance with the
emergency adjudicative proceedings of the Kansas administrative
procedure act and in accordance with other relevant provisions of the
Kansas administrative procedure act.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 21. (a) Records in the possession of the executive director
of early childhood or such director's agents regarding day care facilities
shall not be released publicly in a manner that would identify individuals,
except individual names of licensees, applicants, facilities and day care
facilities may be released. Nothing in this section prohibits release of any
information as required by law.
(b) Records in the possession of the executive director of early
childhood or such director's agents regarding day care facilities may be
released to:
(1) An agency or organization authorized to receive notice under
section 10, and amendments thereto;
(2) any local, state or federal governmental entity or subdivision
thereof;
(3) any child and adult care food program sponsoring agency; or
(4) any disaster or emergency entity.
(c) The executive director of the Kansas office of early childhood
shall prohibit the release of the name, address and telephone number of a
day care facility if the executive director determines that prohibition of the
release of the information is necessary to protect the health, safety or
welfare of the public or the children enrolled in the day care facility.
(d) Any records under subsection (a), (b) or (c) shall be available to
any member of the standing committee on appropriations of the house of
representatives or the standing committee on ways and means of the senate
carrying out such member's or committee's official functions in accordance
with K.S.A. 75-4319, and amendments thereto, in a closed or executive
meeting. Except in limited conditions established by ⅔ of the members of
such committee, records received by the committee shall not be further
disclosed. Unauthorized disclosure may subject such member to discipline
or censure from the house of representatives or senate. Such records shall
not identify individuals but shall include data and contact information
concerning specific facilities.
(e) In any hearings conducted under the licensing or regulation
provisions of sections 6 through 27, and amendments thereto, the presiding
officer may close the hearing to the public to prevent public disclosure of
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matters relating to persons restricted by other laws.
(f) Such records shall be confidential and shall not be subject to the
open records act, K.S.A. 45-215 et seq., and amendments thereto. The
provisions of this subsection shall expire on July 1, 2029, unless the
legislature reviews and reenacts this provision pursuant to K.S.A. 45-229,
and amendments thereto.
(g) This section shall take effect on and after July 1, 2026.
New Sec. 22. (a) The executive director of the Kansas office of early
childhood, in addition to any other penalty prescribed under article 5 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto,
may assess a civil fine, after proper notice and an opportunity to be heard
in accordance with the Kansas administrative procedure act, against a
licensee for each violation of such provisions or rules and regulations
adopted pursuant thereto which affect significantly and adversely the
health, safety or sanitation of children in a day care facility. Each civil fine
assessed under this section shall not exceed $500. In the case of a
continuing violation, every day such violation continues shall be deemed a
separate violation.
(b) All fines assessed and collected under this section shall be
remitted to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury to
the credit of the state general fund.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 23. (a) As used in this section:
(1) "Drop-in program" means a day care facility that is not located in
an individual's residence, that serves exclusively school-age children and
youth and where the operator permits children and youth to arrive at and
depart from the program at the child or youth's own volition at
unscheduled times.
(2) "Public recreation center" means any building used by a political
or taxing subdivision of this state, or by an agency of such subdivision, for
recreation programs that serve children who are less than 18 years of age.
(3) "School" means any building used for instruction of students
enrolled in kindergarten or any of the grades one through 12 by a school
district or an accredited nonpublic school.
(4) "School-age program" means a facility that serves exclusively
school-age children and youth but does not include a drop-in program.
(b) No license for a drop-in program or school-age program shall be
denied, suspended or revoked on the basis that the building does not meet
requirements for licensure if the building:
(1) Is a public recreation center or school and is used by school-age
children and youth the same age as children and youth cared for in the
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drop-in program or school-age program;
(2) complies, during all hours of operation of the drop-in program or
school-age program, with the Kansas fire prevention code or a building
code that is by law deemed to comply with the Kansas fire prevention
code; and
(3) complies, except as provided in subsection (c), during all hours of
operation of the drop-in program or school-age program, with all local
building code provisions that apply to recreation centers, if the building is
a public recreation center, or schools, if the building is a school.
(c) If the standards that a building is required to comply with
pursuant to subsections (b)(2) and (b)(3) conflict or are otherwise
inconsistent, then the standards provided by subsection (b)(2) shall control.
(d) No license for a drop-in program or school-age program that
operates in accordance with subsection (b)(1) shall be denied, suspended
or revoked based on an environmental deficiency if:
(1) The environmental deficiency does not pose an imminent risk to
children and youth;
(2) the environmental deficiency is outside the applicant's or
licensee's immediate authority to correct; and
(3) the applicant or licensee has notified the public recreation center
or school of the environmental deficiency.
(e) This section shall take effect on and after July 1, 2026.
New Sec. 24. (a) Any license, certificate of registration or temporary
permit which was issued prior to the effective date of sections 6 through
27, and amendments thereto, and which is in effect on the effective date of
sections 6 through 27, and amendments thereto, shall continue in effect
until the expiration thereof, unless suspended or revoked prior to such
time.
(b) This section shall take effect on and after July 1, 2026.
New Sec. 25. (a) As used in this section:
(1) "Day care home" means a day care home or a group day care
home as defined in section 6, and amendments thereto.
(2) "Smoking" means possession of a lighted cigarette, cigar, pipe or
burning tobacco in any other form or device designed for the use of
tobacco.
(b) Smoking within any room, enclosed area or other enclosed space
of a facility or facilities of a day care home during a time when children
who are not related by blood, marriage or legal adoption to the person who
maintains the home are being cared for as part of the operation of the day
care home within the facility or facilities is hereby prohibited. Nothing in
this subsection shall be construed to prohibit smoking on the premises of
the day care home outside the facility or facilities of a day care home,
including, but not limited to, porches, yards or garages.
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(c) Each day care license shall contain a statement in bold print that
smoking is prohibited within a room, enclosed area or other enclosed
space of the facility or facilities of the day care home under the conditions
specified in subsection (b). The statement shall be phrased in substantially
the same language as subsection (b). The license shall be posted in a
conspicuous place in the facility or facilities.
(d) Each day care home shall be equipped with a fire extinguisher
which shall be maintained in an operable condition in a readily accessible
location.
(e) The executive director of the Kansas office of early childhood
may levy a civil fine under section 22, and amendments thereto, against
any day care home for a first or second violation of this section. A third or
subsequent violation shall be subject to the provisions of section 19, and
amendments thereto.
(f) In addition to any civil fine which may be levied pursuant to
subsection (e), any day care home that violates any provision of this
section may also be subject to criminal punishment pursuant to K.S.A. 21-
4012, and amendments thereto.
(g) This section shall take effect on and after July 1, 2026.
New Sec. 26. (a) Except as otherwise provided, information and
records pertaining to the immunization status of persons against childhood
diseases as required by section 12, and amendments thereto, may be
disclosed and exchanged without a parent or guardian's written release
authorizing such disclosure to the following individuals and groups who
need to know such information in order to assure compliance with state
statutes or to achieve age appropriate immunization status for children:
(1) Employees of public agencies or departments;
(2) health records staff of day care facilities, including, but not
limited to, facilities licensed by the executive director of the Kansas office
of early childhood;
(3) persons other than public employees who are entrusted with the
regular care of those under the care and custody of a state agency
including, but not limited to, operators of day care facilities, group homes,
residential care facilities and adoptive or foster homes; and
(4) healthcare professionals.
(b) Information and records which pertain to the immunization status
of persons against childhood diseases as required by section 12, and
amendments thereto, whose parent or guardian has submitted a written
statement of religious objection to immunization as provided in section 12,
and amendments thereto, may not be disclosed or exchanged without a
parent or guardian's written release authorizing such disclosure.
(c) This section shall take effect on and after July 1, 2026.
New Sec. 27. (a) The executive director of the Kansas office of early
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childhood shall establish or cause to be established an online information
dissemination system that is accessible to the public, including names of
licensees, applicants and history of citations and substantiated findings.
The executive director shall adopt rules and regulations that are consistent
with the requirements for the receipt of child care ARRA funds and that
provide for the establishment of an online information dissemination
system in accordance with the provisions of this subsection.
(b) This section shall take effect on and after July 1, 2026.
Sec. 28. On and after July 1, 2026, K.S.A. 38-1901 is hereby amended
as follows: 38-1901 is hereby amended to read as follows: 38-1901. On
and after the effective date of this act:
(a) The advisory committee on children and families is hereby
redesignated and shall be known and referred to as the Kansas children's
cabinet as a division in the Kansas office of early childhood in accordance
with sections 1 through 5, and amendments thereto. The Kansas children's
cabinet shall review applications for any grant funding opportunities and
allocate such grants administered by the office.
(b) (1) The Kansas children's cabinet shall consist of 15 16 members
as follows:
(1)(A) The executive director of the Kansas office of early childhood;
(B) the secretary of health and environment, or the secretary's
designee;
(2)(C) the secretary for children and families, or the secretary's
designee;
(3)(D) a member of the state board of regents selected by the state
board of regents, or such member's designee;
(4)(E) the commissioner of education, or the commissioner's
designee;
(5)(F) the commissioner of juvenile justice secretary of corrections,
or the commissioner's secretary's designee;
(6)(G) a member of the Kansas supreme court selected by the Kansas
supreme court, or such member's designee;
(7)(H) five members of the public who are interested in and
knowledgeable about the needs of children and families shall be appointed
by the governor, which, subject to the provisions of subsection (e), may
include persons who are children's advocates, members of organizations
with experience in programs that benefit children or other individuals who
have experience with children's programs and services;
(8)(I) one person appointed by the speaker of the house of
representatives;
(9)(J) one person appointed by the minority leader of the house of
representatives;
(10)(K) one person appointed by the president of the senate; and
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(11)(L) one person appointed by the minority leader of the senate.
(2) The members designated by clauses (1), (2), (3), (4), (5) and (6)
(A) through (G) of this subsection shall be nonvoting members of the
Kansas children's cabinet. All other members shall be voting members.
(c) (1) Except as provided in paragraph (2) of this subsection, the
members of the Kansas children's cabinet appointed by the governor,
speaker, president and minority leaders shall serve for terms of four years
and until their successors are appointed and qualified. The governor shall
appoint a chairperson of the committee from among the members
appointed by the governor. The chairperson shall serve in such office
throughout such member's current term of office and until a successor is
appointed and qualified. The members of the Kansas children's cabinet
may elect any additional officers from among its members necessary to
carry out the duties and functions of the Kansas children's cabinet.
(2) Of the members first appointed by the governor, two shall be
appointed for terms of two years, two shall be appointed for terms of three
years and the member selected by the governor to be the chairperson shall
be appointed for a term of four years. The member first appointed by the
speaker of the house of representatives shall be appointed for a term of one
year, the member first appointed by the minority leader of the house of
representatives shall be appointed for a term of two years, the member first
appointed by the president of the senate shall be appointed for a term of
three years and the member first appointed by the minority leader of the
senate shall be appointed for a term of four years. The governor shall
designate the term for which each of the members first appointed by the
governor shall serve.
(3) All members appointed to fill vacancies in the membership of the
Kansas children's cabinet and all members appointed to succeed members
appointed to membership on the Kansas children's cabinet shall be
appointed in like manner as that provided for the original appointment of
the member succeeded. All members appointed to fill vacancies of a
member of the Kansas children's cabinet appointed by the governor, the
speaker of the house of representatives, the minority leader of the house of
representatives, the president of the senate or the minority leader of the
senate shall be appointed to fill the unexpired term of such member.
(d) Not more than three members of the Kansas children's cabinet
appointed by the governor under subsection (b)(7) (b)(1)(H) shall be
members of the same political party.
(e) (1) No person shall serve on the Kansas children's cabinet if such
person has knowingly acquired a substantial interest in any business. Any
such person who knowingly acquires such an interest shall vacate such
member's position on the Kansas children's cabinet.
(2) For purposes ofAs used in this subsection,:
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(A) "Substantial interest" means any of the following:
(A)(i) If an individual or an individual's spouse, either individually or
collectively, has owned within the preceding 12 months a legal or
equitable interest exceeding $5,000 or 5% of any business, whichever is
less, the individual has a substantial interest in that business.
(B)(ii) If an individual or an individual's spouse, either individually or
collectively, has received during the preceding calendar year compensation
which is or will be required to be included as taxable income on federal
income tax returns of the individual and spouse in an aggregate amount of
$2,000 from any business or combination of businesses, the individual has
a substantial interest in that business or combination of businesses.
(C)(iii) If an individual or an individual's spouse holds the position of
officer, director, associate, partner or proprietor of any business, the
individual has a substantial interest in that business, irrespective of that
amount of compensation received by the individual or the individual's
spouse.
(D)(iv) If an individual or an individual's spouse receives
compensation which is a portion or percentage of each separate fee or
commission paid to a business or combination of businesses, the individual
has a substantial interest in any client or customer who pays fees or
commissions to the business or combination of businesses from which fees
or commissions the individual or the individual's spouse, either
individually or collectively, received an aggregate of $2,000 or more in the
preceding calendar year.
(3) As used in this subsection,(B) "Client or customer" means a
business or combination of businesses.
(4) As used in this subsection,(C) "Business" means any entity
which is eligible to receive funds from the children's initiatives fund, as
provided in K.S.A. 38-2102, and amendments thereto, from the children's
initiatives accountability fund, established by K.S.A. 38-2103, and
amendments thereto, or from the family and children trust account of the
family and children investment fund, as provided in K.S.A. 38-1808, and
amendments thereto.
(f) The Kansas children's cabinet shall meet upon the call of the
chairperson as necessary to carry out the duties and functions of the
Kansas children's cabinet. A quorum of the Kansas children's cabinet shall
be five voting members.
(g) The Kansas children's cabinet shall have and perform the
following functions:
(1) Assist the governor in developing and implementing a
coordinated, comprehensive service delivery system to serve the children
and families of Kansas;
(2) identify barriers to service and gaps in service due to strict
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definitions of boundaries between departments and agencies;
(3) facilitate interagency and interdepartmental cooperation toward
the common goal of serving children and families;
(4) investigate and identify methodologies for the combining of funds
across departmental boundaries to better serve children and families;
(5) propose actions needed to achieve coordination of funding and
services across departmental lines;
(6) encourage and facilitate joint planning and coordination between
the public and private sectors to better serve the needs of children and
families; and
(7) perform the duties and functions prescribed by K.S.A. 38-2103,
and amendments thereto.
(h) Members of the Kansas children's cabinet shall not be paid
compensation, but shall receive subsistence allowances, mileage and other
expenses as provided by K.S.A. 75-3223, and amendments thereto. The
subsistence allowances, mileage and other expenses as provided in K.S.A.
75-3223, and amendments thereto, shall be paid from available
appropriations of the Kansas department for children and families Kansas
office of early childhood except that expenses of members who are
employed by a state agency shall be reimbursed by that state agency.
(i) On the effective date of this act, the advisory committee on
children and families is hereby abolished and all powers, duties, functions,
records and other property of the advisory committee on children and
families are hereby transferred to the Kansas children's cabinet created by
this section. Except as otherwise specifically provided by this act, the
Kansas children's cabinet shall be a continuation of the advisory
committee on children and families as it existed prior to the effective date
of this act.
Sec. 29. On and after July 1, 2026, K.S.A. 38-2103 is hereby amended
to read as follows: 38-2103. (a) The Kansas children's cabinet established
by K.S.A. 38-1901, and amendments thereto, shall advise the governor,
the executive director of the Kansas office of early childhood and the
legislature regarding the uses of the moneys credited to the children's
initiatives fund.
(b) The Kansas children's cabinet shall review, assess and evaluate all
uses of the moneys in the children's initiatives fund. The Kansas children's
cabinet shall study and shall initiate studies, assessments and evaluations,
by contract or otherwise, through institutions of higher education and other
appropriate research entities to identify best practices and to measure and
otherwise determine the efficiency and efficacy of practices that are
utilized in programs, projects, improvements, services and other purposes
for which moneys are allocated or appropriated from the children's
initiatives fund. The costs of such reviews, assessments and evaluations
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shall be paid from the children's initiatives accountability fund.
(c) There shall be conducted performance audits and other audit work
by the legislative post auditor upon request by the Kansas children's
cabinet and as directed by the legislative post audit committee in
accordance with the provisions of the legislative post audit act. The
purpose of such performance audits and other audit work shall be to
provide interested parties with the program evaluation and research needed
to make informed decisions for the uses of moneys credited to the
children's initiatives fund. The auditor to conduct such performance audit
or other audit work shall be specified in accordance with K.S.A. 46-1122,
and amendments thereto, and if the legislative post audit committee
specifies under such statute that a firm, as defined by K.S.A. 46-1112, and
amendments thereto, is to perform all or part of the audit work of such
audit, such firm shall be selected and shall perform such audit work as
provided in K.S.A. 46-1123, and amendments thereto, and K.S.A. 46-1125
through 46-1127, and amendments thereto. The audit work required
pursuant to this subsection shall be conducted in accordance with
generally accepted governmental auditing standards. The post auditor shall
compute the reasonably anticipated cost of the audit work performed by a
firm for such performance audit or other audit work pursuant to this
subsection, subject to review and approval by the contract audit committee
established by K.S.A. 46-1120, and amendments thereto, and the Kansas
children's cabinet shall pay such cost from the children's initiatives
accountability fund. If all or part of the audit work for such performance
audit or other audit work is performed by the division of post audit and the
division of post audit incurs costs in addition to those attributable to the
operations of the division of post audit in the performance of other duties
and responsibilities, the post auditor shall charge the Kansas children's
cabinet for such additional costs and the Kansas children's cabinet shall
pay such charges from the children's initiatives accountability fund. The
payment of any such costs and any such charges shall be a transaction
between the division of post audit and the Kansas children's cabinet and
such transaction shall be settled in accordance with the provisions of
K.S.A. 75-5516, and amendments thereto. All moneys received by the
division of post audit for such costs and charges shall be credited to the
audit services fund.
(d) There is hereby established in the state treasury the children's
initiatives accountability fund which shall be administered in accordance
with this section and the provisions of appropriation acts. The governor
shall recommend and the legislature shall provide for moneys to be
credited annually to the children's initiatives accountability fund by
transfers or other provisions of appropriation acts.
(e) All moneys credited to the children's initiatives accountability
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fund shall be used for the purposes of providing funding for assessment
and evaluation of programs, projects, improvements, services and other
purposes for which moneys are allocated or appropriated from the
children's initiatives fund. All expenditures from the children's initiatives
accountability fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved in the manner prescribed by law.
(f) On or before the 10
th
day of each month, the director of accounts
and reports shall transfer from the state general fund to the Kansas
endowment for youth fund interest earnings based on:
(1) The average daily balance of moneys in the children's initiatives
accountability fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for
the preceding month.
Sec. 30. On and after July 1, 2026, K.S.A. 65-503 is hereby amended
to read as follows: 65-503. As used in this act:
(a) "Child placement agency" means a business or service conducted,
maintained or operated by a person engaged in finding homes for children
by placing or arranging for the placement of such children for adoption or
foster care.
(b) "Child care resource and referral agency" means a business or
service conducted, maintained or operated by a person engaged in
providing resource and referral services, including information of specific
services provided by child care facilities, to assist parents to find child
care.
(c) (1) "Child care facility" means:
(1)(A) A facility maintained by a person who has control or custody
of one or more children under 16 years of age, unattended by parent or
guardian, for the purpose of providing the children with food or lodging,
or both, except children in the custody of the secretary for children and
families who are placed with a prospective adoptive family pursuant to the
provisions of an adoptive placement agreement or who are related to the
person by blood, marriage or legal adoption;
(2)(B) a children's home, orphanage, maternity home, day care
facility or other facility of a type determined by the secretary to require
regulation under the provisions of this act;
(3)(C) a child placement agency or child care resource and referral
agency, or a facility maintained by such an agency for the purpose of
caring for children under 16 years of age; or
(4)(D) any receiving or detention home for children under 16 years of
age provided or maintained by, or receiving aid from, any city or county or
the state.
(2) "Child care facility" does not include a day care facility, a day
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care home, child care center, preschool, school-age program or a child
care resources and referral agency.
(d) "Day care facility" means a child care facility that includes a day
care home, preschool, child care center, school-age program or other
facility of a type determined by the secretary executive director of the
Kansas office of early childhood to require regulation under the provisions
of K.S.A. 65-501 et seq. sections 6 through 27, and amendments thereto.
(e) "Person" means any individual, association, partnership,
corporation, government, governmental subdivision or other entity.
(f) "Boarding school" means a facility which provides 24-hour care to
school age children, provides education as its primary function, and is
accredited by an accrediting agency acceptable to the secretary of health
and environment.
(g) "Maternity center" means a facility which provides delivery
services for normal, uncomplicated pregnancies but does not include a
medical care facility as defined by K.S.A. 65-425, and amendments
thereto.
Sec. 31. On and after July 1, 2026, K.S.A. 65-504 is hereby amended
to read as follows: 65-504. (a) The secretary of health and environment
shall have the power to grant a license to a person to maintain a maternity
center or child care facility for children under 16 years of age. A license
granted to maintain a maternity center or child care facility shall state the
name of the licensee, describe the particular premises in or at which the
business shall be carried on, whether it shall receive and care for women
or children, and the number of women or children that may be treated,
maintained, boarded or cared for at any one time. No greater number of
women or children than is authorized in the license shall be kept on those
premises and the business shall not be carried on in a building or place not
designated in the license. The license shall be kept posted in a conspicuous
place on the premises where the business is conducted. A license granted
to maintain a day care facility shall have on its face an expiration sticker
stating the date of expiration of the license.
The secretary of health and environment shall grant no license in any
case until careful inspection of the maternity center or child care facility
shall have been made according to the terms of this act and until such
maternity center or child care facility has complied with all the
requirements of this act. Except as provided by this subsection, no license
shall be granted without the approval of the secretary for children and
families. The secretary of health and environment may issue, without the
approval of the secretary for children and families, a temporary permit to
operate for a period not to exceed 90 days upon receipt of an initial
application for license. The secretary of health and environment may
extend, without the approval of the secretary for children and families, the
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temporary permit to operate for an additional period not to exceed 90 days
if an applicant is not in full compliance with the requirements of this act
but has made efforts towards full compliance.
(b) (1) In all cases where the secretary for children and families
deems it necessary, an investigation of the maternity center or child care
facility shall be made under the supervision of the secretary for children
and families or other designated qualified agents. For that purpose and for
any subsequent investigations they shall have the right of entry and access
to the premises of the center or facility and to any information deemed
necessary to the completion of the investigation. In all cases where an
investigation is made, a report of the investigation of such center or facility
shall be filed with the secretary of health and environment.
(2) In cases where neither approval or disapproval can be given
within a period of 30 days following formal request for such a study, the
secretary of health and environment may issue a temporary license without
fee pending final approval or disapproval of the center or facility.
(c) Whenever the secretary of health and environment refuses to grant
a license to an applicant, the secretary shall issue an order to that effect
stating the reasons for such denial and within five days after the issuance
of such order shall notify the applicant of the refusal. Upon application not
more than 15 days after the date of its issuance a hearing on the order shall
be held in accordance with the provisions of the Kansas administrative
procedure act.
(d) When the secretary of health and environment finds upon
investigation or is advised by the secretary for children and families that
any of the provisions of this act or the provisions of K.S.A. 59-2123, and
amendments thereto, are being violated, or that the maternity center or
child care facility is maintained without due regard to the health, safety or
welfare of any woman or child, the secretary of health and environment
may issue an order revoking such license after giving notice and
conducting a hearing in accordance with the provisions of the Kansas
administrative procedure act. The order shall clearly state the reason for
the revocation.
(e) If the secretary revokes or refuses to renew a license, the licensee
who had a license revoked or not renewed shall not be eligible to apply for
a license for a period of one year subsequent to the date such revocation or
refusal to renew becomes final. If the secretary revokes or refuses to renew
a license of a licensee who is a repeat, three or more times, violator of
statutory requirements or rules and regulations or is found to have
contributed to the death or serious bodily harm of a child under such
licensee's care, such licensee shall be permanently prohibited from
applying for a new license to provide child care or from seeking
employment under another licensee.
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(f) Any applicant or licensee aggrieved by a final order of the
secretary of health and environment denying or revoking a license under
this act may appeal the order in accordance with the Kansas judicial
review act.
Sec. 32. On and after July 1, 2026, K.S.A. 65-508 is hereby amended
to read as follows: 65-508. (a) Any maternity center or child care facility
subject to the provisions of this act shall: (1) Be properly heated, plumbed,
lighted and ventilated; (2) have plumbing, water and sewerage systems
which conform to all applicable state and local laws; and (3) be operated
with strict regard to the health, safety and welfare of any woman or child.
(b) Every maternity center or child care facility shall furnish or cause
to be furnished for the use of each resident and employee individual towel,
wash cloth, comb and individual drinking cup or sanitary bubbling
fountain, and toothbrushes for all other than infants, and shall keep or
require such articles to be kept at all times in a clean and sanitary
condition. Every maternity center or child care facility shall comply with
all applicable fire codes and rules and regulations of the state fire marshal.
(c) (1) The secretary of health and environment with the cooperation
of the secretary for children and families shall develop and adopt rules and
regulations for the operation and maintenance of maternity centers and
child care facilities. The rules and regulations for operating and
maintaining maternity centers and child care facilities shall be designed to
promote the health, safety and welfare of any woman or child served in
such facilities by ensuring safe and adequate physical surroundings,
healthful food, adequate handwashing, safe storage of toxic substances and
hazardous chemicals, sanitary diapering and toileting, home sanitation,
supervision and care of the residents by capable, qualified persons of
sufficient number, after-hour care, an adequate program of activities and
services, sudden infant death syndrome and safe sleep practices training,
prohibition on corporal punishment, crib safety, protection from electrical
hazards, protection from swimming pools and other water sources, fire
drills, emergency plans, safety of outdoor playground surfaces, door locks,
safety gates and transportation and such appropriate parental participation
as may be feasible under the circumstances. Boarding schools are excluded
from requirements regarding the number of qualified persons who must
supervise and provide care to residents.
(2) Rules and regulations developed under this subsection shall
include provisions for the competent supervision and care of children in
day care facilities. For purposes of such rules and regulations, competent
supervision as this term relates to children less than five years of age
includes, but is not limited to, direction of activities, adequate oversight
including sight or sound monitoring, or both, physical proximity to
children, diapering and toileting practices; and for all children, competent
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supervision includes, but is not limited to, planning and supervision of
daily activities, safe sleep practices, including, but not limited to, visual or
sound monitoring, periodic checking, emergency response procedures and
drills, illness and injury response procedures, food service preparation and
sanitation, playground supervision, pool and water safety practices.
(d) In addition to any rules and regulations adopted under this section
for safe sleep practices, child care facilities shall ensure that all of the
following requirements are met for children under 12 months of age:
(1) A child shall only be placed to sleep on a surface and in an area
that has been approved for use as such by the secretary of health and
environment;
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) Child care facilities shall ensure that children over 12 months of
age only be placed to sleep on a surface and in an area that has been
approved for use as such by the secretary of health and environment.
(f) The secretary of health and environment may exercise discretion
to make exceptions to requirements in subsections (d) and (e) where
special health needs exist.
(g) Each child cared for in a child care facility, including children of
the person maintaining the facility, shall be required to have current such
immunizations as the secretary of health and environment considers
necessary. The person maintaining a child care facility shall maintain a
record of each child's immunizations and shall provide to the secretary of
health and environment such information relating thereto, in accordance
with rules and regulations of the secretary, but the person maintaining a
child care facility shall not have such person's license revoked solely for
the failure to have or to maintain the immunization records required by
this subsection.
(h) The immunization requirement of subsection (g) shall not apply if
one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the child's
life or health; or
(2) a written statement signed by a parent or guardian that the parent
or guardian is an adherent of a religious denomination whose teachings are
opposed to immunizations.
Sec. 33. On and after July 1, 2026, K.S.A. 65-512 is hereby amended
to read as follows: 65-512. (a) It is hereby made the duty of the secretary
of health and environment to inspect or cause to be inspected at least once
every 15 months prior to July 1, 2012, and once every 12 months
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thereafter, every maternity center or child care facility, unless otherwise
provided in subsections (b) and (c). For the purpose of inspection the
secretary or the secretary's authorized agent shall have the right of entry
and access thereto in every department and to every place in the premises,
shall call for and examine the records which are required to be kept by the
provisions of this act and shall make and preserve a record of every
inspection. The licensee shall give all reasonable information to the
authorized agent of the secretary of health and environment and shall
afford every reasonable facility for viewing the premises and seeing the
patients or children therein. No such patient or child without the consent of
the patient or child shall be required to be interviewed by any agent unless
the agent is an authorized person or a licensed physician.
(b) (1) On or after the effective date of this act, the secretary of health
and environment shall commence the inspection of registered family day
care homes pursuant to K.S.A. 65-533, and amendments thereto.
(2) The secretary of health and environment shall conduct an
inspection of any child care facility upon receiving a complaint. Any new
child care facility shall be inspected prior to issuance of a license. The
secretary may conduct an inspection of any child care facility that has a
record of repeated complaints or serious violations at any time. The
secretary shall inspect any child care facility that provides services to
military families receiving military assistance for child care every 12
months.
(c) (1) Except as provided in subsection (b)(2), the following
categories of child care facilities which were in compliance on the
effective date of this act are not required to be inspected until July 1, 2011:
Day care homes, as defined in K.A.R. 28-4-113; group day care homes, as
defined in K.A.R. 28-4-113; child care centers, as defined in K.A.R. 28-4-
420; preschools, as defined in K.A.R. 28-4-420; school-age programs, as
defined in K.A.R. 28-4-576; and drop-in programs, as defined in K.A.R.
28-4-700.
(2) The provisions of this subsection shall expire on July 1, 2011.
Sec. 34. On and after July 1, 2026, K.S.A. 2023 Supp. 65-516 is
hereby amended to read as follows: 65-516. (a) No person shall knowingly
maintain a child care facility if there resides, works or regularly volunteers
any person who in this state or in other states or the federal government:
(1) (A) Has been convicted of a crime that is classified as a person
felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
of the Kansas Statutes Annotated, and amendments thereto, or any felony
violation of any provision of the uniform controlled substances act prior to
July 1, 2009;
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(C) has been convicted of any act that is described in articles 34, 35
or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or
K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424,
and amendments thereto, or been convicted of an attempt under K.S.A. 21-
3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto, to
commit any such act or been convicted of conspiracy under K.S.A. 21-
3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, to
commit such act, or similar statutes of any other state or the federal
government;
(D) has been convicted of any act that is described in K.S.A. 21-4301
or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
thereto, or similar statutes of any other state or the federal government; or
(E) has been convicted of any act that is described in K.S.A. 21-3718
or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
thereto, or similar statutes of any other state or the federal government;
(2) except as provided in subsection (b), has been adjudicated a
juvenile offender because of having committed an act that if done by an
adult would constitute the commission of a felony and that is a crime
against persons, is any act described in articles 34, 35 or 36 of chapter 21
of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-
6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments
thereto, or similar statutes of any other state or the federal government, or
is any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal,
or K.S.A. 21-6401, and amendments thereto, or similar statutes of any
other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires
registration as a sex offender under the Kansas offender registration act,
K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
other state or as a sex offender on the national sex offender registry;
(4) has committed an act of physical, mental or emotional abuse or
neglect or sexual abuse and who is listed in the child abuse and neglect
registry maintained by the Kansas department for children and families
pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
abuse and neglect registries maintained by any other state or the federal
government and:
(A) The person has failed to successfully complete a corrective action
plan that had been deemed appropriate and approved by the Kansas
department for children and families or requirements of similar entities in
any other state or the federal government; or
(B) the record has not been expunged pursuant to rules and
regulations adopted by the secretary for children and families or similar
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entities in any other state or the federal government;
(5) has had a child removed from home based on a court order
pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
court order in any other state based upon a similar statute that finds the
child to be deprived or a child in need of care based on a finding of
physical, mental or emotional abuse or neglect or sexual abuse and the
child has not been returned to the home or the child reaches majority
before being returned to the home and the person has failed to
satisfactorily complete a corrective action plan approved by the
department of health and environment;
(6) has had parental rights terminated pursuant to the Kansas juvenile
code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
similar statute of other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
seq., and amendments thereto, or an immediate intervention agreement
pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) If the secretary determines there is no safety concern, the
secretary may license a family foster home, as defined in K.S.A. 38-134,
and amendments thereto, when a person who has been adjudicated as a
juvenile offender for an offense described in subsection (a)(2):
(1) Was a child in the custody of the secretary and placed with such
family foster home by the secretary;
(2) is 18 years of age or older;
(3) (A) maintains residence at such family foster home; or
(B) has been legally adopted by any person who resides at such
family foster home; and
(4) six months have passed since the date of adjudication.
(c) No person shall maintain a child care facility if such person has
been found to be a person in need of a guardian or a conservator, or both,
as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto.
(d) Any person who resides in a child care facility and who has been
found to be in need of a guardian or a conservator, or both, shall be
counted in the total number of children allowed in care.
(e) In accordance with the provisions of this subsection, the secretary
of health and environment shall have access to any court orders or
adjudications of any court of record, any records of such orders or
adjudications, criminal history record information including, but not
limited to, diversion agreements, in the possession of the Kansas bureau of
investigation and any report of investigations as authorized by K.S.A. 38-
2226, and amendments thereto, in the possession of the Kansas department
for children and families or court of this state concerning persons working,
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regularly volunteering or residing in a child care facility. The secretary
shall have access to these records for the purpose of determining whether
or not the home meets the requirements of K.S.A. 59-2132, 65-503, 65-
508 and 65-516, and amendments thereto.
(f) In accordance with the provisions of this subsection, the secretary
is authorized to conduct national criminal history record checks to
determine criminal history on persons residing, working or regularly
volunteering in a child care facility. In order to conduct a national criminal
history check the secretary shall require fingerprinting for identification
and determination of criminal history. The secretary shall submit the
fingerprints to the Kansas bureau of investigation and to the federal bureau
of investigation and receive a reply to enable the secretary to verify the
identity of such person and whether such person has been convicted of any
crime that would prohibit such person from residing, working or regularly
volunteering in a child care facility. The secretary is authorized to use
information obtained from the national criminal history record check to
determine such person's fitness to reside, work or regularly volunteer in a
child care facility.
(g) Local and state law enforcement officers and agencies shall assist
the secretary in taking and processing fingerprints of persons residing,
working or regularly volunteering in a child care facility and shall release
all records of adult convictions and nonconvictions and adult convictions
or adjudications of another state or country to the department.
(h) (1) The secretary shall adopt rules and regulations on or before
January 1, 2019, to fix a fee for fingerprinting persons residing, working or
regularly volunteering in a child care facility, as may be required by the
department to reimburse the department for the cost of the fingerprinting.
(2) The secretary shall remit all moneys received from the fees
established under this section to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury to the credit of the child care criminal background and
fingerprinting fund.
(i) The child care criminal background and fingerprinting fund is
hereby created in the state treasury to be administered by the secretary of
health and environment. All moneys credited to the child care criminal
background and fingerprinting fund shall be used to pay local and state
law enforcement officers and agencies for the processing of fingerprints
and criminal history background checks for the department. All
expenditures from the child care criminal background and fingerprinting
fund shall be made in accordance with appropriation acts upon warrants of
the director of accounts and reports issued pursuant to vouchers approved
by the secretary or by a person designated by the secretary.
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(j) The secretary shall notify the child care applicant or licensee,
within seven days by certified mail with return receipt requested, when the
result of the national criminal history record check or other appropriate
review reveals unfitness specified in subsections (a)(1) through (8) with
regard to the person who is the subject of the review.
(k) No child care facility or the employees thereof, shall be liable for
civil damages to any person refused employment or discharged from
employment by reason of such facility's or home's compliance with the
provisions of this section if such home acts in good faith to comply with
this section.
(l) For the purpose of subsection (a)(3), a person listed in the child
abuse and neglect central registry shall not be prohibited from residing,
working or volunteering in a child care facility unless such person has:
(1) Had an opportunity to be interviewed and present information
during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to
appeal such decision to the secretary and to the courts pursuant to the
Kansas judicial review act.
(m) In regard to Kansas issued criminal history records:
(1) The secretary of health and environment shall provide in writing
information available to the secretary to each child placement agency
requesting information under this section, including the information
provided by the Kansas bureau of investigation pursuant to this section, for
the purpose of assessing the fitness of persons living, working or regularly
volunteering in a family foster home under the child placement agency's
sponsorship.
(2) The child placement agency is considered to be a governmental
entity and the designee of the secretary of health and environment for the
purposes of obtaining, using and disseminating information obtained under
this section.
(3) The information shall be provided to the child placement agency
regardless of whether the information discloses that the subject of the
request has been convicted of any offense.
(4) Whenever the information available to the secretary reveals that
the subject of the request has no criminal history on record, the secretary
shall provide notice thereof in writing to each child placement agency
requesting information under this section.
(5) Any staff person of a child placement agency who receives
information under this subsection shall keep such information confidential,
except that the staff person may disclose such information on a need-to-
know basis to:
(A) The person who is the subject of the request for information;
(B) the applicant or operator of the family foster home in which the
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person lives, works or regularly volunteers;
(C) the department of health and environment;
(D) the Kansas department for children and families;
(E) the department of corrections; and
(F) the courts.
(6) A violation of the provisions of paragraph (5) shall be an
unclassified misdemeanor punishable by a fine of $100 for each violation.
(n) No person shall maintain a day care facility unless such person is
a high school graduate or the equivalent thereof, except where
extraordinary circumstances exist, the secretary of health and environment
may exercise discretion to make exceptions to this requirement. The
provisions of this subsection shall not apply to any person who was
maintaining a day care facility on the day immediately prior to July 1,
2010, or who had an application for an initial license or the renewal of an
existing license pending on July 1, 2010.
Sec. 35. On and after, July 1, 2026, K.S.A. 65-531 is hereby amended
to read as follows: 65-531. On and after July 1, 1996: (a) Except as
provided further, information and records which pertain to the
immunization status of persons against childhood diseases as required by
K.S.A. 65-508, and amendments thereto, may be disclosed and exchanged
without a parent or guardian's written release authorizing such disclosure,
to the following, who need to know such information to assure compliance
with state statutes or to achieve age appropriate immunization status for
children:
(1) Employees of public agencies or departments;
(2) health records staff of child care facilities, including, but not
limited to, facilities licensed by the secretary of health and environment;
(3) persons other than public employees who are entrusted with the
regular care of those under the care and custody of a state agency
including, but not limited to, operators of day care facilities, group homes,
residential care facilities and adoptive or foster homes; and
(4) health care professionals.
(b) Notwithstanding K.S.A. 60-427, and amendments thereto, or any
other Kansas statute which provides for privileged information between a
patient and a health care provider, there shall be no privilege preventing
the furnishing of information and records as authorized by this section by
any health care provider.
(c) Information and records which pertain to the immunization status
of persons against childhood diseases as required by K.S.A. 65-508, and
amendments thereto, whose parent or guardian has submitted a written
statement of religious objection to immunization as provided in K.S.A. 65-
508, and amendments thereto, may not be disclosed or exchanged without
a parent or guardian's written release authorizing such disclosure.
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Sec. 36. On and after July 1, 2026, K.S.A. 72-4162 is hereby
amended to read as follows: 72-4162. (a) The board of every school
district may: (1) Develop and operate a parent education program; (2)
enter into cooperative or interlocal agreements with one or more other
boards for the development and operation of a parent education program;
(3) contract with private, nonprofit corporations or associations or with
any public or private agency or institution, whether located within or
outside the state, for the provision of services which are appropriate to a
parent education program; and (4) apply for a grant of state moneys to
supplement amounts expended by the school district for development and
operation of a parent education program.
(b) In order to be eligible to receive a grant of state moneys for the
development and operation of a parent education program, a board shall
submit to the state board Kansas office of early childhood an application
for a grant and a description of the program. The application and
description shall be prepared in such form and manner as the state board
Kansas office of early childhood shall require and shall be submitted at a
time to be determined and specified by the state board Kansas office of
early childhood. Approval by the state board Kansas office of early
childhood of the program and the application is prerequisite to the award
of a grant.
(c) Each board which is awarded a grant under this act shall make
such periodic and special reports of statistical and financial information to
the state board Kansas office of early childhood as it may request.
Sec. 37. On and after July 1, 2026, K.S.A. 72-4163 is hereby
amended to read as follows: 72-4163. (a) The state board Kansas office of
early childhood shall adopt rules and regulations for the administration of
this act and shall:
(1) Establish standards and criteria for reviewing, evaluating and
approving parent education programs and applications of school districts
for grants;
(2) conduct a needs-assessment survey of school districts applying for
grants;
(3) evaluate and approve parent education programs;
(4) establish priorities in accordance with the findings of the needs-
assessment survey for the award of grants to school districts and for
determination of the amount of such grants;
(5) be responsible for awarding grants to school districts; and
(6) request of and receive from each school district which is awarded
a grant for development and operation of a parent education program
reports containing information with regard to the effectiveness of the
program.
(b) In evaluating and approving parent education programs for the
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award of grants to school districts, the state board Kansas office of early
childhood shall consider:
(1) Prior experiences of school districts in the development and
operation of parent education programs;
(2) level of effort exhibited by school districts in the development and
operation of parent education programs;
(3) the amounts budgeted by school districts for the development and
operation of parent education programs; and
(4) the potential effectiveness of the parent education programs for
which applications for the grant of state moneys are made.
Sec. 38. On and after July 1, 2026, K.S.A. 72-4164 is hereby
amended to read as follows: 72-4164. (a) (1) In the 1990-91 school year, to
the extent that appropriations are available therefor, and on the basis of
established priorities, the state board shall select for the award of grants of
state moneys those school districts, not to exceed 100 school districts,
which the state board determines to be most capable of developing and
operating successful parent education programs.
(2) In the 1991-92 school year, to the extent that appropriations are
available therefor, and on the basis of established priorities, the state board
shall select for the award of grants of state moneys those school districts,
not to exceed 200 school districts, which the state board determines to be
most capable of developing and operating successful parent education
programs.
(3) In the 1992-93 school year and in each school year thereafter, to
the extent that appropriations are available therefor, each school district
which that has developed and is operating an approved parent education
program shall be eligible to receive a grant of state moneys.
(b) The amount of a grant to a school district shall be determined by
the state board Kansas office of early childhood in accordance with
established priorities, but in no event shall such amount exceed the amount
of actual expenses incurred by the school district in the development and
operation of a program. If the amount of appropriations for parent
education programs is insufficient to pay in full the amount each school
district is determined to be eligible to receive, the state board Kansas
office of early childhood shall prorate the amount appropriated among all
school districts in proportion to the amount each such school district is
determined to be eligible to receive.
Sec. 39. On and after July 1, 2026, K.S.A. 72-4166 is hereby
amended to read as follows: 72-4166. The state board Kansas office of
early childhood in cooperation with the Kansas department for children
and families, the state department of health and environment, and other
appropriate associations and organizations, may provide any board, upon
its request therefor, with technical advice and assistance regarding the
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development and operation of a parent education program or an
application for a grant of state moneys, and may make studies and gather
and disseminate information regarding materials, resources, procedures
and personnel which are or may become available to assist school districts
in the development and operation of parent education programs.
Sec. 40. On and after July 1, 2026, K.S.A. 38-1901, 38-2103, 65-503,
65-504, 65-508, 65-512, 65-531, 72-4162, 72-4163, 72-4164 and 72-4166
and K.S.A. 2023 Supp. 65-516 are hereby repealed.
Sec. 41. This act shall take effect and be in force from and after its
publication in the statute book.
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