KRS 199.8911: Definitions for section -- Legislative intent for licensed child -care

microcenters -- Kentucky Child-Care Microcenter Program -- Administrative

regulations -- Standards for operation -- Required reporting.

(1) As used in this section:

(a) "Child-care microcenter" means a category of regulated child care supervised

by the cabinet that serves between four (4) and twenty -four (24) children in a

nonresidential setting for more than three (3) hours per day;

(b) "Eligible applicant" means a provider of a child-care program that:

1. Has been licensed or certified by the cabinet for at least three (3) years

at the time of application;

2. Is in good standing with the cabinet; and

3. Participates in the quality -based graduated early care and education

rating system established under KRS 199.8943;

(c) "Nontraditional work hours" means hours of employment that generally but

not exclusively occur between 7 p.m. to 5 a.m. Monday to Friday, or between

7 p.m. on Friday to 5 a.m. on Monday;

(d) "Opportunity zones" means a population census tract that is a low -income

community and designated as a qualified opportunity zone under Sections

1400Z-1 and 1400Z-2 of the Internal Revenue Code; and

(e) "Rural areas" means a county with a population of less than fifty thousand

(50,000) residents.

(2) It is the intent of the General Assembly to allow for licensed child -care

microcenters in order to encourage innovative child-care services in high-need areas

and underserved populations, including but not limited to rural areas, workers with

nontraditional hours, opportunity zones, parents in need of emergency or drop -in

services, and postsecondary students and campuses. Child -care microcenters shall

provide quality services, operate under setting -aligned health and safety standards,

and be permitted to request and receive special variances from established standards

and administrative regulations at the discretion of the cabinet.

(3) The Kentucky Child -Care M icrocenter Program is hereby established within the

cabinet to regulate the standards and operations of child -care microcenters. To

administer the program, the cabinet may enter into contracts with third parties to

administer the program or specific parts of the program.

(4) The cabinet shall promulgate administrative regulations in accordance with KRS

Chapter 13A by July 1, 2027, to implement this section and determine appropriate

standards under which child -care microcenters may be licensed and operated i n

Kentucky.

(5) The cabinet shall establish standards for operations, including but not limited to

staff background checks, adult -to-child ratios, health and safety standards, facility

requirements, teacher and director training, and required paperwork for employees

and enrolled children. In developing these standards, the cabinet shall solicit

feedback from key stakeholders, including licensed and certified child -care

providers, early childhood experts, local child care resource and referral agencies,

the Kentucky Child Care Advisory Council, and other relevant stakeholders.

(6) (a) The cabinet shall establish a process by which a child -care microcenter

provider may apply for and receive a variance from established standards and

administrative regulations f or child -care microcenters. Applications shall

demonstrate that the requested variance will not, in any way, jeopardize the

health and safety of children receiving care at the child-care microcenter.

(b) Approved variances shall only apply to the specific child-care microcenter for

which a variance is requested.

(c) Denials of applications for variances are not contestable.

(d) An eligible applicant for the program may request a variance in its initial

program application.

(e) An approved child -care microce nter provider or eligible applicant may

request a variance only once in a calendar year and shall not be allowed to

operate with more than one (1) approved variance in place at a time.

(7) Child-care microcenters shall not be required to provide meals or t ransportation to

children enrolled in the program.

(8) Playgrounds shall be optional for child -care microcenters, but a program shall have

a plan for gross motor activity.

(9) Child-care microcenters may utilize mixed age group child care, but the licensed

capacity of the child -care microcenter shall be based on the youngest child served

in the center.

(10) The cabinet shall ensure that the application and approval process for child -care

microcenters is efficient and streamlined, and the application fee for a child -care

microcenter shall be cost-effective.

(11) Only eligible applicants may be approved to operate a child-care microcenter.

(12) The cabinet shall begin accepting and approving child -care microcenter

applications from eligible applicants no earlier than July 1, 2027.

(13) The cabinet shall approve or deny an application within ninety (90) days of receipt.

If an application is denied, the cabinet shall notify the applicant and explain its

reasoning.

(14) In reviewing and approving applications, the cabinet shall prioritize applications

from eligible applicants that:

(a) Seek to provide services in an opportunity zone or rural area;

(b) Seek to provide services to parents of children with nontraditional work

hours; or

(c) Involve community partnershi ps with entities including but not limited to

employers, schools, or faith-based organizations.

(15) The cabinet shall authorize no more than ten (10) child-care microcenters to operate

in the state at one (1) time, with no more than two (2) child -care mic rocenters

allowable within a single county.

(16) The cabinet shall develop an outreach plan to raise awareness of the program. This

plan shall include partnerships with nonprofits and local child care resource and

referral agencies in different parts of the state.

(17) (a) By December 1, 2027, the cabinet shall submit a report to the Legislative

Research Commission for referral to the Interim Joint Committee on Families

and Children detailing the number of applications received, the number of

applications approved, the locations of approved and denied applications, the

number of children being served, and the number and nature of approved and

denied variances.

(b) By December 1, 2028, the cabinet shall submit a report to the Legislative

Research Commission for referral to the Interim Joint Committee on Families

and Children containing updated information on all components in paragraph

(a) of this subsection, and also include commentary from the cabinet on the

efficacy of the program in achieving the legislati ve intent of the program

outlined in this section.