Kentucky Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Kentucky?

In Kentucky, childcare licensing is administered by the Cabinet for Health and Family Services (CHFS) through the Division of Regulated Child Care, which sits within the Office of Inspector General. This division is responsible for licensing childcare centers, certifying family childcare homes, conducting inspections, and enforcing compliance with state regulations found in Title 922, Chapter 2 of the Kentucky Administrative Regulations (922 KAR).

Kentucky requires regulation for any operation that provides care for children outside their own home. The type of license or certification you need depends on the size and setting of your operation:

• Licensed Type I Child Care Center: A non-residential facility that provides care for four or more children, or a residential facility that cares for 13 or more children. This is the standard license for commercial childcare centers and is governed by 922 KAR 2:090.

• Licensed Type II Child Care Center: A facility that provides care for seven to 12 children, including children related to the licensee. This license type is intended for smaller operations and has somewhat simplified requirements compared to Type I.

• Certified Family Child Care Home: A home-based operation that provides care for up to 10 children, including no more than six unrelated children and four of the caregiver's own children. Certification is governed by 922 KAR 2:100.

How to apply for a Kentucky childcare license

The Kentucky childcare licensing process involves several steps. The initial license fee is $50, with an annual renewal fee of $25. For certified family child care homes, the initial certification fee is $10, with a biennial renewal fee of $10. Plan for the process to take several weeks to a few months.

1. 1

   Contact the Division of Regulated Child Care

   Begin by contacting the CHFS Division of Regulated Child Care to request an application packet and learn about requirements specific to your area. A licensing representative can walk you through the process and answer questions about your planned facility.

2. 2

   Complete required pre-service training

   All proposed directors and staff must complete 15 hours of state-approved health and safety training before opening. This training must include pediatric first aid, CPR, and preventive health practices.

3. 3

   Submit background checks through KARES

   All staff members must submit background checks through the KARES (Kentucky Applicant Registry and Employment Screening) platform on the Kentucky Online Gateway. Kentucky also participates in the National Background Check Program.

4. 4

   Submit your application and required documentation

   Submit a completed application along with the appropriate fee, documentation of staff qualifications, background check results, your facility floor plan, fire inspection clearance, and any other documents required by your licensing representative.

5. 5

   Pass the initial on-site inspection

   A licensing surveyor from the Division of Regulated Child Care will conduct an on-site inspection to verify your facility meets all requirements under 922 KAR 2:120 (health and safety standards). Any deficiencies must be corrected before your license is issued.

Kentucky staff-to-child ratio requirements

Kentucky sets specific staff-to-child ratios based on the ages of children in care. These ratios are defined in 922 KAR 2:120 and must be maintained at all times during operating hours. Maximum group sizes apply to Type I licensed centers.

These ratios are from 922 KAR 2:120. Maximum group sizes for Type I centers are generally double the ratio number. Verify current ratios with the Division of Regulated Child Care, as they may be updated. For help planning your classroom staffing, try our ratio calculator.

Staff qualification and training requirements

Kentucky has specific requirements for directors and staff working in licensed childcare facilities, governed by 922 KAR 2:110.

• Director qualifications: Directors must meet education and experience requirements that include a combination of formal education and documented paid experience working directly with children. Qualifying pathways include a bachelor's or master's degree with 12 clock hours of child development training, or an associate's degree in early childhood education, or an associate's degree in another field plus 12 clock hours of child development training, combined with two years of documented paid childcare experience.

• Staff minimum age and education: All childcare staff must be at least 18 years old and must have completed a high school education or equivalent.

• Pre-service training: New staff must complete 15 hours of state-approved health and safety training, including pediatric first aid, CPR, and preventive health practices, before working with children.

• First-year training: During the first year of employment, staff must complete nine additional hours of approved training, which must include one and a half hours of pediatric abusive head trauma training.

• Annual continuing education: After the first year, all staff must complete 15 hours of training each year. This must include one and a half hours of pediatric abusive head trauma training every five years.

• CPR and First Aid: Current pediatric CPR and First Aid certification must be maintained by staff at all times.

Background check requirements

Kentucky requires comprehensive background checks for all childcare staff under 922 KAR 2:280. The state uses the KARES (Kentucky Applicant Registry and Employment Screening) system to process these checks.

• Who must be checked: All owners, directors, staff members, volunteers, and anyone who has unsupervised access to children in care. For certified family child care homes, all household members must be checked.

• KARES platform: Background checks are submitted through the KARES system on the Kentucky Online Gateway. This is the centralized platform for all childcare background screening in Kentucky.

• National Background Check Program: Kentucky participates in the federal National Background Check Program, which includes fingerprint-based FBI criminal history checks, state criminal records, sex offender registry checks, and child abuse and neglect registry checks.

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

Facility and space requirements

Your physical space must meet the standards in 922 KAR 2:120 before a license can be issued. Key requirements include:

• Indoor space: A minimum of 35 square feet of usable indoor space per child. This measurement excludes kitchens, bathrooms, hallways, and storage areas.

• Outdoor space: A minimum of 60 square feet of outdoor play space per child. The outdoor area must be separate from and in addition to the indoor space requirement.

• Alternative indoor play space: If a center does not have access to an outdoor play area, an indoor play space must provide at least 60 square feet per child, separate from the 35 square feet of regular indoor space.

• Fire safety: Working smoke detectors, fire extinguishers, and a posted evacuation plan are required. Regular fire drills must be conducted and documented.

• Age-appropriate equipment: All furniture, cribs, and play equipment must be safe, in good repair, and appropriate for the ages of children enrolled. Cribs must meet current CPSC standards.

• Health and sanitation: Adequate handwashing facilities, proper diaper changing stations, clean food preparation areas, and general sanitation standards must be met and maintained.

Health and safety requirements

Kentucky's health and safety standards under 922 KAR 2:120 cover daily operations and are checked during inspections.

• Immunization records: Up-to-date immunization records are required for all enrolled children and must be on file at the facility.

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

• Safe sleep practices: Infants must be placed on their backs to sleep in approved cribs. No soft bedding, pillows, bumper pads, or toys are allowed in the crib.

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

• Emergency procedures: Written emergency plans must be posted and practiced regularly, covering fires, severe weather, medical emergencies, and other crisis situations.

• Illness exclusion: Centers must have a written illness policy that outlines when children must be excluded from care and procedures for notifying parents when a child becomes ill.

Record-keeping requirements

Kentucky licensing requires childcare operations to maintain organized records that are available for review during inspections. Staying on top of documentation is one of the most important ways to maintain compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry.

• 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 through KARES, training documentation, certifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents, including what happened and what actions were taken.

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

Inspections and compliance

Once licensed, your operation will be subject to ongoing monitoring by the Division of Regulated Child Care.

• Unannounced inspections: Licensing surveyors conduct unannounced inspections during operating hours. These can happen at any time and may cover any aspect of your operation, including ratios, record-keeping, facility conditions, and health and safety practices.

• Complaint investigations: The Division of Regulated Child Care investigates complaints against licensed and certified facilities. Complaint-related inspections can occur in addition to routine visits.

• Corrective action: If deficiencies are identified during an inspection, the facility is given a specific timeframe to correct the issues. The timeframe depends on the severity of the deficiency.

• Adverse actions: Repeated or serious violations can result in probation, license suspension, license revocation, or other penalties. Violations posing an immediate threat to children can result in emergency action.

Kentucky All STARS: quality rating and improvement

Kentucky All STARS is the state's voluntary quality rating and improvement system (QRIS) for childcare programs. It replaced the earlier STARS for KIDS NOW program and uses a five-star tiered rating system. All STARS is available to Type I, Type II, and certified family child care homes.

• Level 1: All providers with a regular or preliminary license in good standing are automatically enrolled at Level 1.

• Level 2: Requires that 50 percent of teaching staff have professional learning activities in developmental screening, completion of an environmental self-assessment, and the program director has at least 10 hours of professional learning in curriculum and instructional practices or holds an approved early childhood credential or degree.

• Levels 3-5: Programs at these levels have participated in environmental observations and submitted evidence of meeting multiple domains and standards beyond minimum licensing requirements.

• Quality incentives: Programs that achieve higher star levels, particularly Level 5, are eligible for monetary incentives including initial awards, annual rewards, and enhanced subsidy enrollment payments, while funding is available.

Resources

Here are key resources for Kentucky childcare providers:

• Division of Regulated Child Care: The official state agency responsible for childcare licensing and certification. Visit their website at chfs.ky.gov for application materials, regulations, and contact information.

• Kentucky Administrative Regulations (922 KAR Chapter 2): The full text of Kentucky's childcare regulations, including 922 KAR 2:090 (center licensure), 922 KAR 2:100 (family child care certification), 922 KAR 2:110 (provider requirements), and 922 KAR 2:120 (health and safety standards).

• Child Care Aware of Kentucky: Provides training, technical assistance, and resources for childcare providers across the state, including help with professional development requirements.

• KARES (Kentucky Applicant Registry and Employment Screening): The online platform used for all childcare staff background checks, accessible through the Kentucky Online Gateway.