2006 Kentucky Revised Statutes - .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.

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. (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 that the applicant is in good health; 3. Submit to a criminal record check in accordance with KRS 17.165. The application shall be denied if the applicant has been convicted of a violent crime or sex crime as defined in KRS 17.165; 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 skin test for the applicant administered 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 and shall be accompanied by a ten dollar ($10) certification fee. 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 of ten dollars ($10). (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 provider 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 the 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 Chapter 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 administrative 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 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. (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 model training curriculum and training materials to cover the areas specified in subsection (1)(a)6. of this section. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 14, sec. 24, effective July 14, 2000; and ch. 308, sec. 19, effective July 14, 2000;. -- Amended 1998 Ky. Acts ch. 426, sec. 158, effective July 15, 1998; and ch. 524, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 91, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 57, sec. 2, effective July 14, 1992. Legislative Research Commission Note (7/14/2000). This section was amended by 2000 Ky. Acts chs. 14 and 308, which are in conflict. Under KRS 446.250, Acts ch. 308, which was last enacted by the General Assembly, prevails.