Key Highlights
- Kansas HB 2045 significantly deregulates child care by raising unlicensed care limits to four children for 35 hours weekly.
- A new report from the State Child Death Review Board (SCDRB) warns that this law compromises child safety, citing nine out of 16 recent fatalities in unregulated settings.
- The SCDRB urges lawmakers to restore safety protections and demands specific legal reforms including mandatory licensing for home-based care providers.
- Opponents argue the law aims to streamline the system and empower parents, while supporters warn it increases risk of preventable child deaths.
The Deregulation of Child Care in Kansas: A Controversial Law Sparks Safety Concerns
Kansas has passed a controversial piece of legislation that aims to significantly deregulate the child care industry. House Bill 2045, which was signed into law last year, allows individuals to provide unlicensed child care for up to four children (two of whom can be infants) for as many as 35 hours per week without a state license.
However, this move has sparked intense debate and raised serious concerns about the safety of children. A new report from the State Child Death Review Board (SCDRB) highlights that nine out of 16 child care-related deaths over the past five years occurred in unlicensed settings. Moreover, 14 of those 16 victims were infants, with 13 fatalities linked to unsafe sleep environments.
The Legal Shift and Its Impact on Safety
Before HB 2045, an unlicensed provider could only watch two unrelated children for a maximum of 20 combined hours per week. The new law has dramatically expanded this exemption, creating a massive legal loophole that can allow up to 140 hours of completely unregulated care in a single home weekly.
This change has shifted the burden of proof from proactive prevention to investigation after harm occurs. Under the old system, state regulators could act preemptively based on potential violations.
Now, they must prove a provider exceeds these new, higher thresholds before intervention is possible. This legal ambiguity makes it harder for the Kansas Department of Health and Environment (KDHE) to use administrative fines or criminal referrals.
Attorney Elizabeth A. Seaton from Kansas City emphasized the danger: “Licensing exists to protect both children and caregivers. When we dilute those standards, we aren’t just creating flexibility—we’re weakening the legal mechanisms that ensure accountability when tragedy occurs.”
Call for Legal Reforms
The SCDRB has called on lawmakers to make several immediate legal reforms:
- Mandatory licensing for virtually all home-based child care providers.
- Increased penalties, updating K.S.A. 65-514 to significantly increase daily fines from $50 to $200 and reclassify severe violations as felonies.
- Immediate action granting regulators the power to issue cease-and-desist orders and public warnings against dangerous unlicensed operations.
The political response has been divided. Governor Laura Kelly and Democratic leaders emphasize that HB 2045 aims to streamline the system by establishing a new Office of Early Childhood, cutting bureaucratic red tape. Rep.
Sean Tarwater (R-Stilwell), however, argues it is about empowering parents, not sacrificing safety.
The legal community consensus remains: without basic oversight, the state has tied its own hands, inviting both increased liability and preventable child deaths. For families paying an average of over $10,000 annually per child in Kansas childcare costs, ensuring their provider is legally trained and compliant is crucial.
Conclusion
The controversy surrounding HB 2045 highlights the complex balance between regulatory oversight and parental choice. While supporters argue for greater flexibility, critics warn of increased risks to children’s safety. The urgency now lies with lawmakers to address these concerns before another preventable tragedy occurs.
