Georgia B. Childcare

555 - Appropriate Use of Food (922 KAR 2:120 Section 9)

“922 KAR 2:120. Section 9. Food and Drink Requirements for All Child-Care Centers. (2) Food shall not be: (a) Used for reward; (b) Used for discipline; (c) Withheld until all other foods are consumed; or (d) Served while viewing electronic devices.”

465 - Electronic Viewing/Listening Devices (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (4) The child-care center shall provide a daily planned program: (d) Unless the child-care center is a before- or after-school program that operates part day or less, that offers a variety of creative activities including: 12. The use of screen time, electronic viewing and listening devices if the: a. Material is developmentally appropriate to the child using the equipment; b. Material is not a replacement for active play or a substitute for engagement and interaction with other children and adults; c. Material does not include any violence, adult content viewing, or inappropriate language; d. Child is over twenty-four (24) months of age; e. Viewing or listening is discussed with parents beforehand; and f. Viewing or listening is designed as an educational tool used to help children explore, create, problem solve, interact, and learn with and from one another. (5) Screen time shall be: (a) Utilized for: 1. A maximum of thirty (30) minutes per day in a half-day program; 2. A maximum of sixty (60) minutes per day in a full-day program; or 3. The time needed for school-age children to complete assigned non-traditional instruction; and (b) Prohibited for a child under twenty-four (24) months of age. (6) A child who does not wish to use an electronic device during the planned program shall be offered other appropriate activities.”

225 - Licensee Responsibility (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (1) A licensee shall: (a) Be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280; and (b) Protect and ensure the health, safety, and comfort of each child.”

90 - Children Supervised (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (3)(a) Each center shall maintain a child-care program that ensures each child shall be: 1. Provided with adequate supervision at all times by a qualified staff person who ensures the child is: a. Within scope of vision and range of voice; b. For a school-age child, within scope of vision or range of voice; and c. Accounted for during movement from one (1) location to another using name-to-face recognition by visually identifying each child;”

800 - Protective Surface (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (21) A protective surface shall: (a) Be provided for outdoor play equipment used to: 1. Climb; 2. Swing; and 3. Slide; and (b) Have a fall zone equal to the height of the equipment.”

690 - Sink (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (3) A sink shall be: (a) Located in or immediately adjacent to toilet rooms; (b) Equipped with hot and cold running water that allows for hand washing; (c) Equipped with hot water at a minimum temperature of ninety (90) degrees Fahrenheit and a maximum of 120 degrees Fahrenheit; (d) Equipped with liquid soap; (e) Equipped with hand-drying blower or single use disposable hand drying material; (f) Equipped with an easily cleanable waste receptacle; and (g) Immediately adjacent to a changing area used for infants and toddlers.”

570 - Items Accessible Only During Activity (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (8) The following shall be inaccessible to a child in care unless under direct supervision and part of planned program of instruction: (a) Knives and sharp objects; (b) Litter and rubbish; (c) Bar soap; and (d) Plastic bags not used for personal belongings.”

565 - Inaccessible Items (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (7) The following shall be inaccessible to a child in care: (a) Toxic cleaning supplies, poisons, and insecticides; (b) Matches, cigarettes, lighters, and flammable liquids; and (c) Personal belongings and medications of staff.”

555 - Appropriate Use of Food (922 KAR 2:120 Section 9)

“922 KAR 2:120. Section 9. Food and Drink Requirements for All Child-Care Centers. (2) Food shall not be: (a) Used for reward; (b) Used for discipline; (c) Withheld until all other foods are consumed; or (d) Served while viewing electronic devices.”

455 - Program of Activities Followed (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (4) The child-care center shall provide a daily planned program: (a) Posted in writing in a conspicuous location with each age group and followed; (b) Of activities that are individualized and developmentally appropriate for each child served; (c) That provides experience to promote the individual child's physical, emotional, social, and intellectual growth and well-being; and (d) Unless the child-care center is a before- or after-school program that operates part day or less, that offers a variety of creative activities including: 1. Art or music; 2. Math or numbers; 3. Dramatic play; 4. Stories and books; 5. Science or nature; 6. Block building or stacking; 7. Tactile or sensory activity; 8. Multi-cultural exposure; 9. Indoor and outdoor play in which a child makes use of both small and large muscles; 10. A balance of active and quiet play, including group and individual activity; 11. An opportunity for a child to: a. Have some free choice of activities; b. If desired, play apart from the group at times;”

435 - Training (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (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; (b) Nine (9) hours of cabinet-approved early care and education training within the first year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training; and (c) Fifteen (15) hours of cabinet-approved early care and education training completed between July 1 and the following June 30 of each subsequent year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training completed once every five (5) years. (17) A staff person's compliance with training requirements of this section shall be verified through the cabinet-designated database maintained pursuant to 922 KAR 2:240.”

410 - CPR/First Aid Coverage (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (3) For a child-care center licensed for infant, toddler, or preschool-age children, at least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills: (a) Infant and child cardiopulmonary resuscitation; and (b) Infant and child first aid. (4) For a child-care center licensed for school-age children, at least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills: (a) Adult cardiopulmonary resuscitation; and (b) First aid. (5) Cardiopulmonary resuscitation (CPR) and first aid training shall be in addition to the fifteen (15) clock hours requirement in subsection (16) of this section.”

400 - Educational Requirements (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (a) Hired after January 1, 2009, who have supervisory power over a minor and are not enrolled in secondary education, shall have a: 1. High school diploma: 2. GED or qualifying documentation from a comparable educational entity; or 3. Commonwealth Child Care Credential as described in 922 KAR 2:250;”

292 - Precautions to Prevent Shaken Baby Syndrome/Abusive Head Trauma/Child Maltreatment (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (14) A child-care center shall ensure all staff members take precautions to prevent shaken baby syndrome, abusive head trauma, and child maltreatment.”

225 - Licensee Responsibility (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (1) A licensee shall: (a) Be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280; and (b) Protect and ensure the health, safety, and comfort of each child.”

137 - Written Procedure to Maintain Supervision/Ratio/Group Size (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (2) For an operating child-care center, minimum staff-to-child ratios and group size shall be maintained as established in the table established in this subsection. (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.”

1330 - Diapering/Handwashing (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (9) The proper methods of diapering and hand-washing shall be posted at each diaper changing area.”

1307 - Written Reunification Plan (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (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.”

1305 - Monthly Fire, Quarterly Earthquake/Shelter-in-place/Tornado Drills (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (12) A fire drill shall be: (a) Conducted during hours of operation at least monthly; and (b) Documented, detailing the date and time. (13) An earthquake drill, shelter-in-place drill, lockdown drill, and tornado drill shall be: (a) Conducted during hours of operation at least quarterly; and (b) Documented, detailing the date and time.”

1285 - Earthquake/Tornado/Fire Drills (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (h) A written record of quarterly practiced earthquake drills and tornado drills detailing the date, time, and children who participated in accordance with 922 KAR 2:120, Section 3; (i) A written record of practiced fire drills conducted monthly detailing the date, time, and children who participated in accordance with 922 KAR 2:120, Section 3;”

1280 - Professional Development (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (f) A written annual plan for child-care staff professional development;”

1270 - Daily Attendance Records (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (c) Daily attendance records documenting the arrival and departure time of each child, including records that are required in accordance with 922 KAR 2:160, Section 14, if a child receives services from the child-care center through the Child Care Assistance Program;”

1260 - Evacuation Plan (922 KAR 2:090 Section 5)

“922 KAR 2:090. Section 5. Evacuation Plan. (1) A licensed child-care center shall have a written evacuation plan in the event of a fire, natural disaster, or other threatening situation that may pose a health or safety hazard for a child in care in accordance with KRS 199.895 and 42 U.S.C. 9858c(c)(2)(U).”

1250 - Enrollment Information (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (b) A written record for each child: 1. Completed and signed by the child’s parent; 2. Retained on file on the first day the child attends the child-care center; and 3. To contain: a. Identifying information about the child, which includes, at a minimum, the child’s name, address, and date of birth; b. Contact information to enable a person in charge to contact the child’s: (i) Parent at the parent’s home or place of employment; (ii) Family physician; and (iii) Preferred hospital; c. The name of each person who is designated in writing to pick-up the child; d. The child’s general health status and medical history including, if applicable: (i) Allergies; (ii) Restriction on the child’s participation in activities with specific instructions from the child’s parent or health professional; and (iii) Permission from the parent for third-party professional services in the child-care center; e. The name and phone number of each person to be contacted in an emergency involving or impacting the child; f. Authorization by the parent for the child-care center to seek emergency medical care for the child in the parent’s absence;”

1220 - Menu (922 KAR 2:120 Section 10)

“922 KAR 2:120. Section 10. Meal Planning Requirements for a Center that Provides Meals. (9) A weekly menu shall be: (a) Prepared; (b) Dated; (c) Posted in advance in a conspicuous place; (d) Kept on file for thirty (30) days; and (e) Amended in writing with any substitutions on the day the meal is served.”

1100 - Bottle Preparation by Parent (922 KAR 2:120 Section 9)

“922 KAR 2:120. Section 9. Food and Drink Requirements for All Child-Care Centers. (4) Formula or breast milk provided by the parent shall be prepared and labeled.”

1045 - Frozen Food (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (5) Frozen food shall be: (a) Kept at a temperature of zero degrees Fahrenheit or below; and (b) Thawed: 1. At refrigerator temperatures; 2. Under cool, potable running water; 3. As part of the cooking process; or 4. By another method in accordance with the Department for Public Health's food safety standards and permits, established in KRS Chapter 217.”

10 - Background check/submitted/frequency/re-employment/out of state (922 KAR 2:280 Section 3; 922 KAR 2:280 Section 4; 922 KAR 2:280 Section 5)

795 - Playground Conditions (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (20) An outdoor play area shall have constant and active supervision and shall be: (d) Safe from foreseeable hazard; (e) Well drained; (f) Well maintained; (g) In good repair; (h) Visible to staff at all times; and (i) Protected by physical or natural barriers from: 1. Traffic; 2. Gullies; and 3. Other hazards.”

795 - Playground Conditions (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (20) An outdoor play area shall have constant and active supervision and shall be: (d) Safe from foreseeable hazard; (e) Well drained; (f) Well maintained; (g) In good repair; (h) Visible to staff at all times; and (i) Protected by physical or natural barriers from: 1. Traffic; 2. Gullies; and 3. Other hazards.”

835 - Crib/Mattress/Sheet (922 KAR 2:120 Section 6)

“922 KAR 2:120. Section 6. Sleeping and Napping Requirements. (3) Rest time shall occur in an adequate space according to the child’s age as follows: (a) For an infant: 1. An individual non-tiered crib that meets Consumer Product Safety Commission standards established in 16 C.F.R. 1219-1220; 2. A firm crib mattress in good repair with a clean tight-fitted sheet that shall be changed: a. Weekly; or b. Immediately if it is soiled or wet;”

125 - Ratios and Group Size (922 KAR 2:120 Section 2)

“922 KAR 2:120. Section 2. Child Care Services. (2) For an operating child-care center, minimum staff-to-child ratios and group size shall be maintained as established in the table established in this subsection. Age of Children Ratio Maximum Group Size* Infant 1 staff for 5 children 10 Toddler 12 to 24 months 1 staff for 6 children 12 Toddler 24 to 36 months 1 staff for 10 children 20 Preschool-age 3 to 4 years 1 staff for 12 children 24 Preschool-age 4 to 5 years 1 staff for 14 children 28 School-age 5 to 7 years 1 staff for 15 children 30 School-age 7 and older 1 staff for 25 children (for before and after school) 30 1 staff for 20 children (full day of care) 30 *Maximum Group Size shall be applicable only to Type I child-care centers. (b) The age of the youngest child in the group shall determine the: 1. Staff-to-child ratio; and 2. Maximum group size.”

565 - Inaccessible Items (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (7) The following shall be inaccessible to a child in care: (a) Toxic cleaning supplies, poisons, and insecticides; (b) Matches, cigarettes, lighters, and flammable liquids; and (c) Personal belongings and medications of staff.”

405 - TB Verification (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (b) Shall provide, prior to employment and every two (2) years thereafter: 1. A statement from a health professional that the individual is free of active tuberculosis; or 2. A copy of negative tuberculin results.”

400 - Educational Requirements (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (a) Hired after January 1, 2009, who have supervisory power over a minor and are not enrolled in secondary education, shall have a: 1. High school diploma: 2. GED or qualifying documentation from a comparable educational entity; or 3. Commonwealth Child Care Credential as described in 922 KAR 2:250;”

195 - Plan of Correction/15 days (922 KAR 2:090 Section 15)

“922 KAR 2:090. Section 15. Statement of Deficiency and Corrective Action Plans. (2) Except for a violation posing an immediate threat as handled in accordance with KRS 199.896(5)(c), a child-care center shall submit a written corrective action plan to the cabinet or its designee within fifteen (15) calendar days of the date of the statement of deficiency to eliminate or correct the regulatory violation.”