IC 12-17.2-3.5
    Chapter 3.5. Eligibility of Child Care Provider to ReceiveReimbursement Through Voucher Program

IC 12-17.2-3.5-1
Applicability of chapter
    Sec. 1. (a) This chapter applies to all child care providersregardless of whether a provider is required to be licensed orregistered under this article. However, a child care provider that islicensed under IC 12-17.2-4 or IC 12-17.2-5 is considered to be incompliance with this chapter unless the child care provider is foundto be in violation of this chapter.
    (b) If a school age child care program that is:
        (1) described in IC 12-17.2-2-8(10); and
        (2) located in a school building;
is determined to be in compliance with a requirement of this chapterby another state regulatory authority, the school age child careprogram is considered to be in compliance with the requirementunder this chapter.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.8;P.L.16-2006, SEC.2; P.L.124-2007, SEC.4.

IC 12-17.2-3.5-1.2
"Child care program"
    Sec. 1.2. As used in this chapter, "child care program" refers tothe activities provided for children during the time that children arein the care of a provider.
As added by P.L.18-2003, SEC.9.

IC 12-17.2-3.5-1.3
"Employed"; "employee"; "employment"; "employs"
    Sec. 1.3. As used in this chapter, "employed", "employee","employment", or "employs" refers to services performed by anindividual for compensation. The terms do not refer to servicesperformed by an individual who volunteers, including an individualwho provides assistance and receives an allowance, a stipend, orother support under the federal Foster Grandparent Program (42U.S.C. 66(II)(B)).
As added by P.L.18-2003, SEC.10.

IC 12-17.2-3.5-1.7
"Volunteer"; "volunteers"
    Sec. 1.7. As used in this chapter, "volunteer" or "volunteers"refers to an individual who, without compensation, provides servicesto a provider.
As added by P.L.18-2003, SEC.11.

IC 12-17.2-3.5-2
Repealed
    (Repealed by P.L.18-2003, SEC.34.)
IC 12-17.2-3.5-3
"Voucher payment"
    Sec. 3. As used in this chapter, "voucher payment" meanspayment for child care through the federal Child Care andDevelopment Fund voucher program administered under 45 CFR 98and 45 CFR 99.
As added by P.L.247-2001, SEC.3.

IC 12-17.2-3.5-4
Ineligible providers
    Sec. 4. A provider who:
        (1) has been convicted of a:
            (A) felony;
            (B) misdemeanor related to the health or safety of a child;
            (C) misdemeanor for operating a child care center without alicense under IC 12-17.2-4-35; or
            (D) misdemeanor for operating a child care home without alicense under IC 12-17.2-5-35;
        (2) employs or otherwise allows an individual who has beenconvicted of a crime specified under subdivision (1) to:
            (A) serve as a caregiver to a child in the provider's care; or
            (B) reside with the provider, if the provider operates a childcare program in the provider's home; or
        (3) fails to meet the requirements set forth in sections 5 through12.1 of this chapter;
is ineligible to receive a voucher payment.
As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002,SEC.2; P.L.18-2003, SEC.12.

IC 12-17.2-3.5-4.1
Alleged perpetrators ineligible
    Sec. 4.1. (a) This section applies to the following:
        (1) A provider, if the provider is an individual.
        (2) If a provider operates a child care program in the provider'shome, an individual who resides with the provider and who isat least eighteen (18) years of age.
        (3) An individual who:
            (A) is employed; or
            (B) volunteers;
        as a caregiver at the facility where a provider operates a childcare program.
    (b) If information used by the division under IC 31-33-17-6(7)indicates that an individual described in subsection (a) has beennamed as an alleged perpetrator, the following are ineligible toreceive a voucher payment:
        (1) The individual.
        (2) A provider in whose home the individual resides if theprovider operates a child care program in the provider's home.
        (3) A provider that:
            (A) employs the individual; or            (B) allows the individual to volunteer;
        as a caregiver at the facility where the provider operates a childcare program.
As added by P.L.109-2002, SEC.3. Amended by P.L.18-2003,SEC.13.

IC 12-17.2-3.5-5
Facility requirements
    Sec. 5. A provider shall have:
        (1) working smoke detectors that meet the standards adopted byrule for smoke detectors in licensed child care homes; and
        (2) hot and cold running water;
in the area of the facility where the provider operates a child careprogram.
As added by P.L.247-2001, SEC.3. Amended by P.L.131-2002,SEC.1; P.L.18-2003, SEC.14.

IC 12-17.2-3.5-5.5
Supervision of children; requirements for safe sleeping practicestraining
    Sec. 5.5. (a) A provider shall ensure that a child in the provider'scare is continually supervised by a caregiver.
    (b) A provider who operates a child care program in the provider'shome (including a child care home licensed under IC 12-17.2-5) andwho receives a voucher payment under this chapter shall completethe training course provided or approved by the division underIC 12-17.2-2-1(10) concerning safe sleeping practices.
As added by P.L.18-2003, SEC.15. Amended by P.L.162-2005,SEC.2.

IC 12-17.2-3.5-6
Tuberculosis screening
    Sec. 6. (a) A provider who is an individual shall have anintradermal tuberculosis test before the provider is eligible for avoucher payment.
    (b) A provider shall assure that an individual who is at leasteighteen (18) years of age and:
        (1) who, if the provider operates a child care program in theprovider's home, resides with the provider; or
        (2) who:
            (A) is employed; or
            (B) volunteers;
        as a caregiver at the facility where the provider operates a childcare program;
has an intradermal tuberculosis test before the individual resides withthe provider or is employed or allowed to volunteer as a caregiver.
    (c) A provider shall maintain documentation of an annual healthassessment by a physician reflecting the results of symptomscreening for tuberculosis for:
        (1) the provider, if the provider is an individual; and        (2) an individual described in subsection (b);
who has a history of latent or active tuberculosis.
    (d) A provider shall provide the results of the tests and screeningrequired under this section to the division upon request.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003,SEC.16.

IC 12-17.2-3.5-7
Plans to notify parents
    Sec. 7. A provider shall have written plans for notifying parentsregarding the following:
        (1) Illness, serious injury, or death of the provider.
        (2) Care in an emergency.
        (3) Emergency evacuation.
The plan required under subdivision (3) must be posted in aconspicuous location in the facility where the provider operates achild care program.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003,SEC.17.

IC 12-17.2-3.5-8
Certifications required
    Sec. 8. (a) At least one (1) adult individual who maintains annualcertification in a course of cardiopulmonary resuscitation applicableto all age groups of children cared for by a provider shall be presentat all times when a child is in the care of the provider.
    (b) An individual who:
        (1) is employed; or
        (2) volunteers;
as a caregiver at a facility where a provider operates a child careprogram shall maintain current certification in first aid applicable toall age groups of children cared for by the provider.
As added by P.L.247-2001, SEC.3. Amended by P.L.47-2002, SEC.1;P.L.18-2003, SEC.18.

IC 12-17.2-3.5-9
Telephones
    Sec. 9. A provider shall have at least one (1) working telephonein each facility where the provider operates a child care program.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003,SEC.19.

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

IC 12-17.2-3.5-11
Items inaccessible to children
    Sec. 11. A provider shall provide for a safe environment byensuring that the following items are placed in areas that areinaccessible to the children in the provider's care:
        (1) Firearms and ammunition.
        (2) Poisons, chemicals, bleach, and cleaning materials.
As added by P.L.247-2001, SEC.3.

IC 12-17.2-3.5-11.1
Immunizations
    Sec. 11.1. (a) After December 31, 2002, a provider shall maintainand annually update documentation provided by the physician ofeach child who is cared for in a facility where the provider operatesa child care program that the child has received complete ageappropriate immunizations, including:
        (1) conjugated pneumococcal vaccine; and
        (2) varicella vaccine or a demonstrated immunity to varicella.
The state department of health shall determine for each age level theimmunizations that constitute complete age appropriateimmunizations.
    (b) A provider meets the requirement of subsection (a) if:        (1) a child's parent:
            (A) objects to immunizations for religious reasons; and
            (B) provides documentation of the parent's objection;
        (2) the child's physician provides documentation of a medicalreason the child should not be immunized; or
        (3) the child's physician provides documentation that the childis currently in the process of receiving complete age appropriateimmunizations;
and the provider maintains and annually updates the documentationprovided by the parent or physician under this subsection.
As added by P.L.121-2002, SEC.1 and P.L.131-2002, SEC.3.Amended by P.L.18-2003, SEC.21.

IC 12-17.2-3.5-12
Limited criminal histories; temporary eligibility; exceptions
    Sec. 12. (a) Except as provided in subsection (f), a provider shall,at no expense to the state, maintain and make available to thedivision upon request a copy of a limited criminal history for:
        (1) the provider, if the provider is an individual;
        (2) if the provider operates a child care program in theprovider's home, any individual who resides with the providerand who is:
            (A) at least eighteen (18) years of age; or
            (B) less than eighteen (18) years of age but has previouslybeen waived from juvenile court to adult court; and
        (3) any individual who:
            (A) is employed; or
            (B) volunteers;
        as a caregiver at the facility where the provider operates a childcare program.
A provider shall apply for a limited criminal history for an individualdescribed in subdivision (3) before the individual is employed orallowed to volunteer as a caregiver.
    (b) In addition to the requirement under subsection (a), a providershall report to the division any:
        (1) police investigations;
        (2) arrests; and
        (3) criminal convictions;
not listed on a limited criminal history obtained under subsection (a)regarding any of the persons listed in subsection (a).
    (c) A provider that meets the other eligibility requirements of thischapter is temporarily eligible to receive voucher payments until theprovider receives the limited criminal history required undersubsection (a) from the state police department if:
        (1) the provider:
            (A) has applied for the limited criminal history requiredunder subsection (a); and
            (B) obtains a local criminal history for the individualsdescribed in subsection (a) from each individual's local lawenforcement agency before the individual is employed or

allowed to volunteer as a caregiver; and
        (2) the local criminal history does not reveal that an individualhas been convicted of a:
            (A) felony;
            (B) misdemeanor related to the health or safety of a child;
            (C) misdemeanor for operating a child care center without alicense under IC 12-17.2-4-35; or
            (D) misdemeanor for operating a child care home without alicense under IC 12-17.2-5-35.
    (d) A provider is ineligible to receive a voucher payment if anindividual for whom a limited criminal history is required under thissection has been convicted of a:
        (1) felony;
        (2) misdemeanor related to the health or safety of a child;
        (3) misdemeanor for operating a child care center without alicense under IC 12-17.2-4-35; or
        (4) misdemeanor for operating a child care home without alicense under IC 12-17.2-5-35;
until the individual is dismissed from employment or volunteerservice at the facility where the provider operates a child careprogram or no longer resides with the provider.
    (e) A provider shall maintain a written policy requiring anindividual for whom a limited criminal history is required under thissection to report any criminal convictions of the individual to theprovider.
    (f) The state police department may not charge a church orreligious society any fees or costs for responding to a request for arelease of a limited criminal history record of a prospective orcurrent employee or a prospective or current volunteer of a child careministry registered under IC 12-17.2-6 if the conditions set forth inIC 10-13-3-36(f) are met.
As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002,SEC.4; P.L.18-2003, SEC.22; P.L.6-2004, SEC.1; P.L.142-2006,SEC.2.

IC 12-17.2-3.5-12.1
Drug testing
    Sec. 12.1. (a) A provider shall, at no expense to the state, maintainand make available to the division upon request a copy of drugtesting results for:
        (1) the provider, if the provider is an individual;
        (2) if the provider operates a child care program in theprovider's home, any individual who resides with the providerand who is at least eighteen (18) years of age; and
        (3) an individual who:
            (A) is employed; or
            (B) volunteers;
        as a caregiver at the facility where the provider operates a childcare program.
The drug testing results for an individual described in subdivision (3)

must be obtained before the individual is employed or allowed tovolunteer as a caregiver.
    (b) A provider that is not a child care ministry or a child carecenter shall maintain a written policy specifying the following:
        (1) That the:
            (A) use of:
                (i) tobacco;
                (ii) alcohol; or
                (iii) a potentially toxic substance in a manner other thanthe substance's intended purpose; and
            (B) use or possession of an illegal substance;
        is prohibited in the facility where the provider operates a childcare program when child care is being provided.
        (2) That drug testing of individuals who serve as caregivers willbe:
            (A) performed based on a protocol established or approvedby the division; and
            (B) required if an individual is suspected of noncompliancewith the requirements specified under subdivision (1).
    (c) A provider that is a child care ministry or a child care centershall maintain a written policy specifying the following:
        (1) That the:
            (A) use of:
                (i) tobacco; or
                (ii) a potentially toxic substance in a manner other than thesubstance's intended purpose; and
            (B) use or possession of alcohol or an illegal substance;
        is prohibited in the facility where the provider operates a childcare program when child care is being provided.
        (2) That drug testing of individuals who serve as caregivers willbe:
            (A) performed based on a protocol established or approvedby the division; and
            (B) required if an individual is suspected of noncompliancewith the requirements specified under subdivision (1).
    (d) If:
        (1) the drug testing results obtained under subsection (a), (b), or(c) indicate the presence of a prohibited substance described insubsection (b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii),or (c)(1)(B); or
        (2) an individual refuses to submit to a drug test;
the provider is ineligible to receive a voucher payment until theindividual is suspended or terminated from employment or volunteerservice at the facility or no longer resides with the provider.
    (e) A provider that suspends an individual described in subsection(d) shall maintain a written policy providing for reinstatement of theindividual following rehabilitation and drug testing results that arenegative for a prohibited substance described in subsection(b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii), or (c)(1)(B).
    (f) Drug testing results obtained under this section are confidential

and may not be disclosed for any purpose other than the purposedescribed in this section.
As added by P.L.109-2002, SEC.5. Amended by P.L.18-2003,SEC.23; P.L.6-2004, SEC.2; P.L.16-2006, SEC.3.

IC 12-17.2-3.5-13
Local step ahead councils
    Sec. 13. A local step ahead council may not require a child careministry to meet any minimum standards in addition to the standardsdescribed in this chapter unless the additional standards are approvedby the:
        (1) general assembly; or
        (2) division.
As added by P.L.247-2001, SEC.3.

IC 12-17.2-3.5-14
Administrative review
    Sec. 14. (a) Notice of a determination made under this chaptermust be provided under IC 4-21.5-3-6.
    (b) A person affected by a determination made under this chaptermay seek administrative review under IC 4-21.5-3-7.
As added by P.L.109-2002, SEC.6.

IC 12-17.2-3.5-15
Rulemaking
    Sec. 15. The division shall adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.18-2003, SEC.24.