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65-501. License or temporary permit required; exemptions. It shall be unlawful for any person, firm, corporation or association to conduct or maintain a maternity center or a child care facility for children under 16 years of age without having a license or temporary permit therefor from the secretary of health and environment. Nothing in this act shall apply to:

(a) A residential facility or hospital that is operated and maintained by a state agency as defined in K.S.A. 75-3701 and amendments thereto; or

(b) a summer instructional camp that:

(1) Is operated by a Kansas educational institution as defined in K.S.A. 74-32,120, and amendments thereto, or a postsecondary educational institution as defined in K.S.A. 74-3201b, and amendments thereto;

(2) is operated for not more than five weeks;

(3) provides instruction to children, all of whom are 10 years of age and older; and

(4) is accredited by an agency or organization acceptable to the secretary of health and environment.

History: L. 1919, ch. 210, § 1; R.S. 1923, 65-501; L. 1974, ch. 352, § 85; L. 1978, ch. 236, § 1; L. 1985, ch. 209, § 1; L. 1994, ch. 279, § 4; L. 2001, ch. 101, § 1; April 26.

Law Review and Bar Journal References:

Article on adoption of children, Marvin E. Larson, 19 J.B.A.K. 332, 346 (1951).

Attorney General's Opinions:

Detention of juvenile offenders in jail; prohibition; expense of care and custody. 92-145.

License or temporary permit required for maternity hospital and homes for children; boarding home for children defined. 93-4.

Child care facilities; definitions; Shawnee County youth center. 95-58.

Child care facilities; temporary licenses and permits; providing care after expiration. 1999-19.

Licensed child care facility may be used to house children ages 16 and 17. 1999-47.

Absent home rule power, multi-county joint board of health has no power to assess fees. 1999-63.

CASE ANNOTATIONS

1. Written license from state board of health required for anyone operating a boarding home for children. Rydd v. State Board of Health, 202 K. 721, 724, 451 P.2d 239.

2. Cited; the state has a legitimate and compelling interest to protect children and may require private establishments which provide residential care for children to be licensed. State ex rel. O'Sullivan v. Heart Ministries, Inc., 227 K. 244, 245, 247, 253, 607 P.2d 1102.

3. Church operation of day-care center for members and others not religious activity exempt from regulation. State ex rel. Pringle v. Heritage Baptist Temple, 236 K. 544, 548, 549, 693 P.2d 1163 (1985).


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