Updated Child Care Regulations

During the 2023 Interim, the Special Committee on Child Care Centers and Child Care Homes (Committee) met for two days to study and make recommendations regarding policy options for child care facilities, including day care regulation. Among the recommendations, the Committee requested the Legislative Coordinating Council compose a letter to the Office of the Attorney General to request that the proposed regulations from the Kansas Department of Health and Environment (KDHE) for child care centers and child care homes be expedited. The new rules and regulations regarding child care became effective on August 2, 2024. Selected revisions are highlighted below.

Staff-child Ratios

The new regulations update the staff-child ratios for licensees. Among the changes, “license capacity” is changed to “maximum group size” to reflect the maximum number of children allowed in a group changes depending on the ages of the children and the number of providers present. The changes also allow for some flexibility with infant child care slots, and providers who opt to care for an additional infant may adjust to do so. Additionally:

• The infant age group was adjusted to 0 to 12 months rather than 0 to 18 months;
• The maximum age of children is changed from age 11 to age 10; and
• A slot for 5-to-10-year-old children was shifted to the 12-month-to-5-year age range to allow for another preschool age child in a center’s capacity.

Age of Children	Minimum Staff-to-child Ratio	Maximum Number of Children Per Unit
Infants*	A. 1 to 3 or B. 1 to 4	A. 9 or B. 8
Infants and other children under the age of 6	1 to 6 (including not more than 3 infants)	12 (including not more than 6 infants)
Toddlers^	1 to 6	12
Children at least 2 years of age but under the age of 3	1 to 7	14
Children at least 2.5 years of age but under school-age***	1 to 12	24
School-age	1 to 16	32

Professional Development Training

The updated regulations specify that provider training must be completed before the provider is given sole responsibility for the care and supervision of children. Health and safety training requirements were updated to expand required training topics to include the prevention of child maltreatment; cognitive, social, emotional, and physical development; approaches to learning; and medication administration.

Pediatric first aid and cardiopulmonary resuscitation (CPR) certification requirements were updated to specify that certification must include a practical application component and be demonstrated in front of an instructor certified by a nationally recognized first aid and CPR training organization. At least one provider who has current certification in pediatric first aid and current certification in pediatric CPR must be present during operating hours.

Daily Care of Children

The new regulations specify storage and safe handling guidelines for breast milk provided for children in care. Accommodations must be provided to enable a parent to breastfeed their child.

Individuals who care for children are prohibited from giving any child any medications, herbal or folk remedies, or drugs to control or manage behavior, unless prescribed by a licensed physician, physician assistant, or advanced practice registered nurse.

Licensees must also develop and implement a written plan for safe sleep practices for children in care who are napping or sleeping.

Parental Access

The new regulations add requirements regarding video cameras used for the purpose of monitoring children’s activities or to provide remote visual access to parents and legal guardians. All staff members must be informed if cameras are used in a facility, and the parent or legal guardian of each child in care must be informed in writing. The use of cameras is not allowed to replace any requirements for supervision of children in care. Licensees must also give the Secretary’s designee access to recordings and viewing privileges for the purpose of investigating compliance.

When leaving the premises of the licensed child care facility, written permission must be obtained from the parent or legal guardian of each child participating in the trip. Each child’s emergency medical treatment form and medical record must be accessible when participating in any off-premises trip or activity.

Safety and Emergency Procedures

The updated regulations provide more specificity regarding the types of emergency plans that licensees must develop. Emergency plans must include procedures for events including a fire, a weather-related event, a missing or runaway child, a chemical release, a utility failure, an intruder, an act of terrorism, a lockdown, and an unscheduled closing. Facilities must specify a designated shelter-in-place area, a designated off-premises relocation site, and evacuation routes for each area and for each site. Licensees must also record procedures to meet the needs of individual children, including those with allergies, chronic medical conditions, or special needs, and procedures for notifying parents and reuniting children and parents when necessary.

Licensees must review the emergency plan at least annually and update it as needed.
The updated regulations are available in their entirety at the KDHE website.