Brief (1)
HB 2755 amends two of the statutes that are a part of the laws under which child care facilities and maternity centers are licensed and regulated and family day care homes are registered. The amendments concern disclosure of information about licensees and registrants and notice of regulatory actions to certain state agencies.
The amendments in Section 1 add to the agencies that are to be notified by the Secretary of Health and Environment when a license to operate a child care facility or maternity center is issued, suspended, or revoked or a certificate of registration to operate a family day care home is issued, suspended, or revoked. Under the amendments, the Secretary is directed to notify the Juvenile Justice Authority, Department of Education, Office of the State Fire Marshal, and any licensed child placement agency in addition to those agencies already specified in the statute.
The Senate Committee amendments add a new requirement to the law in Section 1 of HB 2755 by requiring a maternity center, licensed child care facility, or registered family day care home to notify the parents or guardians of children enrolled when the entity's license or registration has been suspended, revoked, or had a license or registration denied.
Amendments in Section 2 provide that information in the possession of the Department of Health and Environment received as a result of the licensing of child care facilities and maternity centers and the registration of family day care homes is not to be released publicly by the Department in a manner that would identify individuals unless such release is required by law. The name, address, and telephone number of a child care facility, maternity center, or family day care home shall not be released publicly unless required by law. Pursuant to the amendments, information that cannot be released pursuant to the above provisions may be released to:
An agency or organization authorized to receive notice under KSA 65-506 (see Section 1);
A criminal justice agency;
Any state or federal agency that provides child care services or provides child protective services; or
Any federal agency for the purposes of compliance with federal funding.
The amendments provide that no state or federal agency or person that receives notice or information as authorized by the bill may disseminate such information without the consent of the person whose information will be disseminated unless required by law. A further amendment makes the authority to close a licensing or registration hearing applicable to all entities that are included in the definition of person contained in the licensing and registration laws.
Background
HB 2755 was drafted by and introduced at the request of the Department of Health and Environment. Currently, the law is interpreted by the legal staff of the Department to require the agency to provide lists, including the names and addresses, of all child care licensees and family day care registrants on request. Such lists are also now available on the Internet. There have been concerns expressed by some child care providers about the dissemination of such information. These concerns are particularly associated with day care, foster care, and family day care providers whose individual names are listed as the licensee or registrant and whose family home address is listed. Concerns expressed include concern about the safety and security of the children being cared for, for the licensed or registered provider, and the families of such persons. As introduced, the bill would have authorized the agency to release information unless the licensee or registrant acted to request the information not be made available publicly. As amended by the House Committee, the bill would allow the release of information by such entities as resource and referral and child placing agencies only if the licensee or registrant consents to the dissemination of the information.
The Department of Health and Environment indicates no additional funds would be required by enactment of HB 2755.
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/bill_search.html