KRS 199.8982: Family child -care home certification program -- When required --

Requirements for certification -- Unannounced inspection -- Use of

information -- Authority to promulgate administrative regulations -- Hearing -

- Emergency action -- Training -- Powers of local government in regulation of

certified family child-care homes -- Exemptions.

(1) (a) The cabinet shall establish a family child -care home certification program

which shall be administered by the department. A family child -care provider

shall apply for certification of the provider's home if the provider is caring for

four (4) to six (6) children unrelated to the provider. A family child -care

provider caring for three (3) or fewer children may apply for certification of

the provider's home at the discretion of the provider. Applicants for

certification shall not have been found by the cabinet or a court to have

abused or neglected a child, and shall meet the following minimum

requirements:

1. Submit two (2) written character references;

2. Provide a written statement from a physician or advanced practice

registered nurse that the applicant is in good health;

3. Submit to a criminal record check in accordance with KRS 199.8965;

4. Provide smoke detectors, a telephone, an adequate water supply ,

sufficient lighting and space, and a safe environment in the residence in

which care is provided;

5. Provide a copy of the results of a tuberculosis risk assessment and the

results of any appropriate follow -up with skin testing or chest X -ray for

applicants who are determined to be at risk for developing tuberculosis

in accordance with the recommendations of the Centers for Disease

Control and Prevention within thirty (30) days of the date of application

for certification; and

6. Demonstrate completion of a total of at least six (6) hours of training in

the following areas within three (3) months of application for

certification:

a. Basic health, safety, and sanitation;

b. Recognizing and reporting child abuse; and

c. Developmentally appropriate child-care practice.

(b) Initial applications for certification shall be made to the department. The

cabinet may promulgate administrative regulations to establish fees that shall

not exceed costs of the program to the cabinet, for proper administration of

the certification. The department shall issue a certificate of operation upon

inspecting the family child -care home and determining the provider's

compliance with the provisions of this section. The inspection shall be

unannounced. A certificate of operation issued pursuant to this section shall

not be transferable and shall be renewed every two (2) years for a fee that

shall not exceed costs of the program to the cabinet for renewal.

(c) A certified family child-care provider shall display the certificate of operation

in a prominent place within the residence in which care is provided. The

cabinet shall provide the certified family child -care provider with written

information explaining the requirements for a family day -care pro vider and

instructions on the method of reporting violations of the requirements which

the provider shall distribute to parents.

(d) Upon request of any person, the cabinet shall provide information regarding

the denial, revocation, suspension, or violation of any type of day-care license

of the family child -care provider. Identifying information regarding children

and their families shall remain confidential.

(e) The cabinet shall provide, upon request, public information regarding the

inspections of and t he plans of correction for the family child -care home

within the past year. All information distributed by the cabinet under this

paragraph shall include a statement indicating that the reports as provided

under this paragraph from the past five (5) years are available from the family

child-care home upon the parent's, custodian's, guardian's, or other interested

person's request.

(f) The cabinet shall promulgate administrative regulations in accordance with

KRS Chapter 13A which establish standards for the issuance, monitoring,

release of information under this section and KRS 199.896 and 199.898,

renewal, denial, revocation, and suspension of a certificate of operation for a

family child-care home and establish criteria for the denial of certification if

criminal records indicate convictions that may impact the safety and security

of children in care. A denial, suspension, or revocation of a certificate may be

appealed, and upon appeal an administrative hearing shall be conducted in

accordance with KRS Chap ter 13B. If the cabinet has probable cause to

believe that there is an immediate threat to the public health, safety, or

welfare, the cabinet may take emergency action to suspend a certificate

pursuant to KRS 13B.125. The cabinet shall promulgate administr ative

regulations to impose minimum staff -to-child ratios. The cabinet may

promulgate administrative regulations relating to other requirements

necessary to ensure minimum safety in family child -care homes. The cabinet

shall develop and provide an easy -to-read guide containing the following

information to a family child -care provider seeking certification of his or her

home:

1. Certification requirements and procedures;

2. Information about available child-care training; and

3. Child-care food sponsoring organizations.

(2) Family child -care providers shall annually demonstrate to the department

completion of at least six (6) hours of training in child development. These hours

shall include but are not limited to:

(a) One and one -half (1.5) hours one (1) time every five (5) years of continuing

education in the recognition and prevention of pediatric abusive head trauma,

as defined in KRS 620.020. Training in recognizing pediatric abusive head

trauma may be designed in collaboration with organizations and agenc ies that

specialize in the prevention and recognition of pediatric abusive head trauma

approved by the secretary of the Cabinet for Health and Family Services; and

(b) One (1) hour one (1) time every three (3) years of continuing education in the

recognition and prevention of pediatric ingestion or inhalation of controlled

substances.

The continuing education required under this subsection shall be included in the

current number of required continuing education hours.

(3) The cabinet shall, either through the development of or approval of, make available

a model training curriculum and training materials, including video instructional

materials, to cover the areas specified in subsection (1)(a)6. of this section. The

cabinet shall develop or approve the mod el training curriculum and training

materials to cover the areas specified in subsection (1)(a)6. of this section.

(4) (a) As used in this subsection "local government" means a city, county, charter

county, urban-county government, consolidated local gover nment, or unified

local government.

(b) The provisions of this section shall supersede all local government ordinances

or regulations pertaining to the certification, licensure, and training

requirements related to the operation of family child -care homes and a local

government shall not adopt or enforce any additional licensure, certification,

or training requirements specifically applicable to family child -care homes in

addition to those provided in this section. This subsection shall not be

interpreted or construed to exempt family child -care homes from compliance

with local government ordinances and regulations that apply generally within

the jurisdiction.

(c) Because the availability of adequate child-care as an essential business is vital

to the Common wealth's state and local economies, a local government that

has adopted land use regulations pursuant to KRS Chapter 100 shall

specifically name family child-care homes in the text of its zoning regulations

to authorize the board of adjustments to separate ly consider the applications

of proposed family child -care homes for conditional use permits within the

residential zones of the planning unit where they are not a fully permitted use

pursuant to KRS 100.237.

(5) Notwithstanding any state law or administrative regulation to the contrary:

(a) A child-care provider located on a military installation or military facility that

is licensed or certified as a family child -care provider by the United States

Department of Defense (DOD), any branch of the Armed Force s as defined in

KRS 40.010, the National Guard, or reserve component thereof shall be

exempt from the requirements of this section;

(b) For a pilot period of two (2) years, beginning July 1, 2026, through June 30,

2028, a family child-care home shall be ex empt from the requirements of this

section if it is:

1. Located outside of the boundaries of a military installation of any

branch of the Armed Forces as defined in KRS 40.010;

2. Providing child care exclusively to children eligible for care under the

DOD Instruction 6060.02;

3. Has a certificate issued by the DOD to provide child care; and

4. Has completed background screening by the DOD pursuant to 34 U.S.C.

sec. 20351 and 32 C.F.R. pt. 86 and has received a favorable suitability

and fitness determination;

(c) During the pilot period established in paragraph (b) of this subsection:

1. The regula tory authority having oversight of family child care -homes

for each respective military installation shall:

a. Be responsible for registering each DOD -certified family child -

care home with the cabinet by providing, upon certification:

i. Name of the family child-care home operator;

ii. Address of the family child-care home;

iii. Military installation providing oversight over the family

child-care home;

iv. Number of children permitted to be served by the family

child-care home; and

v. Number of children actively enrolled in the family child-care

home;

b. Provide the cabinet with updates to its registrations on a quarterly

basis; and

c. Immediately notify the department when the DOD adds or

removes a family child -care home operating under this subsection

from its registry or closes a family child-care home for cause;

2. In the event the program's DOD certification as a family child -care

home operator is suspended or terminated due to noncompliance with

the health, safety, or licensing standards or there is sub stantiated

evidence of child abuse, neglect, or endangerment, the operator shall be

ineligible to apply for a child -care license or certification pursuant to

this chapter and, if voluntarily certified by the cabinet under this

chapter, shall be subject to an administrative action revoking its child -

care certification; and

3. If the DOD substantiates child abuse, neglect, or endangerment, the

operator shall have the operator's name placed on the Kentucky Child

Abuse and Neglect Central Registry and shall not be employed at any

state-regulated child care program; and

(d) The Cabinet for Health and Family Services shall provide two (2) reports on

the registration data required in paragraph (c) of this subsection to the

Legislative Research Commission for referr al to the Interim Joint Committee

on Families and Children, with the first due by December 1, 2026, and the

second due by December 1, 2027.