Title 922 | Chapter 002 | Regulation 245


SUPERSEDED
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CABINET FOR HEALTH AND FAMILY SERVICES
Department for Community Based Services
Division of Child Care
(New Administrative Regulation)

922 KAR 2:245.Kentucky Infant and Toddler Credential.

Section 1.

Definitions.

(1)

"Applicant" means an individual making an application for any level of an Infant and Toddler Credential.

(2)

"Child Development Associate" or "CDA" means the nationally recognized credential approved by the Council for Professional Recognition.

(3)

"Clock hour" means a sixty (60) minute period of instruction.

(4)

"Infant" means a child who is less than twelve (12) months of age.

(5)

"Pediatric abusive head trauma" is defined by KRS 620.020(8).

(6)

"Toddler" means a child between the age of twelve (12) and thirty-six (36) months.

Section 2.

Eligibility Criteria, Application, and Approval for the Kentucky Infant and Toddler Credential for All Levels.

(1)

An individual applying for a Kentucky Infant and Toddler Credential shall:

(a)

Be at least eighteen (18) years of age;

(b)

Complete and submit the following to the cabinet or its designee:

1.

Verification of the completion of the cabinet-approved training "Introduction to Kentucky Credentials";

2.

Verification of the completion of cabinet-approved training on trauma informed care;

3.

Verification of the possession of a current Pediatric First Aid and CPR certification;

4.

Verification of the possession of a current Pediatric Abusive Head Trauma certification;

5.

The DCC-245A, "Kentucky Infant and Toddler Credential Candidate Self-Assessment"; and

6.

The DCC-245, "Kentucky Infant and Toddler Credential Application", which shall include documentation verifying that the individual meets the applicable requirements for the appropriate credential level established in Section 3, 4, or 5 of this administrative regulation;

(c)

Submit a letter of recommendation to the cabinet or its designee from a:

1.

Current supervisor; or

2.

Parent or guardian of a child that is currently registered in the applicant's program if the applicant does not have a supervisor; and

(d)

Meet the instructional and work or volunteer requirements established in Section 3, 4, or 5 of this administrative regulation.

(2)

Upon approval of the documentation required by subsection (1) of this section, the cabinet or its designee shall award the individual a:

(a)

Letter of approval; and

(b)

Kentucky Infant and Toddler Credential for a credential level established in Sections 3 through 5 of this administrative regulation.

Section 3.

Level 1 Infant and Toddler Associate Credential Requirements. In order to be approved as a Level 1 Kentucky Infant and Toddler Associate, an individual shall:

(1)

Have completed sixty (60) clock hours of instruction in cabinet-approved infant and toddler topics within the past two (2) years; or

(2)

Have completed sixty (60) clock hours of instruction from an institution of secondary education in cabinet-approved infant and toddler topics.

Section 4.

Level 2 Kentucky Infant and Toddler Professional Credential Requirements. In order to be approved as a Level 2 Kentucky Infant and Toddler Professional, an individual shall:

(1)

Have completed 120 clock hours of instruction in cabinet-approved infant and toddler topics within the past two (2) years and provide to the cabinet or designee a detailed resume that includes 480 hours of work or volunteer experience in providing services directly to infants and toddlers in the past three (3) years;

(2)

Possess a current Infant and Toddler CDA;

(3)

Possess a current Family Child Care CDA and have completed an additional thirty (30) hours of instruction in cabinet-approved infant and toddler topics in the past three (3) years; or

(4)

Possess a current Family Child Care CDA and have obtained the Level 1 Kentucky Infant and Toddler Associate credential within the past three (3) years.

Section 5.

Level 3 Kentucky Infant and Toddler Leader Credential Requirements. In order to be approved as a Level 3 Kentucky Infant and Toddler Leader, an individual shall:

(1)

Possess:

(a)

An associate or bachelor's degree or higher in early care and education with a minimum of nine (9) credit hours specifically focusing on cabinet-approved infant and toddler topics; or

(b)

A bachelor's degree or higher in a field not related to early care and education with sixty (60) additional hours of instruction in cabinet-approved infant and toddler topics completed within the past two (2) years; and

(2)

Provide a detailed resume that includes 480 hours of work or volunteer experience in providing services directly to infants and toddlers within the past three (3) years.

Section 6.

Renewal of All Levels of a Kentucky Infant and Toddler Credential.

(1)

A Kentucky Infant and Toddler Credential shall be:

(a)

Valid for three (3) years; and

(b)

Renewable.

(2)

An application for renewal shall be submitted to the cabinet or its designee and shall include:

(a)

A completed DCC-245;

(b)

Documentation of forty-five (45) hours of cabinet-approved training or college coursework in infant and toddler topics within the past three (3) years;

(c)

A detailed resume that includes 480 hours of work or volunteer experience in providing services directly to infants and toddlers within the past three (3) years;

(d)

Current Pediatric First Aid and CPR Certification;

(e)

Current Pediatric Abusive Head Trauma Certification;

(f)

A completed DCC-245A; and

(g)

A letter of recommendation from a:

1.

Current supervisor; or

2.

Parent or guardian of a child that is currently registered in the applicant's program if the applicant does not have a supervisor.

Section 7.

Denial of Application or Renewal.

(1)

The cabinet shall deny a Kentucky Infant and Toddler Credential or renewal if the individual fails to comply with:

(a)

Section 2 of this administrative regulation for an initial application; or

(b)

The corresponding requirements for the requested credential or renewal established in Sections 3, 4, 5, or 6 of this administrative regulation.

(2)

If the Kentucky Infant and Toddler Credential is denied, the individual:

(a)

Shall be informed as to the unmet requirements that resulted in the denial; and

(b)

May reapply after the requirements that caused the denial are met.

Section 8.

Revocation of Credential.

(1)

The cabinet shall revoke a Kentucky Infant and Toddler Credential from an applicant who:

(a)

Falsifies a record; or

(b)

Fails to comply with the requirements established in this administrative regulation.

(2)

An individual whose credential has been revoked may:

(a)

Request a hearing pursuant to 922 KAR 2:260; or

(b)

Reapply for a Kentucky Infant and Toddler Credential after two (2) years from the date of revocation.

Section 9.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

DCC-245, "Kentucky Infant and Toddler Credential Application", 2023; and

(b)

DCC-245A, "Kentucky Infant and Toddler Credential Candidate Self-Assessment", 2023;

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.

LESA DENNIS, Acting Commissioner
CARRIE BANAHAN, Deputy Secretary
APPROVED BY AGENCY: April 27, 2023
FILED WITH LRC: May 11, 2023 at 8:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on July 24, 2023, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by July 17, 2023, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until July 31, 2023. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles and Laura Begin
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the requirements for an individual to obtain a Kentucky Infant and Toddler Credential.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the process for child care staff to voluntarily apply for and obtain this credential. Credentials assist in increasing the professionalism in the early childhood education field. Additionally, this will help increase the quality of trainings offered across the state, as they are specialized and focused on the age group and content area of the credential. When providers take trainings tailored to the age group of children they serve, it increases the quality of care for those children and their families. New, required forms are incorporated in this administrative regulation. This administrative regulation is necessary to establish the requirements of KRS 199.896(17) and 199.8982(3), which require the cabinet to make available training for child care providers through the development or approval of a model training curriculum and training materials. The credential and approval process established in this administrative regulation ensures model training is available for child care providers. Currently, twenty states have an infant and toddler credential. Out of the twenty, eighteen states have qualification requirements specifically for child care center staff who work with infants and toddlers. Five other states include the credential in their quality rating improvement system and the DCBS Division of Child Care intends to do this as well to potentially increase a provider’s All STARS rating.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by establishing the requirements and process for an applicant to obtain a Kentucky Infant and Toddler Credential.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing criteria and requirements for a Kentucky Infant and Toddler Credential. KRS 199.896(17) and 199.8982(3) require the cabinet to make available training for child care providers through the development or approval of a model training curriculum and training materials.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
As of February 2023, there were approximately 200 certified family child care homes and 1,800 licensed child care providers. Staff who work in these facilities specifically with infants and toddlers may want to pursue this credential although it will not be required by the state.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Child care provider staff are not required to obtain this credential, but if they choose to do so, the processes and requirements are established in this administrative regulation. The training and education required for each level is detailed within the administrative regulation.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost associated with obtaining this credential.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Obtaining these credentials is a professional development higher standard. Earning the credential states that individuals have the knowledge, special skills, and experience necessary to provide the highest level of quality in care and education for young children.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no costs associated.
(b) On a continuing basis:
There are no costs associated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Tobacco Master Settlement Agreement funds are the source of funding for child care credentialing programs.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in fees or funding is not necessary.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this administrative regulation will be applied in a like manner statewide.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department for Community Based Services, Division of Child Care, administers this program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050(1), 199.896(17), 199.8982(3).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not generate revenue for state or local government.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not generate revenue for state or local government.
(c) How much will it cost to administer this program for the first year?
Tobacco Master Settlement Agreement funds are used in the administration of child care credentialing programs. No costs are associated with this specific credential.
(d) How much will it cost to administer this program for subsequent years?
No costs are associated with this specific credential.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation does not include cost savings for regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings are not anticipated.
(c) How much will it cost the regulated entities for the first year?
There are no costs associated with this amendment.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs associated with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. No, this administrative regulation is not anticipated to have a major economic impact to regulated entities.

7-Year Expiration: 1/11/2031

Last Updated: 1/25/2024


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