10022 Unregulated Legally Exempt Providers - Certain categories of child care are exempt from State of Kansas Licensing Law. KDHE should be consulted when the legally exempt status of a provider is in question.

1. In-Home Relative (Informal Arrangement) - An In-Home Relative child care provider is a relative of the child. Relative for child care purposes is defined as a grandchild, great-grandchild, sibling (if the provider lives in a separate residence), or niece/nephew of the provider. Relationship can be through marriage, blood relationship, or court decree to the child. An In-Home child care provider must meet the following criteria:
   
   

1. • is not the child's own parent-guardian-caretaker,
     
     
   • regularly provides care for six or fewer related children under 16 years of age, including their own,
     
     
   • provides care in the child's own home during a portion of a 24-hour day,
     
     
   • is not a member of the eligible family's cash assistance case, child care case or physical household, and
     
     
   • is at least 18 years of age.
      

In-Home Child Care is available to clients in all child care subtypes. The In-Home Relative Provider is considered an employee of the client. Clients must contact IRS regarding their responsibilities as an employer and to receive a Federal Employer Identification Number (FEIN). The FEIN number is required for approval of in-home relative child care. Verification of the FEIN can be verbally accepted. The FEIN must be verified in hard copy format at the next provider review or the review may be denied. See Appendix C-5 Hiring Someone to Work in Your Home. See 10270.

2. Out-of-Home Relative (Informal arrangement) - A relative of the child who:
   
   

1. • Is not the child's own parent-guardian-caretaker;
     
     
   • Regularly provides care for six or fewer related children under 16 years of age, including their own. Regions are allowed flexibility to approve more than six children if all are in the same nuclear family;
     
     
   • Provides care in the residence of the provider;
     
     
   • Provides care for less than 24 hours a day;
     
     
   • Is approved by DCF as meeting health and safety checklist standards;
     
     
   • Is at least 18 years of age; and
     
     
   • Provides child care to children who are either a grandchild, great-grandchild, sibling (if the provider lives in a separate residence), or niece/nephew of the provider. Relationship can be through marriage, blood relationship or court decree to the child.

NOTE: Any relative substitute requests must meet eligibility criteria and be cleared by DCF prior to making payment. Relative substitutes must reside with the relative provider, such as a spouse, and not regularly provide child care.

3. Child Care Provided on a Military Base - Kansas law regarding child care does not apply to Military Bases. Military bases may have child care centers and family day care homes that meet standards imposed by the military. Documentation of compliance with the minimum standards of the sponsoring agency will be required to approve the provider for enrollment. Documentation of compliance with the minimum standards of the sponsoring agency and KDHE licensing requirements will be required to approve the provider for enrollment. A Memorandum of Agreement must be established with DCF to enroll as a subsidy provider.
   
   
4. Out-of-State Providers - Providers who care for Kansas children but reside in a state other than Kansas must meet the minimum requirements for child care providers, be licensed and a subsidy provider in their state of residence (not applicable to out of home relative or in-home relative providers). Documentation of compliance with that state will be required to approve the provider for enrollment. See https://childcareta.acf.hhs.gov/licensing.
   
   
5. Job Corps Center and Indian Reservations - Special Child Care programs which are exempt from Kansas licensing regulations must meet the minimum standards required by the sponsoring agency. Documentation of compliance with the minimum standards of the sponsoring agency and KDHE licensing requirements will be required to approve the provider for enrollment. A Memorandum of Agreement must be established with DCF to enroll as a subsidy provider.