A new law was signed helping Kansas families with child care
See what Kansas leaders are saying about a new law aiming at helping early childhood in the state.
- A new Kansas law deregulating at-home day care has been criticized by the state’s Child Death Review Board for raising “serious safety concerns.”
- The law allows unlicensed home providers to care for more children for longer hours than was previously permitted.
- The board’s annual report noted that most child deaths in care settings occurred at unlicensed providers, often due to unsafe sleep environments.
- A key lawmaker defended the law, stating it empowers parents and provides more flexible, affordable child care options.
The Kansas Legislature and governor’s compromise law that deregulated child care licensing for at-home day care raises “serious safety concerns,” according to the Kansas State Child Death Review Board.
At issue is House Bill 2045, a compromise between the Democratic governor and Republican lawmakers. The new law created the Office of Early Childhood, which was a priority for Gov. Laura Kelly. The compromise included deregulating and expanding unlicensed child care, which faced criticism during the legislative process.
Now, it faces more criticism from the Kansas State Child Death Review Board in its recent annual report.
“The Kansas SCDRB supports efforts to reduce barriers for families to obtain high-quality and affordable child care but has significant concerns regarding the expanded allowance of unlicensed child care,” the report said. “While the creation of the Office of Early Childhood offers opportunities to improve services for Kansas families, parents should remain vigilant and educated in reviewing their child care choices.”
But one of the top lawmakers who worked on the compromise legislation disagreed with the review board’s assessment.
“This is not about reducing safety; it’s about recognizing the strength of Kansas communities and the importance of empowering parents — not bureaucrats — to make the best decisions for their children,” said Rep. Sean Tarwater, R-Stilwell and chair of the House commerce committee, in a statement.
Child Death Review Board releases annual report
The Child Death Review Board was established by the Legislature in 1992 and is housed under the Kansas Attorney General’s Office. It recently released its 2025 annual report, which uses 2023 data.
A message dated Sept. 26 from Attorney General Kris Kobach led off the 108-page report, which detailed data, findings and public policy recommendations.
“Each year, the board dedicates itself to a thorough review of every child death in Kansas, ensuring that each child’s story is honored and understood,” Kobach said in the report. “Through this careful examination, they uncover broader trends and patterns that might otherwise go unnoticed. By recognizing the significance of every individual loss, the board is able to identify meaningful opportunities to strengthen our efforts to protect Kansas’s children.”
What the report said about deaths in child care
The Child Death Review Board’s report included a section on deaths in child care settings.
“It is important that all children are cared for by licensed providers, as unlicensed child care poses increased risk for injury and death due to the absence of background checks, required training, and regulatory oversight,” the report said. “Licensed care helps ensure equal protection under the law, safe-sleep training to reduce the risk of infant death, and background checks to prevent individuals with histories of abuse or neglect from providing care.”
In the most recent five years of data, 16 children have died in child care. Nine were at unlicensed providers, while two were at providers who were licensed but were in violation of their license. Five children died in licensed child care settings, including one who lived in the same home where a home-based day care was operated.
Out of the 16 total deaths, 14 were infants. Of those 14 infants, 13 of the deaths were associated with unsafe sleep environments. The three deaths not related to sleeping included one that was a result of child abuse.
“Unlicensed providers and other caregivers such as babysitters and family members who provide occasional or regular care of an infant may not be aware of the importance of supine (back) sleeping and other safe sleep practices,” the report said. “In licensed child care settings, adherence to safe sleep guidelines, including appropriate sleep positions and environments, is required to reduce the risk of infant death.”
The report included a case vignette on one of the sleep-related child deaths. In the case, the infant was in an unlicensed home day care with three other children.
“On the day of the incident, the infant was fed a bottle of formula and placed in a portable crib with a blanket for a nap,” the report said. “When the provider went to check on the infant, they were found face-down and unresponsive. This death was classified as a sleep-related SUID with unsafe sleep factors. Following the investigation, law enforcement made a report regarding the operation of an unlicensed child care center.”
What changed in new law?
Under old laws and regulations, a Kansas home-based child care could operate unlicensed and unregulated if it provided 20 hours a week or less to no more than two children who weren’t related to the provider.
Under the new law, home-based providers can be unlicensed and unregulated if they provide less than 35 hours per week of care to no more than four children, up to two of whom can be infants.
Additionally, some child advocates said the math changed for how care hours are calculated. Under the old system, the total time was determined by adding the hours each child was cared for weekly. Under the new system, the 35-hour limit is per child not cumulative, meaning the equivalent max is 140 care hours per week.
The new law reversed some of the changes made by Kansas lawmakers in 2010 with Lexie’s Law, which increased government regulation of home-based day cares in response to a series of child deaths.
Review board warns parents about new law
The review board advised parents to know about child care licensing requirements and “be aware of licensing exemptions and risks.”
“All child care homes and centers must be licensed by KDHE, except for certain small home-based providers exempted under HB 2045,” the report said. “Parents should always ask to see the provider’s license or certificate to confirm their status and verify the type of license and maximum enrollment.
“Because of the 2025 legislative changes, some small home-based providers may operate without a license under specific conditions. Parents should be aware that unlicensed care lacks the oversight and safety assurances provided by licensing, which can increase risk and pose safety concerns for children.”
Review board had recommended greater regulation
A year ago, before lawmakers passed HB 2045, the review board’s 2024 annual report advised legislators to tighten regulations to prevent child deaths. The board also made the same recommendations in its 2022 and 2023 reports.
“Each year, the Board finds instances of children dying in the care of unlicensed child care providers or providers that are not in compliance with their license requirements,” the 2024 report said.
The 2024 report recommended the 2025 Legislature tackle “enhanced monitoring, enforcement, higher fines and increased prosecution” of unlicensed child providers and licensed providers who aren’t in compliance with state law. The board said it hoped such actions would improve the quality of child care.
Why the review board criticized new law
Lawmakers in 2025 did not take the advice of the review board to increase regulation of child care. Instead, HB 2045 took an opposite route of deregulation.
The review board said the deregulation provisions “of HB 2045 raise serious safety concerns for infants and children in Kansas.”
“Licensed providers in Kansas meet important safeguards that unlicensed providers are not required to follow,” the review board said.
That includes training in first aid, CPR, child health and safety — including safe sleep education — as well as criminal history and child abuse and neglect background checks, fire safety requirements and regular inspections on compliance with health, safety and wellbeing standards.
“When child care providers operate without a license, there is no guarantee that these safety standards are followed, underscoring the need for licensing to be required and enforcement of penalties for noncompliance,” the report said.
In its public policy recommendations to the 2026 Legislature, the board recommended requiring licensing for all home-based child care providers and establishing stricter penalties for noncompliance.
“The SCDRB recommends that the Kansas Legislature address the serious safety concerns related to the licensing exemption in HB 2045 (2025 session), which allows individuals to provide child care for fewer than 35 hours a week to up to four children (no more than two infants) without a license,” the report said. “Addressing these concerns will help uphold the quality and safety of child care in Kansas.
“We further recommend updating K.S.A. 65-514 to modernize penalties associated with providing unlicensed child care. These revisions would include increasing fines from a minimum of $50 per day to $200 per day, reclassifying violations from an unspecified misdemeanor to a Class A non-person misdemeanor, and establishing enhanced penalties of a person felony, severity level 7, for second or subsequent convictions or when a child is harmed.”
The report also recommended issuing “immediate cease-and-desist orders and timely public warnings regarding unlicensed care operations.”
What lawmaker said of review board’s criticism
Tarwater, the Republican lawmaker who chairs the commerce committee, responded to the review board’s criticism with a press release.
He said he was “adamant about keeping certain sections” when crafting HB 2045 and said the law “was carefully developed to address one of the most pressing challenges facing Kansas families and our economy — the shortage and high cost of childcare.”
“The intent behind this law is simple: to give parents the freedom to decide who can care for their children, and to give Kansans more flexibility in how they provide that care,” Tarwater said. “Too many parents are being forced out of the workforce because they can’t find or afford licensed childcare. At the same time, many stay-at-home parents and neighbors who want to help are discouraged by excessive regulation and red tape.
“This law restores some common sense and personal choice. It allows trusted individuals — like a neighbor, grandparent, or friend — to watch up to four children for a limited time without having to obtain a full childcare license. By doing so, it expands options for working families, eases the burden on our overextended childcare system, and opens doors for stay-at-home parents to earn supplemental income by helping others in their community.”
Jason Alatidd is a Statehouse reporter for The Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.
