Kansas Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Kansas?

In Kansas, childcare licensing is administered by the Kansas Department of Health and Environment (KDHE) through its Child Care Licensing Program. KDHE is responsible for setting minimum standards, processing applications, conducting inspections, and enforcing compliance for all regulated childcare facilities in the state. The regulations governing childcare centers are found in the Kansas Administrative Regulations (KAR), primarily under Article 28-4.

The Kansas Department for Children and Families (DCF) plays a separate but related role, managing child care subsidy programs and completing background checks for providers who accept state subsidies. If you plan to accept subsidies, you will need to be enrolled with both KDHE and DCF.

Kansas requires licensing for several types of childcare operations:

• Child Care Center: A facility that is not the provider's home and provides care for children. This is the most common license type for commercial childcare businesses, including preschools and Head Start programs.

• Group Day Care Home: A home-based operation that provides care for 7 to 12 children, including the provider's own children. Requires at least two adults present when more than six children are in care.

• Family Day Care Home: A home-based operation that provides care for a maximum of six children at a time, including the provider's own children. This is the entry-level license type in Kansas.

How to apply for a Kansas childcare license

The Kansas childcare licensing application process involves several steps. Plan for the process to take several weeks to a few months, depending on how quickly you can meet all requirements.

1. 1

   Contact KDHE or your local licensing surveyor

   Kansas contracts with local county health departments and private contractors to conduct licensing inspections. Start by contacting the KDHE Child Care Licensing Program at 785-296-1270 or visiting their website to identify your local licensing surveyor and get an application packet.

2. 2

   Submit your application and required documentation

   Your application will include information about your facility, staffing plan, program director qualifications, and operational policies. You will also need to submit a floor plan showing your facility meets the minimum square footage requirements.

3. 3

   Complete background checks for all staff

   Background checks are required for all owners, directors, staff members, and any person with unsupervised access to children. Fingerprint-based background checks must be completed before your license is issued. For home-based facilities, household members age 10 and older must also be checked.

4. 4

   Pass the initial on-site inspection

   A licensing surveyor will conduct an on-site inspection to verify your facility meets all minimum standards for space, safety, equipment, and documentation. Any deficiencies must be corrected before your license can be granted.

5. 5

   Receive your temporary and then permanent license

   Kansas typically issues a temporary license first, followed by a permanent license after a period of demonstrated compliance. If you plan to accept state child care subsidies, you must have a permanent KDHE license before applying to enroll with DCF as a regulated provider.

Kansas staff-to-child ratio requirements

Kansas sets specific staff-to-child ratios and maximum group sizes based on the ages of children in care. These ratios are defined in KAR 28-4-428 and were significantly updated effective August 2, 2024. The term "license capacity" was replaced with "maximum group size" to more accurately reflect the maximum number of children allowed in a single unit.

Ratios must be maintained at all times, including during outdoor play, nap times, and transitions. Only one staff-child ratio may be used at any given time for each unit.

Staff qualification and training requirements

Kansas has specific requirements for program directors and staff working in licensed childcare facilities, outlined primarily in KAR 28-4-429.

• Program director qualifications: Each child care center must employ a qualified program director. Directors must be at least 18 years old with a high school diploma or equivalent. For centers with 24 or more children, additional education and experience requirements apply, such as a bachelor's degree in early childhood education, child development, or a related field plus three months of direct care experience, or equivalent combinations of education and experience. A Child Development Associate (CDA) credential may also satisfy certain qualification pathways.

• Health and safety orientation: All new staff must complete health and safety training, including medication administration, no later than 30 days after their start date or before being given sole responsibility for the care and supervision of children, whichever comes first.

• Annual professional development: Each provider and staff member must complete 16 clock hours of approved professional development training per licensure year. Of those 16 hours, at least 4 must be related to health and safety topics. Up to 4 hours may be in training that does not require KDHE approval, at the provider's discretion.

• Required training topics: Training must cover recognizing signs of child abuse and neglect, prevention of shaken baby syndrome and abusive head trauma, reporting suspected abuse and neglect, basic child development and supervision, prevention and control of infectious diseases including immunizations, prevention and response to food and allergic reactions, building and premises safety, and emergency preparedness and response planning.

• CPR and First Aid: At least one staff member with current CPR and First Aid certification must be present at all times when children are in care.

Facility and space requirements

Your physical space must meet Kansas minimum standards before a license can be issued. Key facility requirements include:

• Indoor space: A minimum of 28 square feet of usable floor space per child in each area designated for children's activities, as specified in KAR 28-4-423. This measurement excludes kitchens, bathrooms, hallways, storage areas, and staff-only spaces.

• Outdoor space: A minimum of 75 square feet of outdoor play space per child using the space at a given time, with total outdoor space accommodating at least half of the licensed capacity or a minimum of 750 square feet, whichever is greater (KAR 28-4-437).

• Fencing: Outdoor play areas must be enclosed with a fence at least four feet high. The play space must be located to provide both sunshine and shade.

• Age-appropriate equipment: All furniture, cribs, and play equipment must be safe, in good repair, and appropriate for the ages of enrolled children. Equipment must meet current Consumer Product Safety Commission (CPSC) standards.

• Fire safety: Working smoke detectors and fire extinguishers must be installed and maintained. Fire drills must be conducted and documented regularly. The facility must have a posted evacuation plan.

• Sanitation: The facility must maintain clean and sanitary conditions throughout, including diaper changing areas, food preparation surfaces, restrooms, and handwashing stations.

Background check requirements

Kansas requires comprehensive background checks for all individuals working in or associated with licensed childcare facilities. Both federal and state law (KSA 65-516) mandate these screenings.

• Who must be checked: All owners, program directors, staff members, volunteers, and any person with unsupervised access to children. For home-based operations, all household members age 10 and older must also undergo background checks.

• Fingerprint-based criminal history check: Fingerprint-based background checks are required and must be renewed every five years. These checks cover both state and federal criminal history databases.

• Registry checks: Background screenings include the Kansas Child Abuse and Neglect Registry, the Adult Abuse, Neglect, and Exploitation Registry, the Kansas Adult Supervised Population Electronic Repository (KASPER), the sex offender registry, and other available state and federal registries.

• Timing: Background checks must be completed before any individual has unsupervised access to children. There is no grace period for this requirement.

• DCF enrollment checks: If you plan to accept child care subsidies, DCF completes additional background checks as part of the provider enrollment process, separate from the KDHE licensing checks.

Health and safety requirements

Kansas regulations include detailed health and safety requirements that licensed facilities must follow at all times.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Records must be on file and available for inspection at all times.

• Medication administration: Medications may only be administered with written parent authorization. All medication administration must be documented, including the medication name, dosage, time given, and the staff member who administered it. Staff must complete medication administration training.

• Handwashing: Proper handwashing procedures must be followed by both staff and children, including before and after meals, after diaper changes, after using the restroom, and after outdoor play.

• Safe sleep practices: For infants, Kansas requires adherence to safe sleep guidelines. Infants must be placed on their backs to sleep in approved cribs, with no soft bedding, pillows, bumper pads, or toys in the crib.

• Emergency procedures: Written emergency procedures must be posted and practiced regularly. Staff must be trained on what to do in the event of a fire, severe weather, medical emergency, or other crisis. Emergency preparedness and response planning is a required training topic.

• Illness exclusion: Facilities must have written policies for excluding sick children and procedures for notifying parents when their child becomes ill during the day.

Record-keeping requirements

Kansas licensing requires childcare facilities to maintain detailed records that are available for review during inspections. Keeping these records organized is one of the most important things you can do to stay in compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry. These records must be maintained and available for review by licensing surveyors.

• Child enrollment records: Complete enrollment information for each child, including emergency contacts, authorized pickup persons, medical information, allergies, and immunization records.

• Staff records: Personnel files for every employee, including background check results, training documentation, certifications, qualifications documentation, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents that occur at the facility, including details of what happened and what actions were taken.

• Fire drill and emergency drill logs: Documentation of every fire drill and emergency drill conducted, including the date, time, number of children and staff present, and evacuation time.

• Training records: Documentation of all 16 annual clock hours of professional development for each staff member, including dates, topics, and training provider.

Inspections and compliance

Once licensed, your facility will be subject to ongoing monitoring by KDHE through its local licensing surveyors.

• Annual inspections: Licensed childcare facilities are inspected at least once every 12 months to verify compliance with all applicable regulations. These inspections are conducted by local county health departments or KDHE-contracted private surveyors.

• Unannounced visits: Inspections can be unannounced and may occur at any time during normal operating hours. Inspectors may review any aspect of your operation, from ratios and records to physical safety and food handling.

• Public compliance records: Inspection results and compliance history are available through the KDHE Online Facility Compliance Search tool, allowing parents and the public to review any licensed facility's record.

• Corrective action: If deficiencies are found, the facility is given a specified timeframe to correct the issues. Serious or repeated violations can result in adverse actions, including probation, license suspension, or license revocation.

Links to Quality: Kansas's QRIS program

Links to Quality (L2Q) is Kansas's Quality Rating and Improvement System (QRIS). It is a voluntary program created through a partnership between the Kansas Department for Children and Families and Child Care Aware of Kansas. L2Q provides a framework for measuring and improving the quality of early care and education programs across the state.

• Who can participate: All licensed child care programs in Kansas can participate, including child care centers, family child care homes, group homes, Head Start programs, preschools, and school-age programs that have received their permanent KDHE license.

• Quality indicators: The Links are grounded in developmentally appropriate standards from organizations including Head Start, the National Association for the Education of Young Children (NAEYC), the National Family Child Care Association, and the Caring for Our Children guidelines. Each Link contains quality indicators specific to best practices for childcare programs.

• Support services: L2Q makes available coaching, mentoring, technical assistance, and assessments to help programs continuously improve and meet quality indicators.

• Benefits: Participating in L2Q can help programs build on their strengths, attract families, and demonstrate a commitment to quality. It also empowers families to make more informed choices when selecting a childcare provider.

Resources

Here are key resources for Kansas childcare providers:

• KDHE Child Care Licensing: The official state agency website for childcare licensing, including regulations, application forms, and the online facility compliance search tool.

• Child Care Aware of Kansas: Offers training, technical assistance, and support for childcare providers. Administers the Links to Quality program and provides resources for professional development.

• Kansas Child Care Training Opportunities (KCCTO): Provides approved training courses to help providers meet their annual professional development requirements, including CDA credential support.

• Kansas DCF Child Care Subsidy Program: If you plan to accept state subsidies, DCF manages provider enrollment and subsidy payments. You must hold a permanent KDHE license before applying.