Topeka — The Kansas Senate approved legislation Wednesday that would require inspections of all home day cares in the state.
The measure would do away with a system for “registered” home day cares and instead require that all day cares in the state be licensed. The bill would subject licensed day cares to inspections that would cost providers $10.
The Senate’s 26-13 vote sends the bill to the House.
The legislation has been named Lexie’s Law for 13-month-old Lexie Engelman, who suffered fatal injuries on her third day at a Johnson County home day care in 2004. Her parents have pushed for reform.
The National Association of Child Care Resource and Referral Agencies ranks Kansas near the bottom in the nation for its child care oversight and regulation. Between January 2007 and August, 22 children died in child care.
Under current law, registered home day cares don’t face an initial inspection nor do they face follow-up inspections. Sen. Julia Lynn, an Olathe Republican, said the “registered” status gives parents a false sense of security.
Currently in the state, 45 percent of day care homes are licensed and 38 percent are registered.
Sen. Laura Kelly, a Topeka Democrat, said the law would require better supervision of children. For example, children would have to be within sight or hearing of the provider and napping youngsters would have to be checked on regularly.
“Clearly the problems that have occurred and been bought to our attention, many of them could have been avoided had there been more direct supervision in many of these homes,” Kelly said.
The bill also would require the Kansas Department of Health and Environment to create an online database of licensed day cares with information about complaints that parents could access, she said.
Sen. Mary Pilcher Cook, a Shawnee Republican, however, said she was concerned the measure could “destroy the self reliance of families and force them to become reliant on government assistance.”
Comments
LJWorld.com doesn’t necessarily condone the comments here, nor does it review every post. Read our full policy. Also, read about banned accounts and harassing comments.
gogoplata (anonymous) says…
They just keep finding ways to make government bigger and more intrusive.
EyeonKansas (anonymous) says…
I know this measure will cost the state more... the $10 fee toward those licensed for the inspection doesn't cover any real cost. I don't care, it's about time. Our vulnerable children need to be protected. I know something can still happen in licensed day cares, but it's the first step in a better direction.
It wasn't until a year ago that I found out a Registered Day Care isn't inspected. I almost had my child attend one. I'm an educated, financially stable parent who does surprise checks on the daycare my child attends. When my children were infants I drove to the day care several times a day just to breast feed as my work place at the time didn't allow you to bring your infant and many places don't or can't due to the nature of what they do... so I used up my leave time. Some people can't do that... my husband can't leave his place of work once his shift starts, not even to eat.
I was also appalled when I once read a statistic that when I child dies away from the parents the most likely place is home based day care or babysitter... and the highest percentage is within the first 7 days of them starting. I wish I could remember the article I read it from. I read it in the summer of 2008, right before my son was born. It set me into such a depressive tail spin that I had a hard time going back to work after maternity leave. I nearly chose to go on welfare rather than working to support my family out of fear my child could suffer the same fate as Lexie Engelman.
God bless her parents for pushing to get the state to start down the right path.
EyeonKansas (anonymous) says…
I don't care if it seems more intrusive or bigger. There is NEVER enough oversight when it comes to my children's safety or the safety of other children. If we want parents to "go back to work" then we need to put in place better and MORE safe guards to help ensure their child doesn't suffer the same fate as Lexie. Many family's are only a couple of paychecks from poverty... they often choose home based daycares (if not family or friends) to watch their children. They are the MOST vulnerable because they are less likely to be able to do surprise checks and there are fewer people in/out of the home based day care... especially in the middle of the work day.
davidmm (anonymous) says…
I live in NC and they have a very big system that includes a data base where you can see what rating a day care has, what complaints or investigations it has had, places are inspected on a regular rotation so they can lose or gain stars, have to prove all kinds of things - including education of staff, etc. I LOVE it!! I have had 3 kids in day care and this system has been so very helpful to me. Tax dollars at work for once.
jrlii (anonymous) says…
As I understand it most (if not all) of the functionality is already in place on the computer side, it's just a matter of turning off the registration procedure, 'cause there is already a licensing process the bigger facilities have to go through.
Now, how many additional inspectors they'll need is another matter. . .
not_that_crazy (anonymous) says…
"jrlii (anonymous) says…
Now, how many additional inspectors they'll need is another matter. . . "
Good Point. I wonder what the fiscal note is for this. The House is very unlikely to approve a "new" expenditure and an expansion of a government inspection program. They like to C-U-T things, even in a normal year.
gogoplata (anonymous) says…
I don't care if it seems more intrusive or bigger. There is NEVER enough oversight when it comes to my children's safety or the safety of other children.
I value freedom and individual liberty over safety and security so I don't agree with your point of view. I think this general attitude is a major problem for a nation that used to be free.
Hop2It (anonymous) says…
Safety = good.
It is always the parents' responsibility to make sure that children are in a safe place...whether they are in "licensed" child care or playing at the neighbor's house. This bill is good in that it makes parents think about child care safety, however, just because all child cares would be inspected once a year doesn't mean they are safe.
gogoplata (anonymous) says…
Freedom = Best
jocoparent (anonymous) says…
Very interesting article. The Bill nowhere mentions a $10 fee for inspections - maybe that was something said in Committee, but it is not in the Bill. Additionally, Senator Kelly's comment about children would have to be within sight or hearing of the provider should really be qualified that the child needs to be napping. Children under five who are awake are called to be within a provider's direct-visual-supervision (with some exceptions for personal hygeiene needs and other provider care duties).
You can't trust articles or proponents "fact sheets" on this Bill. You need to know the whole truth - the whole Bill - in order to make an informed decision:
http://sb447knowthetruth.blogspot.com/
Not sure why you don't cover it in this article, since as of the article date this Bill has a very different inspection process than was outlined prior. There is now a "risk based" inspection system on the table. One where many providers (not just homes, but centers, preschools, After-care Programs, and Drop-in Programs) would fill out self-evaluations and send in with their renewal paperwork. The KDHE would use these to determine the "risk-factor" for children in care of that provider and and when (or if) a provider would get a routine regulatory inspection. "Compliant" providers - on the date this Bill would be enacted - could go as long as 2.5 years before they would have a routine inspection!
Under the risk-based system, once it is established all providers (homes, centers, preschools, After-care Programs, and Drop-in Programs) , based on their history of inspections and their self-evaluation could be let out of inspections for up to 3 years!
jocoparent (anonymous) says…
Gut-N-Go HB2356 is on the Senate Calendar for 03/30/2010.
Know the Truth…Know What is Missing…Get Involved
http://sb447knowthetruth.blogspot.com/