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 this
article if the child care ministry complies with this chapter. However,
a child care ministry may apply for licensure. If a license is issued to
the child care ministry, the child care ministry shall comply with
state laws and rules governing licensure of the type of facility that
the 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 this
chapter may not operate unless the child care ministry has registered
with and met the requirements of the division and the division of fire
and building safety. Registration forms shall be provided by the
division 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 under
section 1 of this chapter shall register under section 2 of this chapter
at least ninety (90) days before the expiration of the child care
ministry'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 ministry
registered under section 2 of this chapter to ensure that the child care
ministry complies with the rules of the division adopted under
IC 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 not
more 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 care
ministry is first registered.
(b) The state fire marshal shall inspect a child care ministry
registered under section 2 of this chapter to ensure that the child care
ministry complies with the requirements of subsection (c).
(c) Except as provided in the following, a registered child care
ministry shall comply with all rules of the fire prevention and
building safety commission applicable to the primary use of the
building:
(1) A registered child care ministry with an occupant load of at
least fifty (50) shall do either of the following:
(A) Install and maintain a fire alarm system in compliance
with the rules of the fire prevention and building safety
commission.
(B) Provide a notice on a form prescribed by the division of
fire and building safety to the parents of each child who
attends the ministry stating that the ministry does not have
the same level of fire safety protection as a licensed child
care center.
(2) Each registered child care ministry with an occupant load of
less than fifty (50) shall do either of the following:
(A) Install and maintain in good operating condition at least
one (1) battery operated smoke detector in each room and
corridor used by the ministry.
(B) Provide a notice on a form prescribed by the division of
fire and building safety to the parents of each child who
attends the ministry stating that the ministry does not have
the same level of fire safety protection as a licensed child
care center.
(3) Each registered child care ministry shall comply with the
rules of the fire prevention and building safety commission
concerning fire drills.
For purposes of this subsection, occupant load is determined by
dividing the total square footage of the area used by the child care
ministry by thirty-five (35) and rounding any result that is not a
whole number up to the next whole number.
(d) The state fire marshal shall make an inspection of a child care
ministry registered under section 2 of this chapter at least annually.
(e) During an inspection, the state fire marshal shall inspect the
structure in which the child care ministry is conducted for fire safety
and 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 this
chapter, a notice signed by the inspectors from the division and the
division of fire and building safety shall be issued to the operator of
each child care ministry found to be in compliance. The notice shall
be placed in a conspicuous place in the child care ministry, and must
be in substantially the following form:
"THIS UNLICENSED REGISTERED CHILD CARE
MINISTRY has been inspected and complies with state rules
concerning health and sanitation in child care ministries.
DATE ________________________
SIGNATURE ________________________
DIVISION OF FAMILY RESOURCES
THIS UNLICENSED REGISTERED CHILD CARE
MINISTRY has been inspected and complies with state law
concerning 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 under
section 2 of this chapter shall provide a notice to the parent or
guardian of a child enrolled in the child care ministry. The notice
must be signed by the parent or guardian when the child is enrolled
in the child care ministry and must be kept on file at the child care
ministry until two (2) years after the last day the child attends the
child care ministry. This notice must be maintained by the child care
ministry and made available to the division upon request. The notice
must be in the following form:
"I understand that this child care ministry is not licensed under
the laws of Indiana. However, I understand that this child care
ministry must comply with the state rules concerning sanitation
and fire and life safety for the primary use of the structure in
which it is conducted. I understand that it is my responsibility
to ensure that the nutritional and health needs of my child are
met 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 for
injury to a child while the child is at the child care ministry if the
cause of the injury is negligence or intentional wrongdoing on the
part of the child care ministry or an employee of the child care
ministry. 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 ministry
violates 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 under
this chapter must clearly state in all of its paid promotional
advertising that the child care ministry is providing child care as an
extension of the ministry's church or religious ministry. A child care
ministry that is exempt from licensing under this chapter must be
referred to in all of its paid promotional advertising as a child care
ministry. 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 child
is enrolled in a child care ministry, provide the child care ministry
with proof that the child has received the required immunizations
against 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 required
to undergo an immunization required under this section if the parents
object 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 required
by this section is or may be detrimental to the child's health, the
requirements of this section for that particular immunization are
inapplicable to that child until the immunization is found to be no
longer 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 fifty
dollar ($50) fee for processing a registration under section 2 of this
chapter.
(b) The division shall deposit the fees collected under subsection
(a) in the division of family resources child care fund established by
IC 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 care
ministry a fifty dollar ($50) fee for processing a registration under
section 2 of this chapter.
(b) The state fire marshal shall deposit the fees collected under
subsection (a) in the fire and building services fund established by
IC 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 employment
or volunteering
Sec. 14. The child care ministry must do the following:
(1) Conduct a criminal history check of the child care ministry's
employees 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) and
IC 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 or
IC 35-47.5.
(xvii) A felony relating to controlled substances under
IC 35-48-4.
(xviii) An offense relating to material or a performance
that is harmful to minors or obscene under IC 35-49-3.
(xix) A felony that is substantially equivalent to a felony
listed in items (i) through (xviii) for which the conviction
was entered in another state.
(B) has been convicted of a misdemeanor related to the
health or safety of a child; or
(C) is a person against whom an allegation of child abuse or
neglect 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 of
a child shall be permitted at any time a child care ministry is in
operation. As added by P.L.1-1993, SEC.141.
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 this
article if the child care ministry complies with this chapter. However,
a child care ministry may apply for licensure. If a license is issued to
the child care ministry, the child care ministry shall comply with
state laws and rules governing licensure of the type of facility that
the 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 this
chapter may not operate unless the child care ministry has registered
with and met the requirements of the division and the division of fire
and building safety. Registration forms shall be provided by the
division 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 under
section 1 of this chapter shall register under section 2 of this chapter
at least ninety (90) days before the expiration of the child care
ministry'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 ministry
registered under section 2 of this chapter to ensure that the child care
ministry complies with the rules of the division adopted under
IC 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 not
more 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 care
ministry is first registered.
(b) The state fire marshal shall inspect a child care ministry
registered under section 2 of this chapter to ensure that the child care
ministry complies with the requirements of subsection (c).
(c) Except as provided in the following, a registered child care
ministry shall comply with all rules of the fire prevention and
building safety commission applicable to the primary use of the
building:
(1) A registered child care ministry with an occupant load of at
least fifty (50) shall do either of the following:
(A) Install and maintain a fire alarm system in compliance
with the rules of the fire prevention and building safety
commission.
(B) Provide a notice on a form prescribed by the division of
fire and building safety to the parents of each child who
attends the ministry stating that the ministry does not have
the same level of fire safety protection as a licensed child
care center.
(2) Each registered child care ministry with an occupant load of
less than fifty (50) shall do either of the following:
(A) Install and maintain in good operating condition at least
one (1) battery operated smoke detector in each room and
corridor used by the ministry.
(B) Provide a notice on a form prescribed by the division of
fire and building safety to the parents of each child who
attends the ministry stating that the ministry does not have
the same level of fire safety protection as a licensed child
care center.
(3) Each registered child care ministry shall comply with the
rules of the fire prevention and building safety commission
concerning fire drills.
For purposes of this subsection, occupant load is determined by
dividing the total square footage of the area used by the child care
ministry by thirty-five (35) and rounding any result that is not a
whole number up to the next whole number.
(d) The state fire marshal shall make an inspection of a child care
ministry registered under section 2 of this chapter at least annually.
(e) During an inspection, the state fire marshal shall inspect the
structure in which the child care ministry is conducted for fire safety
and 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 this
chapter, a notice signed by the inspectors from the division and the
division of fire and building safety shall be issued to the operator of
each child care ministry found to be in compliance. The notice shall
be placed in a conspicuous place in the child care ministry, and must
be in substantially the following form:
"THIS UNLICENSED REGISTERED CHILD CARE
MINISTRY has been inspected and complies with state rules
concerning health and sanitation in child care ministries.
DATE ________________________
SIGNATURE ________________________
DIVISION OF FAMILY RESOURCES
THIS UNLICENSED REGISTERED CHILD CARE
MINISTRY has been inspected and complies with state law
concerning 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 under
section 2 of this chapter shall provide a notice to the parent or
guardian of a child enrolled in the child care ministry. The notice
must be signed by the parent or guardian when the child is enrolled
in the child care ministry and must be kept on file at the child care
ministry until two (2) years after the last day the child attends the
child care ministry. This notice must be maintained by the child care
ministry and made available to the division upon request. The notice
must be in the following form:
"I understand that this child care ministry is not licensed under
the laws of Indiana. However, I understand that this child care
ministry must comply with the state rules concerning sanitation
and fire and life safety for the primary use of the structure in
which it is conducted. I understand that it is my responsibility
to ensure that the nutritional and health needs of my child are
met 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 for
injury to a child while the child is at the child care ministry if the
cause of the injury is negligence or intentional wrongdoing on the
part of the child care ministry or an employee of the child care
ministry. 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 ministry
violates 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 under
this chapter must clearly state in all of its paid promotional
advertising that the child care ministry is providing child care as an
extension of the ministry's church or religious ministry. A child care
ministry that is exempt from licensing under this chapter must be
referred to in all of its paid promotional advertising as a child care
ministry. 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 child
is enrolled in a child care ministry, provide the child care ministry
with proof that the child has received the required immunizations
against 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 required
to undergo an immunization required under this section if the parents
object 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 required
by this section is or may be detrimental to the child's health, the
requirements of this section for that particular immunization are
inapplicable to that child until the immunization is found to be no
longer 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 fifty
dollar ($50) fee for processing a registration under section 2 of this
chapter.
(b) The division shall deposit the fees collected under subsection
(a) in the division of family resources child care fund established by
IC 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 care
ministry a fifty dollar ($50) fee for processing a registration under
section 2 of this chapter.
(b) The state fire marshal shall deposit the fees collected under
subsection (a) in the fire and building services fund established by
IC 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 employment
or volunteering
Sec. 14. The child care ministry must do the following:
(1) Conduct a criminal history check of the child care ministry's
employees 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) and
IC 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 or
IC 35-47.5.
(xvii) A felony relating to controlled substances under
IC 35-48-4.
(xviii) An offense relating to material or a performance
that is harmful to minors or obscene under IC 35-49-3.
(xix) A felony that is substantially equivalent to a felony
listed in items (i) through (xviii) for which the conviction
was entered in another state.
(B) has been convicted of a misdemeanor related to the
health or safety of a child; or
(C) is a person against whom an allegation of child abuse or
neglect 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 of
a child shall be permitted at any time a child care ministry is in
operation. As added by P.L.1-1993, SEC.141.
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 this
article if the child care ministry complies with this chapter. However,
a child care ministry may apply for licensure. If a license is issued to
the child care ministry, the child care ministry shall comply with
state laws and rules governing licensure of the type of facility that
the 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 this
chapter may not operate unless the child care ministry has registered
with and met the requirements of the division and the division of fire
and building safety. Registration forms shall be provided by the
division 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 under
section 1 of this chapter shall register under section 2 of this chapter
at least ninety (90) days before the expiration of the child care
ministry'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 ministry
registered under section 2 of this chapter to ensure that the child care
ministry complies with the rules of the division adopted under
IC 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 not
more 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 care
ministry is first registered.
(b) The state fire marshal shall inspect a child care ministry
registered under section 2 of this chapter to ensure that the child care
ministry complies with the requirements of subsection (c).
(c) Except as provided in the following, a registered child care
ministry shall comply with all rules of the fire prevention and
building safety commission applicable to the primary use of the
building:
(1) A registered child care ministry with an occupant load of at
least fifty (50) shall do either of the following:
(A) Install and maintain a fire alarm system in compliance
with the rules of the fire prevention and building safety
commission.
(B) Provide a notice on a form prescribed by the division of
fire and building safety to the parents of each child who
attends the ministry stating that the ministry does not have
the same level of fire safety protection as a licensed child
care center.
(2) Each registered child care ministry with an occupant load of
less than fifty (50) shall do either of the following:
(A) Install and maintain in good operating condition at least
one (1) battery operated smoke detector in each room and
corridor used by the ministry.
(B) Provide a notice on a form prescribed by the division of
fire and building safety to the parents of each child who
attends the ministry stating that the ministry does not have
the same level of fire safety protection as a licensed child
care center.
(3) Each registered child care ministry shall comply with the
rules of the fire prevention and building safety commission
concerning fire drills.
For purposes of this subsection, occupant load is determined by
dividing the total square footage of the area used by the child care
ministry by thirty-five (35) and rounding any result that is not a
whole number up to the next whole number.
(d) The state fire marshal shall make an inspection of a child care
ministry registered under section 2 of this chapter at least annually.
(e) During an inspection, the state fire marshal shall inspect the
structure in which the child care ministry is conducted for fire safety
and 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 this
chapter, a notice signed by the inspectors from the division and the
division of fire and building safety shall be issued to the operator of
each child care ministry found to be in compliance. The notice shall
be placed in a conspicuous place in the child care ministry, and must
be in substantially the following form:
"THIS UNLICENSED REGISTERED CHILD CARE
MINISTRY has been inspected and complies with state rules
concerning health and sanitation in child care ministries.
DATE ________________________
SIGNATURE ________________________
DIVISION OF FAMILY RESOURCES
THIS UNLICENSED REGISTERED CHILD CARE
MINISTRY has been inspected and complies with state law
concerning 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 under
section 2 of this chapter shall provide a notice to the parent or
guardian of a child enrolled in the child care ministry. The notice
must be signed by the parent or guardian when the child is enrolled
in the child care ministry and must be kept on file at the child care
ministry until two (2) years after the last day the child attends the
child care ministry. This notice must be maintained by the child care
ministry and made available to the division upon request. The notice
must be in the following form:
"I understand that this child care ministry is not licensed under
the laws of Indiana. However, I understand that this child care
ministry must comply with the state rules concerning sanitation
and fire and life safety for the primary use of the structure in
which it is conducted. I understand that it is my responsibility
to ensure that the nutritional and health needs of my child are
met 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 for
injury to a child while the child is at the child care ministry if the
cause of the injury is negligence or intentional wrongdoing on the
part of the child care ministry or an employee of the child care
ministry. 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 ministry
violates 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 under
this chapter must clearly state in all of its paid promotional
advertising that the child care ministry is providing child care as an
extension of the ministry's church or religious ministry. A child care
ministry that is exempt from licensing under this chapter must be
referred to in all of its paid promotional advertising as a child care
ministry. 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 child
is enrolled in a child care ministry, provide the child care ministry
with proof that the child has received the required immunizations
against 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 required
to undergo an immunization required under this section if the parents
object 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 required
by this section is or may be detrimental to the child's health, the
requirements of this section for that particular immunization are
inapplicable to that child until the immunization is found to be no
longer 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 fifty
dollar ($50) fee for processing a registration under section 2 of this
chapter.
(b) The division shall deposit the fees collected under subsection
(a) in the division of family resources child care fund established by
IC 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 care
ministry a fifty dollar ($50) fee for processing a registration under
section 2 of this chapter.
(b) The state fire marshal shall deposit the fees collected under
subsection (a) in the fire and building services fund established by
IC 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 employment
or volunteering
Sec. 14. The child care ministry must do the following:
(1) Conduct a criminal history check of the child care ministry's
employees 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) and
IC 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 or
IC 35-47.5.
(xvii) A felony relating to controlled substances under
IC 35-48-4.
(xviii) An offense relating to material or a performance
that is harmful to minors or obscene under IC 35-49-3.
(xix) A felony that is substantially equivalent to a felony
listed in items (i) through (xviii) for which the conviction
was entered in another state.
(B) has been convicted of a misdemeanor related to the
health or safety of a child; or
(C) is a person against whom an allegation of child abuse or
neglect 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 of
a child shall be permitted at any time a child care ministry is in
operation. As added by P.L.1-1993, SEC.141.
