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Home Daycare License Requirements in Kansas (2026)

Opening a home daycare in Kansas means getting a family child care home license from the KANSAS OFFICE OF EARLY CHILDHOOD (KOEC) - Child Care Licensing. Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

In brief — Kansas

Licensing agency
KANSAS OFFICE OF EARLY CHILDHOOD (KOEC) - Child Care Licensing
Program / rule
LICENSED FAMILY CHILD CARE HOME - one license, one name, no tiers. Kansas no longer runs a two-step home ladder, and the prior entry's central architectural claim ('Kansas tiers home-based care into two licenses') is FALSE as of August 2, 2024. THE REGULATION THAT DID IT. K.A.R. 28-4-113 and 28-4-114 were amended effective August 2, 2024. The adopted text was published by the Kansas Secretary of State in the Kansas Register, Vol. 43, No. 29, July 18, 2024, at pages 1082-1085, under the heading 'State of Kansas / Department of Health and Environment / Permanent Administrative Regulations / Article 4.-MATERNAL AND CHILD HEALTH'. Each regulation carries its own amendment history line ending 'amended Aug. 2, 2024.' The amended K.A.R. 28-4-113(i) collapses the old categories into a single defined term: '"Family child care home," "day care home," or "group day care home" means the premises on which care is provided for a maximum of 12 children under 16 years of age, with a limited number of children under five years of age as specified in K.A.R. 28-4-114(e).' The three names are now synonyms of ONE thing. The definition of the licensed unit at K.A.R. 28-4-113(h) is equally flat: '"Facility" means a family child care home, a day care home, or a group day care home.' There is no 10-child license and no separate 12-child license; there is one license with a 12-child ceiling and an age-composition table that decides how close to 12 you can get with how many providers. THE STATUTE THAT NOW SITS ON TOP OF IT. From July 1, 2026, the licensing act for a home-based program is NOT K.S.A. 65-501 et seq. It is the new day care licensing act enacted by 2025 HB 2045 (L. 2025, ch. 118) and codified at K.S.A. 75-7701 through 75-7728, plus K.S.A. 65-537 through 65-544. The prohibition is K.S.A. 75-7707(a): 'It shall be unlawful for any person, firm, corporation or association to conduct or maintain a day care facility for children under 16 years of age without having a license or temporary permit therefor from the executive director of the Kansas office of early childhood.' The definitional hinge is K.S.A. 75-7708(a)(6): '"Day care facility" means a day care home, preschool, child care center, school-age program, youth development program or other facility of a type determined by the director to require regulation under this act,' and 75-7708(a)(4): '"Child care home" means the premises where care is provided for children at a residence.' K.S.A. 75-7708(a)(1) defines the scope of the act itself: '"Act" means K.S.A. 2025 Supp. 65-544 and 75-7701 through 75-7728, and amendments thereto.' THE SURGICAL CUT OUT OF THE OLD CHAPTER. The Legislature did not repeal K.S.A. 65-501 et seq.; it carved day care out of it on a date certain. K.S.A. 65-503(e)(5), as amended by HB 2045 sec. 41 and shown on the Kansas Revisor of Statutes' current page for 65-503: 'On and after July 1, 2026, "child care facility" does not include day care facility or child resource and referral agency.' And K.S.A. 65-503(i)(3): 'On and after July 1, 2026, this subsection shall expire' - subsection (i) being the definition of 'day care facility' inside chapter 65. The old chapter still lives for maternity centers, child placement agencies, boarding schools and residential facilities. It no longer governs a family child care home. The prior entry called this a 'TRANSITIONAL NOTE ... confirm the current program name/structure with KDHE Child Care Licensing' - the transition has since completed, and confirming it with KDHE is now the wrong instruction. WHICH REGULATIONS ACTUALLY APPLY TO A HOME. The operative body is still K.A.R. Article 28-4, kept alive across the transfer by HB 2045 New Sec. 13(a) and K.S.A. 75-7706. KOEC serves the compiled text as the 'Family Child Care Home Regulations Book' - the file itself is titled 'KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT / KANSAS LAWS AND REGULATIONS FOR LICENSING FAMILY CHILD CARE HOMES / AUGUST 2024', 76 pages. Its own table of scope, K.A.R. 28-4-122(a), lists what the general regulations 28-4-123 through 28-4-133 cover: '(1) Family child care home, day care home, or group day care home as defined in K.A.R. 28-4-113; (2) preschool and child care center as defined in K.A.R. 28-4-420; and (3) residential center and group boarding home as defined in K.A.R. 28-4-268.' The home-specific chain is: 28-4-113 (definitions), 28-4-114 (applicant; licensee; maximum group size), 28-4-114a (initial and ongoing professional development training), 28-4-115 (facility), 28-4-116 (daily care of children), 28-4-116a (napping and sleeping), 28-4-117 (health care requirements for children under 16 and recordkeeping), 28-4-118 (reporting suspected child abuse or neglect), 28-4-119b (compliance with regulations; exceptions), 28-4-122 through 28-4-133 (general regulations, including parental access, off-premises permission, BACKGROUND CHECKS at 28-4-125, adult health at 28-4-126, telephone and emergency medical treatment at 28-4-127, safety and emergency procedures at 28-4-128, swimming at 28-4-129, transportation at 28-4-130, animals at 28-4-131, child care practices at 28-4-132, critical incidents at 28-4-133), plus the fee regulations 28-4-92 (license fees) and 28-4-95 (fingerprint fee). A LIVE RULEMAKING IS PENDING AND MUST BE READ AS PENDING, NOT AS LAW. The Kansas Secretary of State published, in the Kansas Register Vol. 45, Issue 20, May 14, 2026 (Doc. No. 054173), a KDHE 'Notice of Hearing on Proposed Administrative Regulations' setting a hearing for '10:00 a.m. Monday, July 13, 2026, in the Azure Conference Room, 4th Floor, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of the proposed permanent Child Care Licensing regulations: K.A.R. 28-4-92, 28-4-113, 28-4-114, 28-4-114a, 28-4-122, 28-4-126, 28-4-128, 28-4-129, 28-4-130, 28-4-132, 28-4-420, 28-4-422, 28-4-423, 28-4-426, 28-4-429, 28-4-430, 28-4-437, 28-4-439, 28-4-440, 28-4-576 [through] 28-4-596, 28-4-700 [through] 28-4-705.' Its economic-impact summary is unusually explicit about the two numbers a home provider cares about: 'Child care providers will benefit from approximately $763,000 in annual savings, including: $360,000 from reducing required training hours (from 16 to 10 hours annually), and $403,000 from eliminating licensing fees (applications, renewals, and late fees).' The notice also confirms the August 2024 baseline: 'after the last set of Article 4 regulations, including the revocation of K.A.R. 28-4-442, was promulgated on August 2, 2024, KDHE received feedback from licensing specialists and providers on a few minor changes that needed to be made.' As of 2026-08-25 I could not find any Kansas Register issue published after May 14, 2026 through the Secretary of State's public archive (every later issue and regulation-index URL I probed returned the site's 404 page), so I CANNOT state that these amendments have been adopted or given an effective date. KOEC's own 'Regulations' tab says the same thing in agency language: 'Following the passage of House Bill 2045 in April 2025, additional changes to these regulations are required. These regulations are currently in the process of being implemented.' Treat the August 2, 2024 K.A.R. text as the filed text and the statute as the controlling overlay - see annual_training_hours and verify_flag, where the two actually conflict. NO LICENSE FEE. K.S.A. 75-7710(a)(2): 'for any day care facility subject to this act, there shall be no annual fee for a license to conduct a day care facility.' KOEC's 'Types of Licensed Care' page repeats it for the family child care home in plain words: 'There is no longer a state licensing fee. Local fees may also apply.' This is a direct correction of the prior entry, which told an applicant to send '$75 + $1 per child of authorized capacity per K.A.R. 28-4-92(d)'. K.A.R. 28-4-92(d)(1) does still literally read '$75 plus $1 times the maximum number of children to be authorized under the license' for a 'Day care home or group day care home' - that regulation was last amended December 17, 2010 and is on the July 13, 2026 hearing list precisely because it is now inconsistent with the statute. Statute governs; do not send money. Two fee traps survive and are NOT abolished: the $48-per-person fingerprint fee (K.A.R. 28-4-95, reinstated by KOEC effective January 1, 2026), and the late-renewal penalty at K.S.A. 75-7710(c), 'a late fee in an amount of $75 or an amount equal to the fee for the renewal of a license, whichever is greater.' A LICENSURE EXEMPTION THAT THE PRIOR ENTRY DID NOT MENTION AT ALL, AND THAT DECIDES WHETHER A PERSON NEEDS THIS PRODUCT. K.S.A. 65-538(b) (HB 2045 New Sec. 2(b), in force since July 1, 2025) commands: 'The secretary shall update rules and regulations to not require licensure for an individual who provides care for less than 35 hours, unless otherwise increased by the secretary, to four or fewer children, not more than two of whom may be infants who are not related to the individual by blood, marriage or legal adoption, nor to individuals who provide care for children in such child's own home or when care is arranged between friends and neighbors on an irregular basis.' KOEC's 'Types of Licensed Care' page publishes the working version under 'Unregulated Care': 'Licensing for home-based daycare is not required as follows: When child care is provided for children in their own home; When child care is provided for children who are all relatives of the child care provider; When child care is arranged between friends or neighbors on an irregular basis; When child care is provided for four or fewer children, not more than two of whom may be infants, unrelated to the child care provider for not more than 35 hours per week.' KOEC's own form CCL 008 (Rev. 10/2025, 'Licensing Child Care in Kansas') phrases the first prong slightly differently - 'Child care is provided for not more than four children unrelated to the provider for 35 hours a week or less per child' - and omits the two-infant cap. Where the form and the statute diverge, the statute's two-infant limit controls. WAIVERS AND PILOTS - NEW, AND REAL. K.S.A. 65-541 / 75-7705 build a waiver channel that did not exist before: 'Notwithstanding any law to the contrary, a person granted licensure to maintain a day care facility may request a waiver from the requirements of this act for a set period of time. Waiver requests shall be made in a form and manner approved by the director of early childhood ... Such waiver request shall be submitted to the deputy director of child care licensure and finance. Upon a recommendation by the deputy director of child care licensure and finance on a case-by-case basis, the director may grant a waiver.' K.S.A. 65-542 authorizes pilot programs that may waive licensure and operational requirements for up to five licensure years (plus two more for pilot participants), subject to 65-542(a)(3): 'The secretary shall not grant a license under this section if the secretary determines that a day care facility or youth development program or staff of such facility or program would endanger the health, safety and welfare of any child.' Separately, K.A.R. 28-4-119b keeps the older regulation-level exception route alive: '(a) An exception to a regulation may be allowed by the department if: (1) The applicant requests an exception from the department on a form supplied by the department; and (2) The secretary determines the exception to be in the best interests of the day care child or children and their families.' The form is CCL 031, 'Request for Exception Application'. KOEC additionally publishes standing, agency-wide 'Regulation Policy Exceptions for Family Child Care Homes' - as of 2026-08-25 the list is: Policy Exception 15-Passenger Vans; Policy Exception Definition of Disinfect; Policy Exception Hands Free Trash Can; Policy Exception Removal of Sanitize in Blood and Other Bodily Fluids or Waste; Policy Exception TB Test Documentation; Pool Policy Exception; Pool Visual Guidance; TASN Training Exception. ENFORCEMENT SHAPE. Annual inspection is mandatory: K.S.A. 75-7715(a) 'It is hereby made the duty of the director of the Kansas office of early childhood to inspect or cause to be inspected on or after July 1, 2026, and once every 12 months thereafter, every day care facility.' Complaint inspections are mandatory and pre-license inspection is mandatory: 75-7715(b) 'The director of the Kansas office of early childhood shall conduct an inspection of any day care facility upon receiving a complaint. Any new day care facility shall be inspected prior to issuance of a license.' Correction orders run on a five-day clock: K.S.A. 75-7716(a) 'It shall thereupon be the duty of the licensee to make such changes or alterations as are contained in the written notice within five days from the receipt of such notice.' Criminal penalty is antique and tiny: K.S.A. 75-7717(a) 'shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $5 but not more than $50. Each and every day that the person fails or refuses to comply with such provisions shall be deemed a separate offense.' The civil fine is the one with teeth: K.S.A. 75-7723(a) 'Each civil fine assessed under this section shall not exceed $500. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.' And there is a new permanent bar: K.S.A. 75-7709(f) 'If the director revokes or refuses to renew a license of a licensee who is a repeat violator for three or more times of statutory requirements or rules and regulations or is found to have contributed to the death or serious bodily harm of a child under such licensee's care, such licensee shall be permanently prohibited from applying for a new license to provide child care or from seeking employment under another licensee.' Existing paper survives the transfer: K.S.A. 75-7725(a) 'Any license, certificate of registration or temporary permit that was issued prior to the effective date of this act and is in effect on the effective date of this act shall continue in effect until the expiration thereof, unless suspended or revoked prior to such time.'
Maximum group size
12 children - and the phrase 'maximum group size' is now the regulation's own term of art, not a paraphrase. K.A.R. 28-4-114(e) is captioned 'Maximum group size for family child care homes' as amended effective August 2, 2024, and each of the three tables is headed 'MAXIMUM GROUP SIZE'. The figure is not a single number; it is a function of (i) how many providers are present and (ii) the age of the youngest child present. THE FOUR ANSWERS, RANKED. (1) ONE PROVIDER, ANY CHILD UNDER 12 MONTHS PRESENT: 10 with zero or one infant, 9 with two, 8 with three (Table I). (2) ONE PROVIDER, YOUNGEST CHILD AT LEAST 2.5: 10. (3) ONE PROVIDER, YOUNGEST AT LEAST 3: 11. (4) ONE PROVIDER, YOUNGEST AT LEAST 5 (all under 10): 12 (Table II). With TWO providers the answer is 12 in every lawful configuration, up to a maximum of five children under twelve months (Table III), and 12 as well where all enrolled children are at least 2.5 and under 10 (K.A.R. 28-4-114(e)(2)). WHEN THE SECOND PROVIDER BECOMES LEGALLY REQUIRED. The footnote to Table III: '*A second provider shall be present when the number of children exceeds the maximum number allowed for one provider. See Table I.' Note the trigger is 'exceeds the maximum number allowed for one provider' - which is the Table I / Table II figure for the mix actually present, not a flat ten. A home with three infants and a lone provider is already at its cap of 8; the eleventh child is not the trigger, the ninth is. WHAT CHANGED AGAINST THE PRIOR ENTRY. The prior entry answered '12 children total (Group Day Care Home, requiring a second qualified provider present unless all children are at least 5 years old); a single-provider Day Care Home is capped at 10.' Three defects. (a) 'Group Day Care Home' is not a separate license any more - K.A.R. 28-4-113(i) makes it a synonym. (b) The 'unless all children are at least 5 years old' carve-out is now only one of three single-provider ladder rungs; a single provider also reaches 10 at 2.5-and-up and 11 at 3-and-up. (c) 'A single-provider Day Care Home is capped at 10' is true only where an infant is present; where the youngest is three, one provider may hold 11, and where the youngest is five, 12. COUNTED INTO THE GROUP SIZE, ALWAYS: the provider's (and any other provider's) related children under 10 (K.A.R. 28-4-114(h)(1),(2)); unrelated children 10-15 receiving care where that age group as a whole exceeds five hours a week (K.A.R. 28-4-114(e)(3)); any resident found to need a guardian or conservator (K.S.A. 75-7719(c)); and any child counted at a developmental rather than chronological age (K.A.R. 28-4-114(f)). OUTSIDE THE GROUP SIZE, BY EXPRESS PERMISSION ONLY: the three narrow 'additional children' allowances at K.A.R. 28-4-114(i) - two part-day preschool/kindergarten children aged 2.5+ for the noon meal between 11:00 a.m. and 1:00 p.m. on school days; two children aged 5 to under 10 between 6:00 a.m. and 6:00 p.m. in the defined school-calendar windows; and two visiting children aged 10+ unrelated to the licensee, for not more than two hours a day, only if they are not there to receive care, are visiting the licensee's own child, and are supervised by a provider if they have access to the children in care.
CPR & first aid
Yes — required before licensure
Last verified
2026-08-25

Who needs a license — home types in Kansas

ONE DEFINITION, THREE INTERCHANGEABLE NAMES. K.A.R. 28-4-113(i), as amended effective August 2, 2024 and published in the Kansas Register Vol. 43, No. 29 (July 18, 2024) at p. 1083: '"Family child care home," "day care home," or "group day care home" means the premises on which care is provided for a maximum of 12 children under 16 years of age, with a limited number of children under five years of age as specified in K.A.R. 28-4-114(e).' Read that carefully: the quotation marks enclose THREE terms and the verb is singular - the regulation is telling you the three names mean the same thing. K.A.R. 28-4-113(h) then defines the licensed object: '"Facility" means a family child care home, a day care home, or a group day care home.' KOEC's public-facing description agrees: 'Family Child Care Home - A child care facility in which care is provided for a maximum of 12 children under 16 years of age and includes children under 10 years of age related to the provider. This could require 2 providers depending on the total number and ages of children in care.' CORRECTION TO THE PRIOR ENTRY, ITEM BY ITEM.

The prior entry asserted '(1) DAY CARE HOME = premises where care is provided for a maximum of 10 children under 16 years of age ... (2) GROUP DAY CARE HOME = premises where care is provided for a maximum of 12 children under 16.' That was the PRE-August-2024 regulation. There is no longer a 10-child 'day care home' definition. Ten is a number that shows up inside Table I as the largest maximum group size one provider can reach - it is a table outcome, not a license type. The prior entry also said 'a second qualified provider must be present whenever the number of children exceeds the one-provider maximum in Table I' and attributed that to the group-day-care-home definition; the sentence itself survives (it is the asterisked footnote to Table III), but it is now a rule inside one license, not the boundary between two. THE LICENSE IS NOT NECESSARILY THE PROVIDER'S HOME. This is new and it is easy to miss. K.S.A. 65-540(a) (HB 2045 New Sec. 4(a), in force July 1, 2025): 'The secretary of health and environment shall not require as a condition of licensure for a child care home that the licensee live in the child care home.' K.S.A. 65-540(b): 'On and after July 1, 2026, this section shall be administered by the director of early childhood.'

KOEC's own description follows: 'The license is usually issued for the provider's own home but may be issued at a location other than the provider's home such as a commercial setting. The license identifies the address of the child care facility.' The forms library carries a dedicated commercial-setting track: CCL 201 is captioned 'Application for New Family Child Care Home ... (includes commercial settings)' and CCL 201b is the 'Application Checklist for a Family Child Care Home In a Non-Residential or Commercial Building ... (excludes home settings)'. K.S.A. 75-7708(a)(4) still defines 'child care home' as 'the premises where care is provided for children at a residence', so the statutory definition and the no-residency rule sit in mild tension; KOEC resolves it operationally by licensing commercial-setting family child care homes on CCL 201b. Practical consequence for a commercial-setting applicant, from KOEC's Step 5: 'In a commercial setting (non-residential), the initial survey will be conducted prior to children in care. A temporary permit may be issued after the survey process' - i.e. no care before the survey, unlike a residential home.

WHO COUNTS AS A CHILD IN THE HOME - THE THREE COUNTING RULES THAT DECIDE A PROVIDER'S REAL CAPACITY. (1) THE PROVIDER'S OWN CHILDREN UNDER TEN COUNT. K.A.R. 28-4-114(g): 'License capacity not exceeded. Each applicant with a temporary permit and each licensee shall ensure that the total number of children on the premises, including children under 10 years of age related to the applicant with a temporary permit, the licensee, or any other provider, does not exceed the license capacity, except for additional children permitted in subsection (i).' And again inside the group-size rule, K.A.R. 28-4-114(h)(1): 'The maximum number of children in each age category, including children under 10 years of age related to the applicant with a temporary permit, the licensee, or any other provider, does not exceed the maximum number of children in each age category as specified in subsection (e).' NOTE THE AGE: TEN, not eleven. The prior entry said 'the provider's OWN related children under 11 years of age who are on the premises count toward the license capacity' and cited K.A.R. 28-4-114(h). The cited subsection is roughly right; the number is wrong.

It is under 10. Note also the breadth: it is not only the licensee's children - it is children related to 'any other provider' on duty, so a second provider's own six-year-old occupies a slot too. (2) UNRELATED CHILDREN AGED 10 TO 15 COUNT ONLY ABOVE A WEEKLY-HOURS THRESHOLD. K.A.R. 28-4-114(e)(3): 'Children at least 10 years of age but under 16 years of age unrelated to the provider on the premises for the purpose of receiving child care in the facility shall be included in the maximum group size if child care for this age group as a whole exceeds five hours a week.' The prior entry said 'children 11-15 unrelated to the provider count if care for that age group exceeds three hours a week (28-4-114(e)(2),(f)(2)).' BOTH numbers are wrong and the citation is wrong: the band is 10-through-15, the threshold is FIVE hours a week, and subsection (f) is now 'Developmental levels', not a group-day-care-home table. (3) DEVELOPMENTAL AGE OVERRIDES CHRONOLOGICAL AGE. K.A.R. 28-4-114(f): 'Developmental levels. Any child who does not function according to age-appropriate expectations shall be counted in the age group that reflects the developmental age level of the child.' A five-year-old functioning as a three-year-old is counted in the under-five column, which can cost the home two or three slots. (4) A FOURTH, EASILY-MISSED COUNTING RULE FROM STATUTE. K.S.A. 75-7719(c): 'Any person who resides in a day care facility and who has been found to be in need of a guardian or a conservator, or both, shall be counted in the total number of children allowed in care.'

An adult household member under guardianship occupies a child slot. CHILDREN WHO ARE PERMITTED ON THE PREMISES OVER AND ABOVE THE LICENSE. K.A.R. 28-4-114(i) is a genuine, structured allowance the prior entry omitted entirely: 'Additional children on the premises. In addition to the number of children permitted under the terms of the temporary permit or the license and specified in subsection (e), other children may be permitted on the premises. (1) Not more than two additional children 2.5 years of age or older who attend part-day preschool or part-day kindergarten may be present at any time between the hours of 11:00 a.m. and 1:00 p.m. for the noon meal on days that school is in session. (2) Not more than two additional children at least five years of age but under 10 years of age may be present between the hours of 6:00 a.m. and 6:00 p.m.

The additional children may be present as follows: (A) During the academic school year before and after school, in-service days, school holidays, scheduled or emergency closures, and school breaks not to exceed two consecutive weeks; and (B) during the two consecutive weeks before the opening of the academic school year in August or September and following the end of the academic school year in May or June. (3) Not more than two additional children 10 years of age or older, unrelated to the applicant with a temporary permit or the licensee, may be present for not more than two hours a day during child care hours if all of the following conditions are met: (A) The additional children are not on the premises for the purpose of receiving child care in the facility. (B) The additional children are visiting the applicant's or the licensee's own child or children. (C) The additional children are supervised by a provider if they have access to the children in care.' WHO MAY BE THE LICENSEE. K.A.R. 28-4-114(b): 'Each applicant, if an individual, and each licensee, if an individual, shall meet the following requirements: (1) Be at least 18 years of age; (2) not be involved in child care or a combination of child care and other employment for more than 18 hours in a 24-hour period; and (3) not be engaged in either business or social activities that interfere with the care or supervision of children.'

That 18-hours-in-24 cap is a real, enforceable ceiling on a home provider who also works another job, and it does not appear in the prior entry. High school completion is a statutory condition: K.S.A. 75-7719(k) 'No person shall maintain a day care facility unless such person is a high school graduate or the equivalent thereof, except that, if extraordinary circumstances exist, the director of the Kansas office of early childhood may exercise discretion to make exceptions from this requirement. This subsection shall not apply to any person who was maintaining a day care facility on the day immediately prior to July 1, 2010.' KOEC's opening question to prospective providers mirrors it: 'Are you 18 and have a high school degree or its equivalent?' WHO MAY BE A 'PROVIDER' (the person who may be counted as staffing the home). K.A.R. 28-4-113(c): '"Care provider" and "provider" mean an individual who cares for and supervises children in a facility and has responsibility for the health, safety, and well-being of children, including the following: (1) A primary care provider; (2) an individual who is at least 16 years of age and who is working in the facility; and (3) a substitute.' K.A.R. 28-4-113(q): '"Primary care provider" means an applicant with a temporary permit, a licensee, or the designee of an applicant with a temporary permit or a licensee.

Each applicant with a temporary permit, each licensee, and each designee shall be at least 18 years of age and shall meet the requirements for a primary care provider specified in K.A.R. 28-4-114a.' So the second body that unlocks Table III can be sixteen; the person legally responsible cannot. SUBSTITUTES AND ABSENCES ARE DEFINED WITH A THREE-HOUR HINGE. K.A.R. 28-4-113(v): '"Temporary absence" means time away from a facility for a period not to exceed three hours in a day.' K.A.R. 28-4-113(g): '"Extended absence" means time away from a facility for a period of more than three hours in a day.' K.A.R. 28-4-113(u): '"Substitute" means an individual who supervises children in the temporary absence or extended absence of the primary care provider and who meets the following requirements: (1) In the temporary absence of the primary care provider, the substitute shall be at least 16 years of age and shall meet all of the requirements specified in K.A.R. 28-4-114a. (2) In the extended absence of the primary care provider, the substitute shall be at least 18 years of age and shall meet all of the requirements specified in K.A.R. 28-4-114a.'

Arranging one is mandatory, not optional - K.A.R. 28-4-114(j): 'Each applicant with a temporary permit and each licensee shall arrange for a substitute to care for children in the event of a temporary absence or extended absence of the primary care provider.' ONE FACILITY PER PREMISES, ONE TYPE PER LICENSEE. K.A.R. 28-4-114(c)(1): 'Each applicant with a temporary permit and each licensee who operates more than one child care facility, as defined in K.S.A. 65-503, and amendments thereto, shall maintain each child care facility as a separate entity.' K.A.R. 28-4-114(c)(2): 'A license for an additional child care facility shall not be granted until all existing child care facilities for which the licensee has been granted a license are in compliance with licensing regulations.' K.A.R. 28-4-114(d): 'Multiple licenses. No licensee shall be licensed concurrently for or provide more than one type of child care or child and adult care on the same premises.' WHAT A FAMILY CHILD CARE HOME IS NOT. It is not a child care center: KOEC defines a center as serving '13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day', and CCL 008 adds that a program with fewer than 13 children may nevertheless be licensed as a center 'if the program and building meet child care center regulations.'

It is not a preschool (30 months and older, sessions not exceeding three hours, one session per day, no meal served - CCL 008, citing K.S.A. 72-3118(c)). It is not a school-age program or a youth development program: K.S.A. 75-7724(a)(6) defines a youth development program as 'a child care facility where youth activities are conducted that is not located in an individual's residence' - the residence exclusion is what keeps a home out of that box. Note that HB 2045 abolished the old 'drop-in program' label by absorption: K.S.A. 75-7724(h) 'Whenever drop-in program or words of like effect, are referred to or designated by any statute, rule or regulation, contract or any other document, such reference or designation shall apply to a youth development program.'

How many children you can care for in Kansas

12 CHILDREN UNDER 16 YEARS OF AGE - THE ABSOLUTE CEILING, AND IT IS REACHABLE ONLY UNDER CONDITIONS. K.A.R. 28-4-113(i): a family child care home is 'the premises on which care is provided for a maximum of 12 children under 16 years of age, with a limited number of children under five years of age as specified in K.A.R. 28-4-114(e).' Twelve is the ceiling of the whole license type. There is no longer any Kansas home license with a lower statutory ceiling. BUT THE OPERATIVE NUMBER IS 'MAXIMUM GROUP SIZE', NOT 'LICENSE CAPACITY', AND THE TWO ARE DIFFERENT THINGS. K.A.R. 28-4-113(l) still defines the old concept: '"License capacity" means the maximum number of children who are authorized to be on the premises at any one time.' But the August 2, 2024 amendment retitled the controlling subsection K.A.R. 28-4-114(e) as 'MAXIMUM GROUP SIZE FOR FAMILY CHILD CARE HOMES' and put every table under that heading. The practical meaning: your licensed number is a ceiling, and the age mix present at any given moment sets a second, usually lower, ceiling that moves during the day. K.A.R. 28-4-114(h)(2): 'The total number of children on the premises, including children under 10 years of age related to the applicant with a temporary permit, the licensee, or any other provider, does not exceed the maximum group size based on the age of the youngest child present and the number of providers present as specified in subsection (e).'

Read 'based on the age of the youngest child present' - one infant walking through the door re-prices the whole room. WHAT ONE PROVIDER CAN DO. From Table I (K.A.R. 28-4-114(e)(1)), the four permitted combinations for a single provider, columns being [children under 12 months] / [at least 12 months but under 5 years] / [at least 5 years but under 10 years] = [maximum group size]: 0 / 8 / 2 = 10; 1 / 6 / 3 = 10; 2 / 5 / 2 = 9; 3 / 3 / 2 = 8. So a lone provider tops out at TEN, and only with zero or one child under twelve months. A second infant costs a slot (9). A third infant costs two more (8). Table II then lets one provider go ABOVE ten if there are no young children at all: 'At Least 2.5 Years but Under 10 Years of Age' = 10; 'At Least 3 Years but Under 10 Years of Age' = 11; 'At Least 5 Years but Under 10 Years of Age' = 12. That eleven is the number a Kansas-specific reader will not have seen before - one provider, all children at least three and under ten, maximum group size 11. WHAT TWO PROVIDERS CAN DO. Table III (K.A.R. 28-4-114(e)(1)), same three columns = maximum group size: 0 / 10 / 2 = 12; 1 / 9 / 2 = 12; 2 / 8 / 2 = 12; 3 / 7 / 2 = 12; 4 / 5 / 3 = 12; 5 / 4 / 3 = 12. Twelve every time - the second provider does not raise the ceiling above twelve, it buys back the slots that infants take away.

Note the top of that column: FIVE children under twelve months is permissible with two providers, which is the deepest infant allowance in the Kansas home regulations. Table III carries an asterisked footnote that is itself the operative staffing trigger: '*A second provider shall be present when the number of children exceeds the maximum number allowed for one provider. See Table I.' And K.A.R. 28-4-114(e)(2) adds the two-provider analogue of Table II: 'If the ages of children enrolled are at least 2.5 years but under 10 years of age, the maximum group size for two providers is 12.' KOEC's own one-page 'Family Child Care Home Capacity Visual' (file title 'Capacity Visual KAR 28.4.114 v. 4') closes with exactly that note: 'Note: If the ages of children enrolled are at least 2.5 years but under 10 years of age, the maximum group size is 12 with two providers.' THE AGE BANDS THEMSELVES ARE A CORRECTION. The prior entry ran the tables on bands of 'under-18-months / at-least-18mo-but-under-5yr / at-least-5-but-under-11'. As amended August 2, 2024 the bands are UNDER 12 MONTHS / AT LEAST 12 MONTHS BUT UNDER 5 YEARS / AT LEAST 5 YEARS BUT UNDER 10 YEARS.

Eighteen months no longer appears anywhere in K.A.R. 28-4-114(e), and the top band closes at ten, not eleven. Every one of the prior entry's Table I rows ('0 / 7 / 3 = 10; 1 / 5 / 4 = 10; 2 / 4 / 3 = 9; 3 / 3 / 2 = 8') is wrong on the numbers as well as the bands, except the last total. Its Table III rows ('1 / 8 / 3 = 12; 2 / 7 / 3 = 12; 3 / 6 / 3 = 12; 4 / 4 / 2 = 10') are wrong: there is no row in the current Table III whose total is 10, and the 4-infant row is 4 / 5 / 3 = 12, not 4 / 4 / 2 = 10. Its 'Table IV' ('0 under-18mo / 5 (18mo-under-2.5) / 7 (2.5-under-11) = 12') does not exist in the current regulation at all - there are three tables, not four. Its Table II figures ('9 if all children are at least 2.5 ... 10 if all are at least 3 ... 12 if all are at least 5') are each one child low at the two lower rungs: the current figures are 10, 11 and 12. THE SUBSTITUTION RULE THAT LETS A HOME BACKFILL ABSENCES. K.A.R. 28-4-114(h)(3): 'For each child under five years of age not in attendance, the maximum number of children ages five and older may be increased by one. The total number of children in attendance shall not exceed the maximum group size.'

This is a one-for-one swap upward in age, capped by the group-size figure - it does not let a home exceed its table total. The prior entry rendered this as a parenthetical inside Table I ('children 5+ may substitute for younger children') without the cap sentence; the cap sentence is the part that matters in an inspection. CAPACITY IS ALSO CONSTRAINED BY SPACE AND FIRE. K.A.R. 28-4-115(c): 'Each facility shall have 25 square feet of available play space per child and shall be constructed, arranged, and maintained to provide for the health and safety of children in care.' Twenty-five square feet per child, not the 28 that HB 2045 wrote for CENTERS (K.S.A. 65-539(b)(1): 'The designated area for children's activities shall contain a minimum of 28 square feet of floor space per child, excluding kitchens, passageways, storage areas and bathrooms') - do not import the center number into a home. Fire approval is a precondition on the premises and on the specific floors used: K.A.R. 28-4-115(d) 'Each facility shall be approved for fire safety by a fire inspector'; K.A.R. 28-4-115(e) 'A basement or a second floor used for child care in a facility shall be approved for fire safety by a fire inspector before use. A third floor shall not be used for child care.'

Outdoor space is required as part of the licensed premises for homes licensed since 2012: K.A.R. 28-4-115(j) 'Each facility licensed on and after March 1, 2012 shall have a designated area for outdoor play and large motor activities as part of the licensed premises.' THE NUMBER ON THE LICENSE IS BINDING AS A MATTER OF STATUTE, NOT MERELY OF REGULATION. K.S.A. 75-7709(a): 'A license granted to maintain a day care facility shall state the name of the licensee, describe the particular premises in or at which the business shall be carried on, whether it shall receive and care for children, and the number of children that may be cared for at any one time. No greater number of children than is authorized in the license shall be kept on such premises, and the business shall not be carried on in a building or place not designated in the license.' To change the number or the address, file CCL 032, 'Request for Licensing Amendment'; K.S.A. 75-7710(d) permits an amendment fee 'in an amount of not to exceed $35.' ENROLLMENT IS REPORTED ON A DEDICATED FORM. CCL 205, 'Family Child Care Home Schedule of Enrollment', is the instrument KOEC uses to test a home's actual daily mix against its tables; a home that is compliant on paper and non-compliant at 4 p.m. is caught here.

Adult-to-child ratios

KANSAS DOES NOT PUBLISH AN ADULT:CHILD RATIO FOR HOME-BASED CARE. It publishes AGE-COMPOSITION TABLES. This much of the prior entry was right and is confirmed: there is no '1:4 for infants' style rule for a family child care home anywhere in K.A.R. Article 28-4. The governing instrument is K.A.R. 28-4-114(e), retitled effective August 2, 2024 as 'Maximum group size for family child care homes', reproduced below verbatim from the adopted text published in the Kansas Register, Vol. 43, No. 29, July 18, 2024, p. 1084. K.A.R. 28-4-114(e)(1): 'The maximum group size for a family child care home shall be the following:' TABLE I - MAXIMUM GROUP SIZE, ONE PROVIDER. Columns: 'Maximum Number of Children Under 12 Months' | 'Maximum Number of Children at Least 12 Months but Under 5 Years of Age' | 'Maximum Number of Children at Least 5 Years but Under 10 Years of Age' | 'Maximum Group Size'. Rows: 0 | 8 | 2 | 10. 1 | 6 | 3 | 10. 2 | 5 | 2 | 9. 3 | 3 | 2 | 8. TABLE II - MAXIMUM GROUP SIZE, ONE PROVIDER. Columns: 'Ages of Children Enrolled' | 'Maximum Group Size'. Rows: 'At Least 2.5 Years but Under 10 Years of Age' | 10. 'At Least 3 Years but Under 10 Years of Age' | 11. 'At Least 5 Years but Under 10 Years of Age' | 12. TABLE III - MAXIMUM GROUP SIZE, TWO PROVIDERS*.

Columns: 'Maximum Number of Children Under 12 Months' | 'Maximum Number of Children at Least 12 Months but Under 5 Years of Age' | 'Maximum Number of Children at Least 5 Years but Under 10 Years of Age' | 'Maximum Group Size*'. Rows: 0 | 10 | 2 | 12. 1 | 9 | 2 | 12. 2 | 8 | 2 | 12. 3 | 7 | 2 | 12. 4 | 5 | 3 | 12. 5 | 4 | 3 | 12. Footnote as printed: '*A second provider shall be present when the number of children exceeds the maximum number allowed for one provider. See Table I.' K.A.R. 28-4-114(e)(2): 'If the ages of children enrolled are at least 2.5 years but under 10 years of age, the maximum group size for two providers is 12.' K.A.R. 28-4-114(e)(3): 'Children at least 10 years of age but under 16 years of age unrelated to the provider on the premises for the purpose of receiving child care in the facility shall be included in the maximum group size if child care for this age group as a whole exceeds five hours a week.' HOW TO READ THE TABLES WITHOUT GETTING IT WRONG. (a) The first three columns are CAPS PER AGE BAND, not a required composition. K.A.R. 28-4-114(h)(1) enforces them individually: 'The maximum number of children in each age category ... does not exceed the maximum number of children in each age category as specified in subsection (e).'

You may be under a column and still be over the row total, or under the total and still over a column - both are violations. (b) The row is selected by the youngest child physically present, per K.A.R. 28-4-114(h)(2): '... does not exceed the maximum group size based on the age of the youngest child present and the number of providers present as specified in subsection (e).' (c) Related children under ten are inside the count, per K.A.R. 28-4-114(g) and (h)(1) - 'including children under 10 years of age related to the applicant with a temporary permit, the licensee, or any other provider.' (d) Developmental age governs, per K.A.R. 28-4-114(f): 'Any child who does not function according to age-appropriate expectations shall be counted in the age group that reflects the developmental age level of the child.' (e) Empty young slots convert upward one-for-one, per K.A.R. 28-4-114(h)(3): 'For each child under five years of age not in attendance, the maximum number of children ages five and older may be increased by one. The total number of children in attendance shall not exceed the maximum group size.' (f) The K.A.R. 28-4-114(i) 'additional children' allowances sit OUTSIDE the tables and are described in full under home_type_definition; they are the only lawful way for more bodies than the group size to be on the premises.

THE ONE GENUINE STAFFING RULE, AND ITS AGE FLOOR. K.A.R. 28-4-132(a): 'Supervision. Each applicant, each applicant with a temporary permit, and each licensee shall ensure that supervision is provided by a person 16 years of age or older who is responsible for the health, safety, and well-being of each child in care.' Sixteen is the floor for a supervising 'provider' (K.A.R. 28-4-113(c)(2)); eighteen is the floor for the 'primary care provider' (K.A.R. 28-4-113(q)) and for a substitute covering an extended absence (K.A.R. 28-4-113(u)(2)). A SECOND STAFFING RULE THAT FUNCTIONS LIKE A RATIO AND IS ROUTINELY OVERLOOKED. K.A.R. 28-4-114a(c)(5): 'Each applicant with a temporary permit and each licensee shall ensure that at least one provider who has current certification in pediatric first aid and current certification in pediatric CPR is present at all times.' Not 'on staff' - PRESENT AT ALL TIMES. In a one-provider home this means the provider's own certification lapsing closes the home; in a two-provider home it constrains which pairs may work together. AND A THIRD, FOR TRANSPORT. K.A.R. 28-4-130(m)(9): 'Each facility shall maintain applicable staff-child ratios in the vehicle when children are being transported.'

The regulation borrows the word 'ratios' here even though the home tables are group-size tables; in practice the table applicable to the children in the vehicle travels with them. THE LEGISLATURE HAS ORDERED THESE NUMBERS REWRITTEN, AND THEY HAVE NOT BEEN REWRITTEN YET. K.S.A. 65-538(c) (HB 2045 New Sec. 2(c)), in force since July 1, 2025: 'The secretary shall update rules and regulations regarding child ratios on or before October 1, 2025.' K.A.R. 28-4-114 is on the July 13, 2026 hearing docket (Kansas Register Vol. 45, Issue 20, May 14, 2026). As of 2026-08-25 I found no published adoption of an amended 28-4-114, and KOEC's own capacity visual still carries the current Table II/III figures. So: the October 1, 2025 statutory deadline for a ratio update appears to have passed without a filed amendment, and the August 2, 2024 tables above remain the filed, enforceable numbers. This is a live tripwire - anyone relying on this entry after autumn 2026 must re-check K.A.R. 28-4-114 against the Kansas Register. DO NOT IMPORT THE CENTER RATIOS. KOEC publishes a separate 'Staff to Child Ratios (PDF)' and a 'Staff Child Ratio Guidance - KAR 28-4-428 (PDF)' - those govern CHILD CARE CENTERS and PRESCHOOLS under K.A.R. 28-4-428, a regulation that does not apply to a family child care home (see the scope list at K.A.R. 28-4-122(a), which routes homes to 28-4-123 through 28-4-133 and NOT to the 28-4-42x center series). A home provider who downloads the center ratio chart will be reading the wrong document.

Training you must complete before licensure

FIVE THINGS BEFORE A CHILD IS EVER ALONE WITH YOU, IN THIS ORDER: (0) be 18 and a high school graduate; (1) ORIENTATION, which must happen BEFORE you apply; (2) HEALTH AND SAFETY TRAINING, within 30 calendar days after applying; (3) PEDIATRIC FIRST AID AND PEDIATRIC CPR CERTIFICATION, within 30 calendar days after applying; (4) HEALTH STATUS ATTESTATION AND A TUBERCULOSIS TEST. All four training items sit in K.A.R. 28-4-114a, 'Initial and ongoing professional development training', as amended effective August 2, 2024 (Kansas Register Vol. 43, No. 29, July 18, 2024, pp. 1085-1086). The regulation opens with a rule for entity applicants: 'If an applicant, an applicant with a temporary permit, or a licensee is not an individual, the applicant, applicant with a temporary permit, or licensee shall designate an individual to meet the requirements of this regulation.' (0) THRESHOLD ELIGIBILITY. K.A.R. 28-4-114(b)(1): the applicant/licensee shall 'Be at least 18 years of age'. K.S.A. 75-7719(k): 'No person shall maintain a day care facility unless such person is a high school graduate or the equivalent thereof, except that, if extraordinary circumstances exist, the director of the Kansas office of early childhood may exercise discretion to make exceptions from this requirement.' (Grandfather clause for anyone maintaining a facility immediately prior to July 1, 2010.) (1) ORIENTATION - BEFORE APPLICATION, NOT AFTER. K.A.R. 28-4-114a(a)(1): 'Each person shall, before applying for a license, complete an orientation program on the requirements for operating a facility, provided by the secretary's designee that serves the county in which the facility will be located.'

KOEC's live instruction is blunter: 'Contact your Local Licensing Specialist (PDF) to schedule your orientation. Do not apply for a license until you have attended a required orientation.' KOEC lists the topics orientation covers: 'Licensing regulations; Emergency procedures; Behavior management and discipline practices; Schedule of daily activities; Importance of outdoor play; Health and safety practices, i.e. safe sleep, storage of hazardous materials, etc.; Confidentiality, i.e. child records; Required Health and Safety training topics; Required Pediatric CPR & First Aid.' KOEC adds a step that is not in the regulation but will sink an applicant who skips it: 'Verify Building Codes for Licensing - If applicable, contact your Home Owner's Association (HOA) or city or county building codes office to verify that you can open a licensed facility in your desired location.' Completion is documented on CCL 400, 'Family Child Care Home Orientation Checklist'. A SECOND, DIFFERENT ORIENTATION THE LICENSEE MUST DELIVER TO EVERY PROVIDER. K.A.R. 28-4-114a(a)(2): 'Each applicant, each applicant with a temporary permit, and each licensee shall provide orientation to each provider about the policies and practices of the facility, including duties and responsibilities for the care and supervision of children enrolled.

Each provider shall complete the orientation before the provider is given sole responsibility for the care and supervision of children. The orientation shall include the following: (A) Licensing regulations; (B) the policies and practices of the facility, including emergency procedures, behavior management, and discipline; (C) the schedule of daily activities; (D) care and supervision of children in care, including any special needs and known allergies; (E) health and safety practices; and (F) confidentiality.' The prior entry omitted this entirely. It matters the moment a home hires a substitute. (2) HEALTH AND SAFETY TRAINING - TEN SUBJECT AREAS, AND MEDICATION ADMINISTRATION IS ONE OF THEM. K.A.R. 28-4-114a(b): 'Each applicant, each applicant with a temporary permit, each licensee, and each provider shall complete health and safety training approved by the secretary. (1) Each applicant and each applicant with a temporary permit shall complete the training not later than 30 calendar days after submitting an application for a license. (2) Each provider shall complete the training before the date of employment or not later than 30 calendar days after the date of employment.

Each provider shall complete the training before being given sole responsibility for the care and supervision of children.' The subject list at K.A.R. 28-4-114a(b)(3) is: '(A) Recognizing the signs of child abuse or neglect, knowledge on the prevention of child maltreatment, shaken baby syndrome and abusive head trauma, and the reporting of suspected child abuse or neglect; (B) basic child development, including: (i) supervision of children; (ii) cognitive, social, emotional, physical development; and (iii) approaches to learning; (C) safe sleep practices and sudden infant death syndrome; (D) recognizing when a child is ill and prevention and control of infectious diseases, including immunizations; (E) prevention of and response to emergencies due to food and allergic reactions; (F) building and premises safety, including identification of and protection from hazards that could cause bodily injury, including electrical hazards, bodies of water, and vehicular traffic; (G) emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event, including violence at a facility; (H) handling and storage of hazardous materials and the appropriate disposal of bio-contaminants, including blood and other bodily fluids or waste; (I) precautions when transporting children, if transportation is provided; and (J) medication administration training.'

CORRECTION: the prior entry described 'KDHE-approved Health & Safety training covering the 9 statutory subject areas' and then listed medication administration training separately as a third requirement citing '28-4-114a(d)'. As amended August 2, 2024 there are TEN lettered subject areas, (A) through (J), and MEDICATION ADMINISTRATION IS SUBJECT AREA (J) INSIDE THE HEALTH AND SAFETY TRAINING - it is not a free-standing subsection. K.A.R. 28-4-114a(d) is now 'Annual professional development training requirements', not medication administration. The prior entry's citation therefore points at the wrong rule. The operational requirement, however, survives elsewhere and is real: K.A.R. 28-4-132(i)(1) 'Each individual caring for children shall complete medication administration training before administering any medication to any child, as specified in K.A.R. 28-4-114a and K.A.R. 28-4-428a.' HEALTH AND SAFETY TRAINING IS A ONE-TIME, PORTABLE REQUIREMENT. KOEC form CCL 208, 'Family Child Care Home / Guidelines for Orientation and Professional Development Training' (Rev. 07/2025): 'NOTE: Health and safety training is a one-time requirement.

If a provider changes employment to a different licensed facility, the training documentation is transferrable and is not required to be completed again.' WHAT COUNTS AS 'APPROVED BY THE SECRETARY' FOR THE HEALTH AND SAFETY BLOCK. CCL 208 enumerates: '1. Training approved by KDHE or CAPE; 2. Training provided by: a. Kansas Child Care Trainings Opportunities (KCCTO); b. any Kansas licensed child care resource and referral agency; 3. College coursework/academic credit (1 credit hour = to 15 clock hours); 4. Trainings/courses related to child care that issue Continuing Education Units (1 CEU = 10 clock hours).'

The 'CAPE' reference is the new centralised registry: per KOEC's Child Care Licensing page, 'Child Care Licensing will no longer independently approve trainings ... the Career and Professional Empowerment Portal (CAPE) ... is the Kansas Early Childhood Professional Development Workforce Registry.' (3) PEDIATRIC FIRST AID AND PEDIATRIC CPR - WITH A PRACTICAL COMPONENT, IN FRONT OF A CERTIFIED INSTRUCTOR. K.A.R. 28-4-114a(c): 'Each applicant, each applicant with a temporary permit, each licensee, and each provider shall obtain certification in pediatric first aid and pediatric CPR as specified in this subsection. (1) Certifications shall include a practical application component and be demonstrated in front of an instructor certified by a nationally recognized first aid and CPR training organization. (2) Each applicant and each applicant with a temporary permit shall obtain the certifications not later than 30 calendar days after submitting an application for a license. (3) Each provider shall obtain the certifications before the date of employment or not later than 30 calendar days after the date of employment. (4) Each individual required to obtain the certifications shall maintain current certifications. (5) Each applicant with a temporary permit and each licensee shall ensure that at least one provider who has current certification in pediatric first aid and current certification in pediatric CPR is present at all times.'

Paragraph (1) rules out purely online certification - the skills check must be witnessed. Paragraph (5) is a continuous staffing condition, not an onboarding one. (4) ADULT HEALTH: A HEALTH STATUS FORM PLUS A TUBERCULOSIS TEST. K.A.R. 28-4-126(b): 'Each individual at least 16 years of age who is caring for children shall attest to that individual's health status on a form supplied by the department or approved by the secretary. (1) The health status form shall indicate if the individual has been exposed to an active case of tuberculosis or has been diagnosed with suspected or confirmed active tuberculosis. (2) Each individual shall update the health status form annually or more often if there is a change in the health status or if the individual has been exposed to an active case of tuberculosis.' K.A.R. 28-4-126(c)(1): 'Each individual at least 16 years of age who is living, working, or regularly volunteering in the facility shall have a record of a negative tuberculosis test or x-ray obtained not more than two years before the date of employment or initial application for a license or not later than 30 days after the date of employment or initial application.' K.A.R. 28-4-126(c)(2): 'Compliance with the tuberculosis prevention and control program of the department shall be required following each exposure to active tuberculosis disease.'

The form is CCL 357, 'Health Status Form'. CORRECTION: the prior entry said 'each provider must have a health assessment and negative TB test (K.A.R. 28-4-126).' The August 2, 2024 text does NOT require a physician-conducted health assessment for a family child care home provider - it requires a self-attested HEALTH STATUS FORM plus the TB record. A physician/PA/nurse-conducted health assessment is required only for residents 16+ in a residential center or group boarding home: K.A.R. 28-4-126(e) 'In addition to meeting the requirements in K.A.R. 28-4-126(c) and (d), each resident 16 years or older in a residential center or group boarding home shall have a health assessment conducted by a licensed physician, a physician assistant, or by a nurse trained to perform health assessments.' A home provider who books a physical thinking the rule demands one is buying something Kansas does not ask for. (Children, separately, DO need a health assessment - K.A.R. 28-4-117(a)(1), on form CCL 029a.) Note also the standing fitness rule at K.A.R. 28-4-126(a)(1): each individual caring for children 'shall be free from any physical, mental, or emotional conditions that prevent the individual's ability to protect the health, safety, and welfare of the children, shall be qualified by temperament and emotional maturity, demonstrate an understanding of children, and shall act with sound judgment', and 28-4-126(a)(2): 'No individual in contact with children shall be in a state of impaired ability due to the use of alcohol, prescription or nonprescription drugs, or other substances.'

DOCUMENTATION. K.A.R. 28-4-114a(e): 'Documentation of all orientation, training, and certifications for each individual shall be kept in that individual's file in the facility.' K.A.R. 28-4-126(d): 'The health status form and each tuberculosis test shall be recorded on forms provided by the department and shall be kept in each individual's record at the facility.' KOEC's CCL 210, 'Organizing Business Records and Staff Trainings', is the agency's own filing template. A STANDING POLICY EXCEPTION TO KNOW ABOUT: KOEC publishes a 'Policy Exception TB Test Documentation (PDF)' and a 'TASN Training Exception (PDF)' among the Family Child Care Home regulation policy exceptions - agency-wide standing relaxations that a provider may rely on without filing CCL 031. Their contents were not read for this entry; see verify_flag.

Ongoing (annual) training

10 CLOCK-HOURS PER LICENSURE YEAR - NOT 16. This is the second-largest correction in this entry, and it is the textbook case of the codified regulation being the thing that lies. WHAT THE STATUTE SAYS, AND IT IS THE NEWER TEXT. K.S.A. 65-538(a)(1) (2025 HB 2045, New Sec. 2(a)(1), L. 2025, ch. 118, sec. 2, effective July 1, 2025): 'For each licensure year beginning after July 1, 2025, each person who provides care to children in a licensed child care home shall complete professional development training in an amount determined by the secretary of health and environment of up to 10 clock hours per licensure year.' The words are 'UP TO 10' - a statutory CEILING on what the agency may demand. K.S.A. 65-538(a)(2): 'Such training shall consist of a minimum of eight hours of training specified by the secretary.' K.S.A. 65-538(a)(3): 'As part of the professional development training required under this subsection: (A) Each person who provides care to children in a licensed child care home shall submit to the secretary proof of completion of up to four hours of such outside training in child care or any related subject.

The secretary shall retain records of such person's compliance with this requirement; and (B) a person who maintains a licensed child care home with one provider, if such provider provides care simultaneously to four infants at any time during the licensure year, shall submit to the secretary proof of completion of at least three hours of such professional development training in an infant-specific subject. The secretary shall retain records of such person's compliance with this requirement.' K.S.A. 65-538(d): 'On and after July 1, 2026, this section shall be administered by the director of early childhood.' 'Infant' for that three-hour trigger is defined at K.S.A. 75-7708(a)(8) as 'a child who is between two weeks and 12 months of age or a child older than 12 months who has not yet learned to walk.' WHAT THE AGENCY'S OWN CURRENT FORM SAYS. KOEC form CCL 208, 'Family Child Care Home / Guidelines for Orientation and Professional Development Training', Rev. 07/2025, served from koec.ks.gov as of 2026-08-25, under the heading 'Annual Training / KAR 28-114a(d)': 'In each licensure year, each provider shall complete 10 clock-hours of professional development training.

Four of the 10 clock-hours shall include the subject areas specified in paragraphs KAR 28-4-114a(b)(3)(A), (b)(3)(C) through (J), or subsection (c).' Ten. From the licensor. On its live forms page. WHAT THE CODIFIED REGULATION STILL SAYS. K.A.R. 28-4-114a(d)(2), as adopted effective August 2, 2024 and printed in the Kansas Register Vol. 43, No. 29 (July 18, 2024) at p. 1085: '(2) In each licensure year, each provider shall complete 16 clock-hours of professional development training. Four of the 16 clock-hours shall include the subject areas specified in paragraphs (b)(3)(A), (b)(3)(C) through (J), or subsection (c).' SIXTEEN. And that same sixteen is still printed, verbatim, in the compiled 'Family Child Care Home Regulations Book' (76 pp., 'AUGUST 2024') that KOEC itself links from its Regulations page. So on 2026-08-25 the agency is simultaneously serving a form that says ten and a regulation book that says sixteen. HOW TO RESOLVE IT, AND WHY. The statute is later in time (July 1, 2025 vs August 2, 2024), it is a statute rather than a regulation, and it is a ceiling phrased as a limit on the agency ('of up to 10 clock hours'). A regulation demanding 16 cannot survive a statute capping the demand at 10. The agency has already conformed its instruction to the statute in CCL 208. And the amendment to conform the regulation is formally under way: the Kansas Register, Vol. 45, Issue 20, May 14, 2026, Doc.

No. 054173, sets a hearing for July 13, 2026 on amendments to K.A.R. 28-4-114a among others, and its economic-impact statement quantifies exactly this change - '$360,000 from reducing required training hours (from 16 to 10 hours annually)'. PUBLISH TEN. Flag sixteen as the un-amended regulatory text and note that a provider who trains to sixteen is over-complying rather than violating. WHAT THE TEN HOURS MUST CONTAIN. Per CCL 208 and K.A.R. 28-4-114a(d)(2) as adjusted, four of the ten must fall in the health-and-safety subject areas at K.A.R. 28-4-114a(b)(3)(A) [child abuse/neglect recognition, prevention of maltreatment, shaken baby syndrome and abusive head trauma, reporting] and (b)(3)(C) through (J) [safe sleep and SIDS; recognizing illness and infectious disease control including immunizations; food and allergic-reaction emergencies; building and premises safety; emergency preparedness and response planning; hazardous materials and bio-contaminant handling and disposal; transportation precautions; medication administration], OR in subsection (c) [pediatric first aid and pediatric CPR].

Note that (b)(3)(B) - basic child development - is deliberately EXCLUDED from the four-hour core: general child-development coursework counts toward the ten, not toward the four. Layered on top, from statute: at least eight of the ten must be 'training specified by the secretary' (K.S.A. 65-538(a)(2)); up to four hours may be 'outside training in child care or any related subject' with proof submitted to the agency (K.S.A. 65-538(a)(3)(A)); and a one-provider home that cares for four infants simultaneously at any point in the year owes at least three hours in an infant-specific subject (K.S.A. 65-538(a)(3)(B)). WHO OWES THE HOURS. 'Each provider' - which under K.A.R. 28-4-113(c) means the primary care provider, any individual at least 16 working in the facility, and any substitute. Not just the licensee. The prior entry said the 16 hours applied 'for the primary care provider'; the regulation says each provider. WHAT COUNTS. CCL 208's list for annual training is broader than for health-and-safety training: '1. Training approved by KDHE or CAPE; 2. Training provided by a. the local licensing specialist; b. any Kansas licensed child care resource and referral agency; c.

Kansas Child Care Trainings Opportunities (KCCTO); d. Kansas Child and Adult Care Food Program (CACFP); 3. College coursework/academic credit (1 credit hour = 15 clock hours); 4. Trainings/courses related to child care that issue Continuing Education Units (1 CEU = 10 clock hours); 5. Training obtained from attendance at a nationally recognized early childhood professional development event (such as NAFCC or NAEYC).' Plus a self-report allowance: 'NOTE: Up to 2 clock hours for professional development through such events as peer mentoring, community coalition attendance, regional business, or leadership development event, etc. (self-reported).' Approval now runs through CAPE (yourcape.org) rather than through the licensing specialist - KOEC: 'Child Care Licensing will no longer independently approve trainings.' DEFINITION OF THE MEASURING YEAR. K.A.R. 28-4-114a(d)(1): 'For purposes of this subsection, "licensure year" shall mean the period beginning on the effective date and ending on the expiration date of a license.' Identical in statute at K.S.A. 75-7708(a)(10). It is the licence anniversary, not the calendar year.

HISTORY, BECAUSE THE PRIOR ENTRY GOT IT PARTLY RIGHT. The prior entry stated the figure was 'phased up from 5 hours in 2017-18 and 12 hours in 2019' and cited 'K.A.R. 28-4-114a(e)(2)(D)'. The phase-in narrative is plausible against the regulation's amendment history ('effective Feb. 3, 2012; amended May 12, 2017; amended Aug. 2, 2024') but I did not read the 2017 text, so I do not publish the 5/12 figures as fact - see verify_flag. The subsection citation is in any case dead: after August 2, 2024 the annual-training rule is at 28-4-114a(d), and subsection (e) is 'Documentation'.

Background checks

REQUIRED, LAYERED, AND BLOCKING - NOBODY WORKS, VOLUNTEERS OR LIVES IN THE HOME UNTIL THE RESULT CLEARS. The regulation is K.A.R. 28-4-125, 'Background checks', effective June 7, 2018 (adopted via Kansas Register Vol. 37, No. 20A, May 23, 2018). It was NOT amended on August 2, 2024 and is NOT on the July 13, 2026 hearing docket, so the 2018 text is the current text. The statute behind it, for day care facilities from July 1, 2026, is K.S.A. 75-7719 (2025 HB 2045, New Sec. 27); the older parallel provision K.S.A. 65-516 still governs 'child care facilities' that are not day care facilities and is the section KOEC's own public materials still cite. THE FULL TEXT OF K.A.R. 28-4-125, verbatim from the compiled Family Child Care Home Regulations Book served by KOEC: 'Each applicant, applicant with a temporary permit, and licensee shall meet the following requirements: (a) Submit to the department the identifying information necessary to complete background checks for each individual who works or regularly volunteers in the facility, each individual at least 10 years of age who resides in the facility, and any other individual in the facility whose activities involve either supervised or unsupervised access to children.

The identifying information shall be submitted as follows: (1) When submitting an application for a license; (2) when submitting an application to renew a license; and (3) before allowing any individual to work, regularly volunteer, or reside in the facility and before allowing any individual whose activities involve either supervised or unsupervised access to children to be in the facility; (b) ensure that fingerprint-based background checks are completed for each of the following: (1) The applicant; (2) the applicant with a temporary permit; (3) the licensee; (4) each provider in a day care home or group day care home; (5) each individual at least 18 years of age who resides in a day care home or group day care home; (6) each employee in a preschool or child care center; (7) each volunteer counted in the staff-child ratio; and (8) any other individual regularly in the facility if the individual's activities involve unsupervised access to children; (c) ensure that the information submitted for each individual specified in subsection (b) includes the required information for background checks from each state of residence throughout the five-year period before allowing the individual to work, regularly volunteer, or reside in the facility;

(d) ensure that name-based background checks by the Kansas bureau of investigation and the Kansas department for children and families are completed for each of the following: (1) Each individual at least 10 years of age who resides in a day care home or group day care home; (2) each volunteer who is not counted in the staff-child ratio and whose activities do not involve unsupervised access to children; (3) each student of an accredited secondary or postsecondary school who is at least 16 years of age and who is participating in an educational experience arranged by the school, if the student is not counted in the staff-child ratio and does not have unsupervised access to children; and (4) any other individual regularly in the facility whose activities do not involve unsupervised access to children; and (e) ensure that no individual works, regularly volunteers, or resides in the facility until the results of the individual's background checks verify that the individual is not prohibited from working, regularly volunteering, or residing in a facility pursuant to K.S.A. 65-516, and amendments thereto.'

Authority line: '(Authorized by K.S.A. 2017 Supp. 65-508; implementing K.S.A. 2017 Supp. 65-508 and 65-516; effective, T-86-46, Dec. 18, 1985; effective May 1, 1986; amended Feb. 26, 1990; amended [Kansas Register Volume 37, No. 20A]; effective 6/7/2018.)' THE TWO AGE THRESHOLDS, WHICH ARE THE PART PEOPLE GET WRONG. TEN is the age at which a RESIDENT enters the system at all - at ten a household member gets a name-based KBI and DCF child-abuse-and-neglect-registry check. EIGHTEEN is the age at which a RESIDENT escalates to a fingerprint-based check. So a fourteen-year-old living in the home is checked but not fingerprinted; the day they turn eighteen they must be. Separately, ANY provider is fingerprinted regardless of age, because 28-4-125(b)(4) says 'each provider in a day care home or group day care home' without an age qualifier - and 'provider' includes a sixteen-year-old working in the facility (K.A.R. 28-4-113(c)(2)). The prior entry described this correctly in substance and is CONFIRMED on this point. THE FIVE-YEAR RESIDENCE HISTORY RULE, AND THE OUT-OF-STATE TRAP. K.A.R. 28-4-125(c) requires the submission to include 'the required information for background checks from each state of residence throughout the five-year period' BEFORE the person starts.

KOEC's live background-check page operationalises it: 'Any individual who has lived in another state within the last 5 years and who has a role requiring a comprehensive background check is required to have an out-of-state background check' and 'If you currently live or have lived in a state other than Kansas within the last 5 years, additional information from the facility is required to comply with federal requirements.' KOEC publishes 'Out-of-State Forms & Instructions' and an 'Out-of-State Background Check Requirements (PDF)'. Also: 'A "Cleared" status will not be issued until all background checks are completed and fingerprint results are released by KBI. This includes any out-of-state background checks.' An applicant who moved to Kansas within five years should expect this to be the long pole in their timeline. RE-FINGERPRINTING EVERY FIVE YEARS - A RECURRING OBLIGATION THE PRIOR ENTRY DID NOT MENTION. KOEC background-check page, heading 'Mandated Re-Fingerprinting': 'Both Federal and State law (KSA 65-516) requires a comprehensive background check for each individual residing, working, or regularly volunteering in a licensed child care facility.

Fingerprint-based checks must be completed every five years, and 2024 was the renewal year.' KOEC publishes a 'Five Year Fingerprinting Letter to Providers (PDF)'. Notification is by e-mail from the agency's CLARIS system: 'The Kansas Office of Early Childhood (KOEC) Child Care Licensing (CCL) team will provide email notification when it's your time to get fingerprinted.' THE FEE: $48 PER PERSON PER FINGERPRINT-BASED CHECK - WAIVED, THEN REINSTATED. K.A.R. 28-4-95, 'Fee for fingerprint-based background checks', effective November 26, 2018 (Kansas Register Vol. 37, No. 45): 'Each applicant, applicant with a temporary permit, and licensee shall submit a nonrefundable fee of $48 to the department for the cost of each required fingerprint-based background check, as follows: (a) For each day care home, group day care home, child care center, and preschool, each individual specified in K.A.R. 28-4-125; (b) for each school-age program, each individual specified in K.A.R. 28-4-584; and (c) for each drop-in program, each individual specified in K.A.R. 28-4-705.' The prior entry gave the $48 figure and cited it to 'K.A.R. 28-4-95' - CONFIRMED as to amount, though the prior entry's inline citation to that fee inside the background-check paragraph did not flag that the fee had been suspended and restored.

KOEC's 'Fees' notice, read 2026-08-25: 'Background Check Fees Reinstated - As communicated to licensed providers on December 3, 2025, KOEC has resumed charging $48 for the cost of comprehensive background check fees. These fees were temporarily waived due to the availability of federal funds. Those funds expired on January 1, 2026.' WHICH FAMILY-CHILD-CARE-HOME ROLES ARE CHARGED, PER KOEC'S OWN TABLE. Charged $48 ('Comprehensive - Fingerprint Background check required'): 'Employee Unspecified, Owner/Operator, Individual, Primary Care Provider, Resident and Employee, Resident 18 years and older, Resource Specialist Unsupervised, Substitute, Volunteer Unsupervised'. NOT charged ('Fee not currently assessed'): 'Intern/Student Observer, Resident 10 through 17 years, Volunteer Supervised, Resource Specialist Supervised'. That table is the cleanest available statement of which household members and helpers get which tier of check. HOW THE FINGERPRINTS ACTUALLY GET TAKEN - THE MECHANICAL DETAIL. Step 1, a waiver: KOEC offers a digital waiver ('The digital option is fast and secure. Upon completion, your fingerprint waiver will be automatically sent to KOEC, and a copy will be emailed to you') hosted on ArcGIS Survey123, or a 'Paper Fingerprint Waiver (PDF)' - form CCL 601, 'Fingerprint Waiver and FBI Privacy Form' - to be mailed to 'KOEC Child Care Licensing, 915 SW Harrison St, Suite 320, Topeka, KS 66612', e-mailed, or faxed to 785-559-4244. Step 2, find a KBI-authorized location; KOEC notes 'The Child Care Licensing team offers free fingerprinting at events across the state.'

Step 3, either LiveScan digital capture (transmitted electronically to KBI, or printed to a card that the applicant mails in) or an ink card obtained 'from your local licensing surveyor (PDF) or your facility's administrator' - and note the warning: 'Return envelopes are no longer available from your surveyor or Child Care Licensing. Please make sure to return the fingerprint card in an envelope large enough so the card is not bent or folded. Any bent or folded card received by Child Care Licensing will not be accepted and you will be notified that you will need to get fingerprinted again.' Step 4, at the appointment, bring: 'Government-issued photo ID; KOEC OCA# assigned (unique to the person); Required KBI Information form (PDF) with KOEC OCA# written on the form (form only required at Law Enforcement locations); and KOEC Child Care Licensing Originating Identifier (ORI) code KS920100Z. This code is required at all fingerprinting locations to ensure the KBI sends the results to KOEC CCL.' Initial applicants get a priority path: 'To flag your fingerprints as a priority to process, please view the Fingerprint Instructions (PDF).'

WHAT DISQUALIFIES. K.S.A. 75-7719(a): 'No person shall knowingly maintain a day care facility if an employee in this state or in other states or the federal government: (1)(A) Has been convicted of a crime that is classified as a person felony under the Kansas criminal code; (B) has been convicted of a felony under K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 ... or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009; (C) has been convicted of any act that is described in articles 34, 35 or 36 of chapter 21 ... prior to their repeal, or article 54, 55 or 56 of chapter 21 ... or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424 ... or been convicted of an attempt ... or conspiracy ... to commit such act, or similar statutes of any other state or the federal government; (D) has been convicted of any act that is described in K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401 ...; or (E) has been convicted of any act that is described in K.S.A. 21-3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812 ...;

(2) ... has been adjudicated a juvenile offender because of having committed an act which, if committed by an adult, would constitute the commission of a felony and that is a crime against persons [etc.]; (3) has been convicted or adjudicated of a crime that requires registration as a sex offender under the Kansas offender registration act, K.S.A. 22-4901 et seq., ... as a sex offender in any other state or on the national sex offender registry; (4) has committed an act of physical, mental or emotional abuse or neglect or sexual abuse and is listed in the child abuse and neglect registry maintained by the Kansas department for children and families pursuant to K.S.A. 38-2226 ... or any similar child abuse and neglect registries maintained by any other state or the federal government and: (A) Has failed to successfully complete a corrective action plan that has been deemed appropriate and approved by the Kansas department for children and families ...; or (B) such person's record has not been expunged; (5) has had a child removed from the home based on a court order pursuant to K.S.A. 38-2251 ... and the child has not been returned to the home ... and such person has failed to satisfactorily complete a corrective action plan ...;

(6) has had parental rights terminated pursuant to the revised Kansas code for care of children, or a similar statute of other states; (7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et seq. ... or an immediate intervention agreement pursuant to K.S.A. 38-2346 ... involving a charge of child abuse or a sexual offense; or (8) has an infectious or contagious disease.'

Note (8): a communicable disease is a statutory disqualifier, which is why the K.A.R. 28-4-126 health status form and TB record sit next to the criminal check rather than in a separate silo. TWO GUARDIANSHIP RULES. K.S.A. 75-7719(b): 'Notwithstanding the provisions in subsection (a), no person shall maintain a day care facility if such person has been found to be a person in need of a guardian or a conservator, or both, as provided in K.S.A. 59-3050 through 59-3095.' K.S.A. 75-7719(c): 'Any person who resides in a day care facility and who has been found to be in need of a guardian or a conservator, or both, shall be counted in the total number of children allowed in care.' 'EMPLOYEE' IS DEFINED FAR MORE BROADLY THAN THE WORD SUGGESTS. K.S.A. 75-7708(a)(7): '"Employee" means a person working, regularly volunteering or residing in a day care facility.' A live-in relative is an 'employee' for disqualification purposes. 'Regularly volunteering' is itself defined at K.A.R. 28-4-122(b)(12): 'working in a facility without compensation on a recurring basis. This term shall not apply to guest speakers or to individuals who make one or more presentations on a specific subject.'

And 'volunteer' at K.A.R. 28-4-122(b)(19): 'an individual 14 years of age or older who is working in the facility without compensation.' AGENCY ACCESS AND PROCESS RIGHTS. K.S.A. 75-7719(d) gives the director access to 'any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information, including, but not limited to, diversion agreements in the possession of the Kansas bureau of investigation and any report of investigations as authorized by K.S.A. 38-2226'. K.S.A. 75-7719(e): 'the director is authorized to conduct national criminal history record checks ...

In order to conduct a national criminal history check, the director shall require fingerprinting for identification and determination of criminal history in accordance with K.S.A. 22-4714.' K.S.A. 75-7719(h): 'The director shall notify the day care applicant or licensee within seven days by certified mail, with return receipt requested, when the result of the national criminal history record check or other appropriate review reveals unfitness specified in subsection (a)(1) through (a)(8) of the person who is the subject of the review.' K.S.A. 75-7719(i): 'No day care facility or the employees thereof shall be liable for civil damages to any person who is refused employment or discharged from employment by reason of such facility's compliance with this section, if such facility acts in good faith to comply with this section.' K.S.A. 75-7719(j) protects the registry-listed person: they may not be barred 'unless such person has: (1) Had an opportunity to be interviewed and present information during the investigation of the alleged act of abuse or neglect; and (2) been given notice of the agency decision and an opportunity to appeal such decision to the director and to the courts pursuant to the Kansas judicial review act.' A new dedicated fund pays for the checks: K.S.A. 75-7719(g), 'The day care criminal background and fingerprinting fund is hereby created in the state treasury to be administered by the director of the Kansas office of early childhood.'

THE FORMS. CCL 002, 'Background and Registry Checks for Child Care Facilities'; CCL 002a, 'Affiliate Roles for Family Child Care Home' (this is the sheet that tells you which of your household members and helpers falls into which role, and therefore which tier of check and whether the $48 applies); CCL 601, 'Fingerprint Waiver and FBI Privacy Form'. KOEC also publishes a 'common prohibited offenses (PDF)' explainer and warns: 'By submitting the names of your affiliates to Child Care Licensing, you are attesting to the fact that you are not knowingly maintaining a child care facility if there resides, works, or regularly volunteers any person who is prohibited pursuant to K.S.A. 65-516.'

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

  1. STEP 0 - CONFIRM YOU ACTUALLY NEED A LICENCE, AND THAT YOU MAY HOLD ONE. Kansas exempts a narrow band of home care from licensure and the band is now statutory: K.S.A. 65-538(b) directs that rules 'not require licensure for an individual who provides care for less than 35 hours, unless otherwise increased by the secretary, to four or fewer children, not more than two of whom may be infants who are not related to the individual by blood, marriage or legal adoption, nor to individuals who provide care for children in such child's own home or when care is arranged between friends and neighbors on an irregular basis.' KOEC's 'Types of Licensed Care' page restates it as four bullets under 'Unregulated Care'. If you are outside that band you need a licence, and licensure attaches regardless of motive or payment - KOEC form CCL 008 (Rev. 10/2025): 'Licensure is required regardless of the motivation for providing care as well as whether or not there is advertisement of or payment for services. The essential fact is that a child or children receive care away from their parents and their own homes.' Eligibility: at least 18 (K.A.R. 28-4-114(b)(1)); high school graduate or equivalent (K.S.A. 75-7719(k)); not working more than 18 hours in any 24-hour period across child care plus other employment (K.A.R. 28-4-114(b)(2)); not engaged in business or social activities that interfere with care (K.A.R. 28-4-114(b)(3)); not disqualified under K.S.A. 75-7719(a)-(b).
  2. STEP 1 - DECIDE THE LICENCE TYPE, AND KNOW THAT 'FAMILY CHILD CARE HOME' NOW COVERS COMMERCIAL PREMISES TOO. KOEC's Step 1: 'Regulated care includes home care, center or school age programs. Understanding what type of care you want to offer is your first step in this journey!' A family child care home is capped at 12 children under 16 (K.A.R. 28-4-113(i)); at 13 or more you are in child-care-center territory, and CCL 008 warns that a program with fewer than 13 children may still have to be licensed as a centre 'if the program and building meet child care center regulations'. Since K.S.A. 65-540(a) - 'The secretary of health and environment shall not require as a condition of licensure for a child care home that the licensee live in the child care home' - a family child care home may be licensed in a non-residential building; that path uses the separate checklist CCL 201b and, per KOEC, means the initial survey happens BEFORE any children are in care.
  3. STEP 2 - ATTEND ORIENTATION WITH YOUR LOCAL LICENSING SPECIALIST, BEFORE YOU APPLY. K.A.R. 28-4-114a(a)(1): 'Each person shall, before applying for a license, complete an orientation program on the requirements for operating a facility, provided by the secretary's designee that serves the county in which the facility will be located.' KOEC: 'Orientation is conducted by the local licensing surveyor ... Contact your Local Licensing Specialist (PDF) to schedule your orientation. Do not apply for a license until you have attended a required orientation.' Topics per KOEC: licensing regulations, emergency procedures, behavior management and discipline practices, schedule of daily activities, importance of outdoor play, health and safety practices (safe sleep, storage of hazardous materials), confidentiality/child records, required health and safety training topics, required pediatric CPR and first aid. Record completion on CCL 400, 'Family Child Care Home Orientation Checklist'. While you are here, do KOEC's parallel homework: 'If applicable, contact your Home Owner's Association (HOA) or city or county building codes office to verify that you can open a licensed facility in your desired location.'
  4. STEP 3 - SUBMIT THE APPLICATION TO KOEC, ONLINE OR ON PAPER, AND SEND NO LICENCE FEE. K.A.R. 28-4-114(a)(1): 'Any person desiring to operate a facility shall apply for a license on forms provided by the department.' The forms are CCL 201, 'Application for New Family Child Care Home' (which expressly 'includes commercial settings'), with CCL 201a as the completion instructions and CCL 201b as the checklist for a non-residential or commercial building. KOEC: 'Create an account and submit an application online or submit a paper application.' Submit early - KOEC's bulletin: 'a reminder that applications for summer and fall programs should be submitted at least 90 days prior to your anticipated opening date.' ON FEES: K.S.A. 75-7710(a)(2) provides that 'for any day care facility subject to this act, there shall be no annual fee for a license to conduct a day care facility,' and KOEC states flatly 'There is no longer a state licensing fee. Local fees may also apply.' K.A.R. 28-4-92(d)(1) still prints '$75 plus $1 times the maximum number of children to be authorized under the license' for a day care home or group day care home; that regulation is on the July 13, 2026 amendment docket and is superseded by the statute. Do not send the $75. Late renewal, however, still carries a penalty: K.S.A. 75-7710(c), 'a late fee in an amount of $75 or an amount equal to the fee for the renewal of a license, whichever is greater'; and an amended licence may carry a fee 'not to exceed $35' (K.S.A. 75-7710(d)).
  5. STEP 4 - SUBMIT BACKGROUND-CHECK INFORMATION FOR EVERY ADULT AND EVERY RESIDENT AGED 10 OR OVER, AND WAIT FOR 'CLEARED'. K.A.R. 28-4-125(a) requires the identifying information at application, at renewal, and before any new person works, volunteers or moves in. Fingerprint-based checks for you, any provider, and every resident aged 18 or over (28-4-125(b)); name-based KBI + DCF child-abuse-and-neglect-registry checks for every resident aged 10 or over and for supervised volunteers and school-placed students 16+ without unsupervised access (28-4-125(d)). Five years of residence history is required for anyone in the fingerprint tier (28-4-125(c)), and KOEC will not issue a 'Cleared' status until out-of-state results are in. File CCL 002 and CCL 002a to declare roles, and CCL 601 (or the digital Survey123 waiver) for fingerprints; take a government photo ID, your KOEC OCA number and ORI code KS920100Z to the fingerprint site. Budget $48 per fingerprinted person - reinstated by KOEC effective January 1, 2026 after a federally-funded waiver expired. The hard stop is K.A.R. 28-4-125(e): no individual works, regularly volunteers or resides in the facility until the results verify that they are not prohibited.
  6. STEP 5 - COMPLETE HEALTH AND SAFETY TRAINING, PEDIATRIC FIRST AID AND PEDIATRIC CPR WITHIN 30 CALENDAR DAYS OF APPLYING. K.A.R. 28-4-114a(b)(1): the applicant 'shall complete the training not later than 30 calendar days after submitting an application for a license'; the ten subject areas run from recognising abuse and neglect through to medication administration at (b)(3)(J). K.A.R. 28-4-114a(c)(2): certifications in pediatric first aid and pediatric CPR 'not later than 30 calendar days after submitting an application', and per (c)(1) they 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' - a purely online card will not do. Approved training now routes through the CAPE registry at yourcape.org (KOEC: 'Child Care Licensing will no longer independently approve trainings'), or through KCCTO, a Kansas licensed child care resource and referral agency, college credit (1 credit hour = 15 clock hours) or CEUs (1 CEU = 10 clock hours), per CCL 208.
  7. STEP 6 - CLEAR THE ADULT HEALTH REQUIREMENTS FOR EVERYONE 16 AND OVER IN THE HOME. File a health status attestation on CCL 357 for each individual at least 16 who cares for children (K.A.R. 28-4-126(b)), updated annually or on any change or TB exposure. Obtain a record of a negative tuberculosis test or x-ray for each individual at least 16 'living, working, or regularly volunteering in the facility', dated not more than two years before the date of employment or initial application, or obtained not later than 30 days after (K.A.R. 28-4-126(c)(1)). Note: a family child care home provider does NOT need a physician-conducted health assessment - that requirement (K.A.R. 28-4-126(e)) applies to residential centers and group boarding homes.
  8. STEP 7 - GET THE PREMISES FIRE-APPROVED AND PHYSICALLY READY. K.A.R. 28-4-115(d): 'Each facility shall be approved for fire safety by a fire inspector' - defined at 28-4-113(j) as 'a person approved by the state fire marshal to conduct fire safety inspections'. K.A.R. 28-4-115(e): any basement or second floor used for child care must be fire-approved before use; 'A third floor shall not be used for child care.' KOEC routes fire questions to the Kansas State Fire Marshal (firemarshal.ks.gov, 785-296-3401) and references a 'Fire and Life Safety Agreement'. Physical minimums to have in place before the surveyor arrives, from K.A.R. 28-4-115(c): 25 square feet of available play space per child; 'a 2A 10B:C fire extinguisher'; 'a working smoke detector on each level of the facility'; walls in good condition; a mobile home skirted and anchored; premises 'uncluttered, visibly clean, and free from any evidence of vermin infestation'; covered trash; barriers on freestanding heating appliances and outside venting for combustible-fuel appliances; covered or inaccessible electrical outlets; stairways with more than two stairs railed; if any child under 2.5 is in care, baluster spacing not more than four inches, gated stairways with an adult-openable latch, no accordion gates and no pressure gate at the top of a stairway; a readily available second means of escape from the first floor; interior lockable doors openable from either side; play area held between 65 and 85 degrees Fahrenheit; no window covering strings or cords accessible to children; at least one bathroom with a working sink and flush toilet and readily accessible hand soap; and interior and exterior surfaces free from peeling, chipping, cracking, scaling and loose paint. Also required: locked or out-of-reach storage of household and cleaning supplies and alcohol-containing or warning-labelled body-care products (out of reach of children under six), medications (out of reach of children under 10, refrigerated medications 'in a locked box'), sharp instruments, and tobacco products, ashtrays, lighters and matches; and under K.A.R. 28-4-115(h) 'No child in care shall have access to weapons. All weapons shall be stored in a locked room, closet, container, or cabinet. Ammunition shall be kept in locked storage separate from other weapons.' A fire extinguisher is separately mandated by statute for a day care home: K.S.A. 75-7726(d), 'Each day care home shall be equipped with a fire extinguisher that shall be maintained in an operable condition in a readily accessible location.'
  9. STEP 8 - WRITE THE PAPER THAT MUST EXIST BEFORE THE FIRST CHILD ARRIVES. A written emergency plan covering fire, weather, missing or runaway child, chemical release, utility failure, intruder, act of terrorism, lockdown and unscheduled closing, with a designated shelter-in-place area, an off-premises relocation site and evacuation routes, plus procedures for special needs, allergic reactions, parent notification, reunification, continuity of records and staff task assignment (K.A.R. 28-4-128(a)(1)); it must be kept on file on the premises, reviewed with parents, followed by every staff member, reviewed at least annually, practised at least annually, and backed by MONTHLY fire drills and MONTHLY tornado drills with dated records kept one year (28-4-128(a)(2)-(6)). A written discipline policy 'indicating the methods of guidance appropriate for the ages of the children in care', with parents informed (K.A.R. 28-4-132(b)(3)). Child files containing parent contact details, authorised pick-up names, the medical record and written permissions (K.A.R. 28-4-117(h)). Records on KOEC forms: medical record CCL 029, child health assessment CCL 029a, emergency medical care authorisation CCL 010, medication authorisations CCL 026 and CCL 027, off-premises permissions CCL 034 / CCL 035, critical incident report CCL 028a, enrolment schedule CCL 205.
  10. STEP 9 - RECEIVE THE TEMPORARY PERMIT, THEN PASS THE INITIAL SURVEY. K.S.A. 75-7709(b): 'The director of the Kansas office of early childhood may issue a temporary permit to operate for a period of not to exceed 90 days upon receipt of an initial application for license. The director ... may extend the temporary permit to operate for an additional period of not to exceed 90 days if an applicant is not in full compliance with this act but has made efforts toward full compliance.' KOEC's Step 5 explains the sequencing difference that matters: 'Home programs in a residential setting where all background checks have been processed may receive a temporary permit from KOEC, This means you may start care. The licensing surveyor will call and schedule the first onsite visit for the initial survey ... In a commercial setting (non-residential), the initial survey will be conducted prior to children in care. A temporary permit may be issued after the survey process. Additional unannounced onsite visits called compliance checks may be needed to verify any violations noted at the first survey are corrected. A permanent license is issued when the facility is in full compliance.' The survey instrument is published: CCL 203, 'Family Child Care Homes Survey Instrument', with CCL 306b 'The Survey Process' and CCL 040 'Corrective Action Plan'. Statutory inspection right of entry: K.S.A. 75-7715(a). Correction clock after a written notice: five days (K.S.A. 75-7716(a)).
  11. STEP 10 - POST THE LICENCE, KEEP THE REGULATIONS ON SITE, AND START THE ANNUAL CYCLE. K.A.R. 28-4-114(k): 'Each applicant with a temporary permit and each licensee shall post any temporary permit or license conspicuously as required by K.S.A. 65-504 ... A copy of the current regulations governing facilities shall be kept on the premises and shall be available to all providers at all times.' The licence itself will carry a bold-print smoking prohibition (K.S.A. 75-7726(c)) and 'an expiration sticker stating the date of expiration' (K.S.A. 75-7709(a)). From there the recurring obligations are: annual professional development (10 clock hours per provider per licensure year - see annual_training_hours); annual renewal on CCL 202 with fresh background-check information (K.A.R. 28-4-125(a)(2)); annual health status update and TB rules (K.A.R. 28-4-126(b)(2)); annual emergency-plan review and practice plus monthly fire and tornado drills (K.A.R. 28-4-128(a)); a KOEC inspection at least once every 12 months (K.S.A. 75-7715(a)); five-yearly re-fingerprinting; and critical incident reporting to KOEC by the next working day on CCL 028a (K.A.R. 28-4-133(b)).

What you must post on your walls

  • THE LICENCE OR TEMPORARY PERMIT, CONSPICUOUSLY, ON THE PREMISES. K.A.R. 28-4-114(k): 'Posting of temporary permit or license and availability of regulations. Each applicant with a temporary permit and each licensee shall post any temporary permit or license conspicuously as required by K.S.A. 65-504, and amendments thereto.' The statutory command now applicable to a day care facility is K.S.A. 75-7709(a): 'The license shall be kept posted in a conspicuous place on such premises, where the business is conducted. A license granted to maintain a day care facility shall have on its face an expiration sticker stating the date of expiration of the license.'
  • THE BOLD-PRINT SMOKING PROHIBITION, WHICH IS PRINTED ON THE LICENCE ITSELF. K.S.A. 75-7726(c): 'Each day care license shall contain a statement in bold print that smoking is prohibited within a room, enclosed area or other enclosed space of the facility or facilities of the day care home under the conditions specified in subsection (b). The statement shall be phrased in substantially the same language as subsection (b). The license shall be posted in a conspicuous place in the facility or facilities.' Subsection (b) prohibits smoking indoors 'during a time when children who are not related by blood, marriage or legal adoption to the person who maintains the home are being cared for', while expressly not prohibiting smoking outdoors, 'including, but not limited to, porches, yards or garages.'
  • A CURRENT COPY OF THE REGULATIONS, ON SITE AND AVAILABLE TO EVERY PROVIDER AT ALL TIMES. K.A.R. 28-4-114(k), second sentence: 'A copy of the current regulations governing facilities shall be kept on the premises and shall be available to all providers at all times.' (Kept and available rather than posted, but it is an on-premises document obligation of the same family, and it is inspected.) KOEC serves the compiled 'Family Child Care Home Regulations Book' for this purpose.
  • EMERGENCY TELEPHONE NUMBERS, READILY ACCESSIBLE OR POSTED NEXT TO THE TELEPHONE. K.A.R. 28-4-127(a): 'Telephone. A working telephone shall be on the premises and available for use at all times. Emergency telephone numbers shall be readily accessible or be posted next to the telephone for the police, fire department, ambulance, hospital or hospitals, and poison control center.' Note the regulation's own alternative - 'readily accessible OR ... posted' - so a posted list is one compliant option rather than the only one. The prior entry stated this as a flat posting requirement; that is a slight over-statement of the rule as written.
  • DIAPERING PROCEDURES, POSTED IN EVERY DIAPER-CHANGING AREA. K.A.R. 28-4-132(g)(1)-(2): 'Each applicant, each applicant with a temporary permit, each licensee, and each individual caring for children shall follow the diapering procedures provided by the department. (2) A copy of the procedures shall be posted in each diaper-changing area.' The department-provided procedures are KOEC form CCL 025, 'Diapering of Children in Child Care' (Spanish version also published).
  • POOL SAFETY RULES, POSTED IN A CLEARLY VISIBLE LOCATION NEAR THE POOL. K.A.R. 28-4-129: 'Legible safety rules for the use of each pool shall be posted in a clearly visible location near the pool area.' 'Pool' is defined broadly at K.A.R. 28-4-122(b)(8): 'any fixture or structure designed or utilized to hold water for swimming, wading, recreation, exercise, therapeutics, bathing, or any other purpose', excluding indoor bathtubs and fully enclosed water-storage containers. KOEC publishes a standing 'Pool Policy Exception' and 'Pool Visual Guidance'.
  • VEHICLE SAFETY RULES, POSTED IN EACH VEHICLE (or given to each driver). K.A.R. 28-4-130(n): 'A copy of the requirements in subsection (m) shall be posted in each vehicle or given to each driver.' Subsection (m) is the ten-point transport rule: doors locked in motion; discipline maintained; all parts of each child's body inside the vehicle; no child entering or exiting into a lane of traffic; no child left unattended; the driver checking the vehicle when vacated; no tobacco product use while transporting; no cell phone or electronic device use by the driver in motion except hands-free navigation; applicable staff-child ratios maintained in the vehicle; and (for residential centers and group boarding homes) ratios for children under six.
  • WELL-CHILD HEALTH INFORMATION - POSTED CONSPICUOUSLY, OR GIVEN TO EACH PARENT AT ENROLMENT. K.A.R. 28-4-117(g): the licensee 'shall provide information to parents of children about the benefits of annual well-child health assessments for children under the age of six years and biennial health assessments for children six years of age and older ... This information shall be given on a form provided by the department to the parent when the child is enrolled or be posted in a conspicuous place, with copies of the form available to parents on request.' The department form is CCL 011, 'Well-Child Health Information'.
  • ANY GRANTED REGULATORY EXCEPTION, POSTED WITH THE LICENCE. K.A.R. 28-4-119b(b): 'Written notice from the Kansas department of health and environment stating the nature of the exception and its duration shall be posted with the license.' (Read 'department' as KOEC per K.S.A. 75-7705(a)(5).) Exceptions are requested on CCL 031.
  • NOT A POSTING, BUT AN ACCESS RIGHT THAT IS ROUTINELY MISFILED AS ONE - PARENTAL ACCESS. K.A.R. 28-4-123(a): 'Each parent and each legal guardian of a child enrolled in a facility shall have access to the premises during all hours of operation.' The prior entry listed this under required postings; nothing is posted. If video cameras are used, however, there IS a written-notice duty: K.A.R. 28-4-123(b)(1) 'The parent or legal guardian of each child in care shall be informed in writing that cameras are used in the facility,' and (b)(2) 'All staff members shall be informed if cameras are used.'
  • KEPT ON FILE ON THE PREMISES RATHER THAN POSTED - LISTED HERE BECAUSE SURVEYORS ASK FOR THEM AT THE DOOR: the written emergency plan (K.A.R. 28-4-128(a)(2)); dated records of monthly fire drills and monthly tornado drills, kept one year (28-4-128(a)(6)(A)-(B)); the annual shelter-in-place / relocation practice record (28-4-128(a)(5)); the written discipline policy, with parents informed (28-4-132(b)(3)); each individual's orientation, training and certification documentation (28-4-114a(e)); health status forms and TB records (28-4-126(d)); each child's file and medical record (28-4-117(h)); water-test results and well approval where a non-public water source is used (28-4-115(a)); and each critical incident report, kept 'on file at the facility for at least one year from the date of the critical incident' (28-4-133(b)).

Enrollment forms for each child

  • CCL 201 - 'Application for New Family Child Care Home' (KOEC notes it 'includes commercial settings'). The initial application. Regulatory hook: K.A.R. 28-4-114(a)(1), 'Any person desiring to operate a facility shall apply for a license on forms provided by the department.' Served at https://www.koec.ks.gov/home/showpublisheddocument/314/639098668759670000 . NOTE: KDHE's legacy library titled the equivalent document 'CCL 201 Application for a NEW LDCH and GDCH' (Rev. 06/2025) - 'LDCH/GDCH' meaning Licensed Day Care Home / Group Day Care Home. KOEC has retitled it to 'Family Child Care Home'. If you encounter the LDCH/GDCH wording you are looking at the pre-consolidation naming.
  • CCL 201a - 'Instructions for Completing the Application for a New Family Child Care Home'. https://www.koec.ks.gov/home/showpublisheddocument/316/639098668761700000
  • CCL 201b - 'Application Checklist for a Family Child Care Home In a Non-Residential or Commercial Building' (KOEC: 'excludes home settings'). The commercial-premises track opened by K.S.A. 65-540(a). https://www.koec.ks.gov/home/showpublisheddocument/318/639098668764070000
  • CCL 201c - 'Site Review and Program Consultation'. https://www.koec.ks.gov/home/showpublisheddocument/322/639098668768270000
  • CCL 202 - 'Renewal Application for a Family Child Care Home'. Renewal triggers a fresh background-check submission under K.A.R. 28-4-125(a)(2). https://www.koec.ks.gov/home/showpublisheddocument/320/639098668766330000
  • CCL 205 - 'Family Child Care Home Schedule of Enrollment'. The instrument on which the home's actual daily age mix is tested against the K.A.R. 28-4-114(e) maximum group size tables. https://www.koec.ks.gov/home/showpublisheddocument/324/639098668771970000
  • CCL 002 - 'Background and Registry Checks for Child Care Facilities'. The submission vehicle for K.A.R. 28-4-125(a) identifying information. https://www.koec.ks.gov/home/showpublisheddocument/328/639098689624200000
  • CCL 002a - 'Affiliate Roles for Family Child Care Home'. Maps each household member, employee, substitute and volunteer to a role, and therefore to the fingerprint tier vs the name-based tier and to whether the $48 fee applies. https://www.koec.ks.gov/home/showpublisheddocument/330/639098689626230000
  • CCL 601 - 'Fingerprint Waiver and FBI Privacy Form'. The paper alternative to KOEC's digital fingerprint waiver (hosted on ArcGIS Survey123). https://www.koec.ks.gov/home/showpublisheddocument/74/639098536966430000
  • CCL 031 - 'Request for Exception Application'. The route provided by K.A.R. 28-4-119b(a)(1) for an exception to a regulation; if granted, the written notice must be posted with the licence per 28-4-119b(b). https://www.koec.ks.gov/home/showpublisheddocument/234/639098610722830000
  • CCL 032 - 'Request for Licensing Amendment'. Used to change the licensed number of children or the premises described on the licence (K.S.A. 75-7709(a); amendment fee not to exceed $35 under K.S.A. 75-7710(d)). https://www.koec.ks.gov/home/showpublisheddocument/236/639098610724870000
  • CCL 303 - 'Closure Notification' (published in both printable PDF and digital form-centre versions). Backs K.A.R. 28-4-114(l): 'Any applicant with a temporary permit and any licensee may submit, at any time, a request to close the facility.' https://www.koec.ks.gov/home/showpublisheddocument/232/639098610719100000
  • CCL 039 - 'Request for Exception to Provide Foster Care Application', with a companion 'Provider Guidance for Family Foster Home Exceptions'. https://www.koec.ks.gov/home/showpublisheddocument/312/639098668757500000
  • CCL 400 - 'Family Child Care Home Orientation Checklist'. Documents the pre-application orientation required by K.A.R. 28-4-114a(a)(1). https://www.koec.ks.gov/home/showpublisheddocument/334/639098691883070000
  • CCL 208 - 'Family Child Care Home / Guidelines for Orientation and Professional Development Training', Rev. 07/2025. THE most consequential single form in this entry: it is where KOEC states the annual figure as '10 clock-hours' against a regulation that still reads 16, and where the 'approved by the secretary' training sources are enumerated. https://www.koec.ks.gov/home/showpublisheddocument/332/639098691881100000
  • CCL 210 - 'Organizing Business Records and Staff Trainings'. https://www.koec.ks.gov/home/showpublisheddocument/348/639098691898170000
  • CCL 357 - 'Health Status Form'. The self-attestation required of every individual at least 16 caring for children, K.A.R. 28-4-126(b), updated annually. https://www.koec.ks.gov/home/showpublisheddocument/274/639098642669600000
  • CCL 029 - 'Medical Record' (per child) and CCL 029a - 'Child Health Assessment'. Required by K.A.R. 28-4-117(a): the health assessment must be 'conducted not more than twelve months before and obtained not later than 60 calendar days after the child's initial enrollment'. https://www.koec.ks.gov/home/showpublisheddocument/244/639098642632270000 and https://www.koec.ks.gov/home/showpublisheddocument/246/639098642634630000
  • CCL 010 - 'Authorization for Emergency Medical Care'. Backs K.A.R. 28-4-127(b)(1)(A). https://www.koec.ks.gov/home/showpublisheddocument/338/639098691887230000
  • CCL 026 - 'Authorization for Administering Medications to Children and Youth: Short-Term Medications'; CCL 027 - same, 'Long-Term Medications'. Backs the written-permission requirements at K.A.R. 28-4-132(i)(2)(A) and (i)(3)(A). https://www.koec.ks.gov/home/showpublisheddocument/340/639098691889400000 and https://www.koec.ks.gov/home/showpublisheddocument/342/639098691891530000
  • CCL 034 - 'Permission Form for Children to go Off-Premises'; CCL 035 - 'Group Permission Form for Children to go Off-Premises'. Required by K.A.R. 28-4-124(b) and (e). https://www.koec.ks.gov/home/showpublisheddocument/344/639098691893830000 and https://www.koec.ks.gov/home/showpublisheddocument/346/639098691896100000
  • CCL 028a - 'Critical Incident Report' (with a 'Reporting FAQs' companion). K.A.R. 28-4-133(b): a written report of any critical incident must be 'submitted by the next working day to the department ... on a form provided by the department', and a copy kept on file for at least one year. https://www.koec.ks.gov/home/showpublisheddocument/264/639098642657870000
  • CCL 025 - 'Diapering of Children in Child Care' (English and Spanish). This is 'the diapering procedures provided by the department' that K.A.R. 28-4-132(g)(1) requires providers to follow and (g)(2) requires to be posted in each diaper-changing area. https://www.koec.ks.gov/home/showpublisheddocument/240/639098642625900000
  • CCL 005 - 'Annual Mechanical Safety Check for Vehicles Used to Transport Children in a Child Care Facility'. https://www.koec.ks.gov/home/showpublisheddocument/256/639098642646830000
  • CCL 040 - 'Corrective Action Plan'; CCL 203 - 'Family Child Care Homes Survey Instrument'; CCL 306b - 'The Survey Process'. CORRECTION: the prior entry described CCL 203 as the 'Licensed Group Day Care Homes Self-Audit Survey Tool' and flagged that 'exact current form numbers could not be independently confirmed'. The number is right; the title is not. KOEC's live forms library titles CCL 203 'Family Child Care Homes Survey Instrument' and files it under 'Facility Survey Information'. https://www.koec.ks.gov/home/showpublisheddocument/350/639098698795830000 , https://www.koec.ks.gov/home/showpublisheddocument/58/639096180725100000 , https://www.koec.ks.gov/home/showpublisheddocument/280/639098647762970000
  • CCL 008 - 'Licensing Child Care in Kansas', Rev. 10/2025. The agency's own one-page statement of what is and is not licensable, including the unregulated-care band. CORRECTION: the prior entry cited 'CCL-033 (Comparing Licensed Day Care Homes)'; no such form appears in KOEC's current Family Child Care Home library, and the comparison function is now served by CCL 008 plus the 'Types of Licensed Care' page. https://www.koec.ks.gov/home/showpublisheddocument/352/639098703433170000
  • CCL 011 - 'Well-Child Health Information'. The department form referenced by K.A.R. 28-4-117(g), to be given at enrolment or posted conspicuously. https://www.koec.ks.gov/home/showpublisheddocument/354/639098703435130000
  • CCL 006 - 'Reporting Suspected Abuse and Neglect' (English and Spanish); CCL 012 - 'Behavior and Guidance' (English and Spanish); CCL 037 - 'Guidelines for Exclusion' (English and Spanish); CCL 211 - 'Fencing Due to Hazards in Outdoor Area'. Guidance documents KOEC publishes for family child care homes alongside the mandatory forms.
  • CCL 309 - 'Inquiry Regarding Licensure CCC/PS/Mother's Day Out' and CCL 360 - 'Inquiry Regarding Licensure: SAP'. KOEC's route for a programme that is unsure whether it needs a licence at all: 'The inquiry form should include detailed information about the program's purpose and a description of services offered for children or youth.'
  • NON-CCL INSTRUMENTS THAT ARE NEVERTHELESS REQUIRED: the Kansas State Fire Marshal's 'Fire and Life Safety Agreement' and fire inspection (K.A.R. 28-4-115(d)-(e); KOEC routes providers to firemarshal.ks.gov / 785-296-3401); the KBI fingerprint card or LiveScan submission bearing KOEC ORI code KS920100Z and the individual's KOEC OCA number; the 'Required KBI Information form' (needed at law-enforcement fingerprinting locations); KOEC's online licensing application account and the Child Care Provider Portal (CLARIS) at claris.kdhe.state.ks.us; and CAPE registry (yourcape.org) records evidencing approved professional development.
  • FORMS THAT NO LONGER EXIST AS SUCH: there is no separate application for a 'Group Day Care Home'. Since the August 2, 2024 consolidation of K.A.R. 28-4-113(i), one application - CCL 201 - covers the whole 12-child family child care home range, with the number of providers and the age mix determining the maximum group size rather than the licence type.

What's specific about getting licensed in Kansas

Kansas has no adult:child ratio the way most states do and no lightweight 'registration' tier — every home is fully licensed by KDHE (the health department, not DCF), and capacity is governed by age-composition tables that pivot entirely on how many children are under 18 months. The single-provider Day Care Home number '10' holds only while you have at most one child under 18 months: one infant still allows 10 (Table I row 1/5/4=10), but a second infant ratchets the total to 9 and a third to 8. The Group Day Care Home number '12' is the real trap — one provider can run 12 only if every child is at least 5 years old (Table II); any younger mix legally forces a second qualified provider the instant enrollment exceeds the one-provider table. Providers routinely mis-plan their business around a flat '10' or '12' that their actual infant mix will not permit. A live 2026 wrinkle: a statutory restructuring effective July 1, 2026 (K.S.A. 65-503/65-505) may change the day-care-home license fee and definitional structure, so confirm the current fee and program name with KDHE before budgeting.

Common mistakes when getting licensed in Kansas

Infants silently shrink your capacity

The headline '10' for a Day Care Home holds only while you have at most one child under 18 months. A second child under 18 months drops the cap to 9 and a third drops it to 8 (K.A.R. 28-4-114(e), Table I: 0 or 1 infant = 10; 2 = 9; 3 = 8). Build your enrollment plan around your infant count, not the headline number.

Your own kids count toward the limit

Under K.A.R. 28-4-114(h) the provider's own related children under 11 who are on the premises count against the license capacity. A provider with two toddlers of their own has far fewer paid slots than they expect.

'12' almost always needs a second provider

A Group Day Care Home can be run by one provider at 12 children only if every child is 5 or older (Table II). Any younger mix forces a second qualified provider to be present (Tables III/IV) — a real payroll cost most first-time applicants overlook.

Fingerprint clearance is a hard gate for the whole household

No one may work OR reside in the home until KBI/FBI fingerprint results clear (K.A.R. 28-4-125(e)). This includes the applicant, every provider, and every adult household member 18+ (fingerprint), plus residents 10+ (name-based/registry). At $48 per fingerprint check (28-4-95) and multi-week turnaround, an unscreened spouse or adult child can stall your opening.

How long it takes and what it costs in Kansas

Timeline: Realistically about 6-12 weeks from orientation to an operating temporary permit, driven mainly by (a) scheduling the KDHE/local-health-department orientation and on-site survey and (b) background-check turnaround. You complete orientation and apply first; health & safety training, pediatric CPR/first aid, and medication training are due within 30 days of applying; a temporary permit (up to 90 days, extendable once) is issued once requirements and the inspection are met, with the full license following. Confirm current processing times with KDHE Child Care Licensing.

Cost: License fee per K.A.R. 28-4-92(d) = $75 + $1 per child of authorized capacity (about $85 for a 10-child home, $87 for a 12-child group home); nonrefundable, due at application and each renewal. IMPORTANT 2026 CAVEAT: current K.S.A. 65-505(a)(2) provides 'no annual fee' for child care facilities other than maternity centers / placement / referral agencies, and a July 1, 2026 definitional change (K.S.A. 65-503) may remove day care homes from that fee — so the $75+$1 figure may be superseded; confirm the current license fee with KDHE. Fingerprint-based background check = $48 per person (K.A.R. 28-4-95) — multiply by every provider and household member 18+. Out-of-pocket also for pediatric CPR/first aid certification (course fee varies) and any non-free training; several KDHE-approved health & safety and medication-administration trainings are offered online at no cost — confirm current fees with KDHE.

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Kansas home daycare licensing — FAQ

How many children can I care for in a Kansas home daycare?

12 CHILDREN UNDER 16 YEARS OF AGE - THE ABSOLUTE CEILING, AND IT IS REACHABLE ONLY UNDER CONDITIONS. K.A.R. 28-4-113(i): a family child care home is 'the premises on which care is provided for a maximum of 12 children under 16 years of age, with a limited number of children under five years of age as specified in K.A.R. 28-4-114(e).' Twelve is the ceiling of the whole license type. There is no longer any Kansas home license with a lower statutory ceiling. BUT THE OPERATIVE NUMBER IS 'MAXIMUM GROUP SIZE', NOT 'LICENSE CAPACITY', AND THE TWO ARE DIFFERENT THINGS. K.A.R. 28-4-113(l) still defines the old concept: '"License capacity" means the maximum number of children who are authorized to be on the premises at any one time.' But the August 2, 2024 amendment retitled the controlling subsection K.A.R. 28-4-114(e) as 'MAXIMUM GROUP SIZE FOR FAMILY CHILD CARE HOMES' and put every table under that heading. The practical meaning: your licensed number is a ceiling, and the age mix present at any given moment sets a second, usually lower, ceiling that moves during the day. K.A.R. 28-4-114(h)(2): 'The total number of children on the premises, including children under 10 years of age related to the applicant with a temporary permit, the licensee, or any other provider, does not exceed the maximum group size based on the age of the youngest child present and the number of providers present as specified in subsection (e).'

Read 'based on the age of the youngest child present' - one infant walking through the door re-prices the whole room. WHAT ONE PROVIDER CAN DO. From Table I (K.A.R. 28-4-114(e)(1)), the four permitted combinations for a single provider, columns being [children under 12 months] / [at least 12 months but under 5 years] / [at least 5 years but under 10 years] = [maximum group size]: 0 / 8 / 2 = 10; 1 / 6 / 3 = 10; 2 / 5 / 2 = 9; 3 / 3 / 2 = 8. So a lone provider tops out at TEN, and only with zero or one child under twelve months. A second infant costs a slot (9). A third infant costs two more (8). Table II then lets one provider go ABOVE ten if there are no young children at all: 'At Least 2.5 Years but Under 10 Years of Age' = 10; 'At Least 3 Years but Under 10 Years of Age' = 11; 'At Least 5 Years but Under 10 Years of Age' = 12. That eleven is the number a Kansas-specific reader will not have seen before - one provider, all children at least three and under ten, maximum group size 11. WHAT TWO PROVIDERS CAN DO. Table III (K.A.R. 28-4-114(e)(1)), same three columns = maximum group size: 0 / 10 / 2 = 12; 1 / 9 / 2 = 12; 2 / 8 / 2 = 12; 3 / 7 / 2 = 12; 4 / 5 / 3 = 12; 5 / 4 / 3 = 12. Twelve every time - the second provider does not raise the ceiling above twelve, it buys back the slots that infants take away.

Note the top of that column: FIVE children under twelve months is permissible with two providers, which is the deepest infant allowance in the Kansas home regulations. Table III carries an asterisked footnote that is itself the operative staffing trigger: '*A second provider shall be present when the number of children exceeds the maximum number allowed for one provider. See Table I.' And K.A.R. 28-4-114(e)(2) adds the two-provider analogue of Table II: 'If the ages of children enrolled are at least 2.5 years but under 10 years of age, the maximum group size for two providers is 12.' KOEC's own one-page 'Family Child Care Home Capacity Visual' (file title 'Capacity Visual KAR 28.4.114 v. 4') closes with exactly that note: 'Note: If the ages of children enrolled are at least 2.5 years but under 10 years of age, the maximum group size is 12 with two providers.' THE AGE BANDS THEMSELVES ARE A CORRECTION. The prior entry ran the tables on bands of 'under-18-months / at-least-18mo-but-under-5yr / at-least-5-but-under-11'. As amended August 2, 2024 the bands are UNDER 12 MONTHS / AT LEAST 12 MONTHS BUT UNDER 5 YEARS / AT LEAST 5 YEARS BUT UNDER 10 YEARS.

Eighteen months no longer appears anywhere in K.A.R. 28-4-114(e), and the top band closes at ten, not eleven. Every one of the prior entry's Table I rows ('0 / 7 / 3 = 10; 1 / 5 / 4 = 10; 2 / 4 / 3 = 9; 3 / 3 / 2 = 8') is wrong on the numbers as well as the bands, except the last total. Its Table III rows ('1 / 8 / 3 = 12; 2 / 7 / 3 = 12; 3 / 6 / 3 = 12; 4 / 4 / 2 = 10') are wrong: there is no row in the current Table III whose total is 10, and the 4-infant row is 4 / 5 / 3 = 12, not 4 / 4 / 2 = 10. Its 'Table IV' ('0 under-18mo / 5 (18mo-under-2.5) / 7 (2.5-under-11) = 12') does not exist in the current regulation at all - there are three tables, not four. Its Table II figures ('9 if all children are at least 2.5 ... 10 if all are at least 3 ... 12 if all are at least 5') are each one child low at the two lower rungs: the current figures are 10, 11 and 12. THE SUBSTITUTION RULE THAT LETS A HOME BACKFILL ABSENCES. K.A.R. 28-4-114(h)(3): 'For each child under five years of age not in attendance, the maximum number of children ages five and older may be increased by one. The total number of children in attendance shall not exceed the maximum group size.'

This is a one-for-one swap upward in age, capped by the group-size figure - it does not let a home exceed its table total. The prior entry rendered this as a parenthetical inside Table I ('children 5+ may substitute for younger children') without the cap sentence; the cap sentence is the part that matters in an inspection. CAPACITY IS ALSO CONSTRAINED BY SPACE AND FIRE. K.A.R. 28-4-115(c): 'Each facility shall have 25 square feet of available play space per child and shall be constructed, arranged, and maintained to provide for the health and safety of children in care.' Twenty-five square feet per child, not the 28 that HB 2045 wrote for CENTERS (K.S.A. 65-539(b)(1): 'The designated area for children's activities shall contain a minimum of 28 square feet of floor space per child, excluding kitchens, passageways, storage areas and bathrooms') - do not import the center number into a home. Fire approval is a precondition on the premises and on the specific floors used: K.A.R. 28-4-115(d) 'Each facility shall be approved for fire safety by a fire inspector'; K.A.R. 28-4-115(e) 'A basement or a second floor used for child care in a facility shall be approved for fire safety by a fire inspector before use. A third floor shall not be used for child care.'

Outdoor space is required as part of the licensed premises for homes licensed since 2012: K.A.R. 28-4-115(j) 'Each facility licensed on and after March 1, 2012 shall have a designated area for outdoor play and large motor activities as part of the licensed premises.' THE NUMBER ON THE LICENSE IS BINDING AS A MATTER OF STATUTE, NOT MERELY OF REGULATION. K.S.A. 75-7709(a): 'A license granted to maintain a day care facility shall state the name of the licensee, describe the particular premises in or at which the business shall be carried on, whether it shall receive and care for children, and the number of children that may be cared for at any one time. No greater number of children than is authorized in the license shall be kept on such premises, and the business shall not be carried on in a building or place not designated in the license.' To change the number or the address, file CCL 032, 'Request for Licensing Amendment'; K.S.A. 75-7710(d) permits an amendment fee 'in an amount of not to exceed $35.' ENROLLMENT IS REPORTED ON A DEDICATED FORM. CCL 205, 'Family Child Care Home Schedule of Enrollment', is the instrument KOEC uses to test a home's actual daily mix against its tables; a home that is compliant on paper and non-compliant at 4 p.m. is caught here.

What are the adult-to-child ratios for a home daycare in Kansas?

KANSAS DOES NOT PUBLISH AN ADULT:CHILD RATIO FOR HOME-BASED CARE. It publishes AGE-COMPOSITION TABLES. This much of the prior entry was right and is confirmed: there is no '1:4 for infants' style rule for a family child care home anywhere in K.A.R. Article 28-4. The governing instrument is K.A.R. 28-4-114(e), retitled effective August 2, 2024 as 'Maximum group size for family child care homes', reproduced below verbatim from the adopted text published in the Kansas Register, Vol. 43, No. 29, July 18, 2024, p. 1084. K.A.R. 28-4-114(e)(1): 'The maximum group size for a family child care home shall be the following:' TABLE I - MAXIMUM GROUP SIZE, ONE PROVIDER. Columns: 'Maximum Number of Children Under 12 Months' | 'Maximum Number of Children at Least 12 Months but Under 5 Years of Age' | 'Maximum Number of Children at Least 5 Years but Under 10 Years of Age' | 'Maximum Group Size'. Rows: 0 | 8 | 2 | 10. 1 | 6 | 3 | 10. 2 | 5 | 2 | 9. 3 | 3 | 2 | 8. TABLE II - MAXIMUM GROUP SIZE, ONE PROVIDER. Columns: 'Ages of Children Enrolled' | 'Maximum Group Size'. Rows: 'At Least 2.5 Years but Under 10 Years of Age' | 10. 'At Least 3 Years but Under 10 Years of Age' | 11. 'At Least 5 Years but Under 10 Years of Age' | 12. TABLE III - MAXIMUM GROUP SIZE, TWO PROVIDERS*.

Columns: 'Maximum Number of Children Under 12 Months' | 'Maximum Number of Children at Least 12 Months but Under 5 Years of Age' | 'Maximum Number of Children at Least 5 Years but Under 10 Years of Age' | 'Maximum Group Size*'. Rows: 0 | 10 | 2 | 12. 1 | 9 | 2 | 12. 2 | 8 | 2 | 12. 3 | 7 | 2 | 12. 4 | 5 | 3 | 12. 5 | 4 | 3 | 12. Footnote as printed: '*A second provider shall be present when the number of children exceeds the maximum number allowed for one provider. See Table I.' K.A.R. 28-4-114(e)(2): 'If the ages of children enrolled are at least 2.5 years but under 10 years of age, the maximum group size for two providers is 12.' K.A.R. 28-4-114(e)(3): 'Children at least 10 years of age but under 16 years of age unrelated to the provider on the premises for the purpose of receiving child care in the facility shall be included in the maximum group size if child care for this age group as a whole exceeds five hours a week.' HOW TO READ THE TABLES WITHOUT GETTING IT WRONG. (a) The first three columns are CAPS PER AGE BAND, not a required composition. K.A.R. 28-4-114(h)(1) enforces them individually: 'The maximum number of children in each age category ... does not exceed the maximum number of children in each age category as specified in subsection (e).'

You may be under a column and still be over the row total, or under the total and still over a column - both are violations. (b) The row is selected by the youngest child physically present, per K.A.R. 28-4-114(h)(2): '... does not exceed the maximum group size based on the age of the youngest child present and the number of providers present as specified in subsection (e).' (c) Related children under ten are inside the count, per K.A.R. 28-4-114(g) and (h)(1) - 'including children under 10 years of age related to the applicant with a temporary permit, the licensee, or any other provider.' (d) Developmental age governs, per K.A.R. 28-4-114(f): 'Any child who does not function according to age-appropriate expectations shall be counted in the age group that reflects the developmental age level of the child.' (e) Empty young slots convert upward one-for-one, per K.A.R. 28-4-114(h)(3): 'For each child under five years of age not in attendance, the maximum number of children ages five and older may be increased by one. The total number of children in attendance shall not exceed the maximum group size.' (f) The K.A.R. 28-4-114(i) 'additional children' allowances sit OUTSIDE the tables and are described in full under home_type_definition; they are the only lawful way for more bodies than the group size to be on the premises.

THE ONE GENUINE STAFFING RULE, AND ITS AGE FLOOR. K.A.R. 28-4-132(a): 'Supervision. Each applicant, each applicant with a temporary permit, and each licensee shall ensure that supervision is provided by a person 16 years of age or older who is responsible for the health, safety, and well-being of each child in care.' Sixteen is the floor for a supervising 'provider' (K.A.R. 28-4-113(c)(2)); eighteen is the floor for the 'primary care provider' (K.A.R. 28-4-113(q)) and for a substitute covering an extended absence (K.A.R. 28-4-113(u)(2)). A SECOND STAFFING RULE THAT FUNCTIONS LIKE A RATIO AND IS ROUTINELY OVERLOOKED. K.A.R. 28-4-114a(c)(5): 'Each applicant with a temporary permit and each licensee shall ensure that at least one provider who has current certification in pediatric first aid and current certification in pediatric CPR is present at all times.' Not 'on staff' - PRESENT AT ALL TIMES. In a one-provider home this means the provider's own certification lapsing closes the home; in a two-provider home it constrains which pairs may work together. AND A THIRD, FOR TRANSPORT. K.A.R. 28-4-130(m)(9): 'Each facility shall maintain applicable staff-child ratios in the vehicle when children are being transported.'

The regulation borrows the word 'ratios' here even though the home tables are group-size tables; in practice the table applicable to the children in the vehicle travels with them. THE LEGISLATURE HAS ORDERED THESE NUMBERS REWRITTEN, AND THEY HAVE NOT BEEN REWRITTEN YET. K.S.A. 65-538(c) (HB 2045 New Sec. 2(c)), in force since July 1, 2025: 'The secretary shall update rules and regulations regarding child ratios on or before October 1, 2025.' K.A.R. 28-4-114 is on the July 13, 2026 hearing docket (Kansas Register Vol. 45, Issue 20, May 14, 2026). As of 2026-08-25 I found no published adoption of an amended 28-4-114, and KOEC's own capacity visual still carries the current Table II/III figures. So: the October 1, 2025 statutory deadline for a ratio update appears to have passed without a filed amendment, and the August 2, 2024 tables above remain the filed, enforceable numbers. This is a live tripwire - anyone relying on this entry after autumn 2026 must re-check K.A.R. 28-4-114 against the Kansas Register. DO NOT IMPORT THE CENTER RATIOS. KOEC publishes a separate 'Staff to Child Ratios (PDF)' and a 'Staff Child Ratio Guidance - KAR 28-4-428 (PDF)' - those govern CHILD CARE CENTERS and PRESCHOOLS under K.A.R. 28-4-428, a regulation that does not apply to a family child care home (see the scope list at K.A.R. 28-4-122(a), which routes homes to 28-4-123 through 28-4-133 and NOT to the 28-4-42x center series). A home provider who downloads the center ratio chart will be reading the wrong document.

What training do I need to run a home daycare in Kansas?

Before you can be licensed: FIVE THINGS BEFORE A CHILD IS EVER ALONE WITH YOU, IN THIS ORDER: (0) be 18 and a high school graduate; (1) ORIENTATION, which must happen BEFORE you apply; (2) HEALTH AND SAFETY TRAINING, within 30 calendar days after applying; (3) PEDIATRIC FIRST AID AND PEDIATRIC CPR CERTIFICATION, within 30 calendar days after applying; (4) HEALTH STATUS ATTESTATION AND A TUBERCULOSIS TEST. All four training items sit in K.A.R. 28-4-114a, 'Initial and ongoing professional development training', as amended effective August 2, 2024 (Kansas Register Vol. 43, No. 29, July 18, 2024, pp. 1085-1086). The regulation opens with a rule for entity applicants: 'If an applicant, an applicant with a temporary permit, or a licensee is not an individual, the applicant, applicant with a temporary permit, or licensee shall designate an individual to meet the requirements of this regulation.' (0) THRESHOLD ELIGIBILITY. K.A.R. 28-4-114(b)(1): the applicant/licensee shall 'Be at least 18 years of age'. K.S.A. 75-7719(k): 'No person shall maintain a day care facility unless such person is a high school graduate or the equivalent thereof, except that, if extraordinary circumstances exist, the director of the Kansas office of early childhood may exercise discretion to make exceptions from this requirement.' (Grandfather clause for anyone maintaining a facility immediately prior to July 1, 2010.) (1) ORIENTATION - BEFORE APPLICATION, NOT AFTER. K.A.R. 28-4-114a(a)(1): 'Each person shall, before applying for a license, complete an orientation program on the requirements for operating a facility, provided by the secretary's designee that serves the county in which the facility will be located.'

KOEC's live instruction is blunter: 'Contact your Local Licensing Specialist (PDF) to schedule your orientation. Do not apply for a license until you have attended a required orientation.' KOEC lists the topics orientation covers: 'Licensing regulations; Emergency procedures; Behavior management and discipline practices; Schedule of daily activities; Importance of outdoor play; Health and safety practices, i.e. safe sleep, storage of hazardous materials, etc.; Confidentiality, i.e. child records; Required Health and Safety training topics; Required Pediatric CPR & First Aid.' KOEC adds a step that is not in the regulation but will sink an applicant who skips it: 'Verify Building Codes for Licensing - If applicable, contact your Home Owner's Association (HOA) or city or county building codes office to verify that you can open a licensed facility in your desired location.' Completion is documented on CCL 400, 'Family Child Care Home Orientation Checklist'. A SECOND, DIFFERENT ORIENTATION THE LICENSEE MUST DELIVER TO EVERY PROVIDER. K.A.R. 28-4-114a(a)(2): 'Each applicant, each applicant with a temporary permit, and each licensee shall provide orientation to each provider about the policies and practices of the facility, including duties and responsibilities for the care and supervision of children enrolled.

Each provider shall complete the orientation before the provider is given sole responsibility for the care and supervision of children. The orientation shall include the following: (A) Licensing regulations; (B) the policies and practices of the facility, including emergency procedures, behavior management, and discipline; (C) the schedule of daily activities; (D) care and supervision of children in care, including any special needs and known allergies; (E) health and safety practices; and (F) confidentiality.' The prior entry omitted this entirely. It matters the moment a home hires a substitute. (2) HEALTH AND SAFETY TRAINING - TEN SUBJECT AREAS, AND MEDICATION ADMINISTRATION IS ONE OF THEM. K.A.R. 28-4-114a(b): 'Each applicant, each applicant with a temporary permit, each licensee, and each provider shall complete health and safety training approved by the secretary. (1) Each applicant and each applicant with a temporary permit shall complete the training not later than 30 calendar days after submitting an application for a license. (2) Each provider shall complete the training before the date of employment or not later than 30 calendar days after the date of employment.

Each provider shall complete the training before being given sole responsibility for the care and supervision of children.' The subject list at K.A.R. 28-4-114a(b)(3) is: '(A) Recognizing the signs of child abuse or neglect, knowledge on the prevention of child maltreatment, shaken baby syndrome and abusive head trauma, and the reporting of suspected child abuse or neglect; (B) basic child development, including: (i) supervision of children; (ii) cognitive, social, emotional, physical development; and (iii) approaches to learning; (C) safe sleep practices and sudden infant death syndrome; (D) recognizing when a child is ill and prevention and control of infectious diseases, including immunizations; (E) prevention of and response to emergencies due to food and allergic reactions; (F) building and premises safety, including identification of and protection from hazards that could cause bodily injury, including electrical hazards, bodies of water, and vehicular traffic; (G) emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event, including violence at a facility; (H) handling and storage of hazardous materials and the appropriate disposal of bio-contaminants, including blood and other bodily fluids or waste; (I) precautions when transporting children, if transportation is provided; and (J) medication administration training.'

CORRECTION: the prior entry described 'KDHE-approved Health & Safety training covering the 9 statutory subject areas' and then listed medication administration training separately as a third requirement citing '28-4-114a(d)'. As amended August 2, 2024 there are TEN lettered subject areas, (A) through (J), and MEDICATION ADMINISTRATION IS SUBJECT AREA (J) INSIDE THE HEALTH AND SAFETY TRAINING - it is not a free-standing subsection. K.A.R. 28-4-114a(d) is now 'Annual professional development training requirements', not medication administration. The prior entry's citation therefore points at the wrong rule. The operational requirement, however, survives elsewhere and is real: K.A.R. 28-4-132(i)(1) 'Each individual caring for children shall complete medication administration training before administering any medication to any child, as specified in K.A.R. 28-4-114a and K.A.R. 28-4-428a.' HEALTH AND SAFETY TRAINING IS A ONE-TIME, PORTABLE REQUIREMENT. KOEC form CCL 208, 'Family Child Care Home / Guidelines for Orientation and Professional Development Training' (Rev. 07/2025): 'NOTE: Health and safety training is a one-time requirement.

If a provider changes employment to a different licensed facility, the training documentation is transferrable and is not required to be completed again.' WHAT COUNTS AS 'APPROVED BY THE SECRETARY' FOR THE HEALTH AND SAFETY BLOCK. CCL 208 enumerates: '1. Training approved by KDHE or CAPE; 2. Training provided by: a. Kansas Child Care Trainings Opportunities (KCCTO); b. any Kansas licensed child care resource and referral agency; 3. College coursework/academic credit (1 credit hour = to 15 clock hours); 4. Trainings/courses related to child care that issue Continuing Education Units (1 CEU = 10 clock hours).'

The 'CAPE' reference is the new centralised registry: per KOEC's Child Care Licensing page, 'Child Care Licensing will no longer independently approve trainings ... the Career and Professional Empowerment Portal (CAPE) ... is the Kansas Early Childhood Professional Development Workforce Registry.' (3) PEDIATRIC FIRST AID AND PEDIATRIC CPR - WITH A PRACTICAL COMPONENT, IN FRONT OF A CERTIFIED INSTRUCTOR. K.A.R. 28-4-114a(c): 'Each applicant, each applicant with a temporary permit, each licensee, and each provider shall obtain certification in pediatric first aid and pediatric CPR as specified in this subsection. (1) Certifications shall include a practical application component and be demonstrated in front of an instructor certified by a nationally recognized first aid and CPR training organization. (2) Each applicant and each applicant with a temporary permit shall obtain the certifications not later than 30 calendar days after submitting an application for a license. (3) Each provider shall obtain the certifications before the date of employment or not later than 30 calendar days after the date of employment. (4) Each individual required to obtain the certifications shall maintain current certifications. (5) Each applicant with a temporary permit and each licensee shall ensure that at least one provider who has current certification in pediatric first aid and current certification in pediatric CPR is present at all times.'

Paragraph (1) rules out purely online certification - the skills check must be witnessed. Paragraph (5) is a continuous staffing condition, not an onboarding one. (4) ADULT HEALTH: A HEALTH STATUS FORM PLUS A TUBERCULOSIS TEST. K.A.R. 28-4-126(b): 'Each individual at least 16 years of age who is caring for children shall attest to that individual's health status on a form supplied by the department or approved by the secretary. (1) The health status form shall indicate if the individual has been exposed to an active case of tuberculosis or has been diagnosed with suspected or confirmed active tuberculosis. (2) Each individual shall update the health status form annually or more often if there is a change in the health status or if the individual has been exposed to an active case of tuberculosis.' K.A.R. 28-4-126(c)(1): 'Each individual at least 16 years of age who is living, working, or regularly volunteering in the facility shall have a record of a negative tuberculosis test or x-ray obtained not more than two years before the date of employment or initial application for a license or not later than 30 days after the date of employment or initial application.' K.A.R. 28-4-126(c)(2): 'Compliance with the tuberculosis prevention and control program of the department shall be required following each exposure to active tuberculosis disease.'

The form is CCL 357, 'Health Status Form'. CORRECTION: the prior entry said 'each provider must have a health assessment and negative TB test (K.A.R. 28-4-126).' The August 2, 2024 text does NOT require a physician-conducted health assessment for a family child care home provider - it requires a self-attested HEALTH STATUS FORM plus the TB record. A physician/PA/nurse-conducted health assessment is required only for residents 16+ in a residential center or group boarding home: K.A.R. 28-4-126(e) 'In addition to meeting the requirements in K.A.R. 28-4-126(c) and (d), each resident 16 years or older in a residential center or group boarding home shall have a health assessment conducted by a licensed physician, a physician assistant, or by a nurse trained to perform health assessments.' A home provider who books a physical thinking the rule demands one is buying something Kansas does not ask for. (Children, separately, DO need a health assessment - K.A.R. 28-4-117(a)(1), on form CCL 029a.) Note also the standing fitness rule at K.A.R. 28-4-126(a)(1): each individual caring for children 'shall be free from any physical, mental, or emotional conditions that prevent the individual's ability to protect the health, safety, and welfare of the children, shall be qualified by temperament and emotional maturity, demonstrate an understanding of children, and shall act with sound judgment', and 28-4-126(a)(2): 'No individual in contact with children shall be in a state of impaired ability due to the use of alcohol, prescription or nonprescription drugs, or other substances.'

DOCUMENTATION. K.A.R. 28-4-114a(e): 'Documentation of all orientation, training, and certifications for each individual shall be kept in that individual's file in the facility.' K.A.R. 28-4-126(d): 'The health status form and each tuberculosis test shall be recorded on forms provided by the department and shall be kept in each individual's record at the facility.' KOEC's CCL 210, 'Organizing Business Records and Staff Trainings', is the agency's own filing template. A STANDING POLICY EXCEPTION TO KNOW ABOUT: KOEC publishes a 'Policy Exception TB Test Documentation (PDF)' and a 'TASN Training Exception (PDF)' among the Family Child Care Home regulation policy exceptions - agency-wide standing relaxations that a provider may rely on without filing CCL 031. Their contents were not read for this entry; see verify_flag. Ongoing training: 10 CLOCK-HOURS PER LICENSURE YEAR - NOT 16. This is the second-largest correction in this entry, and it is the textbook case of the codified regulation being the thing that lies. WHAT THE STATUTE SAYS, AND IT IS THE NEWER TEXT. K.S.A. 65-538(a)(1) (2025 HB 2045, New Sec. 2(a)(1), L. 2025, ch. 118, sec. 2, effective July 1, 2025): 'For each licensure year beginning after July 1, 2025, each person who provides care to children in a licensed child care home shall complete professional development training in an amount determined by the secretary of health and environment of up to 10 clock hours per licensure year.'

The words are 'UP TO 10' - a statutory CEILING on what the agency may demand. K.S.A. 65-538(a)(2): 'Such training shall consist of a minimum of eight hours of training specified by the secretary.' K.S.A. 65-538(a)(3): 'As part of the professional development training required under this subsection: (A) Each person who provides care to children in a licensed child care home shall submit to the secretary proof of completion of up to four hours of such outside training in child care or any related subject. The secretary shall retain records of such person's compliance with this requirement; and (B) a person who maintains a licensed child care home with one provider, if such provider provides care simultaneously to four infants at any time during the licensure year, shall submit to the secretary proof of completion of at least three hours of such professional development training in an infant-specific subject. The secretary shall retain records of such person's compliance with this requirement.' K.S.A. 65-538(d): 'On and after July 1, 2026, this section shall be administered by the director of early childhood.' 'Infant' for that three-hour trigger is defined at K.S.A. 75-7708(a)(8) as 'a child who is between two weeks and 12 months of age or a child older than 12 months who has not yet learned to walk.'

WHAT THE AGENCY'S OWN CURRENT FORM SAYS. KOEC form CCL 208, 'Family Child Care Home / Guidelines for Orientation and Professional Development Training', Rev. 07/2025, served from koec.ks.gov as of 2026-08-25, under the heading 'Annual Training / KAR 28-114a(d)': 'In each licensure year, each provider shall complete 10 clock-hours of professional development training. Four of the 10 clock-hours shall include the subject areas specified in paragraphs KAR 28-4-114a(b)(3)(A), (b)(3)(C) through (J), or subsection (c).' Ten. From the licensor. On its live forms page. WHAT THE CODIFIED REGULATION STILL SAYS. K.A.R. 28-4-114a(d)(2), as adopted effective August 2, 2024 and printed in the Kansas Register Vol. 43, No. 29 (July 18, 2024) at p. 1085: '(2) In each licensure year, each provider shall complete 16 clock-hours of professional development training. Four of the 16 clock-hours shall include the subject areas specified in paragraphs (b)(3)(A), (b)(3)(C) through (J), or subsection (c).' SIXTEEN. And that same sixteen is still printed, verbatim, in the compiled 'Family Child Care Home Regulations Book' (76 pp., 'AUGUST 2024') that KOEC itself links from its Regulations page.

So on 2026-08-25 the agency is simultaneously serving a form that says ten and a regulation book that says sixteen. HOW TO RESOLVE IT, AND WHY. The statute is later in time (July 1, 2025 vs August 2, 2024), it is a statute rather than a regulation, and it is a ceiling phrased as a limit on the agency ('of up to 10 clock hours'). A regulation demanding 16 cannot survive a statute capping the demand at 10. The agency has already conformed its instruction to the statute in CCL 208. And the amendment to conform the regulation is formally under way: the Kansas Register, Vol. 45, Issue 20, May 14, 2026, Doc. No. 054173, sets a hearing for July 13, 2026 on amendments to K.A.R. 28-4-114a among others, and its economic-impact statement quantifies exactly this change - '$360,000 from reducing required training hours (from 16 to 10 hours annually)'. PUBLISH TEN. Flag sixteen as the un-amended regulatory text and note that a provider who trains to sixteen is over-complying rather than violating. WHAT THE TEN HOURS MUST CONTAIN. Per CCL 208 and K.A.R. 28-4-114a(d)(2) as adjusted, four of the ten must fall in the health-and-safety subject areas at K.A.R. 28-4-114a(b)(3)(A) [child abuse/neglect recognition, prevention of maltreatment, shaken baby syndrome and abusive head trauma, reporting] and (b)(3)(C) through (J) [safe sleep and SIDS; recognizing illness and infectious disease control including immunizations; food and allergic-reaction emergencies; building and premises safety; emergency preparedness and response planning; hazardous materials and bio-contaminant handling and disposal; transportation precautions; medication administration], OR in subsection (c) [pediatric first aid and pediatric CPR].

Note that (b)(3)(B) - basic child development - is deliberately EXCLUDED from the four-hour core: general child-development coursework counts toward the ten, not toward the four. Layered on top, from statute: at least eight of the ten must be 'training specified by the secretary' (K.S.A. 65-538(a)(2)); up to four hours may be 'outside training in child care or any related subject' with proof submitted to the agency (K.S.A. 65-538(a)(3)(A)); and a one-provider home that cares for four infants simultaneously at any point in the year owes at least three hours in an infant-specific subject (K.S.A. 65-538(a)(3)(B)). WHO OWES THE HOURS. 'Each provider' - which under K.A.R. 28-4-113(c) means the primary care provider, any individual at least 16 working in the facility, and any substitute. Not just the licensee. The prior entry said the 16 hours applied 'for the primary care provider'; the regulation says each provider. WHAT COUNTS. CCL 208's list for annual training is broader than for health-and-safety training: '1. Training approved by KDHE or CAPE; 2. Training provided by a. the local licensing specialist; b. any Kansas licensed child care resource and referral agency; c.

Kansas Child Care Trainings Opportunities (KCCTO); d. Kansas Child and Adult Care Food Program (CACFP); 3. College coursework/academic credit (1 credit hour = 15 clock hours); 4. Trainings/courses related to child care that issue Continuing Education Units (1 CEU = 10 clock hours); 5. Training obtained from attendance at a nationally recognized early childhood professional development event (such as NAFCC or NAEYC).' Plus a self-report allowance: 'NOTE: Up to 2 clock hours for professional development through such events as peer mentoring, community coalition attendance, regional business, or leadership development event, etc. (self-reported).' Approval now runs through CAPE (yourcape.org) rather than through the licensing specialist - KOEC: 'Child Care Licensing will no longer independently approve trainings.' DEFINITION OF THE MEASURING YEAR. K.A.R. 28-4-114a(d)(1): 'For purposes of this subsection, "licensure year" shall mean the period beginning on the effective date and ending on the expiration date of a license.' Identical in statute at K.S.A. 75-7708(a)(10). It is the licence anniversary, not the calendar year.

HISTORY, BECAUSE THE PRIOR ENTRY GOT IT PARTLY RIGHT. The prior entry stated the figure was 'phased up from 5 hours in 2017-18 and 12 hours in 2019' and cited 'K.A.R. 28-4-114a(e)(2)(D)'. The phase-in narrative is plausible against the regulation's amendment history ('effective Feb. 3, 2012; amended May 12, 2017; amended Aug. 2, 2024') but I did not read the 2017 text, so I do not publish the 5/12 figures as fact - see verify_flag. The subsection citation is in any case dead: after August 2, 2024 the annual-training rule is at 28-4-114a(d), and subsection (e) is 'Documentation'.

What background checks does Kansas require?

REQUIRED, LAYERED, AND BLOCKING - NOBODY WORKS, VOLUNTEERS OR LIVES IN THE HOME UNTIL THE RESULT CLEARS. The regulation is K.A.R. 28-4-125, 'Background checks', effective June 7, 2018 (adopted via Kansas Register Vol. 37, No. 20A, May 23, 2018). It was NOT amended on August 2, 2024 and is NOT on the July 13, 2026 hearing docket, so the 2018 text is the current text. The statute behind it, for day care facilities from July 1, 2026, is K.S.A. 75-7719 (2025 HB 2045, New Sec. 27); the older parallel provision K.S.A. 65-516 still governs 'child care facilities' that are not day care facilities and is the section KOEC's own public materials still cite. THE FULL TEXT OF K.A.R. 28-4-125, verbatim from the compiled Family Child Care Home Regulations Book served by KOEC: 'Each applicant, applicant with a temporary permit, and licensee shall meet the following requirements: (a) Submit to the department the identifying information necessary to complete background checks for each individual who works or regularly volunteers in the facility, each individual at least 10 years of age who resides in the facility, and any other individual in the facility whose activities involve either supervised or unsupervised access to children.

The identifying information shall be submitted as follows: (1) When submitting an application for a license; (2) when submitting an application to renew a license; and (3) before allowing any individual to work, regularly volunteer, or reside in the facility and before allowing any individual whose activities involve either supervised or unsupervised access to children to be in the facility; (b) ensure that fingerprint-based background checks are completed for each of the following: (1) The applicant; (2) the applicant with a temporary permit; (3) the licensee; (4) each provider in a day care home or group day care home; (5) each individual at least 18 years of age who resides in a day care home or group day care home; (6) each employee in a preschool or child care center; (7) each volunteer counted in the staff-child ratio; and (8) any other individual regularly in the facility if the individual's activities involve unsupervised access to children; (c) ensure that the information submitted for each individual specified in subsection (b) includes the required information for background checks from each state of residence throughout the five-year period before allowing the individual to work, regularly volunteer, or reside in the facility;

(d) ensure that name-based background checks by the Kansas bureau of investigation and the Kansas department for children and families are completed for each of the following: (1) Each individual at least 10 years of age who resides in a day care home or group day care home; (2) each volunteer who is not counted in the staff-child ratio and whose activities do not involve unsupervised access to children; (3) each student of an accredited secondary or postsecondary school who is at least 16 years of age and who is participating in an educational experience arranged by the school, if the student is not counted in the staff-child ratio and does not have unsupervised access to children; and (4) any other individual regularly in the facility whose activities do not involve unsupervised access to children; and (e) ensure that no individual works, regularly volunteers, or resides in the facility until the results of the individual's background checks verify that the individual is not prohibited from working, regularly volunteering, or residing in a facility pursuant to K.S.A. 65-516, and amendments thereto.'

Authority line: '(Authorized by K.S.A. 2017 Supp. 65-508; implementing K.S.A. 2017 Supp. 65-508 and 65-516; effective, T-86-46, Dec. 18, 1985; effective May 1, 1986; amended Feb. 26, 1990; amended [Kansas Register Volume 37, No. 20A]; effective 6/7/2018.)' THE TWO AGE THRESHOLDS, WHICH ARE THE PART PEOPLE GET WRONG. TEN is the age at which a RESIDENT enters the system at all - at ten a household member gets a name-based KBI and DCF child-abuse-and-neglect-registry check. EIGHTEEN is the age at which a RESIDENT escalates to a fingerprint-based check. So a fourteen-year-old living in the home is checked but not fingerprinted; the day they turn eighteen they must be. Separately, ANY provider is fingerprinted regardless of age, because 28-4-125(b)(4) says 'each provider in a day care home or group day care home' without an age qualifier - and 'provider' includes a sixteen-year-old working in the facility (K.A.R. 28-4-113(c)(2)). The prior entry described this correctly in substance and is CONFIRMED on this point. THE FIVE-YEAR RESIDENCE HISTORY RULE, AND THE OUT-OF-STATE TRAP. K.A.R. 28-4-125(c) requires the submission to include 'the required information for background checks from each state of residence throughout the five-year period' BEFORE the person starts.

KOEC's live background-check page operationalises it: 'Any individual who has lived in another state within the last 5 years and who has a role requiring a comprehensive background check is required to have an out-of-state background check' and 'If you currently live or have lived in a state other than Kansas within the last 5 years, additional information from the facility is required to comply with federal requirements.' KOEC publishes 'Out-of-State Forms & Instructions' and an 'Out-of-State Background Check Requirements (PDF)'. Also: 'A "Cleared" status will not be issued until all background checks are completed and fingerprint results are released by KBI. This includes any out-of-state background checks.' An applicant who moved to Kansas within five years should expect this to be the long pole in their timeline. RE-FINGERPRINTING EVERY FIVE YEARS - A RECURRING OBLIGATION THE PRIOR ENTRY DID NOT MENTION. KOEC background-check page, heading 'Mandated Re-Fingerprinting': 'Both Federal and State law (KSA 65-516) requires a comprehensive background check for each individual residing, working, or regularly volunteering in a licensed child care facility.

Fingerprint-based checks must be completed every five years, and 2024 was the renewal year.' KOEC publishes a 'Five Year Fingerprinting Letter to Providers (PDF)'. Notification is by e-mail from the agency's CLARIS system: 'The Kansas Office of Early Childhood (KOEC) Child Care Licensing (CCL) team will provide email notification when it's your time to get fingerprinted.' THE FEE: $48 PER PERSON PER FINGERPRINT-BASED CHECK - WAIVED, THEN REINSTATED. K.A.R. 28-4-95, 'Fee for fingerprint-based background checks', effective November 26, 2018 (Kansas Register Vol. 37, No. 45): 'Each applicant, applicant with a temporary permit, and licensee shall submit a nonrefundable fee of $48 to the department for the cost of each required fingerprint-based background check, as follows: (a) For each day care home, group day care home, child care center, and preschool, each individual specified in K.A.R. 28-4-125; (b) for each school-age program, each individual specified in K.A.R. 28-4-584; and (c) for each drop-in program, each individual specified in K.A.R. 28-4-705.' The prior entry gave the $48 figure and cited it to 'K.A.R. 28-4-95' - CONFIRMED as to amount, though the prior entry's inline citation to that fee inside the background-check paragraph did not flag that the fee had been suspended and restored.

KOEC's 'Fees' notice, read 2026-08-25: 'Background Check Fees Reinstated - As communicated to licensed providers on December 3, 2025, KOEC has resumed charging $48 for the cost of comprehensive background check fees. These fees were temporarily waived due to the availability of federal funds. Those funds expired on January 1, 2026.' WHICH FAMILY-CHILD-CARE-HOME ROLES ARE CHARGED, PER KOEC'S OWN TABLE. Charged $48 ('Comprehensive - Fingerprint Background check required'): 'Employee Unspecified, Owner/Operator, Individual, Primary Care Provider, Resident and Employee, Resident 18 years and older, Resource Specialist Unsupervised, Substitute, Volunteer Unsupervised'. NOT charged ('Fee not currently assessed'): 'Intern/Student Observer, Resident 10 through 17 years, Volunteer Supervised, Resource Specialist Supervised'. That table is the cleanest available statement of which household members and helpers get which tier of check. HOW THE FINGERPRINTS ACTUALLY GET TAKEN - THE MECHANICAL DETAIL. Step 1, a waiver: KOEC offers a digital waiver ('The digital option is fast and secure. Upon completion, your fingerprint waiver will be automatically sent to KOEC, and a copy will be emailed to you') hosted on ArcGIS Survey123, or a 'Paper Fingerprint Waiver (PDF)' - form CCL 601, 'Fingerprint Waiver and FBI Privacy Form' - to be mailed to 'KOEC Child Care Licensing, 915 SW Harrison St, Suite 320, Topeka, KS 66612', e-mailed, or faxed to 785-559-4244. Step 2, find a KBI-authorized location; KOEC notes 'The Child Care Licensing team offers free fingerprinting at events across the state.'

Step 3, either LiveScan digital capture (transmitted electronically to KBI, or printed to a card that the applicant mails in) or an ink card obtained 'from your local licensing surveyor (PDF) or your facility's administrator' - and note the warning: 'Return envelopes are no longer available from your surveyor or Child Care Licensing. Please make sure to return the fingerprint card in an envelope large enough so the card is not bent or folded. Any bent or folded card received by Child Care Licensing will not be accepted and you will be notified that you will need to get fingerprinted again.' Step 4, at the appointment, bring: 'Government-issued photo ID; KOEC OCA# assigned (unique to the person); Required KBI Information form (PDF) with KOEC OCA# written on the form (form only required at Law Enforcement locations); and KOEC Child Care Licensing Originating Identifier (ORI) code KS920100Z. This code is required at all fingerprinting locations to ensure the KBI sends the results to KOEC CCL.' Initial applicants get a priority path: 'To flag your fingerprints as a priority to process, please view the Fingerprint Instructions (PDF).'

WHAT DISQUALIFIES. K.S.A. 75-7719(a): 'No person shall knowingly maintain a day care facility if an employee in this state or in other states or the federal government: (1)(A) Has been convicted of a crime that is classified as a person felony under the Kansas criminal code; (B) has been convicted of a felony under K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 ... or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009; (C) has been convicted of any act that is described in articles 34, 35 or 36 of chapter 21 ... prior to their repeal, or article 54, 55 or 56 of chapter 21 ... or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424 ... or been convicted of an attempt ... or conspiracy ... to commit such act, or similar statutes of any other state or the federal government; (D) has been convicted of any act that is described in K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401 ...; or (E) has been convicted of any act that is described in K.S.A. 21-3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812 ...;

(2) ... has been adjudicated a juvenile offender because of having committed an act which, if committed by an adult, would constitute the commission of a felony and that is a crime against persons [etc.]; (3) has been convicted or adjudicated of a crime that requires registration as a sex offender under the Kansas offender registration act, K.S.A. 22-4901 et seq., ... as a sex offender in any other state or on the national sex offender registry; (4) has committed an act of physical, mental or emotional abuse or neglect or sexual abuse and is listed in the child abuse and neglect registry maintained by the Kansas department for children and families pursuant to K.S.A. 38-2226 ... or any similar child abuse and neglect registries maintained by any other state or the federal government and: (A) Has failed to successfully complete a corrective action plan that has been deemed appropriate and approved by the Kansas department for children and families ...; or (B) such person's record has not been expunged; (5) has had a child removed from the home based on a court order pursuant to K.S.A. 38-2251 ... and the child has not been returned to the home ... and such person has failed to satisfactorily complete a corrective action plan ...;

(6) has had parental rights terminated pursuant to the revised Kansas code for care of children, or a similar statute of other states; (7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et seq. ... or an immediate intervention agreement pursuant to K.S.A. 38-2346 ... involving a charge of child abuse or a sexual offense; or (8) has an infectious or contagious disease.'

Note (8): a communicable disease is a statutory disqualifier, which is why the K.A.R. 28-4-126 health status form and TB record sit next to the criminal check rather than in a separate silo. TWO GUARDIANSHIP RULES. K.S.A. 75-7719(b): 'Notwithstanding the provisions in subsection (a), no person shall maintain a day care facility if such person has been found to be a person in need of a guardian or a conservator, or both, as provided in K.S.A. 59-3050 through 59-3095.' K.S.A. 75-7719(c): 'Any person who resides in a day care facility and who has been found to be in need of a guardian or a conservator, or both, shall be counted in the total number of children allowed in care.' 'EMPLOYEE' IS DEFINED FAR MORE BROADLY THAN THE WORD SUGGESTS. K.S.A. 75-7708(a)(7): '"Employee" means a person working, regularly volunteering or residing in a day care facility.' A live-in relative is an 'employee' for disqualification purposes. 'Regularly volunteering' is itself defined at K.A.R. 28-4-122(b)(12): 'working in a facility without compensation on a recurring basis. This term shall not apply to guest speakers or to individuals who make one or more presentations on a specific subject.'

And 'volunteer' at K.A.R. 28-4-122(b)(19): 'an individual 14 years of age or older who is working in the facility without compensation.' AGENCY ACCESS AND PROCESS RIGHTS. K.S.A. 75-7719(d) gives the director access to 'any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information, including, but not limited to, diversion agreements in the possession of the Kansas bureau of investigation and any report of investigations as authorized by K.S.A. 38-2226'. K.S.A. 75-7719(e): 'the director is authorized to conduct national criminal history record checks ...

In order to conduct a national criminal history check, the director shall require fingerprinting for identification and determination of criminal history in accordance with K.S.A. 22-4714.' K.S.A. 75-7719(h): 'The director shall notify the day care applicant or licensee within seven days by certified mail, with return receipt requested, when the result of the national criminal history record check or other appropriate review reveals unfitness specified in subsection (a)(1) through (a)(8) of the person who is the subject of the review.' K.S.A. 75-7719(i): 'No day care facility or the employees thereof shall be liable for civil damages to any person who is refused employment or discharged from employment by reason of such facility's compliance with this section, if such facility acts in good faith to comply with this section.' K.S.A. 75-7719(j) protects the registry-listed person: they may not be barred 'unless such person has: (1) Had an opportunity to be interviewed and present information during the investigation of the alleged act of abuse or neglect; and (2) been given notice of the agency decision and an opportunity to appeal such decision to the director and to the courts pursuant to the Kansas judicial review act.' A new dedicated fund pays for the checks: K.S.A. 75-7719(g), 'The day care criminal background and fingerprinting fund is hereby created in the state treasury to be administered by the director of the Kansas office of early childhood.'

THE FORMS. CCL 002, 'Background and Registry Checks for Child Care Facilities'; CCL 002a, 'Affiliate Roles for Family Child Care Home' (this is the sheet that tells you which of your household members and helpers falls into which role, and therefore which tier of check and whether the $48 applies); CCL 601, 'Fingerprint Waiver and FBI Privacy Form'. KOEC also publishes a 'common prohibited offenses (PDF)' explainer and warns: 'By submitting the names of your affiliates to Child Care Licensing, you are attesting to the fact that you are not knowingly maintaining a child care facility if there resides, works, or regularly volunteers any person who is prohibited pursuant to K.S.A. 65-516.'

Is this legal advice?

No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.

Kansas changes its rules — we'll tell you

Getting licensed takes months, and states revise these numbers. Leave your email and we'll write to you when Kansas's requirements change. Nothing else, ever — and you can unsubscribe from any message.

Source: PRIMARY - LEGISLATURE AND CODIFIED STATUTE: 2025 House Bill 2045, enrolled text (Kansas Legislature) https://www.kslegislature.gov/li/b2025_26/measures/documents/hb2045_enrolled.pdf ; bill page https://www.kslegislature.gov/b2025_26/bills/HB2045/ ; Kansas Office of Revisor of Statutes, current text of K.S.A. 65-503 https://www.ksrevisor.gov/statutes/chapters/ch65/065_005_0003.html , 65-504 https://www.ksrevisor.gov/statutes/chapters/ch65/065_005_0004.html , 65-516 https://www.ksrevisor.gov/statutes/chapters/ch65/065_005_0016.html , 65-538 (professional development; ratio-update mandate; licensure exemption) https://www.ksrevisor.gov/statutes/chapters/ch65/065_005_0038.html , 65-540 (no residency requirement) https://www.ksrevisor.gov/statutes/chapters/ch65/065_005_0040.html , 65-541 (waivers) https://www.ksrevisor.gov/statutes/chapters/ch65/065_005_0041.html , 65-542 (pilot programs) https://www.ksrevisor.gov/statutes/chapters/ch65/065_005_0042.html ; and the new day care licensing act at K.S.A. 75-7701 through 75-7728, https://www.ksrevisor.gov/statutes/chapters/ch75/075_077_0001.html (office established), .../075_077_0003.html (director's duties; programs transferred), .../075_077_0005.html (deputy director of child care licensure and finance; ombudsman), .../075_077_0007.html (licence required; exemptions), .../075_077_0008.html (definitions), .../075_077_0009.html (licences; posting;

temporary permits; revocation), .../075_077_0010.html (fees - no annual fee for a day care facility), .../075_077_0012.html (records), .../075_077_0013.html (operating requirements; safe sleep; immunisations), .../075_077_0015.html (annual inspection; surveyor certification), .../075_077_0019.html (background checks; disqualifications; fingerprinting), .../075_077_0023.html (civil fines), .../075_077_0025.html (continuation of existing licences), .../075_077_0026.html (smoking; bold-print statement on the licence; fire extinguisher), .../075_077_0028.html (online information dissemination).

PRIMARY - SECRETARY OF STATE / KANSAS REGISTER: Kansas Register, Vol. 43, No. 29, July 18, 2024, pp. 1082-1096, 'Department of Health and Environment - Permanent Administrative Regulations - Article 4.-MATERNAL AND CHILD HEALTH' (the adopted, effective-August-2-2024 text of K.A.R. 28-4-113, 28-4-114, 28-4-114a, 28-4-115, 28-4-116, 28-4-116a, 28-4-117, 28-4-118, 28-4-122, 28-4-123, 28-4-124, 28-4-126, 28-4-127, 28-4-128, 28-4-129, 28-4-130, 28-4-131, 28-4-132, 28-4-133) https://www.sos.ks.gov/publications/register/Volume-43/PDF/Vol-43-No-29-July-18-2024.pdf ; Kansas Register, Vol. 45, Issue 20, May 14, 2026, Doc. No. 054173, KDHE 'Notice of Hearing on Proposed Administrative Regulations' (hearing 10:00 a.m. Monday, July 13, 2026; proposed amendments to K.A.R. 28-4-92, 28-4-113, 28-4-114, 28-4-114a and others; economic impact quantifying the 16-to-10 training reduction and the elimination of licensing fees) https://sos.ks.gov/publications/Register/Volume-45/Issues/Issue-20/05-14-26-54173.html ; Kansas Administrative Regulations home / rules portal https://www.sos.ks.gov/publications/kansas-administrative-regulations.html and https://rules.ks.gov/ .

AGENCY - KANSAS OFFICE OF EARLY CHILDHOOD (the licensor since July 1, 2026): Child Care Licensing landing page, with the 'Transition', 'Fees', 'Bulletin', 'Trainings' and 'Regulations' notices quoted in this entry https://www.koec.ks.gov/providers/child-care-licensing ; About KOEC https://www.koec.ks.gov/about-koec ; How to Open a Licensed Child Care Facility (the five-step process) https://www.koec.ks.gov/providers/child-care-licensing/how-to-open-a-licensed-child-care-facility ; Background Check Information (ORI KS920100Z, five-year re-fingerprinting, waivers, out-of-state rules) https://www.koec.ks.gov/providers/child-care-licensing/background-check-information ; Forms and Applications - Family Child Care Homes (the CCL form numbers and links used above) https://www.koec.ks.gov/providers/child-care-licensing/forms-and-applications/family-child-care-homes ; Regulations and Policy Exemptions (regulation books and standing policy exceptions) https://www.koec.ks.gov/providers/child-care-licensing/regualtions-and-policy-exemptions ; Types of Licensed Care (family child care home description; unregulated care band; 'There is no longer a state licensing fee') https://www.koec.ks.gov/providers/child-care-licensing/provider-and-parent-resources/types-of-licensed-care ;

compiled 'KANSAS LAWS AND REGULATIONS FOR LICENSING FAMILY CHILD CARE HOMES, AUGUST 2024' (76 pp.) https://www.koec.ks.gov/home/showpublisheddocument/464/639099415348770000 ; 'Family Child Care Home Capacity Visual' (KAR 28.4.114 v.4) https://www.koec.ks.gov/home/showpublisheddocument/514/639099467168900000 ; CCL 208 'Guidelines for Orientation and Professional Development Training' Rev. 07/2025 (the 10-clock-hour statement) https://www.koec.ks.gov/home/showpublisheddocument/332/639098691881100000 ; CCL 008 'Licensing Child Care in Kansas' Rev. 10/2025 https://www.koec.ks.gov/home/showpublisheddocument/352/639098703433170000 . AGENCY - KDHE (superseded, cited only to show it has stood down): https://www.kdhe.ks.gov/280/Child-Care-Licensing ('This page is no longer being updated. For new information please visit the Kansas Office Of Early Childhood Child Care Licensing page.').

CROSS-CHECK ONLY (secondary mirror, used to corroborate the 2018 text of two regulations whose Kansas Register issues are no longer retrievable from the Secretary of State): Cornell Legal Information Institute, Kan. Admin. Regs. Sec. 28-4-125 https://www.law.cornell.edu/regulations/kansas/K-A-R-28-4-125 , Sec. 28-4-92 https://www.law.cornell.edu/regulations/kansas/K-A-R-28-4-92 , Sec. 28-4-95 https://www.law.cornell.edu/regulations/kansas/K-A-R-28-4-95 . OTHER AGENCIES NAMED IN THE RULES: Office of the Kansas State Fire Marshal, Education - Childcare https://firemarshal.ks.gov/209/Education-Childcare (fire inspection under K.A.R. 28-4-115(d)-(e)); Kansas Bureau of Investigation (criminal history checks, K.A.R. 28-4-125(b),(d)); Kansas Department for Children and Families (child abuse and neglect registry, K.S.A. 38-2226, referenced by K.S.A. 75-7719(a)(4)); Kansas Child Care Training Opportunities / CAPE registry (yourcape.org) for KOEC-approved training. ALL URLS ABOVE WERE RETRIEVED ON 2026-08-25. koec.ks.gov and kdhe.ks.gov both refuse direct requests from this environment (403 / Cloudflare interstitial) and were read through a text-extraction reader proxy against the live pages; sos.ks.gov, kslegislature.gov, ksrevisor.gov and law.cornell.edu were read directly.

Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.