Brief ⁽¹⁾

SB 195 amends several of the statutes in the act under which child care facilities are licensed and family day care homes are registered. The original amendments involve a statute that was amended by the 2000 Legislature and concern the confidentiality of information collected by the Department of Health and Environment in conjunction with regulatory activities involving maternity homes, child care facilities, and registered family day care homes. The amendments substitute "records" for "information" in the statute when a reference is to the data that is not to be released by the Department of Health and Environment publically in a way that would identify individuals. Agents of the Department are also added to the confidentiality provisions of the statute. Other changes clarify it is those records in the possession of the Department or its agents that are subject to the provisions of the statute. State or federal agencies that provide funding for child care, local fire departments, child and adult care food program sponsoring agencies, and local disaster agencies are added to those to whom records may be released. A new subsection is added to the statute that authorizes the Secretary of Health and Environment to release the name, address, and telephone number of a maternity center, child care facility, or family day care home when the Secretary determines such release is necessary to protect the health, safety, or welfare of the public or children.

The bill expands the list of exemptions from the definition of child care facility to include the following:

• Instructional programs for children known as an extraordinary school program administered by a board of education of any school district;
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• Instructional programs for children 6 years of age or older as a part of an extraordinary school program administered by a nonpublic school accredited by the State Board of Education;
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• Summer instructional camps that are:
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• • accredited by an agency or organization acceptable by the Secretary of the Kansas Department of Health and Environment;
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• A summer program established by the school board of a school district.

Further, the bill changes the term child care facility to exclude a facility maintained by an individual who cares for children related by blood, marriage, or legal adoption within the fifth degree of kinship. Under current law, the definition means a facility maintained by a "person" who cares for child(ren) under 16 years of age.

Other elements added to the definition of child care facility include the following:

• a person who provides child care for children age 6 years of age and older and in which any child attends 17 hours or more a week for more than two consecutive weeks;
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• a facility maintained by a person who provides child care for children 6 years of age or older if:
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Additionally, the bill changes certain definitions as follows:

• Child means a person under 18 or a person under 21 who is in the custody of a state agency as a result of a juvenile court order;
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• Child care means the care, supervision, or guidance of a child by a person other than the child's parents or guardian;
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• Maternity center means a facility which provides delivery services for normal, uncomplicated pregnancies but does not include a medical care facility.
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Background

SB 195 was introduced at the request of the Department of Health and Environment in response to questions and interpretations of the action of the 2000 Legislature. During the Senate Committee hearing on the bill, a representative of the Department expressed support for the bill and explained the reasons for the proposed amendments. Representatives of Heart of America Family Services Child Care Resource and Referral, the Kansas Association of Child Care Resource and Referral Agencies, ERC Resource and Referral, and the Child Care Association of Johnson County all appeared in support of the bill.

The Senate Committee amendment is technical.

The fiscal note indicates passage of SB 195 in its original form would have no fiscal effect.

The House Committee deleted the Senate Committee of the Whole amendments and adopted new definitions.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi