922 KAR 2:210. STARS for KIDS NOW Program for Type II licensed and certified family child care homes.

922 KAR 2:210. STARS for KIDS NOW Program for Type II licensed and certified family child care homes.

RELATES TO: KRS 13B.125, 199.894, 199.8941, 199.8943, 199.896(4), 199.8982, 199.8992, 199.990, 42 U.S.C. 601-619, 45 C.F.R. 98

STATUTORY AUTHORITY: KRS 194A.050(1), 199.8941(1), 199.8943(2)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary under applicable state laws to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of the individual citizens of the Commonwealth. KRS 199.8943(2) requires the Cabinet for Health and Family Services to promulgate an administrative regulation that implements a voluntary quality-based graduated child care rating system for family child care homes; agency time frames for review of quality ratings; an appeals process under KRS Chapter 13B; and a process for the reevaluation of quality ratings. KRS 199.8941(1) requires the Early Childhood Development Authority to develop a program of monetary incentives tied to participation in a quality rating system. This administrative regulation establishes criteria for implementation of the voluntary quality rating system for Type II licensed child care centers and certified family child care homes and establishes the amount of each monetary incentive awarded to a participant in the STARS for KIDS NOW Quality Rating Program.

Section 1. Definitions. (1) "Certified family child care home" means a home in the program established by KRS 199.8982.

(2) "Commonwealth Child Care Credential" means a certificate of completion of sixty (60) clock hours of instruction from a state agency-approved organization in accordance with 922 KAR 2:250.

(3) "Environment rating scale" means one (1) of four (4) rating scales designed to assess the process quality in an early childhood or school age care group, and consists of the following items to evaluate:

(a) Physical environment;

(b) Basic care;

(d) Interaction;

(e) Schedule and program structure; and

(f) Parent and staff education.

(4) "Family child care home" is defined in KRS 199.894(5).

(5) "Parental or family participation" means involvement of a parent or custodian in a Type II center or family child care home's attempt to provide information or include the parent or custodian in the center or home's activities, such as:

(a) Distribution of a newsletter;

(b) Distribution of a program calendar;

(d) Other activity designed to engage a parent or custodian in the program’s activities.

(6) "STARS for KIDS NOW Program" or "STARS" means the voluntary quality-based graduated childcare rating system established by KRS 199.8943(1).

(7) "Type II Center" means a child care center licensed by the cabinet or its designee in accordance with 922 KAR 2:090; 2:110, and 2:120 and that provides care:

(a) In a home or dwelling unit that is the full-time residence of the licensee; and

(b) For at least seven (7), but not more than twelve (12) children.

Section 2. Application. (1) A Type II center or a certified family child care home may:

(a) Apply to participate in the STARS program after six (6) months from the date of initial licensure or certification; and

(b) Achieve a quality rating certificate of Level 1 through Level 4.

(2) If an applicant seeks participation in STARS as a Level 1 quality rating certificate:

(a) The applicant shall complete a:

1. "DCC-400, Level 1 Rating Certificate Application"; and

2. "DCC-401, STARS for KIDS NOW-Level 1 Standards Check List"; and

(b) The cabinet or its designee shall verify on the DCC-401, the applicant's documented compliance with the Level 1 requirements described in Section 3 of this administrative regulation.

(3) If an applicant seeks a Level 2, 3, or 4 quality rating certificate, the:

(a) Applicant shall complete a "DCC-405, STARS for KIDS NOW Rating Visit Request Form"; and

(b) Cabinet or its designee:

1. Shall contact the applicant within fifteen (15) working days to schedule a STARS rating visit, upon receipt of a completed DCC-405;

2. And the applicant shall agree to a two (2) week time period for the STARS rating visit to occur; and

3. Shall issue to an approved applicant, within sixty (60) calendar days from the date of the STARS rating visit, a quality rating certificate that shall:

a. Be valid for a period specified in Section 8(3) of this administrative regulation; and

b. Specify the rating level approved for the Type II center or family child care home.

(4) For the purpose of redetermining the center’s or home's rating, a participant in the STARS Program may request, at least six (6) months after issuance of a quality rating certificate, another rating visit.

(5) A Type II center or family child care home applying or participating in the STARS program shall:

(a) Not have an immediate closure, denial of relicensure or recertification, suspension, or revocation action against the center's license or home's certificate; and

(b) Pay any civil penalty levied against the center or home if the:

1. The right to appeal a civil penalty has been waived; or

2. Civil penalty has been upheld on appeal.

Section 3. Level 1 Quality Rating Certificate Requirements. (1) A Type II center or family child care home:

(a) Shall not be allowed to hold a Level 1 quality rating certificate for more than two (2) years; and

(b) May reapply for participation six (6) months after expiration of the Level 1 quality rating certificate.

(2) A Type II center or family child care home participating in STARS and holding a Level 1 quality rating certificate shall:

(a) Post prominently in the home, and maintain compliance with:

1. Capacity requirements established in 922 KAR 2:100, Section 10, if the STARS participant is a certified family child care home; or

2. Following staff-to-child ratios if the participant is a licensed Type II center:

Type II child day care home
Age of Children	Ratio
Birth to 1 year	1:5
1 to 2 years	1:6
2 to 3 years	1:10
3 and older	1:12

(b) If the participant is a:

1. Certified family child care home, comply with the requirements set forth in 922 KAR 2:100; or

2. Licensed Type II center, comply with the requirements established in:

a. 922 KAR 2:090, Child care center licensure;

b. 922 KAR 2:110, Child care facility provider requirements; and

c. 922 KAR 2:120, Child care facility health and safety standards;

(d) Agree to an assessment in which the environment rating scale shall be used under the following conditions:

1. The environment rating scale shall be conducted by the Type II center or family child care home with assistance, if requested, from the cabinet or its designee within the first twelve (12) months of participation in the program;

2. The Type II center or family child care home shall not be required to achieve a specific score on the environment rating scale; and

3. Upon completion of the environment rating scale during the second year of certification at a Level 1 quality rating, the Type II center or family child care home shall develop a written plan, with assistance from the cabinet or its designee, if requested, for improved performance in each area identified by the environment rating scale as needing improvement;

(e) Post in a prominent area, the Type II center or family child care home's:

1. Planned program of activities; and

2. Daily schedule;

(f) Coordinate at least one (1) annual activity involving parental or family participation;

(g) Maintain a written child care agreement with each child’s parent or custodian, including the name of each person designated by the parent to pick up the child;

(h) Maintain a written description of services that includes:

1. Current rates for child care;

2. Hours of operation;

3. A plan for daily communication with each child’s parent or custodian; and

4. Policy regarding:

a. Late fees;

b. Holidays;

c. Vacation;

d. Illness; and

e. How an arrangement shall be made for an individual, other than one (1) previously designated by the parent, to pick up a child;

(i) Comply with 922 KAR 2:160, Child Care Assistance Program (CCAP); and

(j) In the case of a:

1. Certified family child care home, develop and implement a written plan for obtaining annual training required by KRS 199.8982(2); or

2. Licensed Type II center, develop and implement a written annual plan for obtaining training for each employee, including the licensee.

Section 4. Level 2 Quality Rating Certificate Requirements. A Type II center or family child care home participating in STARS and holding a Level 2 quality rating certificate shall:

(1) Meet the requirements of Sections 2(3) and 3(2)(a) through (c), (e), and (g) through (j) of this administrative regulation;

(2) Coordinate at least two (2) annual activities that involve parental or family participation;

(3) Provide documentation of a written plan for parental or family involvement;

(4) Achieve an average score of at least three (3) on the environment rating scale portion of the STARS rating visit;

(5) If the Type II center or family child care home achieves an average score of three (3) on the environment rating scale portion of the STARS rating visit, develop a written plan, with assistance from the cabinet or its designee, for improved performance on subsequent environment rating scale;

(6) Achieve an average score of at least four (4) on the environment rating scale portion of the STARS rating visit by the fourth year of certification at a Level 2 quality rating;

(7) Maintain an overall average score of four (4) on the environment rating scale portion of the STARS rating visit for each year beyond the fourth year of certification at a Level 2 quality rating;

(8) Review and sign the "DCC-402, STARS for KIDS NOW-Level 2 Standards Checklist" during the STARS rating visit;

(9) Ensure that at least one (1) person on duty is certified in infant and child:

(a) Cardiopulmonary resuscitation; and

(b) First aid;

(10) Meet the training requirement as follows:

(a) If the STARS participant is a:

1. Certified family child care home, complete three (3) clock hours of early care and education training approved by the cabinet or its designee annually, beyond the six (6) hour requirement specified in 922 KAR 2:100;

2. Type II center, the licensee and each staff person shall complete three (3) clock hours of early care and education training approved by the cabinet or its designee annually, beyond the twelve (12) hour requirement specified in 922 KAR 2:110;

(b) Obtain a Commonwealth Child Care Credential;

(d) Complete the Director’s Credential or an equivalent credential approved by the Early Childhood Development Authority;

(e) Have a Montessori Certificate; or

(f) Have an associate or higher level of education in:

1. Interdisciplinary early childhood education;

2. Early childhood special education;

3. Early childhood education;

4. Early care and education;

5. Elementary education for teaching kindergarten through fourth grade, if the center or home cares for school-age children; or

6. A related degree approved by the Early Childhood Development Authority;

(11) In the case of a Type II center, comply with the provisions of:

(a) 11 KAR 16:040, Early Childhood Development Scholarship Program recordkeeping requirements; and

(b) 11 KAR 16:060, Early Childhood Development Scholarship Program system of monetary incentives; and

(12) Provide proof that a recordkeeping system is maintained, including:

(a) Documentation of child care business expenses; and

(b) Income from the business.

Section 5. Level 3 Quality Rating Certificate Requirements. A Type II center or family child care home participating in STARS and holding a Level 3 quality rating certificate shall:

(1) In the case of a:

(a) Certified family child care home, have an assistant if the center cares for at least six (6) children and more than three (3) are infants or children under the age of twenty-four (24) months;

(b) Type II center, meet the following staff-to-child ratios:

Age of Children	Ratio
Birth - 1 year	1:4
1 to 2 years	1:5
2 to 3 years	1:8
3 and older	1:12

(2) Meet the requirements of Sections 2(3) and 3(2)(b), (c), and (e) through (j) of this administrative regulation;

(3) Coordinate at least three (3) annual activities involving pa-rental or family participation;

(4) Achieve an average score of at least 4.5 on the environment rating scale portion of the STARS rating visit;

(5) Achieve a score of at least five (5) on the environment rating scale portion of the STARS rating visit pertaining to the use of television;

(6) Review and sign the "DCC-403, STARS for KIDS NOW-Level 3 Standards Checklist" during the STARS rating visit;

(7) Meet the requirements of Section 4(3), (9), (11), and (12) of this administrative regulation;

(8) Provide each parent or custodian with a:

(a) Written daily report for a child under two (2) years of age; and

(b) Handbook containing a description of the center or home's policies;

(9) Meet the training requirement as follows:

(a) A certified family child care home shall:

1.a. Complete eighteen (18) clock hours of early care and education training approved by the cabinet or its designee annually; or

b. Obtain a higher level of education as specified in Section 4(10)(b) through (f) of this administrative regulation; and

2. By the fourth year of participation in the STARS Program, have obtained a Child Development Associate's Credential or higher level of education as specified in Section 4(10) (d) through (f) of this administrative regulation.

(b) A Type II center shall:

1. Ensure that each staff person:

a. Completes eighteen (18) clock hours of early care and education training approved by the cabinet or its designee annually; or

b. Has a higher level of education described in Section 4(10) (b) through (f) of this administrative regulation;

2. Ensure that the director:

a. Completes twenty-one (21) clock hours of early care and education training approved by the cabinet or its designee annually; or

b. Has a higher level of education as specified in Section 4(11)(b) through (f) of this administrative regulation; and

3. By the fourth year of participation in STARS, have obtained a Child Development Associate's Credential or higher level of education as specified in Section 4(10) (d) through (f) of this administrative regulation; and

(10) Ensure that each assistant has:

(a) Attended basic orientation training; and

(b) Obtained three (3) hours of early care and education training approved by the cabinet or its designee annually.

Section 6. Level 4 Quality Rating Certificate Requirements. A Type II center or family child care home participating in STARS and holding a Level 4 quality rating certificate shall:

(1) Not exceed nine (9) children if a certified family child care home;

(2) Meet the requirements of Section 3(2)(b) (c), (e), and (g) through (j) of this administrative regulation;

(3) Coordinate at least four (4) annual activities involving parental or family participation;

(4) Meet the requirements of Sections 2(3), 4(3), (9), (11), and (12), and 5(6) of this administrative regulation;

(5) Meet the requirements of Section 5(1), (5), (8) and (10) of this administrative regulation;

(6) Achieve an average score of at least 5.5 on the environment-rating scale portion of the STARS rating visit;

(7) Review and sign the "DCC-404, STARS for KIDS NOW-Level 4 Standards Checklist";

(8) Be accredited by:

(a) The National Association for Family Child Care; or

(b) An organization approved by the Early Childhood Development Authority;

(9) Show proof of membership in an early childhood professional organization that has national, multi-state, regional, or statewide affiliation; and

(10) Meet the following relevant training requirement:

(a) A Type II center or family child care home shall:

1. Have a higher level of education as specified in Section 4(10) (c) through (f) of this administrative regulation; and

2. Complete the Director’s Credential or an equivalent credential approved by the Early Childhood Development Authority; and

(b) Each staff person employed by a Type II center shall:

1. Complete twenty-one (21) clock hours of early care and education training approved by the cabinet or its designee annually; or

2. Have a higher level of education as specified in Section 4(10) (b) through (f) of this administrative regulation.

Section 7. STARS Achievement and Quality Incentive Awards. To the extent that funds are available, the cabinet shall pay achievement and quality incentive awards.

(1) Achievement award.

(a) A one (1) time STARS achievement award shall be awarded to a Type II center or family child care home that achieves a STARS rating, according to the following chart:

Level 1	Level 2	Level 3	Level 4
$100	$250	$500	$1,000

(b) A Type II center or family child care home that achieves a STARS level greater than a Level 1 shall receive an achievement award for each STARS level up to and including the approved STARS level.

(2) Quality incentive award.

(a) A Level 1 STARS rated Type II center or family child care home shall not be eligible to receive a quality incentive award.

(b) A quality incentive award shall be calculated and paid for each child served by the Child Care Assistance Program as described in 922 KAR 2:160.

STARS Level	Amount per month per child under age three (3)	Amount per month per child age three (3) and over
Level 2	$10	$9
Level 3	$13	$12
Level 4	$15	$14

(d) A quality incentive award shall be paid to a qualified STARS participant at least annually

Section 8. Renewal of a Quality Rating Certificate. (1) The cabinet or its designee shall notify a participating Type II center or family child care home at least ninety (90) calendar days before expiration of the center or home’s quality rating certificate.

(2) A participating Type II center or family child care home shall submit a DCC-405 written request to the cabinet or its designee for a quality rating visit at least sixty (60) calendar days prior to expiration of the quality rating certificate.

(3) A quality rating certificate shall be renewed by a quality rating visit:

(a) Annually for a Level 1 rated Type II center or home;

(b) Every two (2) years for a Level 2 rated Type II center or home;

(d) Every four (4) years for a Level 4 rated Type II center or home.

Section 9. Conditions Requiring Reevaluation. Reevaluation of a participating Type II center or family child care home’s quality rating certificate and associated level shall be conducted if the:

(1) Location of the center or home changes;

(2) Center or home requests a reevaluation in accordance with Section 2(4) of this administrative regulation; or

(3) Cabinet or its designee determines a need to reassess the center or home’s STARS participation or quality rating certificate level due to reports or findings related to a reduction in the center or home’s quality of care or services.

Section 10. Conditions Requiring Revocation. (1) A Type II center or family child care home’s quality rating certificate shall be revoked for:

(a) Closure pursuant to KRS 13B.125, 199.896(4) and 199.8982(1)(f);

(b) Denial of recertification or relicensure;

(d) Failure to comply with the requirements of 922 KAR 2:160;

(e) Failure to:

1. Comply with payment of a civil penalty levied against the center or home, if:

a. The center or home waived the right to appeal the civil penalty; or

b. The civil penalty has been upheld on appeal; or

2. Make payment arrangements for a civil penalty within sixty (60) days and comply with that arrangement; if:

a. The center or home waived the right to appeal the civil penalty; or

b. The civil penalty has been upheld on appeal.

(f) Two (2) or more civil penalties levied against the center or home in the previous twelve (12) months, in accordance with KRS 199.990; or

(g) A change in ownership.

(2) Payment of a quality incentive award shall cease upon revocation of a quality rating certificate.

Section 11. Quality Rating Certificate. A quality rating certificate shall be returned to the cabinet or its designee if:

(1) The certificate is revoked;

(2) The certificate is not renewed; or

(3) The center or home voluntarily withdraws from the STARS.

Section 12. Appeals. (1) If the cabinet or its designee determines that a participating Type II center or family child care home does not meet the rating level standards for which it is certified, the center or home shall:

(a) Accept a lower rating level; or

(b) Request an administrative hearing in accordance with 922 KAR 1:320, Section 2(11).

(2) Payment of a quality incentive award shall be held in abeyance pending resolution of appeal of a reduced quality rating certificate level.

(3) If denial, suspension, or revocation of a Type II center or family child care home’s certificate or license to operate is reversed upon appeal, the:

(a) Center or home may reapply for participation in the STARS; or

(b) Cabinet may reinstate a center or home’s STARS quality rating certificate and associated level if the:

1. Center or home submits a request for reinstatement; and

2. Center’s or home's STARS quality rating certificate and licensure has not expired.

Section 13. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "DCC-400, Level 1 Rating Certificate Application", edition 9/06;

(b) "DCC-401, STARS for KIDS NOW-Level 1 Standards Checklist", edition 9/06;

(d) "DCC-403, STARS for KIDS NOW-Level 3 Standards Checklist", edition 9/06;

(e) ‘DCC-404, STARS for KIDS NOW-Level 4 Standards Checklist", edition 9/06; and

(f) "DCC-405, STARS for KIDS NOW-Rating Visit Request Form", edition 07/06.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (28 Ky.R. 2753; Am. 29 Ky.R. 467; eff. 8-12-2002; 33 Ky.R. 646; 1414; 1597; eff. 12-11-06.)