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Committee approves waiver process for day care square‑footage rule for qualifying providers
Summary
The committee endorsed House Bill 190 (as amended), creating a waiver process that allows certain licensed day care centers—including those serving school‑aged children—to use a modified square‑footage calculation for capacity if they meet safety and quality criteria. The title amendment passed and the bill won favorable recommendation (14–0, one pass).
The House Families and Children Committee approved House Bill 190, as amended by the committee substitute, creating a waiver path for licensed day‑care providers to use a slightly modified square‑footage standard when calculating licensed capacity.
Representative DJ Johnson, who presented the measure, said the committee substitute narrows the bill so the modified standard applies only to certain centers—including those serving school‑aged children—and requires providers to meet eligibility criteria before receiving a waiver. "The waiver process ... requires the provider to meet certain criteria, including being in operation with no safety violations for at least five years and be rated as high quality in Kentucky's quality‑based graduated early childhood rating systems," Johnson said.
The committee discussed safety and evacuation concerns; the chair noted the rationale for higher square‑footage requirements includes ensuring children (especially older, school‑aged children) can exit a facility safely in an emergency. Christy Harrison, identified in the hearing as chief development officer for the Owensboro YMCA, joined remotely to provide perspective as a day‑care practitioner and to answer operational questions.
Committee members moved and seconded the bill; the committee also adopted a title amendment. The title amendment passed 14–0 with one pass; the committee then recorded the bill vote as passing in favorable expression and indicated the bill will likely proceed to the House floor.
What’s next: HB 190 will advance to the full House. The committee substitute and the waiver criteria (five years without safety violations, high quality rating) will guide how specific providers may seek relief from the standard square‑footage calculation.
