The Learning Tree for Children Too

815 - Play Equipment (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (25) Supports for climbing apparatus and large equipment shall be securely fastened to the ground. (26) Crawl spaces, such as tunnels, shall be short and wide enough to permit access by adults. (27) A sandbox shall be: (a) Constructed to allow for drainage; (b) Covered when not in use; (c) Kept clean; and (d) Checked for vermin prior to use.”

805 - Fence Construction (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (24) Fences shall be: (a) Constructed of safe material; (b) Stable; and (c) In good condition.”

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.”

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.”

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.”

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;”

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

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;”

1030 - Food Service Permit (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (2) A child-care center required to have a food service permit shall be in compliance with 902 KAR 45:005 and this administrative regulation.”

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 assures 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; or b. For a school-age child, within scope of vision or range of voice;”

685 - Toilet Room (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (2) A toilet room shall: (a) 1. Be provided for each gender; or 2. A plan shall be implemented to use the same toilet room at separate times; (b) Have a supply of toilet paper; and (c) Be cleaned and disinfected daily.”

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.”

585 - Premises Requirements (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (1) The premises shall be: (a) Suitable for the purpose intended; (b) Kept clean and in good repair;”

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.”

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).”

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;”

1310 - Posting Requirements (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (6) In addition to the posting requirement of KRS 199.898(3), a child-care center shall post the following in a conspicuous place and make available for public inspection: (a) The provider's preliminary or regular license; (b) Each statement of deficiency and civil penalty notice issued by the cabinet during the current licensure year; (c) Each plan of correction submitted by the child-care center to the cabinet during the current licensure year; (d) Information on the Kentucky Consumer Product Safety Program and the program's Web site as specified in KRS 199.897; (e) A description of services provided by the child-care center, including: 1. Current rates for child care; and 2. Each service charged separately and in addition to the basic rate for child care; (f) Minimum staff-to-child ratios and group size established in 922 KAR 2:120; and (g) Daily planned 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;”

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;”

1075 - Food Clean/Free From Spoilage (922 KAR 2:120 Section 9)

“922 KAR 2:120. Section 9. Food and Drink Requirements for All Child-Care Centers. (1) Food shall be: (a) Clean; (b) Free from: 1. Spoilage; 2. Adulteration; and 3. Misbranding; (c) Safe for human consumption; (d) Withheld from service or discarded if the food is hermetically sealed, nonacidic, or low-acidic food that has been processed in a place other than a commercial food-processing establishment;”

1040 - Refrigerator (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (4) A cold-storage facility used for storage of perishable food in a nonfrozen state shall: (a) Have an indicating thermometer or other appropriate temperature measuring device; (b) Be in a safe environment for preservation; and (c) Be forty (40) degrees Fahrenheit or below.”

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 assures 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; or b. For a school-age child, within scope of vision or range of voice;”

685 - Toilet Room (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (2) A toilet room shall: (a) 1. Be provided for each gender; or 2. A plan shall be implemented to use the same toilet room at separate times; (b) Have a supply of toilet paper; and (c) Be cleaned and disinfected daily.”

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.”

585 - Premises Requirements (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (1) The premises shall be: (a) Suitable for the purpose intended; (b) Kept clean and in good repair;”

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.”

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).”

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;”

1310 - Posting Requirements (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (6) In addition to the posting requirement of KRS 199.898(3), a child-care center shall post the following in a conspicuous place and make available for public inspection: (a) The provider's preliminary or regular license; (b) Each statement of deficiency and civil penalty notice issued by the cabinet during the current licensure year; (c) Each plan of correction submitted by the child-care center to the cabinet during the current licensure year; (d) Information on the Kentucky Consumer Product Safety Program and the program's Web site as specified in KRS 199.897; (e) A description of services provided by the child-care center, including: 1. Current rates for child care; and 2. Each service charged separately and in addition to the basic rate for child care; (f) Minimum staff-to-child ratios and group size established in 922 KAR 2:120; and (g) Daily planned 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;”

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;”

1075 - Food Clean/Free From Spoilage (922 KAR 2:120 Section 9)

“922 KAR 2:120. Section 9. Food and Drink Requirements for All Child-Care Centers. (1) Food shall be: (a) Clean; (b) Free from: 1. Spoilage; 2. Adulteration; and 3. Misbranding; (c) Safe for human consumption; (d) Withheld from service or discarded if the food is hermetically sealed, nonacidic, or low-acidic food that has been processed in a place other than a commercial food-processing establishment;”

1040 - Refrigerator (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (4) A cold-storage facility used for storage of perishable food in a nonfrozen state shall: (a) Have an indicating thermometer or other appropriate temperature measuring device; (b) Be in a safe environment for preservation; and (c) Be forty (40) degrees Fahrenheit or below.”

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

790 - Playground Clean (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (20) An outdoor play area shall be: (c) Free from: 1. Litter; 2. Glass; 3. Rubbish; and 4. Flammable materials;”

695 - Toilet (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (4) Each toilet shall: (a) Be kept in clean condition; (b) Be kept in good repair; (c) Be in a lighted room; and (d) Have ventilation to outside air.”

585 - Premises Requirements (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (1) The premises shall be: (a) Suitable for the purpose intended; (b) Kept clean and in good repair;”

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;”

1255 - Documentation for Off Premises Trip (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: 3. To contain: g. A permission form for each trip off the premises signed by the child’s parent in accordance with 922 KAR 2:120, Section 12;”

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;”

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.”

1040 - Refrigerator (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (4) A cold-storage facility used for storage of perishable food in a nonfrozen state shall: (a) Have an indicating thermometer or other appropriate temperature measuring device; (b) Be in a safe environment for preservation; and (c) Be forty (40) degrees Fahrenheit or below.”