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AN ACT relating to instructional programs for school-age children and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 199.896 is amended to read as follows: 4
(1) No person, association, or organization shall conduct, operate, maintain, or 5
advertise any child-care center without obtaining a license as provided in KRS 6
199.892 to 199.896. 7
(2) The cabinet may promulgate administrative regulations pursuant to KRS Chapter 8
13A relating to license fees and may, in the administrative regulations, establish 9
standards of care and service for a child-care center, criteria for the denial of a 10
license if criminal records indicate convictions that may impact the safety and 11
security of children in care, and procedures for enforcement of penalties which are 12
not in contravention of this section. 13
(3) Each initial application for a license shall be made to the cabinet and shall be 14
accompanied by a fee that shall not exceed administrative costs of the program to 15
the cabinet and shall be renewable annually upon expiration and reapplication when 16
accompanied by a renewal fee that shall not exceed administrative costs of the 17
program to the cabinet. Regular licenses and renewals thereof shall expire one (1) 18
year from their effective date. 19
(4) No child-care center shall be refused a license or have its license revoked for failure 20
to meet standards set by the secretary until after the expiration of a period not to 21
exceed six (6) months from the date of the first official notice that the standards 22
have not been met. If, however, the cabinet has probable cause to believe that an 23
immediate threat to the public health, safety, or welfare exists, the cabinet may take 24
emergency action pursuant to KRS 13B.125. All administrative hearings conducted 25
under authority of KRS 199.892 to 199.896 shall be conducted in accordance with 26
KRS Chapter 13B. 27 UNOFFICIAL COPY 24 RS HB 491/GA
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(5) If, upon inspection or investigation, the inspector general finds that a child-care 1
center licensed under this section has violated the administrative regulations, 2
standards, or requirements of the cabinet, the inspector general shall issue a 3
statement of deficiency to the center containing: 4
(a) A statement of fact; 5
(b) A statement of how an administrative regulation, standard, or requirement of 6
the cabinet was violated; and 7
(c) The timeframe, negotiated with the child-care center, within which a violation 8
is to be corrected, except that a violation that poses an immediate threat to the 9
health, safety, or welfare of children in the center shall be corrected in no 10
event later than five (5) working days from the date of the statement of 11
deficiency. 12
(6) The Cabinet for Health and Family Services, in consultation with the Office of the 13
Inspector General, shall establish by administrative regulations promulgated in 14
accordance with KRS Chapter 13A an informal dispute resolution process through 15
which a child-care provider may dispute licensure deficiencies that have an adverse 16
effect on the child-care provider's license. 17
(7) A child-care center shall have the right to appeal to the Cabinet for Health and 18
Family Services under KRS Chapter 13B any action adverse to its license or the 19
assessment of a civil penalty issued by the inspector general as the result of a 20
violation contained in a statement of deficiency within twenty (20) days of the 21
issuance of the action or assessment of the civil penalty. An appeal shall not act to 22
stay the correction of a violation. 23
(8) In assessing the civil penalty to be levied against a child-care center for a violation 24
contained in a statement of deficiency issued under this section, the inspector 25
general or the inspector general's designee shall take into consideration the 26
following factors: 27 UNOFFICIAL COPY 24 RS HB 491/GA
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(a) The gravity of the threat to the health, safety, or welfare of children posed by 1
the violation; 2
(b) The number and type of previous violations of the child-care center; 3
(c) The reasonable diligence exercised by the child-care center and efforts to 4
correct the violation; and 5
(d) The amount of assessment necessary to assure immediate and continued 6
compliance. 7
(9) Upon a child-care center's failure to take action to correct a violation of the 8
administrative regulations, standards, or requirements of the cabinet contained in a 9
statement of deficiency, or at any time when the operation of a child-care center 10
poses an immediate threat to the health, safety, or welfare of children in the center, 11
and the child-care center continues to operate after the cabinet has taken emergency 12
action to deny, suspend, or revoke its license, the cabinet or the cabinet's designee 13
shall take at least one (1) of the following actions against the center: 14
(a) Institute proceedings to obtain an order compelling compliance with the 15
administrative regulations, standards, and requirements of the cabinet; 16
(b) Institute injunctive proceedings in Circuit Court to terminate the operation of 17
the center; 18
(c) Institute action to discontinue payment of child-care subsidies; or 19
(d) Suspend or revoke the license or impose other penalties provided by law. 20
(10) Upon request of any person, the cabinet shall provide information regarding the 21
denial, revocation, suspension, or violation of any type of child-care center license 22
of the operator. Identifying information regarding children and their families shall 23
remain confidential. 24
(11) The cabinet shall provide, upon request, public information regarding the 25
inspections of and the plans of correction for the child-care center within the past 26
year. All information distributed by the cabinet under this subsection shall include a 27 UNOFFICIAL COPY 24 RS HB 491/GA
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statement indicating that the reports as provided under this subsection from the past 1
five (5) years are available from the child-care center upon the parent's, custodian's, 2
guardian's, or other interested person's request. 3
(12) All fees collected under the provisions of KRS 199.892 to 199.896 for license and 4
certification applications shall be paid into the State Treasury and credited to a 5
special fund for the purpose of administering KRS 199.892 to 199.896 including the 6
payment of expenses of and to the participants in child-care workshops. The funds 7
collected are hereby appropriated for the use of the cabinet. The balance of the 8
special fund shall lapse to the general fund at the end of each biennium. 9
(13) Any advertisement for child-care services shall include the address of where the 10
service is being provided. 11
(14) All inspections of licensed and unlicensed child-care centers by the Cabinet for 12
Health and Family Services shall be unannounced. 13
(15) All employees and owners of a child-care center who provide care to children shall 14
demonstrate within the first three (3) months of employment completion of at least 15
a total of six (6) hours of orientation in the following areas: 16
(a) Basic health, safety, and sanitation; 17
(b) Recognizing and reporting child abuse; and 18
(c) Developmentally appropriate child-care practice. 19
(16) All employees and owners of a child-care center who provide care to children shall 20
annually demonstrate to the department completion of at least six (6) hours of 21
training in child development. These hours shall include but are not limited to one 22
and one-half (1.5) hours one (1) time every five (5) years of continuing education in 23
the recognition and prevention of pediatric abusive head trauma, as defined in KRS 24
620.020. Training in recognizing pediatric abusive head trauma may be designed in 25
collaboration with organizations and agencies that specialize in the prevention and 26
recognition of pediatric head trauma approved by the secretary of the Cabinet for 27 UNOFFICIAL COPY 24 RS HB 491/GA
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Health and Family Services. The one and one-half (1.5) hours required under this 1
section shall be included in the current number of required continuing education 2
hours. 3
(17) The Cabinet for Health and Family Services shall make available either through the 4
development or approval of a model training curriculum and training materials, 5
including video instructional materials, to cover the areas specified in subsection 6
(15) of this section. The cabinet shall develop or approve the model training 7
curriculum and training materials to cover the areas specified in subsection (15) of 8
this section. 9
(18) Child-care centers licensed pursuant to this section and family child-care homes 10
certified pursuant to KRS 199.8982 shall not use corporal physical discipline, 11
including the use of spanking, shaking, or paddling, as a means of punishment, 12
discipline, behavior modification, or for any other reason. For the purposes of this 13
section, "corporal physical discipline" means the deliberate infliction of physical 14
pain and does not include spontaneous physical contact that is intended to protect a 15
child from immediate danger. 16
(19) Child-care centers that provide instructional and educational programs for 17
preschool-aged children that operate for a maximum of twenty (20) hours per week 18
and that a child attends for no more than fifteen (15) hours per week shall: 19
(a) Notify the cabinet in writing that the center is operating; 20
(b) Meet all child-care center licensure requirements and administrative 21
regulations related to employee background checks; 22
(c) Meet all child-care center licensure requirements and administrative 23
regulations related to tuberculosis screenings; and 24
(d) Be exempt from all other child-care center licensure requirements and 25
administrative regulations. 26
(20) Child-care centers that provide instructional and educational programs for 27 UNOFFICIAL COPY 24 RS HB 491/GA
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preschool-aged children that operate for a maximum of twenty (20) hours per week 1
and that a child attends for no more than ten (10) hours per week shall be exempt 2
from all child-care licensure requirements and administrative regulations. 3
(21) Instructional programs for school-age children that offer, whether free or for a fee, 4
recreational, educational, sports training, or vacation programs that include but 5
are not limited to martial arts and dance programs to children under eighteen 6
(18) years of age, that a child attends outside the presence of his or her parent or 7
legal guardian, shall be exempt from all child-care licensure administrative 8
regulations if the following criteria are met: 9
(a) The program provides primary[direct] instruction in a [single ]skill, talent, 10
ability, expertise, or proficiency; 11
(b) [The program does not provide services or offerings that are not directly 12
related to the single talent, ability, expertise, or proficiency; 13
(c) ]The program operates outside the time period when school is in session, 14
including before or after school hours, holidays, school breaks, teaching 15
planning days, or summer vacation; 16
(c)[(d)] The program does not advertise or otherwise represent that the program 17
is a licensed child-care center or that the program offers child-care services; 18
(d)[(e)] The program informs the parent or guardian: 19
1. That the program is not licensed by the cabinet; and 20
2. About the physical risks a child may face while participating in the 21
program; and 22
(e)[(f)] The program conducts the following background checks for all program 23
employees and volunteers who work with children: 24
1. Check of the child abuse and neglect records maintained by the cabinet; 25
and 26
2. In-state criminal background information check from the Justice and 27 UNOFFICIAL COPY 24 RS HB 491/GA
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Public Safety Cabinet or Administrative Office of the Courts. 1
(22) Directors and employees of child-care centers in a position that involves 2
supervisory or disciplinary power over a minor, or direct contact with a minor, shall 3
submit to a criminal record check in accordance with KRS 199.8965. 4
(23) A director or employee of a child-care center may be employed on a probationary 5
status pending receipt of the criminal background check. Application for the 6
criminal record of a probationary employee shall be made no later than the date 7
probationary employment begins. 8
(24) The cabinet shall promulgate administrative regulations to identify emergency care 9
providers who provide essential child-care services during an identified state of 10
emergency. 11
(25) Notwithstanding any state law, administrative regulation, executive order, or 12
executive directive to the contrary, during the 2020 or 2021 state of emergency 13
declared by the Governor in response to COVID-19, including but not limited to 14
any mutated strain of the COVID-19 virus, the cabinet shall not establish any 15
restrictions on capacity for class or group size or the ability to combine classes and 16
groups for capacity limits in the morning or afternoon that is below the number that 17
was in effect on February 1, 2020. 18
Section 2. Whereas the Commonwealth of Kentucky has a paramount interest in 19
providing for the safety of children, an emergency is declared to exist, and this Act takes 20
effect upon its passage and approval by the Governor or upon its otherwise becoming a 21
law. 22