5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: Licensed Type I child care centers provide care for 4 or more children in a nonresidential setting or 13 or more children in a designated space separate from the primary residence of the licensee. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/120/ Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: A Type II child care provider delivers care in the residence of the licensee in which Kentucky child care is regularly provided for seven (7), but no more than twelve (12), children including children related to the licensee. Citation: Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/120/ A Certified 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. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/100/ Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: Registered relative providers are eligible for Child Care Assistance Program (CCAP) funds in Kentucky.Registered relative providers are limited to only caring for children who are related to the caregiver. Registered relative providers must adhere to the following regulations: 922 KAR 2:180. Requirements for registered relative child care providers in the Child Care Assistance Program and 922 KAR 2:160 must be followed; more specifically: 922 KAR 2:160 Section 14 (5) (5). Care can be provided in the providers home or in the child's home. The initial application process determines where care is taking place. [ ] No. c. Identify the in-home providers subject to licensing: A Type II child care provider delivers care in the residence of the licensee in which Kentucky child care is regularly provided for seven (7), but no more than twelve (12), children including children related to the licensee. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/120 A Certified 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. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/100/ Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. License-exempt programs are not able to participate in CCDF. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. 922 KAR 2:090, Section 3, outlines the exempt child care settings: The following child-care settings shall be exempt from licensure requirements of this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280: (1) Summer camps permitted by the cabinet as youth camps that serve school-age children; (2) Kindergarten through grade 12 in private schools while school is in session; (3) All programs and preschools regulated by the Kentucky Department of Education governed by KRS Chapter 157; (4) Summer programs operated by a religious organization that a child attends no longer than two (2) weeks; (5) Child care provided while parents are on the premises, other than the employment and educational site of parents; (6) Child care programs operated by the armed services located on an armed forces base; (7) Child care provided by educational programs that include parental involvement with the care of the child and the development of parenting skills; (8) Facilities operated by a religious organization while religious services are being conducted; (9) A child care program providing instructional and educational programs that: (a) Operates for a maximum of twenty (20) hours per week; and (b) A child attends for no more than ten (10) hours per week; (10) A child-care center that meets requirements of KRS 199.896(19) or (20); (11) An after-school program, which is: (a) A continuation of the school day during the academic year; (b) Operated and staffed by an accredited private or public school under the purview of the Kentucky Department of Education; and (c) Not participating in the Child Care Assistance Program in accordance with 922 KAR 2:160; and (12) An instructional program for school-age children that demonstrates to the cabinet that the requirements established in KRS 199.896(21) have been met. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/090/ iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Kentucky Administrative Regulation, 922 KAR 2:090, provides limited exemptions from child care licensing. Programs who are exempt from child care licensing and regulations are typically regulated by another agency, such as the Kentucky Department of Education. These exemptions do not endanger the health, safety and welfare of the children, because in the majority of cases, the programs require background checks and have infectious disease requirements for participation. In Kentucky, per statutorily established exemption in KRS 199:896, programs that operate for less than 20 hours per week, in which children attend less than 10 hours, shall be exempt from child care licensing requirements. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/090/ b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. A Registered Relative child care provider is not subject to licensure or certification by the state or federal government but must meet all requirements of the Child Care Assistance Program (CCAP) as outlined in 922 KAR 2:180. Registered relative providers must meet the minimum health, safety and training requirements specific to registered relative providers including age-appropriate CPR and first aid, and Pediatric Abusive Head Trauma training. "Providers must have: Section 2(1)(b) 6. Completed background checks in accordance with 922 KAR 2:280; Section 2 (2)(b) ￿verification that the applicant has obtained training approved by the cabinet or its designee in the areas of: 1. Recognition of child abuse and neglect, which shall include one and one-half (1.5) hours of cabinet-approved pediatric abusive head trauma training in accordance with KRS 199.896(16); and 2. Age-appropriate cardiopulmonary resuscitation (CPR) and first aid certified by a training agency that has been approved by the cabinet as providing research- based and scientific best practices" Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/180/ ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Per 922 KAR 2:180 Section 6 Child Ratios. During the hours of operation, a registered relative child care provider shall not care for more than: Six (6) children receiving CCAP per day or a total of eight (8) children inclusive of the provider's own children. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/180/ iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Registered Relative child care providers are eligible for Child Care Assistance Program (CCAP) funds in Kentucky. Registered providers must adhere to the following regulations: 922 KAR 2:180. This regulation requires a registered relative provider to be related to the child receiving CCAP; to complete the Registered Relative Provider Application (DCC-95 for care provided in the provider's home or the DCC-96 for care provided in child's home); to complete an IRS W-9 - Request for Taxpayer Identification Number and Certification; to provide photo identification or birth certificate; to verify Social Security number; to complete a background check in accordance with 922 KAR 2:280; and to provide verification that the individual has completed the cabinet- approved training on billing and the DCC-94E. Requirements for registered relative child care providers in the Child Care Assistance Program and 922 KAR 2:160. Child Care Assistance Program. Citation: https://apps.legislature.ky.gov/law/kar/titles/922/002/180/ c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. N/A ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A