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HOUSE BILL No. 2029—page 40 (4) six months have passed since the date of adjudication. (c) No person shall maintain a child care facility if such person has been found to be a person in need of a guardian or a conservator, or both, as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto. (d)(c) Any person who resides in a child care facility and who has been found to be in need of a guardian or a conservator, or both, shall be counted in the total number of children allowed in care. (d) (1) The secretary for children and families shall allow maintenance of an existing license of a family foster home, as defined in K.S.A. 38-134, and amendments thereto, when: (A) Such applicant or licensee otherwise qualifies for such licensure; and (B) a person who resides in such home: (i) Has been convicted or adjudicated of an offense described in subsection (a); (ii) was a child with such conviction or adjudication in custody of and placed in such home by the secretary; (iii) is less than 26 years of age; and (iv) maintains residence in such home or has been legally adopted by a person who resides in such home. (2) The secretary for children and families may grant a license to or allow maintenance of an existing license of a family foster home, as defined in K.S.A. 38-134, and amendments thereto, if the secretary determines that there are no safety concerns and a person residing in such home otherwise meets the requirements in paragraph (1) but: (A) Is older than 26 years of age; or (B) has an additional conviction or adjudication described in subsection (a) after release from the custody of the secretary for children and families. (3) (A) An applicant or licensee may appeal to the secretary for children and families for review, if such secretary has not granted or allowed the maintenance of a license when such licensure shall or may be otherwise granted or allowed to be maintained under this subsection. (B) Upon review of such appeal, licensure may be granted or allowed to be maintained by the secretary, whose decision shall be final. (e) In accordance with the provisions of this subsection, the secretary of health and environment shall have access to any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information including, but not limited to, diversion agreements, in the possession of the Kansas bureau of investigation and any report of investigations as authorized by K.S.A. 38-2226, and amendments thereto, in the possession of the Kansas department for children and families or court of this state concerning employees in a child care facility. The secretary shall have access to these records for the purpose of determining whether or not the home meets the requirements of K.S.A. 59-2132, 65-503, 65-508 and 65-516, and amendments thereto. (f) In accordance with the provisions of this subsection, the secretary is authorized to conduct national criminal history record checks to determine criminal history on employees in a child care facility. In order to conduct a national criminal history check the secretary shall require fingerprinting for identification and determination of criminal history in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto. (g) (1) The secretary shall adopt rules and regulations to fix a fee for fingerprinting employees in a child care facility, as may be required by the department to reimburse the department for the cost of the fingerprinting. (2) The secretary shall remit all moneys received from the fees established under this section to the state treasurer in accordance with