Bright Minds Academy at Hays Med

K.A.R. 28-4-125 Background checks. (a) (3) before allowing any individual to work, regularly volunteer, or reside in the facility and before allowing any individual whose activities involve either supervised or unsupervised access to children to be in the facility;

Facility did not submit identifying information for one individual as required to complete background checks. Corrected at Survey Visit. (Licensing survey — Compliance Check — 26-004405)

K.A.R. 28-4-440 Programs serving infants and toddlers. (l) There shall be daily communication between the parent or legal guardian and the staff about each child's behavior and development.

Per collateral interviews, daily communication between the parent(s) and the staff about each child's behavior and development is not conducted when injuries are not always reported to parents. (Complaint survey — To investigate a complaint — 26-001178)

K.A.R. 28-4-429 Staff qualifications. (e) Lead teacher. There shall be a lead teacher present with each unit of children in the facility. Each lead teacher shall have the following qualifications:

Per collateral interviews, facility does not always ensure a Lead Teacher is present in all units. (Complaint survey — To investigate a complaint — 26-001178)

K.A.R. 28-4-428 Staff requirements. (a) (2) The minimum staff-child ratio and the maximum number of children per unit shall be the following, at all times: Ages of children Minimum staff-child ratio Maximum number of children per unit Infants* A. 1 to 3 A. 9 or or B. 1 to 4 B. 8 Infants and other children under the age of 6 1 to 6 (including not more than 3 infants) 12 (including not more than 6 infants) Toddlers 1 to 6 12 Children at least 2 years of age but under the age of 3 1 to 7 14 Children at least 2.5 years of age but under school-age 1 to 12 24 School-age 1 to 16 32 * Only one staff-child ratio may be used at any one time for each infant unit.

Per collateral interviews, ratios are not always maintained in each unit during early morning drop-offs and late afternoons. (Complaint survey — To investigate a complaint — 26-001178)

K.A.R. 28-4-421 Terms of temporary permit or license. (a) (1) License capacity shall be determined by age of children, available space and number of self-contained units per facility.

Per collateral interviews, until recently, toddlers have been dropped off in the PreK unit from 6:00am-7:30am. The PreK unit is licensed for children 2.5 years to school age. (Complaint survey — To investigate a complaint — 26-001178)

K.A.R. 28-4-132 Child care practices. (b) (2) Each individual caring for children shall practice methods of behavior management that are designed to help each child develop inner controls and manage the child's own behavior in a socially acceptable manner. No individual caring for children shall use prohibited methods of punishment.

Per video footage, a staff member failed to demonstrate appropriate behavior management practices, as evidenced by grabbing a four-year-old child by the sides of their head and shaking the child's head while instructing the child to calm down as the child was screaming. (Complaint survey — To investigate a complaint — 25-009342)

K.A.R. 28-4-439 Child care centers: food service. (m) Staff shall sit at the table with the children, and socialization shall be encouraged. Children shall be encouraged to serve themselves.

Licensing Specialists' observed staff not sitting with children during lunch in PreK unit. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-439 Child care centers: food service. (h) A sufficient quantity of food shall be prepared for each meal to allow the children second portions of vegetables or fruit, bread, and milk.

Per collateral contacts, a sufficient quantity of food is not always available for lunch to allow children a second portion of vegetables or fruit or bread. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-426 Administration. (a) There shall be a written delegation of administrative authority designating the person in charge in the facility for all hours of operation.

Per collateral contacts, staff are not aware of who is in charge when program director and owners are not present. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-423 Physical plant. (c) (7) Individual towels or disposable products, and toilet paper shall be provided for each child. The use of common towels and washcloths shall be prohibited. When cloth towels and washcloths are used, they shall be labeled with the child's name, and laundered at least weekly. Hand soap shall be readily accessible in each bathroom.

Per collateral contacts, a shared common towel has been used to dry children's hands. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-421 Terms of temporary permit or license. (a) (1) License capacity shall be determined by age of children, available space and number of self-contained units per facility.

Per collateral contacts, Older Toddler unit has been with up to 15 children present, exceeding the maximum capacity of 14 children for “a few months”. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-132 Child care practices. (d) (2) (D) before and after eating each snack and each meal; and

Licensing Specialists' observed staff not prompting or assisting children to wash their hands after eating lunch and then returning to play in PreK unit. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-132 Child care practices. (c) (1) (B) mental and emotional cruelty, including verbal abuse, threats, derogatory remarks about the child or the child's family, or statements which tend to shame, humiliate, or frighten the child;

Per collateral contacts, prohibited punishment was used when a staff member told a child they were a “monster” and “idiot”. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-128 Safety and emergency procedures. (a) (5) Each licensee shall ensure that each staff member practices, at least annually, the procedures for assisting the children to move to a designated shelter-in-place area and to a designated off-premises relocation site. The date and time of each practice and a list of all participating staff members shall be recorded and kept on file on the premises.

Per collateral contacts, procedures for assisting the children to move to a designated shelter-in-place area and to a designated off-premises relocation site have not been practiced by staff as required annually. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-125 Background checks. (a) (3) before allowing any individual to work, regularly volunteer, or reside in the facility and before allowing any individual whose activities involve either supervised or unsupervised access to children to be in the facility;

Facility did not submit identifying information for one individual as required to complete background checks. (Complaint survey — To investigate a complaint — 25-009006)

K.A.R. 28-4-439 Child care centers: food service. (i) (3) (A) Each bottle that contains prepared formula shall be stored in the refrigerator with the nipple covered.

Two prepared bottles stored in the refrigerator, in Older Toddler unit, without the nipples covered. Corrected at time of survey. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-439 Child care centers: food service. (p) (2) All perishables and potentially hazardous foods shall be continuously maintained at 40 degrees Fahrenheit or lower in the refrigerator, or 10 degrees Fahrenheit or lower in the freezer, with 0 degrees Fahrenheit recommended. Each refrigerator and each freezer shall contain a clearly visible, accurate thermometer.

Refrigerator in Older Toddler unit was without a thermometer. Corrected at time of survey. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-436 Child care centers: napping and sleeping. (b) (1) Each applicant with a temporary permit and each licensee shall develop a written plan for safe sleep practices and implement safe sleep practices for children in care who are napping or sleeping.

Written plan for safe sleep practices, provided in parent/legal guardian handbook, needs further developed to include how children above the age of 12 months are napped. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-436 Child care centers: napping and sleeping. (b) (5) (F) The child shall sleep in a crib or a playpen that is free of any soft items, including pillows, quilts, blankets, bumpers, comforters, sheepskins, flat sheets, cloth diapers, bibs, stuffed animals, and toys.

A four-month-old was observed sleeping with a rolled-up towel next to their head. Corrected at time of survey per Licensing Specialist's request. A four-month-old and a nine-month-old were observed sleeping with their pacifier's loose in the crib while attached to their clothing by tethers. Corrected at time of survey per Licensing Specialist's request. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-430 Health practices; illness and abuse; general health requirements for staff. (a) (5) Immunizations for each child in care shall be current as medically appropriate and shall be maintained current for protection from the diseases specified in K.A.R. 28-1-20(d). A record of each child's immunizations shall be obtained not later than 60 calendar days after the child's initial enrollment in a child care facility and shall be maintained on the child's medical record form.

Four out of fifteen child files reviewed without immunizations current as medically appropriate. One out of fifteen child files reviewed without immunization records. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-430 Health practices; illness and abuse; general health requirements for staff. (a) (2) Each medical record shall include a medical history obtained from the parent or legal guardian. Each applicant with a temporary permit and each licensee shall review with each child's parent or legal guardian that child's medical history at least once every 12 months.

Four out of fifteen child files reviewed without medical record on file. Eight out of fifteen child files reviewed without medical record on current form. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-430 Health practices; illness and abuse; general health requirements for staff. (a) (1) Each medical record shall include the results of a health assessment conducted not more than twelve months before and obtained not later than 60 calendar days after the child's initial enrollment in a child care facility. The assessment shall be conducted by a licensed physician, a physician assistant, or by a nurse approved to perform health assessments.

Three out of fifteen child files reviewed without health assessment on file. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-429 Staff qualifications. (c) Program director requirements for facilities licensed for 24 or more children. Each applicant, each applicant with a temporary permit, and each licensee shall hire a program director that has the following requirements:

Program director without qualifications on file to review. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-428a Education and training requirements. (a) (2) Each licensee shall provide orientation to each program director not later than seven calendar days after the date of employment and before the program director is given sole responsibility for implementing and supervising the program.

Orientation not on file for program director employed on August 13th, 2025. (Licensing survey — Annual Survey — 25-005698)

K.A.R. 28-4-428a Education and training requirements. (a) (4)

Six out of fifteen staff files reviewed without orientation on file. One out of fifteen staff files reviewed with an incomplete orientation on file. (Licensing survey — Annual Survey — 25-005698)