{"data":{"id":"us-ky/krs-199.8982","jurisdiction":"us-ky","citation":"KRS 199.8982","heading":"Family child -care home certification program -- When required --","body":"Requirements for certification -- Unannounced inspection -- Use of\ninformation -- Authority to promulgate administrative regulations -- Hearing -\n- Emergency action -- Training -- Powers of local government in regulation of\ncertified family child-care homes -- Exemptions.\n(1) (a) The cabinet shall establish a family child -care home certification program\nwhich shall be administered by the department. A family child -care provider\nshall apply for certification of the provider's home if the provider is caring for\nfour (4) to six (6) children unrelated to the provider. A family child -care\nprovider caring for three (3) or fewer children may apply for certification of\nthe provider's home  at the discretion of the provider. Applicants for\ncertification shall not have been found by the cabinet or a court to have\nabused or neglected a child, and shall meet the following minimum\nrequirements:\n1. Submit two (2) written character references;\n2. Provide a written statement from a physician or advanced practice\nregistered nurse that the applicant is in good health;\n3. Submit to a criminal record check in accordance with KRS 199.8965;\n4. Provide smoke detectors, a telephone, an adequate water supply ,\nsufficient lighting and space, and a safe environment in the residence in\nwhich care is provided;\n5. Provide a copy of the results of a tuberculosis risk assessment and the\nresults of any appropriate follow -up with skin testing or chest X -ray for\napplicants who are determined to be at risk for developing tuberculosis\nin accordance with the recommendations of the Centers for Disease\nControl and Prevention within thirty (30) days of the date of application\nfor certification; and\n6. Demonstrate completion of a total of at least six (6) hours of training in\nthe following areas within three (3) months of application for\ncertification:\na. Basic health, safety, and sanitation;\nb. Recognizing and reporting child abuse; and\nc. Developmentally appropriate child-care practice.\n(b) Initial applications for certification shall be made to the department. The\ncabinet may promulgate administrative regulations to establish fees that shall\nnot exceed costs of the program to the cabinet, for proper administration of\nthe certification. The department shall issue a certificate of operation upon\ninspecting the family child -care home and determining the provider's\ncompliance with the provisions of this section. The inspection shall be\nunannounced. A certificate of operation issued pursuant to this section shall\nnot be transferable and shall be renewed every two (2) years for a fee that\nshall not exceed costs of the program to the cabinet for renewal.\n(c) A certified family child-care provider shall display the certificate of operation\nin a prominent place within the residence in which care is provided. The\ncabinet shall provide the certified family child -care provider with written\ninformation explaining the requirements for a family day -care pro vider and\ninstructions on the method of reporting violations of the requirements which\nthe provider shall distribute to parents.\n(d) Upon request of any person, the cabinet shall provide information regarding\nthe denial, revocation, suspension, or violation of any type of day-care license\nof the family child -care provider. Identifying information regarding children\nand their families shall remain confidential.\n(e) The cabinet shall provide, upon request, public information regarding the\ninspections of and t he plans of correction for the family child -care home\nwithin the past year. All information distributed by the cabinet under this\nparagraph shall include a statement indicating that the reports as provided\nunder this paragraph from the past five (5) years are available from the family\nchild-care home upon the parent's, custodian's, guardian's, or other interested\nperson's request.\n(f) The cabinet shall promulgate administrative regulations in accordance with\nKRS Chapter 13A which establish standards for the  issuance, monitoring,\nrelease of information under this section and KRS 199.896 and 199.898,\nrenewal, denial, revocation, and suspension of a certificate of operation for a\nfamily child-care home and establish criteria for the denial of certification if\ncriminal records indicate convictions that may impact the safety and security\nof children in care. A denial, suspension, or revocation of a certificate may be\nappealed, and upon appeal an administrative hearing shall be conducted in\naccordance with KRS Chap ter 13B. If the cabinet has probable cause to\nbelieve that there is an immediate threat to the public health, safety, or\nwelfare, the cabinet may take emergency action to suspend a certificate\npursuant to KRS 13B.125. The cabinet shall promulgate administr ative\nregulations to impose minimum staff -to-child ratios. The cabinet may\npromulgate administrative regulations relating to other requirements\nnecessary to ensure minimum safety in family child -care homes. The cabinet\nshall develop and provide an easy -to-read guide containing the following\ninformation to a family child -care provider seeking certification of his or her\nhome:\n1. Certification requirements and procedures;\n2. Information about available child-care training; and\n3. Child-care food sponsoring organizations.\n(2) Family child -care providers shall annually demonstrate to the department\ncompletion of at least six (6) hours of training in child development. These hours\nshall include but are not limited to:\n(a) One and one -half (1.5) hours one (1) time  every five (5) years of continuing\neducation in the recognition and prevention of pediatric abusive head trauma,\nas defined in KRS 620.020. Training in recognizing pediatric abusive head\ntrauma may be designed in collaboration with organizations and agenc ies that\nspecialize in the prevention and recognition of pediatric abusive head trauma\napproved by the secretary of the Cabinet for Health and Family Services; and\n(b) One (1) hour one (1) time every three (3) years of continuing education in the\nrecognition and prevention of pediatric ingestion or inhalation of controlled\nsubstances.\nThe continuing education required under this subsection shall be included in the\ncurrent number of required continuing education hours.\n(3) The cabinet shall, either through the development of or approval of, make available\na model training curriculum and training materials, including video instructional\nmaterials, to cover the areas specified in subsection (1)(a)6. of this section. The\ncabinet shall develop or approve the mod el training curriculum and training\nmaterials to cover the areas specified in subsection (1)(a)6. of this section.\n(4) (a) As used in this subsection \"local government\" means a city, county, charter\ncounty, urban-county government, consolidated local gover nment, or unified\nlocal government.\n(b) The provisions of this section shall supersede all local government ordinances\nor regulations pertaining to the certification, licensure, and training\nrequirements related to the operation of family child -care homes and a local\ngovernment shall not adopt or enforce any additional licensure, certification,\nor training requirements specifically applicable to family child -care homes in\naddition to those provided in this section. This subsection shall not be\ninterpreted or construed to exempt family child -care homes from compliance\nwith local government ordinances and regulations that apply generally within\nthe jurisdiction.\n(c) Because the availability of adequate child-care as an essential business is vital\nto the Common wealth's state and local economies, a local government that\nhas adopted land use regulations pursuant to KRS Chapter 100 shall\nspecifically name family child-care homes in the text of its zoning regulations\nto authorize the board of adjustments to separate ly consider the applications\nof proposed family child -care homes for conditional use permits within the\nresidential zones of the planning unit where they are not a fully permitted use\npursuant to KRS 100.237.\n(5) Notwithstanding any state law or administrative regulation to the contrary:\n(a) A child-care provider located on a military installation or military facility that\nis licensed or certified as a family child -care provider by the United States\nDepartment of Defense (DOD), any branch of the Armed Force s as defined in\nKRS 40.010, the National Guard, or reserve component thereof shall be\nexempt from the requirements of this section;\n(b) For a pilot period of two (2) years, beginning July 1, 2026, through June 30,\n2028, a family child-care home shall be ex empt from the requirements of this\nsection if it is:\n1. Located outside of the boundaries of a military installation of any\nbranch of the Armed Forces as defined in KRS 40.010;\n2. Providing child care exclusively to children eligible for care under the\nDOD Instruction 6060.02;\n3. Has a certificate issued by the DOD to provide child care; and\n4. Has completed background screening by the DOD pursuant to 34 U.S.C.\nsec. 20351 and 32 C.F.R. pt. 86 and has received a favorable suitability\nand fitness determination;\n(c) During the pilot period established in paragraph (b) of this subsection:\n1. The regula tory authority having oversight of family child care -homes\nfor each respective military installation shall:\na. Be responsible for registering each DOD -certified family child -\ncare home with the cabinet by providing, upon certification:\ni. Name of the family child-care home operator;\nii. Address of the family child-care home;\niii. Military installation providing oversight over the family\nchild-care home;\niv. Number of children permitted to be served by the family\nchild-care home; and\nv. Number of children actively enrolled in the family child-care\nhome;\nb. Provide the cabinet with updates to its registrations on a quarterly\nbasis; and\nc. Immediately notify the department when the DOD adds or\nremoves a family child -care home operating under this subsection\nfrom its registry or closes a family child-care home for cause;\n2. In the event the program's DOD certification as a family child -care\nhome operator is suspended or terminated due to noncompliance with\nthe health, safety, or licensing standards or there is sub stantiated\nevidence of child abuse, neglect, or endangerment, the operator shall be\nineligible to apply for a child -care license or certification pursuant to\nthis chapter and, if voluntarily certified by the cabinet under this\nchapter, shall be subject to an administrative action revoking its child -\ncare certification; and\n3. If the DOD substantiates child abuse, neglect, or endangerment, the\noperator shall have the operator's name placed on the Kentucky Child\nAbuse and Neglect Central Registry and shall not  be employed at any\nstate-regulated child care program; and\n(d) The Cabinet for Health and Family Services shall provide two (2) reports on\nthe registration data required in paragraph (c) of this subsection to the\nLegislative Research Commission for referr al to the Interim Joint Committee\non Families and Children, with the first due by December 1, 2026, and the\nsecond due by December 1, 2027.","path":["KRS Chapter 199"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57467","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:55Z","sha256":"08f27331eaae15fd5be7f9fd2dbb66c68b7c0fa4bddaee7e8e1e57011c4a0220","source_id":"us-ky","stale":false,"prev":"us-ky/krs-199.898","next":"us-ky/krs-199.8983"},"notice":"GroundRules: Original legal text. Not legal advice."}