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18.50.035 Day-Care and Child-Care Centers
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A. Applicability

This section applies to day-care. Specific categories of day-care subject to this section are defined below:

Adult day-care

A facility for adults having some or all of the characteristics of homes for the elderly, whether operated for profit or not, which through its operation provides one (1) or more personal services for four (4) or more persons not related by blood or marriage to the owner or operator, for a period less than twenty-four (24) hours. Personal services are in addition to housing and food service, and include but are not limited to: personal assistance with bathing, dressing, housekeeping, supervision, eating, supervision of self-administered medication, and assistance in securing health care from appropriate sources.

Child-care center

A facility in which day-care and educational activities are provided for thirteen (13) or more children, six (6) weeks to sixteen (16) years of age for more than three (3) hours but less than twenty-four (24) hours per day, including daytime, evening and nighttime care. A facility may operate as a child-care center with fewer than thirteen (13) children.

Family day-care home

A place maintained to provide children with day-care away from their homes, for less than twenty-four (24) hours a day. No more than seven (7) children cared for are under kindergarten age and no more than three (3) of the children cared for are less than eighteen (18) months of age, or a maximum of ten (10) children under sixteen (16) years of age.

Group day-care home

A home in which care is provided for a maximum of twelve (12) children under sixteen (16) years of age, with a limited number of children under kindergarten age in accordance with KAR 28-4-114(f)(1).

Mother’s Day Out program

A day-care program operating more than two (2) consecutive hours or more than one (1) day per week and in which any one (1) child is enrolled for not more than one (1) session per week.


A day-care facility:

1. Which provides learning experiences for children who have not attained the age of eligibility to enter kindergarten prescribed in KSA 72-1107(c) who are thirty (30) months of age or older;

2. Which conducts sessions not exceeding three (3) hours per session;

3. Which does not enroll any child in more than one (1) session per day; and

4. Which does not serve a meal.

The term “preschool” includes all educational preschools, nursery schools, church-sponsored preschools, and cooperatives. A preschool may have fewer than thirteen (13) children.

B. Child, Family and Group Day-Care Homes

1. The owner or operator shall occupy the structure as his or her private residence.

2. The owner or operator of a family day-care home must reside on the premises. Up to one (1) outside worker may be employed by the owner or operator.

3. Not more than ten (10) children for family day-care homes and not more than twelve (12) children for group day-care homes, including the operator’s own children, shall receive care during a calendar day.

4. Child group day-care homes shall be operated in accordance with state and local regulations on child group day-care homes. Adult day-care, child-care centers, Mother’s Day Out programs and preschools.

Day-care centers shall be operated in accordance with state and local regulations. (Ord. 17-52 §§ 29, 41, 2017; Ord. 02-54 § 2, 2002)