reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-1. "Applicant" Defined

Sec. 1. As used in this chapter, "applicant" means either:
(1) a school corporation; or
(2) a nonprofit organization that:
(A) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
(B) has provided extracurricular activities or services to children continuously for at least one (1) year before the date of application for a grant under this chapter;
that applies to the division of family resources for a grant from the school age child care fund for the purpose of establishing and operating a school age child care program or for the purpose of maintaining an existing school age child care program.
[Pre-1992 Revision Citation: 12-3-29-1.]
As added by P.L.2-1992, SEC.11. Amended by P.L.145-2006, SEC.88.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-2. "Contribution" Defined

Sec. 2. As used in this chapter, "contribution" includes providing a facility, personnel, transportation, or supplies that will be used in operating a program.
[Pre-1992 Revision Citation: 12-3-29-3.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-3. "Facility" Defined

Sec. 3. As used in this chapter, "facility" means a school or other building in which a school age child care program is operated.
[Pre-1992 Revision Citation: 12-3-29-4.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-4. "Fund" Defined

Sec. 4. As used in this chapter, "fund" refers to the school age child care project fund established by this chapter.
[Pre-1992 Revision Citation: 12-3-29-5.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-5. "School Age Child Care Program" Defined

Sec. 5. As used in this chapter, "school age child care program" means a program operated by a school corporation or a nonprofit organization that offers care to children who are at least five (5) years of age but less than fifteen (15) years of age for the following periods of time:
(1) Before or after the school day, or both.
(2) When school is not in session.
(3) When school is in session for students who are enrolled in a half-day kindergarten program.
[Pre-1992 Revision Citation: 12-3-29-6.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-6. "School Corporation" Defined

Sec. 6. As used in this chapter, "school corporation" has the meaning set forth in IC 20-18-2-16.
[Pre-1992 Revision Citation: 12-3-29-7.]
As added by P.L.2-1992, SEC.11. Amended by P.L.1-2005, SEC.133.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-7. Establishment of Fund; Purpose; Administration

Sec. 7. The school age child care project fund is established. The fund consists of money appropriated under IC 6-7-1-30.2(c). The purpose of the fund is to provide a source from which state grants may be made to school corporations or nonprofit organizations that establish and operate school age child care programs in Indiana. The division shall administer the fund.
[Pre-1992 Revision Citation: 12-3-29-8(a).]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-8. Administration Expenses

Sec. 8. The expenses of administering the fund shall be paid from money in the fund.
[Pre-1992 Revision Citation: 12-3-29-8(b).]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-9. Investments

Sec. 9. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from the investments shall be deposited in the fund.
[Pre-1992 Revision Citation: 12-3-29-8(c).]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-10. Reversion

Sec. 10. Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1992 Revision Citation: 12-3-29-8(d).]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-11. Grants; Approval Criteria

Sec. 11. The division may approve a grant from the fund to an applicant if the applicant demonstrates to the division that the applicant is able to do the following:
(1) Provide a physical environment that is safe and appropriate to the various age levels of the children to be served.
(2) Provide transportation, if necessary, to and from a school or schools to the facility operated by the applicant.
(3) Provide program activities that are appropriate to the various age levels of the children to be served and that meet the developmental needs of each child.
(4) Provide efficient and effective program administration.
(5) Provide a staff that meets standards set by the division under section 17 of this chapter.
(6) Provide for nutritional needs of children enrolled in the program.
(7) Provide emergency health services to children served by the program.
(8) Operate a school age child care program in accordance with the cost and expense standards set by the division under section 17 of this chapter.
[Pre-1992 Revision Citation: 12-3-29-9.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-12. Program Enrollment Priorities

Sec. 12. The division may not approve a grant from the fund to an applicant unless the applicant agrees to adopt the following program enrollment priorities:
(1) First priority must be given to children who are referred to a program by the department of child services under IC 31-33 (or IC 31-6-11 before its repeal). Within this priority, children in families with the lowest gross monthly income compared to other children in this priority level must be enrolled first.
(2) Second priority must be given to children in kindergarten and grades 1 through 3 and the children's siblings if the children's families need school age child care services because of:
(A) enrollment of a child's legal custodian in vocational training under a degree program;
(B) employment of a child's legal custodian; or
(C) physical or mental incapacitation of a child's legal custodian.
(3) Third priority must be given to children in grades 4 through 9 if the children's families need school age child care services because of:
(A) enrollment of a child's legal custodian in vocational training under a degree program;
(B) employment of a child's legal custodian; or
(C) physical or mental incapacitation of a child's legal custodian.
[Pre-1992 Revision Citation: 12-3-29-10(a).]
As added by P.L.2-1992, SEC.11. Amended by P.L.1-1997, SEC.65; P.L.234-2005, SEC.33.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-13. Fee Schedules Prerequisite

Sec. 13. The division may not approve a grant from the fund to an applicant unless the applicant agrees to adopt fee schedules based upon a sliding income scale set by the division under section 17 of this chapter.
[Pre-1992 Revision Citation: 12-3-29-10(b).]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-14. Facility Standards

Sec. 14. The division may not approve a grant from the fund to an applicant that is planning to use a facility not located in a school, unless the applicant's facility meets the following:
(1) Standards for sanitation that are adopted by the director of the division.
(2) Standards for fire safety that are adopted by the department of homeland security.
[Pre-1992 Revision Citation: 12-3-29-10(c).]
As added by P.L.2-1992, SEC.11. Amended by P.L.1-2006, SEC.190; P.L.187-2021, SEC.43.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-15. Applications

Sec. 15. An applicant who desires to apply for a grant from the fund must apply to the division in the manner prescribed by the division under section 17 of this chapter.
[Pre-1992 Revision Citation: 12-3-29-11.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-16. Purpose and Amount of Grants

Sec. 16. The division may make grants from the fund to approved applicants for the establishment and maintenance of a school age child care program. The amount of each grant awarded by the division must be an amount that is not more than nine (9) times the monetary value of the approved applicant's contribution. The amount granted by the division for use by a single program may not exceed forty thousand dollars ($40,000).
[Pre-1992 Revision Citation: 12-3-29-12.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-17. Administrative Rules

Sec. 17. The director of the division shall adopt rules under IC 4-22-2 necessary to carry out this chapter, including rules specifying the following:
(1) Standards for the hiring of staff for a school age child care program.
(2) Cost and expense standards for establishing and operating a school age child care program within a school and within a facility other than a school.
(3) A sliding fee scale for use by school age child care programs that are operating under a grant from the fund.
(4) Minimum staff to child ratios for a school age child care program.
(5) Physical space requirements for a school age child care program, including indoor and outdoor space.
(6) Nutrition requirements for a school age child care program.
(7) Standards for the provision of emergency health services in a school age child care program.
(8) Application guidelines and deadlines.
(9) A method for establishing priority of applicants.
[Pre-1992 Revision Citation: 12-3-29-13(a).]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-18. Annual Report

Sec. 18. The division shall annually report to the governor and the general assembly the following information:
(1) The number of applicants for grants from the fund.
(2) The number of grants awarded by the division.
(3) Amounts left in the fund on June 30 of each year.
(4) Other information requested by the governor or the general assembly.
A report under this section to the general assembly must be in an electronic format under IC 5-14-6.
[Pre-1992 Revision Citation: 12-3-29-13(b).]
As added by P.L.2-1992, SEC.11. Amended by P.L.28-2004, SEC.106.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-19. Fire Safety Rules

Sec. 19. The state fire marshal shall adopt rules under IC 4-22-2 to govern fire safety in school age child care programs.
[Pre-1992 Revision Citation: 12-3-29-14(a).]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 12. School Age Child Care Project Fund › 12-17-12-20. Sanitation Rules

Sec. 20. The director of the division shall adopt rules under IC 4-22-2 to govern sanitation in school age child care programs.
[Pre-1992 Revision Citation: 12-3-29-14(b).]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-1. "Applicant" Defined

Sec. 1. As used in this chapter, "applicant" means an organization that applies to the division for a grant for either of the following purposes:
(1) To establish and operate a preschool child care program.
(2) To maintain an existing preschool child care program.
[Pre-1992 Revision Citation: 4-28-6.2-1.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-2. "Facility" Defined

Sec. 2. As used in this chapter, "facility" means a school or other building in which a preschool child care program is operated.
[Pre-1992 Revision Citation: 4-28-6.2-2.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-3. "Preschool Child Care Program" Defined

Sec. 3. As used in this chapter, "preschool child care program" means a program operated by an organization that offers care to children who are:
(1) less than six (6) years of age; and
(2) not eligible to enroll in a public school.
[Pre-1992 Revision Citation: 4-28-6.2-3.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-4. Applications for Federal and State Funds

Sec. 4. The division may apply for federal and state money to assist applicants under this chapter.
[Pre-1992 Revision Citation: 4-28-6.2-4.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-5. Approval of Grant; Requisites

Sec. 5. The division may approve a grant to an applicant if the applicant demonstrates to the division that the applicant can do the following:
(1) Provide a physical environment that is safe and appropriate to the various age levels of the children to be served.
(2) Meet licensing standards required under IC 12-17.2 and IC 31-27.
(3) If necessary, provide transportation to and from the facility operated by the applicant.
(4) Provide program activities that are appropriate to the various age levels of the children to be served and that meet the developmental needs of each child.
(5) Provide efficient and effective program administration.
(6) Provide a staff that meets standards set by the division under this chapter.
(7) Provide for nutritional needs of children enrolled in the program.
(8) Provide emergency health services to children served by the program.
(9) Operate a preschool child care program in accordance with the cost and expense standards set by the division under this chapter.
[Pre-1992 Revision Citation: 4-28-6.2-5.]
As added by P.L.2-1992, SEC.11. Amended by P.L.20-1992, SEC.27 and P.L.81-1992, SEC.30; P.L.1-1993, SEC.140; P.L.145-2006, SEC.89.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-6. Agreements for Low Income Family Service and Sliding Scale Fee Schedules

Sec. 6. The division may not approve a grant to an applicant unless the applicant agrees to do both of the following:
(1) Serve children whose family income does not exceed one hundred fifty percent (150%) of the official poverty income guidelines established by the Office of Management and Budget, as revised periodically by the United States Secretary of Health and Human Services under 42 U.S.C. 9902(2) for use in community services block grant programs.
(2) Adopt fee schedules based upon a sliding scale set by the division under this chapter.
[Pre-1992 Revision Citation: 4-28-6.2-6.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-7. Necessity for Application

Sec. 7. An applicant that desires to apply for a grant must apply to the division as prescribed by this chapter.
[Pre-1992 Revision Citation: 4-28-6.2-7.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-8. Reapplication in Following Fiscal Year

Sec. 8. An applicant that receives a grant in a fiscal year and desires to receive a grant in the following fiscal year must reapply as prescribed by this chapter.
[Pre-1992 Revision Citation: 4-28-6.2-8.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 13. Grants to Preschool Programs › 12-17-13-9. Administrative Rules

Sec. 9. The director of the division may adopt rules under IC 4-22-2 to carry out this chapter, including rules specifying the following:
(1) Standards for the hiring of staff for a preschool child care program.
(2) Cost and expense standards for the establishment and operation of a preschool child care program within a school and within a facility other than a school.
(3) A sliding fee scale for use by preschool child care programs that are operating under a grant under this chapter.
(4) Minimum staff to child ratios for a preschool child care program.
(5) Physical space requirements for a preschool child care program, including indoor and outdoor space.
(6) Nutrition requirements for a preschool child care program.
(7) Standards for the provision of emergency health services in a preschool child care program.
(8) Application guidelines and deadlines.
(9) A method for establishing priority of applicants.
[Pre-1992 Revision Citation: 4-28-6.2-9.]
As added by P.L.2-1992, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 14. Repealed

[Pre-1992 Revision Citations:
12-17-14-1formerly 12-3-30-212-17-14-2formerly 12-3-30-312-17-14-3formerly 12-3-30-512-17-14-4formerly 12-3-30-612-17-14-5formerly 16-17-2-112-17-14-6formerly 16-17-3-112-17-14-7formerly 16-17-4-112-17-14-8formerly 16-17-4-212-17-14-9formerly 16-17-4-312-17-14-10formerly 16-17-4-412-17-14-11formerly 16-17-4-512-17-14-12formerly 16-17-4-612-17-14-13formerly 16-17-4-712-17-14-14formerly 16-17-4-812-17-14-15formerly 16-17-4-912-17-14-16formerly 16-17-4-1012-17-14-17formerly 16-17-5-112-17-14-18formerly 16-17-5-2.]
Repealed by P.L.21-1992, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 17. Children's Services › Chapter 19. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:
12-17-19-1formerly 20-1-1.8-112-17-19-2formerly 20-1-1.8-212-17-19-3formerly 20-1-1.8-312-17-19-4formerly 20-1-1.8-412-17-19-5formerly 20-1-1.8-512-17-19-6formerly 20-1-1.8-612-17-19-7formerly 20-1-1.8-712-17-19-8formerly 20-1-1.8-812-17-19-9formerly 20-1-1.8-912-17-19-10formerly 20-1-1.8-1012-17-19-11formerly 20-1-1.8-1112-17-19-12formerly 20-1-1.8-11.112-17-19-13formerly 20-1-1.8-1212-17-19-14formerly 20-1-1.8-1312-17-19-15formerly 20-1-1.8-1412-17-19-16formerly 20-1-1.8-1512-17-19-17formerly 20-1-1.8-1612-17-19-18formerly 20-1-1.8-1712-17-19-19formerly 20-1-1.8-17.212-17-19-20formerly 20-1-1.8-1812-17-19-21formerly 20-1-1.8-1912-17-19-22formerly 20-1-1.8-2012-17-19-23formerly 20-1-1.8-2112-17-19-24formerly 20-1-1.8-2212-17-19-25formerly 20-1-1.8-23.]
Repealed by P.L.210-2015, SEC.53.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 1. Applicability › 12-17.2-1-1. Application of Article

Sec. 1. This article does not apply to the following:
(1) A child care center or child care home licensed or operated by any of the following:
(A) Programs for children in grades kindergarten through 12 that are operated under the authority of the department of education or that are operated with the assistance of the department of education.
(B) The division of mental health and addiction.
(C) The Indiana department of health.
(D) The department of correction.
(2) A county jail or detention center.
As added by P.L.1-1993, SEC.141. Amended by P.L.215-2001, SEC.50; P.L.56-2023, SEC.116.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-1.5. Child Care Center or Child Care Home Reports of Children Enrolled; Parental Consent to Submission of Information

Sec. 1.5. (a) The division shall require all child care centers or child care homes to submit a report containing the names and birth dates of all children who are enrolled in the child care center or child care home within three (3) months from the date the child care center or child care home accepts its first child, upon receiving the consent of the child's parent, guardian, or custodian as required under subsection (b). The division shall require all child care centers and child care homes that receive written consent as described under subsection (b) to submit a monthly report of the name and birth date of each additional child who has been enrolled in or withdrawn from the child care center or child care home during the preceding thirty (30) days.
(b) The division shall require all child care centers or child care homes to request whether the child's parent, guardian, or custodian desires the center or home to include the child's name and birth date in the reports described under subsection (a) before enrolling the child in the center or home. No child's name or birth date may be included on the report required under subsection (a) without the signed consent of the child's parent, guardian, or custodian. The consent form must be in the following form:
"I give my permission for _____________________ (name of day care center or home) to report the name and birth date of my child or children to the division of family resources pursuant to IC 12-17.2-2-1.5.
Name of child ____________________________________
Birth date _______________________________________
Signature of parent, guardian, or custodian
_______________________________________________
Date ____________________________________________".
(c) The division shall submit a monthly report of the information provided under subsection (a) to the Indiana clearinghouse for information on missing children and missing endangered adults established under IC 10-13-5.
(d) The division shall require that a person who transports children who are in the care of the child care center on a public highway (as defined in IC 9-25-2-4) within or outside Indiana in a vehicle designed and constructed for the accommodation of more than ten (10) passengers must comply with the same requirements set forth in IC 20-27-9-12 for a public elementary or secondary school or a preschool operated by a school corporation.
As added by P.L.12-1994, SEC.7. Amended by P.L.278-2001, SEC.1; P.L.2-2003, SEC.41; P.L.1-2005, SEC.135; P.L.145-2006, SEC.92; P.L.43-2009, SEC.13.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-2. Powers of Division

Sec. 2. The division may do the following:
(1) Prescribe forms for reports, statements, notices, and other documents required by this article or by the rules adopted under this article.
(2) Increase public awareness of this article and the rules adopted under this article by preparing and publishing manuals and guides explaining this article and the rules adopted under this article.
(3) Facilitate compliance with and enforcement of this article through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this article.
(5) Seek the advice and recommendations of state agencies whose information and knowledge would be of assistance in writing, revising, or monitoring rules developed under this article. These agencies, including the office of the attorney general, Indiana department of health, division of mental health and addiction, bureau of criminal identification and investigation, and fire prevention and building safety commission, shall upon request supply necessary information to the division.
(6) Make the directory of licensees available to the public for a charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license application and renewal as follows:
(A) For a child care center license, a fee of two dollars ($2) per licensed child capacity.
(B) For a child care center new inquiry application packet, a fee not to exceed five dollars ($5).
(C) For a child care home license new inquiry application packet, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not to exceed twenty-five dollars ($25).
(8) Exercise any other regulatory and administrative powers necessary to carry out the functions of the division.
As added by P.L.1-1993, SEC.141. Amended by P.L.215-2001, SEC.51; P.L.56-2023, SEC.117.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-3. Division of Family Resources Child Care Fund

Sec. 3. (a) The division of family resources child care fund is established for the purpose of providing training and facilitating compliance with and enforcement of this article. The fund shall be administered by the division.
(b) The fund consists of the fees and civil penalties collected under this article.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) Money in the fund is continuously appropriated to carry out the purposes of this article.
As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006, SEC.93; P.L.108-2019, SEC.199.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-4. Child Care Center Licensing and Inspection Rules

Sec. 4. (a) The division shall adopt rules under IC 4-22-2 concerning the licensing and inspection of child care centers and child care homes after consultation with the following:
(1) Indiana department of health.
(2) Fire prevention and building safety commission.
(b) The rules adopted under subsection (a) shall be applied by the division and state fire marshal in the licensing and inspection of applicants for a license and licensees under this article.
As added by P.L.1-1993, SEC.141. Amended by P.L.210-2015, SEC.54; P.L.56-2023, SEC.118.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-5. Child Care Ministry Inspection Rules

Sec. 5. (a) The division shall adopt rules under IC 4-22-2 to govern the inspection of child care ministries under this article. The rules must provide standards for sanitation.
(b) A child care ministry shall comply with rules established by the division for child care ministries.
As added by P.L.1-1993, SEC.141. Amended by P.L.159-1995, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-5.5. Administrative Rules and Policy Statements

Sec. 5.5. (a) Notwithstanding IC 12-7-2-149.1, as used in this section, "provider" means a person who provides child care under this article.
(b) When the division adopts an administrative rule or a policy statement to administer this article, the division shall make the administrative rule or policy statement available to the public upon request.
(c) When the division adopts an administrative rule or a policy statement to administer this article, the administrative rule or policy statement must specifically identify the type of provider to which the administrative rule or policy statement applies.
(d) When the division provides information to the public concerning an administrative rule or a policy statement adopted by the division, each document provided must specifically identify the type of provider to which the administrative rule or policy statement applies.
As added by P.L.19-2003, SEC.2. Amended by P.L.241-2003, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-6. Monitoring of Licensed Entities

Sec. 6. (a) The division shall monitor entities licensed under this article for the continued compliance with this article and the rules adopted by the division.
(b) The division shall conduct monitoring activities that include onsite inspections, record reading, observation, and interviewing.
(c) The division shall conduct an onsite licensing study at least one (1) time a year in announced or unannounced visits.
(d) The division is entitled to access to the premises, personnel, children in care, and records, including case records, foster care records, personnel files, corporate and fiscal records, and board minutes. Access shall also be provided to personnel from other state agencies or other persons who provide inspections at the request of the division.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-7. Investigation of Complaints

Sec. 7. The division shall investigate complaints to determine possible noncompliance with the rules adopted by the division. The licensee is entitled to add comments concerning a complaint to the licensing file. The division shall consider all formal complaints against a licensee before a license may be renewed.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-9. Migrant Children's Programs

Sec. 9. (a) A program operated to serve migrant children that is exempted under section 8(6) of this chapter and is certified by the United States Department of Health and Human Services shall be:
(1) granted a provisional license by the division, for a limited period not to exceed one (1) year and that is subject to review every three (3) months, if the division determines that the program reasonably complies with the rules adopted by the division; and
(2) inspected by the department of homeland security.
(b) The division and the fire prevention and building safety commission shall adopt rules under IC 4-22-2 that apply only to programs operated to serve migrant children that take into consideration the fact that the programs:
(1) operate in donated space;
(2) provide services for children from migrant worker families; and
(3) are operated during a single period of less than one hundred twenty (120) consecutive days during a calendar year.
(c) This section does not prohibit a program operated to serve migrant children from applying for a license under this article.
As added by P.L.1-1993, SEC.141. Amended by P.L.1-2006, SEC.192; P.L.187-2021, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-10. Variances and Waivers

Sec. 10. (a) The division may grant a variance or waiver of a rule governing a provider. A variance or waiver granted under this section must promote statewide practices and must protect the rights of persons affected by this article.
(b) The division may grant a variance to a rule if a provider does the following:
(1) Submits to the division a written request for the variance in the form and manner specified by the division.
(2) Documents that compliance with an alternative method of compliance approved by the division will not be adverse to the health, safety, or welfare of a child receiving services from the applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned upon compliance with the alternative method approved by the division. Noncompliance constitutes the violation of a rule of the division and may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if a provider does the following:
(1) Submits to the division a written request for the waiver in the form and manner specified by the division.
(2) Documents that compliance with the rule specified in the application for the waiver will create an undue hardship on the applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in substantial compliance with the rules adopted by the division after the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the application for a waiver will not be adverse to the health, safety, or welfare of a child receiving services from the applicant for the waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care homes, a variance or waiver of a rule under this section that conflicts with a building rule or fire safety rule adopted by the fire prevention and building safety commission is not effective until the variance or waiver is approved by the fire prevention and building safety commission.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.7; P.L.2-1995, SEC.51; P.L.145-2006, SEC.94; P.L.225-2013, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-11. Expiration of Variances and Waivers

Sec. 11. A waiver or variance granted under section 10 of this chapter and a waiver or variance renewed under section 12 of this chapter expires on the earlier of the following:
(1) The date when the license affected by the waiver or variance expires.
(2) The date set by the division for the expiration of the waiver or variance.
(3) The occurrence of the event set by the division for the expiration of the waiver or variance.
(4) Two (2) years after the date that the waiver or variance becomes effective.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-12. Renewal of Variances and Waivers

Sec. 12. (a) If the division determines that a waiver or variance expiring under section 11 of this chapter will continue to serve the public interest, the division may do the following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed to promote statewide practices and to protect the rights of persons affected by this article.
(b) Before taking an action under subsection (a), the division may require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form specified by the division.
(2) Provide the information required by the division.
(c) Except for a waiver or variance of a rule governing child care homes or foster homes, before taking an action under subsection (a), the division must obtain the approval of the fire prevention and building safety commission for the action if either of the following occurs:
(1) The fire prevention and building safety commission substantially changes a building rule or fire safety rule affected by the waiver or variance after the date the commission last approved the waiver or variance.
(2) The division substantially modifies any part of a waiver or variance that conflicts with a building rule or fire safety rule adopted by the fire prevention and building safety commission.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-13. Revocation of Variances and Waivers

Sec. 13. (a) If a licensee under this article violates a condition of a waiver or variance under this chapter, the division may issue an order revoking the waiver or variance before the waiver or variance expires under section 11 of this chapter.
(b) If the waiver or variance is revoked under subsection (a), the licensee is entitled to notice and an opportunity for a hearing as provided under this article.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-14. Repealed

As added by P.L.205-2013, SEC.210 and P.L.287-2013, SEC.5. Repealed by P.L.2-2014, SEC.66; P.L.2-2014, SEC.67.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-14.2. Paths to Quality Program Established

Sec. 14.2. (a) As used in this section, "program" refers to the paths to QUALITY program established by subsection (b).
(b) The paths to QUALITY program is established. The program is a voluntary child care facility quality rating and improvement system implemented by the division in partnership with the following organizations under the trademark "Paths to QUALITY":
(1) Indiana Association for the Education of Young Children.
(2) Indiana Association for Child Care Resource and Referral.
(3) Indiana Head Start Collaboration Office.
(4) Department of education established by IC 20-19-3-1.
(5) Early Childhood Alliance.
(6) 4C of Southern Indiana.
(c) The program shall use four (4) levels at which a child care facility participating in the program may be rated, with Level 4 indicating the highest level of quality child care.
(d) The office of the secretary shall adopt rules under IC 4-22-2 to administer the paths to QUALITY program rating system. The rules must include procedures that outline eligibility and application procedures for the program, the establishment of procedures relating to the rating process, and the establishment or alteration of standards used in the rating process.
(e) The office of the secretary shall adopt rules under IC 4-22-2 to establish the steering council of the program to make recommendations to the division on program issues and resources. Rules adopted under this subsection must require that council members be appointed from partner organizations that assist in the implementation of the program and serve to coordinate the program plan.
As added by P.L.2-2014, SEC.68.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2. General Powers and Duties of the Division › 12-17.2-2-14.4. State Police Department Release Results of National Criminal History Background Check; Division Prohibited From Releasing Records

Sec. 14.4. (a) The state police department shall release the results of a national criminal history background check conducted in accordance with this article to the division.
(b) The division may not release records received from the state police department under subsection (a).
As added by P.L.2-2014, SEC.69.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2.5. Child Care Advisory Committees › 12-17.2-2.5-1. Establishment of Committees

Sec. 1. The division shall establish a child care advisory committee for each of the following categories of child care:
(1) Child care homes.
(2) Child care centers.
As added by P.L.126-2007, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2.5. Child Care Advisory Committees › 12-17.2-2.5-3. Membership

Sec. 3. Each committee must consist of members appointed:
(1) by the secretary or the secretary's designee; and
(2) to provide diversity in representing the types of child care that comprise the committee's category specified in section 1 of this chapter, including size, licensure status, accreditation status, and geographic location in Indiana.
As added by P.L.126-2007, SEC.1. Amended by P.L.35-2016, SEC.48.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2.5. Child Care Advisory Committees › 12-17.2-2.5-5. Attendance

Sec. 5. The child care administrator of the division (or the child care administrator's designee) and other representatives of the division shall attend the meetings of each committee.
As added by P.L.126-2007, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 2.5. Child Care Advisory Committees › 12-17.2-2.5-6. Annual Reports

Sec. 6. Each committee shall annually report to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 concerning the committee's activities during the previous year.
As added by P.L.126-2007, SEC.1. Amended by P.L.53-2014, SEC.109.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 10 of this chapter by P.L.131-2002 apply to a provider that begins receiving voucher payments after June 30, 2002.
As added by P.L.220-2011, SEC.268.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to all child care providers regardless of whether a provider is required to be licensed or registered under this article. However, except as provided in section 4(b) of this chapter, a child care provider that is licensed under IC 12-17.2-4 or IC 12-17.2-5 is considered to be in compliance with this chapter.
(b) If a school age child care program that is:
(1) described in IC 12-17.2-2-8(10); and
(2) located in a school building;
is determined to be in compliance with a requirement of this chapter by another state regulatory authority, the school age child care program is considered to be in compliance with the requirement under this chapter.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.8; P.L.16-2006, SEC.2; P.L.124-2007, SEC.4; P.L.225-2013, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-1.2. "Child Care Program"

Sec. 1.2. As used in this chapter, "child care program" refers to the activities provided for children during the time that children are in the care of a provider.
As added by P.L.18-2003, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-1.3. "Employed"; "Employee"; "Employment"; "Employs"

Sec. 1.3. As used in this chapter, "employed", "employee", "employment", or "employs" refers to services performed by an individual for compensation. The terms do not refer to services performed by an individual who volunteers, including an individual who provides assistance and receives an allowance, a stipend, or other support under the federal Foster Grandparent Program (42 U.S.C. 5011).
As added by P.L.18-2003, SEC.10. Amended by P.L.7-2015, SEC.37.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-1.7. Repealed

As added by P.L.18-2003, SEC.11. Repealed by P.L.225-2013, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-2. Repealed

As added by P.L.247-2001, SEC.3. Repealed by P.L.18-2003, SEC.34.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-3. "Voucher Payment"

Sec. 3. As used in this chapter, "voucher payment" means payment for child care through the federal Child Care and Development Fund voucher program administered under 45 CFR 98 and 45 CFR 99.
As added by P.L.247-2001, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-4.1. Perpetrators Ineligible

Sec. 4.1. (a) This section applies to the following:
(1) A provider, if the provider is an individual.
(2) If a provider operates a child care program in the provider's home, an individual who resides with the provider and who is at least eighteen (18) years of age.
(3) An individual who:
(A) is employed; or
(B) volunteers;
at the facility where a provider operates a child care program.
(b) If information used by the division under IC 31-33-26-16(a)(10) or obtained by the division under section 18 of this chapter indicates that an individual described in subsection (a) has been named as a perpetrator, the following are ineligible to receive a voucher payment:
(1) The individual.
(2) A provider in whose home the individual resides if the provider operates a child care program in the provider's home.
(3) A provider that:
(A) employs the individual; or
(B) allows the individual to volunteer;
at the facility where the provider operates a child care program.
As added by P.L.109-2002, SEC.3. Amended by P.L.18-2003, SEC.13; P.L.225-2013, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.5. Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program › 12-17.2-3.5-5.5. Supervision of Children; Ratios and Group Sizes

Sec. 5.5. (a) A provider shall ensure that a child in the provider's care is continually supervised by a caregiver.
(b) After June 30, 2015, a provider that cares for:
(1) not more than sixteen (16) children at a facility where the provider operates a child care program shall maintain:
(A) a ratio of children to caregivers in the same proportions as specified in the child to staff ratio requirements; and
(B) the same group sizes as specified in the group size requirements;
that apply to a child care home under IC 12-17.2-5; and
(2) more than sixteen (16) children at a facility where the provider operates a child care program shall maintain:
(A) a ratio of children to caregivers in the same proportions as specified in the child to staff ratio requirements; and
(B) the same group sizes as specified in the group size requirements;
that apply to a child care center under IC 12-17.2-4.
As added by P.L.18-2003, SEC.15. Amended by P.L.162-2005, SEC.2; P.L.225-2013, SEC.11; P.L.171-2014, SEC.4; P.L.53-2018, SEC.5.