Kansas 2023-2024 Regular Session

Kansas Senate Bill SB501 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2024
2	2	SENATE BILL No. 501
3	3	By Committee on Ways and Means
4	4	2-9
5	5	AN ACT concerning state agencies; relating to early childhood;
6	6	consolidating the children's cabinet and other child services under the
7	7	Kansas office of early childhood; transferring the administration of
8	8	child care facility licensing, child care subsidy and the parents as
9	9	teachers program to the office; establishing the children's cabinet as a
10	10	division in the office; amending K.S.A. 38-1901, 38-2103, 65-503, 65-
11	11	504, 65-508, 65-512, 65-531, 72-4162, 72-4163, 72-4164 and 72-4166
12	12	and K.S.A. 2023 Supp. 65-516 and repealing the existing sections.
13	13	Be it enacted by the Legislature of the State of Kansas:
14	14	New Section 1. (a) There is hereby established within the executive
15	15	branch of government the Kansas office of early childhood.
16	16	(b) The Kansas office of early childhood shall be administered under
17	17	the direction and supervision of the executive director of early childhood.
18	18	(c) The governor shall appoint the executive director of early
19	19	childhood, subject to confirmation by the senate as provided in K.S.A. 75-
20	20	4315b, and amendments thereto. Except as provided in K.S.A. 46-2601,
21	21	and amendments thereto, no person appointed as executive director shall
22	22	exercise any power, duty or function as executive director until confirmed
23	23	by the senate.
24	24	(d) The executive director shall be in the unclassified service under
25	25	the Kansas civil service act and shall receive an annual salary to be fixed
26	26	by the governor. The executive director shall serve at the pleasure of the
27	27	governor.
28	28	(e) Except as provided in K.S.A. 38-2103, and amendments thereto,
29	29	all budgeting, purchasing and related management functions of the Kansas
30	30	office of early childhood, shall be administered under the direction and
31	31	supervision of the executive director of early childhood.
32	32	(f) All expenditures shall be made in accordance with appropriation
33	33	acts upon warrants of the director of accounts and reports issued pursuant
34	34	to vouchers approved by the executive director of early childhood, or the
35	35	executive director's designee.
36	36	(g) The provisions of the Kansas governmental operations
37	37	accountability law apply to the Kansas office of early childhood and the
38	38	office shall be subject to audit, review and evaluation under such law.
39	39	(h) The executive director shall maintain an office in Topeka, Kansas,
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76	76	and may maintain offices and facilities to carry out the function of the
77	77	office in other locations of the state.
78	78	(i) (1) On or after July 1, 2024, the governor shall appoint an
79	79	interagency transition team to begin office operations.
80	80	(2) On or before July 1, 2025:
81	81	(A) The governor shall appoint the executive director; and
82	82	(B) the office shall begin transitioning programs identified in section
83	83	3, and amendments thereto, from state agencies to the office.
84	84	(3) On or before July 1, 2026, all identified programs shall be under
85	85	the direction and supervision of the executive director, including staff and
86	86	other operational functions.
87	87	(j) Nothing in sections 1 through 5, and amendments thereto, shall be
88	88	construed to preempt, supersede or impinge on the authority of the Kansas
89	89	department for children and families provided in K.S.A. 75-3084 through
90	90	75-3089, and amendments thereto.
91	91	New Sec. 2. The Kansas office of early childhood shall be
92	92	responsible for carrying out the general policies of the governor and the
93	93	executive director of early childhood by:
94	94	(a) Supporting the healthy development of Kansas children through
95	95	the coordination of early childhood programs and services in the fields of
96	96	early childhood care, child care, home visitation and other related issues;
97	97	(b) managing and administering various programs serving young
98	98	children and families;
99	99	(c) maximizing administrative efficiencies to reduce burdens on
100	100	families and improve access to early childhood services;
101	101	(d) assisting the governor in developing and implementing a
102	102	comprehensive service delivery system for Kansas children and families;
103	103	(e) facilitating joint planning and coordination between the public and
104	104	private sector to better serve the needs of children and families and
105	105	increase access to care;
106	106	(f) ensuring consistent communication with service providers, parents
107	107	and other individuals and organizations interested in early childhood
108	108	services to effectively respond to parental and community need, provide
109	109	assistance navigating the state's early childhood system and elevate
110	110	parental options for care in the state's mixed-delivery system;
111	111	(g) supporting child care providers, including, but not limited to,
112	112	center-based providers, family child care home providers and employer-
113	113	based providers, through the licensure process, participate in state child
114	114	care programs and access funding or grant opportunities;
115	115	(h) developing metrics to evaluate efficiency and effectiveness of the
116	116	state's early childhood system and collecting the necessary data to measure
117	117	those metrics;
118	118	(i) supporting the early childhood service providers through the
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162	162	delivery of services that enhance the profession, uplift the profession and
163	163	support the creation of a sustainable workforce; and
164	164	(j) developing a comprehensive strategy to expand access to a greater
165	165	quantity of high-quality affordable care and services across every region of
166	166	Kansas.
167	167	New Sec. 3. (a) The executive director of early childhood shall:
168	168	(1) Collect metrics and information on services available to children
169	169	and families to better measure the efficiency of the state's early childhood
170	170	system and monitor benchmarks related to positive outcomes for children
171	171	and families;
172	172	(2) prepare and implement plans for a comprehensive service delivery
173	173	system for children and families;
174	174	(3) facilitate and coordinate interagency cooperation towards the goal
175	175	of serving children and families with a variety of other state agencies, such
176	176	as the Kansas department for children and families, the department of
177	177	health and environment, the department of corrections, the state board of
178	178	education, the state board of regents and any other state office, department
179	179	or board providing services to Kansas children and families;
180	180	(4) provide a central contact for federal and state agencies concerning
181	181	early childhood care and related services;
182	182	(5) provide a central contact for information and assistance for
183	183	children, families, communities and businesses in need of early childhood
184	184	care and related services;
185	185	(6) serve as the primary contact for the Kansas legislature on policy,
186	186	administrative support and constituent services relating to early childhood
187	187	care and related services;
188	188	(7) enter into such contracts and agreements as necessary or
189	189	incidental to the performance of the powers and duties of the executive
190	190	director;
191	191	(8) charge and collect, by order, a fee necessary for the administration
192	192	and processing of paper documents, including, but not limited to,
193	193	applications, registrations, permits, licenses, certifications, renewals,
194	194	reports and remittance of fees that are necessary or incidental to the
195	195	execution of the laws relating to the Kansas office of early childhood;
196	196	(9) adopt, amend or revoke any rules and regulations necessary to
197	197	carry out the provisions of sections 1 through 5, and amendments thereto,
198	198	and the programs and duties of the office;
199	199	(10) appoint and oversee directors of divisions within the office;
200	200	(11) transition the administration of the following programs to the
201	201	office:
202	202	(A) Child care assistance;
203	203	(B) children's initiative fund grants and early childhood block grants;
204	204	(C) day care facility licensing and early youth care programs;
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248	248	(D) children's cabinet accountability fund;
249	249	(E) child care quality;
250	250	(F) community-based child abuse prevention;
251	251	(G) child care capacity accelerator grants;
252	252	(H) children's cabinet administration;
253	253	(I) early childhood infrastructure;
254	254	(J) early childhood integrated data systems;
255	255	(K) head start collaboration office;
256	256	(L) healthy families America;
257	257	(M) Kansas early head start child care partnership;
258	258	(N) Kansas early head start home visitation;
259	259	(O) Kansas imagination library;
260	260	(P) maternal and child health home visitation;
261	261	(Q) maternal, infant and early childhood home visitation;
262	262	(R) parents as teachers;
263	263	(S) preschool development implementation grant for children from
264	264	birth to five years of age; and
265	265	(T) preschool development planning grant for children from birth to
266	266	five years of age;
267	267	(12) enter into agreements with the secretary of administration for the
268	268	provision of shared services, including, but not limited to, personnel and
269	269	other administrative services for the office; and
270	270	(13) prepare and submit an annual written report to relevant
271	271	legislative committees and to the governor that contains:
272	272	(A) The status of programs under the jurisdiction of the office of
273	273	early childhood;
274	274	(B) an overview of the fiscal and administrative structures required to
275	275	oversee the programs and services under the jurisdiction of the office of
276	276	early childhood;
277	277	(C) data and metrics on the service rates for children and families,
278	278	early childhood system efficiency, early childhood workforce and public-
279	279	private partnerships; and
280	280	(D) recommendations and considerations to improve delivery of early
281	281	childhood care and related services and support the healthy development
282	282	of Kansas children and families.
283	283	(b) Nothing in this section shall be construed to authorize the
284	284	executive director of the Kansas office of early childhood to administer the
285	285	preschool programs in K.S.A. 72-3215, 72-3410 and 72-5154, and
286	286	amendments thereto.
287	287	(c) Subject to the provisions of sections 1 through 5, and amendments
288	288	thereto, the executive director shall organize the Kansas office of early
289	289	childhood in the manner the executive director deems most efficient. The
290	290	executive director may establish policies governing the transaction of
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334	334	business of the office and the administration of each division within the
335	335	office. The director of each division of the department shall perform such
336	336	duties and exercise such powers as the executive director may prescribe
337	337	and such duties and powers as are prescribed by law. Such directors shall
338	338	act for and exercise the powers of the executive director to the extent
339	339	authority to do so is delegated by the executive director.
340	340	New Sec. 4. (a) Except as otherwise provided by law, and subject to
341	341	the Kansas civil service act, the executive director shall appoint:
342	342	(1) Subordinate officers and employees as are necessary to enable the
343	343	director to exercise or perform the functions, powers and duties pursuant
344	344	to sections 1 through 5, and amendments thereto;
345	345	(2) the director of the division of child care;
346	346	(3) the director of the division of home visitation;
347	347	(4) the director of the division of head start collaboration; and
348	348	(5) the director of the Kansas children's cabinet and trust fund.
349	349	(b) All subordinate officers and employees shall perform such duties
350	350	and exercise such powers as the executive director of the office may
351	351	prescribe and as perscribed by law, and shall act for and exercise the
352	352	powers of the executive director.
353	353	(c) Nothing in this section shall be construed to affect the status,
354	354	rights or benefits of civil service accrued or vested in any employee of the
355	355	Kansas children's cabinet and trust fund, the Kansas department for
356	356	children and families, the department for health and environment or the
357	357	state department of education.
358	358	New Sec. 5. (a) (1) There is established within and as a part of the
359	359	Kansas office of early childhood the division of child care. The division
360	360	shall oversee day care facility and child care resource and referral agency
361	361	licensing and child care finance and quality.
362	362	(2) The division of child care shall be administered by a director of
363	363	the division of child care, who shall be in the unclassified service under
364	364	the Kansas civil service act and appointed by the executive director.
365	365	(3) All of the powers, duties and functions of the existing day care
366	366	and child care resource and referral agency licensing programs pursuant to
367	367	sections 6 through 27, and amendments thereto, within the division of
368	368	public health with department of health and environment are hereby
369	369	transferred to the division of child care.
370	370	(4) Whenever day care and child care resource and referral agency
371	371	licensing, or words of like effect, is referred to or designated by any
372	372	statute, rule and regulation, contract or any other document, including any
373	373	statute, rule and regulation, contract or any document created pursuant to
374	374	the authorities transferred by this section, such reference or designation
375	375	shall apply to the division of child care. The office of early childhood shall
376	376	serve as the state lead agency for child care and development fund
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420	420	administration pursuant to 45 C.F.R. §§ 98.10 through 98.15.
421	421	(5) The division of child care may enter into agreements with the
422	422	Kansas department for children and families for the administration of child
423	423	care subsidy payments. If executed, such agreements shall require that the
424	424	secretary for children and families determine an applicant's eligibility for
425	425	the child care subsidy according to K.S.A. 39-709, and amendments
426	426	thereto, and provide information pertaining to such eligible applicants to
427	427	the division for administration of such benefits.
428	428	(b) (1) There is established within and as a part of the Kansas office
429	429	of early childhood the division of home visitation. The division shall
430	430	oversee home visitation programs.
431	431	(2) The division of home visitation shall be administered by a director
432	432	of the Kansas division of home visitation, who shall be in the unclassified
433	433	service under the Kansas civil service act and appointed by the executive
434	434	director.
435	435	(3) All of the powers, duties and functions of the existing home
436	436	visitation programs outlined in section 2, and amendments thereto, are
437	437	hereby transferred to the the division of home visitation.
438	438	(4) Whenever the existing home visitation programs outlined in
439	439	section 2, and amendments thereto, or words of like effect, are referred to
440	440	or designated by any statute, rule and regulation, contract or any other
441	441	document, including any statute, rule and regulation, contract or any
442	442	document created pursuant to the authorities transferred by this section,
443	443	such reference or designation shall apply to the division of home
444	444	visitation.
445	445	(c) (1) There is established within and as a part of the Kansas office
446	446	of early childhood the division of head start collaboration. The division
447	447	shall oversee the early head start home visitation program and early head
448	448	start child care partnerships.
449	449	(2) The division of head start collaboration shall be administered by a
450	450	director of the division of head start collaboration, who shall be in the
451	451	unclassified service under the Kansas civil service act and appointed by
452	452	the executive director.
453	453	(3) All of the powers, duties and functions of the existing head start
454	454	programs outlined in section 2, and amendments thereto, are hereby
455	455	transferred to the division of home visitation.
456	456	(4) Whenever the existing head start programs outlined in section 2,
457	457	and amendments thereto, or words of like effect, are referred to or
458	458	designated by any statute, rule and regulation, contract or any other
459	459	document, including any statute, rule and regulation, contract or any
460	460	document created pursuant to the authorities transferred by this section,
461	461	such reference or designation shall apply to the division of head start
462	462	collaboration.
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506	506	(d) (1) There is established within and as a part of the Kansas office
507	507	of early childhood the children's cabinet.
508	508	(2) The children's cabinet shall be administered by a director of the
509	509	children's cabinet, who shall be in the unclassified service under the
510	510	Kansas civil service act and appointed by the executive director.
511	511	(3) All of the powers, duties and functions of the existing children's
512	512	cabinet executive director are hereby transferred to the children's cabinet
513	513	as established pursuant to paragraph (1) under the Kansas office of early
514	514	childhood.
515	515	New Sec. 6. It shall be unlawful for any person, firm, corporation or
516	516	association to conduct or maintain a day care facility under 16 years of age
517	517	without having a license or temporary permit therefor from the executive
518	518	director of the Kansas office of early childhood. Nothing in sections 6
519	519	through 27, and amendments thereto, shall apply to:
520	520	(a) A residential facility or hospital that is operated and maintained by
521	521	a state agency as defined in K.S.A. 75-3701, and amendments thereto;
522	522	(b) child care facilities as defined in K.S.A. 65-503, and amendments
523	523	thereto; or
524	524	(c) a summer instructional camp that:
525	525	(1) Is operated by a Kansas educational institution as defined in
526	526	K.S.A. 74-32,120, and amendments thereto, or a postsecondary
527	527	educational institution as defined in K.S.A. 74-3201b, and amendments
528	528	thereto;
529	529	(2) is operated for not more than five weeks;
530	530	(3) provides instruction to children, all of whom are 10 years of age
531	531	or older; and
532	532	(4) is accredited by an agency or organization acceptable to the
533	533	executive director of the Kansas office of early childhood.
534	534	New Sec. 7. As used in sections 6 through 27, and amendments
535	535	thereto:
536	536	(a) "Child care resource and referral agency" means a business or
537	537	service conducted, maintained or operated by a person engaged in
538	538	providing resource and referral services, including information on specific
539	539	services provided by child care facilities, to assist parents to find child
540	540	care.
541	541	(b) "Day care facility" means a day care home, preschool, child care
542	542	center, school-age program or other facility of a type determined by the
543	543	executive director to require regulation under the provisions of sections 6
544	544	through 27, and amendments thereto.
545	545	(c) "Person" means any individual, association, partnership,
546	546	corporation, government, governmental subdivision or other entity.
547	547	New Sec. 8. (a) The executive director of the Kansas office of early
548	548	childhood shall have the power to grant a license to a person to maintain a
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592	592	day care facility for children under 16 years of age. A license granted to
593	593	maintain a day care facility shall state the name of the licensee, describe
594	594	the particular premises in or at which the business shall be carried on,
595	595	whether it shall receive and care for children, and the number of children
596	596	that may be cared for at any one time. No greater number of children than
597	597	is authorized in the license shall be kept on such premises and the business
598	598	shall not be carried on in a building or place not designated in the license.
599	599	The license shall be kept posted in a conspicuous place on such premises
600	600	where the business is conducted. A license granted to maintain a day care
601	601	facility shall have on its face an expiration sticker stating the date of
602	602	expiration of the license.
603	603	(b) The executive director of the Kansas office of early childhood
604	604	shall not grant a license in any case until careful inspection of the day care
605	605	facility has been made according to the terms of sections 6 through 27, and
606	606	amendments thereto, and until such day care facility has complied with all
607	607	the requirements of sections 6 through 27, and amendments thereto. The
608	608	executive director of the Kansas office of early childhood may issue a
609	609	temporary permit to operate for a period not to exceed 90 days upon
610	610	receipt of an initial application for license. The executive director of the
611	611	Kansas office of early childhood may extend the temporary permit to
612	612	operate for an additional period not to exceed 90 days if an applicant is not
613	613	in full compliance in accordance with sections 6 through 27, and
614	614	amendments thereto, but has made efforts toward full compliance.
615	615	(c) (1) In all cases where the secretary for children and families
616	616	deems it necessary, an investigation of the day care facility shall be made
617	617	under the supervision of the secretary for children and families or other
618	618	designated qualified agents. For that purpose and for any subsequent
619	619	investigations, such agents shall have the right of entry and access to the
620	620	premises of the center or facility and to any information deemed necessary
621	621	to the completion of the investigation. In all cases where an investigation
622	622	is made, a report of the investigation of such center or facility shall be filed
623	623	with the executive director of the Kansas office of early childhood.
624	624	(2) In cases where neither approval nor disapproval can be given
625	625	within a period of 30 days following a formal request for such a study, the
626	626	executive director of the Kansas office of early childhood may issue a
627	627	temporary license without a fee, pending final approval or disapproval of
628	628	the center or facility.
629	629	(d) Whenever the executive director of the Kansas office of early
630	630	childhood refuses to grant a license to an applicant, the executive director
631	631	of the Kansas office of early childhood shall issue an order to that effect
632	632	stating the reasons for such denial and, within five days after the issuance
633	633	of such order, notify the applicant of the refusal. Upon application and not
634	634	more than 15 days after the date of issuance of such order, a hearing on the
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678	678	order shall be held in accordance with the provisions of the Kansas
679	679	administrative procedure act.
680	680	(e) When the executive director of the Kansas office of early
681	681	childhood finds, upon investigation or is advised by the secretary for
682	682	children and families that any of the provisions of K.S.A. 59-2123, and
683	683	amendments thereto, or sections 6 through 27, and amendments thereto,
684	684	are being violated or the day care facility is maintained without due regard
685	685	to the health, safety or welfare of any child, the executive director of the
686	686	Kansas office of early childhood may issue an order revoking such license
687	687	after giving notice and conducting a hearing in accordance with the
688	688	provisions of the Kansas administrative procedure act. Such order shall
689	689	clearly state the reason for the revocation.
690	690	(f) If the executive director revokes or refuses to renew a license, the
691	691	licensee who had a license revoked or not renewed shall not be eligible to
692	692	apply for a license for a period of one year subsequent to the date such
693	693	revocation or refusal to renew becomes final. If the executive director
694	694	revokes or refuses to renew a license of a licensee who is a repeat violator
695	695	for three or more times of statutory requirements or rules and regulations
696	696	or is found to have contributed to the death or serious bodily harm of a
697	697	child under such licensee's care, such licensee shall be permanently
698	698	prohibited from applying for a new license to provide child care or from
699	699	seeking employment under another licensee.
700	700	(g) Any applicant or licensee aggrieved by a final order of the
701	701	executive director of the Kansas office of early childhood denying or
702	702	revoking a license under sections 6 through 27, and amendments thereto,
703	703	may appeal the order in accordance with the Kansas judicial review act.
704	704	(h) This section shall take effect on and after July 1, 2026.
705	705	New Sec. 9. (a) The annual fee for a license to conduct a day care
706	706	facility or child care resource and referral agency shall be fixed by the
707	707	executive director of the Kansas office of early childhood by rules and
708	708	regulations in an amount not exceeding the following:
709	709	(1) For a child care resource and referral agency, $150; and
710	710	(2) for any day care facility, $75 plus $1 multiplied by the maximum
711	711	number of children authorized under the license to be on the premises at
712	712	any one time.
713	713	(b) The license fee shall be paid to the executive director of the
714	714	Kansas office of early childhood when the license is applied for and
715	715	annually thereafter. The fee shall not be refundable. Fees in effect under
716	716	subsection (a) immediately prior to July 1, 2026, shall continue in effect on
717	717	and after July 1, 2026, until a different fee is established by the executive
718	718	director of the Kansas office of early childhood by rules and regulations
719	719	under this subsection.
720	720	(c) Any licensee who fails to renew such license within 30 days after
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764	764	the expiration of the license shall pay to the executive director the renewal
765	765	fee plus a late fee in an amount equal to the fee for the renewal of a
766	766	license.
767	767	(d) Any licensee applying for an amended license shall pay to the
768	768	executive director of the Kansas office of early childhood a fee established
769	769	by rules and regulations of the executive director in an amount not
770	770	exceeding $35.
771	771	(e) There is hereby created the day care facilities and child care
772	772	resource and referral agencies licensing fee fund. The executive director of
773	773	the Kansas office of early childhood shall remit all moneys received by the
774	774	executive director from fees under the provisions of this section to the
775	775	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
776	776	amendments thereto. Upon receipt of each such remittance, the state
777	777	treasurer, notwithstanding any other law to the contrary, shall deposit the
778	778	entire amount in the state treasury to the credit of the day care facilities
779	779	and child care resource and referral agencies licensing fee fund. All
780	780	expenditures from the day care facilities and child care resource and
781	781	referral agencies licensing fee fund shall be made only for the purposes of
782	782	sections 6 through 27, and amendments thereto, in accordance with
783	783	appropriation acts upon warrants of the director of accounts and reports
784	784	issued pursuant to vouchers approved by the executive director of the
785	785	Kansas office of early childhood or by the executive director's designee.
786	786	Notwithstanding any other law to the contrary, no moneys shall be
787	787	transferred or otherwise revert from this fund to the state general fund by
788	788	appropriation act or other act of the legislature. Moneys available under
789	789	this section by the creation of the day care facilities or child care resource
790	790	and referral agencies licensing fee fund shall not be substituted for or used
791	791	to reduce or eliminate moneys available to the Kansas office of early
792	792	childhood to administer the provisions of sections 6 through 27, and
793	793	amendments thereto. Nothing in sections 6 through 27, and amendments
794	794	thereto, shall be construed to authorize a reduction or elimination of
795	795	moneys made available by the state to local units of government for the
796	796	purposes of sections 6 through 27, and amendments thereto.
797	797	(f) This section shall take effect on and after July 1, 2026.
798	798	New Sec. 10. (a) The executive director of the Kansas office of early
799	799	childhood shall serve notice of the issuance, limitation, modification,
800	800	suspension or revocation of a license to conduct a day care facility to the
801	801	secretary for children and families, juvenile justice authority, state
802	802	department of education, office of the state fire marshal, county, city-
803	803	county or multi-county department of health and any licensed child
804	804	placement agency or licensed child care resource and referral agency
805	805	serving the area where the center or facility is located. A day care facility
806	806	or child care resource and referral agency that has had a license limited,
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850	850	modified, suspended, revoked or denied by the executive director of the
851	851	Kansas office of early childhood shall notify in writing the parents or
852	852	guardians of the enrollees of the limitation, modification, suspension,
853	853	revocation or denial. Neither the secretary for children and families nor
854	854	any other person shall place or cause to be placed any child under 16 years
855	855	of age in any day care facility or child care resource and referral agency
856	856	not licensed by the executive director of the Kansas office of early
857	857	childhood.
858	858	(b) This section shall take effect on and after July 1, 2026.
859	859	New Sec. 11. (a) Each day care facility licensee shall keep a record
860	860	upon forms prescribed and provided by the executive director of the
861	861	Kansas office of early childhood. Such record shall include the name and
862	862	age of each child received and cared for in the facility together with the
863	863	names and addresses of the parents or guardians of such children and such
864	864	other information as the executive director of the Kansas office of early
865	865	childhood may require. Each day care facility licensee shall apply to and
866	866	shall receive without charge from the executive director of the Kansas
867	867	office of early childhood forms for such records as may be required. Such
868	868	forms shall contain a copy of sections 6 through 27, and amendments
869	869	thereto.
870	870	(b) Information obtained under this section shall be confidential and
871	871	shall not be made public in a manner that would identify an individual.
872	872	(c) This section shall take effect on and after July 1, 2026.
873	873	New Sec. 12. (a) Each day care facility subject to the provisions of
874	874	sections 6 through 27, and amendments thereto, shall:
875	875	(1) Be properly heated, plumbed, lighted and ventilated;
876	876	(2) have plumbing, water and sewerage systems that conform to all
877	877	applicable state and local laws; and
878	878	(3) be operated with strict regard to the health, safety and welfare of
879	879	each child.
880	880	(b) Every day care facility shall furnish or cause to be furnished for
881	881	the use of each employee an individual towel, wash cloth, comb and
882	882	individual drinking cup or sanitary bubbling fountain and toothbrushes for
883	883	all other children than infants, and keep or require such articles to be kept
884	884	at all times in a clean and sanitary condition. Every day care facility or
885	885	child care resource and referral agency shall comply with all applicable
886	886	fire codes and rules and regulations of the state fire marshal.
887	887	(c) (1) The executive director of the Kansas office of early childhood
888	888	shall develop and adopt rules and regulations for the operation and
889	889	maintenance of day care facilities. The rules and regulations for operating
890	890	and maintaining day care facilities shall be designed to promote the health,
891	891	safety and welfare of any child served in such facilities by ensuring safe
892	892	and adequate physical surroundings, healthful food, adequate
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936	936	handwashing, safe storage of toxic substances and hazardous chemicals,
937	937	sanitary diapering and toileting, home sanitation, supervision and care of
938	938	the residents by capable, qualified persons of sufficient number, after-hour
939	939	care, an adequate program of activities and services, sudden infant death
940	940	syndrome and safe sleep practices training, prohibition on corporal
941	941	punishment, crib safety, protection from electrical hazards, protection from
942	942	swimming pools and other water sources, fire drills, emergency plans,
943	943	safety of outdoor playground surfaces, door locks, safety gates and
944	944	transportation and such appropriate parental participation as may be
945	945	feasible under the circumstances.
946	946	(2) Rules and regulations developed under this subsection shall
947	947	include provisions for the competent supervision and care of children in
948	948	day care facilities. For purposes of such rules and regulations, competent
949	949	supervision, as such term relates to children less than five years of age
950	950	includes, but is not limited to, direction of activities, adequate oversight
951	951	including sight or sound monitoring, or both, physical proximity to
952	952	children, diapering and toileting practices. Competent supervision, as such
953	953	term relates to all children, includes, but is not limited to, planning and
954	954	supervision of daily activities, safe sleep practices, including, but not
955	955	limited to, visual or sound monitoring, periodic checking, emergency
956	956	response procedures and drills, illness and injury response procedures,
957	957	food service preparation and sanitation, playground supervision, pool and
958	958	water safety practices.
959	959	(d) In addition to any rules and regulations adopted under this section
960	960	for safe sleep practices, a day care facility shall ensure that all of the
961	961	following requirements are met for children under 12 months of age:
962	962	(1) A child shall only be placed to sleep on a surface and in an area
963	963	that has been approved for use as such by the executive director of the
964	964	Kansas office of early childhood;
965	965	(2) the sleep surface shall be free from soft or loose bedding,
966	966	including, but not limited to, blankets, bumpers and pillows; and
967	967	(3) the sleep surface shall be free from toys, including mobiles and
968	968	other types of play equipment or devices.
969	969	(e) A day care facility shall ensure that children over 12 months of
970	970	age only be placed to sleep on a surface and in an area that has been
971	971	approved for use as such by the executive director of the Kansas office of
972	972	early childhood.
973	973	(f) The executive director of the Kansas office of early childhood
974	974	may exercise discretion to make exceptions to requirements in subsections
975	975	(d) and (e) where special health needs exist.
976	976	(g) Each child cared for in a day care facility, including children of
977	977	the person maintaining the facility, shall be required to have current
978	978	immunizations as the secretary of health and environment considers
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1022	1022	necessary. The person maintaining a day care facility shall maintain a
1023	1023	record of each child's immunizations and provide to the secretary of health
1024	1024	and environment and the executive director of the Kansas office of early
1025	1025	childhood such information relating thereto, in accordance with rules and
1026	1026	regulations of the secretary of health and environment and executive
1027	1027	director, except that the person maintaining a day care facility shall not
1028	1028	have such person's license revoked solely for the failure to have or
1029	1029	maintain the immunization records required by this subsection.
1030	1030	(h) The immunization requirement of subsection (g) shall not apply if
1031	1031	one of the following is obtained:
1032	1032	(1) Certification from a licensed physician stating that the physical
1033	1033	condition of the child is such that immunization would endanger the child's
1034	1034	life or health; or
1035	1035	(2) a written statement signed by a parent or guardian that the parent
1036	1036	or guardian is an adherent of a religious denomination whose teachings are
1037	1037	opposed to immunizations.
1038	1038	(i) This section shall take effect on and after July 1, 2026.
1039	1039	New Sec. 13. (a) It shall be unlawful for any day care facility to
1040	1040	receive or care for any adult except as authorized by rules and regulations
1041	1041	adopted by the secretary of health and environment and the executive
1042	1042	director of the Kansas office for early childhood.
1043	1043	(b) This section shall take effect on and after July 1, 2026.
1044	1044	New Sec. 14. (a) It is hereby made the duty of the executive director
1045	1045	of the Kansas office of early childhood to inspect or cause to be inspected
1046	1046	on or after July 1, 2026, and once every 12 months thereafter, every day
1047	1047	care facility, unless otherwise provided in subsection (b). For the purpose
1048	1048	of inspection, the executive director or the executive director's authorized
1049	1049	agent shall have the right of entry and access thereto, in every department
1050	1050	and to every place in the premises, call for and examine the records that
1051	1051	are required to be kept according to the provisions of sections 6 through
1052	1052	27, and amendments thereto, and make and preserve a record of every
1053	1053	inspection. The licensee shall give all reasonable information to the
1054	1054	authorized agent of the executive director of the Kansas office of early
1055	1055	childhood and afford every reasonable facility for viewing the premises
1056	1056	and seeing the children therein. No such child without the consent of the
1057	1057	child shall be required to be interviewed by any agent unless the agent is
1058	1058	an authorized person.
1059	1059	(b) The executive director of the Kansas office of early childhood
1060	1060	shall conduct an inspection of any day care facility upon receiving a
1061	1061	complaint. Any new day care facility shall be inspected prior to issuance of
1062	1062	a license. The executive director may conduct an inspection of any day
1063	1063	care facility that has a record of repeated complaints or serious violations
1064	1064	at any time. The executive director shall inspect any day care facility that
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1108	1108	provides services to military families receiving military assistance for
1109	1109	child care every 12 months.
1110	1110	(c) This section shall take effect on and after July 1, 2026.
1111	1111	New Sec. 15. (a) Whenever an authorized agent of the executive
1112	1112	director of the Kansas office of early childhood or the secretary for
1113	1113	children and families finds a day care facility that is not being conducted
1114	1114	according to law, it shall be the duty of such agent to notify the licensee in
1115	1115	writing of such changes or alterations as such agent determines necessary
1116	1116	in order to comply with the requirements of the law, and such agent shall
1117	1117	file a copy of such notice with the executive director of the Kansas office
1118	1118	of early childhood. It shall thereupon be the duty of the licensee to make
1119	1119	such changes or alterations as are contained in the written notice within
1120	1120	five days from the receipt of such notice. Notice shall be given in
1121	1121	accordance with the provisions of the Kansas administrative procedure act.
1122	1122	(b) This section shall take effect on and after July 1, 2026.
1123	1123	New Sec. 16. (a) Any person, firm, corporation or association who
1124	1124	violates the provisions of sections 6 through 27, and amendments thereto,
1125	1125	shall be guilty of a misdemeanor, and upon conviction shall be fined not
1126	1126	less than $5 but not more than $50. Each and every day that the person
1127	1127	fails or refuses to comply with such provisions shall be deemed a separate
1128	1128	offense under sections 6 through 27, and amendments thereto. If, for 30
1129	1129	days after any final conviction for such violation or revocation of license,
1130	1130	the person still fails or refuses to comply with the orders in the notice
1131	1131	under section 15, and amendments thereto, upon notice and a hearing in
1132	1132	accordance with the provisions of the Kansas administrative procedure act,
1133	1133	the building or premises where such home is conducted may be closed
1134	1134	until such person has complied with all provisions of sections 6 through
1135	1135	27, and amendments thereto.
1136	1136	(b) This section shall take effect on and after July 1, 2026.
1137	1137	New Sec. 17. (a) The county attorney of each county in this state is
1138	1138	hereby authorized and required, upon complaint of any authorized agent of
1139	1139	the executive director of the Kansas office of early childhood, to file a
1140	1140	complaint and prosecute to the final determination all actions or
1141	1141	proceedings against any person under the provisions of sections 6 through
1142	1142	27, and amendments thereto.
1143	1143	(b) This section shall take effect on and after July 1, 2026.
1144	1144	New Sec. 18. (a) No person shall knowingly maintain a day care
1145	1145	facility if there resides, works or regularly volunteers any person who in
1146	1146	this state or in other states or the federal government:
1147	1147	(1) (A) Has been convicted of a crime that is classified as a person
1148	1148	felony under the Kansas criminal code;
1149	1149	(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
1150	1150	36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
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1194	1194	of the Kansas Statutes Annotated, and amendments thereto, or any felony
1195	1195	violation of any provision of the uniform controlled substances act prior to
1196	1196	July 1, 2009;
1197	1197	(C) has been convicted of any act that is described in articles 34, 35
1198	1198	or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
1199	1199	or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and
1200	1200	amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418
1201	1201	through 21-6422 or 21-6424, and amendments thereto, or been convicted
1202	1202	of an attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301,
1203	1203	and amendments thereto, to commit any such act or been convicted of
1204	1204	conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302,
1205	1205	and amendments thereto, to commit such act, or similar statutes of any
1206	1206	other state or the federal government;
1207	1207	(D) has been convicted of any act that is described in K.S.A. 21-4301
1208	1208	or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
1209	1209	thereto, or similar statutes of any other state or the federal government; or
1210	1210	(E) has been convicted of any act that is described in K.S.A. 21-3718
1211	1211	or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
1212	1212	thereto, or similar statutes of any other state or the federal government;
1213	1213	(2) except as provided in subsection (b), has been adjudicated a
1214	1214	juvenile offender because of having committed an act that if done by an
1215	1215	adult would constitute the commission of a felony and that is a crime
1216	1216	against persons, is any act described in articles 34, 35 or 36 of chapter 21
1217	1217	of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
1218	1218	56 of chapter 21 of the Kansas Statutes Annotated, and amendments
1219	1219	thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422
1220	1220	or 21-6422, and amendments thereto, or similar statutes of any other state
1221	1221	or the federal government, or is any act described in K.S.A. 21-4301 or 21-
1222	1222	4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto,
1223	1223	or similar statutes of any other state or the federal government;
1224	1224	(3) has been convicted or adjudicated of a crime that requires
1225	1225	registration as a sex offender under the Kansas offender registration act,
1226	1226	K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
1227	1227	other state or on the national sex offender registry;
1228	1228	(4) has committed an act of physical, mental or emotional abuse or
1229	1229	neglect or sexual abuse and who is listed in the child abuse and neglect
1230	1230	registry maintained by the Kansas department for children and families
1231	1231	pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
1232	1232	abuse and neglect registries maintained by any other state or the federal
1233	1233	government and:
1234	1234	(A) Has failed to successfully complete a corrective action plan that
1235	1235	has been deemed appropriate and approved by the Kansas department for
1236	1236	children and families or requirements of similar entities in any other state
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1280	1280	or the federal government; or
1281	1281	(B) such person's record has not been expunged;
1282	1282	(5) has had a child removed from home based on a court order
1283	1283	pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
1284	1284	court order from any other state based upon a similar statute that finds the
1285	1285	child to be deprived or a child in need of care based on a finding of
1286	1286	physical, mental or emotional abuse or neglect or sexual abuse and the
1287	1287	child has not been returned to the home or the child has reached the age of
1288	1288	majority before being returned to the home and the person has failed to
1289	1289	satisfactorily complete a corrective action plan approved by the
1290	1290	department of health and environment;
1291	1291	(6) has had parental rights terminated pursuant to the Kansas juvenile
1292	1292	code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
1293	1293	similar statute of other states;
1294	1294	(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
1295	1295	seq., and amendments thereto, or an immediate intervention agreement
1296	1296	pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
1297	1297	of child abuse or a sexual offense; or
1298	1298	(8) has an infectious or contagious disease.
1299	1299	(b) Notwithstanding the provisions in subsection (a), no person shall
1300	1300	maintain a day care facility if such person has been found to be a person in
1301	1301	need of a guardian or a conservator, or both, as provided in K.S.A. 59-
1302	1302	3050 through 59-3095, and amendments thereto.
1303	1303	(c) Any person who resides in a day care facility and who has been
1304	1304	found to be in need of a guardian or a conservator, or both, shall be
1305	1305	counted in the total number of children allowed in care.
1306	1306	(d) In accordance with the provisions of this subsection, the executive
1307	1307	director of the Kansas office of early childhood shall have access to any
1308	1308	court orders or adjudications of any court of record, any records of such
1309	1309	orders or adjudications, criminal history record information, including, but
1310	1310	not limited to, diversion agreements in the possession of the Kansas
1311	1311	bureau of investigation and any report of investigations as authorized by
1312	1312	K.S.A. 38-2226, and amendments thereto, or the Kansas department for
1313	1313	children and families or court of this state concerning persons working,
1314	1314	regularly volunteering or residing in a day care facility. The executive
1315	1315	director shall have access to these records for the purpose of determining
1316	1316	whether or not the home meets the requirements of K.S.A. 59-2132, and
1317	1317	amendments thereto, and sections 7, 12 and 18, and amendments thereto.
1318	1318	(e) In accordance with the provisions of this subsection, the executive
1319	1319	director is authorized to conduct national criminal history record checks to
1320	1320	determine criminal history on persons residing, working or regularly
1321	1321	volunteering in a day care facility. In order to conduct a national criminal
1322	1322	history check, the executive director shall require fingerprinting for
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1366	1366	identification and determination of criminal history. The executive director
1367	1367	shall submit the fingerprints to the Kansas bureau of investigation and to
1368	1368	the federal bureau of investigation and receive a reply to enable the
1369	1369	executive director to verify the identity of such person and whether such
1370	1370	person has been convicted of any crime that would prohibit such person
1371	1371	from residing, working or regularly volunteering in a day care facility. The
1372	1372	executive director is authorized to use information obtained from the
1373	1373	national criminal history record check to determine such person's fitness to
1374	1374	reside, work or regularly volunteer in a day care facility.
1375	1375	(f) Local and state law enforcement officers and agencies shall assist
1376	1376	the executive director in the taking and processing of fingerprints of
1377	1377	persons residing, working or regularly volunteering in a day care facility
1378	1378	and release all records of adult convictions and nonconvictions and adult
1379	1379	convictions or adjudications of another state or country to the department.
1380	1380	(g) (1) The executive director shall adopt rules and regulations to fix
1381	1381	a fee for fingerprinting persons residing, working or regularly volunteering
1382	1382	in a day care facility, as may be required by the department to reimburse
1383	1383	the department for the cost of the fingerprinting.
1384	1384	(2) The executive director shall remit all moneys received from the
1385	1385	fees established under this section to the state treasurer in accordance with
1386	1386	the provisions of K.S.A. 72-4215, and amendments thereto. Upon receipt
1387	1387	of each such remittance, the state treasurer shall deposit the entire amount
1388	1388	in the state treasury to the credit of the child care criminal background and
1389	1389	fingerprinting fund.
1390	1390	(h) The day care criminal background and fingerprinting fund is
1391	1391	hereby created in the state treasury to be administered by the executive
1392	1392	director of the Kansas office of early childhood. All moneys credited to the
1393	1393	day care criminal background and fingerprinting fund shall be used to pay
1394	1394	local and state law enforcement officers and agencies for the processing of
1395	1395	fingerprints and criminal history background checks for the department.
1396	1396	All expenditures from the day care criminal background and fingerprinting
1397	1397	fund shall be made in accordance with appropriation acts upon warrants of
1398	1398	the director of accounts and reports issued pursuant to vouchers approved
1399	1399	by the executive director or the executive director's designee.
1400	1400	(i) The executive director shall notify the day care applicant or
1401	1401	licensee within seven days by certified mail, with return receipt requested,
1402	1402	when the result of the national criminal history record check or other
1403	1403	appropriate review that reveals unfitness specified in subsection (a)(1)
1404	1404	through (a)(8) of the person who is the subject of the review.
1405	1405	(j) No day care facility or the employees thereof shall be liable for
1406	1406	civil damages to any person refused employment or discharged from
1407	1407	employment by reason of such facility's or home's compliance with the
1408	1408	provisions of this section, if such home acts in good faith to comply with
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1452	1452	this section.
1453	1453	(k) For the purpose of subsection (a)(3), a person listed in the child
1454	1454	abuse and neglect central registry shall not be prohibited from residing,
1455	1455	working or volunteering in a day care facility unless such person has:
1456	1456	(1) Had an opportunity to be interviewed and present information
1457	1457	during the investigation of the alleged act of abuse or neglect; and
1458	1458	(2) been given notice of the agency decision and an opportunity to
1459	1459	appeal such decision to the executive director and to the courts pursuant to
1460	1460	the Kansas judicial review act.
1461	1461	(l) No person shall maintain a day care facility unless such person is a
1462	1462	high school graduate or the equivalent thereof, except that, if extraordinary
1463	1463	circumstances exist, the executive director of the Kansas office of early
1464	1464	childhood may exercise discretion to make exceptions to this requirement.
1465	1465	The provisions of this subsection shall not apply to any person who was
1466	1466	maintaining a day care facility on the day immediately prior to July 1,
1467	1467	2010.
1468	1468	(m) This section shall take effect on and after July 1, 2026.
1469	1469	New Sec. 19. (a) The executive director may limit, modify or suspend
1470	1470	any license or temporary permit issued under the provisions of sections 6
1471	1471	through 18 , and amendments thereto, upon any of the following grounds
1472	1472	and in the manner provided in sections 6 through 27, and amendments
1473	1473	thereto:
1474	1474	(1) Violation by the licensee or holder of a temporary permit of any
1475	1475	provision of sections 6 through 27, and amendments thereto, or of the rules
1476	1476	and regulations promulgated under sections 6 through 27, and amendments
1477	1477	thereto;
1478	1478	(2) aiding, abetting or permitting the violating of any provision of
1479	1479	sections 6 through 27, and amendments thereto, or of the rules and
1480	1480	regulations promulgated under sections 6 through 27, and amendments
1481	1481	thereto;
1482	1482	(3) conduct in the operation or maintenance, or both the operation and
1483	1483	maintenance, of a day care facility that is inimical to the health, safety or
1484	1484	welfare of any child receiving services from such day care facility or to the
1485	1485	public;
1486	1486	(4) the conviction of a licensee or holder of a temporary permit, at
1487	1487	any time during licensure or during the time the temporary permit is in
1488	1488	effect, of crimes as defined in section 18, and amendments thereto; and
1489	1489	(5) a third or subsequent violation by the licensee or holder of a
1490	1490	temporary permit of section 25(b), and amendments thereto.
1491	1491	(b) This section shall take effect on and after July 1, 2026.
1492	1492	New Sec. 20. (a) The executive director may limit, modify or suspend
1493	1493	any license or temporary permit issued under the provisions of sections 6
1494	1494	through 18, and amendments thereto, prior to any hearing when, in the
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1538	1538	opinion of the executive director, the action is necessary to protect any
1539	1539	child in the day care facility from physical or mental abuse, abandonment
1540	1540	or any other substantial threat to health, safety or welfare. Administrative
1541	1541	proceedings under this section shall be conducted in accordance with the
1542	1542	emergency adjudicative proceedings of the Kansas administrative
1543	1543	procedure act and in accordance with other relevant provisions of the
1544	1544	Kansas administrative procedure act.
1545	1545	(b) This section shall take effect on and after July 1, 2026.
1546	1546	New Sec. 21. (a) Records in the possession of the executive director
1547	1547	of early childhood or such director's agents regarding day care facilities
1548	1548	shall not be released publicly in a manner that would identify individuals,
1549	1549	except individual names of licensees, applicants, facilities and day care
1550	1550	facilities may be released. Nothing in this section prohibits release of any
1551	1551	information as required by law.
1552	1552	(b) Records in the possession of the executive director of early
1553	1553	childhood or such director's agents regarding day care facilities may be
1554	1554	released to:
1555	1555	(1) An agency or organization authorized to receive notice under
1556	1556	section 10, and amendments thereto;
1557	1557	(2) any local, state or federal governmental entity or subdivision
1558	1558	thereof;
1559	1559	(3) any child and adult care food program sponsoring agency; or
1560	1560	(4) any disaster or emergency entity.
1561	1561	(c) The executive director of the Kansas office of early childhood
1562	1562	shall prohibit the release of the name, address and telephone number of a
1563	1563	day care facility if the executive director determines that prohibition of the
1564	1564	release of the information is necessary to protect the health, safety or
1565	1565	welfare of the public or the children enrolled in the day care facility.
1566	1566	(d) Any records under subsection (a), (b) or (c) shall be available to
1567	1567	any member of the standing committee on appropriations of the house of
1568	1568	representatives or the standing committee on ways and means of the senate
1569	1569	carrying out such member's or committee's official functions in accordance
1570	1570	with K.S.A. 75-4319, and amendments thereto, in a closed or executive
1571	1571	meeting. Except in limited conditions established by ⅔ of the members of
1572	1572	such committee, records received by the committee shall not be further
1573	1573	disclosed. Unauthorized disclosure may subject such member to discipline
1574	1574	or censure from the house of representatives or senate. Such records shall
1575	1575	not identify individuals but shall include data and contact information
1576	1576	concerning specific facilities.
1577	1577	(e) In any hearings conducted under the licensing or regulation
1578	1578	provisions of sections 6 through 27, and amendments thereto, the presiding
1579	1579	officer may close the hearing to the public to prevent public disclosure of
1580	1580	matters relating to persons restricted by other laws.
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1624	1624	(f) Such records shall be confidential and shall not be subject to the
1625	1625	open records act, K.S.A. 45-215 et seq., and amendments thereto. The
1626	1626	provisions of this subsection shall expire on July 1, 2029, unless the
1627	1627	legislature reviews and reenacts this provision pursuant to K.S.A. 45-229,
1628	1628	and amendments thereto.
1629	1629	(g) This section shall take effect on and after July 1, 2026.
1630	1630	New Sec. 22. (a) The executive director of the Kansas office of early
1631	1631	childhood, in addition to any other penalty prescribed under article 5 of
1632	1632	chapter 65 of the Kansas Statutes Annotated, and amendments thereto,
1633	1633	may assess a civil fine, after proper notice and an opportunity to be heard
1634	1634	in accordance with the Kansas administrative procedure act, against a
1635	1635	licensee for each violation of such provisions or rules and regulations
1636	1636	adopted pursuant thereto which affect significantly and adversely the
1637	1637	health, safety or sanitation of children in a day care facility. Each civil fine
1638	1638	assessed under this section shall not exceed $500. In the case of a
1639	1639	continuing violation, every day such violation continues shall be deemed a
1640	1640	separate violation.
1641	1641	(b) All fines assessed and collected under this section shall be
1642	1642	remitted to the state treasurer in accordance with the provisions of K.S.A.
1643	1643	75-4215, and amendments thereto. Upon receipt of each such remittance,
1644	1644	the state treasurer shall deposit the entire amount in the state treasury to
1645	1645	the credit of the state general fund.
1646	1646	(c) This section shall take effect on and after July 1, 2026.
1647	1647	New Sec. 23. (a) As used in this section:
1648	1648	(1) "Drop-in program" means a day care facility that is not located in
1649	1649	an individual's residence, that serves exclusively school-age children and
1650	1650	youth and where the operator permits children and youth to arrive at and
1651	1651	depart from the program at the child or youth's own volition at
1652	1652	unscheduled times.
1653	1653	(2) "Public recreation center" means any building used by a political
1654	1654	or taxing subdivision of this state, or by an agency of such subdivision, for
1655	1655	recreation programs that serve children who are less than 18 years of age.
1656	1656	(3) "School" means any building used for instruction of students
1657	1657	enrolled in kindergarten or any of the grades one through 12 by a school
1658	1658	district or an accredited nonpublic school.
1659	1659	(4) "School-age program" means a facility that serves exclusively
1660	1660	school-age children and youth but does not include a drop-in program.
1661	1661	(b) No license for a drop-in program or school-age program shall be
1662	1662	denied, suspended or revoked on the basis that the building does not meet
1663	1663	requirements for licensure if the building:
1664	1664	(1) Is a public recreation center or school and is used by school-age
1665	1665	children and youth the same age as children and youth cared for in the
1666	1666	drop-in program or school-age program;
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1710	1710	(2) complies, during all hours of operation of the drop-in program or
1711	1711	school-age program, with the Kansas fire prevention code or a building
1712	1712	code that is by law deemed to comply with the Kansas fire prevention
1713	1713	code; and
1714	1714	(3) complies, except as provided in subsection (c), during all hours of
1715	1715	operation of the drop-in program or school-age program, with all local
1716	1716	building code provisions that apply to recreation centers, if the building is
1717	1717	a public recreation center, or schools, if the building is a school.
1718	1718	(c) If the standards that a building is required to comply with
1719	1719	pursuant to subsections (b)(2) and (b)(3) conflict or are otherwise
1720	1720	inconsistent, then the standards provided by subsection (b)(2) shall control.
1721	1721	(d) No license for a drop-in program or school-age program that
1722	1722	operates in accordance with subsection (b)(1) shall be denied, suspended
1723	1723	or revoked based on an environmental deficiency if:
1724	1724	(1) The environmental deficiency does not pose an imminent risk to
1725	1725	children and youth;
1726	1726	(2) the environmental deficiency is outside the applicant's or
1727	1727	licensee's immediate authority to correct; and
1728	1728	(3) the applicant or licensee has notified the public recreation center
1729	1729	or school of the environmental deficiency.
1730	1730	(e) This section shall take effect on and after July 1, 2026.
1731	1731	New Sec. 24. (a) Any license, certificate of registration or temporary
1732	1732	permit which was issued prior to the effective date of sections 6 through
1733	1733	27, and amendments thereto, and which is in effect on the effective date of
1734	1734	sections 6 through 27, and amendments thereto, shall continue in effect
1735	1735	until the expiration thereof, unless suspended or revoked prior to such
1736	1736	time.
1737	1737	(b) This section shall take effect on and after July 1, 2026.
1738	1738	New Sec. 25. (a) As used in this section:
1739	1739	(1) "Day care home" means a day care home or a group day care
1740	1740	home as defined in section 6, and amendments thereto.
1741	1741	(2) "Smoking" means possession of a lighted cigarette, cigar, pipe or
1742	1742	burning tobacco in any other form or device designed for the use of
1743	1743	tobacco.
1744	1744	(b) Smoking within any room, enclosed area or other enclosed space
1745	1745	of a facility or facilities of a day care home during a time when children
1746	1746	who are not related by blood, marriage or legal adoption to the person who
1747	1747	maintains the home are being cared for as part of the operation of the day
1748	1748	care home within the facility or facilities is hereby prohibited. Nothing in
1749	1749	this subsection shall be construed to prohibit smoking on the premises of
1750	1750	the day care home outside the facility or facilities of a day care home,
1751	1751	including, but not limited to, porches, yards or garages.
1752	1752	(c) Each day care license shall contain a statement in bold print that
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1796	1796	smoking is prohibited within a room, enclosed area or other enclosed
1797	1797	space of the facility or facilities of the day care home under the conditions
1798	1798	specified in subsection (b). The statement shall be phrased in substantially
1799	1799	the same language as subsection (b). The license shall be posted in a
1800	1800	conspicuous place in the facility or facilities.
1801	1801	(d) Each day care home shall be equipped with a fire extinguisher
1802	1802	which shall be maintained in an operable condition in a readily accessible
1803	1803	location.
1804	1804	(e) The executive director of the Kansas office of early childhood
1805	1805	may levy a civil fine under section 22, and amendments thereto, against
1806	1806	any day care home for a first or second violation of this section. A third or
1807	1807	subsequent violation shall be subject to the provisions of section 19, and
1808	1808	amendments thereto.
1809	1809	(f) In addition to any civil fine which may be levied pursuant to
1810	1810	subsection (e), any day care home that violates any provision of this
1811	1811	section may also be subject to criminal punishment pursuant to K.S.A. 21-
1812	1812	4012, and amendments thereto.
1813	1813	(g) This section shall take effect on and after July 1, 2026.
1814	1814	New Sec. 26. (a) Except as otherwise provided, information and
1815	1815	records pertaining to the immunization status of persons against childhood
1816	1816	diseases as required by section 12, and amendments thereto, may be
1817	1817	disclosed and exchanged without a parent or guardian's written release
1818	1818	authorizing such disclosure to the following individuals and groups who
1819	1819	need to know such information in order to assure compliance with state
1820	1820	statutes or to achieve age appropriate immunization status for children:
1821	1821	(1) Employees of public agencies or departments;
1822	1822	(2) health records staff of day care facilities, including, but not
1823	1823	limited to, facilities licensed by the executive director of the Kansas office
1824	1824	of early childhood;
1825	1825	(3) persons other than public employees who are entrusted with the
1826	1826	regular care of those under the care and custody of a state agency
1827	1827	including, but not limited to, operators of day care facilities, group homes,
1828	1828	residential care facilities and adoptive or foster homes; and
1829	1829	(4) healthcare professionals.
1830	1830	(b) Information and records which pertain to the immunization status
1831	1831	of persons against childhood diseases as required by section 12, and
1832	1832	amendments thereto, whose parent or guardian has submitted a written
1833	1833	statement of religious objection to immunization as provided in section 12,
1834	1834	and amendments thereto, may not be disclosed or exchanged without a
1835	1835	parent or guardian's written release authorizing such disclosure.
1836	1836	(c) This section shall take effect on and after July 1, 2026.
1837	1837	New Sec. 27. (a) The executive director of the Kansas office of early
1838	1838	childhood shall establish or cause to be established an online information
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1881	1881	43 SB 501 23
1882	1882	dissemination system that is accessible to the public, including names of
1883	1883	licensees, applicants and history of citations and substantiated findings.
1884	1884	The executive director shall adopt rules and regulations that are consistent
1885	1885	with the requirements for the receipt of child care ARRA funds and that
1886	1886	provide for the establishment of an online information dissemination
1887	1887	system in accordance with the provisions of this subsection.
1888	1888	(b) This section shall take effect on and after July 1, 2026.
1889	1889	Sec. 28. On and after July 1, 2026, K.S.A. 38-1901 is hereby amended
1890	1890	as follows: 38-1901 is hereby amended to read as follows: 38-1901. On
1891	1891	and after the effective date of this act:
1892	1892	(a) The advisory committee on children and families is hereby
1893	1893	redesignated and shall be known and referred to as the Kansas children's
1894	1894	cabinet as a division in the Kansas office of early childhood in accordance
1895	1895	with sections 1 through 5, and amendments thereto. The Kansas children's
1896	1896	cabinet shall review applications for any grant funding opportunities and
1897	1897	allocate such grants administered by the office.
1898	1898	(b) (1) The Kansas children's cabinet shall consist of 15 16 members
1899	1899	as follows:
1900	1900	(1)(A) The executive director of the Kansas office of early childhood;
1901	1901	(B) the secretary of health and environment, or the secretary's
1902	1902	designee;
1903	1903	(2)(C) the secretary for children and families, or the secretary's
1904	1904	designee;
1905	1905	(3)(D) a member of the state board of regents selected by the state
1906	1906	board of regents, or such member's designee;
1907	1907	(4)(E) the commissioner of education, or the commissioner's
1908	1908	designee;
1909	1909	(5)(F) the commissioner of juvenile justice secretary of corrections,
1910	1910	or the commissioner's secretary's designee;
1911	1911	(6)(G) a member of the Kansas supreme court selected by the Kansas
1912	1912	supreme court, or such member's designee;
1913	1913	(7)(H) five members of the public who are interested in and
1914	1914	knowledgeable about the needs of children and families shall be appointed
1915	1915	by the governor, which, subject to the provisions of subsection (e), may
1916	1916	include persons who are children's advocates, members of organizations
1917	1917	with experience in programs that benefit children or other individuals who
1918	1918	have experience with children's programs and services;
1919	1919	(8)(I) one person appointed by the speaker of the house of
1920	1920	representatives;
1921	1921	(9)(J) one person appointed by the minority leader of the house of
1922	1922	representatives;
1923	1923	(10)(K) one person appointed by the president of the senate; and
1924	1924	(11)(L) one person appointed by the minority leader of the senate.
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1968	1968	(2) The members designated by clauses (1), (2), (3), (4), (5) and (6)
1969	1969	(A) through (G) of this subsection shall be nonvoting members of the
1970	1970	Kansas children's cabinet. All other members shall be voting members.
1971	1971	(c) (1) Except as provided in paragraph (2) of this subsection, the
1972	1972	members of the Kansas children's cabinet appointed by the governor,
1973	1973	speaker, president and minority leaders shall serve for terms of four years
1974	1974	and until their successors are appointed and qualified. The governor shall
1975	1975	appoint a chairperson of the committee from among the members
1976	1976	appointed by the governor. The chairperson shall serve in such office
1977	1977	throughout such member's current term of office and until a successor is
1978	1978	appointed and qualified. The members of the Kansas children's cabinet
1979	1979	may elect any additional officers from among its members necessary to
1980	1980	carry out the duties and functions of the Kansas children's cabinet.
1981	1981	(2) Of the members first appointed by the governor, two shall be
1982	1982	appointed for terms of two years, two shall be appointed for terms of three
1983	1983	years and the member selected by the governor to be the chairperson shall
1984	1984	be appointed for a term of four years. The member first appointed by the
1985	1985	speaker of the house of representatives shall be appointed for a term of one
1986	1986	year, the member first appointed by the minority leader of the house of
1987	1987	representatives shall be appointed for a term of two years, the member first
1988	1988	appointed by the president of the senate shall be appointed for a term of
1989	1989	three years and the member first appointed by the minority leader of the
1990	1990	senate shall be appointed for a term of four years. The governor shall
1991	1991	designate the term for which each of the members first appointed by the
1992	1992	governor shall serve.
1993	1993	(3) All members appointed to fill vacancies in the membership of the
1994	1994	Kansas children's cabinet and all members appointed to succeed members
1995	1995	appointed to membership on the Kansas children's cabinet shall be
1996	1996	appointed in like manner as that provided for the original appointment of
1997	1997	the member succeeded. All members appointed to fill vacancies of a
1998	1998	member of the Kansas children's cabinet appointed by the governor, the
1999	1999	speaker of the house of representatives, the minority leader of the house of
2000	2000	representatives, the president of the senate or the minority leader of the
2001	2001	senate shall be appointed to fill the unexpired term of such member.
2002	2002	(d) Not more than three members of the Kansas children's cabinet
2003	2003	appointed by the governor under subsection (b)(7) (b)(1)(H) shall be
2004	2004	members of the same political party.
2005	2005	(e) (1) No person shall serve on the Kansas children's cabinet if such
2006	2006	person has knowingly acquired a substantial interest in any business. Any
2007	2007	such person who knowingly acquires such an interest shall vacate such
2008	2008	member's position on the Kansas children's cabinet.
2009	2009	(2) For purposes ofAs used in this subsection,:
2010	2010	(A) "Substantial interest" means any of the following:
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2054	2054	(A)(i) If an individual or an individual's spouse, either individually or
2055	2055	collectively, has owned within the preceding 12 months a legal or
2056	2056	equitable interest exceeding $5,000 or 5% of any business, whichever is
2057	2057	less, the individual has a substantial interest in that business.
2058	2058	(B)(ii) If an individual or an individual's spouse, either individually or
2059	2059	collectively, has received during the preceding calendar year compensation
2060	2060	which is or will be required to be included as taxable income on federal
2061	2061	income tax returns of the individual and spouse in an aggregate amount of
2062	2062	$2,000 from any business or combination of businesses, the individual has
2063	2063	a substantial interest in that business or combination of businesses.
2064	2064	(C)(iii) If an individual or an individual's spouse holds the position of
2065	2065	officer, director, associate, partner or proprietor of any business, the
2066	2066	individual has a substantial interest in that business, irrespective of that
2067	2067	amount of compensation received by the individual or the individual's
2068	2068	spouse.
2069	2069	(D)(iv) If an individual or an individual's spouse receives
2070	2070	compensation which is a portion or percentage of each separate fee or
2071	2071	commission paid to a business or combination of businesses, the individual
2072	2072	has a substantial interest in any client or customer who pays fees or
2073	2073	commissions to the business or combination of businesses from which fees
2074	2074	or commissions the individual or the individual's spouse, either
2075	2075	individually or collectively, received an aggregate of $2,000 or more in the
2076	2076	preceding calendar year.
2077	2077	(3) As used in this subsection,(B) "Client or customer" means a
2078	2078	business or combination of businesses.
2079	2079	(4) As used in this subsection,(C) "Business" means any entity
2080	2080	which is eligible to receive funds from the children's initiatives fund, as
2081	2081	provided in K.S.A. 38-2102, and amendments thereto, from the children's
2082	2082	initiatives accountability fund, established by K.S.A. 38-2103, and
2083	2083	amendments thereto, or from the family and children trust account of the
2084	2084	family and children investment fund, as provided in K.S.A. 38-1808, and
2085	2085	amendments thereto.
2086	2086	(f) The Kansas children's cabinet shall meet upon the call of the
2087	2087	chairperson as necessary to carry out the duties and functions of the
2088	2088	Kansas children's cabinet. A quorum of the Kansas children's cabinet shall
2089	2089	be five voting members.
2090	2090	(g) The Kansas children's cabinet shall have and perform the
2091	2091	following functions:
2092	2092	(1) Assist the governor in developing and implementing a
2093	2093	coordinated, comprehensive service delivery system to serve the children
2094	2094	and families of Kansas;
2095	2095	(2) identify barriers to service and gaps in service due to strict
2096	2096	definitions of boundaries between departments and agencies;
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2140	2140	(3) facilitate interagency and interdepartmental cooperation toward
2141	2141	the common goal of serving children and families;
2142	2142	(4) investigate and identify methodologies for the combining of funds
2143	2143	across departmental boundaries to better serve children and families;
2144	2144	(5) propose actions needed to achieve coordination of funding and
2145	2145	services across departmental lines;
2146	2146	(6) encourage and facilitate joint planning and coordination between
2147	2147	the public and private sectors to better serve the needs of children and
2148	2148	families; and
2149	2149	(7) perform the duties and functions prescribed by K.S.A. 38-2103,
2150	2150	and amendments thereto.
2151	2151	(h) Members of the Kansas children's cabinet shall not be paid
2152	2152	compensation, but shall receive subsistence allowances, mileage and other
2153	2153	expenses as provided by K.S.A. 75-3223, and amendments thereto. The
2154	2154	subsistence allowances, mileage and other expenses as provided in K.S.A.
2155	2155	75-3223, and amendments thereto, shall be paid from available
2156	2156	appropriations of the Kansas department for children and families Kansas
2157	2157	office of early childhood except that expenses of members who are
2158	2158	employed by a state agency shall be reimbursed by that state agency.
2159	2159	(i) On the effective date of this act, the advisory committee on
2160	2160	children and families is hereby abolished and all powers, duties, functions,
2161	2161	records and other property of the advisory committee on children and
2162	2162	families are hereby transferred to the Kansas children's cabinet created by
2163	2163	this section. Except as otherwise specifically provided by this act, the
2164	2164	Kansas children's cabinet shall be a continuation of the advisory
2165	2165	committee on children and families as it existed prior to the effective date
2166	2166	of this act.
2167	2167	Sec. 29. On and after July 1, 2026, K.S.A. 38-2103 is hereby amended
2168	2168	to read as follows: 38-2103. (a) The Kansas children's cabinet established
2169	2169	by K.S.A. 38-1901, and amendments thereto, shall advise the governor,
2170	2170	the executive director of the Kansas office of early childhood and the
2171	2171	legislature regarding the uses of the moneys credited to the children's
2172	2172	initiatives fund.
2173	2173	(b) The Kansas children's cabinet shall review, assess and evaluate all
2174	2174	uses of the moneys in the children's initiatives fund. The Kansas children's
2175	2175	cabinet shall study and shall initiate studies, assessments and evaluations,
2176	2176	by contract or otherwise, through institutions of higher education and other
2177	2177	appropriate research entities to identify best practices and to measure and
2178	2178	otherwise determine the efficiency and efficacy of practices that are
2179	2179	utilized in programs, projects, improvements, services and other purposes
2180	2180	for which moneys are allocated or appropriated from the children's
2181	2181	initiatives fund. The costs of such reviews, assessments and evaluations
2182	2182	shall be paid from the children's initiatives accountability fund.
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2226	2226	(c) There shall be conducted performance audits and other audit work
2227	2227	by the legislative post auditor upon request by the Kansas children's
2228	2228	cabinet and as directed by the legislative post audit committee in
2229	2229	accordance with the provisions of the legislative post audit act. The
2230	2230	purpose of such performance audits and other audit work shall be to
2231	2231	provide interested parties with the program evaluation and research needed
2232	2232	to make informed decisions for the uses of moneys credited to the
2233	2233	children's initiatives fund. The auditor to conduct such performance audit
2234	2234	or other audit work shall be specified in accordance with K.S.A. 46-1122,
2235	2235	and amendments thereto, and if the legislative post audit committee
2236	2236	specifies under such statute that a firm, as defined by K.S.A. 46-1112, and
2237	2237	amendments thereto, is to perform all or part of the audit work of such
2238	2238	audit, such firm shall be selected and shall perform such audit work as
2239	2239	provided in K.S.A. 46-1123, and amendments thereto, and K.S.A. 46-1125
2240	2240	through 46-1127, and amendments thereto. The audit work required
2241	2241	pursuant to this subsection shall be conducted in accordance with
2242	2242	generally accepted governmental auditing standards. The post auditor shall
2243	2243	compute the reasonably anticipated cost of the audit work performed by a
2244	2244	firm for such performance audit or other audit work pursuant to this
2245	2245	subsection, subject to review and approval by the contract audit committee
2246	2246	established by K.S.A. 46-1120, and amendments thereto, and the Kansas
2247	2247	children's cabinet shall pay such cost from the children's initiatives
2248	2248	accountability fund. If all or part of the audit work for such performance
2249	2249	audit or other audit work is performed by the division of post audit and the
2250	2250	division of post audit incurs costs in addition to those attributable to the
2251	2251	operations of the division of post audit in the performance of other duties
2252	2252	and responsibilities, the post auditor shall charge the Kansas children's
2253	2253	cabinet for such additional costs and the Kansas children's cabinet shall
2254	2254	pay such charges from the children's initiatives accountability fund. The
2255	2255	payment of any such costs and any such charges shall be a transaction
2256	2256	between the division of post audit and the Kansas children's cabinet and
2257	2257	such transaction shall be settled in accordance with the provisions of
2258	2258	K.S.A. 75-5516, and amendments thereto. All moneys received by the
2259	2259	division of post audit for such costs and charges shall be credited to the
2260	2260	audit services fund.
2261	2261	(d) There is hereby established in the state treasury the children's
2262	2262	initiatives accountability fund which shall be administered in accordance
2263	2263	with this section and the provisions of appropriation acts. The governor
2264	2264	shall recommend and the legislature shall provide for moneys to be
2265	2265	credited annually to the children's initiatives accountability fund by
2266	2266	transfers or other provisions of appropriation acts.
2267	2267	(e) All moneys credited to the children's initiatives accountability
2268	2268	fund shall be used for the purposes of providing funding for assessment
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2312	2312	and evaluation of programs, projects, improvements, services and other
2313	2313	purposes for which moneys are allocated or appropriated from the
2314	2314	children's initiatives fund. All expenditures from the children's initiatives
2315	2315	accountability fund shall be made in accordance with appropriation acts
2316	2316	upon warrants of the director of accounts and reports issued pursuant to
2317	2317	vouchers approved in the manner prescribed by law.
2318	2318	(f) On or before the 10
2319	2319	th
2320	2320	day of each month, the director of accounts
2321	2321	and reports shall transfer from the state general fund to the Kansas
2322	2322	endowment for youth fund interest earnings based on:
2323	2323	(1) The average daily balance of moneys in the children's initiatives
2324	2324	accountability fund for the preceding month; and
2325	2325	(2) the net earnings rate of the pooled money investment portfolio for
2326	2326	the preceding month.
2327	2327	Sec. 30. On and after July 1, 2026, K.S.A. 65-503 is hereby amended
2328	2328	to read as follows: 65-503. As used in this act:
2329	2329	(a) "Child placement agency" means a business or service conducted,
2330	2330	maintained or operated by a person engaged in finding homes for children
2331	2331	by placing or arranging for the placement of such children for adoption or
2332	2332	foster care.
2333	2333	(b) "Child care resource and referral agency" means a business or
2334	2334	service conducted, maintained or operated by a person engaged in
2335	2335	providing resource and referral services, including information of specific
2336	2336	services provided by child care facilities, to assist parents to find child
2337	2337	care.
2338	2338	(c) (1) "Child care facility" means:
2339	2339	(1)(A) A facility maintained by a person who has control or custody
2340	2340	of one or more children under 16 years of age, unattended by parent or
2341	2341	guardian, for the purpose of providing the children with food or lodging,
2342	2342	or both, except children in the custody of the secretary for children and
2343	2343	families who are placed with a prospective adoptive family pursuant to the
2344	2344	provisions of an adoptive placement agreement or who are related to the
2345	2345	person by blood, marriage or legal adoption;
2346	2346	(2)(B) a children's home, orphanage, maternity home, day care
2347	2347	facility or other facility of a type determined by the secretary to require
2348	2348	regulation under the provisions of this act;
2349	2349	(3)(C) a child placement agency or child care resource and referral
2350	2350	agency, or a facility maintained by such an agency for the purpose of
2351	2351	caring for children under 16 years of age; or
2352	2352	(4)(D) any receiving or detention home for children under 16 years of
2353	2353	age provided or maintained by, or receiving aid from, any city or county or
2354	2354	the state.
2355	2355	(2) "Child care facility" does not include a day care facility, a day
2356	2356	care home, child care center, preschool, school-age program or a child
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2400	2400	care resources and referral agency.
2401	2401	(d) "Day care facility" means a child care facility that includes a day
2402	2402	care home, preschool, child care center, school-age program or other
2403	2403	facility of a type determined by the secretary executive director of the
2404	2404	Kansas office of early childhood to require regulation under the provisions
2405	2405	of K.S.A. 65-501 et seq. sections 6 through 27, and amendments thereto.
2406	2406	(e) "Person" means any individual, association, partnership,
2407	2407	corporation, government, governmental subdivision or other entity.
2408	2408	(f) "Boarding school" means a facility which provides 24-hour care to
2409	2409	school age children, provides education as its primary function, and is
2410	2410	accredited by an accrediting agency acceptable to the secretary of health
2411	2411	and environment.
2412	2412	(g) "Maternity center" means a facility which provides delivery
2413	2413	services for normal, uncomplicated pregnancies but does not include a
2414	2414	medical care facility as defined by K.S.A. 65-425, and amendments
2415	2415	thereto.
2416	2416	Sec. 31. On and after July 1, 2026, K.S.A. 65-504 is hereby amended
2417	2417	to read as follows: 65-504. (a) The secretary of health and environment
2418	2418	shall have the power to grant a license to a person to maintain a maternity
2419	2419	center or child care facility for children under 16 years of age. A license
2420	2420	granted to maintain a maternity center or child care facility shall state the
2421	2421	name of the licensee, describe the particular premises in or at which the
2422	2422	business shall be carried on, whether it shall receive and care for women
2423	2423	or children, and the number of women or children that may be treated,
2424	2424	maintained, boarded or cared for at any one time. No greater number of
2425	2425	women or children than is authorized in the license shall be kept on those
2426	2426	premises and the business shall not be carried on in a building or place not
2427	2427	designated in the license. The license shall be kept posted in a conspicuous
2428	2428	place on the premises where the business is conducted. A license granted
2429	2429	to maintain a day care facility shall have on its face an expiration sticker
2430	2430	stating the date of expiration of the license.
2431	2431	The secretary of health and environment shall grant no license in any
2432	2432	case until careful inspection of the maternity center or child care facility
2433	2433	shall have been made according to the terms of this act and until such
2434	2434	maternity center or child care facility has complied with all the
2435	2435	requirements of this act. Except as provided by this subsection, no license
2436	2436	shall be granted without the approval of the secretary for children and
2437	2437	families. The secretary of health and environment may issue, without the
2438	2438	approval of the secretary for children and families, a temporary permit to
2439	2439	operate for a period not to exceed 90 days upon receipt of an initial
2440	2440	application for license. The secretary of health and environment may
2441	2441	extend, without the approval of the secretary for children and families, the
2442	2442	temporary permit to operate for an additional period not to exceed 90 days
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2486	2486	if an applicant is not in full compliance with the requirements of this act
2487	2487	but has made efforts towards full compliance.
2488	2488	(b) (1) In all cases where the secretary for children and families
2489	2489	deems it necessary, an investigation of the maternity center or child care
2490	2490	facility shall be made under the supervision of the secretary for children
2491	2491	and families or other designated qualified agents. For that purpose and for
2492	2492	any subsequent investigations they shall have the right of entry and access
2493	2493	to the premises of the center or facility and to any information deemed
2494	2494	necessary to the completion of the investigation. In all cases where an
2495	2495	investigation is made, a report of the investigation of such center or facility
2496	2496	shall be filed with the secretary of health and environment.
2497	2497	(2) In cases where neither approval or disapproval can be given
2498	2498	within a period of 30 days following formal request for such a study, the
2499	2499	secretary of health and environment may issue a temporary license without
2500	2500	fee pending final approval or disapproval of the center or facility.
2501	2501	(c) Whenever the secretary of health and environment refuses to grant
2502	2502	a license to an applicant, the secretary shall issue an order to that effect
2503	2503	stating the reasons for such denial and within five days after the issuance
2504	2504	of such order shall notify the applicant of the refusal. Upon application not
2505	2505	more than 15 days after the date of its issuance a hearing on the order shall
2506	2506	be held in accordance with the provisions of the Kansas administrative
2507	2507	procedure act.
2508	2508	(d) When the secretary of health and environment finds upon
2509	2509	investigation or is advised by the secretary for children and families that
2510	2510	any of the provisions of this act or the provisions of K.S.A. 59-2123, and
2511	2511	amendments thereto, are being violated, or that the maternity center or
2512	2512	child care facility is maintained without due regard to the health, safety or
2513	2513	welfare of any woman or child, the secretary of health and environment
2514	2514	may issue an order revoking such license after giving notice and
2515	2515	conducting a hearing in accordance with the provisions of the Kansas
2516	2516	administrative procedure act. The order shall clearly state the reason for
2517	2517	the revocation.
2518	2518	(e) If the secretary revokes or refuses to renew a license, the licensee
2519	2519	who had a license revoked or not renewed shall not be eligible to apply for
2520	2520	a license for a period of one year subsequent to the date such revocation or
2521	2521	refusal to renew becomes final. If the secretary revokes or refuses to renew
2522	2522	a license of a licensee who is a repeat, three or more times, violator of
2523	2523	statutory requirements or rules and regulations or is found to have
2524	2524	contributed to the death or serious bodily harm of a child under such
2525	2525	licensee's care, such licensee shall be permanently prohibited from
2526	2526	applying for a new license to provide child care or from seeking
2527	2527	employment under another licensee.
2528	2528	(f) Any applicant or licensee aggrieved by a final order of the
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2572	2572	secretary of health and environment denying or revoking a license under
2573	2573	this act may appeal the order in accordance with the Kansas judicial
2574	2574	review act.
2575	2575	Sec. 32. On and after July 1, 2026, K.S.A. 65-508 is hereby amended
2576	2576	to read as follows: 65-508. (a) Any maternity center or child care facility
2577	2577	subject to the provisions of this act shall: (1) Be properly heated, plumbed,
2578	2578	lighted and ventilated; (2) have plumbing, water and sewerage systems
2579	2579	which conform to all applicable state and local laws; and (3) be operated
2580	2580	with strict regard to the health, safety and welfare of any woman or child.
2581	2581	(b) Every maternity center or child care facility shall furnish or cause
2582	2582	to be furnished for the use of each resident and employee individual towel,
2583	2583	wash cloth, comb and individual drinking cup or sanitary bubbling
2584	2584	fountain, and toothbrushes for all other than infants, and shall keep or
2585	2585	require such articles to be kept at all times in a clean and sanitary
2586	2586	condition. Every maternity center or child care facility shall comply with
2587	2587	all applicable fire codes and rules and regulations of the state fire marshal.
2588	2588	(c) (1) The secretary of health and environment with the cooperation
2589	2589	of the secretary for children and families shall develop and adopt rules and
2590	2590	regulations for the operation and maintenance of maternity centers and
2591	2591	child care facilities. The rules and regulations for operating and
2592	2592	maintaining maternity centers and child care facilities shall be designed to
2593	2593	promote the health, safety and welfare of any woman or child served in
2594	2594	such facilities by ensuring safe and adequate physical surroundings,
2595	2595	healthful food, adequate handwashing, safe storage of toxic substances and
2596	2596	hazardous chemicals, sanitary diapering and toileting, home sanitation,
2597	2597	supervision and care of the residents by capable, qualified persons of
2598	2598	sufficient number, after-hour care, an adequate program of activities and
2599	2599	services, sudden infant death syndrome and safe sleep practices training,
2600	2600	prohibition on corporal punishment, crib safety, protection from electrical
2601	2601	hazards, protection from swimming pools and other water sources, fire
2602	2602	drills, emergency plans, safety of outdoor playground surfaces, door locks,
2603	2603	safety gates and transportation and such appropriate parental participation
2604	2604	as may be feasible under the circumstances. Boarding schools are excluded
2605	2605	from requirements regarding the number of qualified persons who must
2606	2606	supervise and provide care to residents.
2607	2607	(2) Rules and regulations developed under this subsection shall
2608	2608	include provisions for the competent supervision and care of children in
2609	2609	day care facilities. For purposes of such rules and regulations, competent
2610	2610	supervision as this term relates to children less than five years of age
2611	2611	includes, but is not limited to, direction of activities, adequate oversight
2612	2612	including sight or sound monitoring, or both, physical proximity to
2613	2613	children, diapering and toileting practices; and for all children, competent
2614	2614	supervision includes, but is not limited to, planning and supervision of
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2658	2658	daily activities, safe sleep practices, including, but not limited to, visual or
2659	2659	sound monitoring, periodic checking, emergency response procedures and
2660	2660	drills, illness and injury response procedures, food service preparation and
2661	2661	sanitation, playground supervision, pool and water safety practices.
2662	2662	(d) In addition to any rules and regulations adopted under this section
2663	2663	for safe sleep practices, child care facilities shall ensure that all of the
2664	2664	following requirements are met for children under 12 months of age:
2665	2665	(1) A child shall only be placed to sleep on a surface and in an area
2666	2666	that has been approved for use as such by the secretary of health and
2667	2667	environment;
2668	2668	(2) the sleep surface shall be free from soft or loose bedding,
2669	2669	including, but not limited to, blankets, bumpers and pillows; and
2670	2670	(3) the sleep surface shall be free from toys, including mobiles and
2671	2671	other types of play equipment or devices.
2672	2672	(e) Child care facilities shall ensure that children over 12 months of
2673	2673	age only be placed to sleep on a surface and in an area that has been
2674	2674	approved for use as such by the secretary of health and environment.
2675	2675	(f) The secretary of health and environment may exercise discretion
2676	2676	to make exceptions to requirements in subsections (d) and (e) where
2677	2677	special health needs exist.
2678	2678	(g) Each child cared for in a child care facility, including children of
2679	2679	the person maintaining the facility, shall be required to have current such
2680	2680	immunizations as the secretary of health and environment considers
2681	2681	necessary. The person maintaining a child care facility shall maintain a
2682	2682	record of each child's immunizations and shall provide to the secretary of
2683	2683	health and environment such information relating thereto, in accordance
2684	2684	with rules and regulations of the secretary, but the person maintaining a
2685	2685	child care facility shall not have such person's license revoked solely for
2686	2686	the failure to have or to maintain the immunization records required by
2687	2687	this subsection.
2688	2688	(h) The immunization requirement of subsection (g) shall not apply if
2689	2689	one of the following is obtained:
2690	2690	(1) Certification from a licensed physician stating that the physical
2691	2691	condition of the child is such that immunization would endanger the child's
2692	2692	life or health; or
2693	2693	(2) a written statement signed by a parent or guardian that the parent
2694	2694	or guardian is an adherent of a religious denomination whose teachings are
2695	2695	opposed to immunizations.
2696	2696	Sec. 33. On and after July 1, 2026, K.S.A. 65-512 is hereby amended
2697	2697	to read as follows: 65-512. (a) It is hereby made the duty of the secretary
2698	2698	of health and environment to inspect or cause to be inspected at least once
2699	2699	every 15 months prior to July 1, 2012, and once every 12 months
2700	2700	thereafter, every maternity center or child care facility, unless otherwise
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2744	2744	provided in subsections (b) and (c). For the purpose of inspection the
2745	2745	secretary or the secretary's authorized agent shall have the right of entry
2746	2746	and access thereto in every department and to every place in the premises,
2747	2747	shall call for and examine the records which are required to be kept by the
2748	2748	provisions of this act and shall make and preserve a record of every
2749	2749	inspection. The licensee shall give all reasonable information to the
2750	2750	authorized agent of the secretary of health and environment and shall
2751	2751	afford every reasonable facility for viewing the premises and seeing the
2752	2752	patients or children therein. No such patient or child without the consent of
2753	2753	the patient or child shall be required to be interviewed by any agent unless
2754	2754	the agent is an authorized person or a licensed physician.
2755	2755	(b) (1) On or after the effective date of this act, the secretary of health
2756	2756	and environment shall commence the inspection of registered family day
2757	2757	care homes pursuant to K.S.A. 65-533, and amendments thereto.
2758	2758	(2) The secretary of health and environment shall conduct an
2759	2759	inspection of any child care facility upon receiving a complaint. Any new
2760	2760	child care facility shall be inspected prior to issuance of a license. The
2761	2761	secretary may conduct an inspection of any child care facility that has a
2762	2762	record of repeated complaints or serious violations at any time. The
2763	2763	secretary shall inspect any child care facility that provides services to
2764	2764	military families receiving military assistance for child care every 12
2765	2765	months.
2766	2766	(c) (1) Except as provided in subsection (b)(2), the following
2767	2767	categories of child care facilities which were in compliance on the
2768	2768	effective date of this act are not required to be inspected until July 1, 2011:
2769	2769	Day care homes, as defined in K.A.R. 28-4-113; group day care homes, as
2770	2770	defined in K.A.R. 28-4-113; child care centers, as defined in K.A.R. 28-4-
2771	2771	420; preschools, as defined in K.A.R. 28-4-420; school-age programs, as
2772	2772	defined in K.A.R. 28-4-576; and drop-in programs, as defined in K.A.R.
2773	2773	28-4-700.
2774	2774	(2) The provisions of this subsection shall expire on July 1, 2011.
2775	2775	Sec. 34. On and after July 1, 2026, K.S.A. 2023 Supp. 65-516 is
2776	2776	hereby amended to read as follows: 65-516. (a) No person shall knowingly
2777	2777	maintain a child care facility if there resides, works or regularly volunteers
2778	2778	any person who in this state or in other states or the federal government:
2779	2779	(1) (A) Has been convicted of a crime that is classified as a person
2780	2780	felony under the Kansas criminal code;
2781	2781	(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-
2782	2782	36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21
2783	2783	of the Kansas Statutes Annotated, and amendments thereto, or any felony
2784	2784	violation of any provision of the uniform controlled substances act prior to
2785	2785	July 1, 2009;
2786	2786	(C) has been convicted of any act that is described in articles 34, 35
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2830	2830	or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal,
2831	2831	or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or
2832	2832	K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424,
2833	2833	and amendments thereto, or been convicted of an attempt under K.S.A. 21-
2834	2834	3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto, to
2835	2835	commit any such act or been convicted of conspiracy under K.S.A. 21-
2836	2836	3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, to
2837	2837	commit such act, or similar statutes of any other state or the federal
2838	2838	government;
2839	2839	(D) has been convicted of any act that is described in K.S.A. 21-4301
2840	2840	or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments
2841	2841	thereto, or similar statutes of any other state or the federal government; or
2842	2842	(E) has been convicted of any act that is described in K.S.A. 21-3718
2843	2843	or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments
2844	2844	thereto, or similar statutes of any other state or the federal government;
2845	2845	(2) except as provided in subsection (b), has been adjudicated a
2846	2846	juvenile offender because of having committed an act that if done by an
2847	2847	adult would constitute the commission of a felony and that is a crime
2848	2848	against persons, is any act described in articles 34, 35 or 36 of chapter 21
2849	2849	of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or
2850	2850	56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-
2851	2851	6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments
2852	2852	thereto, or similar statutes of any other state or the federal government, or
2853	2853	is any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal,
2854	2854	or K.S.A. 21-6401, and amendments thereto, or similar statutes of any
2855	2855	other state or the federal government;
2856	2856	(3) has been convicted or adjudicated of a crime that requires
2857	2857	registration as a sex offender under the Kansas offender registration act,
2858	2858	K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any
2859	2859	other state or as a sex offender on the national sex offender registry;
2860	2860	(4) has committed an act of physical, mental or emotional abuse or
2861	2861	neglect or sexual abuse and who is listed in the child abuse and neglect
2862	2862	registry maintained by the Kansas department for children and families
2863	2863	pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child
2864	2864	abuse and neglect registries maintained by any other state or the federal
2865	2865	government and:
2866	2866	(A) The person has failed to successfully complete a corrective action
2867	2867	plan that had been deemed appropriate and approved by the Kansas
2868	2868	department for children and families or requirements of similar entities in
2869	2869	any other state or the federal government; or
2870	2870	(B) the record has not been expunged pursuant to rules and
2871	2871	regulations adopted by the secretary for children and families or similar
2872	2872	entities in any other state or the federal government;
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2916	2916	(5) has had a child removed from home based on a court order
2917	2917	pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a
2918	2918	court order in any other state based upon a similar statute that finds the
2919	2919	child to be deprived or a child in need of care based on a finding of
2920	2920	physical, mental or emotional abuse or neglect or sexual abuse and the
2921	2921	child has not been returned to the home or the child reaches majority
2922	2922	before being returned to the home and the person has failed to
2923	2923	satisfactorily complete a corrective action plan approved by the
2924	2924	department of health and environment;
2925	2925	(6) has had parental rights terminated pursuant to the Kansas juvenile
2926	2926	code or K.S.A. 38-2266 through 38-2270, and amendments thereto, or a
2927	2927	similar statute of other states;
2928	2928	(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et
2929	2929	seq., and amendments thereto, or an immediate intervention agreement
2930	2930	pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge
2931	2931	of child abuse or a sexual offense; or
2932	2932	(8) has an infectious or contagious disease.
2933	2933	(b) If the secretary determines there is no safety concern, the
2934	2934	secretary may license a family foster home, as defined in K.S.A. 38-134,
2935	2935	and amendments thereto, when a person who has been adjudicated as a
2936	2936	juvenile offender for an offense described in subsection (a)(2):
2937	2937	(1) Was a child in the custody of the secretary and placed with such
2938	2938	family foster home by the secretary;
2939	2939	(2) is 18 years of age or older;
2940	2940	(3) (A) maintains residence at such family foster home; or
2941	2941	(B) has been legally adopted by any person who resides at such
2942	2942	family foster home; and
2943	2943	(4) six months have passed since the date of adjudication.
2944	2944	(c) No person shall maintain a child care facility if such person has
2945	2945	been found to be a person in need of a guardian or a conservator, or both,
2946	2946	as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto.
2947	2947	(d) Any person who resides in a child care facility and who has been
2948	2948	found to be in need of a guardian or a conservator, or both, shall be
2949	2949	counted in the total number of children allowed in care.
2950	2950	(e) In accordance with the provisions of this subsection, the secretary
2951	2951	of health and environment shall have access to any court orders or
2952	2952	adjudications of any court of record, any records of such orders or
2953	2953	adjudications, criminal history record information including, but not
2954	2954	limited to, diversion agreements, in the possession of the Kansas bureau of
2955	2955	investigation and any report of investigations as authorized by K.S.A. 38-
2956	2956	2226, and amendments thereto, in the possession of the Kansas department
2957	2957	for children and families or court of this state concerning persons working,
2958	2958	regularly volunteering or residing in a child care facility. The secretary
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3001	3001	43 SB 501 36
3002	3002	shall have access to these records for the purpose of determining whether
3003	3003	or not the home meets the requirements of K.S.A. 59-2132, 65-503, 65-
3004	3004	508 and 65-516, and amendments thereto.
3005	3005	(f) In accordance with the provisions of this subsection, the secretary
3006	3006	is authorized to conduct national criminal history record checks to
3007	3007	determine criminal history on persons residing, working or regularly
3008	3008	volunteering in a child care facility. In order to conduct a national criminal
3009	3009	history check the secretary shall require fingerprinting for identification
3010	3010	and determination of criminal history. The secretary shall submit the
3011	3011	fingerprints to the Kansas bureau of investigation and to the federal bureau
3012	3012	of investigation and receive a reply to enable the secretary to verify the
3013	3013	identity of such person and whether such person has been convicted of any
3014	3014	crime that would prohibit such person from residing, working or regularly
3015	3015	volunteering in a child care facility. The secretary is authorized to use
3016	3016	information obtained from the national criminal history record check to
3017	3017	determine such person's fitness to reside, work or regularly volunteer in a
3018	3018	child care facility.
3019	3019	(g) Local and state law enforcement officers and agencies shall assist
3020	3020	the secretary in taking and processing fingerprints of persons residing,
3021	3021	working or regularly volunteering in a child care facility and shall release
3022	3022	all records of adult convictions and nonconvictions and adult convictions
3023	3023	or adjudications of another state or country to the department.
3024	3024	(h) (1) The secretary shall adopt rules and regulations on or before
3025	3025	January 1, 2019, to fix a fee for fingerprinting persons residing, working or
3026	3026	regularly volunteering in a child care facility, as may be required by the
3027	3027	department to reimburse the department for the cost of the fingerprinting.
3028	3028	(2) The secretary shall remit all moneys received from the fees
3029	3029	established under this section to the state treasurer in accordance with the
3030	3030	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
3031	3031	each such remittance, the state treasurer shall deposit the entire amount in
3032	3032	the state treasury to the credit of the child care criminal background and
3033	3033	fingerprinting fund.
3034	3034	(i) The child care criminal background and fingerprinting fund is
3035	3035	hereby created in the state treasury to be administered by the secretary of
3036	3036	health and environment. All moneys credited to the child care criminal
3037	3037	background and fingerprinting fund shall be used to pay local and state
3038	3038	law enforcement officers and agencies for the processing of fingerprints
3039	3039	and criminal history background checks for the department. All
3040	3040	expenditures from the child care criminal background and fingerprinting
3041	3041	fund shall be made in accordance with appropriation acts upon warrants of
3042	3042	the director of accounts and reports issued pursuant to vouchers approved
3043	3043	by the secretary or by a person designated by the secretary.
3044	3044	(j) The secretary shall notify the child care applicant or licensee,
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3088	3088	within seven days by certified mail with return receipt requested, when the
3089	3089	result of the national criminal history record check or other appropriate
3090	3090	review reveals unfitness specified in subsections (a)(1) through (8) with
3091	3091	regard to the person who is the subject of the review.
3092	3092	(k) No child care facility or the employees thereof, shall be liable for
3093	3093	civil damages to any person refused employment or discharged from
3094	3094	employment by reason of such facility's or home's compliance with the
3095	3095	provisions of this section if such home acts in good faith to comply with
3096	3096	this section.
3097	3097	(l) For the purpose of subsection (a)(3), a person listed in the child
3098	3098	abuse and neglect central registry shall not be prohibited from residing,
3099	3099	working or volunteering in a child care facility unless such person has:
3100	3100	(1) Had an opportunity to be interviewed and present information
3101	3101	during the investigation of the alleged act of abuse or neglect; and
3102	3102	(2) been given notice of the agency decision and an opportunity to
3103	3103	appeal such decision to the secretary and to the courts pursuant to the
3104	3104	Kansas judicial review act.
3105	3105	(m) In regard to Kansas issued criminal history records:
3106	3106	(1) The secretary of health and environment shall provide in writing
3107	3107	information available to the secretary to each child placement agency
3108	3108	requesting information under this section, including the information
3109	3109	provided by the Kansas bureau of investigation pursuant to this section, for
3110	3110	the purpose of assessing the fitness of persons living, working or regularly
3111	3111	volunteering in a family foster home under the child placement agency's
3112	3112	sponsorship.
3113	3113	(2) The child placement agency is considered to be a governmental
3114	3114	entity and the designee of the secretary of health and environment for the
3115	3115	purposes of obtaining, using and disseminating information obtained under
3116	3116	this section.
3117	3117	(3) The information shall be provided to the child placement agency
3118	3118	regardless of whether the information discloses that the subject of the
3119	3119	request has been convicted of any offense.
3120	3120	(4) Whenever the information available to the secretary reveals that
3121	3121	the subject of the request has no criminal history on record, the secretary
3122	3122	shall provide notice thereof in writing to each child placement agency
3123	3123	requesting information under this section.
3124	3124	(5) Any staff person of a child placement agency who receives
3125	3125	information under this subsection shall keep such information confidential,
3126	3126	except that the staff person may disclose such information on a need-to-
3127	3127	know basis to:
3128	3128	(A) The person who is the subject of the request for information;
3129	3129	(B) the applicant or operator of the family foster home in which the
3130	3130	person lives, works or regularly volunteers;
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3173	3173	43 SB 501 38
3174	3174	(C) the department of health and environment;
3175	3175	(D) the Kansas department for children and families;
3176	3176	(E) the department of corrections; and
3177	3177	(F) the courts.
3178	3178	(6) A violation of the provisions of paragraph (5) shall be an
3179	3179	unclassified misdemeanor punishable by a fine of $100 for each violation.
3180	3180	(n) No person shall maintain a day care facility unless such person is
3181	3181	a high school graduate or the equivalent thereof, except where
3182	3182	extraordinary circumstances exist, the secretary of health and environment
3183	3183	may exercise discretion to make exceptions to this requirement. The
3184	3184	provisions of this subsection shall not apply to any person who was
3185	3185	maintaining a day care facility on the day immediately prior to July 1,
3186	3186	2010, or who had an application for an initial license or the renewal of an
3187	3187	existing license pending on July 1, 2010.
3188	3188	Sec. 35. On and after, July 1, 2026, K.S.A. 65-531 is hereby amended
3189	3189	to read as follows: 65-531. On and after July 1, 1996: (a) Except as
3190	3190	provided further, information and records which pertain to the
3191	3191	immunization status of persons against childhood diseases as required by
3192	3192	K.S.A. 65-508, and amendments thereto, may be disclosed and exchanged
3193	3193	without a parent or guardian's written release authorizing such disclosure,
3194	3194	to the following, who need to know such information to assure compliance
3195	3195	with state statutes or to achieve age appropriate immunization status for
3196	3196	children:
3197	3197	(1) Employees of public agencies or departments;
3198	3198	(2) health records staff of child care facilities, including, but not
3199	3199	limited to, facilities licensed by the secretary of health and environment;
3200	3200	(3) persons other than public employees who are entrusted with the
3201	3201	regular care of those under the care and custody of a state agency
3202	3202	including, but not limited to, operators of day care facilities, group homes,
3203	3203	residential care facilities and adoptive or foster homes; and
3204	3204	(4) health care professionals.
3205	3205	(b) Notwithstanding K.S.A. 60-427, and amendments thereto, or any
3206	3206	other Kansas statute which provides for privileged information between a
3207	3207	patient and a health care provider, there shall be no privilege preventing
3208	3208	the furnishing of information and records as authorized by this section by
3209	3209	any health care provider.
3210	3210	(c) Information and records which pertain to the immunization status
3211	3211	of persons against childhood diseases as required by K.S.A. 65-508, and
3212	3212	amendments thereto, whose parent or guardian has submitted a written
3213	3213	statement of religious objection to immunization as provided in K.S.A. 65-
3214	3214	508, and amendments thereto, may not be disclosed or exchanged without
3215	3215	a parent or guardian's written release authorizing such disclosure.
3216	3216	Sec. 36. On and after July 1, 2026, K.S.A. 72-4162 is hereby
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3260	3260	amended to read as follows: 72-4162. (a) The board of every school
3261	3261	district may: (1) Develop and operate a parent education program; (2)
3262	3262	enter into cooperative or interlocal agreements with one or more other
3263	3263	boards for the development and operation of a parent education program;
3264	3264	(3) contract with private, nonprofit corporations or associations or with
3265	3265	any public or private agency or institution, whether located within or
3266	3266	outside the state, for the provision of services which are appropriate to a
3267	3267	parent education program; and (4) apply for a grant of state moneys to
3268	3268	supplement amounts expended by the school district for development and
3269	3269	operation of a parent education program.
3270	3270	(b) In order to be eligible to receive a grant of state moneys for the
3271	3271	development and operation of a parent education program, a board shall
3272	3272	submit to the state board Kansas office of early childhood an application
3273	3273	for a grant and a description of the program. The application and
3274	3274	description shall be prepared in such form and manner as the state board
3275	3275	Kansas office of early childhood shall require and shall be submitted at a
3276	3276	time to be determined and specified by the state board Kansas office of
3277	3277	early childhood. Approval by the state board Kansas office of early
3278	3278	childhood of the program and the application is prerequisite to the award
3279	3279	of a grant.
3280	3280	(c) Each board which is awarded a grant under this act shall make
3281	3281	such periodic and special reports of statistical and financial information to
3282	3282	the state board Kansas office of early childhood as it may request.
3283	3283	Sec. 37. On and after July 1, 2026, K.S.A. 72-4163 is hereby
3284	3284	amended to read as follows: 72-4163. (a) The state board Kansas office of
3285	3285	early childhood shall adopt rules and regulations for the administration of
3286	3286	this act and shall:
3287	3287	(1) Establish standards and criteria for reviewing, evaluating and
3288	3288	approving parent education programs and applications of school districts
3289	3289	for grants;
3290	3290	(2) conduct a needs-assessment survey of school districts applying for
3291	3291	grants;
3292	3292	(3) evaluate and approve parent education programs;
3293	3293	(4) establish priorities in accordance with the findings of the needs-
3294	3294	assessment survey for the award of grants to school districts and for
3295	3295	determination of the amount of such grants;
3296	3296	(5) be responsible for awarding grants to school districts; and
3297	3297	(6) request of and receive from each school district which is awarded
3298	3298	a grant for development and operation of a parent education program
3299	3299	reports containing information with regard to the effectiveness of the
3300	3300	program.
3301	3301	(b) In evaluating and approving parent education programs for the
3302	3302	award of grants to school districts, the state board Kansas office of early
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3346	3346	childhood shall consider:
3347	3347	(1) Prior experiences of school districts in the development and
3348	3348	operation of parent education programs;
3349	3349	(2) level of effort exhibited by school districts in the development and
3350	3350	operation of parent education programs;
3351	3351	(3) the amounts budgeted by school districts for the development and
3352	3352	operation of parent education programs; and
3353	3353	(4) the potential effectiveness of the parent education programs for
3354	3354	which applications for the grant of state moneys are made.
3355	3355	Sec. 38. On and after July 1, 2026, K.S.A. 72-4164 is hereby
3356	3356	amended to read as follows: 72-4164. (a) (1) In the 1990-91 school year, to
3357	3357	the extent that appropriations are available therefor, and on the basis of
3358	3358	established priorities, the state board shall select for the award of grants of
3359	3359	state moneys those school districts, not to exceed 100 school districts,
3360	3360	which the state board determines to be most capable of developing and
3361	3361	operating successful parent education programs.
3362	3362	(2) In the 1991-92 school year, to the extent that appropriations are
3363	3363	available therefor, and on the basis of established priorities, the state board
3364	3364	shall select for the award of grants of state moneys those school districts,
3365	3365	not to exceed 200 school districts, which the state board determines to be
3366	3366	most capable of developing and operating successful parent education
3367	3367	programs.
3368	3368	(3) In the 1992-93 school year and in each school year thereafter, to
3369	3369	the extent that appropriations are available therefor, each school district
3370	3370	which that has developed and is operating an approved parent education
3371	3371	program shall be eligible to receive a grant of state moneys.
3372	3372	(b) The amount of a grant to a school district shall be determined by
3373	3373	the state board Kansas office of early childhood in accordance with
3374	3374	established priorities, but in no event shall such amount exceed the amount
3375	3375	of actual expenses incurred by the school district in the development and
3376	3376	operation of a program. If the amount of appropriations for parent
3377	3377	education programs is insufficient to pay in full the amount each school
3378	3378	district is determined to be eligible to receive, the state board Kansas
3379	3379	office of early childhood shall prorate the amount appropriated among all
3380	3380	school districts in proportion to the amount each such school district is
3381	3381	determined to be eligible to receive.
3382	3382	Sec. 39. On and after July 1, 2026, K.S.A. 72-4166 is hereby
3383	3383	amended to read as follows: 72-4166. The state board Kansas office of
3384	3384	early childhood in cooperation with the Kansas department for children
3385	3385	and families, the state department of health and environment, and other
3386	3386	appropriate associations and organizations, may provide any board, upon
3387	3387	its request therefor, with technical advice and assistance regarding the
3388	3388	development and operation of a parent education program or an
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3432	3432	application for a grant of state moneys, and may make studies and gather
3433	3433	and disseminate information regarding materials, resources, procedures
3434	3434	and personnel which are or may become available to assist school districts
3435	3435	in the development and operation of parent education programs.
3436	3436	Sec. 40. On and after July 1, 2026, K.S.A. 38-1901, 38-2103, 65-503,
3437	3437	65-504, 65-508, 65-512, 65-531, 72-4162, 72-4163, 72-4164 and 72-4166
3438	3438	and K.S.A. 2023 Supp. 65-516 are hereby repealed.
3439	3439	Sec. 41. This act shall take effect and be in force from and after its
3440	3440	publication in the statute book.
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