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Publications iconKansas Register

Volume 41 - Issue 33 - August 18, 2022

State of Kansas

Department of Health and Environment

Notice of Hearing on Proposed Administrative Regulation

The Kansas Department of Health and Environment (KDHE), Division of Public Health, Bureau of Family Health, will conduct a public hearing at 10:00 a.m. Friday, October 28, 2022, in Room 530, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of proposed amended maternal and child health regulation K.A.R. 28-4-114, regarding the application process and licensee requirements for day care homes and group day care homes for children.

A summary of the proposed regulation and estimated economic impact follows:

Summary of Regulation:

K.A.R. 28-4-114. Applicant; licensee. Updates infant age in day care homes and group day care homes from under 18 months to under 12 months of age. Revises licensing capacities for one and two providers. Updates the age for maximum number of children in care from under 11 years to under 16 years of age.

Economic Impact:

Cost to the agency: The proposed amended regulation will require staff time to update the agency handbook, “Kansas Laws and Regulations for Licensing Day Care Homes and Group Day Care Homes for Children.” The costs for the update of the handbook and printing will be absorbed in the ongoing KDHE budget.

Cost to licensees: The proposed amended regulation has no implementation or compliance costs to child care licensees.

Costs to other governmental agencies or units: The proposed amended regulation applies to local units of government, including cities and counties, that operate a day care home or group day care home. For those licensees, there are no implementation or compliance costs.

A detailed economic impact is provided in the economic impact statement that is available from the designated KDHE contact staff person or at the KDHE Child Care Licensing website, as listed below.

The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulation. All interested parties may submit written comments prior to 5:00 p.m. on the day of the hearing to Amber Sellers, Kansas Department of Health and Environment, Bureau of Family Health, Administration and Policy, 1000 SW Jackson, Suite 200, Topeka, KS 66612-1274, by email to, or by fax to 785-559-4244. Interested parties are encouraged to participate in the public hearing by submitting written comments.

During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed regulation as well as an opportunity to submit their written comments. It is requested that each individual giving oral comments also provide a written copy of the comments for the record. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit an oral presentation to an appropriate time frame.

Complete copies of the proposed regulation and the corresponding economic impact statement may be obtained from the KDHE Child Care Licensing website at or by contacting Amber Sellers at, 785-296-8238, or fax 785-559-4244. Questions pertaining to the proposed regulation should be directed to Amber Sellers at the contact information above.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulation and the economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Amber Sellers.

Janet Stanek

Doc. No. 050430