65-503. Definitions. As used in this act:
(a) "Act" means article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(b) "Assistant teacher" means a staff member of a child care center and is responsible for assisting the lead teacher in the care of children.
(c) "Boarding school" means a facility that 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.
(d) "Child care center" means a facility that meets child care center regulations and provides care and educational activities for children.
(e) "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, excluding 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 that the secretary determines to require regulation under 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.
(5) On and after July 1, 2026, "child care facility" does not include day care facility or child resource and referral agency.
(f) "Child care home" means the premises where care is provided for children at a residence.
(g) "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.
(h) "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.
(i) (1) "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 K.S.A. 65-501 et seq., and amendments thereto.
(2) "Day care facility" does not include a youth development program.
(3) On and after July 1, 2026, this subsection shall expire.
(j) "Employee" means a person working, regularly volunteering or residing in a child care facility.
(k) "Infant" means a child who is between two weeks and 12 months of age or a child older than 12 months who has not yet learned to walk.
(l) "Lead teacher" means an individual who meets the requirements of section 1, and amendments thereto, and can independently staff any unit in a child care center.
(m) "Licensure year" means the period of time beginning on the effective date and ending on the expiration date of a license.
(n) "Maternity center" means a facility that 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.
(o) "Person" means any individual, association, partnership, corporation, government, governmental subdivision or other entity.
(p) "Program director" means the staff member of a child care center and is responsible for implementing and supervising the comprehensive and coordinated plan of activities that provide for the education, care, protection and development of children who attend a child care center.
(q) "Religious beliefs" means the same as defined in K.S.A. 2025 Supp. 44-663, and amendments thereto.
(r) "School-age" means a child who will be at least six years of age on or before the first day of September of any school year but is under 16 years of age.
(s) "Unit" means the number of children who may be present in one group in a child care center.
(t) "Youth development program" means the same as defined in K.S.A. 65-527, and amendments thereto.
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; L. 2025, ch. 118, § 41; 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.