Child-care rules guide how regulators handle violations and licenses

The cabinet considers listed factors when deciding how to respond to an alleged rule violation. This applies when the cabinet considers a correction plan or license suspension or revocation after an alleged regulation violation at a child-care center. The cabinet considers these factors along with any other considerations required by this section.

The cabinet provides support contacts and limits when it may issue violations during a preliminary license’s probation period. This applies to a child-care center granted a preliminary license with a six-month probationary period. The cabinet may issue a violation during probation only if it finds the center knowingly broke a rule after receiving clear instructions, or the violation created an immediate threat to children’s health, safety, or welfare. The support contacts and limits on issuing violations apply during the center’s six-month probationary period.

The cabinet may suspend or revoke a center’s license in specified cases. These provisions concern licensed child-care centers and cabinet representatives handling license enforcement. The cabinet may, but is not required to, take these actions. Reasons for revocation include failing to follow a correction plan, interfering with an official duty, denying access during operating hours, certain fraud-related program disqualifications, knowingly submitting false information, repeated directed correction plans, or failing to make required payments. A license may be suspended for an immediate threat or failure to follow an approved correction plan. After an emergency suspension, the cabinet may revoke the license if the center does not request a hearing within the required time or fails to fix the problem within 30 calendar days after the order is served.

The cabinet adopts regulations identifying emergency care providers. The regulations identify providers offering essential child-care services during an identified state of emergency.