The Division of Child Care has diligently been working on amending its regulations to ensure clarity and compliance with federal requirements.   922 KAR 2:090 – Child-care center licensure and 922 KAR 2:120 – Child-care health and safety standards have been amended and became effective on February 20, 2025.  The Division of Regulated Child Care will begin surveying on these changes beginning April 1, 2025.

 

Below is a list of the changes made:

 

922 KAR 2:090 – Child-care center licensure

Section 1.  Definitions

Added: (11) instructional program;

(22) staff;        

(24) visitor; and

(25) volunteer.

 

Section 3.  Exempt Child Care Settings.

Added:

(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.

 

Section 8. 

Added “visitor” to:

(3) A volunteer, visitor, or board member shall comply with the policies and procedures of the child-care center.

 

Section 9.  Records

Added “allergy care plan” to:

(1)(g) A permission form for each trip off the premises, and allergy care plan if applicable, signed by the child's parent in accordance with 922 KAR 2:120, Section 14;

 

Added:

(3) A child-care center shall not falsify records required by this section or a staff member's training record.

 

Section 11.  Staff Requirements.

Added the list of Child Care and Development Block Grant (CCDBG) required topics:

(16) In accordance with KRS 199.896(15) and (16), a staff person with supervisory authority over a child shall complete the following:

(a) Six (6) hours of cabinet-approved orientation completed within the first three (3) months of employment in a child care program covering the following topics:

1. Federal minimum health and safety requirements established in 45 C.F.R. 98.41 related to:

a. Prevention and control of infectious diseases, including immunization;

b. Prevention of sudden infant death syndrome and use of safe sleeping practices;

c. Administration of medication, consistent with standards for parental consent;

d. Prevention of and response to emergencies due to food and allergic reactions;

e. Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic;

f. Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment;

g. Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event;

h. Handling and storage of hazardous materials and the appropriate disposal of biological contaminants; and

i. Precautions in transporting children;

2. Recognizing and reporting child abuse; and

3. Developmentally appropriate practices.

 

Added:

(18) A staff person shall not repeat online training courses, including pre-service orientation, unless:

(a) Five (5) years have passed since the online training was completed; or

(b) He or she is required to as part of a disciplinary directive by a state agency.

(19) A staff person shall not accumulate more than fifteen (15) hours of training in a twenty-four (24) hour period

 

Section 13.  Reports

Updated the regulation citation for communicable disease:

(1)(a) Communicable disease, pursuant to 902 KAR 2:020, which shall also be reported to the local health department;

 

 

 

922 KAR 2:120.  Child-care center health and safety standards

Section 2. Child Care Services.

Added:

(2) (e) A child-care center shall develop a written procedure to always maintain supervision, ratios, and group size including during:

1. The beginning of the day;

2. Staff breaks; and

3. Movement from the classroom to another location.

 

and

 

(3)(a)(1) c. Accounted for during movement from one (1) location to another using name-to-face recognition by visually identifying each child.

 

and

 

(14) A child-care center shall ensure all staff members take precautions to prevent shaken baby syndrome, abusive head trauma, and child maltreatment.

 

Section 3. General Requirements.

Added language to fire drills and earthquake drills to include:

(12) (b) Documented, detailing the date and time.

(13) (b) Documented, detailing the date and time.

 

and

 

(14) A written plan shall be in place to communicate reunification with families and accommodations in the event of a natural disaster, fire, shelter-in-place, lockdown, or other emergency for:

(a) Infants and toddlers;

(b) Children with disabilities; and

(c) Children with chronic medical conditions.

 

Section 4. Premises Requirements.

Clarified language to:

(6)  (a) A minimum of thirty-five (35) square feet of indoor space is required per child, exclusive of the:

1. Kitchen;

2. Bathroom;

3. Hallways; and

4. Storage areas; and

      (b) The final total capacity of the center shall be calculated and approved by the cabinet.

 

and

 

Added “have constant and active supervision” to

(20)  An outdoor play area shall have constant and active supervision and shall be….”

 

        (i) Protected by physical or natural barriers from:

1. Traffic;

2. Gullies; and

3. Other hazards.

 

and

 

(28)  (a) Pursuant to 45 C.F.R. 98.41, constant and active supervision shall be maintained around any body of water.

        (b) The body of water shall be:

1. Inaccessible by secured physical or natural barriers of adequate height; and

2. Appropriately secured.

 

 

Section 7. First Aid and Medicine.

Added:

(3)

(d) Biological contaminants, such as bodily fluids, blood, or excretions, shall be handled with disposable gloves as required by 45 C.F.R. 98.41;

(e) Contaminated clothing or other absorbent materials shall be placed in a sealed plastic container or bag labeled with the child's name and returned to the parent; and                       

(f) Soiled surfaces shall be cleaned and disinfected.

 

and

 

(9) Pursuant to 45 C.F.R. 98.41, waste and biological contaminants, such as bodily fluids, blood, or excretions, shall be:

(a) Disposed of in a manner that prevents exposure to children;

(b) Inaccessible to children; and

(c) In a covered plastic-lined receptacle with a close-fitting lid.

 

(10) The child-care center shall ensure each child's food or other allergies and allergy care plan are posted prominently where food is served with the permission of the parent or guardian, including:

(a) Instructions regarding the allergy, including identifying symptoms;

(b) Steps taken to avoid and prevent the allergen; and

(c) A plan of treatment in the event of an allergic reaction, including medication and doses, and that all epinephrine pens shall be administered in accordance with subsection (6)(a)3. of this section.

 

 

Section 12. Toilet, Diapering, and Toiletry Requirements.

Clarified language to include “per building”

(1) A child-care center, per building, shall have a minimum of one (1) toilet and one (1) lavatory for each twenty (20) children. Urinals may be substituted for up to one-half (1/2) of the number of toilets required for a male toilet room.

 

If you have any questions, please feel free to contact Childcare.Regulations@ky.gov or the Family Child Care Network https://www.fccnky.com/contact.