CHAPTER 6. REGULATION OF CHILD CARE MINISTRIES
IC 12-17.2-6
Chapter 6. Regulation of Child Care Ministries
IC 12-17.2-6-1
Licensure of ministries
Sec. 1. A child care ministry is exempt from licensure under thisarticle if the child care ministry complies with this chapter. However,a child care ministry may apply for licensure. If a license is issued tothe child care ministry, the child care ministry shall comply withstate laws and rules governing licensure of the type of facility thatthe ministry operates.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-6-2
Operation of unlicensed ministries
Sec. 2. An unlicensed child care ministry under section 1 of thischapter may not operate unless the child care ministry has registeredwith and met the requirements of the division and the division of fireand building safety. Registration forms shall be provided by thedivision and the division of fire and building safety.
As added by P.L.1-1993, SEC.141. Amended by P.L.1-2006,SEC.193.
IC 12-17.2-6-3
Registration of licensed ministries
Sec. 3. The operator of a licensed child care ministry undersection 1 of this chapter shall register under section 2 of this chapterat least ninety (90) days before the expiration of the child careministry's license or ninety (90) days before surrendering the license.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-6-4
Inspection of unlicensed ministries by division
Sec. 4. (a) The division shall inspect a child care ministryregistered under section 2 of this chapter to ensure that the child careministry complies with the rules of the division adopted underIC 12-17.2-2-5(a).
(b) The division shall make an inspection described in subsection(a):
(1) at least semiannually; and
(2) additionally as determined necessary by the division, but notmore than four (4) inspections per year per child care ministry.
As added by P.L.1-1993, SEC.141. Amended by P.L.16-2006, SEC.6.
IC 12-17.2-6-5
Rules for fire prevention and inspection of unlicensed ministries
Sec. 5. (a) As used in this section, "primary use of the building"means the occupancy classification that is:
(1) most closely related to the intended use of the building; and
(2) determined by the rules of the fire prevention and building
safety commission in effect at the time that the child careministry is first registered.
(b) The state fire marshal shall inspect a child care ministryregistered under section 2 of this chapter to ensure that the child careministry complies with the requirements of subsection (c).
(c) Except as provided in the following, a registered child careministry shall comply with all rules of the fire prevention andbuilding safety commission applicable to the primary use of thebuilding:
(1) A registered child care ministry with an occupant load of atleast fifty (50) shall do either of the following:
(A) Install and maintain a fire alarm system in compliancewith the rules of the fire prevention and building safetycommission.
(B) Provide a notice on a form prescribed by the division offire and building safety to the parents of each child whoattends the ministry stating that the ministry does not havethe same level of fire safety protection as a licensed childcare center.
(2) Each registered child care ministry with an occupant load ofless than fifty (50) shall do either of the following:
(A) Install and maintain in good operating condition at leastone (1) battery operated smoke detector in each room andcorridor used by the ministry.
(B) Provide a notice on a form prescribed by the division offire and building safety to the parents of each child whoattends the ministry stating that the ministry does not havethe same level of fire safety protection as a licensed childcare center.
(3) Each registered child care ministry shall comply with therules of the fire prevention and building safety commissionconcerning fire drills.
For purposes of this subsection, occupant load is determined bydividing the total square footage of the area used by the child careministry by thirty-five (35) and rounding any result that is not awhole number up to the next whole number.
(d) The state fire marshal shall make an inspection of a child careministry registered under section 2 of this chapter at least annually.
(e) During an inspection, the state fire marshal shall inspect thestructure in which the child care ministry is conducted for fire safetyand life safety with respect to the structure's primary use.
As added by P.L.1-1993, SEC.141. Amended by P.L.159-1995,SEC.2; P.L.1-2006, SEC.194.
IC 12-17.2-6-6
Inspection notices for unlicensed ministries
Sec. 6. Upon the completion of the inspections required under thischapter, a notice signed by the inspectors from the division and thedivision of fire and building safety shall be issued to the operator ofeach child care ministry found to be in compliance. The notice shall
be placed in a conspicuous place in the child care ministry, and mustbe in substantially the following form:
"THIS UNLICENSED REGISTERED CHILD CAREMINISTRY has been inspected and complies with state rulesconcerning health and sanitation in child care ministries.
DATE ________________________
SIGNATURE ________________________
DIVISION OF FAMILY RESOURCES
THIS UNLICENSED REGISTERED CHILD CAREMINISTRY has been inspected and complies with state lawconcerning fire safety and life safety.
DATE ________________________
SIGNATURE ________________________
DIVISION OF FIRE AND BUILDING SAFETY".
As added by P.L.1-1993, SEC.141. Amended by P.L.159-1995,SEC.3; P.L.1-2006, SEC.195; P.L.145-2006, SEC.104.
IC 12-17.2-6-7
Notice to parents and guardians by unlicensed ministries
Sec. 7. The operator of a child care ministry registered undersection 2 of this chapter shall provide a notice to the parent orguardian of a child enrolled in the child care ministry. The noticemust be signed by the parent or guardian when the child is enrolledin the child care ministry and must be kept on file at the child careministry until two (2) years after the last day the child attends thechild care ministry. This notice must be maintained by the child careministry and made available to the division upon request. The noticemust be in the following form:
"I understand that this child care ministry is not licensed underthe laws of Indiana. However, I understand that this child careministry must comply with the state rules concerning sanitationand fire and life safety for the primary use of the structure inwhich it is conducted. I understand that it is my responsibilityto ensure that the nutritional and health needs of my child aremet while my child is at the child care ministry.
SIGNATURE ____________________".
As added by P.L.1-1993, SEC.141.
IC 12-17.2-6-8
Liability for injuries to children
Sec. 8. A child care ministry is not absolved from liability forinjury to a child while the child is at the child care ministry if thecause of the injury is negligence or intentional wrongdoing on thepart of the child care ministry or an employee of the child careministry.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-6-9
Loss of exemption for violation of chapter
Sec. 9. A child care ministry is not exempt under section 1 of this
chapter if the operator or an employee of the child care ministryviolates this chapter.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-6-10
Advertising requirements for exempt ministries
Sec. 10. A child care ministry that is exempt from licensing underthis chapter must clearly state in all of its paid promotionaladvertising that the child care ministry is providing child care as anextension of the ministry's church or religious ministry. A child careministry that is exempt from licensing under this chapter must bereferred to in all of its paid promotional advertising as a child careministry.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-6-11
Immunization of children
Sec. 11. (a) The parent or guardian of a child shall, when the childis enrolled in a child care ministry, provide the child care ministrywith proof that the child has received the required immunizationsagainst the following:
(1) Diphtheria.
(2) Whooping cough.
(3) Tetanus.
(4) Measles.
(5) Rubella.
(6) Poliomyelitis.
(7) Mumps.
(b) A child enrolled in a child care ministry may not be requiredto undergo an immunization required under this section if the parentsobject for religious reasons. The objection must be:
(1) made in writing;
(2) signed by the child's parent or guardian; and
(3) delivered to the child care ministry.
(c) If a physician certifies that a particular immunization requiredby this section is or may be detrimental to the child's health, therequirements of this section for that particular immunization areinapplicable to that child until the immunization is found to be nolonger detrimental to the child's health.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-6-12
Registration fees of division
Sec. 12. (a) The division shall charge a child care ministry a fiftydollar ($50) fee for processing a registration under section 2 of thischapter.
(b) The division shall deposit the fees collected under subsection(a) in the division of family resources child care fund established byIC 12-17.2-2-3.
As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006,
SEC.106.
IC 12-17.2-6-13
Registration fees of fire marshal
Sec. 13. (a) The state fire marshal shall charge a child careministry a fifty dollar ($50) fee for processing a registration undersection 2 of this chapter.
(b) The state fire marshal shall deposit the fees collected undersubsection (a) in the fire and building services fund established byIC 22-12-6-1.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-6-14
Criminal history checks; individuals prohibited from employmentor volunteering
Sec. 14. The child care ministry must do the following:
(1) Conduct a criminal history check of the child care ministry'semployees and volunteers.
(2) Refrain from employing, or allowing to serve as a volunteer,an individual who:
(A) has been convicted of any of the following felonies:
(i) Murder (IC 35-42-1-1).
(ii) Causing suicide (IC 35-42-1-2).
(iii) Assisting suicide (IC 35-42-1-2.5).
(iv) Voluntary manslaughter (IC 35-42-1-3).
(v) Reckless homicide (IC 35-42-1-5).
(vi) Battery (IC 35-42-2-1).
(vii) Aggravated battery (IC 35-42-2-1.5).
(viii) Kidnapping (IC 35-42-3-2).
(ix) Criminal confinement (IC 35-42-3-3).
(x) A felony sex offense under IC 35-42-4.
(xi) Carjacking (IC 35-42-5-2).
(xii) Arson (IC 35-43-1-1).
(xiii) Incest (IC 35-46-1-3).
(xiv) Neglect of a dependent (IC 35-46-1-4(a)(1) andIC 35-46-1-4(a)(2)).
(xv) Child selling (IC 35-46-1-4(d)).
(xvi) A felony involving a weapon under IC 35-47 orIC 35-47.5.
(xvii) A felony relating to controlled substances underIC 35-48-4.
(xviii) An offense relating to material or a performancethat is harmful to minors or obscene under IC 35-49-3.
(xix) A felony that is substantially equivalent to a felonylisted in items (i) through (xviii) for which the convictionwas entered in another state.
(B) has been convicted of a misdemeanor related to thehealth or safety of a child; or
(C) is a person against whom an allegation of child abuse orneglect has been substantiated under IC 31-33. (3) Maintain records of each criminal history check.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.22 and P.L.61-1993, SEC.12; P.L.124-2007, SEC.7.
IC 12-17.2-6-15
Unscheduled visits by parents and guardians
Sec. 15. Unscheduled visits by a custodial parent or guardian ofa child shall be permitted at any time a child care ministry is inoperation.
As added by P.L.1-1993, SEC.141.