EXCERPT FROM: The Topeka Capital-Journal
By Barbara Hollingsworth
The Kansas Senate on Tuesday took a step toward requiring inspections of all home day cares.
On a voice vote, the Senate gave initial approval to a bill that would do away with a system for "registered" day cares and instead require that all day cares in the state be licensed. The biggest change is that licensed day cares are subject to inspections. The difference in cost to providers is $10.
The legislation was given the name Lexie's Law on Tuesday for 13-month-old Lexie Engelman who suffered fatal injuries on her third day at a Johnson County home day care in 2004. Her parents have pushed for reform.
The bill (SB 447) is up for a final vote in the Senate on Wednesday before the legislation makes its way to the House.
Sen. Jeff Colyer, an Overland Park Republican, said Lexie's death might have been prevented had the state had tougher laws in place.
"Lexie was a very special kid," he said. "She was vivacious. She has an effervescent smile and is one that still reaches out to us today."
The National Association of Child Care Resource and Referral Agencies ranks Kansas near the bottom of the nation for its child care oversight and regulation. Between January 2007 and August, 22 children died in child care.
The bill takes aim at transitioning registered day cares to licensed facilities. Under current law, registered home day cares don't face an initial inspection nor do they face follow-up inspections. Sen. Julia Lynn, an Olathe Republican, said the "registered" status gives parents a false sense of security.
"I think we need to be very careful as a body to put our stamp of approval on any kind of inspection and then turn our backs when there is a problem," she said.
Currently in the state, 45 percent of day care homes are licensed and 38 percent are registered.
Sen. Laura Kelly, a Topeka Democrat, said the law would require better supervision of children. Children would have to be within sight or hearing of the provider. Also, she said, the bill would require the Kansas Department of Health and Environment to create an online database of licensed day cares with information about complaints that parents could access. Napping youngsters would have to be checked on regularly.
"Clearly the problems that have occurred and been bought to our attention, many of them could have been avoided had there been more direct supervision in many of these homes," Kelly said.
The bill drew concerns from some. Sen. Mary Pilcher Cook, a Shawnee Republican, called the stories of parents who had lost children "heart rendering."