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Legal Requirements Governing Child Care

Kentucky

Child Care CentersA Type I child care center is a facility that is licensed to care for twelve or more children.  Licensed child care centers must meet standards set by the Cabinet for Health and Family Services, Division of Regulated Child Care.  Regulations include:  15 hours of training annually for all staff, a fire inspection, a liability insurance requirement, and compliance with building codes, child/adult ratios, and program requirements.  Facilities undergo at least one annual unannounced re-licensure survey visit by state licensing specialists.  The child/adult ratios are as follows:

Age Group
Ratio
Maximum
Group Size
birth to 12 months
5:1
10
12 to 24 months
6:1
12
2 to 3 years
10:1
20
3 to 4 years
12:1
24
4 to 5 years
14:1
28
5 to 7 years
15:1
30
7 and older
20:1
30
before and after school only
25:1
30
Note: The age of the youngest child in the group is the ratio that must be maintained.

Family Child CareA family child care provider cares for a small number of children in his or her home. The following terms are used to describe family child care homes in Kentucky. These definitions explain the three different family child care options available:

  • License Exempt:  Providers caring for three or fewer children, in addition to related children, are legally exempt  from Kentucky’s child care regulations.  Related children as defined by Kentucky law include: grandchildren, nieces, nephews, and children in legal custody.  Children in care can be of any age.
  • State CertifiedProviders caring for four to six unrelated children are certified by the Kentucky Cabinet for Health and Family Services, Division of Regulated Child Care.  Certified providers must meet standards set by the Cabinet, and are monitored with at least one home visit each year by a state certification specialist.  Providers must have current CPR and First Aid certification as well as a minimum of 9 hours of child development training annually.  Providers may not care for more than six children under age 6, including related children.  No more than four of the children can be under the age of 12 months unless an assistant is present, and providers may not care for more than a total of 10 children. 
  • Licensed Type IIProviders caring for seven to 12 children are licensed by the Kentucky Cabinet for Health Services, Division of Regulated Child Care.  Licensed Type II Providers must meet regulations set by the Division of Regulated Child Care.  These regulations are the same ones met by Child Care Centers (regulations listed above).
  • Criminal Record Check is only required for Licensed Type I, Type II and Certified providers.

To request a complaint history or for more information, contact

Division of Regulated Child Care
Office of Inspector General
Cabinet for Health and Family Services
275 East Main Street, Floor 4EA
Frankfort, Kentucky 40621
(502)-564-7962 or
http://chfs.ky.gov/os/oig/drcc.htm

CHILDREN AND PARENT RIGHTS PURSUANT TO KRS 199.898

All children receiving child-care services in a day-care center licensed pursuant to KRS 199.896, a family child-care home certified pursuant to KRS 199.8982, or from a provider or program receiving public funds shall have the following rights:

  • The right to be free from physical or mental abuse;
  • The right not to be subjected to abusive language or abusive punishment; and
  • The right to be in the care of adults who shall meet their health, safety, and developmental needs.

Parents, custodians or guardians of children specified in subsection (1) of this section shall have the following rights:

  • The right to have access to their children at all times the child is in care and access to the provider caring for their children during normal hours of provider operation and whenever the children are in the care of the provider;

  • The right to be provided with information about child-care regulatory standards, if applicable; where to direct questions about regulatory standards; and how to file a complaint;
  • The right to file a complaint against a child-care provider without any retribution against the parent, custodian, guardian or child;
  • The right to obtain information from the cabinet regarding any type of licensure denial, suspension, or revocation of an operator, and cabinet reports that have found abuse or neglect by any child-care provider or any employee of a child-care provider.  Identifying information regarding children and their families shall remain confidential;
  • The right to obtain information from the cabinet regarding the inspections and plans of correction of the day-care center, the family child care home, or the provider or program receiving public funds within the past year; and
  • The right to review and discuss with the provider any state reports and deficiencies revealed by such reports;

The child-care provider who is licensed pursuant to KRS 199.896 or certified pursuant to KRS 199.8982 shall post these rights in a prominent place and shall provide a copy of these rights to the parent, custodian or guardian of the child at the time of the child’s enrollment in the program.

 

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Legal Requirements Governing Child Care

Ohio

In Ohio, two state agencies regulate early care and education programs. The Department of Job and Family Services (ODFJS) regulates group child care for children in centers, school age programs and camps. The Department of Education (ODE)  licenses child care programs operated by public and private chartered schools. The City of Cincinnati has an additional license required of all non-school based child care centers located in the city.

Not all forms of child care must be licensed. Type B, family child care homes are exempt from licensing. These providers are allowed to care for 6 or fewer children at one time, including the provider's own children under age 6. And, of the six or less children, no more than three children can be under age 2.  Other examples of exempted programs include those that operate only two weeks or less a year, enrichment programs in specific subject such as drama or dance, or programs where a parent remains on the premises while care is provided, such as a health club. Places of the parent’s employment are not exempt.

Ohio's child care regulations cover children’s basic health, safety and development in the areas of staffing, equipment, records, and program policies. Trained staff inspect centers before a license is issued and twice a year thereafter. Staff also investigate complaints. Child care centers are required to post their license and copies of inspection reports in a conspicuous place.

Types of Regulated Child Care in Ohio

  • Center – a facility where trained staff care for seven or more children of any age at one time.
  • School-age centers – a program caring for seven or more children aged kindergarten and above.
  • Type A Homes – a family child care home where the provider and assistant(s) cares for seven to twelve children (or four to twelve children if four children are under age 2) at one time. The provider's own children under age 6 are included in the total count.
  • Child day camps – a program, which operates less than seven hours a day during school vacations and caring only for school-age children.  At least half the program time is spent outdoors.

Staff to Child Ratios and Group Sizes for Centers

State of Ohio Requirements City of Cincinnati Requirements

Age

Ratio

Group Size

Age

Ratio

Group Size

0 to 12 mos.

1:5
2:12

10
12

1 – 18 mos.

1:4

8

12 – 18 mos.

1:6

12

3 – 18 mos.

1:4

12

18 – 30 mos.

1:7

14

18 – 36 mos.

1:5

14

30 – 36 mos.

1:8

16

 

 

 

3 yrs.

1:12

24

3 – 5 yrs.

1:10

20

4 and 5 yrs.

1:14

28

5 yrs, not K

1:14

28

K – 11 yrs.

1:18

36

K and older

1:15

30

11-14 yrs.

1:20

40

 

 

 

 

NAEYC* Recommendations

Age

Ratio

Group Size

0-12 mos.

1:4

8

12-24 mos.

1:5
1:4

10
12

24-30 mos.

1:6

12

30-36 mos.

1:7

14

3-5 yrs.

1:10

20

 

 

 

Kindergrtnrs

1:12

24

6-12 yrs.

1:15

30

*National Association for the Education of Young Children

Licensing Contact Information (file a complaint)

Ohio Dept. of Job and Family Services Licensing
866-886-3537--option 4
Ohio Dept. Of Education: 877-644-6338
Cincinnati Health Dept.: 513-357-7456

To request or review a complaint history

Ohio Dept. of Job and Family Services
PO Box 182709
50 West Town St. - Suite 400
Columbus, OH 43218-2709 
Fax: 614-728-9682, attn: Public Records Request    
www.jfs.ohio.gov/cdc/childcare.stm , click Search for Child Care, enter program information, click on the provider, click See Current Inspections.