As Kansas child death rate declines, report urges tougher laws for unlicensed child care

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The child death rate in Kansas dropped by about 7.5% in 2023, but the state continues to exceed the national rate, a new report shows.

The report also cautions about safety deficiencies in a new law that consolidates early childhood services and programs into one state office.

The Kansas State Child Death Review Board released a new report showing that 361 children under 18 died during 2023, the most recent year available.

Overall child deaths were down from 389 in 2022, but the overall rate hasn’t improved over the last five years, the report shows.

The state had a child death rate of 52 per 100,000 people compared to the national death rate of 49.8, the report showed. It was down from 56.3 in 2022.

The child death rate for Kansas was 51.7 per 100,000 people in 2019, and it has exceeded the national rate every year through 2023.

The report issued by the attorney general calls attention to the child care bill enacted by the Legislature this year and signed into law by the governor. The bill centralizes child care services into one office.

The board recommends that the Kansas Legislature address the “serious safety concerns” related to a licensing exemption in the bill that allows individuals to provide child care for fewer than 35 hours a week to up to four children without a license.

“Addressing these concerns will help uphold the quality and safety of child care in Kansas.”

The report recommends that lawmakers upgrade the penalties associated with providing unlicensed child care, which could include increasing fines from a minimum of $50 per day to $200 per day and reclassifying violations to make them more serious.

From 2019 and 2023, there were 16 children, all under the age of five, who died while in the care of a licensed or unlicensed child care provider, the report said.

Nine occurred in unlicensed facilities, four were in licensed facilities and two were in facilities that violated their license, the report said.

In only one case was the child a resident of the home-based child care where the death occurred, which also operated as a licensed child care home for other children.

Thirteen of those deaths were associated with unsafe sleep environments. The report suggested that unlicensed providers and other caregivers such as babysitters and family members may not be aware of safe sleeping practices.

The governor’s office would not comment on the recommendation. The bill passed 30-10 in the Senate and 99-23 in the House.

But Republican state Rep. Sean Tarwater, who negotiated the bill last session, said the legislation was developed to address one of the most pressing challenges facing Kansas families and the state’s economy — the shortage and high cost of child care.

“The intent behind this section 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 in statement.

“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,” he said.

He said the section of the bill questioned in the report “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 child care 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.

“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,” he said.

Kansas Action for Children agreed with the board’s recommendation.

“Licensure guarantees the basics needed to ensure the safety of children – background checks, CPR training, and updated best practices,” said Emily Barnes, education policy adviser for Kansas Action for Children.

“We’ll be closely watching the data in future years and hope it will receive dedicated attention to inform legislative solutions that result in fewer deaths and injuries in care environments,” Barnes said.

The overall report shows that  of the 361 child deaths in 2023, natural causes were listed in 54% of cases, 22% were due to unintentional injuries, 9% were undetermined, 8% were due to homicides, and 7% were death by suicide.

The board said it was worried about the number of child deaths in which alcohol or illicit substances were detected.

Out of the 361 child deaths, toxicology tests were run in 180 cases. Almost one in four of those tests flagged the presence of alcohol or illegal drugs.

In 24 cases, tests found the presence of marijuana. Meanwhile, in 16 cases tests detected fentanyl, nine found alcohol, three found methamphetamine and two found cocaine.

One of the cases involving cocaine involved the death of infant under the age of 1.

The report also raised concerns about the safety for children in the welfare system.

It found that in 37% – or 677 – of the 1,824 child fatality cases reviewed from 2019 to 2023, the child or their family had history with the child welfare system, specifically with the Department for Children and Families.

Of the 677 cases with a history involving child protective services, in 192 the child who died or a sibling had been removed from the home before the death, the report said.

The state did see a downturn in infant deaths during 2023 after they jumped by 21% the year before, driven partly by sudden infant death syndrome and children who suffocated because of unsafe sleep.

The number of infant deaths – children less than 1 year old – fell to 197 in 2023 from 210 the year before, but the overall rate is still above the national level.

The state had an infant mortality rate of 5.8 deaths per 1,000 live births, compared to the U.S. rate of 5.6.

“While Kansas has maintained a relatively stable infant mortality rate over the past five years, it continues to exceed both the national average and the Healthy People 2030 target of five deaths per 1,000 live births by the year 2030,” the report said.

Coordinated by the U.S. Department of Health and Human Services, Healthy People 2030 sets data-driven national objectives to improve health and wellbeing over the decade.

The board reported that 152 infants were found to have died by natural causes, with the leading causes identified as prematurity and congenital anomalies.

When examining the 45 cases of non-natural deaths, the leading causes were undetermined, sudden unexpected infant deaths and unintentional injury-suffocation with unsafe sleep.

The report found that out of 1,002 infant deaths from 2019 to 2023, 23% of those children had caregivers with current or prior involvement with child protective services and 22% had parents or caregivers with a history of substance abuse.

In 2023, there were 37 sleep-related sudden unexpected infant deaths, down from 44 in 2022. The sleeping position of the child played a role in many of those cases.

In nine of those cases, the child suffocated because of unsafe sleep factors and in 17 others there were indications of an unsafe sleeping position, although there was no evidence that the child’s airway had been blocked, the report said.

Out of the 221 sleep-related sudden child deaths reviewed from 2019 and 2023, only 23% of infants were placed in a crib or bassinet at the time of the death.

“Additionally, 55% of the infants were found to have been sharing a sleep surface with one or more individuals at the time of the incident.”

More than half – 57% – of the sleep-related deaths occurred when the infant was sleeping on the adult bed, with 43% of those co-sleeping with one or more individuals.

Eighty-five percent of the sudden unexpected infant deaths from 2019 to 2023 occurred in the child’s home, and 8% were in a relative’s home.

Just 4% occurred in unlicensed day care facilities, and 3% were in licensed facilities.