CHAPTER 2. GENERAL POWERS AND DUTIES OF THE DIVISION
IC 12-17.2-2
Chapter 2. General Powers and Duties of the Division
IC 12-17.2-2-1
Duties of division
Sec. 1. The division shall perform the following duties:
(1) Administer the licensing and monitoring of child carecenters or child care homes in accordance with this article.
(2) Ensure that a national criminal history background check ofthe applicant is completed through the state police departmentunder IC 10-13-3-39 before issuing a license.
(3) Ensure that a criminal history background check of a childcare ministry applicant for registration is completed beforeregistering the child care ministry.
(4) Provide for the issuance, denial, suspension, and revocationof licenses.
(5) Cooperate with governing bodies of child care centers andchild care homes and their staffs to improve standards of childcare.
(6) Prepare at least biannually a directory of licensees with adescription of the program capacity and type of children servedthat will be distributed to the legislature, licensees, and otherinterested parties as a public document.
(7) Deposit all license application fees collected under section2 of this chapter in the division of family resources child carefund established by IC 12-17.2-2-3.
(8) Require each child care center or child care home to recordproof of a child's date of birth before accepting the child. Achild's date of birth may be proven by the child's original birthcertificate or other reliable proof of the child's date of birth,including a duly attested transcript of a birth certificate.
(9) Provide an Internet site through which members of thepublic may obtain the following information:
(A) Information concerning violations of this article by alicensed child care provider, including:
(i) the identity of the child care provider;
(ii) the date of the violation; and
(iii) action taken by the division in response to theviolation.
(B) Current status of a child care provider's license.
(C) Other relevant information.
The Internet site may not contain the address of a child carehome or information identifying an individual child. However,the site may include the county and ZIP code in which a childcare home is located.
(10) Provide or approve training concerning safe sleepingpractices for children to:
(A) a provider who operates a child care program in theprovider's home as described in IC 12-17.2-3.5-5.5(b); and
(B) a child care home licensed under IC 12-17.2-5; including practices to reduce the risk of sudden infant deathsyndrome.
As added by P.L.1-1993, SEC.141. Amended by P.L.12-1994, SEC.6;P.L.241-2003, SEC.5; P.L.162-2005, SEC.1; P.L.16-2006, SEC.1;P.L.145-2006, SEC.91; P.L.1-2009, SEC.105.
IC 12-17.2-2-1.5
Child care center or child care home reports of children enrolled;parental consent to submission of information
Sec. 1.5. (a) The division shall require all child care centers orchild care homes to submit a report containing the names and birthdates of all children who are enrolled in the child care center or childcare home within three (3) months from the date the child care centeror child care home accepts its first child, upon receiving the consentof the child's parent, guardian, or custodian as required undersubsection (b). The division shall require all child care centers andchild care homes that receive written consent as described undersubsection (b) to submit a monthly report of the name and birth dateof each additional child who has been enrolled in or withdrawn fromthe child care center or child care home during the preceding thirty(30) days.
(b) The division shall require all child care centers or child carehomes to request whether the child's parent, guardian, or custodiandesires the center or home to include the child's name and birth datein the reports described under subsection (a) before enrolling thechild in the center or home. No child's name or birth date may beincluded on the report required under subsection (a) without thesigned consent of the child's parent, guardian, or custodian. Theconsent form must be in the following form:
"I give my permission for _____________________ (name ofday care center or home) to report the name and birth date ofmy child or children to the division of family resources pursuantto IC 12-17.2-2-1.5.
Name of child ____________________________________
Birth date _______________________________________
Signature of parent, guardian, or custodian
_______________________________________________
Date ____________________________________________".
(c) The division shall submit a monthly report of the informationprovided under subsection (a) to the Indiana clearinghouse forinformation on missing children and missing endangered adultsestablished under IC 10-13-5.
(d) The division shall require that a person who transportschildren who are in the care of the child care center on a publichighway (as defined in IC 9-25-2-4) within or outside Indiana in avehicle designed and constructed for the accommodation of morethan ten (10) passengers must comply with the same requirements setforth in IC 20-27-9-12 for a public elementary or secondary schoolor a preschool operated by a school corporation.
As added by P.L.12-1994, SEC.7. Amended by P.L.278-2001, SEC.1;
P.L.2-2003, SEC.41; P.L.1-2005, SEC.135; P.L.145-2006, SEC.92;P.L.43-2009, SEC.13.
IC 12-17.2-2-2
Powers of division
Sec. 2. The division may do the following:
(1) Prescribe forms for reports, statements, notices, and otherdocuments required by this article or by the rules adopted underthis article.
(2) Increase public awareness of this article and the rulesadopted under this article by preparing and publishing manualsand guides explaining this article and the rules adopted underthis article.
(3) Facilitate compliance with and enforcement of this articlethrough the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of thisarticle.
(5) Seek the advice and recommendations of state agencieswhose information and knowledge would be of assistance inwriting, revising, or monitoring rules developed under thisarticle. These agencies, including the office of the attorneygeneral, state department of health, division of mental healthand addiction, bureau of criminal identification andinvestigation, and fire prevention and building safetycommission, shall upon request supply necessary informationto the division.
(6) Make the directory of licensees available to the public for acharge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each licenseapplication and renewal as follows:
(A) For a child care center license, a fee of two dollars ($2)per licensed child capacity.
(B) For a child care center new inquiry application packet,a fee not to exceed five dollars ($5).
(C) For a child care home license new inquiry applicationpacket, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not toexceed twenty-five dollars ($25).
(8) Exercise any other regulatory and administrative powersnecessary to carry out the functions of the division.
As added by P.L.1-1993, SEC.141. Amended by P.L.215-2001,SEC.51.
IC 12-17.2-2-3
Division of family resources child care fund
Sec. 3. (a) The division of family resources child care fund isestablished for the purpose of providing training and facilitatingcompliance with and enforcement of this article. The fund shall beadministered by the division.
(b) The fund consists of the fees and civil penalties collected
under this article.
(c) The expenses of administering the fund shall be paid frommoney in the fund.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006,SEC.93.
IC 12-17.2-2-4
Child care center licensing and inspection rules
Sec. 4. (a) The division shall adopt rules under IC 4-22-2concerning the licensing and inspection of child care centers andchild care homes after consultation with the following:
(1) State department of health.
(2) Fire prevention and building safety commission.
(3) The board.
(b) The rules adopted under subsection (a) shall be applied by thedivision and state fire marshal in the licensing and inspection ofapplicants for a license and licensees under this article.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-2-5
Child care ministry inspection rules
Sec. 5. (a) The division shall adopt rules under IC 4-22-2 togovern the inspection of child care ministries under this article. Therules must provide standards for sanitation.
(b) A child care ministry shall comply with rules established bythe division for child care ministries.
As added by P.L.1-1993, SEC.141. Amended by P.L.159-1995,SEC.1.
IC 12-17.2-2-5.5
Administrative rules and policy statements
Sec. 5.5. (a) Notwithstanding IC 12-7-2-149.1, as used in thissection, "provider" means a person who provides child care underthis article.
(b) When the division adopts an administrative rule or a policystatement to administer this article, the division shall make theadministrative rule or policy statement available to the public uponrequest.
(c) When the division adopts an administrative rule or a policystatement to administer this article, the administrative rule or policystatement must specifically identify the type of provider to which theadministrative rule or policy statement applies.
(d) When the division provides information to the publicconcerning an administrative rule or a policy statement adopted by
the division, each document provided must specifically identify thetype of provider to which the administrative rule or policy statementapplies.
As added by P.L.19-2003, SEC.2. Amended by P.L.241-2003, SEC.4.
IC 12-17.2-2-6
Monitoring of licensed entities
Sec. 6. (a) The division shall monitor entities licensed under thisarticle for the continued compliance with this article and the rulesadopted by the division.
(b) The division shall conduct monitoring activities that includeonsite inspections, record reading, observation, and interviewing.
(c) The division shall conduct an onsite licensing study at leastone (1) time a year in announced or unannounced visits.
(d) The division is entitled to access to the premises, personnel,children in care, and records, including case records, foster carerecords, personnel files, corporate and fiscal records, and boardminutes. Access shall also be provided to personnel from other stateagencies or other persons who provide inspections at the request ofthe division.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-2-7
Investigation of complaints
Sec. 7. The division shall investigate complaints to determinepossible noncompliance with the rules adopted by the division. Thelicensee is entitled to add comments concerning a complaint to thelicensing file. The division shall consider all formal complaintsagainst a licensee before a license may be renewed.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-2-8
Licensure exemptions
Sec. 8. The division shall exempt from licensure the followingprograms:
(1) A program for children enrolled in grades kindergartenthrough 12 that is operated by the department of education or apublic or private school.
(2) A program for children who become at least three (3) yearsof age as of December 1 of a particular school year (as definedin IC 20-18-2-17) that is operated by the department ofeducation or a public or private school.
(3) A nonresidential program for a child that provides child carefor less than four (4) hours a day.
(4) A recreation program for children that operates for not morethan ninety (90) days in a calendar year.
(5) A program whose primary purpose is to provide social,recreational, or religious activities for school age children, suchas scouting, boys club, girls club, sports, or the arts.
(6) A program operated to serve migrant children that: (A) provides services for children from migrant workerfamilies; and
(B) is operated during a single period of less than onehundred twenty (120) consecutive days during a calendaryear.
(7) A child care ministry registered under IC 12-17.2-6.
(8) A child care home if the provider:
(A) does not receive regular compensation;
(B) cares only for children who are related to the provider;
(C) cares for less than six (6) children, not includingchildren for whom the provider is a parent, stepparent,guardian, custodian, or other relative; or
(D) operates to serve migrant children.
(9) A child care program operated by a public or privatesecondary school that:
(A) provides day care on the school premises for children ofa student or an employee of the school;
(B) complies with health, safety, and sanitation standards asdetermined by the division under section 4 of this chapter forchild care centers or in accordance with a variance or waiverof a rule governing child care centers approved by thedivision under section 10 of this chapter; and
(C) substantially complies with the fire and life safety rulesas determined by the state fire marshal under rules adoptedby the division under section 4 of this chapter for child carecenters or in accordance with a variance or waiver of a rulegoverning child care centers approved by the division undersection 10 of this chapter.
(10) A school age child care program (commonly referred to asa latch key program) established under IC 20-26-5-2 that isoperated by:
(A) the department of education;
(B) a public or private school; or
(C) a public or private organization under a written contractwith:
(i) the department of education; or
(ii) a public or private school.
As added by P.L.1-1993, SEC.141. Amended by P.L.61-1993, SEC.8;P.L.136-1993, SEC.6; P.L.2-1995, SEC.50; P.L.50-2001, SEC.1;P.L.1-2005, SEC.136.
IC 12-17.2-2-9
Migrant children's programs
Sec. 9. (a) A program operated to serve migrant children that isexempted under section 8(6) of this chapter and is certified by theUnited States Department of Health and Human Services shall be:
(1) granted a provisional license by the division, for a limitedperiod not to exceed one (1) year and that is subject to reviewevery three (3) months, if the division determines that theprogram reasonably complies with the rules adopted by the
division; and
(2) inspected by the division of fire and building safety.
(b) The division and the fire prevention and building safetycommission shall adopt rules under IC 4-22-2 that apply only toprograms operated to serve migrant children that take intoconsideration the fact that the programs:
(1) operate in donated space;
(2) provide services for children from migrant worker families;and
(3) are operated during a single period of less than one hundredtwenty (120) consecutive days during a calendar year.
(c) This section does not prohibit a program operated to servemigrant children from applying for a license under this article.
As added by P.L.1-1993, SEC.141. Amended by P.L.1-2006,SEC.192.
IC 12-17.2-2-10
Variances and waivers
Sec. 10. (a) The division may grant a variance or waiver of a rulegoverning child care centers, or child care homes. A variance orwaiver granted under this section must promote statewide practicesand must protect the rights of persons affected by this article.
(b) The division may grant a variance to a rule if an applicant fora license or a licensee under this chapter does the following:
(1) Submits to the division a written request for the variance inthe form and manner specified by the division.
(2) Documents that compliance with an alternative method ofcompliance approved by the division will not be adverse to thehealth, safety, or welfare of a child receiving services from theapplicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditionedupon compliance with the alternative method approved by thedivision. Noncompliance constitutes the violation of a rule of thedivision and may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if an applicant for alicense or a licensee under this chapter does the following:
(1) Submits to the division a written request for the waiver inthe form and manner specified by the division.
(2) Documents that compliance with the rule specified in theapplication for the waiver will create an undue hardship on theapplicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be insubstantial compliance with the rules adopted by the divisionafter the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in theapplication for a waiver will not be adverse to the health, safety,or welfare of a child receiving services from the applicant forthe waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child carehomes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire preventionand building safety commission is not effective until the variance orwaiver is approved by the fire prevention and building safetycommission.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.7; P.L.2-1995, SEC.51; P.L.145-2006, SEC.94.
IC 12-17.2-2-11
Expiration of variances and waivers
Sec. 11. A waiver or variance granted under section 10 of thischapter and a waiver or variance renewed under section 12 of thischapter expires on the earlier of the following:
(1) The date when the license affected by the waiver or varianceexpires.
(2) The date set by the division for the expiration of the waiveror variance.
(3) The occurrence of the event set by the division for theexpiration of the waiver or variance.
(4) Two (2) years after the date that the waiver or variancebecomes effective.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-2-12
Renewal of variances and waivers
Sec. 12. (a) If the division determines that a waiver or varianceexpiring under section 11 of this chapter will continue to serve thepublic interest, the division may do the following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed topromote statewide practices and to protect the rights of personsaffected by this article.
(b) Before taking an action under subsection (a), the division mayrequire a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the formspecified by the division.
(2) Provide the information required by the division.
(c) Except for a waiver or variance of a rule governing child carehomes or foster homes, before taking an action under subsection (a),the division must obtain the approval of the fire prevention andbuilding safety commission for the action if either of the followingoccurs:
(1) The fire prevention and building safety commissionsubstantially changes a building rule or fire safety rule affectedby the waiver or variance after the date the commission lastapproved the waiver or variance.
(2) The division substantially modifies any part of a waiver orvariance that conflicts with a building rule or fire safety ruleadopted by the fire prevention and building safety commission.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.8.
IC 12-17.2-2-13
Revocation of variances and waivers
Sec. 13. (a) If a licensee under this article violates a condition ofa waiver or variance under this chapter, the division may issue anorder revoking the waiver or variance before the waiver or varianceexpires under section 11 of this chapter.
(b) If the waiver or variance is revoked under subsection (a), thelicensee is entitled to notice and an opportunity for a hearing asprovided under this article.
As added by P.L.1-1993, SEC.141.