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Kansas Statewide Rule

Kansas Family Day Care Home Licensing Statewide Rules

Heavy RestrictionsApplies statewide across Kansas (2026)

Key Facts

Statute
K.S.A. 65-503
Regulator
KDHE Child Care Licensing
Family home capacity
Up to 10 children
Background check
KBI required
Last verified: September 5, 2026Source: Kansas Legislature

Summary

Kansas requires statewide licensing of family day care homes through the Kansas Department of Health and Environment under K.S.A. 65-503, setting universal capacity, background check, training, and health and safety standards that cities cannot waive.

(a) It shall be unlawful for any person, firm, corporation or association to conduct or maintain a maternity center or a child care facility for children under 16 years of age without having a license or temporary permit therefor from the secretary of health and environment. Nothing in this act shall apply to: (1) A residential facility or hospital that is operated and maintained by a state agency as defined in K.S.A. 75-3701, and amendments thereto; (2) a summer instructional camp that is provided by a not-for-profit, school, verifiable nonpublic school or an employee of such school; or (3) a person or group of persons providing educational activities for children ages pre-K through high school to such persons' children.

Source: Kansas LegislatureView official code

Full Breakdown

K.S.A. 65-503 et seq. requires any home caring for unrelated children for compensation to register or be licensed by KDHE. Licensed family day care homes may serve up to ten children with strict ratios, while group day care homes allow more with additional staff. Providers must complete background checks through the Kansas Bureau of Investigation, immunization documentation, CPR/first aid training, and pass home inspections. KDHE rules preempt local attempts to weaken requirements, though zoning may impose additional reasonable restrictions consistent with state law.

Violations & Penalties

Operating an unlicensed daycare exposes providers to KDHE cease-and-desist orders, civil fines, and possible criminal misdemeanor charges under Kansas child care licensing statutes.

Frequently Asked Questions

Do all Kansas in-home daycares need a state license?
Yes. K.S.A. 65-503 requires KDHE licensure for any home caring for unrelated children for pay, regardless of city or county location.
How many children can a Kansas family day care home serve?
Family day care homes may care for up to ten children, including the provider's own, with KDHE-set age ratios and supervision requirements.

Sources

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