Kentucky daycare regulations

Which license you need

KRS 199.894; KRS 199.8982(1)(a); 922 KAR 2:090, Section 2 CentersFamily child care View rule KRS 199.894; KRS 199.8982(1)(a); 922 KAR 2:090, Section 2

In your own home: up to 3 unrelated children needs no state approval (certification is optional). Caring for 4 to 6 unrelated children requires certification as a family child-care home, which may have no more than 6 unrelated children and 10 in all with related children (922 KAR 2:100, Section 10(4)). A Type II child-care center is a program in the licensee's home for 7 to 12 children, counting related children. The rules don't say which category applies to a home with 6 or fewer unrelated children but 7 to 10 in all, so confirm with DRCC. A Type I center license is required for 4 or more children in a nonresidential setting, or 13 or more in a space separate from the licensee's home. Related children are a child, grandchild, niece, nephew, sibling, stepchild or a child in your legal custody.

Operating or advertising without a license

KRS 199.896(1), (13); KRS 199.990(4) Centers View rule KRS 199.896(1), (13); KRS 199.990(4)

No one may operate, maintain or advertise a child-care center without a license. Every advertisement for child care must include the address where care is given. A person who violates the center standards can be fined at least $1,000, jailed up to 12 months, or both.

Programs that don't need a center license

922 KAR 2:090, Section 3; KRS 199.896(19)–(21) Effective February 2025 Centers View rule 922 KAR 2:090, Section 3; KRS 199.896(19)–(21)

Exempt settings include youth camps permitted by the Cabinet, private K-12 schools while school is in session, preschools and programs regulated by the Kentucky Department of Education, religious summer programs a child attends for 2 weeks or less, care while parents are on the premises (other than their workplace or school), programs on military bases, care during religious services, school-run after-school programs that don't take Child Care Assistance Program payments, and qualifying school-age instructional programs. Preschool instructional programs open no more than 20 hours a week are fully exempt if a child attends no more than 10 hours a week. If a child attends up to 15 hours a week, the program must notify the Cabinet and meet the background check and tuberculosis rules.

Preliminary license, conditions and annual renewal

922 KAR 2:090, Sections 4, 6 and 14 Effective February 2025 Centers View rule 922 KAR 2:090, Sections 4, 6 and 14

A new center gets a preliminary license for a probationary period of up to 6 months, then a regular license. To qualify, a center needs local zoning approval, State Fire Marshal approval, an approved water and sewage system, liability insurance of at least $100,000 per occurrence, background checks on everyone required, and a qualified director. The license names the premises, licensee, ages served, maximum capacity, nontraditional hours and transportation. It can't be sold or transferred. A regular license expires after 1 year. File the OIG-DRCC-06 renewal form 1 month before the anniversary.

Fees

922 KAR 2:090, Section 7; 922 KAR 2:100, Sections 2–3 Effective February 2025 CentersFamily child care View rule 922 KAR 2:090, Section 7; 922 KAR 2:100, Sections 2–3

Centers pay a nonrefundable $50 initial fee and $25 each year at renewal, by cashier's, certified or business check or money order to the Kentucky State Treasurer. Certified family child-care homes pay $10 to apply and $10 every 2 years at renewal.

Certifying a family child-care home

922 KAR 2:100, Sections 2–3; KRS 199.8982 Effective March 2024 Family child care View rule 922 KAR 2:100, Sections 2–3; KRS 199.8982

The applicant must be at least 18 with a high school diploma or GED (or a Commonwealth Child Care Credential). They need commercial liability insurance of at least $50,000 per occurrence, local zoning approval, a physician's statement that they are healthy and free of active TB, and current infant, child and adult CPR and first aid. The applicant, assistants and every adult living in the home must pass background checks. The completed OIG-DRCC-03 application is due within 90 days of starting. DRCC inspects unannounced before certifying. A certificate lasts 2 years and covers only the named person and address. A move needs 10 days' notice and a new inspection.

Kentucky All STARS quality ratings

922 KAR 2:270; KRS 199.8943 CentersFamily child care View rule 922 KAR 2:270; KRS 199.8943

Programs that receive public funds must take part in All STARS, starting at Level 1 with a preliminary license. Other programs are enrolled unless they opt out on form DCC-433. Levels 2 to 5 require an application and points in four areas: family and community engagement, classroom and instructional quality, staff qualifications, and administration. Levels 3 to 5 also need an on-site environment rating. A rating lasts 3 years. By law, ratings may not be used for enforcement. On June 30, 2025, 992 licensed centers were at Level 1 and 73 at Level 5.

Center ratios and group sizes by age

922 KAR 2:120, Section 2(2) Effective February 2025 Centers View rule 922 KAR 2:120, Section 2(2)

Infants (under 12 months) 1:5, group of 10. Toddlers 12 to 24 months 1:6, group of 12. Toddlers 24 to 36 months 1:10, group of 20. Preschoolers 3 to 4 years 1:12, group of 24. Preschoolers 4 to 5 years 1:14, group of 28. School-age 5 to 7 years 1:15, group of 30. School-age 7 and older 1:25 before and after school and 1:20 for a full day, group of 30. The youngest child in a group sets the ratio and group size. Children of the director, staff or anyone the licensee supervises count toward the ratio. The rule's effective date is February 2025, but those amendments did not change these numbers.

SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in. Directors get an alert when a room goes over ratio. Set each room's ratio to Kentucky's numbers. SafePass's built-in defaults are not Kentucky's: the infant default (1:4) is stricter than Kentucky's 1:5, the two-year-old default (1:8) is stricter than Kentucky's 1:10 for 24 to 36 months, and the school-age default (1:15) matches only ages 5 to 7. SafePass does not check group size or apply the youngest-child rule for mixed rooms.

Supervision that goes with the ratios

922 KAR 2:120, Section 2(2)(e), (3) Effective February 2025 Centers View rule 922 KAR 2:120, Section 2(2)(e), (3)

Each center needs a written procedure, and must follow it, for keeping supervision, ratios and group size at all times, including at the start of the day, during staff breaks and when moving between locations. Children must be within sight and sound of a qualified staff person. School-age children must be within sight or sound. Staff count children by name-to-face recognition every time they move from one place to another.

SafePass tip: SafePass shows staff a live list of children checked in to each room, so a caregiver can confirm names and headcount at a glance during a transition.

Who counts in ratio

922 KAR 2:090, Section 11(10); 922 KAR 2:090, Section 10(1)(k) Effective February 2025 Centers View rule 922 KAR 2:090, Section 11(10); 922 KAR 2:090, Section 10(1)(k)

A person under 18 counts in ratio only when working with a qualified staff person, and staff under 18 and student trainees must be directly supervised. Volunteers count only when a qualified staff member is present. The director must schedule extra staff during cooking and cleaning if needed to keep ratios.

Ratios in vehicles and mixing ages

922 KAR 2:120, Section 14(9); Section 5(3) Effective February 2025 Centers View rule 922 KAR 2:120, Section 14(9); Section 5(3)

Ratios apply in vehicles, and a driver may supervise no more than 4 children under age 5. Infants and toddlers under 24 months may not be in activities with older children for more than 1 hour a day, unless the toddler has a parent-signed transition plan to move up to a preschool group.

Family child-care home limits

922 KAR 2:100, Section 10(2)–(4) Effective March 2024 Family child care View rule 922 KAR 2:100, Section 10(2)–(4)

A certified provider may have no more than 6 unrelated children at a time, plus up to 4 related children, for a maximum of 10. An assistant must be present when the provider cares for more than 4 infants or more than 6 children under age 6, counting the provider's own or related children. A provider may not care for more unrelated children than the certificate allows.

SafePass tip: SafePass Kiosk check-ins give a running count of who is in care right now, by child and age. Add your own or related children as enrolled children if you want them in the count.

How groups must be kept

922 KAR 2:120, Section 2(2)(a)–(c) Effective February 2025 Centers View rule 922 KAR 2:120, Section 2(2)(a)–(c)

In a Type I center, each group must have its own defined area and its own assigned staff. A center may skip the ratio and group-size table during school hours only if it serves mixed ages from 30 months to 6 years and is accredited by or affiliated with a national education association that has its own ratio and group-size criteria.

Indoor and outdoor space

922 KAR 2:120, Section 4(6), (20), (22) Effective February 2025 Centers View rule 922 KAR 2:120, Section 4(6), (20), (22)

Centers need at least 35 square feet of indoor space per child, not counting kitchens, bathrooms, hallways and storage. The Cabinet calculates and approves final capacity. Outdoor play areas need at least 60 square feet per child, must be fenced (except after-school programs on a school's premises), and must be visible to staff at all times. Without outdoor space, an extra 60 square feet per child of indoor gross-motor space is required.

SafePass tip: SafePass Kiosk check-ins show how many children are in the building at any time, which you can compare with your approved capacity.

Space in a family child-care home

922 KAR 2:100, Section 12(12) Effective March 2024 Family child care View rule 922 KAR 2:100, Section 12(12)

Not counting bathrooms and storage, the indoor area used for child care must have at least 35 square feet per child, furnishings included.

Type I center director

922 KAR 2:090, Section 10(1)–(2) Effective February 2025 Centers View rule 922 KAR 2:090, Section 10(1)–(2)

A director must be at least 21 with a high school diploma or GED, and may not hold another job while the center is open (directing several sites is allowed). They must meet one education route: a bachelor's or master's degree in education or child development; another bachelor's or master's degree plus 12 clock hours of child development training; an associate degree in Early Childhood Education; another associate degree plus 12 hours and 2 years of full-time experience; a Director's Credential plus 1 year of experience; a CDA plus 1 year; or 3 years of verifiable full-time paid experience working with children. The director names an adult in charge when absent, evaluates each staff member in writing every year, and holds and documents staff meetings.

SafePass tip: SafePass staff profiles store certifications and credentials with expiration dates, so your director's documents are in one place for the surveyor.

Type II center director

922 KAR 2:090, Section 10(3) Effective February 2025 Centers View rule 922 KAR 2:090, Section 10(3)

A Type II director meets one of the Type I routes or two of these three: 12 hours of orientation and child development training, 1 year of verifiable full-time experience, or 6 more hours of training in program administration.

Staff education, TB screening and substitutes

922 KAR 2:090, Section 11(1)–(2), (6) Effective February 2025 Centers View rule 922 KAR 2:090, Section 11(1)–(2), (6)

Staff hired since January 1, 2009 who supervise children and are not still in secondary school need a high school diploma, GED or Commonwealth Child Care Credential. Before starting and every 2 years after, staff must show a health professional's statement that they are free of active TB or a negative TB test. Type I centers must have 2 qualified substitutes available, and Type II centers 1. Staff must report to the licensee if they have a disqualifying background result, are under a Cabinet abuse or neglect investigation, or have a health condition that keeps them from caring for children.

CPR and first aid

922 KAR 2:090, Section 11(3)–(5); 922 KAR 2:120, Section 7(8) Effective February 2025 Centers View rule 922 KAR 2:090, Section 11(3)–(5); 922 KAR 2:120, Section 7(8)

At least one person on duty with the children must hold current certification from a Cabinet-approved agency in infant and child CPR and first aid (adult CPR and first aid for school-age programs). This is in addition to the 15 annual training hours. The health and safety rule also says the center must make sure every staff member has had first aid and CPR training. Lacking currently certified staff is a Type B civil-penalty violation.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

Family child-care home providers and assistants

922 KAR 2:100, Sections 2(3)–(4), 10(6)–(7), 10(12) Effective March 2024 Family child care View rule 922 KAR 2:100, Sections 2(3)–(4), 10(6)–(7), 10(12)

The provider needs a high school diploma or GED (or Commonwealth Child Care Credential) and current infant, child and adult CPR and first aid. An assistant must be 18 or older, work under the provider's supervision, and hold CPR and first aid certification before being left alone with children. The provider may not work outside the home during care hours. Providers running 24-hour care must take an 8-hour break after 16 straight hours and have an assistant cover it.

Who is checked and when

922 KAR 2:280, Sections 2–4 Effective February 2024 CentersFamily child care View rule 922 KAR 2:280, Sections 2–4

Checks cover owners, operators, licensees, directors, employees present while children are in care, anyone with supervisory or disciplinary control or unsupervised contact, and adult household members in Type II centers, certified homes and registered relative homes. A person must be found to have no disqualifying result before becoming a child care staff member. The provider enters the person in the NBCP portal, which checks Kentucky's child abuse and neglect central registry, the National Sex Offender Public Website and the Kentucky sex offender registry. Fingerprints for the Kentucky State Police and FBI check (with rap back) must be taken within 30 days of payment, and the Cabinet issues an eligible or not-eligible notice within 45 days. Checks repeat once every 5 years, and again before rehire after 180 or more consecutive days away from Kentucky child care.

SafePass tip: SafePass stores each staff member's background check date and flags any that are more than five years old on the Compliance page, which matches Kentucky's 5-year cycle. It does not track the 180-day separation rule.

People who lived in another state

922 KAR 2:280, Section 5 Effective February 2024 CentersFamily child care View rule 922 KAR 2:280, Section 5

For anyone who has lived in another state in the last 5 years, the Cabinet requests that state's criminal, sex offender registry and child abuse and neglect registry checks. The employer pays other states' fees. If a state hasn't answered in 45 days, the Cabinet issues its notice and follows up if a disqualifying result arrives later.

What disqualifies someone

922 KAR 2:280, Section 6 Effective February 2024 CentersFamily child care View rule 922 KAR 2:280, Section 6

Disqualifying results include the federal CCDBG offenses, any sex or violent crime under KRS 17.165, a drug felony within 5 years of finishing the sentence, felonies in listed chapters (such as burglary, robbery, weapons, prostitution and family offenses), animal cruelty misdemeanors, a listing on Kentucky's or another state's child abuse and neglect registry, and an open warrant or pending charge for any of these. Owners, licensees and directors are also barred by a felony involving fraud, embezzlement, theft or forgery.

Notice, reviews and removal

922 KAR 2:280, Sections 7–9 Effective February 2024 CentersFamily child care View rule 922 KAR 2:280, Sections 7–9

The provider must tell the staff member about a disqualifying result within 3 business days. The person may ask DCBS's Division of Child Care for an informal review within 10 days, or for a rehabilitative review within 14 days. Some offenses are not eligible for rehabilitative review, including recent felonies and child abuse-related offenses. While a review is pending, the person needs direct onsite supervision or no one-on-one contact with children. Otherwise the provider must end employment within 10 days, or the household member must move out within 15 days, and report it in NBCP within 3 business days.

Staff named in an abuse report

922 KAR 2:090, Sections 8(7) and 10(1)(m) Effective February 2025 CentersFamily child care View rule 922 KAR 2:090, Sections 8(7) and 10(1)(m)

A person named as the alleged perpetrator in an accepted child abuse or neglect report must be removed from direct contact with children during the investigation and any appeal. No caregiver may be left alone with a child before the licensee has received their background check results.

Center staff: orientation, first year and every year

922 KAR 2:090, Section 11(16)–(19) Effective February 2025 Centers View rule 922 KAR 2:090, Section 11(16)–(19)

Staff with supervisory authority over children must complete 6 hours of Cabinet-approved orientation within their first 3 months. Orientation covers the federal health and safety topics (infectious disease and immunization, safe sleep, medication, allergies, premises hazards including water and traffic, shaken baby syndrome and abusive head trauma, emergencies, hazardous materials and transportation), recognizing and reporting child abuse, and developmentally appropriate practice. They then need 9 hours in the first year, including 1½ hours on pediatric abusive head trauma, and 15 hours each July 1 to June 30 after that, with the head trauma course repeated every 5 years. Online courses can't be repeated within 5 years, and no more than 15 hours can be earned in 24 hours.

SafePass tip: SafePass keeps dated training records in each staff profile, alongside certification expiration dates. Kentucky verifies hours through the Cabinet's own training database, so make sure courses are recorded there too.

Family child-care home training

922 KAR 2:100, Sections 2(9), 10(1) Effective March 2024 Family child care View rule 922 KAR 2:100, Sections 2(9), 10(1)

Within 3 months of a complete application, the provider completes the same 6-hour orientation and writes a training plan: 3 hours in the first year, including 1½ hours on abusive head trauma, then 9 hours each July 1 to June 30, with head trauma training every 5 years. Assistants complete the same training.

Topics the statute now requires

KRS 199.896(15)–(16); KRS 199.8982(2); KRS 199.8912 CentersFamily child care View rule KRS 199.896(15)–(16); KRS 199.8982(2); KRS 199.8912

The statute sets a 6-hour annual minimum that counts toward the regulation's totals. Within those hours: 1½ hours on abusive head trauma every 5 years, 1 hour every 3 years on pediatric ingestion or inhalation of controlled substances (from July 15, 2026), and from April 14, 2026, 3 hours a year on children with special needs for licensed providers (2 for certified homes).

Handwashing and sick children

922 KAR 2:120, Sections 3(4)–(6), 7(2)–(3) Effective February 2025 Centers View rule 922 KAR 2:120, Sections 3(4)–(6), 7(2)–(3)

Children wash with liquid soap and warm running water on arrival, before and after eating, after toileting or diapering, after handling animals or body fluids, and after play. Staff wash at the times the rule lists, including before giving medication. A child showing signs of a possibly communicable illness may not be admitted to the regular program. A child who becomes ill is separated under supervision, the parent is called immediately, and the child goes home as soon as practicable. Staff who may be contagious stay off duties that could spread the disease.

SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.

What must be reported, and how fast

922 KAR 2:090, Section 13 Effective February 2025 Centers View rule 922 KAR 2:090, Section 13

Report to the Cabinet within 24 hours: a reportable communicable disease (also to the local health department), an accident or injury that needs medical care, legal action involving the center, a fire or other emergency including a vehicle accident while transporting, an accepted abuse or neglect report naming staff, and a staff member's disqualifying background result. The death of a child must be reported within 1 hour. A director change is reported within 1 week. Changes of ownership, location, capacity, hours or services need written approval before they happen. The director must notify the parent immediately of an accident needing medical treatment (Section 10(1)(l)).

SafePass tip: SafePass incident reports record what happened and what was done, notify the parent right away and capture the parent's e-signature. Reports to DRCC are still made directly to the Cabinet.

Reporting in family child-care homes

922 KAR 2:100, Section 20(11); Section 16(6) Effective March 2024 Family child care View rule 922 KAR 2:100, Section 20(11); Section 16(6)

Homes report the same events within 24 hours, report a child's death within 1 hour, and notify the parent (or emergency contact) immediately of a medical emergency.

Screen time and active play

922 KAR 2:120, Section 2(4)–(5); Section 4(23) Effective February 2025 CentersFamily child care View rule 922 KAR 2:120, Section 2(4)–(5); Section 4(23)

No screen time for children under 24 months. Older children are limited to 30 minutes a day in a half-day program and 60 minutes in a full-day program (school-age children may use more for assigned non-traditional instruction), and parents must be told beforehand. Children get moderate to vigorous active play, outdoors when possible, of at least 30 minutes a day in half-day programs and 60 minutes in full-day programs. Certified homes limit TV and video to 2 hours a day (922 KAR 2:100, Section 13(3)).

Firearms, smoking, alcohol and drugs

922 KAR 2:120, Sections 3(9)–(10); 922 KAR 2:090, Section 11(11)–(12) Effective February 2025 CentersFamily child care View rule 922 KAR 2:120, Sections 3(9)–(10); 922 KAR 2:090, Section 11(11)–(12)

Firearms and ammunition are stored separately, locked, outside the child care area (in homes, in separate locked containers needing a key or combination). Smoking and vaping are allowed only in designated outdoor areas and never near children. No alcohol may be consumed on the premises during hours of operation, and controlled substances are banned except prescribed medication.

Toys, furniture and equipment

922 KAR 2:120, Section 13 Effective February 2025 Centers View rule 922 KAR 2:120, Section 13

Toys and furniture must be clean, in good repair and free of peeling paint. Equipment must be free of sharp points, splinters, protruding nails, loose or rusty parts, small parts that are hazardous, lead paint and poisons, and be designed to prevent entrapment and strangulation. Toys must be used according to the manufacturer's safety specifications. Mouthed toys for children not yet toilet trained are sanitized daily.

Hazards and the building

922 KAR 2:120, Sections 3(7)–(8), 4 Effective February 2025 Centers View rule 922 KAR 2:120, Sections 3(7)–(8), 4

Cleaning supplies, poisons, matches, lighters and staff medicines and belongings must be out of children's reach. Knives, sharp objects and plastic bags are allowed only under direct supervision as part of a planned activity. Indoor temperatures stay between 65 and 82°F. A home-based center with fuel-burning appliances or an attached garage needs a working carbon monoxide detector. A working phone and posted emergency numbers (police, fire, EMS and poison control) are required. Climbing equipment supports must be fastened to the ground, and climbing, swinging and sliding equipment needs a protective surface with a fall zone equal to its height. Portable wading pools and natural bodies of water may not be used.

Consumer Product Safety Program notice

KRS 199.897; 922 KAR 2:090, Section 8(6)(d) Centers View rule KRS 199.897; 922 KAR 2:090, Section 8(6)(d)

Licensed centers must post a notice about the Kentucky Consumer Product Safety Program and its website where people can see it. The Cabinet reminds centers and homes about the program at application and monitoring visits.

Family child-care home safety

922 KAR 2:100, Section 12 Effective March 2024 Family child care View rule 922 KAR 2:100, Section 12

Each floor used for care needs an unblocked exit, a smoke detector (including the kitchen and children's sleeping areas), a fire extinguisher, a carbon monoxide detector if there are fuel-burning appliances or an attached garage, and a working phone. Unused outlets are covered, heaters are guarded, and stairs with more than 2 steps are blocked when infants or toddlers are in care. Outdoor play equipment must be securely anchored, and trampolines must not be accessible. Pools need constant supervision, 1 adult per infant or toddler in the water, and barriers when not in use.

Evacuation plan, updated by December 31

KRS 199.895; 922 KAR 2:090, Sections 5 and 9(1)(j) CentersFamily child care View rule KRS 199.895; 922 KAR 2:090, Sections 5 and 9(1)(j)

Centers and certified homes need a written evacuation plan for fire, natural disaster and other threats with a relocation site and route, how parents will be notified and children reunited, how children with special needs will be cared for, staff duties and training, and coordination with local emergency management. Update it by December 31 every year. Give a copy to local emergency management officials and to every parent at enrollment and whenever it changes. The Cabinet posts an optional free template. Centers also post a disaster plan and diagram for staff, volunteers and visitors.

SafePass tip: SafePass parent messaging and announcements can reach every family at once during a relocation or reunification. The plan copy given at enrollment can go in the registration packet.

Monthly fire drills, quarterly other drills

922 KAR 2:120, Section 3(12)–(14); 922 KAR 2:090, Section 9(1)(h)–(i) Effective February 2025 CentersFamily child care View rule 922 KAR 2:120, Section 3(12)–(14); 922 KAR 2:090, Section 9(1)(h)–(i)

Fire drills at least monthly. Earthquake, tornado, shelter-in-place and lockdown drills at least quarterly. All are held during operating hours and documented with the date, time and the children who took part. A written plan must cover reunification and accommodations for infants and toddlers, children with disabilities, and children with chronic medical conditions. Homes follow the same drill schedule (922 KAR 2:100, Sections 12(21)–(23) and 19(5)).

SafePass tip: SafePass does not keep a drill log, so keep the dated drill record on paper or in your own file.

Giving medicine in a center

922 KAR 2:120, Section 7(4)–(7) Effective February 2025 Centers View rule 922 KAR 2:120, Section 7(4)–(7)

Prescription and nonprescription medicine may be given only with a written request from the parent or the prescribing health professional, and as the label directs. The center keeps a written record of each dose: time, date, amount, staff member, child and medication. Medicine (including refrigerated medicine) is locked away out of reach in the original, labeled bottle. Expired medicine may not be given. Diaper cream, sunscreen and toothpaste must be inaccessible to children but don't have to be locked.

SafePass tip: SafePass collects the parent's signed medication request. Staff approve it, then log each dose with time, amount and staff name, and the parent gets a notification. That covers the six items Kentucky's dose record requires.

Epinephrine auto-injectors

KRS 199.8951; 922 KAR 2:120, Section 7(6)(a)3. CentersFamily child care View rule KRS 199.8951; 922 KAR 2:120, Section 7(6)(a)3.

A center that keeps an epinephrine auto-injector must have at least one person on site trained to use it and keep it out of children's reach (not locked). If it is used, the center calls for emergency medical care and reports to the parent and the Cabinet within 24 hours. Emergency medicine such as inhalers or diabetes medicine prescribed for a child is also kept out of children's reach rather than locked.

Medicine in a family child-care home

922 KAR 2:100, Section 16 Effective March 2024 Family child care View rule 922 KAR 2:100, Section 16

Medicine is given only with a written request from the parent or prescriber, labeled, and as directed. It is stored locked, except first aid supplies, creams and emergency medicine, which must be out of reach. The home rule does not spell out a dose record the way the center rule does.

SafePass tip: SafePass logs each dose with the time, amount and staff name, which gives a home provider a record even though the home rule doesn't require one.

Immunization certificate within 30 days

922 KAR 2:090, Section 9(1)(a); 922 KAR 2:100, Section 19(1)(a) Effective February 2025 CentersFamily child care View rule 922 KAR 2:090, Section 9(1)(a); 922 KAR 2:100, Section 19(1)(a)

Keep a current immunization certificate for each child within 30 days of enrollment, unless a physician or the parent objects under Kentucky's immunization law. A child with signs of a possibly communicable illness may not be admitted that day.

SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.

Food and drink in centers

922 KAR 2:120, Section 9 Effective February 2025 Centers View rule 922 KAR 2:120, Section 9

Meals are served every 2 to 3 hours with children seated. Drinking water is available all day. Drinks may not have added sugar: water, milk or 100% juice with meals, with juice no more than once a day and never under 12 months. Breast milk or formula is used for infants under 12 months, whole milk at 12 to 24 months, and 1% or skim from 24 months. No food deep-fried on site. Food may not be used as a reward or punishment, withheld, or served while children watch screens. Substitutions need a parent's written request (or a physician's for a food the child can't have).

SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.

Meal patterns and menus

922 KAR 2:120, Sections 10–11 Effective February 2025 Centers View rule 922 KAR 2:120, Sections 10–11

Breakfast, snack, lunch and dinner each need specific components (milk, grain, protein, fruit or vegetables). At least one whole grain is served daily. Cereal is limited to 6 grams of sugar per dry ounce and yogurt to 23 grams per 6 ounces. A weekly menu is prepared, dated, posted ahead of time, changed in writing on the day of any substitution, and kept for 30 days. Centers that don't provide meals still have to make sure children get breakfast or a morning snack and lunch or an afternoon snack.

Bottles

922 KAR 2:120, Sections 3(11), 8(9) Effective February 2025 CentersFamily child care View rule 922 KAR 2:120, Sections 3(11), 8(9)

Hold babies for bottle feeding. Never prop a bottle, leave it in a sleeping child's mouth, or heat it in a microwave. Label each bottle, refrigerate it promptly, and use it within 1 hour of heating or taking it out of the refrigerator.

Infant sleep and nap time

922 KAR 2:120, Section 6; 922 KAR 2:100, Section 13(7)–(12) Effective February 2025 CentersFamily child care View rule 922 KAR 2:120, Section 6; 922 KAR 2:100, Section 13(7)–(12)

Infants sleep on their backs unless a health professional signs a waiver. Each infant has an individual non-tiered crib meeting CPSC standards (16 C.F.R. 1219–1220), a firm mattress with only a tight-fitted sheet, and nothing in the crib but a pacifier. Playpens and play yards may not be used for sleeping. Rest time is provided for children not yet school-age who are in care more than 4 hours, and lasts no more than 2 hours for preschoolers (except during nontraditional hours). Children who don't sleep may play quietly. Cots and mats are 12 inches apart in centers. In homes providing overnight care, an adult stays awake until all children are asleep and sleeps on the same floor as any infant or toddler.

SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep checks.

Nontraditional hours

922 KAR 2:120, Section 2(12) Effective February 2025 Centers View rule 922 KAR 2:120, Section 2(12)

For care between 7 p.m. and 5 a.m. (or weekends), a child may spend no more than 16 hours in the center in 24, counting school. Each sleeping room has an assigned staff member, and children sleeping 3 hours or more wear pajamas. Type I center staff stay awake on duty. In Type II centers, staff stay awake until every child is asleep.

No corporal punishment or harsh discipline

KRS 199.896(18); 922 KAR 2:120, Section 2(9), (11) CentersFamily child care View rule KRS 199.896(18); 922 KAR 2:120, Section 2(9), (11)

Centers and certified homes may not use corporal physical discipline (deliberately causing physical pain, including spanking, shaking or paddling) for any reason. Spontaneous contact to protect a child from immediate danger is allowed. Centers also may not use loud, profane, threatening, frightening, humiliating or abusive language, link discipline to rest, toileting, play time or food, or make a child stand or sit for a long time as discipline. Prohibited discipline is a Type A civil-penalty violation.

SafePass tip: SafePass messaging gives you a dated record of what you told parents about a behavior incident.

Children's and parents' rights poster

KRS 199.898 CentersFamily child care View rule KRS 199.898

Children have the right to be free from physical or mental abuse and abusive language or punishment. Parents have the right to access their child at all times while in care, to information about the standards and how to complain, to complain without retribution, and to get inspection reports and plans of correction from the past year. Licensed and certified providers must post these rights and give parents a copy at enrollment.

Child records on the first day

922 KAR 2:090, Section 9(1)(b), (2)–(3) Effective February 2025 CentersFamily child care View rule 922 KAR 2:090, Section 9(1)(b), (2)–(3)

By the child's first day, keep a record completed and signed by the parent with the child's name, address and birth date; how to reach the parents, family doctor and preferred hospital; each person authorized in writing to pick up; health history, allergies and activity restrictions; emergency contacts; consent for emergency medical care; and a signed permission and allergy care plan for each trip off the premises. Keep records confidential, keep all records for 5 years, and never falsify records or training records.

SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.

Staff records and what centers must post

922 KAR 2:090, Sections 8(6), 9(1)(d)–(f) Effective February 2025 Centers View rule 922 KAR 2:090, Sections 8(6), 9(1)(d)–(f)

Keep a written staff schedule, a personnel file for each staff member (education, annual evaluation, TB screening and background check results), and a written annual professional development plan. Post the license, every statement of deficiency, civil penalty notice and plan of correction from the current licensure year, the Consumer Product Safety Program notice, current rates and extra charges, the ratios and group sizes, and the daily program.

SafePass tip: SafePass staff profiles hold certifications, training records and the background check date for each person, and the time clock gives you dated staff hours.

Family child-care home records and parent information

922 KAR 2:100, Sections 19–20 Effective March 2024 Family child care View rule 922 KAR 2:100, Sections 19–20

Homes keep the same child records, immunization certificates, attendance and drill records for 5 years. They give parents written rates and policies, a copy of the certification standards, how to file a complaint with the Cabinet, and the KRS 199.898 rights. They keep a written agreement with each parent naming authorized pickups, and on request show parents the ratios, program, and statements of deficiency and plans of correction for the current certification period.

Daily arrival and departure times

922 KAR 2:090, Section 9(1)(c); 922 KAR 2:100, Section 10(12)(b), Section 19(1)(c) Effective February 2025 CentersFamily child care View rule 922 KAR 2:090, Section 9(1)(c); 922 KAR 2:100, Section 10(12)(b), Section 19(1)(c)

Keep daily attendance records showing the arrival and departure time of each child, plus the records the Child Care Assistance Program requires (922 KAR 2:160) for subsidized children. Keep them for 5 years. The rule doesn't specify paper or electronic.

SafePass tip: SafePass Kiosk records each check-in and check-out with a timestamp and who dropped off or picked up, and it exports attendance reports as PDF. The rule doesn't say what format to use, so confirm with your DRCC surveyor that an electronic record is acceptable, and check what CCAP needs for subsidized children.

Release to authorized people

922 KAR 2:090, Section 9(1)(b)3.c.; 922 KAR 2:100, Section 13(14), (17) Effective March 2024 CentersFamily child care View rule 922 KAR 2:090, Section 9(1)(b)3.c.; 922 KAR 2:100, Section 13(14), (17)

Centers must keep, in each child's record, the name of every person the parent has designated in writing to pick up the child, and releasing a child to someone the parent did not designate is a Type B civil-penalty violation (922 KAR 2:190). Certified homes may release a child only to the custodial parent, a person the parent named in writing, or in an emergency a person the parent named by phone. In homes, a child may not leave the premises without a caregiver, except a school-age child with written parent permission whose whereabouts are known.

SafePass tip: SafePass shows staff each child's authorized pickups, with photos, at check-out.

Approval, vehicles and daily inspection

922 KAR 2:120, Section 14(2)–(8) Effective February 2025 Centers View rule 922 KAR 2:120, Section 14(2)–(8)

A center must be licensed and approved by the Cabinet before it transports children, and must tell the Cabinet in writing about the vehicles, insurance, staffing, third-party arrangements and safety procedures. It needs a written transportation plan and emergency procedures that transport staff practice monthly. Vehicles carry a fire extinguisher, first aid kit, reflective triangles and a belt cutter. Vehicles for 12 or more passengers need a current Transportation Cabinet inspection certificate. Each child needs their own belt or car seat that meets federal standards. Before each day's use, staff inspect and document tires, lights, mirrors, wipers, restraints, fuel and cleanliness.

Transport log and drivers

922 KAR 2:120, Section 14(11), (17)–(18) Effective February 2025 Centers View rule 922 KAR 2:120, Section 14(11), (17)–(18)

Record each child's first and last name and the time each child gets on and off. The log must be completed by a staff member other than the driver and kept for 5 years. Never leave a child alone in a vehicle or at the drop-off site. Drivers must be 21 or older, pass background checks, have their driving record checked every year, hold a license that hasn't been suspended or revoked in 5 years, and never have caused a fatal accident. Violations can cost a center its transportation approval at every site for at least 12 months.

SafePass tip: SafePass does not keep transportation logs or a vehicle check, so keep the on/off log (completed by someone other than the driver) on paper.

Transportation by family child-care homes

922 KAR 2:100, Section 18 Effective March 2024 Family child care View rule 922 KAR 2:100, Section 18

Get written parent permission, use seat belts and the right car seat, seat children under 13 in the back, and carry each child's emergency information. Drivers are 21 or older with background checks and an annual driving record check. Never use the back of a pickup truck or leave a child in a vehicle.

Inspections, statements of deficiency and corrective action plans

KRS 199.896(5), (14); 922 KAR 2:090, Sections 6(9), 15 CentersFamily child care View rule KRS 199.896(5), (14); 922 KAR 2:090, Sections 6(9), 15

The Cabinet, other regulators and parents of enrolled children have unannounced access during operating hours. Denying or delaying access leads to adverse action. When a surveyor finds a violation, the inspector general issues a statement of deficiency. The center submits a written corrective action plan within 15 calendar days, and the Cabinet answers within 30 days. A violation posing an immediate threat must be corrected within 5 working days. The Cabinet reviews no more than 3 plans for the same statement of deficiency. Certified homes follow the same process and get an annual unannounced inspection (922 KAR 2:100, Sections 3(4) and 4).

Civil penalties for centers

922 KAR 2:190; KRS 199.990(3) Centers View rule 922 KAR 2:190; KRS 199.990(3)

Type A violations cause harm or imminent danger, for example an injury from lack of care, a missing background check, failing to remove a disqualified person, prohibited discipline, falsified records or operating outside the license. They must be corrected within 5 working days and carry up to $1,000 per occurrence. Type B violations create risk without harm, for example missing CPR or first aid certification, inadequate supervision, accessible toxic supplies, incomplete child records, releasing a child to an unauthorized person, leaving a child with an underage caregiver, or exceeding ratios by 50% or more. They carry $250 per occurrence. Two or more immediate-threat violations within 12 months are trebled. Credits: $50 for no violations in the past 3 years, $50 for an on-time accepted plan, and 25% off for waiving appeal. Unpaid penalties lead to denial or revocation after 60 days. Penalties fund the Early Childhood Scholarship Program.

Directed plans, suspension and revocation

922 KAR 2:090, Sections 16–17; KRS 199.896(24)–(28) Effective February 2025 CentersFamily child care View rule 922 KAR 2:090, Sections 16–17; KRS 199.896(24)–(28)

For serious violations DRCC can impose a directed plan of correction (DPOC): an agreement with more monitoring, required parent notice and possibly extra training. DRCC says DPOCs most often follow children wandering off or being left unsupervised, someone alone with children without a background check, or severe health and safety violations. An emergency order suspends the license when there is an immediate threat, and the license is revoked if the problem isn't fixed within 30 days. A license must be denied or revoked for more than 2 DPOCs in 3 years, interference with a surveyor, denying parents access, subsidy fraud, false information or unpaid penalties. Since April 2026 the statute also requires the Cabinet to weigh self-reporting and the center's response, and a single DPOC violation leads to suspension or revocation only if it is serious enough.

Public inspection information

KRS 199.896(10)–(11); KRS 199.8982(1)(d)–(e) CentersFamily child care View rule KRS 199.896(10)–(11); KRS 199.8982(1)(d)–(e)

On request, the Cabinet gives out information on license denials, suspensions, revocations and violations, and on inspections and plans of correction from the past year. Reports from the past 5 years are available from the provider. Each provider's inspections can be viewed on the kynect child care provider search, and DPOCs, emergency suspensions and revocations appear there once issued.

Center appeals and informal dispute resolution

922 KAR 2:090, Sections 19–20; KRS 199.896(6)–(7) Effective February 2025 Centers View rule 922 KAR 2:090, Sections 19–20; KRS 199.896(6)–(7)

A center may appeal a denial, suspension, revocation or civil penalty on form OIG-DRCC-02 within 20 calendar days of the notice. It can ask for informal dispute resolution in the same request, which puts the hearing on hold. The informal meeting is held within 10 calendar days with the regional program manager and a surveyor who wasn't part of the inspection, and a written decision follows within 10 days. Informal dispute resolution doesn't delay the corrective action plan or enforcement. An appeal doesn't delay correcting the violation, but it does put payment of a civil penalty on hold. After an emergency order, the center may ask for an emergency hearing within 20 days, and the hearing is held within 10 working days.

Home appeals and other complaints

922 KAR 2:100, Section 9; 922 KAR 2:260 Effective March 2024 Family child care View rule 922 KAR 2:100, Section 9; 922 KAR 2:260

A certified home may appeal a denial, suspension or revocation on form OIG-DRCC-05 within 20 calendar days, and a revocation is stayed while the appeal is pending. All STARS rating decisions and trainer credential revocations are appealed on DCC-88 within 30 days. Parents and providers can send other complaints about DCBS child care services to the Division of Child Care within 30 days, or to the Cabinet's Ombudsman.