CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Child Care
(Amendment)
922 KAR 2:210. STARS for KIDS NOW Program for Type
II licensed and certified family child-care [child care] homes.
RELATES TO: KRS Chapter 13B [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 [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 [child
care] centers and certified family child-care [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) "Anniversary date"
means the approval date on a STARS for KIDS NOW quality rating certificate.
["Certified family child care home" means a home in the program
established by KRS 199.8982.]
(2) "Assistant" means a person:
(a) Who meets the requirements listed in 922 KAR 2:100, Sections 2(4) and 9(7), (8), (9); and
(b) Who works either paid or unpaid.
(3) "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.
(4)[(3)] "Environment assessment[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;
(c) Curriculum;
(d) Interaction;
(e) Schedule and program structure; and
(f) Parent and staff education.
(5)[(4)] "Family child-care [child
care] home" means a certified family child-care home as [is]
defined by KRS 199.8982 and [in] KRS 199.894(5).
(6)[(5)] "Parental or family
participation" means [involvement of a parent or custodian in] a Type
II center or family child-care [child care] home's provision
of [attempt to provide] information or inclusion of a [include
the] parent or custodian in the Type II center or family
child-care home's activities, such as:
(a) Distribution of a newsletter;
(b) Distribution of a program calendar;
(c) A conference between the Type II center or family child-care home and a parent or custodian; or
(d) Other activity designed to engage a parent or custodian in the program’s activities.
(7)[(6)] "STARS for KIDS NOW
Program" or "STARS" means the voluntary quality-based graduated
childcare rating system established by KRS 199.8943(1).
(8) "Type II child-care center" means the
primary residence of the licensee in which child care is regularly provided for
seven (7), but not more than twelve (12) children, including children related
to the licensee. [(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 [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-401, and 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-401 and 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 11[8](3)
of this administrative regulation; and
b. Specify the rating level approved for the Type II
center or family child-care [child care] home.
(4) For the purpose of redetermining the Type II center’s or family child-care 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 [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 Type II center's license or home's certificate; and
(b) Pay any civil penalty levied against the Type II center or family child-care 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 [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 [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 the:
1. Capacity requirements established in 922 KAR 2:100,
Section 10, if the STARS participant is a [certified] family child-care
[child care] home; or
2. Following staff-to-child ratios if the participant
is a [licensed] Type II center:
|
Type II center [ |
|
|
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 [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;
(c) Attend an overview of STARS prior to program participation;
(d) Agree to an [assessment in which the]
environment assessment [rating scale shall be used] under the
following conditions:
1. The environment assessment [rating scale]
shall be conducted by the Type II center or family child-care [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 [child
care] home shall not be required to achieve a specific score on the
environment assessment [rating scale]; and
3. Upon completion of the environment assessment
[rating scale] during the second year of certification at a Level 1
quality rating, the Type II center or family child-care [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 assessment [rating scale] as needing improvement;
(e) Post in a prominent area, the Type II center or
family child-care [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 [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 [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 assessment [rating scale] portion of the STARS
rating visit;
(5) If the Type II center or family child-care [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, if requested, for improved
performance on subsequent environment assessment [rating scale];
(6) Achieve an average score of at least four (4) on
the environment assessment [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 assessment [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) A [If the STARS participant is a:
1. Certified] family child-care [child
care] home, complete nine (9) [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];
or
(b) A [2.] Type II center shall have
[,] the licensee and each staff person [shall] annually
complete fifteen (15) [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;
(c) Have a Child Development Associate’s
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 [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 [child
care] home, have an assistant if the home [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; or
(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), (g) through (j) of this administrative regulation;
(3) Coordinate at least three (3) annual activities involving parental or family participation;
(4) Achieve an average score of at least 4.5 on the
environment assessment [rating scale] portion of the STARS rating
visit;
(5) Achieve a score of at least five (5) on the
environment assessment [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 Type II the center or family child-care home's policies; and
(9) Meet the training requirement as follows:
(a) A certified family child-care [child
care] home operator shall:
1.[a.] Complete eighteen (18) clock hours of
early care and education training approved by the cabinet or its designee
annually; or
2. Complete nine (9) clock hours of early care and education training approved by the cabinet or its designee and have one of the following:
a. A Commonwealth Child Care Credential;
b. A Child Development Associates Credential;
c. A Director's Credential or an equivalent credential approved by the Early Childhood Development Authority;
d. A Montessori Certificate;
e. An associate degree or higher level of education in:
(i) Interdisciplinary early childhood education;
(ii) Early childhood special education;
(iii) Early childhood education;
(iv) Early child care and education;
(vi) Elementary education for teaching kindergarten through fourth grade, if caring for school-age children; or
(vii) A related degree approved by the Early Childhood Development Authority;
[b. Obtain a higher level of education as specified
in Section 4(10)(b) through (f) of this administrative regulation; and]
3. [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 subsection
(9)(a)2(c) through (e) of this section;
4. Ensure that each assistant has:
a. Attended basic orientation training; and
b. Obtained six (6) hours of early care and
education training approved by the cabinet or its designee annually. [Section
4(10) (d) through (f) of this administrative regulation.]
b. Has a higher level of education as specified in subsection
(9)(a)2a through e of this section and completes eighteen (18) clock hours of
early care and education training approved by the cabinet or its designee
annually [Section 4(10) (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 subsection (9)(a)2c through e of this section [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 [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 [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), (6)[(5)],
(8), (9), and (10) of this administrative regulation;
(6) Achieve an average score of at least 5.5 on the
environment- assessment [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 director or family child-care
[child care] home operator shall:
1. Have a higher level of education as specified in
Section 5(9)(b)2 [4(10) (c)] through 5[(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 5(9)1 through 5 [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[.] to qualified
STARS participants.
(1) A [Achievement award.
(a) A one (1) time] STARS achievement award
shall be awarded to a Type II center or family child-care [child care]
home:
(a) The first time the Type II center or family
child-care home [that] achieves a STARS level [rating],
according to the following chart:
|
Level 1 |
Level 2 |
Level 3 |
Level 4 |
|
$100 |
$250 |
$500 |
$1,000 |
; and
(b) The first time and each subsequent time the
Type II center or family child-care home achieves a higher STARS level, [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) A Level 3 or 4 Type II center or family child-care home that continues to be a STARS rated provider shall be eligible for an annual achievement award during the month of their anniversary date as follows:
(a) $250 per year for a Level 3; or
(b) $500 per year for a Level 4.
Section 8. [(c) An achievement award shall
not be awarded more than one (1) time per STARS level achieved.
(2)]
Quality Incentive Awards. To the extent funds are available, the cabinet
shall pay quality incentive awards to qualified STARS participants.
(1) [Award. (a)] A Level 1 STARS rated
Type II center or family child-care [child care] home shall not
be eligible to receive a quality incentive award.
(2) [(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.
(3) [(c)] The following chart shall be
used when calculating the amount of a quality incentive award:
|
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 |
$14
[ |
$13
[ |
|
Level 4 |
$17
[ |
$16
[ |
(4) [(d)] A quality incentive award
shall be paid to a qualified STARS participant at least annually.
Section 9. Enhancement Award. To the extent funds are available the cabinet shall pay enhancement awards to qualified STARS participants.
(1) A Level 4 Type II center or family child-care home shall be eligible for an annual enhancement award of $500 during the month of their anniversary date when the Type II center or family child-care home:
(a) Achieves an average score above 5.5 (five and five-tenths) on the environment assessment; and
(b) Completes the DCC-404E, STARS for KIDS NOW-Level 4 Enhanced Standards Checklist.
Section 10. Interim Report.
(1) Except during a renewal year, a STARS level 2, 3, or 4 Type II center or family child-care home shall complete and submit to the cabinet or its designee prior to the anniversary date a:
(a) DCC-413, STARS for KIDS NOW Interim Report Standards Documentation; and
(b) DCC-414, STARS for KIDS NOW Interim Report Staff Training Documentation, for each staff person.
(2) The cabinet or its designee shall notify a participating Type II licensed or certified family child-care home of requirements in subsection (1) of this section at least ninety (90) calendar days prior to the anniversary date.
Section 11. [8.] Renewal of a Quality
Rating Certificate.
(1) The cabinet or its designee shall notify a
participating Type II center or family child-care [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
[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 family child-care home;
(b) Every two (2) years for a Level 2 rated Type II center or family child-care home;
(c) Every three (3) years for a Level 3 rated Type II center or family child-care home; and
(d) Every four (4) years for a Level 4 rated Type II center or family child-care home.
Section 12. [9.] Conditions Requiring
Reevaluation. (1) Reevaluation of a participating Type II center or
family child-care [child care] home’s quality rating certificate
and associated level shall be conducted if the:
(a) [(1)] Location of the Type II
center or family child-care home changes;
(b) [(2)] Type II center or family
child-care home requests a reevaluation in accordance with Section 2(4) of
this administrative regulation;
(c) [or (3)] Cabinet or its designee
determines a need to reassess the Type II center or the family
child-care home’s STARS participation or quality rating certificate level
due to reports or findings related to a reduction in the Type II center
or family child-care home’s quality of care or services; or
(d) Type II center or family child-care home fails to complete requirements in Section 10(1) of this administrative regulation.
(2) A decrease in level rating due to a re-evaluation shall reduce the basis of awards in Sections 7, 8, and 9 of this administrative regulation.
Section 13. [10.] Conditions Requiring
Revocation. (1) A Type II center or family child-care [child care]
home’s quality rating certificate shall be revoked for:
(a) Closure pursuant to KRS 13B.125, 199.896(4), or
[and] 199.8982(1)(f);
(b) Denial of recertification or relicensure;
(c) A pending suspension or revocation action taken against the Type II center or family child-care home’s certificate or license to operate;
(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 Type II center or family child-care home, if:
a. The Type II center or family child-care 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 Type II center or family child-care 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 Type II center or family child-care home in the previous twelve (12) months, in accordance with KRS 199.990; or
(g) A change in ownership.
(2) Upon revocation of a quality rating certificate, payment shall cease for:
(a) A quality incentive award;
(b) An enhancement award; and
(c) An annual achievement award. [Payment of
a quality incentive award shall cease upon revocation of a quality rating
certificate]
Section 14. [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 Type II center or family child-care home voluntarily withdraws from the STARS.
Section 15. [12.] Appeals.
(1) If the cabinet or its designee determines that a
participating Type II center or family child-care [child care]
home does not meet the rating level standards for which it is certified, the Type
II center or family child-care 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 an [a quality incentive]
award in Section 7, 8, or 9 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 [child care] home’s certificate or
license to operate is reversed upon appeal, the:
(a) Type II center or family child-care home may reapply for participation in the STARS program; or
(b) Cabinet may reinstate a Type II center or the family child-care home’s STARS quality rating certificate and associated level if the:
1. Type II center or family child-care home submits a request for reinstatement; and
2. Type II center's or family child-care home's STARS quality rating certificate and licensure has not expired.
Section 16. [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 1/08 [9/06];
(c) "DCC-402, STARS for KIDS NOW-Level 2
Standards Checklist", edition 1/08 [9/06];
(d) "DCC-403, STARS for KIDS NOW-Level 3
Standards Checklist", edition 1/08 [9/06];
(e) "DCC-404, STARS for KIDS NOW-Level 4
Standards Checklist", edition 1/08 [9/06]; [and]
(f) "DCC-404E, STARS for KIDS NOW-Level 4 Enhanced Standards Checklist", edition 01/08;
(g) "DCC-405, STARS for KIDS NOW-Rating Visit Request Form", edition 07/06.
(h) "DCC-413, STARS for KIDS NOW Interim Report Standards Documentation", edition 01/08; and
(i) "DCC-414, STARS for KIDS NOW Interim Report Staff Training Documentation", edition 01/08.
(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.922 KAR 2:210
MARK A. WASHINGTON, Commissioner
TOM EMBERTON, JR. Deputy Secretary
MARK D. BIRDWHISTELL, Secretary
APPROVED BY AGENCY: October 12, 2007
FILED WITH LRC: October 12, 2007 at 4 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 21, 2007 at 9 a.m. in the Cafeteria Meeting Room on the first floor of the Human Services Building, 275 East Main Street, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by November 14, 2007, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. You may submit written comments regarding this proposed administrative regulation until close of business November 30, 2007. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:
CONTACT PERSON: Jill Brown, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone (502) 564-7905, fax (502) 564-7573.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Justin Dearinger, DCBS Regulation Coordinator
(1) Provide a brief summary of:
(a) What this administrative regulation does: This administrative regulation establishes criteria for implementation of the voluntary quality rating system for Type II licensed and certified family child-care homes, and establishes the amount of each monetary incentive awarded to a participant in the STARS for KIDS NOW Program quality rating system.
(b) The necessity of this administrative regulation: This administrative regulation is necessary to establish standards for a graduated voluntary rating system for Type II licensed and certified family child-care homes; a process for reevaluation of quality ratings, and establishes monetary awards for participants.
(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the cabinet’s authorization under KRS 194A.050(1) which 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 voluntary quality-based graduated child care rating system for Type II licensed and certified 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 certified family child care homes, and establishes the amount of each monetary incentive awarded to a participant in the STARS for KIDS NOW Program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in the effective administration of the statute by describing the requirements to participant in the STARS for KIDS NOW Program for Type II licensed and certified family child-care homes.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation: The amendment to this administrative regulation will conform training and education requirements for Type II licensed and certified family child-care home staff to licensure regulations. This amendment describes an additional achievement award for Level 3 and 4 participants, increases the quality achievement award for Level 3 and 4 participants caring for children who receive CCAP subsidies, and establishes an enhancement award for Level 4 participants with high environment assessment scores. Program participants will be required to complete interim reports. Forms contained in material incorporated by reference are revised.
(b) The necessity of the amendment to this administrative regulation: The amendment to this administrative regulation is necessary to mirror training and education requirements for Type II licensed certified family child-care homes to licensure regulations and increase financial incentives to providers to participate and progress in the STARS program.
(c) How the amendment conforms to the content of the authorizing statutes: The amendment conforms to the content of the authorizing statutes by establishing requirements for a voluntary quality-based graduated child care rating system for Type II licensed and certified 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.
(d) How the amendment will assist in the effective administration of the statutes: The amendment will assist in the effective administration of the statutes by clarifying the requirements for the issuance of a quality rating certificate and ongoing operation of the STARS for KIDS NOW program. The amendment clarifies procedures and responsibilities contained within the administrative regulation and makes technical requirements to comply with KRS Chapter 13A.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: According to the Office of the Inspector General, Division of Regulated Child Care, as of August 9, 2007, there are 838 family child care home providers and 131 Type II providers. Approximately 123, of both classifications, are currently participating in the STARS for KIDS NOW Quality Rating Program.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: This amendment will require STARS for KIDS NOW Quality Rating Program participants to complete and submit an interim report.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):Monetary costs, if any, for these provisions to Type II licensed or certified family child care home operators are minimal.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): As a result of compliance with the amendment, a Type II licensed or certified family child-care home operator will improve the quality of services provided to children in their care and may benefit from STARS for KIDS NOW Quality Rating Program financial awards system.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a)Initially: There are additional costs to the Cabinet as a result of the amendment to this administrative regulation. The Division of Child Care completed an analysis and anticipates initial implementation will require additional funding of $174,800 to pay for increased awards to Type II licensed childcare centers and certified family child-care homes. Funding is available through the existing Tobacco Fund allotment and the Child Care Development Fund federal Grant. Funds for the amendments have been budgeted.
(b) On a continuing basis: There are additional costs to the Cabinet as a result of the amendment to this administrative regulation. The Division of Child Care completed an analysis and anticipates implementation for subsequent years will require additional funding of $174,800 to pay for increased awards to Type II licensed childcare centers and certified family child-care homes. Funding is available through the existing Tobacco Fund allotment and the CCDF federal Grant. Funds for the amendments have been budgeted.
6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: undoing is available through the existing Tobacco Fund allotment and the CCDF federal grant.
7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There is no increase in funds or fees to implement this administrative regulation.
8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: his administrative regulation does not establish any fees or directly or indirectly increase any fees.
9) TIERING: Is tiering applied? Tiering is not applied, as this administrative regulation will be applied in a like manner statewide
FEDERAL MANDATE ANALYSIS COMPARISON
1. Federal statute or regulation constituting the federal mandate. 42 U.S.C. 601-619, 45 C.F.R. 98
2. State compliance standards. KRS Chapter 13B, 199.894, 199.8941, 199.8943, 199.896(4), 199.8982, 199.8992, 199.990, 194A.050(1), 199.8941(1), 199.8943(2)
3. Minimum or uniform standards contained in the federal mandate. 42 U.S.C. 601-619, 45 C.F.R. 98
4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? No
5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements Not applicable.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes
2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department for Community Based Services, Division of Child Care will be impacted by this administrative regulation.
3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. 42 U.S.C. 601-619, 45 C.F.R. 98, KRS Chapter 13B, 199.894, 199.8941, 199.8943, 199.896(4), 199.8982, 199.8992, 199.990, 194A.050(1), 199.8941(1), 199.8943(2).
4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will generate no revenue for the state or local government.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will generate no revenue for the state or local government either for subsequent years.
(c) How much will it cost to administer this program for the first year? Initially, there are additional costs to the Cabinet as a result of the amendment to this administrative regulation. The Division of Child Care completed an analysis and anticipates initial implementation will require additional funding of $174,800.00 to pay for increased awards to Type II licensed childcare centers and certified family child-care homes. Funds for the amendments have been budgeted.
(d) How much will it cost to administer this program for subsequent years? On a continuing basis, there are additional costs to the Cabinet as a result of the amendment to this administrative regulation. The Division of Child Care completed an analysis and anticipates implementation for subsequent years will require additional funding of $174,800.00 to pay for increased awards to Type II licensed childcare centers and certified family child-care homes. Funds for the amendments have been budgeted.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
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Expenditures (+/-):
Other Explanation: