Kansas daycare ratios by age start at one staff member for every three infants and loosen as children get older, reaching one staff member for every sixteen school-age children in a licensed child care center. Family child care homes follow a different framework based on maximum group size rather than a fixed ratio. The rules live in two regulations: K.A.R. 28-4-428 for centers and K.A.R. 28-4-114 for family homes.
Ratios in Kansas Child Care Centers
Licensed child care centers must meet the minimum staff-to-child ratios in K.A.R. 28-4-428 at all times, including outdoor play, nap, and transitions between activities. Only staff physically present with the children count toward the ratio, and no child may be left unsupervised.
- Infants (birth to 12 months): 1 staff to 3 children, with a maximum unit size of 9; or 1 staff to 4 children, with a maximum unit size of 8. A center may use only one of these two options at a time for each infant unit.
- Mixed group of infants and children under 6: 1 to 6, with no more than 3 infants in the group and a maximum unit size of 12 (including no more than 6 infants).
- Toddlers: 1 to 6, maximum unit size of 12.
- Children ages 2 to 3: 1 to 7, maximum unit size of 14.
- Children ages 2½ to school-age: 1 to 12, maximum unit size of 24.
- School-age children: 1 to 16, maximum unit size of 32.1Legal Information Institute. Kansas Administrative Regulations 28-4-428 – Staff Requirements
Each unit must also have at least one staff member or volunteer with current pediatric first aid and CPR certification present at all times. If a staff member steps away and the ratio drops below the minimum for even a short period, the center is out of compliance for that period.
Group Size Limits in Family Child Care Homes
Family child care homes run on a different structure. Instead of a fixed ratio, K.A.R. 28-4-114 sets a maximum group size that shifts with the age mix of the children and whether one or two providers are working.
With a single provider, group size caps range from 8 to 12 children:
- Up to 3 infants under 12 months: maximum group size of 8, with no more than 3 children under 12 months, 3 between 12 months and 5 years, and 2 between 5 and 10 years.
- No infants, all children 12 months to 5 years: maximum group size of 10, with up to 8 in that age band plus 2 school-age children.
- All children at least 2½ but under 10: maximum group size of 10.
- All children at least 3 but under 10: maximum group size of 11.
- All children at least 5 but under 10: maximum group size of 12.2Justia Law. Kansas Administrative Regulations 28-4-114 – Applicant, Licensee
Once enrollment exceeds the one-provider maximum for a given age mix, a second provider must be on site. With two providers, the maximum group size tops out at 12 regardless of the ages involved.2Justia Law. Kansas Administrative Regulations 28-4-114 – Applicant, Licensee Children ages 10 to 15 who are unrelated to the provider and receive more than five hours of care per week also count toward the group size cap.
The practical effect: adding a single infant to a family home reduces the number of older children the provider can accept. Each infant effectively displaces two or three older slots.
Which License Type Applies
Any person or organization with custody of one or more unrelated children under 16 must hold a license or temporary permit from the Kansas Department of Health and Environment (KDHE).3Kansas Office of Revisor of Statutes. Kansas Statutes 65-501 – License or Temporary Permit Required The ratio rules you follow depend on which license you hold. A child care center is typically a larger operation in a commercial space with multiple staff and can serve dozens of children. A family child care home operates out of the provider’s residence with one or two caregivers and a smaller group.
When the Ratios Must Be Maintained
The regulation is not written around average staffing or a peak-hour benchmark. It applies at all times. That includes moments centers sometimes overlook: staff breaks, outdoor play, nap time, and the gaps between activities when children move from one space to another. Only staff who are physically with the children count. A director in the office does not count toward the ratio for a classroom down the hall.
Attendance shifts throughout the day as children arrive and are picked up, and the ratio has to hold across all of it. A single unplanned absence can push a room out of compliance. Records matter here too. Inspectors review children’s files, personnel files, attendance logs, and staffing schedules during visits, and if the records cannot show ratios were maintained, the inspector has no reason to assume they were.
What Happens If a Facility Is Out of Ratio
KDHE has a range of enforcement tools, and the response scales with how serious the violation is and whether the facility has a history of problems. For a violation that does not present immediate danger, KDHE can enter into a corrective action plan, which is a written agreement setting out exactly what the facility must fix and by when. Failing to follow through on the plan becomes independent grounds for stronger action. KDHE can also issue a probationary license, valid for up to six months and renewable once, giving a facility that is temporarily unable to meet all requirements up to one year to come into full compliance.4Kansas Department for Children and Families. Kansas Child Care Licensing Laws – K.S.A. 65-523
For serious or repeated violations, KDHE may deny, suspend, revoke, or refuse to renew a license under K.S.A. 65-523. Grounds include violating the licensing statutes or regulations, breaking the terms of the license, failing to meet health and safety standards, failing to provide required reports or records, and refusing inspections.4Kansas Department for Children and Families. Kansas Child Care Licensing Laws – K.S.A. 65-523
A revocation carries a long tail. A provider whose license is revoked cannot apply for a new one for at least a year after the revocation becomes final. Any licensee who has violated requirements three or more times, or whose actions contributed to the death or serious bodily harm of a child, is permanently barred from holding a Kansas childcare license or working under another licensee.5Kansas Office of Revisor of Statutes. Kansas Statutes 65-504 – Licenses, Contents, Limitations
When a complaint investigation reveals that children are at risk of abuse, abandonment, or another serious threat to their health or safety, KDHE can issue an emergency suspension that closes the facility immediately, before any hearing.6Kansas Department of Health and Environment. Child Care Complaint Investigations The suspension can be appealed, but the facility stays closed while the appeal is pending.
Inspections and How Ratios Get Checked
KDHE inspects every licensed child care facility at least once every 12 months, and a new facility must pass an inspection before receiving its initial license.7Justia Law. Kansas Statutes 65-512 – Inspections Inspectors have the right to enter every room and area of the facility, review required records, and observe how children are being cared for. On top of scheduled inspections, KDHE can inspect at any time if a facility has a history of repeated complaints or serious violations, and complaints trigger unannounced on-site visits.6Kansas Department of Health and Environment. Child Care Complaint Investigations
Changes Coming in 2026
Kansas is restructuring how it regulates childcare. Effective July 1, 2026, the statutory definition of “child care facility” under K.S.A. 65-503 will no longer include day care facilities or child care resource and referral agencies.8Kansas Office of Revisor of Statutes. Kansas Statutes 65-503 – Definitions Pending 2025 legislation would also let the state grant waivers for certain licensing conditions, including hiring requirements for lead and assistant teachers, on a case-by-case basis. The agency overseeing childcare licensing and some of the specific requirements may shift during 2026, so providers and parents should watch for updates before relying on the current framework past that date.