reglab/statecodes huggingface dataset:
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 1.2-5 - Naps

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 5.
(a) Licensee shall provide a separate crib, portacrib, or playpen in which each infant or toddler can sleep. Each crib, portacrib, or playpen shall be equipped with a firm-fitting mattress or pad made of waterproof materials. A parent or legal guardian may provide or approve the use of a bassinet for an infant and is responsible along with the caregiver to monitor its use closely. (Manufacturers of bassinets indicate that a bassinet should no longer be used once an infant begins moving and turning unassisted.)
(b) The licensee may use washable cots, sleeping bags, or mats for toddlers over twenty-four (24) months of age.
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 1.2-6 - Diaper changing and toilet training

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 6.
(a) The licensee shall provide an area for diaper changing with a washable surface on which the infant or toddler may be placed. The diaper changing surface must have waterproof material between the child and the surface of the changing area. This material shall be changed after each use. The diaper changing area shall be sanitized daily and when soiled.
(b) Licensee shall supply a covered container for wet or soiled diapers.
(c) Direct child care providers changing diapers shall wash their hands with soap and running water after each diaper change.
(d) When a chair designed specifically for toilet training is used, direct child care provider shall empty it after each use and sanitize it at least daily.
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 1.2-7 - Feeding

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC 12-17.2
Sec. 7.
(a) Direct child care providers shall feed infants and toddlers according to their dietary needs and shall hold infants during bottle feedings until they demonstrate their ability to hold their own bottles.
(b) If more than one (1) infant or toddler in care is bottle fed, all bottles shall be labeled with the child's name.
(c) Direct child care providers shall not prop feeding bottles.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1.3 - Class II Child Care Homes › Section 1.3-1 - Class II child care home services

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2-5-6.5
Sec. 1.
A Class II child care home serves more than twelve (12) children but not more than sixteen (16) full-time and part-time children at any one (1) time. A licensee who provides Class II child care shall meet all the requirements of 470 IAC 3-1.1 and 470 IAC 3-1.2 as well as the requirements of this rule. If there is any difference in requirements, the specific information contained in IC  12-17.2-5-6.5  shall prevail.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 2 - Licensing of Child Placing Agencies (Transferred)

Current through July 10, 2024
Transferred from the Division of Family Resources ( 470 IAC
				  3-2 ) to the Department of Child Services ( 465 IAC 2-2 ) 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 4.4 - Child Care Facilities; Exempted Day Nurseries › Section 4.4-1 - Definitions

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 1.
As used in 410 IAC 22-1:
"Exempted center" means a day nursery that:
(1) is operated under the federally funded
				Head Start program (
				42 U.S.C.
				9831 et seq.) and the Texas migrant
				council;
(2) provides services for
				children from migrant worker families; and
(3) is operated during a single period of
				less than one hundred twenty (120) consecutive days during a calendar year.
"Facility" means an exempted day nursery licensed pursuant
				  to IC 12-3-2-3.5
[IC 12-3 was repealed by P.L. 2-1992, SECTION 897,
				  effective February 14, 1992.]
.
"Food" means any raw, cooked or processed edible substance,
				  ice, beverage, drink, or ingredients used or intended for use in whole or in
				  part for human consumption.
"Food equipment" means stoves, ovens, ranges, hoods, slicers,
				  mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing
				  machines, steam tables, and similar items other than utensils, used in the
				  operation of a kitchen.
"Group" means a specific number of children assigned to
				  specific staff member(s).
"Infant" means a child from six (6) weeks of age to the time
				  he is beginning to walk.
"Potentially hazardous food" means any food that consists in
				  whole or in part of milk or milk products, eggs, meat, poultry, fish,
				  shellfish, edible crustacea, or other ingredients, including synthetic
				  ingredients, in a form capable of supporting growth of infectious or toxigenic
				  micro-organisms. The terms does not include clean, whole, uncracked, odor-free
				  shell eggs or foods which have a pH level of 4.6 or below or a water activity
				  (Aw) value of 0.85 or less.
"Room" means an area enclosed on all sides by walls or
				  partitions.
"Sanitization" means effective bactericidal treatment by a
				  process that provides enough accumulative heat or concentration of chemicals
				  for enough time to reduce the bacterial count, including pathogens, to a safe
				  level on utensils and equipment.
"Single-service articles" means cups, containers, lids,
				  closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins,
				  wrapping materials, tooth-picks, and similar articles intended for one-time,
				  one-person use and then discarded.
"SBH" means the Indiana state board of health.
"Toddler" means a child from the time he is beginning to walk
				  to age two years.
"Utensils" means any implement used in the storage,
				  preparation, transportation, or service of food. by P.L. 9-1991, SECTION 129,
				  effective July 1, 1992.
Transferred from the
				  Indiana State Department of Health ( 410 IAC 22-1-1 ) to the Division of Family
				  and Children ( 470 IAC 3-4.4-1 ) by P.L. 9-1991, SECTION 129, effective July 1,
				  1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.4 - Child Care Facilities; Exempted Day Nurseries › Section 4.4-2 - Diapering

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 2.
(a) When
				indicated, diapered children shall be given prompt hygienic care, including
				hand and face washing and body cleansing. Materials for skin cleaning shall be
				immediately accessible at all times, and discarded after each use in a tightly
				covered container. The containers shall be emptied and sanitized at least
				daily.
(b) Diapering Room Area.
				Children who are not toilet trained shall be cared for in rooms and areas which
				are separated by age groups from other children. Diapers shall not be changed
				on the floor. Each class area or room used to house diapered children shall
				contain a handwashing sink and a changing table. Toilet rooms for each shall be
				easily accessible.
Crib bedding shall be clean, changed immediately when wet or
				  soiled and at least weekly. Soiled crib bedding shall not be allowed to
				  accumulate for longer than twenty-four (24) hours before laundering and a clean
				  supply of bedding shall be in reserve at all times to allow for delays in
				  laundry pick-up and delivery or washing.
(c) Diaper Table. When changing tables are
				used, there shall be a soft, washable, waterproof pad on the table with a clean
				strip of waterproof, disposable paper to cover it. A fresh protective strip
				shall be placed on the pad after each diaper change. The pad and table shall be
				sanitized when they become soiled and at the end of each day.
Care shall be taken to prevent contamination of common
				  diapering supplies.
Transferred from the
				  Indiana State Department of Health (
				  410 IAC
				  2-1-2 ) to the Division of Family and Children ( 470
				  IAC 3-4.4 - 2) by P.L. 9-1991, SECTION 129, effective July 1,
				  1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.4 - Child Care Facilities; Exempted Day Nurseries › Section 4.4-3 - Diapers

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 3.
(a) Clean
				diapers shall be stored in a closed container or bag off the floor.
(b) Soiled Diapers. After use, fecal material
				shall be immediately emptied from the diapers into a flush toilet. Soiled
				diapers shall be kept in a plastic bag in a tightly covered sanitary container
				that is inaccessible to children. The bags shall be tied tightly and removed
				from the facility's premises at the end of each day. If an incinerator is not
				available, the bags shall be disposed of daily in the same manner as unburnable
				trash.
(c) Cloth Diapers. Cloth
				diapers furnished by the facility shall be laundered by a laundry service and
				shall be stored separately from other diapers and linen. The soiled diapers
				shall be kept in tightly covered sanitary containers.
Cloth diapers furnished by the parents shall be kept separate
				  from diapers used for other children. After proper rinsing, the soiled diapers
				  shall be placed in a plastic bag, stored through the day in a tightly closed
				  container, and returned to the parent daily.
Containers for soiled diapers shall be cleaned and
				  disinfected at least daily. Separate containers shall be used for clean and
				  soiled items.
Transferred from the
				  Indiana State Department of Health ( 410 IAC 22-1-3 ) to the Division of Family
				  and Children ( 470 IAC 3-4.4-3 ) by P.L. 9-1991, SECTION 129, effective July 1,
				  1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.4 - Child Care Facilities; Exempted Day Nurseries › Section 4.4-4 - Contaminated articles

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 4.
Whenever exposure to communicable disease has occurred in the
				  facility, the facility shall provide the disinfection of toilet facilities,
				  furnishings, toys or other articles that may have been used by a child
				  diagnosed as having a communicable disease, and the effective disinfection and
				  disposal of bodily discharges containing infectious material.
No facilities or articles that have been used by a child
				  suspected of having a communicable disease shall be used by any other person
				  until they have been disinfected or until it has been established that the
				  child did not have a communicable disease.
The facility shall provide and use a room or area to separate
				  from the group any child having or suspected of having a communicable disease
				  or any illness. This room or area shall not be used for any other purpose by
				  the children while being used as isolation quarters. Toilet and lavatory
				  facilities shall be nearby. Furnishings shall be easily
				  sanitized.
Transferred from the
				  Indiana State Department of Health ( 410 IAC 22-1-4 ) to the Division of Family
				  and Children ( 470 IAC 3-4.4-4 ) by P.L. 9-1991, SECTION 129, effective July 1,
				  1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.4 - Child Care Facilities; Exempted Day Nurseries › Section 4.4-5 - Hygiene

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 5.
(a) Children.
				The facility schedule shall include provision for supervised personal hygiene,
				washing hands and face before meals, and washing hands after using toilet
				facilities for each child.
Each child shall be provided with disposable paper towels,
				  dispensed in a sanitary manner. Toilet tissue, dispensed in a sanitary manner,
				  shall be available at every toilet. Soap shall be conveniently available to
				  every handwashing lavatory. When liquid soap is provided, soap dispensers shall
				  be installed at a height to facilitate use by children.
Wet or soiled clothing shall be changed promptly. A supply of
				  clean clothing shall be available for this purpose.
(b) Adults. All child care personnel shall
				wash their hands before and after each child care duty including individual
				feedings, bathing, and diapering. There shall be facilities and supplies
				immediately available for this at all times. Outer garment coverings shall be
				changed when soiled.
Transferred from the
				  Indiana State Department of Health ( 410 IAC 22-1-5 ) to the Division of Family
				  and Children ( 470 IAC 3-4.4-5 ) by P.L. 9-1991, SECTION 129, effective July 1,
				  1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.4 - Child Care Facilities; Exempted Day Nurseries › Section 4.4-6 - Food service sanitation

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 6.
(a) Formula
				and Care of Feeding Bottles. Formula prepared at home shall not be used. Only
				unopened, commercially prepared formula that is commercially pre-mixed and
				ready-to-feed shall be used. This commercial formula may be furnished by the
				parent or the facility, and shall be stored at the temperature recommended on
				the container. Outdated formula shall not be used.
The facility shall use either:
(1) commercially pre-filled, individual
				disposable nursers with attached pre-sterilized disposable nipples;
				or
(2) cans of commercially
				prepared formula, commercially pre-mixed and ready-to-feed, from which the
				formula shall be poured directly into a sanitized bottle, or into a sanitized
				nurser hull with a sterile disposable liner, to which a sanitized nipple shall
				be affixed.
If a day's supply of bottles is prepared at one time, each
				  bottle shall be covered and labeled with the child's name, date and hour
				  poured. Bottles shall be stored at 45 ° F., for no longer than
				  twenty-four (24) hours. Remaining portions of formula that have never been
				  poured from the original containers may also be stored as stated above. Any
				  formula remaining in a nurser after a feeding shall be discarded.
All permanent ware bottles and reusable nipples shall be
				  washed and sanitized by the facility after each use.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.4 - Child Care Facilities; Exempted Day Nurseries › Section 4.4-8 - Water supply, plumbing and sewage disposal

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 8.
(a) Water
				Supply. Water supplies shall be constructed and operated in accordance with the
				requirements of
				410 IAC
				6-5.1-8
[
				410 IAC
				6-5.1-8 was repealed filed Sep 24, 1987, 3:00 p.m.: 11
				IR 737.]
, excluding
				410 IAC
				6-5.1-8(f)
[
				410 IAC
				6-5.1-8 was repealed filed Sep 24, 1987, 3:00 p.m.: 11
				IR 737.]
. For the purposes of 410 IAC 22-1, exempted day nurseries,
				every reference to "school" contained in
				410 IAC
				6-5.1-8
[
				410 IAC
				6-5.1-8 was repealed filed Sep 24, 1987, 3:00 p.m.: 11
				IR 737.]
, shall be considered as a reference to an exempted
				center.
(b) Drinking Fountains.
				Drinking fountains shall be of the sanitary type with guarded angular stream
				drinking fountain heads and shall be so constructed and located as to be
				accessible for use by the children at all times. If drinking fountains are not
				available, individual single service cups shall be provided in a sanitary
				dispenser, and used only once. Drinking fountains shall not be located in
				restrooms, and drinking water shall not be provided from restrooms. Children
				shall not go into the kitchen or bathroom to obtain drinking water.
(c) Plumbing and Sewage Disposal. All
				plumbing fixtures shall discharge into a public sanitary sewer whenever
				available within a reasonable distance, or when soil conditions prohibit the
				construction of an adequate on-site system. Any on-site sewage treatment system
				shall meet the requirements of 410 IAC 6-10. If a discharging sewage treatment
				system is to be constructed, it shall meet the requirements of the department
				of environmental management.
New plumbing equipment shall meet the requirements of the
				  fire prevention and building safety commission (FPBSC) and
				  SBH.
Transferred from the
				  Indiana State Department of Health ( 410 IAC 22-1-8 ) to the Division of Family
				  and Children ( 470 IAC 3-4.4-8 ) by P.L. 9-1991, SECTION 129, effective July 1,
				  1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.4 - Child Care Facilities; Exempted Day Nurseries › Section 4.4-9 - State and local housing requirements; conformance

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 9.
Any area of a structure in which a facility is located shall
				  meet the requirements of the SBH and FPBSC. The appropriate zoning requirements
				  shall be met.
Transferred from the
				  Indiana State Department of Health ( 410 IAC 22-1-9 ) to the Division of Family
				  and Children ( 470 IAC 3-4.4-9 ) by P.L. 9-1991, SECTION 129, effective July 1,
				  1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.5 - Child Care Facilities; Registered Day Care Ministries › Section 4.5-1 - Definitions

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 1.
As used in 410 IAC 22-2
[this rule]
:
"Applicant" means that person who is the religious organization's local executive officer, such as the president of board of directors, board chairman, head of governing body, etc. Regardless of who is in charge of the daily program, the day care ministry shall be under the jurisdiction and management of the religious organization.
"Certificate of notice" means a document that is issued to the operator of a registered day care ministry found to be in compliance with 410 IAC 22-2
[this rule]
.
"Registered day care ministry" means day care provided as an extension of a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code, unlicensed but registered with the state board of health and state fire marshal's office pursuant to IC 12-3-2-12.7(c)
[IC 12-3 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.]
.
"Facility" means an unlicensed but registered day care ministry.
"Food" means any raw, cooked, or processed edible substance, ice, beverage, drink, or ingredients used or intended for use in whole or in part for human consumption.
"Food equipment" means stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a kitchen.
"Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less.
"Sanitization" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.
"Single-service articles" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one-person use and then to be discarded.
"SBH" means the Indiana state board of health.
"Utensils" means any implement used in the storage, preparation, transportation, or service of food.
Transferred from the Indiana State Department of Health ( 410 IAC 22-2-1 ) to the Division of Family and Children ( 470 IAC 3-4.5-1 ) by P.L. 9-1991, SECTION 129, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.5 - Child Care Facilities; Registered Day Care Ministries › Section 4.5-2 - Registration

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 2.
(a) Application. Application for registration to operate a day care ministry shall be submitted annually to the SBH on forms provided for that purpose by that agency. As part of the application, the applicant shall submit a notarized criminal history affidavit form together with a statement verifying its exemption from federal income taxation under Section 501 of the Internal Revenue Code.
(b) Certificate of Notice. A certificate of notice shall be issued to a facility found to be in compliance with 410 IAC 22-2
[this rule]
during each quarterly inspection.
(c) Certificate Validation. A registered day care ministry certificate of notice is deemed invalid unless the applicant complies with subsection (d) of this section within a reasonable time.
(d) Reporting Requirements. It shall be the responsibility of the applicant to report promptly to the SBH the following changes or events:
(1) when the applicant changes;
(2) if the location of the religious organization changes;
(3) if the location of the building in which the child care service is provided changes;
(4) when the child care service is discontinued;
(5) a change in the location within the building where day care is provided;
(6) any major damage caused by fire or natural disaster which adversely affects the sanitary conditions of the facility.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.5 - Child Care Facilities; Registered Day Care Ministries › Section 4.5-3 - Water supply, plumbing and sewage disposal

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 3.
(a) Water Supply. Water supplies shall be constructed and operated in accordance with the requirements of 410 IAC 6-5.1-8
[ 410 IAC 6-5.1-8 was repealed filed Sep 24, 1987, 3:00 p.m.: 11 IR 737.]
, excluding 410 IAC 6-5.1-8(f)
[ 410 IAC 6-5.1-8 was repealed filed Sep 24, 1987, 3:00 p.m.: 11 IR 737.]
. For the purposes of 410 IAC 22-2
[this rule]
, the requirements of 410 IAC 6-5.1-8
[ 410 IAC 6-5.1-8 was repealed filed Sep 24, 1987, 3:00 p.m.: 11 IR 737.]
, excluding 410 IAC 6-5.1-8(f)
[ 410 IAC 6-5.1-8 was repealed filed Sep 24, 1987, 3:00 p.m.: 11 IR 737.]
, shall apply to registered day care ministries.
(b) Plumbing and Sewage Disposal. All plumbing fixtures shall discharge into a public sanitary sewer whenever available within a reasonable distance, or when soil conditions prohibit the construction of an adequate on-site system. Any on-site sewage treatment system shall meet the requirements of 410 IAC 6-10. If a discharging sewage treatment system is to be constructed, it shall meet the requirements of the department of environmental management. New plumbing equipment shall meet the requirements of the fire prevention and building safety commission (FPBSC) and SBH.
Transferred from the Indiana State Department of Health ( 410 IAC 22-2-3 ) to the Division of Family and Children ( 470 IAC 3-4.5-3 ) by P.L. 9-1991, SECTION 129, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.5 - Child Care Facilities; Registered Day Care Ministries › Section 4.5-4 - Buildings, grounds, equipment, furnishings, materials and supplies

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 4.
Physical Facilities. The building or parts thereof used for day care purposes shall be structurally sound and shall at all times be maintained in a clean, safe, and sanitary condition and be in a good state of repair.
(1) All interior surfaces, equipment, materials, furnishings, and objects with which children will come in contact shall be well maintained, in a clean and sanitary condition, and of nontoxic durable construction.
(2) All restrooms shall be equipped with flush toilets and handwashing sinks and shall be ventilated to the outside. An adequate supply of water, under pressure, shall be provided at all handwashing sinks, as well as soap and disposable paper towels in dispensers. Toilet paper in dispensers shall be located at each toilet.
(3) Refuse, garbage, empty food containers, soiled diapers, or other items soiled with body fluids shall be discarded into conveniently located tightly lidded, watertight containers. These containers must be kept in a sanitary condition, and covered when not in use.
(4) All open windows, doors which are kept open for other than entering and leaving, ventilators, and other outside openings shall be protected against insects by securely fastened 16 mesh screening. Cracks shall be sealed and sealing shall be in place around pipes, plumbing, and ducts.
(5) Drinking water facilities shall not be located in restrooms and shall be constructed of impervious, easily cleanable materials and shall be kept clean and in a good state of repair. Drinking fountains, where provided, shall have a sanitary type guarded angle-stream jet head and an adjustable flow regulator.
Transferred from the Indiana State Department of Health ( 410 IAC 22-2-4 ) to the Division of Family and Children ( 470 IAC 3-4.5-4 ) by P.L. 9-1991, SECTION 129, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.5 - Child Care Facilities; Registered Day Care Ministries › Section 4.5-6 - General sanitation

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 6.
(a) Cots and Cribs. Cots and cribs shall be constructed of sturdy, cleanable material and sanitized after each use; weekly sanitation of a cot or crib is acceptable if the cot or crib is used exclusively by the same child each day. Not more than one (1) child may occupy a crib or cot at any one (1) time. Linens and coverings shall be kept clean.
(b) Handwashing. Adults and children shall wash their hands after using the toilet and before eating.
(c) Ill Children. Ill children shall be kept separate from others and all surfaces and items with which a sick child has come in contact with shall be cleaned and sanitized after each use. Individual belongings shall be kept separate.
(d) Diapers. The diapering process shall be done on a table, in a clean and sanitary manner. The diaper changing surface shall be sanitized after each use and materials used for skin cleansing shall be discarded after each use into a tightly covered, easily sanitized container. Individuals responsible for diaper changing shall wash their hands after each diaper change.
Transferred from the Indiana State Department of Health ( 410 IAC 22-2-6 ) to the Division of Family and Children ( 470 IAC 3-4.5-6 ) by P.L. 9-1991, SECTION 129, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-1 - Purpose

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17; IC 12-17-13-9
Affected: IC 12-17-12; IC 20-26-5-4; IC 20-26-5-20
Sec. 1.
The purpose of 490 IAC 3
[this article]
is to implement the school age child care program, authorized by IC 20-5-61
[IC 20-5-61 was repealed by P.L. 9-1991, SECTION 98, effective January 1, 1992.]
, which offers care to children between five (5) and fifteen (15) years of age for the period of time before or after the school day, or both, during periods when school is not in session, and during periods when school is in session for students who are enrolled in a half-day kindergarten program.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 3-1-1 ) to the Division of Family and Children ( 470 IAC 3-4.6-1 ) by P.L. 9-1991, SECTION 133, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-2 - Definitions

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17
Affected: IC 12-17-12
Sec. 2.
"Board" means the interdepartmental board for the coordination of human service programs.
"Child's legal custodian" means the child's parent or custodian as determined by a court of law.
"Physical or mental incapacity" of the child's legal custodian is based on the receipt of Social Security disability or supplemental security income as the result of a disability, or the status of being an active vocational rehabilitation client, for the purposes of IC 20-5-61-10(a)(2)(C)
[IC 20-5-61 was repealed by P.L. 9-1991, SECTION 98, effective January 1, 1992.]
.
"Vocational training" means certified or accredited programs when determining whether a family falls within the priorities as set forth at IC 20-5-61-10(a)(2)(A)
[IC 20-5-61 was repealed by P.L. 9-1991, SECTION 98, effective January 1, 1992.]
.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 3-1-2 ) to the Division of Family and Children ( 470 IAC 3-4.6-2 ) by P.L. 9-1991, SECTION 133, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-3 - Exclusions

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17
Affected: IC 12-17-12
Sec. 3.
The school age child care program does not include the following:
(1) The provision of kindergarten certified by the department of education.
(2) The provision of elementary or secondary education.
(3) The periods during weekends and summer vacation from school.
(4) Child care between the hours of 7 p.m. and 6 a.m., Monday through Friday.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 3-1-3 ) to the Division of Family and Children ( 470 IAC 3-4.6-3 ) by P.L. 9-1991, SECTION 133, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-4 - Service provisions

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17
Affected: IC 12-17-12-12; IC 20-26-5-2; IC 20-26-5-4; IC 20-26-5-20; IC 20-33-5-1
Sec. 4.
(a) In order to provide services under IC 12-17-12, an entity must be:
(1) a public school corporation as defined in IC 20-8.1-1-1
[IC 20-8.1 was repealed by P.L. 1-2005, SECTION 240, effective July 1, 2005. See IC 20-33-5-1.]
; or
(2) a not-for-profit organization which:
(A) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
(B) has provided extracurricular activities or services to children during the year preceding the date of application for a grant under IC 12-17-12.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-5 - Transportation

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17
Affected: IC 12-17-12
Sec. 5.
Children enrolled in the school age child care program may be transported as a part of the program only:
(1) from the child's school to the care site; or
(2) from the care site to the child's school.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 3-1-5 ) to the Division of Family and Children ( 470 IAC 3-4.6-5 ) by P.L. 9-1991, SECTION 133, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-6 - Standards

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17
Affected: IC 20-26-5-4; IC 20-26-5-20
Sec. 6.
(a) Providers of school age child care shall meet the standards in this section.
(b) Staffing of the school age child care program shall be as follows:
(1) Health requirements for all staff shall be as follows:
(A) No person shall be permitted to perform any services in the program until the person has furnished the program with a statement from a physician that the person is free of tuberculosis in an infectious state. Each such person is required to have a health examination within three (3) months prior to entering the service of the program. The examination shall include a chest x-ray or Mantoux tuberculin test and may include laboratory tests and immunizations as deemed necessary by the attending physician. If the tuberculin test is positive, the chest x-ray is mandatory.
(B) Annual Mantoux tuberculin testing is mandatory for all persons having direct contact with children.
(C) Volunteers, substitutes, student aides, and any other personnel having direct contact with the children or providing food service are also subject to this subdivision. Records shall be kept for all of these persons.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-7 - Eligibility

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17
Affected: IC 12-17-12
Sec. 7.
(a) Every child between five (5) and fifteen (15) years of age is eligible for school age child care. However, the service providers must do the following:
(1) Follow the standards under section 6 of this rule.
(2) Follow the service priorities which are as follows:
(A) The first priority must be given to children who are referred to a program by the local child protection service agency under IC 31-6-11
[IC 31-6 was repealed by 268-1995, SECTION 17, effective July 1, 1995.]
. Children in families with the lowest gross monthly income compared to other children in this priority level must be enrolled first.
(B) The second priority must be given to children in kindergarten and grades 1 through 3 and their siblings, if their families need school age child care services because of:
(i) enrollment of a child's legal custodian in vocational training under a degree program;
(ii) employment of a child's legal custodian; or
(iii) physical or mental incapacities of a child's legal custodian. Children in families with the lowest gross monthly income compared to other children in this priority level must be enrolled first.
(C) The third priority must be given to children in grades 4 through 9, if their families need school age child care services because of:
(i) enrollment of a child's legal custodian in vocational training under a degree program;
(ii) employment of a child's legal custodian; or
(iii) physical or mental incapacities of a child's legal custodian. Children in families with the lowest gross monthly income compared to other children in this priority level must be enrolled first.
(D) The fourth priority must be given to children in families who do not meet the criteria set forth in clauses (A) through (C), but who have a gross income below one hundred percent (100%) of poverty.
(3) Follow the sliding fee schedule under section 4 of this rule.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-8 - Eligibility appeal process

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17
Affected: IC 4-21.5-1; IC 12-17-12
Sec. 8.
(a) An individual who has been denied services may appeal that action to the board after attempting to resolve the problem with the local service provider.
(b) The request for a hearing must be submitted in writing and signed by the appellant. This request must be received by the board within thirty (30) days of the appellant's notification that services are denied.
(c) The board shall hold the hearing within thirty (30) days after receipt of the request for a hearing.
(d) The hearing shall be conducted in accordance with the Indiana Administrative Adjudication Act, IC 4-21.5-1.
(e) The board shall notify the appellant and the local service provider by certified mail of the appeal decision within ten (10) days after the hearing.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 3-1-8 ) to the Division of Family and Children ( 470 IAC 3-4.6-8 ) by P.L. 9-1991, SECTION 133, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.6 - School Age Child Care Program › Section 4.6-9 - Applications of service providers

Current through July 10, 2024
Authority: IC 12-13-5-3; IC 12-17-12-17
Affected: IC 12-17-12
Sec. 9.
(a) The interdepartmental board for the coordination of human service programs shall send out proposal packets at least yearly.
(b) All proposals which are completed by potential service providers and returned to the interdepartmental board shall be evaluated using the following criteria:
(1) cost-effectiveness of the program plan;
(2) whether the goals and objectives are realistic in relationship to the program design, staff, and budget;
(3) adherence to the school age child care service definitions;
(4) adherence to specific requirements of IC 20-5-61
[IC 20-5-61 was repealed by P.L. 9-1991, SECTION 98, effective January 1, 1992.]
and 490 IAC 3
[this article]
;
(5) administrative capability of the service provider to comply with the terms of the contract;
(6) the need for the program in the proposed service area as compared to the quantity of providers elsewhere in the state;
(7) other relevant criteria as deemed necessary by the board.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.7 - Child Care Centers; Licensing › Section 4.7-1 - General definitions

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-7-2-28.4; IC 12-17.2-4
Sec. 1.
For the purpose of this rule only, the following definitions apply:
(1) "Accredited college or university" means accreditation by accrediting agencies and associations that are recognized by the United States Secretary of Education.
(2) "Additional portion of food" means one (1) extra helping of food.
(3) "Administrator" means the person who is responsible for personnel, purchasing, fiscal, and maintenance of the child care center.
(4) "Admission" means the process of entering a child in a child care center. The date of admission is the first day that the child is actually present at the center.
(5) "Age appropriate" means designed for the particular age of child served.
(6) "Attendance" means children present in the child care center at any given time.
(7) "Capacity determination" means the division will determine maximum capacity based on square footage by adding the capacities of the individual rooms/areas. The division compares the square footage capacity with the capacity based on the number of toilets and sinks. The lesser of these two (2) capacities determines the maximum capacity of the center. Capacity for fire and building issues may be different.
(8) "Caregiver" means the early childhood professional that is a qualified staff person providing direct care and education to children.
(9) "CDA" refers to the Child Development Associate credential issued by the Council for Early Childhood Professional Recognition.
(10) "Center" refers to the person or persons in the child care center designated by the licensee to be responsible for following each individual section of this rule.
(11) "Child" means any person under thirteen (13) years of age.
(12) "Child care center" has the meaning set forth in IC 12-7-2-28.4.
(13) "Child care health consultant" means a physician, a certified pediatric or family nurse practitioner, or a registered nurse with pediatric or out of home child care experience and shall be knowledgeable about out of home child care, community child care licensing requirements, and available health resources.
(14) "Child/staff ratio" means the number of children supervised by one (1) qualified staff person.
(15) "Class room/area" means the room or area within a room occupied by a group of children and caregivers on a regular basis throughout the day.
(16) "Conspicuous place" means a place that is easily visible and at eye level viewed daily by the parents.
(17) "Consulting resource person" means:
(A) a physician;
(B) a nurse;
(C) a psychologist;
(D) a social worker;
(E) a speech therapist;
(F) a physical and occupational therapist;
(G) an educator; or
(H) other technical and professional person whose expertise the center utilizes in providing specialized services to children.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.7 - Child Care Centers; Licensing › Section 4.7-2 - Licensing requirements

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC  12-17.2-4
Sec. 2.
(a) All new construction shall have plan releases from both the DFBS and the ISDH prior to construction and licensing.
(b) Child care centers shall fully comply with all the rules of the FPBSC under 675 IAC that apply to child care centers, including, without limitation, rules concerning change of occupancy.
(c) The center shall submit a complete application including all required written documentation.
(d) The center shall submit a written plan for nutrition and food service and two (2) weeks of menus for approval by the division prior to licensure and thereafter as required by this rule.
(e) The center shall submit a written health program form for approval by the division prior to licensure and thereafter as required by this rule.
(f) The building shall pass on-site inspections prior to licensure and license renewals.
(g) The attendance at the child care center shall not at any time exceed the capacity approved by the division.
(h) The child care center may only provide care to children of the age approved by the division and the DFBS.
(i) The child care center shall not operate in an area where conditions exist that could be injurious to the welfare of children.
(j) The child care center shall meet the zoning requirements of their locale.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.7 - Child Care Centers; Licensing › Section 4.7-3 - Child care center license

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC  12-17.2-4
Sec. 3.
(a) The license is not transferable to another person, organization, or sponsor.
(b) The license is only valid for the address shown on the license.
(c) The center shall post the license in a conspicuous place that parents regularly view.
(d) Only areas licensed and approved by the division may be used by the licensed child care center.
(e) The center must file an application and obtain a new license prior to any of the following:
(1) Expanding their services.
(2) Changing the age of children served.
(3) Increasing their licensing capacity.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.7 - Child Care Centers; Licensing › Section 4.7-4 - Application required

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC  12-17.2-4
Sec. 4.
A center shall file an application under any of the following conditions:
(1) Prior to initial licensure.
(2) A minimum of sixty (60) days prior to the expiration of a current license.
(3) When an application for license has been voluntarily withdrawn and the center wishes to reapply.
(4) If more than one (1) year has lapsed since filing the initial application and the child care center has not met sufficient standards to qualify for a provisional license.
(5) There is a change of address of the child care center.
(6) There is a change of name, ownership, or corporate status of the center.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.7 - Child Care Centers; Licensing › Section 4.7-5 - Application for change of license

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC  12-17.2-4
Sec. 5.
(a) When a licensed child care center seeks to change its name or corporate status, the following must occur:
(1) The center must complete a new application reflecting the revised status.
(2) The governing body or its representative must sign and submit the application to the division thirty (30) days prior to the effective date of the changes.
(3) The center must attach amended articles of incorporation.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.7 - Child Care Centers; Licensing › Section 4.7-6 - Revocation or denial of license

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC  12-17.2-4
Sec. 6.
If a child care center license is revoked or denied, the licensee may reapply for licensure by the division, except when prohibited by court order.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 4.7 - Child Care Centers; Licensing › Section 4.7-7 - Civil penalties

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC  12-17.2-2-3; IC  12-17.2-4
Sec. 7.
(a) The division may impose civil penalties whenever the following occurs:
(1) The center knowingly operates without a license and the loss of the license or failure to obtain a license was due to the center's inability to meet licensing standards.
(2) The center fails to notify the division of serious occurrences as required by section 12 of this rule or fails to close the center after this notification, if directed by the division.
(3) The center receives a probationary license. The division may impose a fine for each probationary period at the time that the probationary license is issued.