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 care
centers or child care homes in accordance with this article.
(2) Ensure that a national criminal history background check of
the applicant is completed through the state police department
under IC 10-13-3-39 before issuing a license.
(3) Ensure that a criminal history background check of a child
care ministry applicant for registration is completed before
registering the child care ministry.
(4) Provide for the issuance, denial, suspension, and revocation
of licenses.
(5) Cooperate with governing bodies of child care centers and
child care homes and their staffs to improve standards of child
care.
(6) Prepare at least biannually a directory of licensees with a
description of the program capacity and type of children served
that will be distributed to the legislature, licensees, and other
interested parties as a public document.
(7) Deposit all license application fees collected under section
2 of this chapter in the division of family resources child care
fund established by IC 12-17.2-2-3.
(8) Require each child care center or child care home to record
proof of a child's date of birth before accepting the child. A
child's date of birth may be proven by the child's original birth
certificate 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 the
public may obtain the following information:
(A) Information concerning violations of this article by a
licensed 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 the
violation.
(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 care
home or information identifying an individual child. However,
the site may include the county and ZIP code in which a child
care home is located.
(10) Provide or approve training concerning safe sleeping
practices for children to:
(A) a provider who operates a child care program in the
provider'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 death
syndrome. 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 or
child care homes to submit a report containing the names and birth
dates of all children who are enrolled in the child care center or child
care home within three (3) months from the date the child care center
or child care home accepts its first child, upon receiving the consent
of the child's parent, guardian, or custodian as required under
subsection (b). The division shall require all child care centers and
child care homes that receive written consent as described under
subsection (b) to submit a monthly report of the name and birth date
of each additional child who has been enrolled in or withdrawn from
the child care center or child care home during the preceding thirty
(30) days.
(b) The division shall require all child care centers or child care
homes to request whether the child's parent, guardian, or custodian
desires the center or home to include the child's name and birth date
in the reports described under subsection (a) before enrolling the
child in the center or home. No child's name or birth date may be
included on the report required under subsection (a) without the
signed consent of the child's parent, guardian, or custodian. The
consent form must be in the following form:
"I give my permission for _____________________ (name of
day care center or home) to report the name and birth date of
my child or children to the division of family resources pursuant
to 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 information
provided under subsection (a) to the Indiana clearinghouse for
information on missing children and missing endangered adults
established under IC 10-13-5.
(d) The division shall require that a person who transports
children who are in the care of the child care center on a public
highway (as defined in IC 9-25-2-4) within or outside Indiana in a
vehicle designed and constructed for the accommodation of more
than ten (10) passengers must comply with the same requirements set
forth in IC 20-27-9-12 for a public elementary or secondary school
or a preschool operated by a school corporation. As added by P.L.12-1994, SEC.7. Amended by P.L.278-2001, SEC.1;
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 other
documents required by this article or by the rules adopted under
this article.
(2) Increase public awareness of this article and the rules
adopted under this article by preparing and publishing manuals
and guides explaining this article and the rules adopted under
this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
article.
(5) Seek the advice and recommendations of state agencies
whose information and knowledge would be of assistance in
writing, revising, or monitoring rules developed under this
article. These agencies, including the office of the attorney
general, state department of health, division of mental health
and addiction, bureau of criminal identification and
investigation, and fire prevention and building safety
commission, shall upon request supply necessary information
to the division.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application 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 application
packet, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not to
exceed twenty-five dollars ($25).
(8) Exercise any other regulatory and administrative powers
necessary 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 is
established for the purpose of providing training and facilitating
compliance with and enforcement of this article. The fund shall be
administered 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 from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 4-22-2
concerning the licensing and inspection of child care centers and
child 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 the
division and state fire marshal in the licensing and inspection of
applicants 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 to
govern the inspection of child care ministries under this article. The
rules must provide standards for sanitation.
(b) A child care ministry shall comply with rules established by
the 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 this
section, "provider" means a person who provides child care under
this article.
(b) When the division adopts an administrative rule or a policy
statement to administer this article, the division shall make the
administrative rule or policy statement available to the public upon
request.
(c) When the division adopts an administrative rule or a policy
statement to administer this article, the administrative rule or policy
statement must specifically identify the type of provider to which the
administrative rule or policy statement applies.
(d) When the division provides information to the public
concerning an administrative rule or a policy statement adopted by
the division, each document provided must specifically identify the
type of provider to which the administrative rule or policy statement
applies. 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 this
article for the continued compliance with this article and the rules
adopted by the division.
(b) The division shall conduct monitoring activities that include
onsite inspections, record reading, observation, and interviewing.
(c) The division shall conduct an onsite licensing study at least
one (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 care
records, personnel files, corporate and fiscal records, and board
minutes. Access shall also be provided to personnel from other state
agencies or other persons who provide inspections at the request of
the 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 determine
possible noncompliance with the rules adopted by the division. The
licensee is entitled to add comments concerning a complaint to the
licensing file. The division shall consider all formal complaints
against 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 following
programs:
(1) A program for children enrolled in grades kindergarten
through 12 that is operated by the department of education or a
public or private school.
(2) A program for children who become at least three (3) years
of age as of December 1 of a particular school year (as defined
in IC 20-18-2-17) that is operated by the department of
education or a public or private school.
(3) A nonresidential program for a child that provides child care
for less than four (4) hours a day.
(4) A recreation program for children that operates for not more
than 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, such
as 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 worker
families; and
(B) is operated during a single period of less than one
hundred twenty (120) consecutive days during a calendar
year.
(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 including
children 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 private
secondary school that:
(A) provides day care on the school premises for children of
a student or an employee of the school;
(B) complies with health, safety, and sanitation standards as
determined by the division under section 4 of this chapter for
child care centers or in accordance with a variance or waiver
of a rule governing child care centers approved by the
division under section 10 of this chapter; and
(C) substantially complies with the fire and life safety rules
as determined by the state fire marshal under rules adopted
by the division under section 4 of this chapter for child care
centers or in accordance with a variance or waiver of a rule
governing child care centers approved by the division under
section 10 of this chapter.
(10) A school age child care program (commonly referred to as
a latch key program) established under IC 20-26-5-2 that is
operated by:
(A) the department of education;
(B) a public or private school; or
(C) a public or private organization under a written contract
with:
(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 is
exempted under section 8(6) of this chapter and is certified by the
United States Department of Health and Human Services shall be:
(1) granted a provisional license by the division, for a limited
period not to exceed one (1) year and that is subject to review
every three (3) months, if the division determines that the
program 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 safety
commission shall adopt rules under IC 4-22-2 that apply only to
programs operated to serve migrant children that take into
consideration 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 hundred
twenty (120) consecutive days during a calendar year.
(c) This section does not prohibit a program operated to serve
migrant 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 rule
governing child care centers, or child care homes. A variance or
waiver granted under this section must promote statewide practices
and must protect the rights of persons affected by this article.
(b) The division may grant a variance to a rule if an applicant for
a license or a licensee under this chapter does the following:
(1) Submits to the division a written request for the variance in
the form and manner specified by the division.
(2) Documents that compliance with an alternative method of
compliance approved by the division will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
division. Noncompliance constitutes the violation of a rule of the
division and may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if an applicant for a
license or a licensee under this chapter does the following:
(1) Submits to the division a written request for the waiver in
the form and manner specified by the division.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the division
after the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for
the waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission. 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 this
chapter and a waiver or variance renewed under section 12 of this
chapter expires on the earlier of the following:
(1) The date when the license affected by the waiver or variance
expires.
(2) The date set by the division for the expiration of the waiver
or variance.
(3) The occurrence of the event set by the division for the
expiration of the waiver or variance.
(4) Two (2) years after the date that the waiver or variance
becomes 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 variance
expiring under section 11 of this chapter will continue to serve the
public 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 to
promote statewide practices and to protect the rights of persons
affected by this article.
(b) Before taking an action under subsection (a), the division may
require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form
specified by the division.
(2) Provide the information required by the division.
(c) Except for a waiver or variance of a rule governing child care
homes or foster homes, before taking an action under subsection (a),
the division must obtain the approval of the fire prevention and
building safety commission for the action if either of the following
occurs:
(1) The fire prevention and building safety commission
substantially changes a building rule or fire safety rule affected
by the waiver or variance after the date the commission last
approved the waiver or variance.
(2) The division substantially modifies any part of a waiver or
variance that conflicts with a building rule or fire safety rule
adopted 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 of
a waiver or variance under this chapter, the division may issue an
order revoking the waiver or variance before the waiver or variance
expires under section 11 of this chapter.
(b) If the waiver or variance is revoked under subsection (a), the
licensee is entitled to notice and an opportunity for a hearing as
provided under this article. As added by P.L.1-1993, SEC.141.
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 care
centers or child care homes in accordance with this article.
(2) Ensure that a national criminal history background check of
the applicant is completed through the state police department
under IC 10-13-3-39 before issuing a license.
(3) Ensure that a criminal history background check of a child
care ministry applicant for registration is completed before
registering the child care ministry.
(4) Provide for the issuance, denial, suspension, and revocation
of licenses.
(5) Cooperate with governing bodies of child care centers and
child care homes and their staffs to improve standards of child
care.
(6) Prepare at least biannually a directory of licensees with a
description of the program capacity and type of children served
that will be distributed to the legislature, licensees, and other
interested parties as a public document.
(7) Deposit all license application fees collected under section
2 of this chapter in the division of family resources child care
fund established by IC 12-17.2-2-3.
(8) Require each child care center or child care home to record
proof of a child's date of birth before accepting the child. A
child's date of birth may be proven by the child's original birth
certificate 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 the
public may obtain the following information:
(A) Information concerning violations of this article by a
licensed 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 the
violation.
(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 care
home or information identifying an individual child. However,
the site may include the county and ZIP code in which a child
care home is located.
(10) Provide or approve training concerning safe sleeping
practices for children to:
(A) a provider who operates a child care program in the
provider'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 death
syndrome. 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 or
child care homes to submit a report containing the names and birth
dates of all children who are enrolled in the child care center or child
care home within three (3) months from the date the child care center
or child care home accepts its first child, upon receiving the consent
of the child's parent, guardian, or custodian as required under
subsection (b). The division shall require all child care centers and
child care homes that receive written consent as described under
subsection (b) to submit a monthly report of the name and birth date
of each additional child who has been enrolled in or withdrawn from
the child care center or child care home during the preceding thirty
(30) days.
(b) The division shall require all child care centers or child care
homes to request whether the child's parent, guardian, or custodian
desires the center or home to include the child's name and birth date
in the reports described under subsection (a) before enrolling the
child in the center or home. No child's name or birth date may be
included on the report required under subsection (a) without the
signed consent of the child's parent, guardian, or custodian. The
consent form must be in the following form:
"I give my permission for _____________________ (name of
day care center or home) to report the name and birth date of
my child or children to the division of family resources pursuant
to 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 information
provided under subsection (a) to the Indiana clearinghouse for
information on missing children and missing endangered adults
established under IC 10-13-5.
(d) The division shall require that a person who transports
children who are in the care of the child care center on a public
highway (as defined in IC 9-25-2-4) within or outside Indiana in a
vehicle designed and constructed for the accommodation of more
than ten (10) passengers must comply with the same requirements set
forth in IC 20-27-9-12 for a public elementary or secondary school
or a preschool operated by a school corporation. As added by P.L.12-1994, SEC.7. Amended by P.L.278-2001, SEC.1;
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 other
documents required by this article or by the rules adopted under
this article.
(2) Increase public awareness of this article and the rules
adopted under this article by preparing and publishing manuals
and guides explaining this article and the rules adopted under
this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
article.
(5) Seek the advice and recommendations of state agencies
whose information and knowledge would be of assistance in
writing, revising, or monitoring rules developed under this
article. These agencies, including the office of the attorney
general, state department of health, division of mental health
and addiction, bureau of criminal identification and
investigation, and fire prevention and building safety
commission, shall upon request supply necessary information
to the division.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application 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 application
packet, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not to
exceed twenty-five dollars ($25).
(8) Exercise any other regulatory and administrative powers
necessary 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 is
established for the purpose of providing training and facilitating
compliance with and enforcement of this article. The fund shall be
administered 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 from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 4-22-2
concerning the licensing and inspection of child care centers and
child 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 the
division and state fire marshal in the licensing and inspection of
applicants 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 to
govern the inspection of child care ministries under this article. The
rules must provide standards for sanitation.
(b) A child care ministry shall comply with rules established by
the 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 this
section, "provider" means a person who provides child care under
this article.
(b) When the division adopts an administrative rule or a policy
statement to administer this article, the division shall make the
administrative rule or policy statement available to the public upon
request.
(c) When the division adopts an administrative rule or a policy
statement to administer this article, the administrative rule or policy
statement must specifically identify the type of provider to which the
administrative rule or policy statement applies.
(d) When the division provides information to the public
concerning an administrative rule or a policy statement adopted by
the division, each document provided must specifically identify the
type of provider to which the administrative rule or policy statement
applies. 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 this
article for the continued compliance with this article and the rules
adopted by the division.
(b) The division shall conduct monitoring activities that include
onsite inspections, record reading, observation, and interviewing.
(c) The division shall conduct an onsite licensing study at least
one (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 care
records, personnel files, corporate and fiscal records, and board
minutes. Access shall also be provided to personnel from other state
agencies or other persons who provide inspections at the request of
the 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 determine
possible noncompliance with the rules adopted by the division. The
licensee is entitled to add comments concerning a complaint to the
licensing file. The division shall consider all formal complaints
against 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 following
programs:
(1) A program for children enrolled in grades kindergarten
through 12 that is operated by the department of education or a
public or private school.
(2) A program for children who become at least three (3) years
of age as of December 1 of a particular school year (as defined
in IC 20-18-2-17) that is operated by the department of
education or a public or private school.
(3) A nonresidential program for a child that provides child care
for less than four (4) hours a day.
(4) A recreation program for children that operates for not more
than 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, such
as 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 worker
families; and
(B) is operated during a single period of less than one
hundred twenty (120) consecutive days during a calendar
year.
(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 including
children 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 private
secondary school that:
(A) provides day care on the school premises for children of
a student or an employee of the school;
(B) complies with health, safety, and sanitation standards as
determined by the division under section 4 of this chapter for
child care centers or in accordance with a variance or waiver
of a rule governing child care centers approved by the
division under section 10 of this chapter; and
(C) substantially complies with the fire and life safety rules
as determined by the state fire marshal under rules adopted
by the division under section 4 of this chapter for child care
centers or in accordance with a variance or waiver of a rule
governing child care centers approved by the division under
section 10 of this chapter.
(10) A school age child care program (commonly referred to as
a latch key program) established under IC 20-26-5-2 that is
operated by:
(A) the department of education;
(B) a public or private school; or
(C) a public or private organization under a written contract
with:
(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 is
exempted under section 8(6) of this chapter and is certified by the
United States Department of Health and Human Services shall be:
(1) granted a provisional license by the division, for a limited
period not to exceed one (1) year and that is subject to review
every three (3) months, if the division determines that the
program 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 safety
commission shall adopt rules under IC 4-22-2 that apply only to
programs operated to serve migrant children that take into
consideration 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 hundred
twenty (120) consecutive days during a calendar year.
(c) This section does not prohibit a program operated to serve
migrant 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 rule
governing child care centers, or child care homes. A variance or
waiver granted under this section must promote statewide practices
and must protect the rights of persons affected by this article.
(b) The division may grant a variance to a rule if an applicant for
a license or a licensee under this chapter does the following:
(1) Submits to the division a written request for the variance in
the form and manner specified by the division.
(2) Documents that compliance with an alternative method of
compliance approved by the division will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
division. Noncompliance constitutes the violation of a rule of the
division and may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if an applicant for a
license or a licensee under this chapter does the following:
(1) Submits to the division a written request for the waiver in
the form and manner specified by the division.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the division
after the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for
the waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission. 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 this
chapter and a waiver or variance renewed under section 12 of this
chapter expires on the earlier of the following:
(1) The date when the license affected by the waiver or variance
expires.
(2) The date set by the division for the expiration of the waiver
or variance.
(3) The occurrence of the event set by the division for the
expiration of the waiver or variance.
(4) Two (2) years after the date that the waiver or variance
becomes 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 variance
expiring under section 11 of this chapter will continue to serve the
public 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 to
promote statewide practices and to protect the rights of persons
affected by this article.
(b) Before taking an action under subsection (a), the division may
require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form
specified by the division.
(2) Provide the information required by the division.
(c) Except for a waiver or variance of a rule governing child care
homes or foster homes, before taking an action under subsection (a),
the division must obtain the approval of the fire prevention and
building safety commission for the action if either of the following
occurs:
(1) The fire prevention and building safety commission
substantially changes a building rule or fire safety rule affected
by the waiver or variance after the date the commission last
approved the waiver or variance.
(2) The division substantially modifies any part of a waiver or
variance that conflicts with a building rule or fire safety rule
adopted 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 of
a waiver or variance under this chapter, the division may issue an
order revoking the waiver or variance before the waiver or variance
expires under section 11 of this chapter.
(b) If the waiver or variance is revoked under subsection (a), the
licensee is entitled to notice and an opportunity for a hearing as
provided under this article. As added by P.L.1-1993, SEC.141.
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 care
centers or child care homes in accordance with this article.
(2) Ensure that a national criminal history background check of
the applicant is completed through the state police department
under IC 10-13-3-39 before issuing a license.
(3) Ensure that a criminal history background check of a child
care ministry applicant for registration is completed before
registering the child care ministry.
(4) Provide for the issuance, denial, suspension, and revocation
of licenses.
(5) Cooperate with governing bodies of child care centers and
child care homes and their staffs to improve standards of child
care.
(6) Prepare at least biannually a directory of licensees with a
description of the program capacity and type of children served
that will be distributed to the legislature, licensees, and other
interested parties as a public document.
(7) Deposit all license application fees collected under section
2 of this chapter in the division of family resources child care
fund established by IC 12-17.2-2-3.
(8) Require each child care center or child care home to record
proof of a child's date of birth before accepting the child. A
child's date of birth may be proven by the child's original birth
certificate 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 the
public may obtain the following information:
(A) Information concerning violations of this article by a
licensed 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 the
violation.
(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 care
home or information identifying an individual child. However,
the site may include the county and ZIP code in which a child
care home is located.
(10) Provide or approve training concerning safe sleeping
practices for children to:
(A) a provider who operates a child care program in the
provider'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 death
syndrome. 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 or
child care homes to submit a report containing the names and birth
dates of all children who are enrolled in the child care center or child
care home within three (3) months from the date the child care center
or child care home accepts its first child, upon receiving the consent
of the child's parent, guardian, or custodian as required under
subsection (b). The division shall require all child care centers and
child care homes that receive written consent as described under
subsection (b) to submit a monthly report of the name and birth date
of each additional child who has been enrolled in or withdrawn from
the child care center or child care home during the preceding thirty
(30) days.
(b) The division shall require all child care centers or child care
homes to request whether the child's parent, guardian, or custodian
desires the center or home to include the child's name and birth date
in the reports described under subsection (a) before enrolling the
child in the center or home. No child's name or birth date may be
included on the report required under subsection (a) without the
signed consent of the child's parent, guardian, or custodian. The
consent form must be in the following form:
"I give my permission for _____________________ (name of
day care center or home) to report the name and birth date of
my child or children to the division of family resources pursuant
to 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 information
provided under subsection (a) to the Indiana clearinghouse for
information on missing children and missing endangered adults
established under IC 10-13-5.
(d) The division shall require that a person who transports
children who are in the care of the child care center on a public
highway (as defined in IC 9-25-2-4) within or outside Indiana in a
vehicle designed and constructed for the accommodation of more
than ten (10) passengers must comply with the same requirements set
forth in IC 20-27-9-12 for a public elementary or secondary school
or a preschool operated by a school corporation. As added by P.L.12-1994, SEC.7. Amended by P.L.278-2001, SEC.1;
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 other
documents required by this article or by the rules adopted under
this article.
(2) Increase public awareness of this article and the rules
adopted under this article by preparing and publishing manuals
and guides explaining this article and the rules adopted under
this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
article.
(5) Seek the advice and recommendations of state agencies
whose information and knowledge would be of assistance in
writing, revising, or monitoring rules developed under this
article. These agencies, including the office of the attorney
general, state department of health, division of mental health
and addiction, bureau of criminal identification and
investigation, and fire prevention and building safety
commission, shall upon request supply necessary information
to the division.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application 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 application
packet, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not to
exceed twenty-five dollars ($25).
(8) Exercise any other regulatory and administrative powers
necessary 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 is
established for the purpose of providing training and facilitating
compliance with and enforcement of this article. The fund shall be
administered 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 from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert 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 4-22-2
concerning the licensing and inspection of child care centers and
child 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 the
division and state fire marshal in the licensing and inspection of
applicants 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 to
govern the inspection of child care ministries under this article. The
rules must provide standards for sanitation.
(b) A child care ministry shall comply with rules established by
the 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 this
section, "provider" means a person who provides child care under
this article.
(b) When the division adopts an administrative rule or a policy
statement to administer this article, the division shall make the
administrative rule or policy statement available to the public upon
request.
(c) When the division adopts an administrative rule or a policy
statement to administer this article, the administrative rule or policy
statement must specifically identify the type of provider to which the
administrative rule or policy statement applies.
(d) When the division provides information to the public
concerning an administrative rule or a policy statement adopted by
the division, each document provided must specifically identify the
type of provider to which the administrative rule or policy statement
applies. 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 this
article for the continued compliance with this article and the rules
adopted by the division.
(b) The division shall conduct monitoring activities that include
onsite inspections, record reading, observation, and interviewing.
(c) The division shall conduct an onsite licensing study at least
one (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 care
records, personnel files, corporate and fiscal records, and board
minutes. Access shall also be provided to personnel from other state
agencies or other persons who provide inspections at the request of
the 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 determine
possible noncompliance with the rules adopted by the division. The
licensee is entitled to add comments concerning a complaint to the
licensing file. The division shall consider all formal complaints
against 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 following
programs:
(1) A program for children enrolled in grades kindergarten
through 12 that is operated by the department of education or a
public or private school.
(2) A program for children who become at least three (3) years
of age as of December 1 of a particular school year (as defined
in IC 20-18-2-17) that is operated by the department of
education or a public or private school.
(3) A nonresidential program for a child that provides child care
for less than four (4) hours a day.
(4) A recreation program for children that operates for not more
than 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, such
as 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 worker
families; and
(B) is operated during a single period of less than one
hundred twenty (120) consecutive days during a calendar
year.
(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 including
children 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 private
secondary school that:
(A) provides day care on the school premises for children of
a student or an employee of the school;
(B) complies with health, safety, and sanitation standards as
determined by the division under section 4 of this chapter for
child care centers or in accordance with a variance or waiver
of a rule governing child care centers approved by the
division under section 10 of this chapter; and
(C) substantially complies with the fire and life safety rules
as determined by the state fire marshal under rules adopted
by the division under section 4 of this chapter for child care
centers or in accordance with a variance or waiver of a rule
governing child care centers approved by the division under
section 10 of this chapter.
(10) A school age child care program (commonly referred to as
a latch key program) established under IC 20-26-5-2 that is
operated by:
(A) the department of education;
(B) a public or private school; or
(C) a public or private organization under a written contract
with:
(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 is
exempted under section 8(6) of this chapter and is certified by the
United States Department of Health and Human Services shall be:
(1) granted a provisional license by the division, for a limited
period not to exceed one (1) year and that is subject to review
every three (3) months, if the division determines that the
program 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 safety
commission shall adopt rules under IC 4-22-2 that apply only to
programs operated to serve migrant children that take into
consideration 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 hundred
twenty (120) consecutive days during a calendar year.
(c) This section does not prohibit a program operated to serve
migrant 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 rule
governing child care centers, or child care homes. A variance or
waiver granted under this section must promote statewide practices
and must protect the rights of persons affected by this article.
(b) The division may grant a variance to a rule if an applicant for
a license or a licensee under this chapter does the following:
(1) Submits to the division a written request for the variance in
the form and manner specified by the division.
(2) Documents that compliance with an alternative method of
compliance approved by the division will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
division. Noncompliance constitutes the violation of a rule of the
division and may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if an applicant for a
license or a licensee under this chapter does the following:
(1) Submits to the division a written request for the waiver in
the form and manner specified by the division.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the division
after the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for
the waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission. 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 this
chapter and a waiver or variance renewed under section 12 of this
chapter expires on the earlier of the following:
(1) The date when the license affected by the waiver or variance
expires.
(2) The date set by the division for the expiration of the waiver
or variance.
(3) The occurrence of the event set by the division for the
expiration of the waiver or variance.
(4) Two (2) years after the date that the waiver or variance
becomes 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 variance
expiring under section 11 of this chapter will continue to serve the
public 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 to
promote statewide practices and to protect the rights of persons
affected by this article.
(b) Before taking an action under subsection (a), the division may
require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the form
specified by the division.
(2) Provide the information required by the division.
(c) Except for a waiver or variance of a rule governing child care
homes or foster homes, before taking an action under subsection (a),
the division must obtain the approval of the fire prevention and
building safety commission for the action if either of the following
occurs:
(1) The fire prevention and building safety commission
substantially changes a building rule or fire safety rule affected
by the waiver or variance after the date the commission last
approved the waiver or variance.
(2) The division substantially modifies any part of a waiver or
variance that conflicts with a building rule or fire safety rule
adopted 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 of
a waiver or variance under this chapter, the division may issue an
order revoking the waiver or variance before the waiver or variance
expires under section 11 of this chapter.
(b) If the waiver or variance is revoked under subsection (a), the
licensee is entitled to notice and an opportunity for a hearing as
provided under this article. As added by P.L.1-1993, SEC.141.
