reglab/statecodes huggingface dataset:
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 › 12-17.2-3.5-6. Tuberculosis Screening

Sec. 6. (a) A provider who is an individual shall have an intradermal tuberculosis test before the provider is eligible for a voucher payment.
(b) A provider shall assure that an individual who is at least eighteen (18) years of age and:
(1) who, if the provider operates a child care program in the provider's home, resides with the provider; or
(2) who:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where the provider operates a child care program;
has an intradermal tuberculosis test before the individual resides with the provider or is employed or allowed to volunteer as a caregiver.
(c) A provider shall maintain documentation of an annual health assessment by a physician reflecting the results of symptom screening for tuberculosis for:
(1) the provider, if the provider is an individual; and
(2) an individual described in subsection (b);
who has a history of latent or active tuberculosis.
(d) A provider shall provide the results of the tests and screening required under this section to the division upon request.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.16.
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 › 12-17.2-3.5-7. Parent Notification Plan; Discipline Policy; Parent Visits

Sec. 7. (a) A provider shall have written plans for notifying parents regarding the following:
(1) Illness, serious injury, or death of the provider.
(2) Care in an emergency.
(3) Emergency evacuation.
The plan required under subdivision (3) must be posted in a conspicuous location in the facility where the provider operates a child care program.
(b) A provider shall:
(1) maintain a written child discipline policy;
(2) ensure that all employees and volunteers follow the child discipline policy;
(3) provide to the parent or legal guardian of each child cared for by the provider a written copy of the child discipline policy; and
(4) maintain in each child's file a copy of the child discipline policy that has been signed by the parent or legal guardian described in subdivision (3).
(c) A provider shall allow unscheduled visits by a parent or legal guardian to a facility where the provider operates a child care program during the hours the child care program is in operation.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.17; P.L.225-2013, SEC.12.
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 › 12-17.2-3.5-8. Caregiver Requirements; Education; Documentation

Sec. 8. (a) At least one (1) adult individual who maintains annual certification in a course of cardiopulmonary resuscitation applicable to all age groups of children cared for by a provider shall be present at all times when a child is in the care of the provider.
(b) The following apply to an individual who is employed or volunteers as a caregiver at a facility where a provider operates a child care program:
(1) The individual shall maintain current certification in first aid applicable to all age groups of children cared for by the provider.
(2) If the individual is:
(A) at least eighteen (18) years of age, the individual may act as a caregiver without supervision of another caregiver; or
(B) less than eighteen (18) years of age, the individual may act as a caregiver only if the individual:
(i) is at least fourteen (14) years of age; and
(ii) is, at all times when child care is provided, directly supervised by a caregiver who is at least eighteen (18) years of age.
(3) Before beginning employment or volunteer duties, the individual must receive a formal orientation to the facility and the child care program.
(4) Beginning July 1, 2015, unless the provider is a parent, stepparent, guardian, custodian, or other relative to each child in the care of the provider, the individual annually must receive at least twelve (12) hours of continuing education approved by the division and related to the age appropriate educational development, care, and safety of children. The hours of continuing education required by this subdivision may include the training described in this chapter concerning child abuse detection and prevention, first aid, cardiopulmonary resuscitation, and safe sleeping practices.
(5) Not more than three (3) months after the individual begins employment or volunteer duties, the individual must receive training approved by the division concerning child abuse detection and prevention.
(c) A provider shall:
(1) maintain at the facility where the provider operates a child care program documentation of all training and completion of continuing education required by this section; and
(2) make the documentation available to the division upon request.
As added by P.L.247-2001, SEC.3. Amended by P.L.47-2002, SEC.1; P.L.18-2003, SEC.18; P.L.225-2013, SEC.13; P.L.171-2014, SEC.5.
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 › 12-17.2-3.5-8.5. Child Abuse or Neglect Reporting

Sec. 8.5. (a) A provider shall provide to all employees and volunteers of the provider the written material prepared and made available by the division under subsection (c).
(b) An employee or a volunteer of a provider who has reason to believe that a child in the provider's care is a victim of child abuse or neglect shall make a report as required under IC 31-33-5.
(c) The division shall do the following:
(1) Prepare written material specifying the following:
(A) The duty to report known or suspected child abuse or neglect under IC 31-33-5.
(B) That knowing failure to make a report required by:
(i) IC 31-33-5-1;
(ii) IC 31-33-5-2; or
(iii) IC 31-33-5-2.5;
is a Class B misdemeanor under IC 31-33-22-1.
(2) Make the written material under subdivision (1) available to providers.
As added by P.L.171-2014, SEC.6. Amended by P.L.183-2017, SEC.2.
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 › 12-17.2-3.5-9. Communication Devices

Sec. 9. (a) A provider shall have at least one (1) working telephone in each facility where the provider operates a child care program.
(b) A provider shall, in each facility where the provider operates a child care program, have a communication device (which may be the telephone required by subsection (a)) that is:
(1) approved by the division; and
(2) compatible with an automated time and attendance tracking system approved by the division.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.19; P.L.171-2014, 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 › 12-17.2-3.5-10. Fire Safety Requirements

Sec. 10. (a) A facility where a provider operates a child care program must have two (2) exits that:
(1) do not require passage through a:
(A) garage; or
(B) storage area;
where hazardous materials are stored;
(2) are not windows;
(3) are on different sides of the facility;
(4) are not blocked; and
(5) are operable from the inside without the use of a key or any special knowledge.
(b) A provider shall:
(1) conduct monthly documented fire drills:
(A) in accordance with the rules of the fire prevention and building safety commission; and
(B) that include complete evacuation of all:
(i) children; and
(ii) adults who provide child care;
in the facility;
(2) maintain documentation of all fire drills conducted during the immediately preceding twelve (12) month period, including:
(A) the date and time of the fire drill;
(B) the name of the individual who conducted the fire drill;
(C) the weather conditions at the time of the fire drill; and
(D) the amount of time required to fully evacuate the facility; and
(3) maintain a two and one-half (2 1/2) pound or greater ABC multiple purpose fire extinguisher:
(A) on each floor of the facility; and
(B) in the kitchen area of the facility;
in each facility where the provider operates a child care program.
As added by P.L.247-2001, SEC.3. Amended by P.L.131-2002, SEC.2; P.L.18-2003, SEC.20.
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 › 12-17.2-3.5-11. Safety

Sec. 11. (a) A provider shall provide for a safe environment by ensuring that no conditions exist in or on the grounds of the facility where the provider operates a child care program that would endanger the health, safety, or welfare of the children, including ensuring that the following items are placed in areas that are inaccessible to the children in the provider's care:
(1) Firearms, ammunition, and other weapons.
(2) Poisons, chemicals, bleach, and cleaning materials.
(3) Medications.
(b) A provider shall do the following with respect to transporting children away from the facility where the provider operates a child care program:
(1) Obtain written permission from the child's parent or legal guardian to transport the child.
(2) Ensure that the child is transported only by an employee or a volunteer who:
(A) is at least eighteen (18) years of age;
(B) holds a valid driver's license; and
(C) transports the child in a properly licensed and insured motor vehicle.
As added by P.L.247-2001, SEC.3. Amended by P.L.225-2013, SEC.14; P.L.25-2018, SEC.2.
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 › 12-17.2-3.5-11.1. Immunizations

Sec. 11.1. (a) After December 31, 2002, a provider shall maintain and annually update documentation provided by the physician of each child who is cared for in a facility where the provider operates a child care program that the child has received complete age appropriate immunizations, including:
(1) conjugated pneumococcal vaccine; and
(2) varicella vaccine or a demonstrated immunity to varicella.
The Indiana department of health shall determine for each age level the immunizations that constitute complete age appropriate immunizations.
(b) A provider meets the requirement of subsection (a) if:
(1) a child's parent:
(A) objects to immunizations for religious reasons; and
(B) provides documentation of the parent's objection;
(2) the child's physician provides documentation of a medical reason the child should not be immunized; or
(3) the child's physician provides documentation that the child is currently in the process of receiving complete age appropriate immunizations;
and the provider maintains and annually updates the documentation provided by the parent or physician under this subsection.
As added by P.L.121-2002, SEC.1 and P.L.131-2002, SEC.3. Amended by P.L.18-2003, SEC.21; P.L.56-2023, SEC.119.
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 › 12-17.2-3.5-12.5. Safe Sleeping Practices; Violations; Penalties

Sec. 12.5. (a) A provider that cares for children who are less than twelve (12) months of age shall:
(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and
(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.
(b) If a provider violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the facility where the provider operates a child care program:
(1) On the first inspection during which a violation is determined during a licensure period, issue a formal warning letter stating the division's intent to take administrative action and impose a civil penalty for any future violation.
(2) On the second inspection during which a violation is determined during a licensure period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection.
(3) On the third inspection during which a violation is determined during a licensure period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection.
(4) On the fourth inspection during which a violation is determined during a licensure period:
(A) decertify the provider for not more than six (6) months; and
(B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection.
(5) On the fifth inspection during which a violation is determined during a licensure period:
(A) decertify the provider for one (1) year; and
(B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection.
(c) The division shall send to the provider written notice:
(1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and
(2) that failure to pay any monetary civil penalty may result in decertification of the provider for not more than two (2) years.
(d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.
(e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director.
As added by P.L.53-2018, 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 › 12-17.2-3.5-13. Local Step Ahead Councils

Sec. 13. A local step ahead council may not require a child care ministry to meet any minimum standards in addition to the standards described in this chapter unless the additional standards are approved by the:
(1) general assembly; or
(2) division.
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 › 12-17.2-3.5-14. Administrative Review

Sec. 14. (a) Notice of a determination made under this chapter must be provided under IC 4-21.5-3-6.
(b) A person affected by a determination made under this chapter may seek administrative review under IC 4-21.5-3-7.
As added by P.L.109-2002, 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 › 12-17.2-3.5-14.5. Develop Provider Rate Reimbursement Schedule; Incentive to Meet Standards of Quality

Sec. 14.5. Not later than July 1, 2017, the division shall develop a provider rate reimbursement schedule that uses money appropriated by the general assembly as an incentive for providers that are eligible to receive voucher payments under this chapter to meet the standards of quality recognized by a Level 3 or Level 4 Paths to QUALITY program rating.
As added by P.L.184-2017, SEC.11.
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 › 12-17.2-3.5-15. Rulemaking

Sec. 15. The division shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.18-2003, SEC.24.
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 › 12-17.2-3.5-16. Decertification and Revocation of Eligibility

Sec. 16. (a) The division may, according to rules adopted under IC 4-22-2, decertify a provider for any of the following reasons:
(1) The provider fails to comply with this chapter.
(2) The provider refuses to allow, during normal business hours, the division or an agent of the division to inspect the facility where the provider operates a child care program.
(b) A provider is ineligible, and the division may revoke for a period of not less than two (2) years from the date on which a final determination is made under IC 4-21.5 a provider's eligibility, to receive a voucher payment under this chapter for any of the following reasons:
(1) The provider is determined by the division to have made false statements in the provider's:
(A) application for eligibility to receive a voucher payment; or
(B) records required by the division;
under this chapter.
(2) Credible allegations of fraud have been made against the provider, as determined by the division.
(3) Criminal charges of welfare fraud have been filed against the provider.
(4) Allegations of welfare fraud committed by the provider have been substantiated by the division.
As added by P.L.225-2013, SEC.15. Amended by P.L.171-2014, SEC.8.
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 › 12-17.2-3.5-18. Child Abuse and Neglect

Sec. 18. (a) Upon receiving notice of a claim of abuse or neglect in a facility where a provider operates a child care program, the department of child services shall:
(1) forward a copy of the notice to the division; and
(2) conduct an investigation of the claim.
(b) After an investigation under subsection (a), the department of child services shall make a determination of whether abuse or neglect occurred at the facility.
(c) If the department of child services makes a determination under IC 31-33-8-12 that abuse or neglect at the facility is substantiated, the department shall send a copy of the department's report to the appropriate office of the division.
As added by P.L.225-2013, SEC.17.
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 › 12-17.2-3.5-19. Notifications of Injury or Death of Child

Sec. 19. (a) A provider shall immediately notify the parent or legal guardian of a child in the care of the provider concerning any of the following that occur during the hours that the child is in the care of the provider:
(1) A:
(A) bodily injury (as defined in IC 35-31.5-2-29); or
(B) serious bodily injury (as defined in IC 35-31.5-2-292);
of the child that requires the attention of a physician, dentist, registered nurse, licensed practical nurse, paramedic, or emergency medical technician.
(2) The death of the child.
(b) A provider shall:
(1) not more than twenty-four (24) hours after the occurrence of an incident described in subsection (a)(1); and
(2) immediately after the occurrence of an incident described in subsection (a)(2);
notify the division of the occurrence of the incident.
(c) Information that:
(1) is obtained under subsection (b);
(2) concerns a bodily injury or serious bodily injury described in subsection (a)(1); and
(3) could be used to identify an individual child;
is confidential.
As added by P.L.171-2014, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 3.8. Early Education Evaluation Program › 12-17.2-3.8-5.1. Initial Appointments to Committee; Terms

Sec. 5.1. (a) As used in this section, "committee" refers to the early learning advisory committee established by section 5 of this chapter.
(b) The term of a member who was appointed to the committee before April 1, 2022, expires on April 1, 2022.
(c) Not later than June 30, 2022, the applicable appointing authorities shall appoint members to the committee in accordance with section 5 of this chapter.
(d) The initial appointments by the governor described in section 5(b)(3) of this chapter shall begin not later than July 1, 2022, and the initial terms of the members initially appointed under section 5(b)(3) of this chapter are as follows:
(1) The members appointed under section 5(b)(3)(A), 5(b)(3)(C), 5(b)(3)(D), and 5(b)(3)(G) of this chapter shall serve an initial term of two (2) years.
(2) The members appointed under section 5(b)(3)(B), 5(b)(3)(E), and 5(b)(3)(F) of this chapter shall serve an initial term of three (3) years.
(e) This section expires January 1, 2026.
As added by P.L.139-2022, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-1. Operation of Center Without Proper Licensure; Prohibition

Sec. 1. (a) A person may not operate a child care center without a license issued under this article.
(b) The state or a political subdivision of the state may not operate a child care center without a license issued under this article.
(c) A person may not operate a child care center where:
(1) the number of children maintained on the premises at any one (1) time is greater than the number authorized by the license; and
(2) the children are maintained in a building or place not designated by the license.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-2. Conditions for Licensing; Waivers and Variances

Sec. 2. (a) A license may be issued only if a child care center is in compliance with food, health, safety, and sanitation standards as determined by the division under rules adopted by the division under IC 12-17.2-2-4 or in accordance with a variance or waiver approved by the division under IC 12-17.2-2-10.
(b) A license may be issued only if the child care center is in substantial compliance with the fire and life safety rules as determined by the state fire marshal under rules adopted by the division under IC 12-17.2-2-4 or in accordance with a variance or waiver approved by the division under IC 12-17.2-2-10.
(c) The division may issue a waiver or variance regarding a determination by the division or the state fire marshal under subsections (a) and (b).
(d) At least one (1) adult individual who maintains current certification in a course of cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care center shall be present at all times when a child is in the care of a child care center. Certifications accepted under this subsection must include a live return demonstration of skills.
(e) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a child care center shall maintain current certification in first aid applicable to all age groups of children cared for by the child care center.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.10; P.L.247-2001, SEC.6; P.L.47-2002, SEC.2; P.L.18-2003, SEC.25; P.L.145-2006, SEC.96; P.L.128-2012, SEC.17; P.L.246-2023, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-3.1. Maintenance of Electronic Mail Address

Sec. 3.1. A person that holds a license under this chapter shall, for the duration of the person's licensure under this chapter, maintain the electronic mail address provided by the person in the person's application for the license.
As added by P.L.183-2021, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-3.3. Meet Certain Requirements by July 1, 2014

Sec. 3.3. A person that holds a license under this chapter on July 1, 2013, shall, at no expense to the state, meet the requirements under section 3(e) of this chapter not later than July 1, 2014.
As added by P.L.287-2013, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-3.5. Drug Testing

Sec. 3.5. (a) A child care center shall, at no expense to the state, maintain and make available to the division upon request a copy of drug testing results for an individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at the child care center. The drug testing results required under this subsection must be obtained before the individual is employed or allowed to volunteer as a caregiver.
(b) A child care center shall maintain a written policy specifying the following:
(1) That the:
(A) use of:
(i) tobacco; or
(ii) a potentially toxic substance in a manner other than the substance's intended purpose; and
(B) use or possession of alcohol or an illegal substance;
is prohibited in the child care center when child care is being provided.
(2) That drug testing of individuals who serve as caregivers at the child care center will be:
(A) performed based on a protocol established or approved by the division; and
(B) required if an individual is suspected of noncompliance with the requirements specified under subdivision (1).
(c) If:
(1) the drug testing results obtained under subsection (a) or (b) indicate the presence of a prohibited substance described in subsection (b)(1)(A)(ii) or (b)(1)(B); or
(2) an individual refuses to submit to a drug test;
the child care center shall immediately suspend or terminate the individual's employment or volunteer service.
(d) A child care center that suspends an individual described in subsection (c) shall maintain a written policy providing for reinstatement of the individual following rehabilitation and drug testing results that are negative for a prohibited substance described in subsection (b)(1)(A)(ii) or (b)(1)(B).
(e) Drug testing results obtained under this section are confidential and may not be disclosed for any purpose other than the purpose described in this section.
(f) A child care center that does not comply with this section is subject to:
(1) denial of an application for a license; or
(2) suspension or revocation of a license issued;
under this chapter.
As added by P.L.18-2003, SEC.26. Amended by P.L.6-2004, SEC.3; P.L.16-2006, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-4.1. Safe Sleeping Practices; Violations; Penalties

Sec. 4.1. (a) A licensee that cares for children who are less than twelve (12) months of age shall:
(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and
(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.
(b) If a licensee violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the child care center:
(1) On the first inspection during which a violation is determined during a licensure period, issue a formal warning letter stating the division's intent to take administrative action and impose a civil penalty for any future violation.
(2) On the second inspection during which a violation is determined during a licensure period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection.
(3) On the third inspection during which a violation is determined during a licensure period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection.
(4) On the fourth inspection during which a violation is determined during a licensure period:
(A) place the child care center's license on probation for not more than six (6) months; and
(B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection.
(5) On the fifth inspection during which a violation is determined during a licensure period:
(A) suspend or revoke the child care center's license for one (1) year; and
(B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection.
(c) The division shall send to the licensee written notice:
(1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and
(2) that failure to pay any monetary civil penalty may result in revocation of the child care center's license for not more than two (2) years.
(d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.
(e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director.
As added by P.L.53-2018, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-5. Grounds for Denial of License Applications

Sec. 5. (a) The following constitute sufficient grounds for a denial of a license application:
(1) A determination by the department of child services established by IC 31-25-1-1 of child abuse or neglect (as defined in IC 31-9-2-14) by:
(A) the applicant;
(B) an employee of the applicant who may be present on the premises of the child care center during operating hours of the child care center; or
(C) a volunteer of the applicant who may be present on the premises of the child care center during operating hours of the child care center.
(2) A criminal conviction of the applicant, or an employee or volunteer of the applicant who may be present on the premises of the child care center during operating hours of the child care center, of any of the following:
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without a license under section 35 of this chapter, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(D) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the applicant made false statements in the applicant's application for licensure.
(4) A determination by the division that the applicant made false statements in the records required by the division.
(5) A determination by the division that the applicant previously operated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction of an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer has been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer does not require denial of a license application.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.12; P.L.1-1997, SEC.66; P.L.109-2002, SEC.8; P.L.146-2006, SEC.4; P.L.287-2013, SEC.10; P.L.121-2020, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-6. Incomplete Applications

Sec. 6. The division may not act on an incomplete application. The division shall return an incomplete application with a notation as to omissions. The return of an incomplete application shall be without prejudice.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-7. Investigations of Applicants

Sec. 7. The division shall investigate a person seeking licensure to determine whether the person is in compliance with this article and the rules adopted under this article. The investigation shall be conducted at a reasonable time and in a reasonable manner, in announced or unannounced visits. Activities may include onsite inspections, record reading, observation, and interviewing. The division may require that evidence of compliance with the rules be presented in a form and manner specified in the rules.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-8. Issuance of Licenses

Sec. 8. The division shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance 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 4. Regulation of Child Care Centers › 12-17.2-4-9. Eligibility for Variances

Sec. 9. A child care center may be eligible to receive a variance from the requirements of this chapter by complying with IC 12-17.2-2-10.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-10. Denial of Licenses

Sec. 10. (a) The division shall deny a license if an applicant fails to meet the requirements for a license.
(b) The division shall provide the applicant with written notice, sent by electronic mail to the electronic mail address provided by the applicant in the application, that the application has been denied. The division shall include in the notice the reasons for the denial and a request that the applicant confirm receipt of the notice by electronic mail sent to an electronic mail address specified in the notice. If the applicant does not confirm receipt of the notice by electronic mail not later than three (3) working days after the division sends the notice, the division shall provide the notice to the applicant by certified mail or personal service.
(c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made within thirty (30) calendar days after:
(1) the applicant confirms receipt of the notice sent by electronic mail under subsection (b); or
(2) the division:
(A) mails the notice to the applicant; or
(B) provides the notice to the applicant by personal service;
under subsection (b).
(d) The administrative hearing shall be scheduled within sixty (60) calendar days after receiving the written request.
(e) The administrative hearing shall be held in accordance with IC 4-21.5-3.
(f) The division shall issue a decision within sixty (60) calendar days after the conclusion of the hearing.
As added by P.L.1-1993, SEC.141. Amended by P.L.183-2021, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-11. Investigation of Unlicensed Premises

Sec. 11. The division shall investigate any premises that the division has reason to believe are being used for child care without a license in circumstances where a license is required.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-12. Expiration, Transferability, Display, and Renewal of Licenses; Other Information

Sec. 12. (a) A license for a child care center expires two (2) years after the date of issuance, unless revoked, modified to a probationary or suspended status, or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the application; and
(3) remains the property of the division.
(c) A current license shall be publicly displayed.
(d) When a licensee submits a timely application for renewal, the current license shall remain in effect until the division issues a license or denies the application.
(e) A licensee shall publicly display and make available, as a handout, written documentation of:
(1) any changes in the status of the licensee's license;
(2) a telephone number and an Internet site where information may be obtained from the division concerning:
(A) the current status of the licensee's license;
(B) any complaints filed with the division concerning the licensee; and
(C) violations of this article by the licensee; and
(3) a telephone number of the office of the Indiana child care resource and referral program of the county in which the child care center is located.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-13. Provisional Licenses

Sec. 13. (a) The division may grant a provisional license to an applicant who is not able to demonstrate compliance with a rule because the child care center is not in full operation.
(b) A provisional license shall be granted for a limited period not to exceed one (1) year and is subject to review every three (3) months.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.13.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-14. Probationary Licenses

Sec. 14. (a) The division may grant a probationary license to a licensee who is temporarily unable to comply with a rule if:
(1) the noncompliance does not present an immediate threat to the health and well-being of the children;
(2) the licensee files a plan with the division or the state fire marshal to correct the areas of noncompliance within the probationary period; and
(3) the division or state fire marshal approves the plan.
(b) A probationary license is valid for not more than six (6) months. The division may extend a probationary license for one (1) additional period of six (6) months.
(c) An existing license is invalidated when a probationary license is issued.
(d) At the expiration of the probationary license, the division shall reinstate the original license to the end of the original term of the license, issue a new license, or revoke the license.
(e) Upon receipt of a probationary license, the licensee shall return to the division the previously issued license.
(f) The division shall:
(1) upon issuing a probationary license under this section, provide written notice to the licensee that the division will provide the notice required under subdivision (2); and
(2) not more than seven (7) days after issuing a probationary license under this section, publish notice under IC 5-3-1 and provide written notice to the parent or guardian of each child enrolled in the child care center of the:
(A) issuance of the probationary license; and
(B) reason for the issuance of the probationary license.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-15. Inspections

Sec. 15. The division and the state fire marshal shall do the following:
(1) Make annual onsite inspections.
(2) Keep written records of their monitoring activities and inspections.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-15.5. Licensure of Montessori Programs

Sec. 15.5. (a) This section applies to a program that:
(1) admits for enrollment children at least two and one-half (2.5) years of age, but not more than six (6) years of age; and
(2) is validated as a Montessori program by the United Montessori Schools of Indiana.
(b) For purposes of determining the:
(1) child to staff ratio; and
(2) group size;
requirements that apply to a program described in subsection (a) for purposes of licensure of the program under this chapter, the division shall use the average age of the children in the group as of January 1 of the school year.
As added by P.L.81-2022, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-16. Cooperation by Licensees

Sec. 16. The licensee shall cooperate with the division and the state fire marshal in carrying out these activities, including permitting the division and the state fire marshal to conduct announced or unannounced inspections.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-17. Unscheduled Visits by Parents and Guardians

Sec. 17. Unscheduled visits by a custodial parent or guardian of a child shall be permitted at any time the child care center is in operation.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-17.5. Supervision of Children

Sec. 17.5. A licensee shall ensure that a child in the licensee's care is continually supervised by a caregiver.
As added by P.L.18-2003, SEC.27.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-18. Records

Sec. 18. (a) A licensee shall keep records regarding each child in the control and care of the licensee as the division requires and shall report to the division, upon request, the facts the division requires with reference to children.
(b) The division shall keep records regarding children and facts learned about children and their parents or relatives confidential.
(c) The following are permitted access to records regarding children and facts learned about children:
(1) A state agency involved in the licensing of the child care center.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child placed at the child care center.
(5) The parent, guardian, or custodian of the child at the child care center.
As added by P.L.1-1993, SEC.141.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-18.1. Immunizations

Sec. 18.1. (a) After December 31, 2002, a licensee shall maintain and annually update documentation provided by the physician of each child who is cared for in a child care center where the licensee provides child care that the child has received complete age appropriate immunizations, including:
(1) conjugated pneumococcal vaccine; and
(2) varicella vaccine or a demonstrated immunity to varicella.
The Indiana department of health shall determine for each age level the immunizations that constitute complete age appropriate immunizations.
(b) A licensee meets the requirement of subsection (a) if:
(1) a child's parent:
(A) objects to immunizations for religious reasons; and
(B) provides documentation of the parent's objection;
(2) the child's physician provides documentation of a medical reason the child should not be immunized; or
(3) the child's physician provides documentation that the child is currently in the process of receiving complete age appropriate immunizations;
and the licensee maintains and annually updates the documentation provided by the parent or physician under this subsection.
As added by P.L.121-2002, SEC.2. Amended by P.L.18-2003, SEC.28; P.L.56-2023, SEC.120.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-18.5. Duties of Child Care Centers Regarding Missing Child Reports

Sec. 18.5. (a) Upon receiving a report under IC 31-36-1-4, a child care center shall thoroughly inspect the report. If the child care center finds that a child on the report required under IC 31-36-1-4 is enrolled at the child care center, the child care center shall immediately notify the Indiana clearinghouse for information on missing children and missing endangered adults.
(b) Upon receiving a report under IC 31-36-1-4, a child care center shall attach a notice to the child's enrollment records stating that the child has been reported missing. The child care center shall remove the notice when the center is notified under IC 31-36-2-6 that the child has been found.
(c) If a request for the enrollment records of a missing child is received, the child care center shall:
(1) obtain:
(A) the name, address, and telephone number of the person making the request; and
(B) the reason that the person is requesting the school records; and
(2) immediately notify the Indiana clearinghouse for information on missing children and missing endangered adults.
(d) The child care center may not issue a copy of the enrollment records of a child reported missing without authorization from the Indiana clearinghouse for information on missing children and missing endangered adults and may not inform the person making the request that a notice that the child has been reported missing has been attached to the child's records.
As added by P.L.12-1994, SEC.8. Amended by P.L.1-1997, SEC.67; P.L.43-2009, SEC.14.
2023 Indiana Code › Title 12. Human Services › Article 17.2. Day Care Regulation › Chapter 4. Regulation of Child Care Centers › 12-17.2-4-18.7. Violations Posing Immediate Threat to Life or Well-Being of Child; Orders

Sec. 18.7. (a) The division shall adopt rules under IC 4-22-2 to establish a list of violations of this article that would pose an immediate threat to the life or well-being of a child in the care of a licensee.
(b) If an employee or agent of the division determines that a violation described in subsection (a) exists, the division shall:
(1) issue an emergency or another temporary order under IC 4-21.5-4 requiring the licensee to immediately cease operation of the child care center; and
(2) contact the parent or guardian of each child enrolled in the child care center to inform the parent or guardian:
(A) that the division has issued an order to require the licensee to cease operation of the child care center; and
(B) of the reason for the order to cease operation;
pending the outcome of proceedings conducted under sections 20 through 22 of this chapter.
(c) An emergency or another temporary order issued by an employee or agent of the division must be approved by the director.
(d) An approval under subsection (c) may be communicated orally to the employee or agent issuing the order. However, the division shall maintain a written record of the approval.
(e) The list established under subsection (a) must include the presence of firearms, ammunition, or other weapons in a place that is accessible to a child in the care of a licensee.
As added by P.L.241-2003, SEC.9. Amended by P.L.25-2018, SEC.5.