Concerns about new child care regulations at KDHE hearing
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KDHE held a public hearing about proposed new child care regulations in Memorial Hall on Tuesday in Topeka
TOPEKA. Many child care providers voiced concerns about proposed new regulations at a hearing held on Tuesday by the Kansas Department of Health and Environment.
The regulations are a result of “Lexie’s Law,” which was passed a year ago by the Kansas Legislature. The law was named after 13-month old Lexie Engelman who died in home day care in 2004.
Greg Crawford from KDHE served as the hearing officer and said the hearing was intended only to receive input from the public. Crawford said the hearing was not a place to debate the merits of the proposed regulations.
Mary Murphy, KDHE’s Director of Compliance and Regulation Development for child care licensing, gave an overview of the dozen proposed regulation changes:
- online information dissemination
- definitions
- applicant licensee
- initial and ongoing professional development
- facility
- supervision
- daily care of children
- napping and sleeping
- family day care home certificate of registration
- required immunizations for children under 16 years of age
- education and training requirements
- infant and toddler programs.
The Kansas Register on March 10 gave an overview of these 12 areas.
Mary Murphy prepared a set of PowerPoint slides about “Implementing Lexie’s law: Health Safety & Supervision” that also gives information about the changes.
The hearing was divided into three broad areas to accept public input: online system, day care home regulations, and preschools/centers.
Listen to MP3 podcasts below of the hearing testimony. Live tweets from each section of the hearing are also listed below. (Search twitter.com for KDHE.)
Introductory remarks
Greg Crawford and Mary Murphy give introductory remarks and an overview of the proposed regulations.
Download and listen to MP3 podcast of introductory remarks.
Live Tweet:
1:06 PM @KansasWatchdog: KDHE Hearing starting in Topeka to receive comments about regulations regarding Lexie’s Law, child care licensing
Online system
The first eight speakers spoke about the need for safety and privacy of both the child care provider and the children in publishing information online about facilities. These eight only wanted the provider’s ID published online, but without name, phone number or address.
A ninth speaker wanted no information online.
Download and listen to MP3 podcast of discussion of online system.
Live Tweets:
[Editor's note: out of privacy concerns for the child care providers, no names were mentioned in the Tweets.]
1:23 PM @KansasWatchdog: “Opt in” is strong preference for safety by first 3 speakers at KDHE hearing about child care centers. Want safety and privacy for children
1:27 PM @KansasWatchdog: At KDHE hearing one child care provider wants ID number only to be put online. All concerned about safety during day and at night.
1:39 PM @KansasWatchdog: 9th speaker at KDHE child care hearing wants no info online. Fearful of stalkers, rapists, kidnappers exploiting online info.
Day Care Home Regulations
Child care providers gave feedback on a number of proposed regulation changes, including the requirement to “touch” a sleeping infant every 15 minutes as a measure to prevent sudden infant death syndrome. Several speakers discussed the burden of the new regulations on providers.
Download and listen to MP3 podcast of discussion of day care home regulations.
Live Tweets:
1:48 PM @KansasWatchdog: Insurance counselor at KDHE hearing says proposed regulations have good intentions but overly burden child care providers
2:00 PM @KansasWatchdog: At KDHE hearing provider said don’t force unrealistic regulations on us and force us out of business giving parents fewer choices
2:10 PM @KansasWatchdog: Two providers at KDHE hearing concerned with regulations about split level homes.
2:16 PM @KansasWatchdog: One provider at KDHE hearing, who has worked in Europe, says Kansas will have more child care regulations than Germany.
2:17 PM @KansasWatchdog: Child care provider at KDHE hearing concerned that new regulations will invade her home environment outside her business hours.
2:20 PM @KansasWatchdog: At KDHE hearing child care provider says it is parents’ job to get best provider and to inspect child care facility.
2:21 PM @KansasWatchdog: Child provider says new regulations would forbid use of monitors. Provider says it is an extra safety precaution.
2:22 PM @KansasWatchdog: Provider says touching a child every 15 minutes when napping is not common sense.
2:28 PM @KansasWatchdog: A child care provider at KDHE hearing is concerned about increased liability with new regulations.
2:30 PM @KansasWatchdog: Another child provider worried about liability over things she cannot control.
2:34 PM @KansasWatchdog: Child care provider at KDHE hearing concerned that new regulations will result in less diversity in services; wonders about KDHE’s purpose.
2:39 PM @KansasWatchdog: Child provider says KDHE needs to keep some of the responsibility about training.
2:41 PM @KansasWatchdog: “Touching children is not a good sleep practice to prevent SIDS” according to a child provider at KDHE hearing. “It doesn’t do anything”
2:43 PM @KansasWatchdog: Child day care provider at KDHE hearing going through her list of new regulations she feels may put her out of business
2:48 PM @KansasWatchdog: At KDHE hearing child care provider says proposed KDHE’s regulations about child care conflict with KDHE’s basic purpose.
2:53 PM @KansasWatchdog: Child care provider at KDHE hearing says regulations should not dictate style of care. Limits ability to address individual child’s needs
2:54 PM @KansasWatchdog: Child care provider says new touching regulation while sleeping would provide false sense of security to parents about SIDS issue.
2:55 PM @KansasWatchdog: Child care provider says one size does not fit all. All want quality care.
2:57 PM @KansasWatchdog: At KDHE hearing speaker says there are differences in regulations between care in centers and home care.
Preschools and Centers
Some of the topics about preschools and centers had been discussed in earlier comments, so this section was relatively brief.
Download and listen to MP3 podcast of discussion of preschools and centers, plus final remarks.
Live tweets:
3:01 PM @KansasWatchdog: KDHE hearing was to be over at 3 PM but just now getting to 3rd topic about preschools and centers.
3:04 PM @KansasWatchdog: Speaker at KDHE hearing concerned about training for substitutes.
3:12 PM @KansasWatchdog: KDHE Hearing officer telling audience what will happen next. KDHE Secretary to decide after review of all comments.
3:35 PM @KansasWatchdog: Near end of KDHE Hearing father of daughter who died in day care said “system failed us”. Wants info online about providers.
Related:
- Kansas House passes “Lexie’s Law,” Kansas Watchdog, May 12, 2010.
- Kan. Legislature Passes Lexie’s Law, KMBC, May 11, 2010.
- Some Worry About Lexie’s Law Going Too Far, KCTV 5, March 2, 2010.
- Gov. Sebelius assisted AFSCME-CCPT in unionizing child care providers in Kansas, Kansas Watchdog, Jan. 13, 2010.
Contact: Earl F Glynn, earl@kansaswatchdog.org, KansasWatchdog.org
Reprinting: Kansas Watchdog is a free wire service and we welcome reprinting and only ask for attribution and notification. If you’d like to reprint this story we ask that you e-mail the author with the date the story will run and the outlet name.
Posted under Column B, Kansas Government, Regulations.
Tags: child care licensing, child care provider, day care regulations, Kansas Department of Health and Environment, KDHE, Lexie's Law, online system, Regulations, SIDS, sudden infant death syndrome
8:54 am on May 18th, 2011
Thank you for covering this hearing. I was unable to attend and am thankful to have the opportunity to listen online.
10:35 pm on May 18th, 2011
If these child care regulations are pass, the provider who cares for my son said she’ll have be forced to quit child care after 18 years. Just because of her laid out of her out. How fair it that to my provider or my son.
Who came up with these crazy regulations. I don’t even keep my own children in my line of sight or on the same floor level.
Mom who’s ready to join the class action lawsuit.
9:43 am on May 19th, 2011
I cannot believe the danger the KDHE is willing to subject providers and the children they watch to by openly displaying in-home daycare providers’ information online. Of course parents ought to be able to access the past history of potential providers, but this needs to be done in a professional manner. Parents ought to be able to contact the KDHE with a provider’s business name and license number or pin number to view past inspection results, and only after the parents register THEIR OWN names and address to have on file. If this proposed regulation is passed as it is currently worded, how many stalkings, kidnappings, rapes, murders and LAWSUITS will it take before it is realized what an awful idea this is in its current form? I hope parents will voice their concerns as well, in the name of safety for all Kansas children! Not to mention the distraction of a dozen or more sales calls providers will be bombarded with on a DAILY BASIS? Keep our private in-home businesses SAFE.