Kentucky Statutes 199.898 – Rights for children in child-care programs and their parents, custodians, or guardians — Posting and distribution requirements
Current as of: 2024 | Check for updates
|
Other versions
(1) All children receiving child-care services in a day-care center licensed pursuant to KRS § 199.896, a family child-care home certified pursuant to KRS § 199.8982, or from a provider or program receiving public funds shall have the following rights:
(a) The right to be free from physical or mental abuse;
(b) The right not to be subjected to abusive language or abusive punishment; and
(c) The right to be in the care of adults who shall meet their health, safety, and developmental needs.
(2) Parents, custodians, or guardians of children specified in subsection (1) of this section shall have the following rights:
(a) The right to have access to their children at all times the child is in care and access to the provider caring for their children during normal hours of provider operation and whenever the children are in the care of the provider;
(b) The right to be provided with information about child-care regulatory standards, if applicable; where to direct questions about regulatory standards; and how to file a complaint;
(c) The right to file a complaint against a child-care provider without any retribution against the parent, custodian, guardian, or child;
(d) The right to obtain information from the cabinet regarding any type of licensure denial, suspension, or revocation of an operator, and cabinet reports that have found abuse or neglect by any child-care provider or any employee of a child care provider. Identifying information regarding children and their families shall remain confidential;
(e) The right to obtain information from the cabinet regarding the inspections and plans of correction of the day-care center, the family child-care home, or the provider or program receiving public funds within the past year; and
(f) The right to review and discuss with the provider any state reports and deficiencies revealed by such reports.
(3) The child-care provider who is licensed pursuant to KRS § 199.896 or certified pursuant to KRS § 199.8982 shall post these rights in a prominent place and shall provide a copy of these rights to the parent, custodian, or guardian of the child at the time of the child’s enrollment in the program.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 524, sec. 3, effective July 15, 1998. — Created
1992 Ky. Acts ch. 57, sec. 1, effective July 14, 1992.
(a) The right to be free from physical or mental abuse;
Terms Used In Kentucky Statutes 199.898
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 199.011
- Child: means any person who has not reached his eighteenth birthday. See Kentucky Statutes 199.011
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The right not to be subjected to abusive language or abusive punishment; and
(c) The right to be in the care of adults who shall meet their health, safety, and developmental needs.
(2) Parents, custodians, or guardians of children specified in subsection (1) of this section shall have the following rights:
(a) The right to have access to their children at all times the child is in care and access to the provider caring for their children during normal hours of provider operation and whenever the children are in the care of the provider;
(b) The right to be provided with information about child-care regulatory standards, if applicable; where to direct questions about regulatory standards; and how to file a complaint;
(c) The right to file a complaint against a child-care provider without any retribution against the parent, custodian, guardian, or child;
(d) The right to obtain information from the cabinet regarding any type of licensure denial, suspension, or revocation of an operator, and cabinet reports that have found abuse or neglect by any child-care provider or any employee of a child care provider. Identifying information regarding children and their families shall remain confidential;
(e) The right to obtain information from the cabinet regarding the inspections and plans of correction of the day-care center, the family child-care home, or the provider or program receiving public funds within the past year; and
(f) The right to review and discuss with the provider any state reports and deficiencies revealed by such reports.
(3) The child-care provider who is licensed pursuant to KRS § 199.896 or certified pursuant to KRS § 199.8982 shall post these rights in a prominent place and shall provide a copy of these rights to the parent, custodian, or guardian of the child at the time of the child’s enrollment in the program.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 524, sec. 3, effective July 15, 1998. — Created
1992 Ky. Acts ch. 57, sec. 1, effective July 14, 1992.