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65-503. Definitions. As used in this act:

(a) "Child placement agency" means a business or service conducted, maintained or operated by a person engaged in finding homes for children by placing or arranging for the placement of such children for adoption or foster care.

(b) "Child care resource and referral agency" means a business or service conducted, maintained or operated by a person engaged in providing resource and referral services, including information of specific services provided by child care facilities, to assist parents to find child care.

(c) "Child care facility" means:

(1) A facility maintained by a person who has control or custody of one or more children under 16 years of age, unattended by parent or guardian, for the purpose of providing the children with food or lodging, or both, except children in the custody of the secretary for children and families who are placed with a prospective adoptive family pursuant to the provisions of an adoptive placement agreement or who are related to the person by blood, marriage or legal adoption;

(2) a children's home, orphanage, maternity home, day care facility or other facility of a type determined by the secretary to require regulation under the provisions of this act;

(3) a child placement agency or child care resource and referral agency, or a facility maintained by such an agency for the purpose of caring for children under 16 years of age; or

(4) any receiving or detention home for children under 16 years of age provided or maintained by, or receiving aid from, any city or county or the state.

(d) "Day care facility" means a child care facility that includes a day care home, preschool, child care center, school-age program or other facility of a type determined by the secretary to require regulation under the provisions of K.S.A. 65-501 et seq., and amendments thereto.

(e) "Person" means any individual, association, partnership, corporation, government, governmental subdivision or other entity.

(f) "Boarding school" means a facility which provides 24-hour care to school age children, provides education as its primary function, and is accredited by an accrediting agency acceptable to the secretary of health and environment.

(g) "Maternity center" means a facility which provides delivery services for normal, uncomplicated pregnancies but does not include a medical care facility as defined by K.S.A. 65-425, and amendments thereto.

(h) "Employee" means a person working, regularly volunteering or residing in a child care facility.

History: L. 1919, ch. 210, § 3; R.S. 1923, 65-503; L. 1978, ch. 236, § 2; L. 1978, ch. 237, § 2; L. 1980, ch. 184, § 1; L. 1983, ch. 140, § 45; L. 1994, ch. 279, § 6; L. 1998, ch. 166, § 1; L. 2007, ch. 130, § 1; L. 2010, ch. 161, § 4; L. 2012, ch. 99, § 1; L. 2014, ch. 115, § 248; L. 2024, ch. 15, § 44; July 1.

Source or Prior Law:

65-502.

Attorney General's Opinions:

Persons prohibited from employment by homes for children; effect of expungement of offense. 84-115.

Persons prohibited from operating maternity hospitals and homes for children; effect of expungement of prior conviction. 85-50.

License or temporary permit required for maternity hospital and homes for children; boarding home for children defined. 93-4.

Child care facilities; definitions; Shawnee County youth center. 95-58.

Licensed child care facility may be used to house children ages 16 and 17. 1999-47.

Boarding school is a child care facility for the purposes of K.S.A. 65-501 et seq. 2013-9.

CASE ANNOTATIONS

1. Mentioned in discussion of denial of application for license to operate a boarding home. Rydd v. State Board of Health, 202 Kan. 721, 724, 451 P.2d 239.

2. Cited; the state has a legitimate and compelling interest to protect children and may require private establishments which provide residential care for children to be licensed. State ex rel. O'Sullivan v. Heart Ministries, Inc., 227 Kan. 244, 247, 251, 607 P.2d 1102.


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