Next Generation Child Development Center

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;”

865 - Indoor/Outdoor Equipment (922 KAR 2:120 Section 13)

“922 KAR 2:120. Section 13. Toys and Furnishings. (2) Indoor and outdoor equipment shall: (a) Be clean, safe, and in good repair; (b) Meet the physical, developmental needs, and interests of children of different age groups; (c) Be free from sharp points or corners, splinters, protruding nails or bolts, loose or rusty parts, hazardous small parts, lead-based paint, poisonous material, and flaking or chalking paint; and (d) Be designed to guard against entrapment or situations that may cause strangulation.”

85 - Employment Status (922 KAR 2:280 Section 11)

“922 KAR 2:280. Section 11. Status of Employment. (1) A child care provider shall maintain the employment or residential status of each child care staff member who has submitted to a fingerprint- based criminal background check by reporting the status using the NBCP Web-based system.”

705 - Staff Hygiene/Handwashing (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (5) Staff shall: (a) Maintain personal cleanliness; (b) Conform to hygienic practices while on duty; (c) Except as established in paragraph (d) of this subsection, wash their hands with liquid soap and running water: 1. Upon arrival at the center; 2. After toileting or assisting a child in toileting; 3. Before and after diapering each child; 4. After wiping or blowing a child’s or own nose; 5. After handling animals; 6. After caring for a sick child; 7. Before and after feeding a child or eating; 8. Before dispensing medication; 9. After smoking or vaping; and 10. If possible, before administering first aid; and (d) Use hand sanitizer or hand-sanitizing wipes if liquid soap and warm running water are not available in accordance with paragraph (c) of this subsection. The staff shall wash the staff's hands as soon as practicable once liquid soap and warm running water are available.”

700 - Child Personal Care/Handwashing (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (4) A child shall: (a) Be helped with personal care and cleanliness based upon his or her developmental skills; (b) Except as established in paragraph (c) of this subsection, wash his or her hands with liquid soap and warm running water: 1. a. Upon arrival at the center; or b. Within thirty (30) minutes of arrival for school-age children; 2. Before and after eating or handling food; 3. After toileting or diaper change; 4. After handling animals; 5. After touching an item or an area of the body soiled with body fluids or wastes; and 6. After outdoor or indoor play time; and (c) Use hand sanitizer or hand-sanitizing wipes if liquid soap and warm running water are not available in accordance with paragraph (b) of this subsection. The child shall wash the child's hands as soon as practicable once liquid soap and warm running water are available.”

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.”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

590 - Phone Requirement (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (1) The premises shall be: (c) Equipped with: 1. A working telephone accessible to a room used by a child; and 2. A list of emergency numbers posted by the telephone or maintained in the telephone's contact, including numbers for the: a. Police department; b. Fire department; c. Emergency medical care and rescue squad; and d. Poison control center.”

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.”

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.”

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.”

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.”

360 - Staff Evaluation (922 KAR 2:090 Section 10)

“922 KAR 2:090. Section 10. Director Requirements and Responsibilities. (1) A director shall: (j) Assess each staff person's interaction with children in care and classroom performance through an annual written performance evaluation;”

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.”

1325 - Daily Activities (922 KAR 2:090 Section 10)

“922 KAR 2:090. Section 10. Director Requirements and Responsibilities. (1) A director shall: (h) Post a schedule of daily activities, to include dates and times of activities to be conducted with the children in each classroom;”

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.”

1295 - Confidentiality/Maintenance/Access (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (2) A child-care center shall: (a) Maintain the confidentiality of a child’s record and information concerning a child or the child's parent; (b) Maintain all records for five (5) years; and (c) Provide the cabinet access and information in the completion of the investigation pursuant to KRS 620.030.”

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;”

1245 - Immunization (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (a) A current immunization certificate for each child in care within thirty (30) days of the child’s enrollment, unless an attending physician or the child’s parent objects to the immunization of the child pursuant to KRS 214.036;”

1185 - Breakfast Requirements (922 KAR 2:120 Section 10)

“922 KAR 2:120. Section 10. Meal Planning Requirements for a Center that Provides Meals. (1) Breakfast shall include the following three (3) components: (a) Milk; (b) Bread or grain, which may: 1. Be exchanged for a meat or meat alternative up to three (3) times per week; and 2. Include ready-to-eat cereal with six (6) grams of sugar or less per dry ounce; and (c)1. Fruit; 2. Vegetable; or 3. 100 percent juice.”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

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.”

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;”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

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; (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.”

415 - CPR/First Aid Required Training (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (8) Each center shall ensure that every staff member has received training on first aid and cardiopulmonary resuscitation (CPR).”

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.”

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.”

150 - Fire Marshal (922 KAR 2:090 Section 6)

“922 KAR 2:090. Section 6. License Issuance. (8) To qualify for a preliminary license, or maintain a regular license, a child-care center shall: (b) Be approved by the Office of the State Fire Marshal or designee;”

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. (13) An earthquake drill, shelter-in-place or lockdown drill, and tornado drill shall be: (a) Conducted during hours of operation at least quarterly; and (b) Documented.”

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;”

1245 - Immunization (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (a) A current immunization certificate for each child in care within thirty (30) days of the child’s enrollment, unless an attending physician or the child’s parent objects to the immunization of the child pursuant to KRS 214.036;”

775 - Medication (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (6) Medication, including refrigerated medication, shall be: (a) Stored in a separate and locked place, out of the reach of a child unless the medication is: 1. A first aid supply and is maintained in accordance with subsection (1) of this section; 2. Diaper cream, sunscreen, or toothpaste. Diaper cream, sunscreen, or toothpaste shall be inaccessible to a child; 3. An epinephrine auto-injector. A licensed child-care center shall comply with KRS 199.8951 and 311.646, including: a. An epinephrine auto-injector shall be inaccessible to a child; b. A child-care center shall have at least one (1) person onsite who has received training on the administration of an epinephrine auto-injector if the child-care center maintains an epinephrine auto-injector; c. A child-care center shall seek emergency medical care for a child if an auto-injector is administered to the child; and d. A child-care center shall report to the child's parent and the cabinet in accordance with 922 KAR 2:090, Section 13(1)(b) if an epinephrine auto-injector is administered to a child; or 4. An emergency or rescue medication for a child in care, such as medication to respond to diabetic or asthmatic condition, as prescribed by the child's physician. Emergency or rescue medication shall be inaccessible to a child in care; (b) Kept in the original bottle; and (c) Properly labeled. (7) Medication shall not be given to a child if the medication's expiration date has passed.”

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.”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

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; (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.”

415 - CPR/First Aid Required Training (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (8) Each center shall ensure that every staff member has received training on first aid and cardiopulmonary resuscitation (CPR).”

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.”

360 - Staff Evaluation (922 KAR 2:090 Section 10)

“922 KAR 2:090. Section 10. Director Requirements and Responsibilities. (1) A director shall: (j) Assess each staff person's interaction with children in care and classroom performance through an annual written performance evaluation;”

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 assure the health, safety, and comfort of each child.”

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.”

150 - Fire Marshal (922 KAR 2:090 Section 6)

“922 KAR 2:090. Section 6. License Issuance. (8) To qualify for a preliminary license, or maintain a regular license, a child-care center shall: (b) Be approved by the Office of the State Fire Marshal or designee;”

1305 - Fire 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. (13) An earthquake drill, shelter-in-place or lockdown drill, and tornado drill shall be: (a) Conducted during hours of operation at least quarterly; and (b) Documented.”

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;”