Kansas vs. New Mexico: Two States, Two Paths on Child Care, and a Growing Debate Over Safety

The national crisis over child care access and affordability has pushed states into uncharted territory, leading to two starkly different approaches in the American heartland and Southwest. In Kansas, a controversial move toward child care deregulation is sparking fears of increased danger, while New Mexico is embarking on a landmark universal child care program. This divergence highlights a critical debate: how do we support working families without sacrificing the safety of our most vulnerable?

Child Care Deregulation Raises 'Serious Safety Concerns' in Kansas

In a move intended to ease the burden on families and providers, the Kansas Legislature passed House Bill 2045, a law that significantly expands the number of children who can be cared for in an unlicensed home setting. Signed by Democratic governor Laura Kelly as a bipartisan compromise, the legislation was framed as a way to cut bureaucratic red tape and increase child care availability.

However, the law has faced immediate and harsh criticism. Safety advocates and state officials are sounding the alarm, arguing that raising the limit for unlicensed child care dismantles critical protections. The core issue is that these unregulated settings are not subject to the same licensing standards as licensed facilities, which include mandatory background checks, first-aid training, and inspections for safe sleep environments.

Child Care Death Risk Rises: Kansas HB 2045 Law Warned to Be Deadly After New State Report

The urgency of these concerns comes directly from the state’s own experts. The Kansas State Child Death Review Board (SCDRB), a panel tasked with reviewing child fatalities to prevent future tragedies, released its latest annual findings with a dire warning. The board stated unequivocally that the HB 2045 law poses an increased risk of injury and death to children.

This isn't just a chilling forecast; it's a conclusion based on a shocking history detailed in the report. The SCDRB’s message is clear: the new law creates the exact conditions that have previously led to preventable child deaths. The board is now urging Republican lawmakers and the governor to reverse course and strengthen, not weaken, regulatory oversight.

State's Own Data Sounds the Alarm on Infant Deaths

Using recent data, the SCDRB’s report confirmed that 14 children died in Kansas child care settings between 2016 and 2020. The most disturbing figure is that 9 of those deaths occurred in unregulated settings. Of the 14 total deaths, 13 were infants under one year old, with many of those tragedies directly linked to unsafe sleep practices.

These are exactly the kinds of tragedies that licensing standards are designed to prevent. Licensed providers in Kansas are legally required to undergo mandatory training in safe sleep, CPR, and first aid. The SCDRB warns that by expanding the number of children in unlicensed care, the state is knowingly placing more infants in environments without these essential, life-saving requirements.

How Deregulation Cripples Enforcement

The legal shift created by HB 2045 is the core reason for the alarm. Before the law, an unlicensed at-home day care could watch a maximum of 3 unrelated children. Under the new rules, a provider can now legally care for up to 4 infants under 18 months, plus 2 older children—effectively allowing for a small, completely unregulated care center.

This expanded exemption creates a massive legal loophole and cripples enforcement. The Kansas Department of Health and Environment (KDHE) now faces a much higher burden of proof. State regulators must now prove a provider exceeds these new, much higher thresholds before they can legally intervene. This fundamentally shifts their role from proactive prevention to reactive investigation, meaning they can often only act after harm has occurred.

Liability, Fines, and Reform

With state oversight severely weakened, the legal landscape shifts dramatically. Accountability for a daycare injury or death now moves away from proactive state enforcement and toward questions of negligence and civil liability in the courts—a process that only begins after a tragedy strikes. This new legal ambiguity makes it exponentially harder for the state to proactively enforce basic safety.

In response, the SCDRB did not stop at simply issuing a warning; it demanded specific legal changes to undo the risk. The board called on the Kansas Legislature to make immediate reforms, including: Mandatory Licensing: Require licensing for any provider caring for more than one non-related infant. Increased Penalties: Significantly increase daily fines for illegal operation from the current $50 to as much as $10,000 for severe violations. * Immediate Action: Grant regulators the explicit power to issue immediate cease-and-desist orders and public warnings about dangerous unlicensed operations.

Universal Child Care on the Way in New Mexico

Meanwhile, New Mexico is taking a nearly opposite approach. In ALBUQUERQUE, N.M., providers are bracing for the state’s "first-in-the-nation launch" of a universal child care program. Funded by a constitutional amendment, the program will use state money to make child care free for most families and streamline the system for providers.

Valeria Holloway, owner of Best of the Southwest Daycare in Rio Rancho, told KOB 4 she is excited about the change. The New Mexico Early Childhood Education and Care Department promises the system will help centers get contracts and background checks faster. “We’ve never really had enough staff,” Holloway said, expressing hope that the state support will help. While some providers are still in the dark and waiting on guidelines just 11 days before the rollout, the move represents a massive state investment aimed at empowering parents and providers, not deregulation.

Summary

The child care crisis has led to divergent policy experiments in Kansas and New Mexico. In Kansas, lawmakers passed House Bill 2045, a child care deregulation law signed as a bipartisan measure to increase child care availability by raising the number of children allowed in unlicensed home settings. However, this has triggered serious safety concerns. The state’s own Child Death Review Board issued a stark warning, citing data that shows a majority of recent child care deaths occurred in such unregulated environments. The board argues the law cripples the state’s ability to conduct proactive oversight and has called for urgent reforms, including mandatory licensing and steeper fines. In sharp contrast, New Mexico is launching a universal child care program, using state funds to make care more affordable and support providers. This highlights a fundamental split in philosophy: one state is reducing oversight to lower costs, while the other is increasing public investment to solve the same problem.

Conclusion

The path Kansas has taken with its child care deregulation law, while born from a genuine need to address the child care shortage, represents a perilous gamble. The data and warnings from the Kansas State Child Death Review Board are not abstract predictions; they are based on a tragic history of preventable deaths. By expanding the unlicensed child care threshold, the state has knowingly weakened the very legal mechanisms designed to ensure basic safety for infants and toddlers. The argument that this empowers parents overlooks the fact that it also places the immense burden of vetting a completely unregulated environment on them. New Mexico's investment-heavy model presents its own challenges, but its philosophy is fundamentally different—it aims to build up the system, not tear down its guardrails. Ultimately, while policymakers grapple with costs and red tape, the consensus from child welfare experts remains clear: without basic oversight, you invite tragedy. Kansas may have inadvertently prioritized flexibility over safety, a decision that could have heartbreaking consequences.

FAQs

What is the Kansas child care deregulation law, HB 2045?

House Bill 2045 is a Kansas law that increases the number of children a person can care for in their home without a state license. This was done to increase child care availability but has raised significant safety concerns.

Why are there safety concerns about child care deregulation in Kansas?

Critics, including the Kansas State Child Death Review Board, are concerned because unlicensed providers are not required to undergo background checks, safety inspections, or mandatory training in things like safe sleep for infants.

What did the Kansas State Child Death Review Board report find?

The board's report found that a majority of child deaths in care settings occurred in unregulated environments. It warned that HB 2045 will likely lead to more preventable child injuries and deaths.

How does child care deregulation affect state oversight?

The law makes it much harder for state agencies like the KDHE to intervene. They can now only step in after a provider exceeds the new, higher capacity limits, shifting their role from preventing harm to investigating it after the fact.

What is New Mexico doing differently for child care?

New Mexico is launching a universal child care program, using state funding to make child care free for most families and provide more support and resources to licensed providers, representing an investment-based solution.

What are the risks of using unlicensed child care?

The primary risks are the absence of background checks for all adults in the home, a lack of mandatory safety training (like CPR and safe sleep), and no regular inspections to ensure a safe environment for children. Unused Words: Elizabeth A. Seaton, Kansas City, K.S.A. 65-514, Rep. Sean Tarwater, Stilwell, Las Cruces, 16, 2026, 200, 35, 140, 12,000, 4, covenant schools, administrative law specialist