reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-7 - Food; full-time care (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-7 ) to the Department of Child
				  Services ( 465 IAC 2-1-7 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-8 - Personal care of child in boarding home for full-time care of children; supervision; education; religion (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-8 ) to the Department of Child
				  Services ( 465 IAC 2-1-8 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-9 - Definition of "intermediate boarding home for the care of children;" emergency placement (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-9 ) to the Department of Child
				  Services ( 465 IAC 2-1-9 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-10 - Foster family; intermediate care; requirements (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-10 ) to the Department of Child
				  Services ( 465 IAC 2-1-10 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-11 - Housing, intermediate care; standards and requirements (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-11 ) to the Department of Child
				  Services ( 465 IAC 2-1-11 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-12 - Sanitation; intermediate care (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-12 ) to the Department of Child
				  Services ( 465 IAC 2-1-12 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-13 - Health; intermediate care; physical examination (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-13 ) to the Department of Child
				  Services ( 465 IAC 2-1-13 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-14 - Food; intermediate care (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-14 ) to the Department of Child
				  Services ( 465 IAC 2-1-14 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-15 - Personal care of child; intermediate care; supervision; education; religion (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-15 ) to the Department of Child
				  Services ( 465 IAC 2-1-15 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-15.5 - Foster parent training (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-15.5 ) to the Department of Child
				  Services ( 465 IAC 2-1-16 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-0.5 - Minimum standards

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 0.5.
This rule represents the minimum standards necessary to operate a child care home in the state of Indiana, developed under the authority of IC 12-17.2. These rules apply to the home during hours of operation as a child care home. The purpose of these rules is to protect and promote the health and safety of children in care and to support families as consumers of child care services. First and foremost, child care is the responsibility and choice of the parent. Many child care advocates, providers, licensing specialists, and parents participated in the development of these rules.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-1 - "Applicant" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 1.
As used in this rule, "applicant" means a person who applies for a license to operate a child care home.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-2 - "Assistant caregiver" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 2.
As used in this rule, "assistant caregiver" means a person eighteen (18) years of age or older who works in a child care home under the direct supervision of the caregiver.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-3 - "Attendance" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 3.
As used in this rule, "attendance" means the total number of children present at any one (1) time at the child care home.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-4 - "Caregiver" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 4.
As used in this rule, "caregiver" means a person eighteen (18) years of age or older who is responsible for the direct care, protection, and supervision of children in a child care home. The caregiver supervises assistant, student assistant, and volunteer caregivers.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-4.5 - "CDFC" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 4.5.
As used in this rule, "CDFC" means the central office of the Indiana division of family and children.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-6 - "Child care" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 6.
As used in this rule, "child care" means a service for families on behalf of children and their parents which is designed to supplement daily parental care.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-7 - "Child care home" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 7.
(a) As used in this rule, "child care home" means a residential structure in which at least six (6) children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider:
(1) while unattended by a parent, legal guardian, or custodian;
(2) for regular compensation; and
(3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.
The term does not include a child care center.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-7.1 - "Child to staff ratio" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 7.1.
As used in this rule, "child to staff ratio" means the maximum number of children permitted per direct child care provider.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-7.2 - "Class I child care home" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 7.2.
(a) As used in this rule, "Class I child care home" means a child care home that serves any combination of full-time and part-time children, not to exceed at any one (1) time twelve (12) children plus three (3) children during the school year only who are enrolled in at least grade one (1). The addition of three (3) school aged children may not occur during a break in the school year that exceeds four (4) weeks.
(b) A child:
(1) for whom a provider of care is a parent, stepparent, guardian, custodian, or other relative; and
(2) who is at least seven (7) years of age; shall not be counted in determining whether the child care home is within the limit set forth in subsection (a).
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-7.3 - "COFC" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 7.3.
As used in this rule, "COFC" means the county office of family and children in the county in which the child care home is located.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-7.4 - "Design professional" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 7.4.
As used in this rule, "design professional" means:
(1) an architect;
(2) an engineer; or
(3) other professional; who is approved to file building plans and is qualified to determine if a structure meets the definition of a residential structure.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-8 - "Direct child care provider" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 8.
As used in this rule, "direct child care provider" means any individual who provides child care services to children. This term includes the following:
(1) Licensee, when acting as caregiver.
(2) Caregiver, assistant caregivers, and student assistants.
(3) A volunteer.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-9 - "Discipline" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 9.
As used in this rule, "discipline" means training which corrects inappropriate behavior.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-10 - "Infant" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 10.
As used in this rule, "infant" means a child from birth to twelve (12) months of age.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-11 - "License" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 11.
As used in this rule, "license" means a document issued by the CDFC authorizing the operation of a child care home at a specific location for a specific duration and specifying the number of children for whom child care services may be provided.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-12 - "Licensee" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 12.
As used in this rule, "licensee" means an individual or corporation who is licensed to operate a child care home. A licensee may be licensed to operate more than one (1) child care home. The licensee may be the caregiver for only one (1) child care home at a time.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-12.5 - "Probationary license" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 12.5.
(a) As used in this rule, "probationary license" means a document issued to a child care home licensee who is temporarily unable to comply with this rule. The CDFC may grant a probationary license 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 COFC to correct the areas of noncompliance within the probationary period; and
(3) the COFC approves the plan.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-13 - "Protected outdoor play area" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 13.
As used in this rule, "protected outdoor play area" means an area that is safely enclosed by either a fence or natural boundaries.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-14 - "Provisional license" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 14.
As used in this rule, "provisional license" means a document issued to a child care home licensee whose services are needed but who is not able to demonstrate compliance with a rule because the child care home is not in full operation. A provisional license may be issued for a period not to exceed twelve (12) months and is subject to review every three (3) months.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-15 - "Relatives" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 15.
As used in this rule, "relatives" means a relationship to an individual who is less than eighteen (18) years of age by marriage, blood, or adoption, including parents, grandparents, brothers, sisters, stepparents, stepgrandparents, stepsisters, stepbrothers, uncles, aunts, and first cousins.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-16 - "Residential structure" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 16.
(a) As used in this rule, "residential structure" means a dwelling unit as that term is defined in 675 IAC 14-4
[ 675 IAC 14-4 was repealed filed Oct 30, 1997, 12:45 p.m.: 21 IR 1003.]
. It may be the applicant's or licensee's own residence.
(b) If the applicant, or any person, does not presently physically reside in the structure, the applicant or licensee shall provide documentation by a design professional that the structure qualifies as a residential structure before a license for a child care home may be issued.
(c) Licensed child care homes that hold a regular license with the CDFC on the effective date of this rule are exempt from meeting the requirements of subsection (b).
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-17 - "Sanitize" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 17.
As used in this rule, "sanitize" means to destroy disease causing organisms by chemical or mechanical means, including, but not limited to, a chemical means of using one (1) teaspoon of bleach per gallon of water.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-19 - "SFM" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 19.
As used in this rule, "SFM" means the office of the state fire marshal in the department of fire and building services.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-20 - "Student assistant" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 20.
As used in this rule, "student assistant" means an individual fourteen (14) years of age through seventeen (17) years of age who works in a child care home under the direct supervision of the caregiver.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-21 - "Toddler" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 21.
As used in this rule, "toddler" means a child from twelve (12) months of age through twenty-four (24) months of age.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-22 - "Variance" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 22.
As used in this rule, "variance" means official permission granted by the CDFC to meet the intent of a specific rule in a way other than specified by the rule.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-22.5 - "Volunteer" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 22.5.
As used in this rule, "volunteer" means a direct child care provider who is not paid. If the volunteer is counted in the child to staff ratio, he or she must be fourteen (14) years of age or older and must meet the same requirements as paid personnel.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-23 - "Waiver" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 23.
As used in this rule, "waiver" means official permission granted by the CDFC to be exempted from meeting a specific rule.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-24 - Child care home maximum capacity

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 24.
A maximum of fifteen (15) children who are less than eleven (11) years of age may be present in the Class I child care home at any one (1) time during any part of the day. This number includes the caregiver's own children, related children, unrelated children, and any part-time child care children present.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-26 - Exemption from licensure

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 26.
Licensing is not required for a child care home if the provider:
(1) does not receive regular compensation;
(2) cares only for children who are related to the provider;
(3) cares for less than six (6) children, not including children for whom the provider is a parent, stepparent, guardian, custodian, or other relative; or
(4) operates to serve migrant children.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-27 - Application for licensure

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 27.
Application for a license to operate a child care home must be submitted by the applicant every two (2) years to the COFC on forms provided for that purpose by the CDFC.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-28 - Initial licensure

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 28.
(a) An applicant for a child care home license shall do the following:
(1) Attend an orientation training arranged or approved by the CDFC.
(2) Comply with application procedures required by this rule.
(3) Submit to the COFC a completed, signed application for a child care home license, including attachments required to demonstrate compliance with this rule.
(4) Submit a statement attesting that the applicant has not been:
(A) convicted of a felony or a misdemeanor relating to the health and safety of children; and
(B) charged with:
(i) a felony; or
(ii) a misdemeanor relating to the health and safety of children; during the pendency of the application.
(5) Within thirty (30) days of application, submit a written medical statement, including proof of a Mantoux tuberculin test or chest x-ray, signed by a physician or a certified nurse practitioner. (Refer to section 34 of this rule.)
(6) Submit a water quality test as required by section 47(b) of this rule.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-28.5 - Annual inspection

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 28.5.
(a) The COFC will send a letter of request to the licensee for an information update which includes the name of the licensee, the name of the caregiver, the address and phone number of the child care home, and the license expiration date.
(b) The COFC shall make an annual visit to the home during normal business hours and will complete a limited inspection checklist.
(c) The caregiver shall maintain and make available verification of the following:
(1) Annual Mantoux tuberculin test or chest x-ray for direct child care providers and all family members over eighteen (18) years of age.
(2) Criminal history checks conducted for direct child care providers and family members and others over eighteen (18) years of age living in the home.
(3) Conduct a check of the applicant, the applicant's spouse, and any others living in the home to determine whether their name appears on the sex offender registry, IC  5-2-12
[IC  5-2-12 was repealed by P.L. 173-2006, SECTION 55, effective July 1, 2006.]
et seq.
(4) Notification of the local fire department.
(5) Certification of current first aid training and annual CPR certification for direct child care providers.
(6) Water quality test as required by section 47(b) of this rule.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-29 - Relicensure

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 29.
(a) The licensee shall submit to the COFC the following prior to relicensure:
(1) A new application completed and signed by the applicant.
(2) Written proof of an annual Mantoux tuberculin test or chest x-ray as required. (Refer to section 34 of this rule.)
(3) Attachments required to demonstrate compliance of this rule.
(4) A statement by the applicant attesting that the applicant has not been:
(A) convicted of a felony or a misdemeanor relating to the health and safety of children; and
(B) charged with:
(i) a felony; or
(ii) a misdemeanor relating to the health and safety of children; during the pendency of the application.
(5) Water quality testing as required by section 47(b) of this rule.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-29.5 - License provisions

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC  12-17.2-5-12
Sec. 29.5.
(a) A child care home license is valid for two (2) years unless revoked, suspended by the CDFC, or voluntarily surrendered.
(b) The number of children cared for at any one (1) time shall not exceed the licensed capacity.
(c) The license is valid only for the name and location on the license and is not transferable.
(d) The license shall be publicly displayed in the home. (IC  12-17.2-5-12(c) )
(e) Whenever an applicant applies for multiple licenses located within the same structure or building, a signed statement from a design professional must be submitted certifying that each child care home to be licensed meets the state building code requirements for the proposed use which apply to fire and safety issues. Certification must include any modifications required to comply with the state building code requirements for the multiple occupancies requested.
(f) If two (2) or more licensed child care homes are contiguously located within the same residential structure, each licensed facility must be separated by a two (2) hour fire resistive wall between each licensee.
(g) Whenever an applicant applies for multiple licenses located within the same structure or building, each home must meet the requirements of licensure as independent homes.
(h) Multiple child care homes under one (1) roof which utilize a private well will also be subject to the water testing requirements of 327 IAC 8 whenever twenty-five (25) or more people are present.
(i) Licensees who hold a regular or provisional license upon the effective date of this rule are exempted from meeting the requirements of subsections (f) and (g).
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-30 - Appeals

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 30.
Any individual, firm, corporation, association, or political subdivision whose license has been denied, revoked, or suspended may appeal the action of the CDFC by filing a written request for hearing with the CDFC within thirty (30) days of receipt of an official notice from the CDFC of such denial, suspension, or revocation.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-31 - Incomplete application

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 31.
(a) An incomplete application shall be returned to the applicant with a notation as to omissions.
(b) The return of an incomplete application shall be without prejudice.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-32 - Documentation requirements

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 32.
(a) The licensee shall maintain the following documentation in the child care home for review by the COFC:
(1) Record of initial physical examination of direct child care providers documenting that they are free of communicable disease.
(2) Record of annual Mantoux tuberculin test or chest x-ray of direct child care provider which documents that they are free of tuberculosis.
(3) Documentation of criminal history checks on employees, volunteers, and all household members who are at least eighteen (18) years of age.
(4) Conduct a check of the applicant, the applicant's spouse, and any others living in the home to determine whether their name appears on the sex offender registry, IC  5-2-12
[IC  5-2-12 was repealed by P.L. 173-2006, SECTION 55, effective July 1, 2006.]
et seq.
(5) Documentation of certification of a current first aid course, training in "Universal Precautions", and annual CPR certification by direct child care providers.
(6) Enrollment form for each child receiving services which shall include the following:
(A) Child's name and date of birth.
(B) Name, address, home and work telephone numbers of the child's parent or legal guardian.
(C) The telephone number of a responsible adult in case of emergency.
(D) The names of adults authorized to pick the child up from the home.
(7) Release for emergency medical care for each child signed by the child's parent or legal guardian.
(8) Statement as described in section 37(b) of this rule regarding each child's general health within thirty (30) days of admission.
(9) Written permission from a parent or legal guardian that the child may participate in activities away from the child care home.
(10) Written statement of the licensee's discipline policy signed by the child's parent or legal guardian.
(11) Daily attendance records for children in the child care home which shall be maintained for at least two (2) years at the child care home site.
(12) Annual vaccination records for animals subject to rabies.
(13) Record of dates of quarterly fire drills which shall be maintained for at least two (2) years.
(14) Written plan of evacuation for the child care home in case of emergency.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-33 - Staff requirements

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 33.
(a) The licensee may be the caregiver for no more than one (1) child care home. If a licensee operates more than one (1) child care home, the licensee shall maintain or employ a caregiver in each additional child care home.
(b) The assistant caregiver shall work under the direct supervision of the caregiver. If an assistant caregiver under twenty-one (21) years of age is left in charge of a child care home, the parent must be notified in writing.
(c) Student assistants and volunteers shall work under the direct supervision of a caregiver and shall not be left in charge of a child care home.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-33.5 - Staff orientation, training, and development

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 33.5.
(a) Direct child care providers, including volunteers, shall receive training in fire prevention and safety procedures within one (1) week of starting employment or volunteer work.
(b) Direct child care providers, including volunteers, shall receive training in the following within thirty (30) days of starting employment or volunteer work:
(1) The child care home inspection checklist.
(2) Confidential treatment of personal information about children in care and their families.
(3) Procedures for preventing, detecting, and reporting suspected child abuse and neglect.
(4) Universal precautions.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-34 - Medical requirements

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 34.
(a) Direct child care providers who work in the home more than three (3) times a month and all members of the household having direct contact with children receiving care shall have an initial physical examination by a physician or certified nurse practitioner indicating that they are free from communicable disease, have no physical or other condition which would endanger the health or welfare of children in care, and have an annual Mantoux tuberculin test or chest x-ray.
(b) The requirements stated in subsection (a) shall not be required for direct child care providers who present a signed statement to the COFC that their religious beliefs preclude compliance with the aforementioned medical requirements. The licensee shall provide written notice to the parents or legal guardians enrolling their children in the child care home that a religious exemption statement has been filed with the COFC by the child care provider.
(c) The above requirements shall be met within thirty (30) days of application.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-35 - Reporting abuse, injury, illness, death, or emergency event

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 35.
(a) The caregiver shall report immediately suspected physical abuse, sexual abuse, child neglect, or child exploitation as required by IC  31-6-11-3
[IC 31-6 was repealed by P.L. 268-1995, SECTION 17, effective July 1, 1995.]
to child protection services (CPS) or local law enforcement.
(b) A substantiated case of abuse or neglect in a child care home constitutes full and sufficient grounds for denial or revocation of the child care home license.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-36.5 - Child to staff ratio

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 36.5.
(a) The maximum capacity in a Class I child care home shall be twelve (12) children at any one (1) time plus three (3) children during the school year who are enrolled in at least Grade 1. The addition of three (3) school age children may not occur during a break in the school year that exceeds four (4) weeks.
(b) Children shall not be left unattended and shall be supervised at all times.
(c) Only direct child care providers shall be counted in determining the child to staff ratio.
(d) The ratio shall include all unrelated children present in the home.
(e) The following child to staff ratios apply:
Type of Home Child:Staff Ratio
Infant/Toddler Mixed
(Birth-24 months) 6:1*
*Two (2) of the six (6) children must be at least sixteen (16) months of age and walking. Otherwise the ratio is 4:1.
Mixed Age Groups
(Birth-6 years) 10:1*
*No more than three (3) of the ten (10) children may be under sixteen (16) months of age and must be walking.
3 years and older
(3-10 years) 12:1
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-37 - Requirements for admission to the home

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 37.
(a) Prior to acceptance of children, the caregiver shall have the parent or legal guardian:
(1) complete and sign an enrollment form for the child;
(2) complete and sign a release for emergency medical care for the child;
(3) sign a copy of the licensee's written discipline policy; and
(4) see all areas of the home and property to be used for child care.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-38 - Activities for healthy development

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 38.
(a) The caregiver shall provide activities according to the age, developmental needs, interests, and number of children in care while including both active and quiet play which may consist of safe, age-appropriate toys, games, and equipment for both indoor and outdoor play.
(b) Opportunity shall be provided for children to play outdoors daily except when:
(1) the severity of the weather poses a safety or health hazard; or
(2) when there is a health related reason documented by a parent, legal guardian, or physician for a child to remain indoors.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-39 - Swimming

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 39.
(a) The caregiver shall be physically present at the swimming or wading pool to supervise when the children in care are swimming or wading.
(b) At least one (1) direct child care provider shall be available to supervise any children not swimming or wading in addition to staff requirements in section 36.5 of this rule.
(c) Child care providers shall empty portable wading pools immediately after use.
(d) All inground or nonportable aboveground swimming pools accessible to children shall be in compliance with local zoning ordinances and surrounded by a fence secured with a locked gate to prevent children from entering the area unsupervised.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-40 - Transportation and activities away from the child care home

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 40.
(a) Caregiver shall obtain written parental permission before taking a child away from the child care home for field trips or any other activities.
(b) Children may be transported by an individual eighteen (18) years of age or older having a valid driver's license and driving a properly licensed and insured vehicle in safe condition.
(c) Children shall be transported in safety restraint equipment that is in compliance with state laws.
(d) Direct child care providers shall not leave children unattended in a vehicle.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-41 - Discipline

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 41.
(a) The licensee shall provide the parent or legal guardian with a written copy of the discipline policy of the child care home.
(b) The following behavior shall be prohibited by all direct child care providers:
(1) Cruel, harsh, or unusual punishment.
(2) Withdrawal or the threat of withdrawal of scheduled meals or snacks, rest, or bathroom opportunities.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-42 - Nutrition

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 42.
(a) Appropriately timed, nutritious meals and snacks shall be made available in such quantity as to meet the needs of each child.
(b) Drinking water shall be available at all times.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-43 - Sleep and rest

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 43.
(a) A separate bed, cot, mat, or sleeping bag shall be provided for each child.
(b) A period for sleep, rest, or quiet time shall be provided during the day for children under five (5) years of age consistent with the needs of the child and in accordance with the wishes of the parent.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-44 - Health

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 44.
(a) The child care home must keep a Red Cross First Aid Manual or its equivalent in the child care home.
(b) The caregiver must maintain a first aid kit (as recommended by the American Red Cross First Aid Manual or its equivalent), including, but not limited to, syrup of ipecac with current date, in the child care home.
(c) Child care providers shall see that children's hands are washed at a sink with soap and warm running water before meals and snacks and after toilet use. Direct child care providers shall not permit children to use a common washcloth or towel.
(d) If a child is ill, direct child care providers shall:
(1) care for the child in an area separate from the other children;
(2) notify the child's parent or legal guardian; and
(3) monitor the child until the parent or legal guardian arrives.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-45 - General environment

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 45.
(a) The licensee shall ensure that no conditions exist in the home or on the grounds where child care services are provided that would endanger the health, safety, or welfare of the children.
(b) The licensee shall identify areas in the home that will be used for child care. The child care areas shall contain adequate space for child play and rest for the number of children in care.
(c) The licensee shall maintain a working telephone in the child care home and shall inform the COFC of any change in telephone number.
(d) The licensee shall provide a protected outdoor play area that is safely enclosed by either a fence or natural boundaries for children in care.
(e) The licensee shall ensure that the child care home is equipped with heat, light, and ventilation for normal occupancy.
(f) The licensee shall ensure that the kitchen is equipped with:
(1) a stove and oven or microwave;
(2) a refrigerator; and
(3) a sink with hot and cold running water; in operating condition sufficient to accommodate the food requirements of the number of children in care.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-47 - Sanitation

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 47.
(a) The licensee shall provide and maintain screens for windows and exterior doors when windows and doors are kept open for ventilation.
(b) The licensee shall ensure that the child care home has hot and cold running water and at least one (1) toilet and sink accessible to children on each floor of the home where services are provided. Water from a source other than a regular municipal water supply shall be tested annually for compliance with water quality requirements.
(c) Direct child care providers shall wash and sanitize all food preparation areas, serving areas, and utensils daily.
(d) Caregiver shall keep garbage in containers with tight-fitting lids and remove it from the premises at least once a week. Waste paper need not be kept in a closed container.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-48 - Safety

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 48.
(a) Direct child care providers shall keep protective coverings over exposed electrical outlets.
(b) If fans or heaters are used, licensee shall provide models that are protected by safety devices which will not allow a child's fingers to come in contact with the blade or heating element.
(c) Caregiver shall keep poisonous or hazardous materials that would harm children, including, but not limited to:
(1) cleaning supplies;
(2) detergents;
(3) insect sprays; and
(4) medication; in areas inaccessible to children.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.1 - Child Care Homes › Section 1.1-49 - Variances and waivers

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 49.
(a) The CDFC may grant a variance to a rule if an applicant for a license or a licensee:
(1) submits to the COFC a written request for the variance in the form and manner specified by the CDFC; and
(2) documents that an alternative method of compliance approved by the CDFC will not be adverse to the health, safety, or welfare of any child receiving services.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.2 - Infant and Toddler Services in a Child Care Home › Section 1.2-1 - Infant and toddler child care services

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 1.
A licensee who provides child care services for infants or toddlers shall meet all the requirements of this rule. If there is any difference in requirements, the specific information contained in this rule shall prevail.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.2 - Infant and Toddler Services in a Child Care Home › Section 1.2-2 - "Full-sized crib" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 2.
As used in this rule, "full-sized crib" means a child's bed which has an interior dimension greater than fifty-two and three-eighths (52 3/8) inches plus or minus five-eighths (5/8) inch in length, and twenty-eight (28) inches plus or minus five-eighths (5/8) inch in width. With the mattress support in its lowest position and the crib side in its highest position, the vertical distance from the upper surface of the mattress support to the upper surface of the crib side or end panel shall not be less than twenty-six (26) inches.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.2 - Infant and Toddler Services in a Child Care Home › Section 1.2-3 - "Portacrib" defined

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 3.
As used in this rule, "portacrib" means a child's portable bed which has an interior dimension smaller than forty-nine and three-fourths (49 3/4) inches plus or minus five-eighths (5/8) inch in length but not less than thirty-six (36) inches in length, and twenty-five and three-eighths (25 3/8) inches plus or minus five-eighths (5/8) inch in width but not less than twenty-four (24) inches in width. With the mattress support in its lowest position, the vertical distance from the upper surface of the mattress support to the upper surface of the crib side or end panel shall not be less than twenty-two (22) inches.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.2 - Infant and Toddler Services in a Child Care Home › Section 1.2-4 - Activities for healthy development

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 4.
(a) The caregiver shall have stairways guarded by a gate or closed door.
(b) After discussion with the parent or legal guardian of each infant or toddler in care, caregiver shall:
(1) establish flexible routines for naps, feedings, diapering, and toilet training;
(2) provide opportunities for play and exploration of the environment; and
(3) periodically change the available toys and the place and position of infants not yet able to move about on their own.