Indiana § 12-17-13-9 - Administrative rules

Full text of Indiana Indiana Code § 12-17-13-9 — Administrative rules, with citation guidance and answers to common questions.

§ 12-17-13-9. Administrative rules

Sec. 9. The director of the division may adopt rules under IC 4-22-2 to carry out this chapter, including rules specifying the following:

(1) Standards for the hiring of staff for a preschool child care program.

(2) Cost and expense standards for the establishment and operation of a preschool child care program within a school and within a facility other than a school.

(3) A sliding fee scale for use by preschool child care programs that are operating under a grant under this chapter.

(4) Minimum staff to child ratios for a preschool child care program.

(5) Physical space requirements for a preschool child care program, including indoor and outdoor space.

(6) Nutrition requirements for a preschool child care program.

(7) Standards for the provision of emergency health services in a preschool child care program.

(8) Application guidelines and deadlines.

(9) A method for establishing priority of applicants.

[Pre-1992 Revision Citation: 4-28-6.2-9.]

As added by P.L.2-1992, SEC.11.

IC 12-17-14Chapter 14. Repealed[Pre-1992 Revision Citations:

12-17-14-1formerly 12-3-30-212-17-14-2formerly 12-3-30-312-17-14-3formerly 12-3-30-512-17-14-4formerly 12-3-30-612-17-14-5formerly 16-17-2-112-17-14-6formerly 16-17-3-112-17-14-7formerly 16-17-4-112-17-14-8formerly 16-17-4-212-17-14-9formerly 16-17-4-312-17-14-10formerly 16-17-4-412-17-14-11formerly 16-17-4-512-17-14-12formerly 16-17-4-612-17-14-13formerly 16-17-4-712-17-14-14formerly 16-17-4-812-17-14-15formerly 16-17-4-912-17-14-16formerly 16-17-4-1012-17-14-17formerly 16-17-5-112-17-14-18formerly 16-17-5-2.]Repealed by P.L.21-1992, SEC.16.

IC 12-17-15Chapter 15. RepealedRepealed by P.L.93-2006, SEC.19.

IC 12-17-16Chapter 16. RepealedRepealed by P.L.145-2006, SEC.376.

IC 12-17-17Chapter 17. RepealedRepealed by P.L.128-2012, SEC.15.

IC 12-17-18Chapter 18. RepealedRepealed by P.L.273-1999, SEC.181.

IC 12-17-19Chapter 19. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

12-17-19-1formerly 20-1-1.8-112-17-19-2formerly 20-1-1.8-212-17-19-3formerly 20-1-1.8-312-17-19-4formerly 20-1-1.8-412-17-19-5formerly 20-1-1.8-512-17-19-6formerly 20-1-1.8-612-17-19-7formerly 20-1-1.8-712-17-19-8formerly 20-1-1.8-812-17-19-9formerly 20-1-1.8-912-17-19-10formerly 20-1-1.8-1012-17-19-11formerly 20-1-1.8-1112-17-19-12formerly 20-1-1.8-11.112-17-19-13formerly 20-1-1.8-1212-17-19-14formerly 20-1-1.8-1312-17-19-15formerly 20-1-1.8-1412-17-19-16formerly 20-1-1.8-1512-17-19-17formerly 20-1-1.8-1612-17-19-18formerly 20-1-1.8-1712-17-19-19formerly 20-1-1.8-17.212-17-19-20formerly 20-1-1.8-1812-17-19-21formerly 20-1-1.8-1912-17-19-22formerly 20-1-1.8-2012-17-19-23formerly 20-1-1.8-2112-17-19-24formerly 20-1-1.8-2212-17-19-25formerly 20-1-1.8-23.]Repealed by P.L.210-2015, SEC.53.

IC 12-17.2ARTICLE 17.2. DAY CARE REGULATION

Ch. 1.Applicability Ch. 2.General Powers and Duties of the Division Ch. 2.5.Child Care Advisory Committees Ch. 3.Repealed Ch. 3.1.Repealed Ch. 3.2.Repealed Ch. 3.3.Repealed Ch. 3.5.Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program Ch. 3.6.Repealed Ch. 3.7.Repealed Ch. 3.8.Early Learning Advisory Committee Ch. 4.Regulation of Child Care Centers Ch. 5.Regulation of Child Care Homes Ch. 6.Regulation of Child Care Ministries Ch. 7.2.Prekindergarten Program Ch. 7.5.Technology Based In-Home Early Education Ch. 7.6.Micro Facility Pilot Program

IC 12-17.2-1Chapter 1. Applicability

12-17.2-1-1Application of article

IC 12-17.2-1-1Application of article Sec. 1. Except as provided in IC 12-17.2-3.5, this article does not apply to the following:

(1) A child care center or child care home licensed or operated by any of the following:

(A) Programs for children in grades kindergarten through 12 that are operated under the authority of the department of education or that are operated with the assistance of the department of education.

(B) The division of mental health and addiction.

(D) The department of correction.

(2) A person who provides child care in the person's residential structure, if the person:

(A) does not receive regular compensation for child care;

(B) cares only for children who are related to the provider;

(i) a relative of a provider;

(ii) under the custody or guardianship of a provider; or

(iii) at least fourteen (14) years of age and does not require child care; or

(D) provides child care for less than six (6) hours per day, but not more than thirty (30) hours per week.

(3) A county jail or detention center.

As added by P.L.1-1993, SEC.141. Amended by P.L.215-2001, SEC.50; P.L.56-2023, SEC.116; P.L.134-2024, SEC.3.

IC 12-17.2-2Chapter 2. General Powers and Duties of the Division

12-17.2-2-1Duties of division 12-17.2-2-1.5Child care center or child care home reports of children enrolled; parental consent to submission of information 12-17.2-2-2Powers of division 12-17.2-2-2Powers of division 12-17.2-2-3Division of family resources child care fund 12-17.2-2-4Child care center licensing and inspection rules 12-17.2-2-4Child care center licensing and inspection rules 12-17.2-2-5Child care ministry inspection rules 12-17.2-2-5.5Administrative rules and policy statements 12-17.2-2-6Monitoring of licensed entities 12-17.2-2-7Investigation of complaints 12-17.2-2-8Licensure exemptions 12-17.2-2-9Migrant children's programs 12-17.2-2-9Migrant children's programs 12-17.2-2-10Variances and waivers 12-17.2-2-10Variances and waivers 12-17.2-2-11Expiration of variances and waivers 12-17.2-2-12Renewal of variances and waivers 12-17.2-2-12Renewal of variances and waivers 12-17.2-2-13Revocation of variances and waivers 12-17.2-2-14Repealed 12-17.2-2-14.2Paths to QUALITY program established 12-17.2-2-14.2Paths to QUALITY program established 12-17.2-2-14.4State police department release results of national criminal history background check; division prohibited from releasing records 12-17.2-2-15Multi-site child care center licenses

IC 12-17.2-2-1Duties 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 following is completed through the state police department under IC 10-13-3-39 before issuing a license:

(A) An applicant for a license.

(B) An employee or volunteer of an applicant who may be present on the premises of the child care center or child care home during the operating hours of the child care center or child care home.

(i) The applicant's spouse.

(ii) The applicant's household members who are at least eighteen (18) years of age or who are less than eighteen (18) years of age but have previously been waived from juvenile court to adult court.

(3) Ensure that a national criminal history background check of the following is completed through the state police department under IC 10-13-3-39 before registering a child care ministry:

(A) An applicant for a child care ministry registration.

(B) An employee or volunteer of an applicant who may be present on the premises of the child care ministry during the operating hours of 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 section 3 of this chapter.

(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 a website 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.

The website may not contain the address of a child care home or information identifying an individual child. However, the website 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 12-17.2-3.5-12.5;

(B) a child care home licensed under IC 12-17.2-5;

(D) a child care ministry registered under IC 12-17.2-6;

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; P.L.287-2013, SEC.4; P.L.53-2018, SEC.4; P.L.121-2020, SEC.1; P.L.1-2025, SEC.171.

IC 12-17.2-2-1.5Child 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, missing veterans at risk, 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; P.L.2-2003, SEC.41; P.L.1-2005, SEC.135; P.L.145-2006, SEC.92; P.L.43-2009, SEC.13; P.L.40-2024, SEC.21.

IC 12-17.2-2-2Powers of division Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

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, Indiana 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).

(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; P.L.56-2023, SEC.117.

IC 12-17.2-2-2Powers of division Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

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, Indiana department of health, division of mental health and addiction, bureau of criminal identification and investigation, and department of homeland security, 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).

(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; P.L.56-2023, SEC.117; P.L.152-2026, SEC.193.

IC 12-17.2-2-3Division 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.

(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.

(f) Money in the fund is continuously appropriated to carry out the purposes of this article.

As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006, SEC.93; P.L.108-2019, SEC.199.

IC 12-17.2-2-4Child care center licensing and inspection rules Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

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) Indiana department of health.

(2) Fire prevention and building safety commission.

(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. Amended by P.L.210-2015, SEC.54; P.L.56-2023, SEC.118.

IC 12-17.2-2-4Child care center licensing and inspection rules Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

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) Indiana department of health.

(2) Department of homeland security.

(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. Amended by P.L.210-2015, SEC.54; P.L.56-2023, SEC.118; P.L.152-2026, SEC.194.

IC 12-17.2-2-5Child 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 12-17.2-2-5.5Administrative rules and policy statements Sec. 5.5. (a) Notwithstanding IC 12-7-2.1-267, 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; P.L.145-2026, SEC.76.

IC 12-17.2-2-6Monitoring 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 12-17.2-2-7Investigation 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 12-17.2-2-8Licensure 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 operates to serve migrant children.

(9) A child care program operated by a public or private school that does the following:

(A) Provides day care on school property for children in the school corporation in which the public or private school is located.

(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.

(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

(i) the department of education; or

(ii) a public or private school.

(11) A child care program that:

(A) is operated by a public or private organization under a contract with a public or private school;

(B) serves children who are enrolled in the public or private school in:

(i) grades kindergarten through 12; or

(ii) a preschool program offered by a public or private school as described in this subdivision; and

(i) attending school through remote or e-learning due to a disaster emergency declared under IC 10-14-3-12 or IC 10-14-3-29; or

(ii) participating in a learning recovery program that administers an assessment to measure student learning loss and provides Indiana academic standards aligned instruction.

(12) An educational program:

(A) consisting of a group of not more than ten (10) students who attend the educational program in lieu of attending prekindergarten or kindergarten through grade 12 at a public or private school;

(B) whose students meet in a single classroom in person or outside a classroom and which may include mixed age level groupings; and

(13) If located in the same public or private school building:

(A) a preschool program that is operated by the public or private school; and

(B) either or both of the following:

(i) A child care program described in subdivision (9).

(ii) A school age child care program described in subdivision (10).

(14) A child care program operated by a public or private school that does the following:

(A) Provides day care on school property for children of employees of a business or organization with which the school has entered into a contract to provide services. If the school property is owned by the school, the school property must have been both:

(i) owned by the school; and

(ii) used for child care;

on or before January 1, 2024.

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; P.L.173-2021, SEC.1; P.L.216-2021, SEC.3; P.L.220-2021, SEC.6; P.L.81-2022, SEC.1; P.L.134-2024, SEC.4; P.L.160-2025, SEC.1.

IC 12-17.2-2-9Migrant children's programs Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

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 department of homeland security.

(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; P.L.187-2021, SEC.44.

IC 12-17.2-2-9Migrant children's programs Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

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:

(2) inspected by the department of homeland security.

(b) The division and the department of homeland security 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; P.L.187-2021, SEC.44; P.L.152-2026, SEC.195.

IC 12-17.2-2-10Variances and waivers Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 10. (a) The division may grant a variance or waiver of a rule governing a provider. 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 a provider 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 a provider 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; P.L.225-2013, SEC.5.

IC 12-17.2-2-10Variances and waivers Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

(b) The division may grant a variance to a rule if a provider does the following:

(1) Submits to the division a written request for the variance in the form and manner specified by the division.

(d) The division may grant a waiver of a rule if a provider 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.

(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 department of homeland security is not effective until the variance or waiver is approved by the department of homeland security or, with the approval of the department of homeland security, the state building commissioner.

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; P.L.225-2013, SEC.5; P.L.152-2026, SEC.196.

IC 12-17.2-2-11Expiration 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) Three (3) years after the date that the waiver or variance becomes effective.

As added by P.L.1-1993, SEC.141. Amended by P.L.160-2025, SEC.2.

IC 12-17.2-2-12Renewal of variances and waivers Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

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 12-17.2-2-12Renewal of variances and waivers Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

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 department of homeland security for the action if either of the following occurs:

(1) The department of homeland security substantially changes a building rule or fire safety rule affected by the waiver or variance after the date the department of homeland security 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 department of homeland security.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.8; P.L.152-2026, SEC.197.

IC 12-17.2-2-13Revocation 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 12-17.2-2-14RepealedAs added by P.L.205-2013, SEC.210 and P.L.287-2013, SEC.5. Repealed by P.L.2-2014, SEC.66; P.L.2-2014, SEC.67.

IC 12-17.2-2-14.2Paths to QUALITY program established Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 14.2. (a) As used in this section, "program" refers to the paths to QUALITY program established by subsection (b).

(b) The paths to QUALITY program is established. The program is a voluntary child care facility quality rating and improvement system implemented by the division in partnership with the following organizations under the trademark "Paths to QUALITY":

(1) Indiana Association for the Education of Young Children.

(2) Indiana Association for Child Care Resource and Referral.

(3) Indiana Head Start Collaboration Office.

(4) Department of education established by IC 20-19-3-1.

(5) Early Childhood Alliance.

(6) 4C of Southern Indiana.

(c) The program shall use four (4) levels at which a child care facility participating in the program may be rated, with Level 4 indicating the highest level of quality child care.

(d) The office of the secretary shall adopt rules under IC 4-22-2 to administer the paths to QUALITY program rating system. The rules must include procedures that outline eligibility and application procedures for the program, the establishment of procedures relating to the rating process, and the establishment or alteration of standards used in the rating process.

(e) The office of the secretary shall adopt rules under IC 4-22-2 to establish the steering council of the program to make recommendations to the division on program issues and resources. Rules adopted under this subsection must require that council members be appointed from partner organizations that assist in the implementation of the program and serve to coordinate the program plan.

As added by P.L.2-2014, SEC.68.

IC 12-17.2-2-14.2Paths to QUALITY program established Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 14.2. (a) As used in this section, "program" refers to the paths to QUALITY program established by subsection (b).

(1) Indiana Association for the Education of Young Children.

(2) Indiana Association for Child Care Resource and Referral.

(3) Indiana Head Start Collaboration Office.

(4) Department of education established by IC 20-19-3-1.

(5) Early Childhood Alliance.

(6) 4C of Southern Indiana.

(c) The program shall use four (4) levels at which a child care facility participating in the program may be rated, with Level 4 indicating the highest level of quality child care.

As added by P.L.2-2014, SEC.68. Amended by P.L.152-2026, SEC.198.

IC 12-17.2-2-14.4State police department release results of national criminal history background check; division prohibited from releasing records Sec. 14.4. (a) The state police department shall release the results of a national criminal history background check conducted in accordance with this article to the division.

(b) The division may not release records received from the state police department under subsection (a).

As added by P.L.2-2014, SEC.69.

IC 12-17.2-2-15Multi-site child care center licenses Sec. 15. (a) Not later than June 30, 2026, the division shall establish an organizational license category for multi-site child care centers operating under one (1) owner.

(b) In establishing the license category under subsection (a), the division shall do the following:

(1) Allow an owner to make a single license application for one (1) or more child care centers and assign each owner's license a unique license number.

(2) Allow an owner to pay a single licensure fee even if applying for multiple child care center locations, which must be equal to the fee that the owner would pay for each separate child care license under section 2 of this chapter.

(3) Assign each owner a separate location number for each facility.

(4) Monitor each facility separately by location number to ensure that each facility separately meets important health and safety standards.

(5) Inspect each location number separately for compliance, create separate plans of correction for each location number, and provide location number based enforcement that does not affect the other location numbers.

(6) Provide maximum flexibility to an owner when the owner is considering adding new locations to serve a community's need for licensed child care.

(7) Reduce redundancy in the application process for an owner.

(8) Reduce the administrative burden to the state in reviewing multiple licenses for a single owner.

(9) Consider the maximum efficiencies for the organizational license holder to drive down operational costs for the child care center owner.

As added by P.L.160-2025, SEC.3.

IC 12-17.2-2.5Chapter 2.5. Child Care Advisory Committees

12-17.2-2.5-1Establishment of committees 12-17.2-2.5-2Purpose 12-17.2-2.5-3Membership 12-17.2-2.5-4Meetings 12-17.2-2.5-5Attendance 12-17.2-2.5-6Annual reports 12-17.2-2.5-7Compensation

IC 12-17.2-2.5-1Establishment of committees Sec. 1. The division shall establish a child care advisory committee for each of the following categories of child care:

(1) Child care homes.

(2) Child care centers.

As added by P.L.126-2007, SEC.1.

IC 12-17.2-2.5-2Purpose Sec. 2. The purpose of each committee is to provide to the division information, advice, and assistance concerning implementation of child care regulations.

As added by P.L.126-2007, SEC.1.

IC 12-17.2-2.5-3Membership Sec. 3. Each committee must consist of members appointed:

(1) by the secretary or the secretary's designee; and

(2) to provide diversity in representing the types of child care that comprise the committee's category specified in section 1 of this chapter, including size, licensure status, accreditation status, and geographic location in Indiana.

As added by P.L.126-2007, SEC.1. Amended by P.L.35-2016, SEC.48.

IC 12-17.2-2.5-4Meetings Sec. 4. Meetings of each committee must be held on a quarterly basis.

As added by P.L.126-2007, SEC.1.

IC 12-17.2-2.5-5Attendance Sec. 5. The child care administrator of the division (or the child care administrator's designee) and other representatives of the division shall attend the meetings of each committee.

As added by P.L.126-2007, SEC.1.

IC 12-17.2-2.5-6Annual reports Sec. 6. Each committee shall annually report to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 concerning the committee's activities during the previous year.

As added by P.L.126-2007, SEC.1. Amended by P.L.53-2014, SEC.109.

IC 12-17.2-2.5-7Compensation Sec. 7. Members of each committee serve without compensation.

As added by P.L.126-2007, SEC.1.

IC 12-17.2-3Chapter 3. RepealedRepealed by P.L.253-1997(ss), SEC.45.

IC 12-17.2-3.1Chapter 3.1. RepealedRepealed by P.L.107-2005, SEC.3.

IC 12-17.2-3.2Chapter 3.2. RepealedRepealed by P.L.1-2007, SEC.248.

IC 12-17.2-3.3Chapter 3.3. RepealedRepealed by P.L.53-2014, SEC.110.

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

12-17.2-3.5-0.1Application of certain amendments to chapter 12-17.2-3.5-1Applicability of chapter 12-17.2-3.5-1.2"Child care program" 12-17.2-3.5-1.3"Employed"; "employee"; "employment"; "employs" 12-17.2-3.5-1.7Repealed 12-17.2-3.5-2Repealed 12-17.2-3.5-3"Voucher payment" 12-17.2-3.5-3.5Eligibility for voucher payments 12-17.2-3.5-4Ineligible providers; enforcement actions; decertification; division consideration of religious instruction or activity 12-17.2-3.5-4.1Perpetrators ineligible 12-17.2-3.5-5Facility requirements; activities; nutrition; educational materials 12-17.2-3.5-5.5Supervision of children; ratios and group sizes 12-17.2-3.5-6Repealed 12-17.2-3.5-7Parent notification plan; discipline policy; parent visits 12-17.2-3.5-8Caregiver requirements; education; documentation 12-17.2-3.5-8.5Child abuse or neglect reporting 12-17.2-3.5-9Communication devices 12-17.2-3.5-10Fire safety requirements 12-17.2-3.5-10Fire safety requirements 12-17.2-3.5-11Safety 12-17.2-3.5-11.1Immunizations 12-17.2-3.5-12National criminal history background check; temporary eligibility; exceptions; fees or costs; meet certain requirements by July 1, 2014 12-17.2-3.5-12.1Drug testing 12-17.2-3.5-12.5Safe sleeping practices; violations; penalties 12-17.2-3.5-13Local step ahead councils 12-17.2-3.5-14Administrative review 12-17.2-3.5-14.5Develop provider rate reimbursement schedule; incentive to meet standards of quality 12-17.2-3.5-15Rulemaking 12-17.2-3.5-16Decertification and revocation of eligibility 12-17.2-3.5-17Imminent threats to children 12-17.2-3.5-18Child abuse and neglect 12-17.2-3.5-19Notifications of injury or death of child

IC 12-17.2-3.5-0.1Application of certain amendments to chapter Sec. 0.1. The amendments made to section 10 of this chapter by P.L.131-2002 apply to a provider that begins receiving voucher payments after June 30, 2002.

As added by P.L.220-2011, SEC.268.

IC 12-17.2-3.5-1Applicability of chapter Sec. 1. (a) This chapter applies to all child care providers regardless of whether a provider is required to be licensed or registered under this article. However, except as provided in section 4(b) of this chapter, a child care provider that is licensed under IC 12-17.2-4 or IC 12-17.2-5 is considered to be in compliance with this chapter.

(b) If a school age child care program that is:

(1) described in IC 12-17.2-2-8(10); and

(2) located in a school building;

is determined to be in compliance with a requirement of this chapter by another state regulatory authority, the school age child care program is considered to be in compliance with the requirement under this chapter.

As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.8; P.L.16-2006, SEC.2; P.L.124-2007, SEC.4; P.L.225-2013, SEC.6.

IC 12-17.2-3.5-1.2"Child care program" Sec. 1.2. As used in this chapter, "child care program" refers to the activities provided for children during the time that children are in the care of a provider.

As added by P.L.18-2003, SEC.9.

IC 12-17.2-3.5-1.3"Employed"; "employee"; "employment"; "employs" Sec. 1.3. As used in this chapter, "employed", "employee", "employment", or "employs" refers to services performed by an individual for compensation. The terms do not refer to services performed by an individual who volunteers, including an individual who provides assistance and receives an allowance, a stipend, or other support under the federal Foster Grandparent Program (42 U.S.C. 5011).

As added by P.L.18-2003, SEC.10. Amended by P.L.7-2015, SEC.37.

IC 12-17.2-3.5-1.7RepealedAs added by P.L.18-2003, SEC.11. Repealed by P.L.225-2013, SEC.7.

IC 12-17.2-3.5-2RepealedAs added by P.L.247-2001, SEC.3. Repealed by P.L.18-2003, SEC.34.

IC 12-17.2-3.5-3"Voucher payment" Sec. 3. As used in this chapter, "voucher payment" means payment for child care through the federal Child Care and Development Fund voucher program administered under 45 CFR 98 and 45 CFR 99.

As added by P.L.247-2001, SEC.3.

IC 12-17.2-3.5-3.5Eligibility for voucher payments Sec. 3.5. A child care provider is eligible to receive a voucher payment if the provider complies with this chapter and meets any of the following:

(1) Does not receive regular compensation.

(2) Cares only for children who are related to the provider.

(3) Cares for less than eight (8) children, not including children for whom the provider is a parent, stepparent, guardian, custodian, or other relative.

(4) Operates to serve migrant children.

As added by P.L.134-2024, SEC.5. Amended by P.L.1-2025, SEC.172.

IC 12-17.2-3.5-4Ineligible providers; enforcement actions; decertification; division consideration of religious instruction or activity Sec. 4. (a) A provider is ineligible to receive a voucher payment if the provider:

(1) has been convicted of a:

(A) felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest;

(B) misdemeanor related to:

(i) the health or safety of a child; or

(ii) welfare fraud;

(C) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or

(D) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child;

(2) allows an individual who has been convicted of a crime specified under subdivision (1) to reside with the provider, if the provider operates a child care program in the provider's home;

(3) employs an individual or allows an individual to volunteer who:

(A) may be on the premises of the facility where the provider operates a child care program during operating hours of the child care program; and

(B) has been convicted of a crime specified in subdivision (1);

(4) has had a revocation of eligibility under this chapter during the immediately preceding two (2) years; or

(5) fails to meet the requirements of this chapter.

(b) A provider whose:

(1) license under IC 12-17.2-4 or IC 12-17.2-5; or

(2) compliance with this chapter;

is subject to an enforcement action is ineligible to receive a voucher payment, regardless of whether the provider meets the requirements of this chapter, until the outcome of any proceeding under IC 4-21.5 reflects a final determination that the provider's license or eligibility is in good standing.

(1) may reapply for eligibility to receive a voucher payment at any time that the provider is able to demonstrate compliance with this chapter; and

(2) is not eligible to receive a voucher payment under this chapter until the provider receives notice from the division that the provider's application under subdivision (1) has been approved.

(d) In determining whether a provider meets the requirements of this chapter, the division may not consider religious instruction or activities.

As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002, SEC.2; P.L.18-2003, SEC.12; P.L.287-2013, SEC.6; P.L.225-2013, SEC.8; P.L.171-2014, SEC.2; P.L.121-2020, SEC.2.

IC 12-17.2-3.5-4.1Perpetrators ineligible Sec. 4.1. (a) This section applies to the following:

(1) A provider, if the provider is an individual.

(2) If a provider operates a child care program in the provider's home, an individual who resides with the provider and who is at least eighteen (18) years of age.

(3) An individual who:

(A) is employed; or

(B) volunteers;

at the facility where a provider operates a child care program.

(b) If information used by the division under IC 31-33-26-16(a)(10) or obtained by the division under section 18 of this chapter indicates that an individual described in subsection (a) has been named as a perpetrator, the following are ineligible to receive a voucher payment:

(1) The individual.

(2) A provider in whose home the individual resides if the provider operates a child care program in the provider's home.

(3) A provider that:

(A) employs the individual; or

(B) allows the individual to volunteer;

at the facility where the provider operates a child care program.

As added by P.L.109-2002, SEC.3. Amended by P.L.18-2003, SEC.13; P.L.225-2013, SEC.9.

IC 12-17.2-3.5-5Facility requirements; activities; nutrition; educational materials Sec. 5. (a) A provider shall have:

(1) working smoke detectors that meet the standards adopted by rule for smoke detectors in licensed child care homes; and

(2) hot and cold running water;

in the area of the facility where the provider operates a child care program.

(b) A provider shall do all of the following:

(1) Meet sanitation standards for bathrooms and handwashing, as established by the division.

(2) If the county, city, or town in which the facility where the provider operates a child care program is located:

(A) requires a business permit or license to operate a child care home in the county, city, or town, provide to the division proof that the provider has a valid business permit or license; or

(B) does not require a business permit or license described in clause (A), provide to the division a statement from the county, city, or town that a business permit or license is not required.

(c) Beginning July 1, 2015, a provider shall have, and maintain compliance with, a written policy describing the practice of the provider concerning the following:

(1) Safe conditions in the facility and on the grounds.

(2) Safety of motor vehicles used to transport children.

(d) At the time a provider establishes the written policy required by subsection (c), and at the time of any subsequent change to the written policy, the provider shall:

(1) file with the division;

(2) post in a public location in the facility where the provider operates a child care program; and

(3) provide to the parent or guardian of each child in the care of the provider;

a copy of the written policy or change. The written policy required by subsection (c) is not subject to approval by the division.

(e) Beginning July 1, 2015, a provider shall make available daily activities appropriate to the age, developmental needs, interests, and number of children in the care of the provider, including the following:

(1) Both active and quiet play. The provider may include the use of safe, age-appropriate toys, games, and equipment for indoor and outdoor play.

(2) Daily outdoor play, unless one (1) of the following applies:

(A) Severity of the weather poses a safety or health hazard.

(B) A health related reason for a child to remain indoors is documented by the child's parent, guardian, or physician.

(f) Beginning July 1, 2015, a provider shall make available to each child in the provider's care the following:

(1) Appropriately timed, nutritious meals and snacks in a quantity sufficient to meet the needs of the child.

(2) Drinking water at all times.

(g) The division may make available to a provider educational materials related to quality of child care, as follows:

(1) The materials are available at no cost to the provider.

(2) The materials are appropriate to the ages of children cared for by the provider.

(3) The materials are current.

(4) The materials are available electronically.

(5) Use of the materials by the provider is voluntary.

As added by P.L.247-2001, SEC.3. Amended by P.L.131-2002, SEC.1; P.L.18-2003, SEC.14; P.L.225-2013, SEC.10; P.L.171-2014, SEC.3; P.L.25-2018, SEC.1.

IC 12-17.2-3.5-5.5Supervision of children; ratios and group sizes Sec. 5.5. (a) A provider shall ensure that a child in the provider's care is continually supervised by a caregiver.

(b) After June 30, 2015, a provider that cares for:

(1) not more than sixteen (16) children at a facility where the provider operates a child care program shall maintain:

(A) a ratio of children to caregivers in the same proportions as specified in the child to staff ratio requirements; and

(B) the same group sizes as specified in the group size requirements;

that apply to a child care home under IC 12-17.2-5; and

(2) more than sixteen (16) children at a facility where the provider operates a child care program shall maintain:

(A) a ratio of children to caregivers in the same proportions as specified in the child to staff ratio requirements; and

(B) the same group sizes as specified in the group size requirements;

that apply to a child care center under IC 12-17.2-4.

As added by P.L.18-2003, SEC.15. Amended by P.L.162-2005, SEC.2; P.L.225-2013, SEC.11; P.L.171-2014, SEC.4; P.L.53-2018, SEC.5.

IC 12-17.2-3.5-6RepealedAs added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.16. Repealed by P.L.26-2025, SEC.12.

IC 12-17.2-3.5-7Parent notification plan; discipline policy; parent visits Sec. 7. (a) A provider shall have written plans for notifying parents regarding the following:

(1) Illness, serious injury, or death of the provider.

(2) Care in an emergency.

(3) Emergency evacuation.

The plan required under subdivision (3) must be posted in a conspicuous location in the facility where the provider operates a child care program.

(b) A provider shall:

(1) maintain a written child discipline policy;

(2) ensure that all employees and volunteers follow the child discipline policy;

(3) provide to the parent or legal guardian of each child cared for by the provider a written copy of the child discipline policy; and

(4) maintain in each child's file a copy of the child discipline policy that has been signed by the parent or legal guardian described in subdivision (3).

(c) A provider shall allow unscheduled visits by a parent or legal guardian to a facility where the provider operates a child care program during the hours the child care program is in operation.

As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.17; P.L.225-2013, SEC.12.

IC 12-17.2-3.5-8Caregiver requirements; education; documentation Sec. 8. (a) At least one (1) adult individual who maintains certification in a course of pediatric cardiopulmonary resuscitation applicable to all age groups of children cared for by a provider shall be present at all times when a child is in the care of the provider.

(b) Except as provided in subsection (c), the following apply to an individual who is employed or volunteers as a caregiver at a facility where a provider operates a child care program:

(1) The individual shall maintain current certification in pediatric first aid applicable to all age groups of children cared for by the provider.

(2) If the individual is:

(A) at least eighteen (18) years of age, the individual may act as a caregiver without supervision of another caregiver; or

(B) less than eighteen (18) years of age, the individual may act as a caregiver only if the individual:

(i) is at least fourteen (14) years of age; and

(ii) is, at all times when child care is provided, directly supervised by a caregiver who is at least eighteen (18) years of age.

(3) Before beginning employment or volunteer duties, the individual must receive a formal orientation to the facility and the child care program.

(4) Beginning July 1, 2015, unless the provider is a parent, stepparent, guardian, custodian, or other relative to each child in the care of the provider, the individual annually must receive at least twelve (12) hours of continuing education approved by the division and related to the age appropriate educational development, care, and safety of children. The hours of continuing education required by this subdivision may include the training described in this chapter concerning child abuse detection and prevention, first aid, cardiopulmonary resuscitation, and safe sleeping practices.

(5) Not more than three (3) months after the individual begins employment or volunteer duties, the individual must receive training approved by the division concerning child abuse detection and prevention.

(6) Not more than ninety (90) days after the individual begins employment or volunteer duties, the individual must be trained in pediatric cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care provider.

(c) An individual who is at least fifteen (15) years of age and is a student at a school corporation that operates a child care program may volunteer as a caregiver for the child care program before completing the requirements under subsection (b) if the individual:

(1) is supervised by an adult who is authorized under this article to provide child care services; and

(2) completes the requirements under subsection (b) not later than three (3) months after the individual begins volunteering at the facility.

(d) A provider shall:

(1) maintain at the facility where the provider operates a child care program documentation of all training and completion of continuing education required by this section; and

(2) make the documentation available to the division upon request.

As added by P.L.247-2001, SEC.3. Amended by P.L.47-2002, SEC.1; P.L.18-2003, SEC.18; P.L.225-2013, SEC.13; P.L.171-2014, SEC.5; P.L.92-2024, SEC.8; P.L.140-2025, SEC.2; P.L.26-2025, SEC.13; P.L.186-2025, SEC.282.

IC 12-17.2-3.5-8.5Child abuse or neglect reporting Sec. 8.5. (a) A provider shall provide to all employees and volunteers of the provider the written material prepared and made available by the division under subsection (c).

(b) An employee or a volunteer of a provider who has reason to believe that a child in the provider's care is a victim of child abuse or neglect shall make a report as required under IC 31-33-5.

(1) Prepare written material specifying the following:

(A) The duty to report known or suspected child abuse or neglect under IC 31-33-5.

(B) That knowing failure to make a report required by:

(i) IC 31-33-5-1; or

(ii) IC 31-33-5-2;

is a Class B misdemeanor under IC 31-33-22-1.

(2) Make the written material under subdivision (1) available to providers.

As added by P.L.171-2014, SEC.6. Amended by P.L.183-2017, SEC.2; P.L.168-2025, SEC.1.

IC 12-17.2-3.5-9Communication devices Sec. 9. (a) A provider shall have at least one (1) working telephone in each facility where the provider operates a child care program.

(b) A provider shall, in each facility where the provider operates a child care program, have a communication device (which may be the telephone required by subsection (a)) that is:

(1) approved by the division; and

(2) compatible with an automated time and attendance tracking system approved by the division.

As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.19; P.L.171-2014, SEC.7.

IC 12-17.2-3.5-10Fire safety requirements Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 10. (a) A facility where a provider operates a child care program must have two (2) exits that:

(1) do not require passage through a:

(A) garage; or

(B) storage area;

where hazardous materials are stored;

(2) are not windows;

(3) are on different sides of the facility;

(4) are not blocked; and

(5) are operable from the inside without the use of a key or any special knowledge.

(b) A provider shall:

(1) conduct monthly documented fire drills:

(A) in accordance with the rules of the fire prevention and building safety commission; and

(B) that include complete evacuation of all:

(i) children; and

(ii) adults who provide child care;

in the facility;

(2) maintain documentation of all fire drills conducted during the immediately preceding twelve (12) month period, including:

(A) the date and time of the fire drill;

(B) the name of the individual who conducted the fire drill;

(D) the amount of time required to fully evacuate the facility; and

(3) maintain a two and one-half (2 1/2) pound or greater ABC multiple purpose fire extinguisher:

(A) on each floor of the facility; and

(B) in the kitchen area of the facility;

in each facility where the provider operates a child care program.

As added by P.L.247-2001, SEC.3. Amended by P.L.131-2002, SEC.2; P.L.18-2003, SEC.20.

IC 12-17.2-3.5-10Fire safety requirements Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 10. (a) A facility where a provider operates a child care program must have two (2) exits that:

(1) do not require passage through a:

(A) garage; or

(B) storage area;

where hazardous materials are stored;

(2) are not windows;

(3) are on different sides of the facility;

(4) are not blocked; and

(5) are operable from the inside without the use of a key or any special knowledge.

(b) A provider shall:

(1) conduct monthly documented fire drills:

(A) in accordance with the rules of the department of homeland security; and

(B) that include complete evacuation of all:

(i) children; and

(ii) adults who provide child care;

in the facility;

(2) maintain documentation of all fire drills conducted during the immediately preceding twelve (12) month period, including:

(A) the date and time of the fire drill;

(B) the name of the individual who conducted the fire drill;

(D) the amount of time required to fully evacuate the facility; and

(3) maintain a two and one-half (2 1/2) pound or greater ABC multiple purpose fire extinguisher:

(A) on each floor of the facility; and

(B) in the kitchen area of the facility;

in each facility where the provider operates a child care program.

As added by P.L.247-2001, SEC.3. Amended by P.L.131-2002, SEC.2; P.L.18-2003, SEC.20; P.L.152-2026, SEC.199.

IC 12-17.2-3.5-11Safety Sec. 11. (a) A provider shall provide for a safe environment by ensuring that no conditions exist in or on the grounds of the facility where the provider operates a child care program that would endanger the health, safety, or welfare of the children, including ensuring that the following items are placed in areas that are inaccessible to the children in the provider's care:

(1) Firearms, ammunition, and other weapons.

(2) Poisons, chemicals, bleach, and cleaning materials.

(3) Medications.

(b) A provider shall do the following with respect to transporting children away from the facility where the provider operates a child care program:

(1) Obtain written permission from the child's parent or legal guardian to transport the child.

(2) Ensure that the child is transported only by an employee or a volunteer who:

(A) is at least eighteen (18) years of age;

(B) holds a valid driver's license; and

As added by P.L.247-2001, SEC.3. Amended by P.L.225-2013, SEC.14; P.L.25-2018, SEC.2.

IC 12-17.2-3.5-11.1Immunizations Sec. 11.1. (a) After December 31, 2002, a provider shall maintain and annually update documentation provided by the physician of each child who is cared for in a facility where the provider operates a child care program that the child has received complete age appropriate immunizations, including:

(1) conjugated pneumococcal vaccine; and

(2) varicella vaccine or a demonstrated immunity to varicella.

The Indiana department of health shall determine for each age level the immunizations that constitute complete age appropriate immunizations.

(b) A provider meets the requirement of subsection (a) if:

(1) a child's parent:

(A) objects to immunizations for religious reasons; and

(B) provides documentation of the parent's objection;

(2) the child's physician provides documentation of a medical reason the child should not be immunized; or

(3) the child's physician provides documentation that the child is currently in the process of receiving complete age appropriate immunizations;

and the provider maintains and annually updates the documentation provided by the parent or physician under this subsection.

As added by P.L.121-2002, SEC.1 and P.L.131-2002, SEC.3. Amended by P.L.18-2003, SEC.21; P.L.56-2023, SEC.119.

IC 12-17.2-3.5-12National criminal history background check; temporary eligibility; exceptions; fees or costs; meet certain requirements by July 1, 2014 Sec. 12. (a) Except as provided in subsection (f) and subject to subsection (g), a provider shall, at no expense to the state, do the following:

(1) If the provider is an individual, submit the provider's fingerprints for a national criminal history background check by the Federal Bureau of Investigation.

(2) If the provider operates a child care program in the provider's home, require:

(A) the provider's spouse; and

(B) any individual who resides with the provider and who is:

(i) at least eighteen (18) years of age; or

(ii) less than eighteen (18) years of age but has previously been waived from juvenile court to adult court;

to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation.

(3) Require any individual who:

(A) is employed or volunteers; and

(B) may be present on the premises of the facility where the provider operates a child care program during operating hours of the child care program;

to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation.

A provider shall require an individual described in subdivision (3) to submit fingerprints for a national criminal history background check before the individual is employed or allowed to volunteer and every three (3) years thereafter that the individual is continuously employed or allowed to volunteer.

(b) In addition to the requirement under subsection (a), a provider shall report to the division any:

(1) police investigations;

(2) arrests; and

(3) criminal convictions;

of which the provider is aware regarding any of the persons listed in subsection (a).

(c) A provider that meets the other eligibility requirements of this chapter is temporarily eligible to receive voucher payments until the division receives the national criminal history background check required under subsection (a) from the state police department if:

(1) the provider:

(A) has:

(i) submitted; or

(ii) required an individual described in subsection (a)(2) or (a)(3) to submit;

fingerprints for a national criminal history background check as required under subsection (a); and

(B) obtains a local criminal history for the individuals described in subsection (a) from each individual's local law enforcement agency before the individual is employed or allowed to volunteer; and

(2) the local criminal history does not reveal that an individual has been convicted of a:

(A) felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) misdemeanor related to the health or safety of a child;

(d) A provider is ineligible to receive a voucher payment if an individual for whom a national criminal history background check is required under this section has been convicted of a:

(1) felony:

(A) related to the health or safety of a child;

(B) that is a sex offense (as defined in IC 11-8-8-5.2);

(D) that is not a felony otherwise described in clauses (A) through (C), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest;

(2) misdemeanor related to the health or safety of a child;

(3) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or of a substantially similar offense committed in another jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or

(4) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or of a substantially similar offense committed in another jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child;

until the individual is dismissed from employment or volunteer service at the facility where the provider operates a child care program or no longer resides with the provider.

(e) A provider shall maintain a written policy requiring an individual for whom a national criminal history background check is required under this section to report any criminal convictions of the individual to the provider.

(f) Notwithstanding IC 10-13-3-28, the state police department may not charge a church or religious society any fees or costs (other than fees or costs charged by the Federal Bureau of Investigation or a private entity) for responding to a request for a release of a national criminal history background check record of a prospective or current employee or a prospective or current volunteer of a child care ministry registered under IC 12-17.2-6 if the conditions set forth in IC 10-13-3-36(f) are met.

(g) A provider that holds a license or registration under this article on July 1, 2013, shall, at no expense to the state, meet the requirements under subsection (a) not later than July 1, 2014.

As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002, SEC.4; P.L.18-2003, SEC.22; P.L.6-2004, SEC.1; P.L.142-2006, SEC.2; P.L.287-2013, SEC.7; P.L.121-2020, SEC.3.

IC 12-17.2-3.5-12.1Drug testing Sec. 12.1. (a) A provider shall, at no expense to the state, maintain and make available to the division upon request a copy of drug testing results for:

(1) the provider, if the provider is an individual;

(2) if the provider operates a child care program in the provider's home, any individual who resides with the provider and who is at least eighteen (18) years of age; and

(3) an individual who:

(A) is employed; or

(B) volunteers;

as a caregiver at the facility where the provider operates a child care program.

The drug testing results for an individual described in subdivision (3) must be obtained before the individual is employed or allowed to volunteer as a caregiver.

(b) A provider that is not a child care ministry or a child care center shall maintain a written policy specifying the following:

(1) That the:

(A) use of:

(i) tobacco;

(ii) alcohol; or

(iii) a potentially toxic substance in a manner other than the substance's intended purpose; and

(B) use or possession of an illegal substance;

is prohibited in the facility where the provider operates a child care program when child care is being provided.

(2) That drug testing of individuals who serve as caregivers will be:

(A) performed based on a protocol established or approved by the division; and

(B) required if an individual is suspected of noncompliance with the requirements specified under subdivision (1).

(c) A provider that is a child care ministry or a child care center shall maintain a written policy specifying the following:

(1) That the:

(A) use of:

(i) tobacco; or

(ii) a potentially toxic substance in a manner other than the substance's intended purpose; and

(B) use or possession of alcohol or an illegal substance;

is prohibited in the facility where the provider operates a child care program when child care is being provided.

(2) That drug testing of individuals who serve as caregivers will be:

(A) performed based on a protocol established or approved by the division; and

(B) required if an individual is suspected of noncompliance with the requirements specified under subdivision (1).

(d) If:

(1) the drug testing results obtained under subsection (a), (b), or (c) indicate the presence of a prohibited substance described in subsection (b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii), or (c)(1)(B); or

(2) an individual refuses to submit to a drug test;

the provider is ineligible to receive a voucher payment until the individual is suspended or terminated from employment or volunteer service at the facility or no longer resides with the provider.

(e) A provider that suspends an individual described in subsection (d) shall maintain a written policy providing for reinstatement of the individual following rehabilitation and drug testing results that are negative for a prohibited substance described in subsection (b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii), or (c)(1)(B).

(f) Drug testing results obtained under this section are confidential and may not be disclosed for any purpose other than the purpose described in this section.

As added by P.L.109-2002, SEC.5. Amended by P.L.18-2003, SEC.23; P.L.6-2004, SEC.2; P.L.16-2006, SEC.3.

IC 12-17.2-3.5-12.5Safe sleeping practices; violations; penalties Sec. 12.5. (a) A provider that cares for children who are less than twelve (12) months of age shall:

(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and

(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.

(b) If a provider violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the facility where the provider operates a child care program:

(1) On the first inspection during which a violation is determined during a licensure period, issue a formal warning letter stating the division's intent to take administrative action and impose a civil penalty for any future violation.

(2) On the second inspection during which a violation is determined during a licensure period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection.

(3) On the third inspection during which a violation is determined during a licensure period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection.

(4) On the fourth inspection during which a violation is determined during a licensure period:

(A) decertify the provider for not more than six (6) months; and

(B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection.

(5) On the fifth inspection during which a violation is determined during a licensure period:

(A) decertify the provider for one (1) year; and

(B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection.

(1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and

(2) that failure to pay any monetary civil penalty may result in decertification of the provider for not more than two (2) years.

(d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.

(e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director.

As added by P.L.53-2018, SEC.6.

IC 12-17.2-3.5-13Local step ahead councils Sec. 13. A local step ahead council may not require a child care ministry to meet any minimum standards in addition to the standards described in this chapter unless the additional standards are approved by the:

(1) general assembly; or

(2) division.

As added by P.L.247-2001, SEC.3.

IC 12-17.2-3.5-14Administrative review Sec. 14. (a) Notice of a determination made under this chapter must be provided under IC 4-21.5-3-6.

(b) A person affected by a determination made under this chapter may seek administrative review under IC 4-21.5-3-7.

As added by P.L.109-2002, SEC.6.

IC 12-17.2-3.5-14.5Develop provider rate reimbursement schedule; incentive to meet standards of quality Sec. 14.5. Not later than July 1, 2017, the division shall develop a provider rate reimbursement schedule that uses money appropriated by the general assembly as an incentive for providers that are eligible to receive voucher payments under this chapter to meet the standards of quality recognized by a Level 3 or Level 4 Paths to QUALITY program rating.

As added by P.L.184-2017, SEC.11.

IC 12-17.2-3.5-15Rulemaking Sec. 15. The division shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.18-2003, SEC.24.

IC 12-17.2-3.5-16Decertification and revocation of eligibility Sec. 16. (a) The division may, according to rules adopted under IC 4-22-2, decertify a provider for any of the following reasons:

(1) The provider fails to comply with this chapter.

(2) The provider refuses to allow, during normal business hours, the division or an agent of the division to inspect the facility where the provider operates a child care program.

(b) A provider is ineligible, and the division may revoke for a period of not less than two (2) years from the date on which a final determination is made under IC 4-21.5 a provider's eligibility, to receive a voucher payment under this chapter for any of the following reasons:

(1) The provider is determined by the division to have made false statements in the provider's:

(A) application for eligibility to receive a voucher payment; or

(B) records required by the division;

under this chapter.

(2) Credible allegations of fraud have been made against the provider, as determined by the division.

(3) Criminal charges of welfare fraud have been filed against the provider.

(4) Allegations of welfare fraud committed by the provider have been substantiated by the division.

As added by P.L.225-2013, SEC.15. Amended by P.L.171-2014, SEC.8.

IC 12-17.2-3.5-17Imminent threats to children Sec. 17. (a) A provider is ineligible to receive a voucher payment under this chapter if any of the following conditions exist, posing an imminent threat to the life or well-being of a child in the care of the provider at a facility where the provider operates a child care program:

(1) Building damage due to:

(A) earthquake;

(B) flooding or water damage;

(D) severe wind;

(E) ice storm;

(F) fire;

(G) lead contamination; or

(H) asbestos.

(2) Sewage problems as follows:

(A) Sewage backup.

(B) Toilets cannot be flushed or are overflowing.

(3) Inadequate or unsafe water supply as follows:

(A) Contaminated water supply.

(B) Water supply not functioning.

(4) No electricity in the building.

(5) Heating system problems.

(6) Gas, carbon monoxide, or other noxious gases leak.

(7) Filthy conditions.

(8) Rodent, roach, or vermin infestation.

(9) Building renovation occurring in a room or area occupied by children.

(10) Building condition that is structurally unsafe.

(11) Lack of supervision that results in the death or serious injury of a child.

(12) The presence at the facility where the provider operates a child care program of an individual who is, based on the results of a criminal history background check required by this chapter, prohibited under this chapter from being present at the facility.

(13) The presence of firearms, ammunition, or other weapons in a place that is accessible to children.

(b) If an employee or agent of the division determines that a condition described in subsection (a) exists at a facility where a provider that is currently eligible to receive a voucher payment under this chapter operates a child care program, the division shall:

(1) issue an emergency or another temporary order under IC 4-21.5-4 decertifying the provider; and

(2) contact the parent or guardian of each child in the care of the provider to inform the parent or guardian:

(A) that the division has issued an order decertifying the provider; and

(B) of the reason for the decertification;

pending the outcome of proceedings conducted under section 14 of this chapter. However, a provider's eligibility may be reinstated in accordance with subsection (e).

(c) An emergency or other temporary order issued by an employee or agent of the division must be approved by the director.

(d) An approval under subsection (c) may be communicated orally to the employee or agent issuing the order. However, the division shall maintain a written record of the approval.

(e) If, within the fifteen (15) day period beginning on the date on which an order is issued under subsection (b), the provider:

(1) submits to the division a remediation plan that is approved for implementation by the division; and

(2) completes the remediation plan to the satisfaction of the division;

the order issued under this section is void and the provider's eligibility to receive a voucher payment is reinstated.

As added by P.L.225-2013, SEC.16. Amended by P.L.25-2018, SEC.3.

IC 12-17.2-3.5-18Child abuse and neglect Sec. 18. (a) Upon receiving notice of a claim of abuse or neglect in a facility where a provider operates a child care program, the department of child services shall:

(1) forward a copy of the notice to the division; and

(2) conduct an investigation of the claim.

(b) After an investigation under subsection (a), the department of child services shall make a determination of whether abuse or neglect occurred at the facility.

(c) If the department of child services makes a determination under IC 31-33-8-12 that abuse or neglect at the facility is substantiated, the department shall send a copy of the department's report to the appropriate office of the division.

As added by P.L.225-2013, SEC.17.

IC 12-17.2-3.5-19Notifications of injury or death of child Sec. 19. (a) A provider shall immediately notify the parent or legal guardian of a child in the care of the provider concerning any of the following that occur during the hours that the child is in the care of the provider:

(1) A:

(A) bodily injury (as defined in IC 35-31.5-2-29); or

(B) serious bodily injury (as defined in IC 35-31.5-2-292);

of the child that requires the attention of a physician, dentist, registered nurse, licensed practical nurse, paramedic, or emergency medical technician.

(2) The death of the child.

(b) A provider shall:

(1) not more than twenty-four (24) hours after the occurrence of an incident described in subsection (a)(1); and

(2) immediately after the occurrence of an incident described in subsection (a)(2);

notify the division of the occurrence of the incident.

(1) is obtained under subsection (b);

(2) concerns a bodily injury or serious bodily injury described in subsection (a)(1); and

(3) could be used to identify an individual child;

is confidential.

As added by P.L.171-2014, SEC.9.

IC 12-17.2-3.6Chapter 3.6. RepealedRepealed by P.L.184-2017, SEC.12.

IC 12-17.2-3.7Chapter 3.7. RepealedRepealed by P.L.2-2014, SEC.71; P.L.2-2014, SEC.72.

IC 12-17.2-3.8Chapter 3.8. Early Learning Advisory Committee

12-17.2-3.8-1Repealed 12-17.2-3.8-2Repealed 12-17.2-3.8-3Repealed 12-17.2-3.8-4Repealed 12-17.2-3.8-5Early learning advisory committee established; duties; members; per diem and reimbursement 12-17.2-3.8-5.1Expired 12-17.2-3.8-6Repealed 12-17.2-3.8-7Repealed 12-17.2-3.8-8Reporting requirement

IC 12-17.2-3.8-1RepealedAs added by P.L.2-2014, SEC.73. Repealed by P.L.130-2018, SEC.51.

IC 12-17.2-3.8-2RepealedAs added by P.L.2-2014, SEC.73. Repealed by P.L.130-2018, SEC.52.

IC 12-17.2-3.8-3RepealedAs added by P.L.2-2014, SEC.73. Repealed by P.L.130-2018, SEC.53.

IC 12-17.2-3.8-4RepealedAs added by P.L.2-2014, SEC.73. Repealed by P.L.130-2018, SEC.54.

IC 12-17.2-3.8-5Early learning advisory committee established; duties; members; per diem and reimbursement Sec. 5. (a) The early learning advisory committee is established to do the following:

(1) Establish child developmental and educational goals for Indiana's early learning system, including the development of standards and objectives for early education programs that receive state or federal funds.

(2) Design and maintain an approach to measuring progress toward the goals established under subdivision (1) that include objective measures of academic quality.

(3) Assess the attainment of the goals established under subdivision (1) and evaluate the efficacy of state and federal spending on Indiana's early learning system.

(4) Assess whether the requirements for early education program licensure:

(A) create an equitable standard for health and safety across all early education program types;

(B) reinforce the goals established under subdivision (1); and

(5) Conduct periodic statewide needs assessments concerning the quality and availability of early education programs for children from birth to the age of school entry, including the availability of high quality prekindergarten education for low income children in Indiana.

(6) Identify opportunities for, and barriers to, collaboration and coordination among federally and state funded child development, child care, and early childhood education programs and services, including governmental agencies that administer the programs and services.

(7) Design early education workforce strategies, including recommendations on how to advance professional development.

(8) Assess the capacity and effectiveness of pathways to support training and recruitment of early educators.

(9) Not later than November 30 of each year, develop and make recommendations to the governor and, in an electronic format under IC 5-14-6, to the legislative council concerning the results of the committee's work under subdivisions (1) through (8).

(10) Not later than May 1, 2024, commission a third party evaluation to assess existing regulations for child care providers and provide a report containing recommendations to:

(A) maintain health and safety standards;

(B) streamline administrative burdens, program standards, and reporting requirements for child care providers;

(C) provide flexibility for a child care provider with a Level 3 or Level 4 paths to QUALITY program rating to expand to other locations; and

(D) assist accredited kindergarten through grade 12 institutions in establishing and providing high quality onsite child care and early learning programs.

Not later than July 1, 2024, the office of the secretary shall initiate the process of amending the rules adopted by the office under IC 12-17.2-7.2 in consideration of the recommendations of the third party evaluation. This subdivision expires January 1, 2025.

(11) Not later than December 31, 2023, develop recommendations for implementing a revised paths to QUALITY program that:

(A) maintains health and safety standards;

(B) integrates objective measures of kindergarten readiness;

(D) incentivizes child care providers to increase wages for child care workers who complete education and training that result in a postsecondary degree or industry recognized credential.

This subdivision expires July 1, 2024.

(12) Not later than September 30, 2024, do the following:

(A) Complete a study regarding compensation in Indiana for:

(i) early childhood educators; and

(ii) caregivers at out-of-school-time programs;

by collecting compensation data throughout Indiana.

(B) Create an online dashboard to allow access to compensation data.

(i) early childhood educators; and

(ii) caregivers at out-of-school-time programs.

(b) The committee consists of the following fifteen (15) members:

(1) The secretary of education or the secretary's designee.

(2) The secretary of family and social services or the secretary's designee.

(3) Nine (9) members appointed by the governor as follows:

(A) A representative of an organization with an interest in training the early childhood education workforce.

(B) A representative of a Head Start program under 42 U.S.C. 9831 et seq.

(D) A representative of an early childhood education provider.

(E) A representative from a school corporation who has an interest in strengthening the transition from early childhood education to elementary education.

(F) A representative of business with an interest in early childhood education.

(G) A representative of the nonprofit or philanthropic community with an interest in early childhood education.

(H) A representative of an out-of-school-time program.

(I) A representative of an organization with an interest in training individuals in the out-of-school time field and strengthening the out-of-school time field in Indiana statewide.

(4) One (1) member who:

(A) is appointed by the speaker of the house of representatives;

(B) is not a member of the general assembly; and

(5) One (1) member who:

(A) is appointed by the president pro tempore of the senate;

(B) is not a member of the general assembly; and

(6) One (1) member who:

(A) is appointed by the minority leader of the house of representatives;

(B) is not a member of the general assembly; and

(7) One (1) member who:

(A) is appointed by the minority leader of the senate;

(B) is not a member of the general assembly; and

(c) Subject to section 5.1 of this chapter, members appointed under subsection (b)(3) through (b)(7) serve for three (3) year terms. The members of the committee serve at the pleasure of the appointing authority.

(d) The governor shall appoint a member of the committee to serve as chairperson of the committee. The committee shall meet at least six (6) times each calendar year at the call of the chairperson.

(e) The division shall, in consultation with the department of education, staff the committee.

(f) The expenses of the committee shall be paid from the funds of the division.

(g) Each member of the committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(h) Each member of the committee who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(i) Each member of the committee who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this section shall be paid from appropriations made to the legislative council or the legislative services agency.

(j) The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure, including final reports.

As added by P.L.2-2014, SEC.73. Amended by P.L.139-2022, SEC.3; P.L.246-2023, SEC.4; P.L.92-2024, SEC.9; P.L.140-2025, SEC.3.

IC 12-17.2-3.8-5.1ExpiredAs added by P.L.139-2022, SEC.4. Expired 1-1-2026 by P.L.139-2022, SEC.4.

IC 12-17.2-3.8-6RepealedAs added by P.L.2-2014, SEC.73. Repealed by P.L.130-2018, SEC.55.

IC 12-17.2-3.8-7RepealedAs added by P.L.2-2014, SEC.73. Repealed by P.L.130-2018, SEC.56.

IC 12-17.2-3.8-8Reporting requirement Sec. 8. On or before July 1, 2027, and July 1 biennially thereafter, the committee shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:

(1) official action taken; and

(2) actionable items considered;

by the committee during the preceding two (2) years.

As added by P.L.161-2025, SEC.21.

IC 12-17.2-4Chapter 4. Regulation of Child Care Centers

12-17.2-4-1Operation of center without proper licensure; prohibition 12-17.2-4-2Conditions for licensing; waivers and variances 12-17.2-4-3Applying for a license; national criminal history background check 12-17.2-4-3.1Maintenance of electronic mail address 12-17.2-4-3.3Meet certain requirements by July 1, 2014 12-17.2-4-3.5Drug testing 12-17.2-4-4Repealed 12-17.2-4-4.1Safe sleeping practices; violations; penalties 12-17.2-4-5Grounds for denial of license applications 12-17.2-4-6Incomplete applications 12-17.2-4-7Investigations of applicants 12-17.2-4-8Issuance of licenses 12-17.2-4-9Eligibility for variances 12-17.2-4-10Denial of licenses 12-17.2-4-11Investigation of unlicensed premises 12-17.2-4-12Expiration, transferability, display, and renewal of licenses; other information 12-17.2-4-13Provisional licenses 12-17.2-4-14Probationary licenses 12-17.2-4-14.5Comparator staff to child ratio and comparator group sizes; annual reevaluation of ratios and group sizes; publication; student volunteer caregivers; exceptions 12-17.2-4-15Inspections 12-17.2-4-15.5Licensure of Montessori programs 12-17.2-4-16Cooperation by licensees 12-17.2-4-17Unscheduled visits by parents and guardians 12-17.2-4-17.5Supervision of children 12-17.2-4-18Records 12-17.2-4-18.1Immunizations 12-17.2-4-18.5Duties of child care centers regarding missing child reports 12-17.2-4-18.7Violations posing immediate threat to life or well-being of child; orders 12-17.2-4-19Notice of enforcement actions; informal meetings 12-17.2-4-20Administrative hearings 12-17.2-4-21Procedure for administrative hearings 12-17.2-4-22Issuance of decisions 12-17.2-4-23Cessation of operations upon suspension of license 12-17.2-4-24Reinstatement of suspended licenses 12-17.2-4-25Actions of division following suspensions of licenses 12-17.2-4-26Cessation of operations upon revocation of license 12-17.2-4-27Notice of license revocation or suspension 12-17.2-4-28Judicial review 12-17.2-4-29Investigation of unlicensed facilities; injunctions; civil penalties; removal of children 12-17.2-4-30Expiration of injunctions for operation without a license 12-17.2-4-31Expiration of injunctions for creation of imminent danger 12-17.2-4-32Grounds for revocation of licenses 12-17.2-4-33Disciplinary sanctions 12-17.2-4-34Civil penalty for violation of article 12-17.2-4-35Violations of chapter 12-17.2-4-36Investigation of abuse or neglect; child care center

IC 12-17.2-4-1Operation of center without proper licensure; prohibition Sec. 1. (a) A person may not operate a child care center without a license issued under this article.

(b) The state or a political subdivision of the state may not operate a child care center without a license issued under this article.

(1) the number of children maintained on the premises at any one (1) time is greater than the number authorized by the license; and

(2) the children are maintained in a building or place not designated by the license.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.9.

IC 12-17.2-4-2Conditions for licensing; waivers and variances Sec. 2. (a) A license may be issued only if a child care center is in compliance with food, health, safety, and sanitation standards as determined by the division under rules adopted by the division under IC 12-17.2-2-4 or in accordance with a variance or waiver approved by the division under IC 12-17.2-2-10.

(b) Prior to the division issuing an initial license to an applicant, the child care center must be inspected and found to be in substantial compliance with applicable building and fire safety laws by the department of homeland security.

(1) the division shall notify the department of homeland security of the application; and

(2) the department of homeland security shall inspect the child care center.

(d) At least one (1) adult individual who maintains current certification in a course of pediatric cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care center shall be present at all times when a child is in the care of a child care center. Certifications accepted under this subsection must include a live return demonstration of skills.

(e) An individual who is employed or volunteers as a caregiver at a child care center:

(1) must, not more than ninety (90) days after the individual begins employment or volunteer duties, be trained in pediatric cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care center; and

(2) shall maintain current certification in pediatric first aid applicable to all age groups of children cared for by the child care center.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.10; P.L.247-2001, SEC.6; P.L.47-2002, SEC.2; P.L.18-2003, SEC.25; P.L.145-2006, SEC.96; P.L.128-2012, SEC.17; P.L.246-2023, SEC.5; P.L.26-2025, SEC.14; P.L.28-2026, SEC.20.

IC 12-17.2-4-3Applying for a license; national criminal history background check Sec. 3. (a) An applicant must apply for a child care center license on forms provided by the division.

(b) An applicant must submit the required information as part of the application, including the following:

(1) If the county, city, or town in which the child care center is located requires a business permit or license to operate a child care center in the county, city, or town, proof that the applicant has a valid business permit or license.

(2) If the county, city, or town in which the child care center is located does not require a business permit or license described in subdivision (1), a statement from the county, city, or town that a business permit or license is not required.

(3) A current and valid electronic mail address for the applicant.

(1) has not been convicted of:

(A) a felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) a misdemeanor relating to the health or safety of children;

(C) a misdemeanor for operating a child care center without a license under section 35 of this chapter, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or

(D) a misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; and

(2) has not been charged with:

(A) a felony;

(B) a misdemeanor relating to the health or safety of children;

(C) a misdemeanor for operating a child care center without a license under section 35 of this chapter, or with a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or

(D) a misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or with a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child;

during the pendency of the application.

(d) An applicant shall, at no expense to the state, submit:

(1) the necessary information, forms, or consents; and

(2) the applicant's fingerprints;

for a national criminal history background check by the Federal Bureau of Investigation.

(e) Subject to section 3.3 of this chapter, the applicant must, at no expense to the state, do the following:

(1) Require an employee or volunteer of the applicant who may be present on the premises of the child care center during operating hours of the child care center to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation.

(2) Report to the division any:

(A) police investigations;

(B) arrests; and

of which the applicant is aware regarding the applicant or an employee or volunteer described in subdivision (1).

An applicant shall require an individual described in subdivision (1) to apply for a national criminal history background check before the individual is employed or allowed to volunteer and every three (3) years thereafter that the individual is continuously employed or allowed to volunteer.

As added by P.L.1-1993, SEC.141. Amended by P.L.61-1993, SEC.10; P.L.136-1993, SEC.11; P.L.2-1995, SEC.53; P.L.109-2002, SEC.7; P.L.241-2003, SEC.6; P.L.145-2006, SEC.97; P.L.287-2013, SEC.8; P.L.25-2018, SEC.4; P.L.121-2020, SEC.4; P.L.183-2021, SEC.1.

IC 12-17.2-4-3.1Maintenance of electronic mail address Sec. 3.1. A person that holds a license under this chapter shall, for the duration of the person's licensure under this chapter, maintain the electronic mail address provided by the person in the person's application for the license.

As added by P.L.183-2021, SEC.2.

IC 12-17.2-4-3.3Meet certain requirements by July 1, 2014 Sec. 3.3. A person that holds a license under this chapter on July 1, 2013, shall, at no expense to the state, meet the requirements under section 3(e) of this chapter not later than July 1, 2014.

As added by P.L.287-2013, SEC.9.

IC 12-17.2-4-3.5Drug testing Sec. 3.5. (a) A child care center shall, at no expense to the state, maintain and make available to the division upon request a copy of drug testing results for an individual who:

(1) is employed; or

(2) volunteers;

as a caregiver at the child care center. The drug testing results required under this subsection must be obtained before the individual is employed or allowed to volunteer as a caregiver.

(b) A child care center shall maintain a written policy specifying the following:

(1) That the:

(A) use of:

(i) tobacco; or

(ii) a potentially toxic substance in a manner other than the substance's intended purpose; and

(B) use or possession of alcohol or an illegal substance;

is prohibited in the child care center when child care is being provided.

(2) That drug testing of individuals who serve as caregivers at the child care center will be:

(A) performed based on a protocol established or approved by the division; and

(B) required if an individual is suspected of noncompliance with the requirements specified under subdivision (1).

(1) the drug testing results obtained under subsection (a) or (b) indicate the presence of a prohibited substance described in subsection (b)(1)(A)(ii) or (b)(1)(B); or

(2) an individual refuses to submit to a drug test;

the child care center shall immediately suspend or terminate the individual's employment or volunteer service.

(d) A child care center that suspends an individual described in subsection (c) shall maintain a written policy providing for reinstatement of the individual following rehabilitation and drug testing results that are negative for a prohibited substance described in subsection (b)(1)(A)(ii) or (b)(1)(B).

(e) Drug testing results obtained under this section are confidential and may not be disclosed for any purpose other than the purpose described in this section.

(f) A child care center that does not comply with this section is subject to:

(1) denial of an application for a license; or

(2) suspension or revocation of a license issued;

under this chapter.

As added by P.L.18-2003, SEC.26. Amended by P.L.6-2004, SEC.3; P.L.16-2006, SEC.4.

IC 12-17.2-4-4RepealedAs added by P.L.1-1993, SEC.141. Repealed by P.L.61-1993, SEC.67 and P.L.136-1993, SEC.24.

IC 12-17.2-4-4.1Safe sleeping practices; violations; penalties Sec. 4.1. (a) A licensee that cares for children who are less than twelve (12) months of age shall:

(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and

(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.

(b) If a licensee violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the child care center:

(2) On the second inspection during which a violation is determined during a licensure period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection.

(3) On the third inspection during which a violation is determined during a licensure period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection.

(4) On the fourth inspection during which a violation is determined during a licensure period:

(A) place the child care center's license on probation for not more than six (6) months; and

(B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection.

(5) On the fifth inspection during which a violation is determined during a licensure period:

(A) suspend or revoke the child care center's license for one (1) year; and

(B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection.

(1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and

(2) that failure to pay any monetary civil penalty may result in revocation of the child care center's license for not more than two (2) years.

(d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.

(e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director.

As added by P.L.53-2018, SEC.7.

IC 12-17.2-4-5Grounds for denial of license applications Sec. 5. (a) The following constitute sufficient grounds for a denial of a license application:

(1) A determination by the department of child services established by IC 31-25-1-1 of child abuse or neglect (as defined in IC 31-9-2.1-33) by:

(A) the applicant;

(B) an employee of the applicant who may be present on the premises of the child care center during operating hours of the child care center; or

(C) a volunteer of the applicant who may be present on the premises of the child care center during operating hours of the child care center.

(2) A criminal conviction of the applicant, or an employee or volunteer of the applicant who may be present on the premises of the child care center during operating hours of the child care center, of any of the following:

(A) A felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) A misdemeanor related to the health or safety of a child.

(C) A misdemeanor for operating a child care center without a license under section 35 of this chapter, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.

(D) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.

(3) A determination by the division that the applicant made false statements in the applicant's application for licensure.

(4) A determination by the division that the applicant made false statements in the records required by the division.

(5) A determination by the division that the applicant previously operated a:

(A) child care center without a license under this chapter; or

(B) child care home without a license under IC 12-17.2-5.

(b) Notwithstanding subsection (a)(2), if:

(1) a license application is denied due to a criminal conviction of an employee or a volunteer of the applicant; and

(2) the division determines that the employee or volunteer has been dismissed by the applicant;

the criminal conviction of the former employee or former volunteer does not require denial of a license application.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.12; P.L.1-1997, SEC.66; P.L.109-2002, SEC.8; P.L.146-2006, SEC.4; P.L.287-2013, SEC.10; P.L.121-2020, SEC.5; P.L.145-2026, SEC.77.

IC 12-17.2-4-6Incomplete applications Sec. 6. The division may not act on an incomplete application. The division shall return an incomplete application with a notation as to omissions. The return of an incomplete application shall be without prejudice.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-7Investigations of applicants Sec. 7. The division shall investigate a person seeking licensure to determine whether the person is in compliance with this article and the rules adopted under this article. The investigation shall be conducted at a reasonable time and in a reasonable manner, in announced or unannounced visits. Activities may include onsite inspections, record reading, observation, and interviewing. The division may require that evidence of compliance with the rules be presented in a form and manner specified in the rules.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-8Issuance of licenses Sec. 8. The division shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance under this article.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-9Eligibility for variances Sec. 9. A child care center may be eligible to receive a variance from the requirements of this chapter by complying with IC 12-17.2-2-10.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-10Denial of licenses Sec. 10. (a) The division shall deny a license if an applicant fails to meet the requirements for a license.

(b) The division shall provide the applicant with written notice, sent by electronic mail to the electronic mail address provided by the applicant in the application, that the application has been denied. The division shall include in the notice the reasons for the denial and a request that the applicant confirm receipt of the notice by electronic mail sent to an electronic mail address specified in the notice. If the applicant does not confirm receipt of the notice by electronic mail not later than three (3) working days after the division sends the notice, the division shall provide the notice to the applicant by certified mail or personal service.

(c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made within thirty (30) calendar days after:

(1) the applicant confirms receipt of the notice sent by electronic mail under subsection (b); or

(2) the division:

(A) mails the notice to the applicant; or

(B) provides the notice to the applicant by personal service;

under subsection (b).

(d) The administrative hearing shall be scheduled within sixty (60) calendar days after receiving the written request.

(e) The administrative hearing shall be held in accordance with IC 4-21.5-3.

(f) The division shall issue a decision within sixty (60) calendar days after the conclusion of the hearing.

As added by P.L.1-1993, SEC.141. Amended by P.L.183-2021, SEC.3.

IC 12-17.2-4-11Investigation of unlicensed premises Sec. 11. The division shall investigate any premises that the division has reason to believe are being used for child care without a license in circumstances where a license is required.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-12Expiration, transferability, display, and renewal of licenses; other information Sec. 12. (a) A license for a child care center expires three (3) years after the date of issuance, unless revoked, modified to a probationary or suspended status, or voluntarily returned.

(b) A license issued under this chapter:

(1) is not transferable;

(2) applies only to the licensee and the location stated in the application; and

(3) remains the property of the division.

(d) When a licensee submits a timely application for renewal, the current license shall remain in effect until the division issues a license or denies the application.

(e) A licensee shall publicly display and make available, as a handout, written documentation of:

(1) any changes in the status of the licensee's license;

(2) a telephone number and a website where information may be obtained from the division concerning:

(A) the current status of the licensee's license;

(B) any complaints filed with the division concerning the licensee; and

(3) a telephone number of the office of the Indiana child care resource and referral program of the county in which the child care center is located.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.7; P.L.134-2024, SEC.6; P.L.23-2026, SEC.88.

IC 12-17.2-4-13Provisional licenses Sec. 13. (a) The division may grant a provisional license to an applicant who is not able to demonstrate compliance with a rule because the child care center is not in full operation.

(b) A provisional license shall be granted for a limited period not to exceed one (1) year and is subject to review every three (3) months.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.13.

IC 12-17.2-4-14Probationary licenses Sec. 14. (a) The division may grant a probationary license to a licensee who is temporarily unable to comply with a rule if:

(1) the noncompliance does not present an immediate threat to the health and well-being of the children;

(2) the licensee files a plan with the division to correct the areas of noncompliance within the probationary period; and

(3) the division approves the plan.

(b) A probationary license is valid for not more than six (6) months. The division may extend a probationary license for one (1) additional period of six (6) months.

(d) At the expiration of the probationary license, the division shall reinstate the original license to the end of the original term of the license, issue a new license, or revoke the license.

(e) Upon receipt of a probationary license, the licensee shall return to the division the previously issued license.

(f) The division shall:

(1) upon issuing a probationary license under this section, provide written notice to the licensee that the division will provide the notice required under subdivision (2); and

(2) not more than seven (7) days after issuing a probationary license under this section, publish notice under IC 5-3-1 and provide written notice to the parent or guardian of each child enrolled in the child care center of the:

(A) issuance of the probationary license; and

(B) reason for the issuance of the probationary license.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.8; P.L.28-2026, SEC.21.

IC 12-17.2-4-14.5Comparator staff to child ratio and comparator group sizes; annual reevaluation of ratios and group sizes; publication; student volunteer caregivers; exceptions Sec. 14.5. (a) As used in this section, "bordering state" means any of the following:

(1) Illinois.

(2) Kentucky.

(3) Michigan.

(4) Ohio.

(b) As used in this section, "child care facility" means:

(1) a child care center in Indiana; or

(2) a facility comparable to a child care center in a bordering state.

(c) As used in this section, a "comparator group size" for an age range set forth in subsection (g) is the largest group size that is allowed for that age range under the law governing licensure of child care facilities in a bordering state.

(d) As used in this section, a "comparator staff to child ratio" for an age range set forth in subsection (g) is the lowest staff to child ratio that is allowed for that age range under the law governing licensure of child care facilities in a bordering state.

(e) As used in this section, "group" means a portion of the children for whom a child care facility is providing supervision who are generally assigned by the child care facility to be supervised:

(1) in the same room or space; and

(2) by the same staff member or members of the child care facility.

(f) As used in this section, "staff to child ratio" means, for a specified age range, a fraction:

(1) the numerator of which is one (1); and

(2) the denominator of which is the maximum number of children within that age range that a child care facility may allow to be supervised by a single staff member of the child care facility under the laws of the state in which the child care facility is licensed.

(g) The office of the secretary shall annually determine the comparator staff to child ratios and comparator group sizes for each of the following age ranges:

(1) Less than twelve (12) months of age.

(2) At least twelve (12) months of age but less than eighteen (18) months of age.

(3) At least eighteen (18) months of age but less than twenty-four (24) months of age.

(4) At least twenty-four (24) months of age but less than thirty (30) months of age.

(5) At least thirty (30) months of age but less than thirty-six (36) months of age.

(6) At least thirty-six (36) months of age but less than forty-eight (48) months of age.

(7) At least forty-eight (48) months of age but less than sixty (60) months of age.

(8) At least sixty (60) months of age but less than seventy-two (72) months of age.

(9) Seventy-two (72) months of age or older.

(h) The office of the secretary shall ensure that:

(1) Indiana's staff to child ratio for an age range set forth in subsection (g) is not more stringent than the average comparator staff to child ratio for that age range; and

(2) Indiana's maximum group size for an age range set forth in subsection (g) is not more stringent than the average comparator group size for that age range.

The office of the secretary shall annually evaluate the comparator staff to child ratios and comparator group sizes to determine the need for any changes to Indiana's staff to child ratios and maximum group sizes.

(i) Not later than December 1 of each year, the office of the secretary shall publish on the website of the office of the secretary the:

(1) staff to child ratio that a licensed child care center is required to maintain; and

(2) maximum group size that a licensed child care center is required to maintain;

for each age range set forth in subsection (g).

(j) Except as provided in subsection (l) or (m), for the duration of each calendar year, a licensed child care center may maintain for each age range set forth in subsection (g) the:

(1) staff to child ratio; and

(2) maximum group size;

that are posted on the website of the office of the secretary under subsection (i) as of December 1 of the immediately preceding year.

(k) A student who:

(1) is at least fifteen (15) years of age;

(2) is exploring a career in childhood education;

(3) provides care for children as a volunteer at a child care center; and

(4) is, at all times at which the student provides care for children at the child care center, under the supervision of an adult who is authorized under this article to provide child care services;

is a staff member of the child care center for purposes of the child care center's staff to child ratio under subsection (j).

(l) The maximum group size for children in an age range under subsection (g), when supervised in an indoor or outdoor area of a child care center that provides at least seventy-five (75) square feet of space per child, is equal to three (3) times the maximum group size that would otherwise apply for that age range.

(m) The maximum group size for children supervised in a child care center's cafeteria, regardless of the age range or ranges of the children under subsection (g), is equal to the number of seats available to children in the cafeteria.

As added by P.L.140-2025, SEC.4.

IC 12-17.2-4-15Inspections Sec. 15. (a) The division shall do the following:

(1) Make annual onsite inspections.

(2) Keep written records of the monitoring activities and inspections.

(b) The department of homeland security shall perform inspections of child care centers in accordance with IC 22-14-2-11.

As added by P.L.1-1993, SEC.141. Amended by P.L.28-2026, SEC.22.

IC 12-17.2-4-15.5Licensure of Montessori programs Sec. 15.5. (a) This section applies to a program that:

(1) admits for enrollment children at least two and one-half (2.5) years of age, but not more than six (6) years of age; and

(2) is validated as a Montessori program by the United Montessori Schools of Indiana.

(b) For purposes of determining the:

(1) child to staff ratio; and

(2) group size;

requirements that apply to a program described in subsection (a) for purposes of licensure of the program under this chapter, the division shall use the average age of the children in the group as of January 1 of the school year.

As added by P.L.81-2022, SEC.2.

IC 12-17.2-4-16Cooperation by licensees Sec. 16. The licensee shall cooperate with the division in carrying out these activities, including permitting the division and the department of homeland security to conduct announced or unannounced inspections.

As added by P.L.1-1993, SEC.141. Amended by P.L.28-2026, SEC.23.

IC 12-17.2-4-17Unscheduled visits by parents and guardians Sec. 17. Unscheduled visits by a custodial parent or guardian of a child shall be permitted at any time the child care center is in operation.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-17.5Supervision of children Sec. 17.5. A licensee shall ensure that a child in the licensee's care is continually supervised by a caregiver.

As added by P.L.18-2003, SEC.27.

IC 12-17.2-4-18Records Sec. 18. (a) A licensee shall keep records regarding each child in the control and care of the licensee as the division requires and shall report to the division, upon request, the facts the division requires with reference to children.

(b) The division shall keep records regarding children and facts learned about children and their parents or relatives confidential.

(1) A state agency involved in the licensing of the child care center.

(2) A legally mandated child protection agency.

(3) A law enforcement agency.

(4) An agency having the legal responsibility to care for a child placed at the child care center.

(5) The parent, guardian, or custodian of the child at the child care center.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-18.1Immunizations Sec. 18.1. (a) After December 31, 2002, a licensee shall maintain and annually update documentation provided by the physician of each child who is cared for in a child care center where the licensee provides child care that the child has received complete age appropriate immunizations, including:

(1) conjugated pneumococcal vaccine; and

(2) varicella vaccine or a demonstrated immunity to varicella.

The Indiana department of health shall determine for each age level the immunizations that constitute complete age appropriate immunizations.

(b) A licensee meets the requirement of subsection (a) if:

(1) a child's parent:

(A) objects to immunizations for religious reasons; and

(B) provides documentation of the parent's objection;

(2) the child's physician provides documentation of a medical reason the child should not be immunized; or

(3) the child's physician provides documentation that the child is currently in the process of receiving complete age appropriate immunizations;

and the licensee maintains and annually updates the documentation provided by the parent or physician under this subsection.

As added by P.L.121-2002, SEC.2. Amended by P.L.18-2003, SEC.28; P.L.56-2023, SEC.120.

IC 12-17.2-4-18.5Duties of child care centers regarding missing child reports Sec. 18.5. (a) Upon receiving a report under IC 31-36-1-4, a child care center shall thoroughly inspect the report. If the child care center finds that a child on the report required under IC 31-36-1-4 is enrolled at the child care center, the child care center shall immediately notify the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults.

(b) Upon receiving a report under IC 31-36-1-4, a child care center shall attach a notice to the child's enrollment records stating that the child has been reported missing. The child care center shall remove the notice when the center is notified under IC 31-36-2-6 that the child has been found.

(1) obtain:

(A) the name, address, and telephone number of the person making the request; and

(B) the reason that the person is requesting the school records; and

(2) immediately notify the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults.

(d) The child care center may not issue a copy of the enrollment records of a child reported missing without authorization from the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults and may not inform the person making the request that a notice that the child has been reported missing has been attached to the child's records.

As added by P.L.12-1994, SEC.8. Amended by P.L.1-1997, SEC.67; P.L.43-2009, SEC.14; P.L.40-2024, SEC.22.

IC 12-17.2-4-18.7Violations posing immediate threat to life or well-being of child; orders Sec. 18.7. (a) The division shall adopt rules under IC 4-22-2 to establish a list of violations of this article that would pose an immediate threat to the life or well-being of a child in the care of a licensee.

(b) If an employee or agent of the division determines that a violation described in subsection (a) exists, the division shall:

(1) issue an emergency or another temporary order under IC 4-21.5-4 requiring the licensee to immediately cease operation of the child care center; and

(2) contact the parent or guardian of each child enrolled in the child care center to inform the parent or guardian:

(A) that the division has issued an order to require the licensee to cease operation of the child care center; and

(B) of the reason for the order to cease operation;

pending the outcome of proceedings conducted under sections 20 through 22 of this chapter.

(c) An emergency or another temporary order issued by an employee or agent of the division must be approved by the director.

(d) An approval under subsection (c) may be communicated orally to the employee or agent issuing the order. However, the division shall maintain a written record of the approval.

(e) The list established under subsection (a) must include the presence of firearms, ammunition, or other weapons in a place that is accessible to a child in the care of a licensee.

As added by P.L.241-2003, SEC.9. Amended by P.L.25-2018, SEC.5.

IC 12-17.2-4-19Notice of enforcement actions; informal meetings Sec. 19. (a) Except as provided in section 18.7 or 29 of this chapter, the division shall give a licensee thirty (30) calendar days written notice of an enforcement action. The division shall send the notice by electronic mail to the electronic mail address provided in the licensee's application for the license, and include in the notice a request that the licensee confirm receipt of the notice by electronic mail sent to an electronic mail address specified in the notice. If the licensee does not confirm receipt of the notice by electronic mail not later than three (3) working days after the division sends the notice, the division shall provide the notice to the licensee by certified mail or personal service.

(b) The licensee shall also be provided with the opportunity for an informal meeting with the division. The licensee must request the meeting within ten (10) working days after:

(1) the licensee confirms receipt of the notice sent by electronic mail under subsection (a); or

(2) the division:

(A) mails the notice to the licensee; or

(B) provides the notice to the licensee by personal service;

under subsection (a).

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.10; P.L.183-2021, SEC.4.

IC 12-17.2-4-20Administrative hearings Sec. 20. (a) An administrative hearing concerning the decision of the division to impose a sanction under this chapter shall be provided upon a written request by the child care center. The request must be made within thirty (30) calendar days after receiving notice under section 18.7 or 19 of this chapter. The written request must be made separately from an informal meeting request made under section 19 of this chapter.

(b) The administrative hearing shall be held within sixty (60) calendar days after receiving the written request.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.11.

IC 12-17.2-4-21Procedure for administrative hearings Sec. 21. A hearing requested under section 20 of this chapter shall be held in accordance with IC 4-21.5-3.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-22Issuance of decisions Sec. 22. The division shall issue a decision within sixty (60) calendar days after the conclusion of the hearing.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-23Cessation of operations upon suspension of license Sec. 23. If a license is suspended, a licensed child care center shall cease operation and may not display the license.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-24Reinstatement of suspended licenses Sec. 24. To reinstate a suspended license the following must occur:

(1) The licensee must, within thirty (30) days of the notice of the suspension, submit a plan of corrective action to the division for approval.

(2) The plan must outline the steps and timetable for immediate correction of the violations that caused the division to suspend the license.

(3) The division must approve the plan.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-25Actions of division following suspensions of licenses Sec. 25. Following the suspension, the division shall do one (1) of the following:

(1) Reinstate the license for the term of the original license.

(2) Revoke the license.

(3) Issue a new license.

(4) Deny a reapplication.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-26Cessation of operations upon revocation of license Sec. 26. A child care center shall cease operation when the license of the child care center is revoked.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-27Notice of license revocation or suspension Sec. 27. (a) After a license is revoked or suspended, the division shall publish notice under IC 5-3-1 and notify in writing each person responsible for the children in care that the license has been revoked or suspended.

(b) The written notice shall be sent to the last known address of the person responsible for the child in care and shall state that the license of the child care center has been revoked or suspended.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.12.

IC 12-17.2-4-28Judicial review Sec. 28. A final decision of the division made after a hearing is subject to judicial review under IC 4-21.5-5.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-29Investigation of unlicensed facilities; injunctions; civil penalties; removal of children Sec. 29. (a) The division shall investigate a report of an unlicensed child care center and report the division's findings to the attorney general and to the division's attorney and the prosecuting attorney in the county where the child care center is located.

(b) The attorney general or the division's attorney may do the following:

(1) Seek the issuance of a search warrant to assist in the investigation.

(2) File an action for injunctive relief to stop the operation of a child care center if there is reasonable cause to believe that:

(A) the child care center is operating without a license required under this article; or

(B) a licensee's noncompliance with this article and the rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child.

(3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a child care center is operating without a license required under this article.

(d) An opportunity for an informal meeting with the division shall be available after the injunctive relief is ordered.

(e) The civil penalties collected under this section shall be deposited in the division of family resources child care fund established by IC 12-17.2-2-3.

(f) Section 34 of this chapter does not apply to the civil penalties imposed under this section.

As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006, SEC.98; P.L.1-2007, SEC.123.

IC 12-17.2-4-30Expiration of injunctions for operation without a license Sec. 30. A court order granted under section 29(b)(2)(A) of this chapter expires when the child care center is issued a license.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-31Expiration of injunctions for creation of imminent danger Sec. 31. A court order granted under section 29(b)(2)(B) of this chapter expires upon the later of the following:

(1) Sixty (60) calendar days after the order is issued.

(2) When a final division decision is issued under sections 20 through 22 of this chapter if notice of an enforcement action is issued under section 19 of this chapter.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-32Grounds for revocation of licenses Sec. 32. (a) The following constitute sufficient grounds for revocation of a license:

(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2.1-33) by:

(A) the licensee;

(B) an employee of the licensee who may be present on the premises of the child care center during operating hours of the child care center; or

(C) a volunteer of the licensee who may be present on the premises of the child care center during operating hours of the child care center.

(2) A criminal conviction of the licensee, or an employee or volunteer of the licensee who may be present on the premises of the child care center during operating hours of the child care center, of any of the following:

(A) A felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) A misdemeanor related to the health or safety of a child.

(3) A determination by the division that the licensee made false statements in the licensee's application for licensure.

(4) A determination by the division that the licensee made false statements in the records required by the division.

(5) A determination by the division that the licensee previously operated a:

(A) child care center without a license under this chapter; or

(B) child care home without a license under IC 12-17.2-5.

(6) A determination by the division that the operator of the child care center has failed to comply with an order of the department of homeland security.

(b) Notwithstanding subsection (a)(2), if:

(1) a license is revoked due to a criminal conviction of an employee or a volunteer of the licensee; and

(2) the division determines that the employee or volunteer has been dismissed by the licensee;

the criminal conviction of the former employee or former volunteer does not require revocation of a license.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.14; P.L.1-1997, SEC.68; P.L.109-2002, SEC.9; P.L.146-2006, SEC.5; P.L.287-2013, SEC.11; P.L.121-2020, SEC.6; P.L.28-2026, SEC.24; P.L.145-2026, SEC.78.

IC 12-17.2-4-33Disciplinary sanctions Sec. 33. (a) A licensee shall operate a child care center in compliance with the rules established under this article and is subject to the disciplinary sanctions under subsection (b) if the division finds that the licensee has violated this article.

(b) The division may impose any of the following sanctions when the division finds that a licensee has committed a violation under subsection (a):

(1) After complying with the procedural provisions in sections 19 through 22 of this chapter:

(A) suspend the license for not more than six (6) months; or

(B) revoke the license.

(2) Seek civil remedies under section 29 of this chapter.

(c) A person may not apply for, and the division may not grant, a license under this chapter less than one (1) year after the date on which the person's previous license under this chapter or IC 12-17.2-5 is revoked. However, the division may waive the one (1) year period at the division's discretion.

As added by P.L.1-1993, SEC.141. Amended by P.L.25-2018, SEC.6.

IC 12-17.2-4-34Civil penalty for violation of article Sec. 34. (a) In addition to the other penalties imposed under this chapter, the division may impose a civil penalty of not more than one thousand dollars ($1,000) for the violation of this article.

(b) The division shall deposit the civil penalties collected under this section 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.99.

IC 12-17.2-4-35Violations of chapter Sec. 35. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-4-36Investigation of abuse or neglect; child care center Sec. 36. (a) The department of child services shall conduct an investigation of a claim of abuse or neglect in a child care center.

(b) After an investigation under subsection (a), the department of child services shall make a determination of whether or not abuse or neglect occurred at the child care center.

(c) If the department of child services makes a determination under IC 31-33-8-12 that abuse or neglect at the child care center is substantiated, the department shall send a copy of its report to the appropriate licensing office of the division.

As added by P.L.146-2006, SEC.6.

IC 12-17.2-5Chapter 5. Regulation of Child Care Homes

12-17.2-5-0.1Application of certain amendments to chapter 12-17.2-5-1Operation of home without proper licensure; prohibition 12-17.2-5-2Consultation with fire prevention and building safety commission 12-17.2-5-2Consultation with department of homeland security 12-17.2-5-3Applying for licenses; national criminal history background check 12-17.2-5-3.1Maintenance of electronic mail address 12-17.2-5-3.3Meet certain requirements by July 1, 2014 12-17.2-5-3.5Drug testing 12-17.2-5-3.7Safe sleeping practices; violations; penalties 12-17.2-5-4Grounds for denial of license applications 12-17.2-5-5Incomplete applications 12-17.2-5-6Investigation of applicants 12-17.2-5-6.3Class I child care home 12-17.2-5-6.5Qualification for licensure of class II child care home 12-17.2-5-7Issuance of licenses 12-17.2-5-7.5License indication of class I or II child care home; sanctions for noncompliance with number of children or requirements of home within class 12-17.2-5-8Eligibility for waivers and variances 12-17.2-5-9Denial of licenses 12-17.2-5-10Delegation of investigations; issuance or notification of denial of licenses; supervision and monitoring 12-17.2-5-11Investigation of unlicensed premises 12-17.2-5-12Expiration, transferability, display, and renewal of licenses; other information 12-17.2-5-13Provisional licenses 12-17.2-5-14Probationary licenses 12-17.2-5-15Inspections 12-17.2-5-16Cooperation by licensees 12-17.2-5-17Unscheduled visits by parents and guardians 12-17.2-5-17.5Supervision of children 12-17.2-5-18Records 12-17.2-5-18.1Immunizations 12-17.2-5-18.2Certifications required 12-17.2-5-18.6Duties of child care home regarding missing child reports 12-17.2-5-18.7Violations posing immediate threat to life or well-being of child; orders 12-17.2-5-19Notice of enforcement actions; informal meetings 12-17.2-5-20Administrative hearings 12-17.2-5-21Procedure for administrative hearings 12-17.2-5-22Issuance of decisions 12-17.2-5-23Cessation of operations upon suspension of license 12-17.2-5-24Reinstatement of suspended licenses 12-17.2-5-25Actions of division following suspensions of licenses 12-17.2-5-26Cessation of operations upon revocation of license 12-17.2-5-27Notice of license revocation or suspension 12-17.2-5-28Judicial review 12-17.2-5-29Investigation of unlicensed facilities; injunctions; civil penalties; removal of children 12-17.2-5-30Expiration of injunctions for operation without a license 12-17.2-5-31Expiration of injunctions for creation of imminent danger 12-17.2-5-32Grounds for revocation of licenses 12-17.2-5-33Disciplinary sanctions 12-17.2-5-34Civil penalty for violation of article 12-17.2-5-35Violations of chapter 12-17.2-5-36Prohibition of care home classification for E building occupancy 12-17.2-5-36Prohibition of care home classification for E building occupancy 12-17.2-5-37Investigation of abuse or neglect; child care home

IC 12-17.2-5-0.1Application of certain amendments to chapter Sec. 0.1. The addition of section 6.3(a) of this chapter by P.L.247-2001 does not apply to a person who was issued a license for a class I child care home before July 1, 2001.

As added by P.L.220-2011, SEC.269.

IC 12-17.2-5-1Operation of home without proper licensure; prohibition Sec. 1. (a) A person may not operate a child care home without a license issued under this article.

(b) The state or a political subdivision of the state may not operate a child care home without a license issued under this article.

(1) the number of children maintained on the premises at any one (1) time is greater than the number authorized by the license; and

(2) the children are maintained in a building or place not designated by the license.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.16.

IC 12-17.2-5-2Consultation with fire prevention and building safety commission Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 2. The fire prevention and building safety commission must provide consultation regarding the licensure of child care homes to the division upon request.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-2Consultation with department of homeland security Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 2. The department of homeland security must provide consultation regarding the licensure of child care homes to the division upon request.

As added by P.L.1-1993, SEC.141. Amended by P.L.152-2026, SEC.200.

IC 12-17.2-5-3Applying for licenses; national criminal history background check Sec. 3. (a) An applicant must apply for a child care home license on forms provided by the division.

(b) An applicant must submit the required information as part of the application, including the following:

(1) If the county, city, or town in which the child care home is located requires a business permit or license to operate a child care home in the county, city, or town, proof that the applicant has a valid business permit or license.

(2) If the county, city, or town in which the child care home is located does not require a business permit or license described in subdivision (1), a statement from the county, city, or town that a business permit or license is not required.

(3) A current and valid electronic mail address for the applicant.

(1) convicted of:

(A) a felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) a misdemeanor relating to the health or safety of children;

(C) a misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or

(D) a misdemeanor for operating a child care home without a license under section 35 of this chapter, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; and

(2) charged with:

(A) a felony;

(B) a misdemeanor relating to the health or safety of children;

(C) a misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or with a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or

(D) a misdemeanor for operating a child care home without a license under section 35 of this chapter, or with a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child;

during the pendency of the application.

(d) An applicant must submit:

(1) the necessary information, forms, or consents; and

(2) the fingerprints of the applicant and the applicant's spouse;

for a national criminal history background check by the Federal Bureau of Investigation.

(e) Subject to section 3.3 of this chapter, an applicant shall require:

(1) an employee or volunteer of the applicant who may be present on the premises of the child care home during operating hours of the child care home; and

(2) the applicant's household members who are:

(A) at least eighteen (18) years of age; or

(B) less than eighteen (18) years of age but have previously been waived from juvenile court to adult court;

to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation. An applicant shall require an individual described in subdivision (1) to apply for a national criminal history background check before the individual is employed or allowed to volunteer and every three (3) years thereafter that the individual is continuously employed or allowed to volunteer.

(f) In addition to the requirements under subsections (d) and (e), an applicant must report to the division any:

(1) police investigations;

(2) arrests; and

(3) criminal convictions;

of which the applicant is aware regarding the applicant, the applicant's spouse, or a person described in subsection (e).

As added by P.L.1-1993, SEC.141. Amended by P.L.61-1993, SEC.11; P.L.136-1993, SEC.15; P.L.109-2002, SEC.10; P.L.241-2003, SEC.13; P.L.145-2006, SEC.100; P.L.287-2013, SEC.12; P.L.25-2018, SEC.7; P.L.121-2020, SEC.7; P.L.183-2021, SEC.5.

IC 12-17.2-5-3.1Maintenance of electronic mail address Sec. 3.1. A person that holds a license under this chapter shall, for the duration of the person's licensure under this chapter, maintain the electronic mail address provided by the person in the person's application for the license.

As added by P.L.183-2021, SEC.6.

IC 12-17.2-5-3.3Meet certain requirements by July 1, 2014 Sec. 3.3. A person that holds a license under this chapter on July 1, 2013, shall, at no expense to the state, meet the requirements under section 3(e) of this chapter not later than July 1, 2014.

As added by P.L.287-2013, SEC.13.

IC 12-17.2-5-3.5Drug testing Sec. 3.5. (a) A child care home shall, at no expense to the state, maintain and make available to the division upon request a copy of drug testing results for:

(1) the provider;

(2) an individual who resides with the provider and who is at least eighteen (18) years of age; and

(3) an individual who:

(A) is employed; or

(B) volunteers;

as a caregiver at the child care home.

The drug testing results for an individual described in subdivision (3) must be obtained before the individual is employed or allowed to volunteer as a caregiver.

(b) A child care home shall maintain a written policy specifying the following:

(1) That the:

(A) use of:

(i) tobacco;

(ii) alcohol; or

(iii) a potentially toxic substance in a manner other than the substance's intended purpose; and

(B) use or possession of an illegal substance;

is prohibited in the child care home when child care is being provided.

(2) That drug testing of individuals who serve as caregivers at the child care home will be:

(A) performed based on a protocol established or approved by the division; and

(B) required if an individual is suspected of noncompliance with the requirements specified under subdivision (1).

(1) the drug testing results obtained under subsection (a) or (b) indicate the presence of a prohibited substance described in subsection (b)(1)(A)(ii), (b)(1)(A)(iii), or (b)(1)(B); or

(2) an individual refuses to submit to a drug test;

the child care home shall immediately suspend or terminate the individual's employment or volunteer service.

(d) A child care home that suspends an individual described in subsection (c) shall maintain a written policy providing for reinstatement of the individual following rehabilitation and drug testing results that are negative for a prohibited substance described in subsection (b)(1)(A)(ii), (b)(1)(A)(iii), or (b)(1)(B).

(e) Drug testing results obtained under this section are confidential and may not be disclosed for any purpose other than the purpose described in this section.

(f) A child care home that does not comply with this section is subject to:

(1) denial of an application for a license; or

(2) suspension or revocation of a license issued;

under this chapter.

As added by P.L.18-2003, SEC.29. Amended by P.L.6-2004, SEC.4; P.L.16-2006, SEC.5.

IC 12-17.2-5-3.7Safe sleeping practices; violations; penalties Sec. 3.7. (a) A licensee that cares for children who are less than twelve (12) months of age shall:

(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices as required by section 6.3(a)(3) or 6.5(9) of this chapter, whichever is applicable; and

(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.

(b) If a licensee violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the child care home:

(2) On the second inspection during which a violation is determined during a licensure period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection.

(3) On the third inspection during which a violation is determined during a licensure period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection.

(4) On the fourth inspection during which a violation is determined during a licensure period:

(A) place the child care home's license on probation for not more than six (6) months; and

(B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection.

(5) On the fifth inspection during which a violation is determined during a licensure period:

(A) suspend or revoke the child care home's license for one (1) year; and

(B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection.

(1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and

(2) that failure to pay any monetary civil penalty may result in revocation of the child care home's license for not more than two (2) years.

(d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.

(e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director.

As added by P.L.53-2018, SEC.8. Amended by P.L.134-2024, SEC.7.

IC 12-17.2-5-4Grounds for denial of license applications Sec. 4. (a) The following constitute sufficient grounds for a denial of a license application:

(1) A determination by the department of child services established by IC 31-25-1-1 of child abuse or neglect (as defined in IC 31-9-2.1-33) by:

(A) the applicant;

(B) a member of the applicant's household;

(C) an employee of the applicant who may be present on the premises of the child care home during operating hours of the child care home; or

(D) a volunteer of the applicant who may be present on the premises of the child care home during operating hours of the child care home.

(2) A criminal conviction of the applicant, or an employee or volunteer of the applicant who may be present on the premises of the child care home during operating hours of the child care home, or a member of the applicant's household, of any of the following:

(A) A felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) A misdemeanor related to the health or safety of a child.

(C) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.

(D) A misdemeanor for operating a child care home without a license under section 35 of this chapter, or a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.

(3) A determination by the division that the applicant made false statements in the applicant's application for licensure.

(4) A determination by the division that the applicant made false statements in the records required by the division.

(5) A determination by the division that the applicant previously operated a:

(A) child care center without a license under IC 12-17.2-4; or

(B) child care home without a license under this chapter.

(b) Notwithstanding subsection (a)(2), if:

(1) a license application is denied due to a criminal conviction of:

(A) an employee or a volunteer of the applicant; or

(B) a member of the applicant's household; and

(2) the division determines that the:

(A) employee or volunteer has been dismissed by the applicant; or

(B) member of the applicant's household is no longer a member of the applicant's household;

the criminal conviction of the former employee, former volunteer, or former member does not require denial of a license application.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.17; P.L.1-1997, SEC.69; P.L.109-2002, SEC.11; P.L.146-2006, SEC.7; P.L.124-2007, SEC.5; P.L.287-2013, SEC.14; P.L.121-2020, SEC.8; P.L.156-2020, SEC.59; P.L.74-2022, SEC.10; P.L.145-2026, SEC.79.

IC 12-17.2-5-5Incomplete applications Sec. 5. The division may not act on an incomplete application. The division shall return an incomplete application with a notation as to omissions. The return of an incomplete application shall be without prejudice.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-6Investigation of applicants Sec. 6. The division shall investigate a person seeking licensure to determine whether the person is in compliance with this article. The investigation shall be conducted any time the home is in operation in announced or unannounced visits. Activities may include onsite inspections, record reading, observation, and interviewing. The division may require that evidence of compliance with the rules be presented in a form and manner specified in the rules.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-6.3Class I child care home Sec. 6.3. (a) To qualify for a license to operate a class I child care home under this chapter, a person must do the following:

(1) Provide documentation to the division that the licensee has received a high school diploma or a high school equivalency certificate as described in IC 12-14-5-2.

(2) Provide documentation to the division that the licensee:

(A) has completed;

(B) is enrolled in; or

a child development associate credential program or a similar program approved by the division.

(3) Complete the training course taught or approved by the division concerning safe sleeping practices for a child within the person's care as described in IC 12-17.2-2-1(10).

The division may grant a waiver or variance of the requirement under subdivision (2).

(b) A class I child care home may serve three (3) school age children under IC 12-7-2.1-68 if the child care home meets the following conditions:

(1) Provides at least thirty-five (35) square feet for each child.

(2) Maintains the child to staff ratio required under rules adopted by the division for each age group of children in attendance.

(3) Has an illuminated exit sign over each required exit or emergency lighting for each required exit.

As added by P.L.247-2001, SEC.8. Amended by P.L.162-2005, SEC.3; P.L.74-2022, SEC.11; P.L.145-2026, SEC.80.

IC 12-17.2-5-6.5Qualification for licensure of class II child care home Sec. 6.5. To qualify for a license to operate a class II child care home under this chapter, a person must do the following:

(1) Provide all child care services on the first story of the child care home unless the class II child care home meets the exceptions to the first story requirements contained in the Indiana building code adopted by the fire prevention and building safety commission in effect at the time the class II child care home provider applies for licensure.

(2) Provide a smoke detection system that is:

(A) hard wired to the building's electrical system; and

(B) wired in a manner that activates all of the detector devices in the building when one (1) detector device is activated.

(3) Provide a fire extinguisher in each room that is used to provide child care services.

(4) Meet:

(A) the exit requirements for an E-3 building occupancy classification under the Indiana building code adopted by the fire prevention and building safety commission, except for any illumination requirements, in effect at the time the class II child care home provider initially applies for licensure; and

(B) the illumination requirements established in section 6.3(b)(3) of this chapter.

(5) Provide a minimum of thirty-five (35) square feet for each child.

(6) Conduct fire drills required under article 37 of the Indiana fire prevention code adopted by the fire prevention and building safety commission in effect at the time the class II child care home provider applies for licensure.

(7) Apply for a license before July 1, 1996, or after June 30, 2001.

(8) Comply with rules adopted by the division of family resources for class II child care homes.

(9) Complete the training course taught or approved by the division concerning safe sleeping practices for a child within the person's care as described in IC 12-17.2-2-1(10).

As added by P.L.136-1993, SEC.18. Amended by P.L.106-1996, SEC.2; P.L.247-2001, SEC.9; P.L.162-2005, SEC.4; P.L.145-2006, SEC.101; P.L.74-2022, SEC.12; P.L.134-2024, SEC.8.

IC 12-17.2-5-7Issuance of licenses Sec. 7. The division shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance under this article.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-7.5License indication of class I or II child care home; sanctions for noncompliance with number of children or requirements of home within class Sec. 7.5. (a) The license issued to a person for the operation of a child care home under section 7 of this chapter shall indicate whether the child care home is licensed as a class I child care home or a class II child care home.

(b) A person who:

(1) holds a license to operate a class I child care home; and

(2) at any time serves a number of children greater than the number allowed under IC 12-7-2.1-68;

is subject to sanctions under section 33 of this chapter, a civil penalty under section 34 of this chapter, and the criminal penalty set forth in section 35 of this chapter.

(1) holds a license to operate a class II child care home; and

(2) at any time:

(A) serves a number of children greater than the number allowed under IC 12-7-2.1-69; or

(B) fails to comply with the requirements for class II child care homes set forth in section 6.5 of this chapter;

is subject to sanctions under section 33 of this chapter, a civil penalty under section 34 of this chapter, and the criminal penalty set forth in section 35 of this chapter.

As added by P.L.136-1993, SEC.19. Amended by P.L.145-2026, SEC.81.

IC 12-17.2-5-8Eligibility for waivers and variances Sec. 8. A child care home may be eligible to receive a waiver or variance from the requirements of this chapter by complying with IC 12-17.2-2-10.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-9Denial of licenses Sec. 9. (a) The division shall deny a license when an applicant fails to meet the requirements for a license.

(c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made within thirty (30) calendar days after:

(1) the applicant confirms receipt of the notice sent by electronic mail under subsection (b); or

(2) the division:

(A) mails the notice to the applicant; or

(B) provides the notice to the applicant by personal service;

under subsection (b).

(d) The administrative hearing shall be held within sixty (60) calendar days after receiving the written request.

(e) The administrative hearing shall be held in accordance with IC 4-21.5-3.

(f) The division shall issue a decision within sixty (60) calendar days after the conclusion of the hearing.

As added by P.L.1-1993, SEC.141. Amended by P.L.183-2021, SEC.7.

IC 12-17.2-5-10Delegation of investigations; issuance or notification of denial of licenses; supervision and monitoring Sec. 10. (a) The division may delegate the investigation of child care homes to a person. The person is responsible for completing a child care home licensing study that shows substantial compliance with child care rules and is the basis of a recommendation for licensure to the division.

(b) The division shall issue the license or notify the person if a license is not to be issued, giving the reasons for the denial.

(c) After licensure, the person shall supervise and monitor the child care home in relation to the rules for licensure and shall recommend subsequent licensing and enforcement actions.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-11Investigation of unlicensed premises Sec. 11. The division shall investigate any premises that the division has reason to believe are being used for child care without a license in circumstances where a license is required.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-12Expiration, transferability, display, and renewal of licenses; other information Sec. 12. (a) A license for a child care home expires two (2) years after the date of issuance, unless revoked, modified to a probationary or suspended status, or voluntarily returned.

(b) A license issued under this chapter:

(1) is not transferable;

(2) applies only to the licensee and the location stated in the application; and

(3) remains the property of the division.

(d) When a licensee submits a timely application for renewal, the current license shall remain in effect until the division issues a license or denies the application.

(e) A licensee shall publicly display and make available, as a handout, written documentation of:

(1) any changes in the status of the licensee's license; and

(2) a telephone number and a website where information may be obtained from the division regarding:

(A) the current status of the licensee's license;

(B) any complaints filed with the division concerning the licensee; and

(3) a telephone number of the office of the Indiana child care resource and referral program of the county in which the child care home is located.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.14; P.L.23-2026, SEC.89.

IC 12-17.2-5-13Provisional licenses Sec. 13. (a) The division may grant a provisional license to an applicant who is not able to demonstrate compliance with a rule because the child care home is not in full operation.

(b) The provisional license shall be granted for not more than one (1) year and is subject to review every three (3) months.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-14Probationary licenses Sec. 14. (a) The division may grant a probationary license to a licensee who is temporarily unable to comply with a rule if:

(1) the noncompliance does not present an immediate threat to the health and well-being of the children;

(2) the licensee files a plan with the division to correct the areas of noncompliance within the probationary period; and

(3) the division approves the plan.

(b) A probationary license is valid for not more than six (6) months. The division may extend a probationary license for one (1) additional period of six (6) months.

(d) At the expiration of the probationary license, the division shall reinstate the original license to the end of the original term of the license, issue a new license, or revoke the license.

(e) Upon receipt of a probationary license, the licensee shall return to the division the previously issued license.

(f) The division shall:

(1) upon issuing a probationary license under this section, provide written notice to the licensee that the division will provide the notice required under subdivision (2); and

(A) issuance of the probationary license; and

(B) reason for the issuance of the probationary license.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.15.

IC 12-17.2-5-15Inspections Sec. 15. The division shall do the following:

(1) Make annual onsite inspections.

(2) Keep written records of the division's monitoring activities and inspections.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-16Cooperation by licensees Sec. 16. The licensee shall cooperate with the division in carrying out these activities, including permitting the division to conduct announced or unannounced inspections.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-17Unscheduled visits by parents and guardians Sec. 17. Unscheduled visits by a custodial parent or guardian of a child shall be permitted at any time the child care home is in operation.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-17.5Supervision of children Sec. 17.5. A licensee shall ensure that a child in the licensee's care is continually supervised by a caregiver.

As added by P.L.18-2003, SEC.30.

IC 12-17.2-5-18Records Sec. 18. (a) A licensee shall keep records regarding each child in the control and care of the licensee as the division requires and shall report to the division, upon request, the facts the division requires with reference to children.

(b) The division shall keep records regarding children and facts learned about children and their parents or relatives confidential.

(1) A state agency involved in the licensing of the child care home.

(2) A legally mandated child protection agency.

(3) A law enforcement agency.

(4) An agency having the legal responsibility to care for a child placed at the child care home.

(5) The parent, guardian, or custodian of the child at the child care home.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-18.1Immunizations Sec. 18.1. (a) After December 31, 2002, a licensee shall maintain and annually update documentation provided by the physician of each child who is cared for in a child care home where the licensee provides child care that the child has received complete age appropriate immunizations, including:

(1) conjugated pneumococcal vaccine; and

(2) varicella vaccine or a demonstrated immunity to varicella.

The Indiana department of health shall determine for each age level the immunizations that constitute complete age appropriate immunizations.

(b) A licensee meets the requirement of subsection (a) if:

(1) a child's parent:

(A) objects to immunizations for religious reasons; and

(B) provides documentation of the parent's objection;

(2) the child's physician provides documentation of a medical reason the child should not be immunized; or

(3) the child's physician provides documentation that the child is currently in the process of receiving complete age appropriate immunizations;

and the licensee maintains and annually updates the documentation provided by the parent or physician under this subsection.

As added by P.L.121-2002, SEC.3. Amended by P.L.18-2003, SEC.31; P.L.56-2023, SEC.121.

IC 12-17.2-5-18.2Certifications required Sec. 18.2. (a) At least one (1) adult individual who maintains current certification in a course of pediatric cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care home shall be present at all times when a child is in the care of a child care home. Certifications accepted under this subsection must include a live return demonstration of skills.

(b) An individual who is employed or volunteers as a caregiver at a child care home:

(2) shall maintain current certification in pediatric first aid applicable to all age groups of children cared for by the child care home.

As added by P.L.18-2003, SEC.32. Amended by P.L.246-2023, SEC.6; P.L.26-2025, SEC.15.

IC 12-17.2-5-18.6Duties of child care home regarding missing child reports Sec. 18.6. (a) Upon receiving a report under IC 31-36-1-4, a child care home shall thoroughly inspect the report. If the child care home finds that a child on the report required under IC 31-36-1-4 is enrolled at the child care home, the child care home shall immediately notify the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults.

(b) Upon receiving a report under IC 31-36-1-4, a child care home shall attach a notice to the child's enrollment records stating that the child has been reported missing. The child care home shall remove the notice when the center is notified under IC 31-36-2-6 that the child has been found.

(1) obtain:

(A) the name, address, and telephone number of the person making the request; and

(B) the reason that the person is requesting the school records; and

(2) immediately notify the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults.

(d) The child care home may not issue a copy of the enrollment records of a child reported missing without authorization from the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults and may not inform the person making the request that a notice that the child has been reported missing has been attached to the child's records.

As added by P.L.12-1994, SEC.9. Amended by P.L.1-1997, SEC.70; P.L.43-2009, SEC.15; P.L.40-2024, SEC.23.

IC 12-17.2-5-18.7Violations posing immediate threat to life or well-being of child; orders Sec. 18.7. (a) The division shall adopt rules under IC 4-22-2 to establish a list of violations of this article that would pose an immediate threat to the life or well-being of a child in the care of a licensee.

(b) If an employee or agent of the division determines that a violation described in subsection (a) exists, the division shall:

(1) issue an emergency or another temporary order under IC 4-21.5-4 requiring the licensee to immediately cease operation of the child care home; and

(2) contact the parent or guardian of each child enrolled in the child care home to inform the parent or guardian:

(A) that the division has issued an order to require the licensee to cease operation of the child care home; and

(B) of the reason for the order to cease operation;

pending the outcome of proceedings conducted under sections 20 through 22 of this chapter.

(c) An emergency or another temporary order issued by an employee or agent of the division must be approved by the director.

(d) An approval under subsection (c) may be communicated orally to the employee or agent issuing the order. However, the division shall maintain a written record of the approval.

(e) The list established under subsection (a) must include the presence of firearms, ammunition, or other weapons in a place that is accessible to a child in the care of a licensee.

As added by P.L.241-2003, SEC.16. Amended by P.L.25-2018, SEC.8.

IC 12-17.2-5-19Notice of enforcement actions; informal meetings Sec. 19. (a) Except as provided in section 18.7 or 29 of this chapter, the division shall give a licensee thirty (30) calendar days written notice of an enforcement action. The division shall send the notice by electronic mail to the electronic mail address provided in the licensee's application for the license, and include in the notice a request that the licensee confirm receipt of the notice by electronic mail sent to an electronic mail address specified in the notice. If the licensee does not confirm receipt of the notice by electronic mail not later than three (3) working days after the division sends the notice, the division shall provide the notice to the licensee by certified mail or personal service.

(b) The licensee shall also be provided with the opportunity for an informal meeting with the division. The licensee must request the meeting within ten (10) working days after:

(1) the licensee confirms receipt of the notice sent by electronic mail under subsection (a); or

(2) the division:

(A) mails the notice to the licensee; or

(B) provides the notice to the licensee by personal service;

under subsection (a).

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.17; P.L.183-2021, SEC.8.

IC 12-17.2-5-20Administrative hearings Sec. 20. (a) An administrative hearing concerning the decision of the division to impose a sanction under this chapter shall be provided upon a written request by the child care home. The request must be made within thirty (30) calendar days after receiving notice under section 18.7 or 19 of this chapter. The written request must be made separately from an informal meeting request made under section 19 of this chapter.

(b) The administrative hearing shall be held within sixty (60) calendar days after receiving the written request.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.18.

IC 12-17.2-5-21Procedure for administrative hearings Sec. 21. A hearing requested under section 20 of this chapter shall be held in accordance with IC 4-21.5-3.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-22Issuance of decisions Sec. 22. The division shall issue a decision within sixty (60) calendar days after the conclusion of the hearing.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-23Cessation of operations upon suspension of license Sec. 23. If a license is suspended, a licensed child care home shall cease operation and may not display the license.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-24Reinstatement of suspended licenses Sec. 24. To reinstate a suspended license, the following must occur:

(1) The licensee must, within thirty (30) days of the notice of the suspension, submit a plan of corrective action to the division for approval.

(2) The plan must outline the steps and timetable for immediate correction of the violations that caused the division to suspend the license.

(3) The division must approve the plan.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-25Actions of division following suspensions of licenses Sec. 25. Following the suspension, the division shall do one (1) of the following:

(1) Reinstate the license for the term of the original license.

(2) Revoke the license.

(3) Issue a new license.

(4) Deny a reapplication.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-26Cessation of operations upon revocation of license Sec. 26. A child care home shall cease operation when the license of the child care home is revoked.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-27Notice of license revocation or suspension Sec. 27. (a) After a license is revoked or suspended, the division shall publish notice under IC 5-3-1 and notify in writing each person responsible for the children in care that the license has been revoked or suspended.

(b) The written notice shall be sent to the last known address of the person responsible for the child in care and shall state that the license of the child care home has been revoked or suspended.

As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003, SEC.19.

IC 12-17.2-5-28Judicial review Sec. 28. A final decision of the office of administrative law proceedings made after a hearing is subject to judicial review under IC 4-21.5-5.

As added by P.L.1-1993, SEC.141. Amended by P.L.92-2025, SEC.13.

IC 12-17.2-5-29Investigation of unlicensed facilities; injunctions; civil penalties; removal of children Sec. 29. (a) The division shall investigate a report of an unlicensed child care home and report the division's findings to the attorney general and to the division's attorney and the prosecuting attorney in the county where the child care home is located.

(b) The attorney general or the county department of public welfare attorney may do the following:

(1) Seek the issuance of a search warrant to assist in the investigation.

(2) File an action for injunctive relief to stop the operation of a child care home if there is reasonable cause to believe that:

(A) the child care home is operating without a license required under this article; or

(3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a child care home is operating without a license required under this article.

(d) An opportunity for an informal meeting with the division shall be available after the injunctive relief is ordered.

(e) The civil penalties collected under this section shall be deposited in the division of family resources child care fund established by IC 12-17.2-2-3.

(f) Section 34 of this chapter does not apply to the civil penalties imposed under this section.

As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006, SEC.102; P.L.1-2007, SEC.124.

IC 12-17.2-5-30Expiration of injunctions for operation without a license Sec. 30. A court order granted under section 29(b)(2)(A) of this chapter expires when the child care home is issued a license.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-31Expiration of injunctions for creation of imminent danger Sec. 31. A court order granted under section 29(b)(2)(B) of this chapter expires upon the later of the following:

(1) Sixty (60) calendar days after the order is issued.

(2) When a final division decision is issued under sections 20 through 22 of this chapter if notice of an enforcement action is issued under section 19 of this chapter.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-32Grounds for revocation of licenses Sec. 32. (a) The following constitute sufficient grounds for revocation of a license:

(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2.1-33) by:

(A) the licensee;

(B) a member of the licensee's household;

(C) an employee of the licensee who may be present on the premises of the child care home during operating hours of the child care home; or

(D) a volunteer of the licensee who may be present on the premises of the child care home during operating hours of the child care home.

(2) A criminal conviction of the licensee, an employee or volunteer of the licensee who may be present on the premises of the child care home during operating hours of the child care home, or a member of the licensee's household of any of the following:

(A) A felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) A misdemeanor related to the health or safety of a child.

(3) A determination by the division that the licensee made false statements in the licensee's application for licensure.

(4) A determination by the division that the licensee made false statements in the records required by the division.

(5) A determination by the division that the licensee previously operated a:

(A) child care center without a license under IC 12-17.2-4; or

(B) child care home without a license under this chapter.

(b) Notwithstanding subsection (a)(2), if:

(1) a license is revoked due to a criminal conviction of:

(A) an employee or a volunteer of the licensee's; or

(B) a resident of the licensee's household; and

(2) the division determines that the:

(A) employee or volunteer has been dismissed by the licensee; or

(B) member of the licensee's household is no longer a member of the licensee's household;

the criminal conviction of the former employee, former volunteer, or former member does not require revocation of a license.

As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.20; P.L.1-1997, SEC.71; P.L.109-2002, SEC.12; P.L.146-2006, SEC.8; P.L.124-2007, SEC.6; P.L.287-2013, SEC.15; P.L.121-2020, SEC.9; P.L.74-2022, SEC.13; P.L.145-2026, SEC.82.

IC 12-17.2-5-33Disciplinary sanctions Sec. 33. (a) A licensee shall operate a child care home in compliance with the rules established under this article and is subject to the disciplinary sanctions under subsection (b) if the division finds that the licensee has violated this article.

(b) The division may impose any of the following sanctions when the division finds that a licensee has committed a violation under subsection (a):

(1) After complying with the procedural provisions in sections 19 through 22 of this chapter:

(A) suspend the license for not more than six (6) months; or

(B) revoke the license.

(2) Seek civil remedies under section 29 of this chapter.

(c) A person may not apply for, and the division may not grant, a license under this chapter less than one (1) year after the date on which the person's previous license under IC 12-17.2-4 or this chapter is revoked. However, the division may waive the one (1) year period at the division's discretion.

As added by P.L.1-1993, SEC.141. Amended by P.L.25-2018, SEC.9.

IC 12-17.2-5-34Civil penalty for violation of article Sec. 34. (a) In addition to the other penalties imposed under this chapter, the division may impose a civil penalty of not more than one thousand dollars ($1,000) for the violation of this article.

(b) The division shall deposit the civil penalties collected under this section 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.103.

IC 12-17.2-5-35Violations of chapter Sec. 35. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor.

As added by P.L.1-1993, SEC.141.

IC 12-17.2-5-36Prohibition of care home classification for E building occupancy Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 36. The fire prevention and building safety commission may not adopt rules that classify a child care home as an E building occupancy classification.

As added by P.L.136-1993, SEC.21.

IC 12-17.2-5-36Prohibition of care home classification for E building occupancy Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 36. The department of homeland security may not adopt rules that classify a child care home as an E building occupancy classification.

As added by P.L.136-1993, SEC.21. Amended by P.L.152-2026, SEC.201.

IC 12-17.2-5-37Investigation of abuse or neglect; child care home Sec. 37. (a) The department of child services shall conduct an investigation of a claim of abuse or neglect at a child care home.

(b) After an investigation under subsection (a), the department of child services shall make a determination of whether or not abuse or neglect occurred at the child care home.

(c) If the department of child services makes a determination under IC 31-33-8-12 that abuse or neglect at the child care home is substantiated, the department shall send a copy of its report to the appropriate licensing office at the division.

As added by P.L.146-2006, SEC.9.

IC 12-17.2-6Chapter 6. Regulation of Child Care Ministries

12-17.2-6-1Licensure of ministries 12-17.2-6-2Operation of unlicensed ministries; registration application and duration; inspections 12-17.2-6-2.1Required maintenance of electronic mail address 12-17.2-6-3Registration of licensed ministries 12-17.2-6-4Applicant inspection; periodic inspection of registered child care ministry 12-17.2-6-5Rules for fire prevention and inspection of unlicensed ministries 12-17.2-6-5Rules for fire prevention and inspection of unlicensed ministries 12-17.2-6-6Inspection notices for unlicensed ministries 12-17.2-6-7Notice to parents and guardians by unlicensed ministries 12-17.2-6-7.5Required annual certification 12-17.2-6-8Liability for injuries to children 12-17.2-6-9Loss of exemption for violation of chapter 12-17.2-6-10Advertising requirements for exempt ministries 12-17.2-6-11Immunization of children 12-17.2-6-12Registration fees of division 12-17.2-6-13Repealed 12-17.2-6-14National criminal history check for employees of child care ministry; reporting requirements; prohibition on employing certain persons 12-17.2-6-14.1Safe sleeping practices; violations; penalties 12-17.2-6-15Unscheduled visits by parents and guardians 12-17.2-6-16Application denial; causes 12-17.2-6-17Notice of application denial; hearing 12-17.2-6-18Incomplete application 12-17.2-6-19Revocation of registration; causes 12-17.2-6-20Emergency or temporary order requiring cessation of operation 12-17.2-6-21Enforcement actions 12-17.2-6-22Notice of enforcement action 12-17.2-6-23Hearing 12-17.2-6-24Hearing procedure 12-17.2-6-25Issuance of enforcement decision 12-17.2-6-26Suspension of registration; cessation of operation 12-17.2-6-27Reinstatement of suspended registration; corrective action 12-17.2-6-28Actions following suspension of registration 12-17.2-6-29Revocation of registration; cessation of operation 12-17.2-6-30Notice of suspension or revocation 12-17.2-6-31Judicial review 12-17.2-6-32Class B misdemeanor

IC 12-17.2-6-1Licensure 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 12-17.2-6-2Operation of unlicensed ministries; registration application and duration; inspections Sec. 2. (a) An unlicensed child care ministry under section 1 of this chapter may not operate unless the child care ministry:

(1) has registered with and met the requirements of the division; and

(2) for an initial registration only, has been inspected and found to be in substantial compliance with applicable building and fire safety laws by the department of homeland security.

Registration application forms shall be provided by the division.

(b) A registration application under this section must include a current and valid electronic mail address for the applicant.

(c) Registration under this section expires two (2) years after the date of issuance unless revoked, modified to a probationary or suspended status, or voluntarily returned.

(d) Upon receipt of an initial registration:

(1) the division shall notify the department of homeland security of the filing; and

(2) the department of homeland security shall inspect the unlicensed child care ministry.

As added by P.L.1-1993, SEC.141. Amended by P.L.1-2006, SEC.193; P.L.53-2018, SEC.9; P.L.183-2021, SEC.9; P.L.187-2021, SEC.45; P.L.28-2026, SEC.25.

IC 12-17.2-6-2.1Required maintenance of electronic mail address Sec. 2.1. A child care ministry registered under this chapter shall, for the duration of the child care ministry's registration under this chapter, maintain the electronic mail address provided by the child care ministry in the child care ministry's application for registration.

As added by P.L.183-2021, SEC.10.

IC 12-17.2-6-3Registration 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 12-17.2-6-4Applicant inspection; periodic inspection of registered child care ministry Sec. 4. (a) The division shall inspect a child care ministry for which a registration application is made 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 of a registered child care ministry:

(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;

to ensure that the child care ministry complies with the rules of the division adopted under IC 12-17.2-2-5(a).

As added by P.L.1-1993, SEC.141. Amended by P.L.16-2006, SEC.6; P.L.53-2018, SEC.10.

IC 12-17.2-6-5Rules for fire prevention and inspection of unlicensed ministries Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

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 department of homeland security 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 department of homeland security 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.

(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 department of homeland security shall perform inspections of a child care ministry registered under section 2 of this chapter in accordance with IC 22-14-2-11.

As added by P.L.1-1993, SEC.141. Amended by P.L.159-1995, SEC.2; P.L.1-2006, SEC.194; P.L.187-2021, SEC.46; P.L.28-2026, SEC.26.

IC 12-17.2-6-5Rules for fire prevention and inspection of unlicensed ministries Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

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 department of homeland security in effect at the time that the child care ministry is first registered.

(c) Except as provided in the following, a registered child care ministry shall comply with all rules of the department of homeland security 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 department of homeland security.

(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.

(3) Each registered child care ministry shall comply with the rules of the department of homeland security concerning fire drills.

(d) The department of homeland security shall perform inspections of a child care ministry registered under section 2 of this chapter in accordance with IC 22-14-2-11.

As added by P.L.1-1993, SEC.141. Amended by P.L.159-1995, SEC.2; P.L.1-2006, SEC.194; P.L.187-2021, SEC.46; P.L.28-2026, SEC.26; P.L.152-2026, SEC.202.

IC 12-17.2-6-6Inspection notices for unlicensed ministries Sec. 6. (a) Upon the completion of the inspections required under this chapter, a notice signed by the inspector from the division 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

(b) Upon completion of an inspection by the department of homeland security, a copy of the inspection findings shall be issued to the unlicensed child care ministry. The operator of the unlicensed child care ministry shall maintain a copy of the most recent inspection findings in a conspicuous place in the unlicensed child care ministry.

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; P.L.187-2021, SEC.47; P.L.28-2026, SEC.27.

IC 12-17.2-6-7Notice 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 12-17.2-6-7.5Required annual certification Sec. 7.5. (a) At least one (1) adult individual who maintains current certification in a course of pediatric cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care ministry shall be present at all times when a child is in the care of a child care ministry. Certifications accepted under this subsection must include a live return demonstration of skills.

(b) An individual who is employed or volunteers as a caregiver at a child care ministry:

(2) shall maintain current certification in pediatric first aid applicable to all age groups of children cared for by the child care ministry.

As added by P.L.9-2020, SEC.5. Amended by P.L.246-2023, SEC.7; P.L.26-2025, SEC.16.

IC 12-17.2-6-8Liability 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 12-17.2-6-9Loss 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 12-17.2-6-10Advertising 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 12-17.2-6-11Immunization 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 12-17.2-6-12Registration 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 12-17.2-6-13RepealedAs added by P.L.1-1993, SEC.141. Repealed by P.L.28-2026, SEC.28.

IC 12-17.2-6-14National criminal history check for employees of child care ministry; reporting requirements; prohibition on employing certain persons Sec. 14. (a) A child care ministry must do the following:

(1) Subject to subsection (c), require, at no expense to the state, an employee or volunteer who may be present on the premises of the child care ministry during operating hours of the child care ministry to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation.

(2) Report to the division any:

(A) police investigations;

(B) arrests; and

of which the operator or director of the child care ministry is aware regarding an employee or volunteer described in subdivision (1).

(3) Refrain from employing, or allowing to serve as a volunteer, an individual who may be present on the premises of the child care ministry during operating hours of the child care ministry and who:

(A) has been convicted of a felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) has been convicted of a misdemeanor related to the health or safety of a child;

(C) has been convicted of a misdemeanor under IC 12-17.2-4-35 for operating a child care center without a license, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child;

(D) has been convicted of a misdemeanor under IC 12-17.2-5-35 for operating a child care home without a license, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or

(E) is a person against whom an allegation of child abuse or neglect has been substantiated under IC 31-33, or under a substantially similar provision in another jurisdiction.

(b) A child care ministry shall require an individual described in subsection (a)(1) to apply for a national criminal history background check before the individual is employed or allowed to volunteer and every three (3) years thereafter that the individual is continuously employed or allowed to volunteer.

(c) A child care ministry that is registered under this chapter on July 1, 2013, shall, at no expense to the state, meet the requirements under subsection (a)(1) not later than July 1, 2014.

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; P.L.287-2013, SEC.16; P.L.158-2013, SEC.179; P.L.168-2014, SEC.28; P.L.121-2020, SEC.10.

IC 12-17.2-6-14.1Safe sleeping practices; violations; penalties Sec. 14.1. (a) The operator of a child care ministry that cares for children who are less than twelve (12) months of age shall:

(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and

(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.

(b) If an operator of a child care ministry violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the child care ministry:

(1) On the first inspection during which a violation is determined during a registration period, issue a formal warning letter stating the division's intent to take administrative action and impose a civil penalty for any future violation.

(2) On the second inspection during which a violation is determined during a registration period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection.

(3) On the third inspection during which a violation is determined during a registration period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection.

(4) On the fourth inspection during which a violation is determined during a registration period:

(A) suspend the child care ministry's registration for not more than six (6) months; and

(B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection.

(5) On the fifth inspection during which a violation is determined during a registration period:

(A) suspend or revoke the child care ministry's registration for one (1) year; and

(B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection.

(1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and

(2) that failure to pay any monetary civil penalty may result in revocation of the child care ministry's registration for not more than two (2) years.

(d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.

(e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director.

As added by P.L.53-2018, SEC.11.

IC 12-17.2-6-15Unscheduled 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 12-17.2-6-16Application denial; causes Sec. 16. (a) The following constitute sufficient grounds for denial of an application for registration under this chapter:

(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2.1-33) by:

(A) the applicant;

(B) an employee of the applicant who may be present on the premises of the child care ministry during operating hours of the child care ministry; or

(C) a volunteer of the applicant who may be present on the premises of the child care ministry during operating hours of the child care ministry.

(2) A criminal conviction of the applicant, or an employee or volunteer of the applicant who may be present on the premises of the child care ministry during operating hours of the child care ministry, of any of the following:

(A) A felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) A misdemeanor related to the health or safety of a child.

(C) A misdemeanor for operating a child care ministry without a registration under this chapter, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.

(D) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.

(E) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or a substantially similar offense in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child.

(3) A determination by the division that the applicant made false statements in the applicant's application for registration.

(4) A determination by the division that the applicant made false statements in the records required by the division.

(5) A determination by the division that the applicant previously operated a:

(A) child care ministry without a registration under this chapter;

(B) child care center without a license under IC 12-17.2-4; or

(b) Notwithstanding subsection (a)(2), if:

(1) a registration application is denied due to a criminal conviction of an employee or a volunteer of the applicant; and

(2) the division determines that the employee or volunteer has been dismissed by the applicant;

the criminal conviction of the former employee or former volunteer does not require denial of the registration application.

As added by P.L.53-2018, SEC.12. Amended by P.L.121-2020, SEC.11; P.L.145-2026, SEC.83.

IC 12-17.2-6-17Notice of application denial; hearing Sec. 17. (a) The division shall deny registration under this chapter if an applicant fails to meet the requirements for registration.

(c) An administrative hearing concerning the denial of a registration must be provided upon written request by the applicant. The request must be made not more than thirty (30) calendar days after:

(1) the applicant confirms receipt of the notice sent by electronic mail under subsection (b); or

(2) the division:

(A) mails the notice to the applicant; or

(B) provides the notice to the applicant by personal service;

under subsection (b).

(d) The administrative hearing must be scheduled not more than sixty (60) calendar days after the division receives the written request.

(e) The administrative hearing must be held in accordance with IC 4-21.5-3.

(f) The division shall issue a decision not more than sixty (60) calendar days after the conclusion of the hearing.

As added by P.L.53-2018, SEC.13. Amended by P.L.183-2021, SEC.11.

IC 12-17.2-6-18Incomplete application Sec. 18. The division may not act on an incomplete application for registration under this chapter. The division shall return an incomplete registration application with a notation as to omissions. The return of an incomplete registration application is without prejudice.

As added by P.L.53-2018, SEC.14.

IC 12-17.2-6-19Revocation of registration; causes Sec. 19. (a) The following constitute sufficient grounds for revocation of a registration under this chapter:

(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2.1-33) by:

(A) the operator of the child care ministry;

(B) an employee of the child care ministry who may be present on the premises of the child care ministry during operating hours of the child care ministry; or

(C) a volunteer of the child care ministry who may be present on the premises of the child care ministry during operating hours of the child care ministry.

(2) A criminal conviction of the operator of the child care ministry, or an employee or volunteer of the child care ministry who may be present on the premises of the child care ministry during operating hours of the child care ministry, of any of the following:

(A) A felony:

(i) related to the health or safety of a child;

(ii) that is a sex offense (as defined in IC 11-8-8-5.2);

(iii) that is a dangerous felony; or

(B) A misdemeanor related to the health or safety of a child.

(3) A determination by the division that the operator of the child care ministry made false statements in the child care ministry's registration application.

(4) A determination by the division that the operator of the child care ministry made false statements in the records required by the division.

(5) A determination by the division that the operator of the child care ministry previously operated a:

(A) child care ministry without a registration under this chapter;

(B) child care center without a license under IC 12-17.2-4; or

(6) A determination by the division that the operator of the child care ministry has failed to comply with an order of the department of homeland security.

(b) Notwithstanding subsection (a)(2), if:

(1) a registration is revoked due to a criminal conviction of an employee or a volunteer of the child care ministry; and

(2) the division determines that the employee or volunteer has been dismissed by the child care ministry;

the criminal conviction of the former employee or former volunteer does not require revocation of the registration.

As added by P.L.53-2018, SEC.15. Amended by P.L.121-2020, SEC.12; P.L.28-2026, SEC.29; P.L.145-2026, SEC.84.

IC 12-17.2-6-20Emergency or temporary order requiring cessation of operation Sec. 20. (a) The division shall adopt rules under IC 4-22-2 to establish a list of violations of this article that would pose an immediate threat to the life or well-being of a child in the care of a child care ministry.

(b) If an employee or agent of the division determines that a violation described in subsection (a) exists, the division shall:

(1) issue an emergency or other temporary order under IC 4-21.5-4 requiring the operator to immediately cease operation of the child care ministry; and

(2) contact the parent or guardian of each child enrolled in the child care ministry to inform the parent or guardian:

(A) that the division has issued an order to require the operator to cease operation of the child care ministry; and

(B) of the reason for the order to cease operation;

pending the outcome of proceedings conducted under sections 22 through 25 of this chapter.

(c) An emergency or other temporary order issued by an employee or agent of the division must be approved by the director.

(d) An approval under subsection (c) may be communicated orally to the employee or agent issuing the order. However, the division shall maintain a written record of the approval.

As added by P.L.53-2018, SEC.16.

IC 12-17.2-6-21Enforcement actions Sec. 21. (a) The operator of a child care ministry:

(1) shall operate the child care ministry in compliance with the rules established under this article; and

(2) is subject to the disciplinary actions under subsection (b) if the division finds that the operator of the child care ministry has violated this article.

(b) If the division finds that the operator of a child care ministry has committed a violation described in subsection (a), the division may, after complying with the procedural provisions of sections 22 through 25 of this chapter:

(1) suspend the child care ministry's registration for not more than six (6) months; or

(2) revoke the child care ministry's registration.

As added by P.L.53-2018, SEC.17.

IC 12-17.2-6-22Notice of enforcement action Sec. 22. (a) Except as provided in section 20 of this chapter, the division shall give the operator of a child care ministry thirty (30) calendar days written notice of an enforcement action. The division shall send the notice by electronic mail to the electronic mail address provided in the child care ministry's application for the license, and include in the notice a request that the child care ministry confirm receipt of the notice by electronic mail sent to an electronic mail address specified in the notice. If the child care ministry does not confirm receipt of the notice by electronic mail not later than three (3) working days after the division sends the notice, the division shall provide the notice to the child care ministry by certified mail or personal service.

(b) The operator of the child care ministry must also be provided with the opportunity for an informal meeting with the division. The operator of the child care ministry must request the informal meeting not more than ten (10) working days after:

(1) the child care ministry confirms receipt of the notice sent by electronic mail under subsection (a); or

(2) the division:

(A) mails the notice to the child care ministry; or

(B) provides the notice to the child care ministry by personal service;

under subsection (a).

As added by P.L.53-2018, SEC.18. Amended by P.L.183-2021, SEC.12.

IC 12-17.2-6-23Hearing Sec. 23. (a) An administrative hearing concerning the decision of the division to impose a sanction under this chapter must be provided upon a written request by the child care ministry. The request must be made not more than thirty (30) calendar days after the child care ministry receives notice under section 20 or 22 of this chapter. The written request must be made separately from an informal meeting request made under section 22 of this chapter.

(b) An administrative hearing requested under subsection (a) must be held not more than sixty (60) calendar days after the division receives the written request.

As added by P.L.53-2018, SEC.19.

IC 12-17.2-6-24Hearing procedure Sec. 24. A hearing requested under section 23 of this chapter must be held in accordance with IC 4-21.5-3.

As added by P.L.53-2018, SEC.20.

IC 12-17.2-6-25Issuance of enforcement decision Sec. 25. The division shall issue a decision not more than sixty (60) calendar days after the conclusion of a hearing held under section 23 of this chapter.

As added by P.L.53-2018, SEC.21.

IC 12-17.2-6-26Suspension of registration; cessation of operation Sec. 26. If the registration of a child care ministry under this chapter is suspended, the child care ministry shall cease operation and may not display the registration.

As added by P.L.53-2018, SEC.22.

IC 12-17.2-6-27Reinstatement of suspended registration; corrective action Sec. 27. To reinstate a suspended registration under this chapter the following must occur:

(1) The operator of the child care ministry must, not more than thirty (30) days after receiving the notice of the suspension under section 22 of this chapter, submit a plan of corrective action to the division for approval.

(2) The plan of corrective action must outline the steps and timetable for immediate correction of the violations that caused the division to suspend the registration.

(3) The plan of corrective action must be approved by the division.

As added by P.L.53-2018, SEC.23.

IC 12-17.2-6-28Actions following suspension of registration Sec. 28. Following the suspension of a registration under this chapter, the division shall do one (1) of the following:

(1) Reinstate the registration for the term of the original registration.

(2) Revoke the registration.

(3) Issue a new registration.

(4) Deny a reapplication for registration.

As added by P.L.53-2018, SEC.24.

IC 12-17.2-6-29Revocation of registration; cessation of operation Sec. 29. If the registration of a child care ministry under this chapter is revoked, the child care ministry shall cease operation.

As added by P.L.53-2018, SEC.25.

IC 12-17.2-6-30Notice of suspension or revocation Sec. 30. (a) After the registration of a child care ministry under this chapter is revoked or suspended, the division shall:

(1) publish notice under IC 5-3-1; and

(2) send written notice to each person responsible for a child in care;

of the revocation or suspension.

(b) The written notice sent under subsection (a) must:

(1) be sent to the last known address of the person responsible for the child in care; and

(2) state that the registration of the child care ministry has been revoked or suspended.

As added by P.L.53-2018, SEC.26.

IC 12-17.2-6-31Judicial review Sec. 31. A final decision of the division made after a hearing under this chapter is subject to judicial review under IC 4-21.5-5.

As added by P.L.53-2018, SEC.27.

IC 12-17.2-6-32Class B misdemeanor Sec. 32. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor.

As added by P.L.53-2018, SEC.28.

IC 12-17.2-7.2Chapter 7.2. Prekindergarten Program

12-17.2-7.2-0.4"CCDF" 12-17.2-7.2-0.5"Child care employee" 12-17.2-7.2-0.6"Child of a child care employee" 12-17.2-7.2-1"Eligible child" 12-17.2-7.2-2"Eligible provider" 12-17.2-7.2-2.1"Extended enrollment period" 12-17.2-7.2-2.5"Limited eligibility child" 12-17.2-7.2-3"Office" 12-17.2-7.2-4"Paths to QUALITY program" 12-17.2-7.2-4.7"Fund" 12-17.2-7.2-5"Prekindergarten program" 12-17.2-7.2-5.5"Potential eligible provider or existing eligible provider" 12-17.2-7.2-5.7"Priority enrollment period" 12-17.2-7.2-6"Qualified early education services" 12-17.2-7.2-7Prekindergarten program; establishment; administration; prekindergarten vouchers and provider expansion grants 12-17.2-7.2-7.1Repealed 12-17.2-7.2-7.2Eligibility for prekindergarten vouchers; parent or guardian requirements and agreement; priority for prekindergarten vouchers 12-17.2-7.2-7.3Eligible provider agreement 12-17.2-7.2-7.4Potential eligible provider or existing eligible provider requirements; expansion plans; agreement; restrictions; repayment for noncompliance; federal grants 12-17.2-7.2-7.5Rules 12-17.2-7.2-7.6Monitoring educational outcomes of expansion plans; report 12-17.2-7.2-7.8Random onsite inspections; determination of ineligibility 12-17.2-7.2-8Eligibility determinations; amount of prekindergarten voucher or grant; funding from donations and gifts 12-17.2-7.2-8.1Prekindergarten voucher amount for limited eligibility children; priority enrollment period and extended enrollment period 12-17.2-7.2-9Repealed 12-17.2-7.2-10Application for federal waivers 12-17.2-7.2-11Effect of prekindergarten voucher on eligibility for choice scholarship 12-17.2-7.2-12Requirement for longitudinal study 12-17.2-7.2-13Reporting requirements 12-17.2-7.2-13.1Monthly informational report 12-17.2-7.2-13.5Prekindergarten program fund 12-17.2-7.2-14Repealed

IC 12-17.2-7.2-0.4"CCDF" Sec. 0.4. As used in this chapter, "CCDF" refers to the federal Child Care and Development Fund program administered under 45 CFR 98 and 45 CFR 99.

As added by P.L.92-2024, SEC.10.

IC 12-17.2-7.2-0.5"Child care employee" Sec. 0.5. As used in this chapter, "child care employee" means an individual who:

(1) receives compensation as a full-time employee of an entity licensed or regulated under this article, as determined by the office; or

(2) receives compensation as a part-time employee of an entity licensed or regulated under this article while also pursuing postsecondary study or educational training in child care or early childhood education, as determined by the office.

As added by P.L.92-2024, SEC.11.

IC 12-17.2-7.2-0.6"Child of a child care employee" Sec. 0.6. As used in this chapter, "child of a child care employee" means an individual who:

(1) is at least four (4) years of age and less than five (5) years of age on August 1 of the state fiscal year for which a prekindergarten voucher is sought for the individual under the prekindergarten program;

(2) is a resident of Indiana or otherwise has legal settlement in Indiana, as determined under IC 20-26-11;

(3) receives qualified early education services from an eligible provider, as determined by the office;

(4) has a parent or guardian who agrees to ensure that the child meets the attendance requirements determined by the office;

(5) resides with a parent or guardian who is a child care employee, as determined by the office;

(6) has a household income that does not exceed eighty-five percent (85%) of Indiana's state median income for the household's family size; and

(7) meets the requirements of section 7.2(c) of this chapter.

As added by P.L.92-2024, SEC.12.

IC 12-17.2-7.2-1"Eligible child" Sec. 1. As used in this chapter, "eligible child" refers to an individual who:

(1) in the case of an individual who is enrolled before May 1, 2025:

(A) is at least four (4) years of age and less than five (5) years of age on August 1 of the state fiscal year for which a grant is sought under the prekindergarten program;

(B) is a resident of Indiana or otherwise has legal settlement in Indiana, as determined under IC 20-26-11;

(C) is a member of a household with an annual income that does not exceed one hundred fifty percent (150%) of the federal poverty level;

(D) receives qualified early education services from an eligible provider, as determined by the office;

(E) has a parent or guardian who participates in a parental engagement and involvement component provided by the eligible provider;

(F) has a parent or guardian who agrees to ensure that the child meets the attendance requirements determined by the office; and

(G) meets the requirements under section 7.2(a) and 7.2(c) of this chapter; and

(2) in the case of an individual who is enrolled on or after May 1, 2025:

(A) is at least four (4) years of age and less than five (5) years of age on August 1 of the state fiscal year for which a grant is sought under the prekindergarten program;

(B) is a resident of Indiana or otherwise has legal settlement in Indiana, as determined under IC 20-26-11;

(C) is a member of a household with an annual income that does not exceed one hundred thirty-five percent (135%) of the federal poverty level;

(D) receives qualified early education services from an eligible provider, as determined by the office;

(E) has a parent or guardian who participates in a parental engagement and involvement component provided by the eligible provider;

(F) has a parent or guardian who agrees to ensure that the child meets the attendance requirements determined by the office; and

(G) meets the requirements under section 7.2(a) and 7.2(c) of this chapter.

As added by P.L.202-2014, SEC.2. Amended by P.L.184-2017, SEC.13; P.L.268-2019, SEC.1; P.L.201-2023, SEC.138; P.L.1-2025, SEC.173; P.L.213-2025, SEC.121.

IC 12-17.2-7.2-2"Eligible provider" Sec. 2. As used in this chapter, "eligible provider" refers to a provider that satisfies the following conditions:

(1) The provider is:

(A) a:

(i) child care center licensed under IC 12-17.2-4;

(ii) child care home licensed under IC 12-17.2-5; or

(iii) child care ministry registered under IC 12-17.2-6;

that meets the standards of quality recognized by a Level 3 or Level 4 paths to QUALITY program rating;

(B) a public school, including a charter school;

(C) a nonpublic school that is accredited by the state board of education or a national or regional accreditation agency that is recognized by the state board of education; or

(D) a nonpublic school that is accredited to provide qualified early education services by an accrediting agency approved by the office of the secretary.

(2) The provider:

(A) provides qualified early education services to eligible children, limited eligibility children, and children of child care employees;

(B) complies with the agreement with the office concerning the delivery of qualified education services and the use of a prekindergarten voucher provided under this chapter; and

As added by P.L.202-2014, SEC.2. Amended by P.L.169-2016, SEC.1; P.L.184-2017, SEC.14; P.L.268-2019, SEC.2; P.L.92-2024, SEC.13.

IC 12-17.2-7.2-2.1"Extended enrollment period" Sec. 2.1. As used in this chapter, "extended enrollment period" refers to the period set forth by the office beginning not later than June 1 of each calendar year.

As added by P.L.268-2019, SEC.3.

IC 12-17.2-7.2-2.5"Limited eligibility child" Sec. 2.5. As used in this chapter, "limited eligibility child" refers to an individual who:

(2) is a resident of Indiana or otherwise has legal settlement in Indiana, as determined under IC 20-26-11;

(3) receives qualified early education services from an eligible provider, as determined by the office;

(4) has a parent or guardian who agrees to ensure that the child meets the attendance requirements determined by the office;

(5) has a parent or guardian who participates in a parental engagement and involvement component provided by the eligible provider;

(6) is a member of a household with an annual income that does not exceed one hundred eighty-five percent (185%) of the federal poverty level;

(7) meets the requirements of section 7.2(b) and 7.2(c) of this chapter; and

(8) is not an eligible child or a child of a child care employee.

As added by P.L.268-2019, SEC.4. Amended by P.L.246-2023, SEC.8; P.L.92-2024, SEC.14.

IC 12-17.2-7.2-3"Office" Sec. 3. As used in this chapter, "office" means the office of the secretary of family and social services.

As added by P.L.202-2014, SEC.2.

IC 12-17.2-7.2-4"Paths to QUALITY program" Sec. 4. As used in this chapter, "paths to QUALITY program" has the meaning set forth in IC 12-17.2-2-14.2(b).

As added by P.L.202-2014, SEC.2.

IC 12-17.2-7.2-4.7"Fund" Sec. 4.7. As used in this chapter, "fund" refers to the prekindergarten program fund established by section 13.5 of this chapter.

As added by P.L.184-2017, SEC.15. Amended by P.L.246-2023, SEC.9.

IC 12-17.2-7.2-5"Prekindergarten program" Sec. 5. As used in this chapter, "prekindergarten program" refers to the prekindergarten program established under section 7 of this chapter.

As added by P.L.202-2014, SEC.2. Amended by P.L.184-2017, SEC.16; P.L.246-2023, SEC.10.

IC 12-17.2-7.2-5.5"Potential eligible provider or existing eligible provider" Sec. 5.5. As used in this chapter, "potential eligible provider or existing eligible provider" refers to an entity that qualifies as a potential eligible provider or existing eligible provider under section 7.4(a) of this chapter.

As added by P.L.184-2017, SEC.17.

IC 12-17.2-7.2-5.7"Priority enrollment period" Sec. 5.7. As used in this chapter, "priority enrollment period" refers to the period set forth by the office beginning not later than April 1 of each calendar year, except for calendar year 2024, during which the priority enrollment period may begin later than April 1, 2024.

As added by P.L.268-2019, SEC.5. Amended by P.L.216-2021, SEC.4; P.L.92-2024, SEC.15.

IC 12-17.2-7.2-6"Qualified early education services" Sec. 6. As used in this chapter, "qualified early education services" refers to a program of early education services that:

(1) is provided by an eligible provider to:

(A) an eligible child;

(B) a limited eligibility child; or

(2) includes a parental engagement and involvement component in the delivery of early education services that is based on the requirements and guidelines established by the office;

(3) administers the kindergarten readiness assessment adopted by the state board of education;

(4) aligns with the early learning development framework for prekindergarten approved by the department of education; and

(5) meets the design parameters for inclusion in the longitudinal study described in section 12 of this chapter, as determined by the office.

As added by P.L.202-2014, SEC.2. Amended by P.L.184-2017, SEC.18; P.L.268-2019, SEC.6; P.L.92-2024, SEC.16; P.L.214-2025, SEC.7.

IC 12-17.2-7.2-7Prekindergarten program; establishment; administration; prekindergarten vouchers and provider expansion grants Sec. 7. (a) The prekindergarten program is established to provide:

(1) prekindergarten vouchers for qualified early education services in a manner consistent with how funds are distributed under the CCDF child care voucher program; and

(2) grants for expansion plans as described in section 7.4(a)(2) of this chapter.

(b) The office shall administer the prekindergarten program. The prekindergarten program may include:

(1) eligible providers in Indiana; and

(2) potential eligible providers or existing eligible providers as described in section 7.4 of this chapter.

(c) Beginning July 1, 2020, the total number of prekindergarten vouchers provided during the immediately preceding state fiscal year shall include the number of prekindergarten vouchers issued under a preschool program established in March 2015 that operates in a consolidated city.

(d) The prekindergarten program includes eligible providers in any county in Indiana.

(e) Subject to the requirements of this chapter, the office shall determine:

(1) the eligibility requirements, application process, and selection process for providing prekindergarten vouchers under the prekindergarten program and awarding grants under section 7.4 of this chapter;

(2) the administration and reporting requirements for:

(A) eligible providers; and

(B) potential eligible providers or existing eligible providers;

participating in the prekindergarten program; and

(3) with the assistance of the early learning advisory committee, an appropriate outcomes based accountability system for:

(A) eligible providers; and

(B) potential eligible providers or existing eligible providers.

(f) The office shall, subject to the availability of funding, determine the number of eligible children, limited eligibility children, and children of child care employees who will participate in the prekindergarten program.

As added by P.L.202-2014, SEC.2. Amended by P.L.184-2017, SEC.19; P.L.268-2019, SEC.7; P.L.246-2023, SEC.11; P.L.92-2024, SEC.17.

IC 12-17.2-7.2-7.1RepealedAs added by P.L.184-2017, SEC.20. Repealed by P.L.268-2019, SEC.8.

IC 12-17.2-7.2-7.2Eligibility for prekindergarten vouchers; parent or guardian requirements and agreement; priority for prekindergarten vouchers Sec. 7.2. (a) For an eligible child to qualify for a prekindergarten voucher under this chapter, the eligible child must reside with a parent or guardian who is working or attending a job training or an educational program.

(b) For a limited eligibility child to qualify for a prekindergarten voucher under this chapter, the limited eligibility child must reside with a parent or guardian who:

(1) is working or attending a job training or an educational program; or

(2) receives Social Security Disability Insurance, Supplemental Security Income benefits, or disability benefits from the United States Department of Veterans Affairs.

(c) Before the office may provide a prekindergarten voucher to an eligible child, a limited eligibility child, or a child of a child care employee under this chapter, the office shall require that a parent or guardian of the child agree to the following:

(1) The child will attend the prekindergarten program of an eligible provider selected by the parent or guardian for the full duration of the prekindergarten program year.

(2) The parent or guardian will not transfer to another prekindergarten program during the prekindergarten program year.

(3) The child will attend the prekindergarten program at least eighty-five percent (85%) of the days that the prekindergarten program is provided.

(4) The parent or guardian will allow the child to participate in an external evaluation conducted by researchers, including the kindergarten readiness assessment and measuring of developmental and academic progress.

(5) The parent or guardian will participate in family engagement and involvement activities offered by the selected prekindergarten program, including meetings with the child's teacher to discuss the child's progress or any other conference concerning the child that is requested by the eligible provider.

(6) The parent or guardian will complete the necessary forms for the child to receive a student test number from the department of education.

(7) The parent or guardian will send the child to kindergarten.

(8) The parent or guardian will read to the child each week.

(9) Any other condition the office determines is appropriate.

(d) Priority shall be given to a child of a child care employee under this section.

(e) Priority may be given to an eligible or limited eligibility child under this section if a parent or guardian of the eligible or limited eligibility child is:

(1) involved in activities that improve the parent's or guardian's education; or

(2) involved in job training.

As added by P.L.184-2017, SEC.21. Amended by P.L.268-2019, SEC.9; P.L.92-2024, SEC.18; P.L.213-2025, SEC.122; P.L.23-2026, SEC.90.

IC 12-17.2-7.2-7.3Eligible provider agreement Sec. 7.3. The office shall require, for an eligible provider to enroll in the prekindergarten program, that the eligible provider agree to the following:

(1) Comply on a continuing basis with the requirements under this chapter and rules for participation established by the office.

(2) Maintain eligibility under this chapter throughout the prekindergarten program year.

(3) Report immediately any changes in eligibility status to the office, including the eligible provider's loss of national or regional accreditation.

(4) Participate in any training and mandatory meetings required by the office.

(5) Participate in all onsite visits conducted by the office, including fiscal auditing activities with regard to the prekindergarten program and prekindergarten program activity monitoring.

(6) Allow the family of an eligible child, a limited eligibility child, or a child of a child care employee enrolled in the prekindergarten program of the eligible provider to visit at any time the prekindergarten program is in operation.

(7) Maintain accurate online attendance records through the attendance portal for eligible children, limited eligibility children, and children of child care employees enrolled in the prekindergarten program and submit attendance records as required by the office.

(8) Offer parental engagement and involvement activities in the prekindergarten program of the eligible provider in alignment with the family engagement framework adopted by the early learning advisory committee established by IC 12-17.2-3.8-5.

(9) Complete, within the period established by the office, the Indiana early childhood family engagement toolkit, including the family engagement self-assessment, adopted by the early learning advisory committee.

(10) Share information on the family engagement self-assessment described in subdivision (9) as required by the office.

(11) Participate in research studies as required by the office.

(12) Enforce minimum attendance requirements of at least eighty-five percent (85%) of the days that the prekindergarten program of the eligible provider is offered to an eligible child, a limited eligibility child, or a child of a child care employee.

(13) Inform the office that an eligible child, a limited eligibility child, or a child of a child care employee has withdrawn from the prekindergarten program of the eligible provider not later than five (5) days after the child is withdrawn.

(14) That retroactive repayment to the state may be required or future payments may be adjusted as a result of the withdrawal of an eligible child, a limited eligibility child, or a child of a child care employee or changes in the law.

(15) Maintain records of participation by the family of an eligible child, a limited eligibility child, or a child of a child care employee in family engagement activities and submit records as required by the office.

(16) Promote the social, emotional, and behavioral health of an eligible child, a limited eligibility child, or a child of a child care employee and eliminate or severely limit the use of expulsion, suspension, and other exclusionary discipline practices.

(17) Use the exclusionary discipline practices described in subdivision (16) only as a last resort in extraordinary circumstances when there is a determination of a serious safety threat that cannot otherwise be reduced or eliminated by the provision of reasonable modifications.

(18) Inform and receive approval from the office before the eligible provider expels, suspends, or uses other exclusionary discipline practices.

(19) Assist a parent or guardian, upon request by the parent or guardian, in obtaining information from, referral to, or both information from and referral to, the public school that serves the attendance area in which the parent or guardian resides for an educational evaluation and determination of eligibility for special education services if developmental delays or reasons to suspect a disability are observed by the parent, guardian, or teacher of an eligible child, a limited eligibility child, or a child of a child care employee during the prekindergarten program year.

As added by P.L.184-2017, SEC.22. Amended by P.L.268-2019, SEC.10; P.L.246-2023, SEC.12; P.L.92-2024, SEC.19.

IC 12-17.2-7.2-7.4Potential eligible provider or existing eligible provider requirements; expansion plans; agreement; restrictions; repayment for noncompliance; federal grants Sec. 7.4. (a) To qualify as a potential eligible provider or existing eligible provider, an applicant must:

(1) provide an expansion plan to the office that details the potential eligible provider's or existing eligible provider's plan to:

(A) increase the capacity of providers of qualified early education services to serve a greater number of eligible or limited eligibility children;

(B) increase the number of providers of qualified early education services; or

(2) comply with the agreement with the office concerning the plan under subdivision (1) and the use of a grant awarded under this chapter;

(3) agree:

(A) to operate as an eligible provider; or

(B) that the applicant intends to operate as an eligible provider;

(4) agree that the applicant will not use any grant funds awarded under this section for capital expenditures; and

(5) comply with any other standards and procedures established under this chapter.

(b) Subject to subsections (c) and (d), the office may award a grant to an applicant that meets the requirements of subsection (a).

(1) for grants awarded under this chapter to potential eligible providers and existing eligible providers for expansion plans; and

(2) to meet any state match amounts required for a federal grant described in subsection (f).

(d) The office may not award grant funds under this section to an applicant for any of the following:

(1) The purchase of land or a building.

(2) The construction or expansion of a building.

(e) If a potential eligible provider or existing eligible provider fails to:

(1) use the grant funds in accordance with the expansion plan described in subsection (a); or

(2) comply with the agreement entered into with the office under subsection (a);

the potential eligible provider or existing eligible provider shall repay to the office the total amount of the grant awarded to the potential eligible provider or existing eligible provider under this chapter.

(f) The office may use money in the fund that is allocated for expansion plans under this section for a state fiscal year to meet any state match amounts required for a federal grant if the purpose of the federal grant is that the grant money be used for increasing:

(1) the capacity;

(2) the number; or

(3) both the capacity and number;

of providers of early education services for children four (4) years of age.

As added by P.L.184-2017, SEC.23. Amended by P.L.268-2019, SEC.11; P.L.246-2023, SEC.13.

IC 12-17.2-7.2-7.5Rules Sec. 7.5. The office may adopt rules under IC 4-22-2 concerning the implementation and the administration of the prekindergarten program.

As added by P.L.35-2016, SEC.49. Amended by P.L.184-2017, SEC.24; P.L.246-2023, SEC.14.

IC 12-17.2-7.2-7.6Monitoring educational outcomes of expansion plans; report Sec. 7.6. (a) The office shall monitor the educational outcomes resulting from the implementation of expansion plans described in section 7.4(a) of this chapter by potential eligible providers or existing eligible providers that receive a grant under this chapter over the period established by the office to evaluate the contribution that the expansion plans make toward improved educational outcomes.

(b) Beginning in 2018, the office shall annually provide the:

(1) governor; and

(2) legislative council in an electronic format under IC 5-14-6;

a report of the findings of the office concerning the educational outcomes under subsection (a).

As added by P.L.184-2017, SEC.25.

IC 12-17.2-7.2-7.8Random onsite inspections; determination of ineligibility Sec. 7.8. (a) The office shall make random onsite inspections each year, as determined necessary by the office, at the facility of:

(1) an eligible provider that receives a prekindergarten voucher under this chapter; or

(2) a potential eligible provider or existing eligible provider that receives a grant under section 7.4 of this chapter.

(b) The office may determine that an eligible provider is not eligible to receive a prekindergarten voucher under the prekindergarten program or that a potential eligible provider or existing eligible provider is not eligible to receive a grant under section 7.4 of this chapter if the eligible provider or the potential eligible provider or existing eligible provider:

(1) fails to comply with this chapter; or

(2) refuses to allow, during normal business hours, the office or an agent of the office to inspect the facility at which the eligible provider or potential eligible provider or existing eligible provider operates a child care program for eligible children, limited eligibility children, or children of child care employees.

As added by P.L.184-2017, SEC.26. Amended by P.L.268-2019, SEC.12; P.L.246-2023, SEC.15; P.L.92-2024, SEC.20.

IC 12-17.2-7.2-8Eligibility determinations; amount of prekindergarten voucher or grant; funding from donations and gifts Sec. 8. (a) The office shall determine:

(1) which applicants shall be provided a:

(A) prekindergarten voucher under this chapter; or

(B) grant under section 7.4 of this chapter; and

(2) subject to subsection (b) and to the availability of funding, the amount of each prekindergarten voucher or grant.

(b) At least five percent (5%) but not more than fifty percent (50%) of the:

(1) tuition for eligible or limited eligibility children under the prekindergarten program; or

(2) expansion plan described in section 7.4(a) of this chapter;

during the state fiscal year must be paid from donations, gifts, grants, bequests, and other funds received from a private entity or person, from the United States government, or from other sources (excluding funds from a prekindergarten voucher or grant provided under this chapter and excluding other state funding). The office may receive and administer grants on behalf of the prekindergarten program. The grants shall be distributed by the office to fulfill the requirements of this subsection.

(c) The amount of a prekindergarten voucher provided under the prekindergarten program to an eligible child, a limited eligibility child, or a child of a child care employee:

(1) who attends a prekindergarten program full time must equal at least two thousand five hundred dollars ($2,500) during the state fiscal year; and

(2) may not exceed six thousand eight hundred dollars ($6,800) from state money provided under this chapter during the state fiscal year.

As added by P.L.202-2014, SEC.2. Amended by P.L.85-2017, SEC.61; P.L.184-2017, SEC.27; P.L.268-2019, SEC.13; P.L.92-2024, SEC.21.

IC 12-17.2-7.2-8.1Prekindergarten voucher amount for limited eligibility children; priority enrollment period and extended enrollment period Sec. 8.1. (a) If funds are appropriated by the general assembly, prekindergarten vouchers provided to limited eligibility children may not exceed:

(1) twenty percent (20%) of the amount appropriated for a particular state fiscal year if families with children four (4) years of age are on the waiting list for funds available under the CCDF; or

(2) forty percent (40%) of the amount appropriated for a particular state fiscal year if there is no waiting list for children four (4) years of age for funds available under the CCDF.

(b) During the priority enrollment period, the office shall provide prekindergarten vouchers to eligible children and children of child care employees in the prekindergarten program on a first-come, first-served basis. The office shall date stamp and reserve applications for limited eligibility children received during the priority enrollment period for processing during the extended enrollment period.

(c) During the extended enrollment period, the office shall provide prekindergarten vouchers to eligible children, children of child care employees, and limited eligibility children in the prekindergarten program on a first-come, first-served basis to the extent of available funding and in accordance with the limit established by subsection (a).

As added by P.L.268-2019, SEC.14. Amended by P.L.216-2021, SEC.5; P.L.246-2023, SEC.16; P.L.92-2024, SEC.22.

IC 12-17.2-7.2-9RepealedAs added by P.L.202-2014, SEC.2. Repealed by P.L.85-2017, SEC.62.

IC 12-17.2-7.2-10Application for federal waivers Sec. 10. The office shall apply for any available waivers under the federal CCDF voucher program and the federal Head Start program.

As added by P.L.202-2014, SEC.2. Amended by P.L.92-2024, SEC.23.

IC 12-17.2-7.2-11Effect of prekindergarten voucher on eligibility for choice scholarship Sec. 11. The receipt of a prekindergarten voucher under the prekindergarten program does not qualify, nor have an effect on the qualification or eligibility, of a child for a choice scholarship under IC 20-51-4.

As added by P.L.202-2014, SEC.2. Amended by P.L.184-2017, SEC.28; P.L.165-2021, SEC.142; P.L.201-2023, SEC.139; P.L.246-2023, SEC.17; P.L.9-2024, SEC.335; P.L.92-2024, SEC.24.

IC 12-17.2-7.2-12Requirement for longitudinal study Sec. 12. (a) At least once every five (5) years, the office, in cooperation with the department of education, shall carry out a longitudinal study of students who participate in the prekindergarten program to determine the achievement levels of those students in kindergarten and later grades.

(b) The longitudinal study must include a comparison of test and assessment results in grade 3 of:

(1) the eligible children who participated in the prekindergarten program; and

(2) a control group determined by the office that consists of children who did not participate in the prekindergarten program.

(c) The office may, after consulting with the state board of education, enter into a contract with one (1) or more persons to carry out the longitudinal study under this section. The office may expend not more than one million dollars ($1,000,000) from the funds appropriated under section 9 of this chapter (repealed) to carry out the longitudinal study.

As added by P.L.202-2014, SEC.2. Amended by P.L.85-2017, SEC.63; P.L.184-2017, SEC.29; P.L.246-2023, SEC.18.

IC 12-17.2-7.2-13Reporting requirements Sec. 13. (a) The office shall, before November 1 of each year, submit a report to the governor, the budget committee, the state board of education, the department of education, and, in an electronic format under IC 5-14-6, the general assembly regarding the prekindergarten program.

(b) The report under subsection (a) must include the following:

(1) The total number of children who received a prekindergarten voucher under the prekindergarten program for the immediately preceding state fiscal year, disaggregated by county.

(2) The total amount of funds budgeted for and spent under the prekindergarten program during the immediately preceding state fiscal year.

(3) The balance remaining in the fund at the end of the immediately preceding state fiscal year.

As added by P.L.202-2014, SEC.2. Amended by P.L.184-2017, SEC.30; P.L.268-2019, SEC.15; P.L.246-2023, SEC.19; P.L.92-2024, SEC.25.

IC 12-17.2-7.2-13.1Monthly informational report Sec. 13.1. The office shall post monthly on the office's website the total enrollment of and number of prekindergarten vouchers awarded to:

(1) eligible children;

(2) limited eligibility children; and

(3) children of child care employees;

for each county that participates in the prekindergarten program.

As added by P.L.268-2019, SEC.16. Amended by P.L.246-2023, SEC.20; P.L.92-2024, SEC.26.

IC 12-17.2-7.2-13.5Prekindergarten program fund Sec. 13.5. (a) The prekindergarten program fund is established to:

(1) provide prekindergarten vouchers to eligible children, limited eligibility children, and children of child care employees for qualified early education services under this chapter;

(2) carry out the longitudinal study described in section 12 of this chapter;

(3) provide grants to potential eligible providers and existing eligible providers as set forth in section 7.4 of this chapter; and

(4) make payments to reimburse costs incurred to provide in-home early education services under IC 12-17.2-7.5.

(b) The fund consists of:

(1) money appropriated to the fund by the general assembly; and

(2) grants or gifts to the fund.

(d) The expenses of administering the fund shall be paid from money in the fund.

(e) Money in the fund is continuously appropriated for the purposes provided under this article.

(f) 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.

As added by P.L.184-2017, SEC.31. Amended by P.L.268-2019, SEC.17; P.L.108-2019, SEC.200; P.L.156-2020, SEC.60; P.L.246-2023, SEC.21; P.L.92-2024, SEC.27.

IC 12-17.2-7.2-14RepealedAs added by P.L.202-2014, SEC.2. Repealed by P.L.246-2023, SEC.22.

IC 12-17.2-7.5Chapter 7.5. Technology Based In-Home Early Education

12-17.2-7.5-1"In-home early education services" 12-17.2-7.5-2"Office" 12-17.2-7.5-3Review in-home early education services 12-17.2-7.5-4Reimbursement program; reimbursement rates; funding 12-17.2-7.5-5Longitudinal study; costs; requirements

IC 12-17.2-7.5-1"In-home early education services" Sec. 1. As used in this chapter, "in-home early education services" means a technology based program of early education that:

(1) is designed to improve a child's transition into elementary education;

(2) includes a parental engagement and involvement component;

(3) is provided to a child at the child's home or a similar home setting; and

(4) meets the design parameters for inclusion in the longitudinal study described in section 5 of this chapter, as determined by the office.

As added by P.L.184-2017, SEC.32.

IC 12-17.2-7.5-2"Office" Sec. 2. As used in this chapter, "office" refers to the office of the secretary of family and social services.

As added by P.L.184-2017, SEC.32.

IC 12-17.2-7.5-3Review in-home early education services Sec. 3. The office shall review in-home early education services that are available in Indiana.

As added by P.L.184-2017, SEC.32.

IC 12-17.2-7.5-4Reimbursement program; reimbursement rates; funding Sec. 4. (a) After completing the review under section 3 of this chapter, the office may develop and implement a reimbursement program to reimburse costs that are incurred by a parent or guardian of a child to provide in-home early education services to the child.

(b) If the office develops and implements a reimbursement program under subsection (a), the office may not give preference to a child located in a county that does not have a child care provider that meets the standards of quality recognized by a Level 3 or Level 4 Paths to QUALITY program rating located in the county.

(d) Reimbursement by the office under this section may be funded from any of the following sources:

(1) Federal grants.

(2) State appropriations.

(3) Money from a political subdivision (as defined in IC 36-1-2-13).

(4) Money from the prekindergarten program fund established by IC 12-17.2-7.2-13.5.

As added by P.L.184-2017, SEC.32. Amended by P.L.165-2021, SEC.143; P.L.246-2023, SEC.23.

IC 12-17.2-7.5-5Longitudinal study; costs; requirements Sec. 5. (a) If the office implements a reimbursement program under section 4(a) of this chapter, the office shall require the provider of the in-home early education services to contract with a third party to conduct a longitudinal study, as prescribed by the office, of students who receive the in-home early education services to determine the achievement levels of those students in kindergarten and later grades. The cost of the longitudinal study may not be paid by the office.

(b) The longitudinal study under this section must include a comparison of test and assessment results in grade 3 of:

(1) the children who received in-home early education services; and

(2) a control group that consists of children who did not receive in-home early education services.

(c) The provider of the in-home early education services shall provide the results of the longitudinal study under this section to the office.

As added by P.L.184-2017, SEC.32.

IC 12-17.2-7.6Chapter 7.6. Micro Facility Pilot Program

12-17.2-7.6-1"Micro facility" 12-17.2-7.6-2"Pilot program" 12-17.2-7.6-3Micro facility pilot program; establishment and administration; development of regulatory model; selection of participating licensees; expiration of waivers or variances 12-17.2-7.6-3.1Minimum number of participants selected for the pilot program 12-17.2-7.6-4Evaluation of regulatory model; report 12-17.2-7.6-5Expiration

IC 12-17.2-7.6-1"Micro facility" Sec. 1. As used in this chapter, "micro facility" means an entity licensed under this article that provides child care for not less than three (3) children and not more than thirty (30) children for at least four (4) hours per day.

As added by P.L.92-2024, SEC.28.

IC 12-17.2-7.6-2"Pilot program" Sec. 2. As used in this chapter, "pilot program" refers to the pilot program established under section 3 of this chapter.

As added by P.L.92-2024, SEC.28.

IC 12-17.2-7.6-3Micro facility pilot program; establishment and administration; development of regulatory model; selection of participating licensees; expiration of waivers or variances Sec. 3. (a) Not later than January 1, 2025, after soliciting and considering recommendations from appropriate stakeholders, the office of the secretary shall develop a regulatory model that:

(1) is applicable only to micro facilities;

(2) incorporates waivers or variances from the office of the secretary's rules applicable to providers under this article; and

(3) provides for a balance between the goals of:

(A) increasing the availability of child care, particularly in geographic areas facing a critical shortage of child care, by reducing the costs of operating a micro facility; and

(B) ensuring the health and safety of children for whom a micro facility provides child care.

(b) In determining waivers or variances to be incorporated under subsection (a)(2), the office of the secretary shall consider efficiencies such as:

(1) allowing a micro facility to be operated in either a residential or nonresidential building;

(2) prescribing educational requirements for staff members of a micro facility that are tailored to the needs of providing child care to groups of thirty (30) children or less; and

(3) allowing for supervision of children of diverse age groups in a manner that maximizes use of limited facility space.

(c) Not later than March 1, 2025, the office of the secretary shall establish and administer a pilot program under which:

(1) a licensee under IC 12-7-2.1-55 or IC 12-7-2.1-58 that:

(A) operates an existing micro facility; or

(B) proposes to begin operating a new micro facility not more than sixty (60) days after the date of the licensee's application under this subdivision;

may apply to participate in the pilot program in a manner prescribed by the office of the secretary;

(2) the office of the secretary shall select at least three (3) licensees that apply under subdivision (1) and:

(A) allow a selected licensee described in subdivision (1)(A) to operate the licensee's existing micro facility; and

(B) allow a selected licensee described in subdivision (1)(B) to operate the licensee's proposed micro facility;

under the regulatory model developed under subsection (a); and

(3) the office of the secretary shall:

(A) monitor the operation of the micro facilities operating under the regulatory model under subdivision (2); and

(B) evaluate the degree to which the operation of the micro facilities under the regulatory model serves the balance described in subsection (a)(3).

(d) The office of the secretary shall, to the extent practicable, select licensees for participation in the pilot program such that the micro facilities operated by the licensees are located in areas:

(1) that are geographically diverse from one another; and

(2) in which there exists a critical shortage of child care providers.

(e) A waiver or variance applied to a micro facility under this section expires on the earlier of:

(1) the date specified by the office of the secretary; or

(2) December 31, 2027.

As added by P.L.92-2024, SEC.28. Amended by P.L.122-2026, SEC.66; P.L.145-2026, SEC.85.

IC 12-17.2-7.6-3.1Minimum number of participants selected for the pilot program Sec. 3.1. If as of July 1, 2025:

(1) at least five (5) licensees have applied to participate in the pilot program under section 3(c)(1) of this chapter; and

(2) the office of the secretary has selected less than five (5) of the applicant licensees to participate in the pilot program under section 3(c)(2) of this chapter;

the office of the secretary shall, not later than July 1, 2025, and subject to section 3(d) of this chapter, select additional applicant licensees for participation in the pilot program such that at least five (5) licensees are participating in the pilot program.

As added by P.L.140-2025, SEC.5.

IC 12-17.2-7.6-4Evaluation of regulatory model; report Sec. 4. Not later than October 1, 2026, the office of the secretary shall do the following:

(1) Make a determination as to whether the operation of the micro facilities under the regulatory model developed under section 3(a) of this chapter served the balance described in section 3(a)(3) of this chapter.

(2) Based on the office of the secretary's determination under subdivision (1), make a determination as to whether the office of the secretary will adopt rules specific to micro facilities that incorporate some or all aspects of the regulatory model developed under section 3(a) of this chapter.

(3) Submit to the executive director of the legislative services agency, for distribution to the members of the general assembly, a report regarding the pilot program that describes the office of the secretary's determinations under subdivisions (1) and (2). The office of the secretary's report under this subdivision must be in an electronic format under IC 5-14-6.

As added by P.L.92-2024, SEC.28.

IC 12-17.2-7.6-5Expiration Sec. 5. This chapter expires January 1, 2028.

As added by P.L.92-2024, SEC.28. Amended by P.L.122-2026, SEC.67.

IC 12-17.4ARTICLE 17.4. REPEALEDRepealed by P.L.145-2006, SEC.376.

IC 12-17.5ARTICLE 17.5. REPEALEDRepealed by P.L.1-1994, SEC.66.

IC 12-17.6ARTICLE 17.6. CHILDREN'S HEALTH INSURANCE PROGRAM

Ch. 1.Definitions Ch. 2.Program Administration Ch. 3.Eligibility, Outreach, and Enrollment Ch. 4.Benefits, Crowd Out, and Cost Sharing Ch. 5.Provider Contracts Ch. 6.Provider Sanctions, Theft, Kickbacks, and Bribes Ch. 7.Funding Ch. 8.Appeals and Hearings Ch. 9.Confidentiality and Release of Information

IC 12-17.6-1Chapter 1. Definitions

12-17.6-1-1Applicability of definitions 12-17.6-1-2"Crowd out" 12-17.6-1-2.6"Emergency" 12-17.6-1-3"Fund" 12-17.6-1-4"Office" 12-17.6-1-5"Program" 12-17.6-1-6"Provider"

IC 12-17.6-1-1Applicability of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-1-2"Crowd out" Sec. 2. "Crowd out" means the extent to which:

(1) families substitute coverage offered under the program for employer sponsored health insurance coverage for children; or

(2) employers:

(A) reduce or eliminate health insurance benefits for children under an employer based health insurance plan; or

(B) increase the employee's share of the cost of benefits for children under an employer based health insurance plan relative to the total cost of the plan;

as a result of the program.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-1-2.6"Emergency" Sec. 2.6. "Emergency" means a medical condition that manifests itself by acute symptoms of such severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent lay person who possesses an average knowledge of health and medicine to:

(1) place an individual's health in serious jeopardy;

(2) result in serious impairment to the individual's bodily functions; or

(3) result in serious dysfunction of a bodily organ or part of the individual.

As added by P.L.95-2000, SEC.2. Amended by P.L.223-2001, SEC.12 and P.L.283-2001, SEC.32.

IC 12-17.6-1-3"Fund" Sec. 3. "Fund" refers to the children's health insurance program fund established by IC 12-17.6-7-1.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-1-4"Office" Sec. 4. "Office" refers to the office of Medicaid policy and planning established by IC 12-8-6.5-1.

As added by P.L.273-1999, SEC.177. Amended by P.L.35-2016, SEC.50.

IC 12-17.6-1-5"Program" Sec. 5. "Program" refers to the children's health insurance program established by IC 12-17.6-2.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-1-6"Provider" Sec. 6. "Provider" has the meaning set forth in IC 12-7-2.1-267(2).

As added by P.L.273-1999, SEC.177. Amended by P.L.241-2003, SEC.20; P.L.145-2026, SEC.86.

IC 12-17.6-2Chapter 2. Program Administration

12-17.6-2-1Administration of program 12-17.6-2-2Design and administration of health benefits coverage system 12-17.6-2-3Use of same factors as Medicaid managed care program for children 12-17.6-2-4Feasibility studies 12-17.6-2-5Program review requirements 12-17.6-2-6Performance criteria and monitoring 12-17.6-2-7Evaluation of program 12-17.6-2-7Evaluation of program 12-17.6-2-8Contracts with community entities 12-17.6-2-9Creative methods reflective of community level objectives 12-17.6-2-10Program to subsidize employer sponsored coverage 12-17.6-2-11Rules; transfer of rules 12-17.6-2-12Annual report 12-17.6-2-12Annual report

IC 12-17.6-2-1Administration of program Sec. 1. The secretary shall administer the children's health insurance program through the office of Medicaid policy and planning.

As added by P.L.273-1999, SEC.177. Amended by P.L.35-2016, SEC.51.

IC 12-17.6-2-2Design and administration of health benefits coverage system Sec. 2. The secretary, through the office, shall design and administer a system to provide health benefits coverage for children eligible for the program.

As added by P.L.273-1999, SEC.177. Amended by P.L.35-2016, SEC.52.

IC 12-17.6-2-3Use of same factors as Medicaid managed care program for children Sec. 3. To the greatest extent possible, the office shall use the same:

(1) eligibility determination;

(2) enrollment;

(3) provider networks; and

(4) claims payment systems;

as are used by the Medicaid managed care program for children.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-2-4Feasibility studies Sec. 4. The office shall evaluate the feasibility of the following:

(1) Establishing a program to subsidize employer sponsored coverage under the program.

(2) Expanding health insurance coverage under the program to other populations as provided under section 2105(c)(3) of the federal Social Security Act.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-2-5Program review requirements Sec. 5. Reviews of the program shall:

(1) be conducted in compliance with federal requirements; and

(2) include an analysis of the extent to which crowd out is occurring.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-2-6Performance criteria and monitoring Sec. 6. The office shall do the following:

(1) Establish performance criteria and evaluation measures.

(2) Monitor program performance.

(3) Adopt a formula that:

(A) specifies the premiums, if any, to be paid by the parent or guardian of a child enrolled in the program; and

(B) is based on the child's family income.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-2-7Evaluation of program Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 7. (a) The office shall contract with an independent organization to evaluate the program.

(b) The office shall report the results of each evaluation to the:

(1) children's health policy board established by IC 4-23-27-2; and

(2) interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6.

As added by P.L.273-1999, SEC.177. Amended by P.L.66-2002, SEC.11; P.L.205-2013, SEC.212; P.L.53-2014, SEC.111.

IC 12-17.6-2-7Evaluation of program Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 7. (a) The office shall contract with an independent organization to evaluate the program.

(b) The office shall report the results of each evaluation to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6.

As added by P.L.273-1999, SEC.177. Amended by P.L.66-2002, SEC.11; P.L.205-2013, SEC.212; P.L.53-2014, SEC.111; P.L.152-2026, SEC.203.

IC 12-17.6-2-8Contracts with community entities Sec. 8. The office may, in administering the program, contract with community entities, including private entities, for the following:

(1) Outreach for and enrollment in the managed care program.

(2) Provision of services.

(3) Consumer education and public health education.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-2-9Creative methods reflective of community level objectives Sec. 9. (a) The office shall incorporate creative methods, reflective of community level objectives and input, to do the following:

(1) Encourage beneficial and appropriate use of health care services.

(2) Pursue efforts to enhance provider availability.

(b) In determining the best approach for each area, the office shall do the following:

(1) Evaluate distinct market areas.

(2) Weigh the advantages and disadvantages of alternative delivery models, including the following:

(A) Risk based managed care only.

(B) Primary care gatekeeper model only.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-2-10Program to subsidize employer sponsored coverage Sec. 10. (a) The office may establish a program to subsidize employer sponsored coverage for:

(1) eligible individuals; and

(2) the families of eligible individuals;

consistent with federal law.

(b) If the office establishes a program under subsection (a), the employer sponsored benefit package must comply with federal law.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-2-11Rules; transfer of rules Sec. 11. (a) The secretary shall adopt rules under IC 4-22-2 to implement the program.

(b) A rule adopted before April 15, 2016, by the office of children's health insurance program is transferred to the office of the secretary.

As added by P.L.273-1999, SEC.177. Amended by P.L.35-2016, SEC.53; P.L.93-2024, SEC.114.

IC 12-17.6-2-12Annual report Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 12. Not later than April 1, the office shall provide a report describing the program's activities during the preceding calendar year to the:

(1) budget committee;

(2) legislative council;

(3) children's health policy board established by IC 4-23-27-2; and

(4) interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6.

A report provided under this section to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.273-1999, SEC.177. Amended by P.L.66-2002, SEC.12; P.L.28-2004, SEC.110; P.L.205-2013, SEC.213; P.L.53-2014, SEC.112.

IC 12-17.6-2-12Annual report Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 12. Not later than April 1, the office shall provide a report describing the program's activities during the preceding calendar year to the:

(1) budget committee;

(2) legislative council; and

(3) interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6.

A report provided under this section to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.273-1999, SEC.177. Amended by P.L.66-2002, SEC.12; P.L.28-2004, SEC.110; P.L.205-2013, SEC.213; P.L.53-2014, SEC.112; P.L.152-2026, SEC.204.

IC 12-17.6-3Chapter 3. Eligibility, Outreach, and Enrollment

12-17.6-3-1Applicability of chapter 12-17.6-3-2Eligibility requirements 12-17.6-3-2.4Assistance to child or pregnant woman who is not lawful permanent resident 12-17.6-3-2.5529 Education savings plan 12-17.6-3-3Termination of eligibility; continuous eligibility until 19 years of age 12-17.6-3-4Outreach strategies 12-17.6-3-5Enrollment

IC 12-17.6-3-1Applicability of chapter Sec. 1. This chapter does not apply until January 1, 2000.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-3-2Eligibility requirements Sec. 2. (a) To be eligible to enroll in the program, a child must meet the following requirements:

(1) The child is less than nineteen (19) years of age.

(2) The child is a member of a family with an annual income of:

(A) more than one hundred fifty percent (150%); and

(B) not more than:

(i) two hundred fifty percent (250%); or

(ii) the maximum percentage approved by the federal Centers for Medicare and Medicaid Services if the approved amount is less than two hundred fifty percent (250%);

of the federal income poverty level.

(3) The child is a resident of Indiana.

(4) The child meets all eligibility requirements under Title XXI of the federal Social Security Act.

(5) The child's family agrees to pay any cost sharing amounts required by the office.

(b) The office may adjust eligibility requirements based on available program resources under rules adopted under IC 4-22-2.

As added by P.L.273-1999, SEC.177. Amended by P.L.218-2007, SEC.41; P.L.117-2008, SEC.3; P.L.229-2011, SEC.146.

IC 12-17.6-3-2.4Assistance to child or pregnant woman who is not lawful permanent resident Sec. 2.4. (a) An individual who:

(1) is less than nineteen (19) years of age;

(2) is lawfully residing in the United States, as set forth in 42 U.S.C. 1396b(v)(4);

(3) is otherwise eligible for the program under this article; and

(4) meets any other requirement under federal law;

is entitled to receive assistance under this article without a waiting period as allowed under 42 U.S.C. 1397gg(e)(1).

(b) The office of the secretary shall apply for any amendment to the state's children's health insurance program or waiver necessary to implement this section.

As added by P.L.213-2023, SEC.3.

IC 12-17.6-3-2.5529 Education savings plan Sec. 2.5. Except as otherwise provided under federal law, the money in an account (as defined in IC 21-9-2-2) of an education savings program (as defined in IC 21-9-2-11) may not be considered as a resource or asset in determining an applicant's or recipient's eligibility for the program.

As added by P.L.70-2017, SEC.4.

IC 12-17.6-3-3Termination of eligibility; continuous eligibility until 19 years of age Sec. 3. (a) Subject to subsections (b) and (c), a child who is eligible for the program shall receive services from the program until the earlier of the following:

(1) The child becomes financially ineligible.

(2) The child becomes nineteen (19) years of age.

(b) Subsection (a) applies only if the child and the child's family comply with enrollment requirements.

(c) After a child who is less than nineteen (19) years of age is determined to be eligible for the program, the child is not required to submit eligibility information more frequently than once in a twelve (12) month period until the child becomes nineteen (19) years of age.

As added by P.L.273-1999, SEC.177. Amended by P.L.107-2002, SEC.25; P.L.218-2007, SEC.42; P.L.213-2023, SEC.4.

IC 12-17.6-3-4Outreach strategies Sec. 4. The office shall implement outreach strategies that build on community resources.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-3-5Enrollment Sec. 5. A child may, in any manner determined by the office, apply to receive health care services from the program if the child meets the eligibility requirements of section 2 of this chapter.

As added by P.L.273-1999, SEC.177. Amended by P.L.210-2015, SEC.55.

IC 12-17.6-4Chapter 4. Benefits, Crowd Out, and Cost Sharing

12-17.6-4-1Applicability of chapter 12-17.6-4-2Services covered; prohibition on treatment limitations or financial requirements; mental health services 12-17.6-4-2Services covered; prohibition on treatment limitations or financial requirements; mental health services 12-17.6-4-2.5Prescription drug requirements 12-17.6-4-3Limits on premium and cost sharing amounts 12-17.6-4-4Powers of office; cost sharing and crowd out 12-17.6-4-5Prohibited referrals; mechanisms to minimize incentive for employer to eliminate or reduce coverage 12-17.6-4-5Prohibited referrals; mechanisms to minimize incentive for employer to eliminate or reduce coverage 12-17.6-4-6Community health centers 12-17.6-4-7Selection of primary dental provider encouraged 12-17.6-4-8Use of generic drugs and preferred drug list required 12-17.6-4-10Repealed

IC 12-17.6-4-1Applicability of chapter Sec. 1. This chapter does not apply until January 1, 2000.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-4-2Services covered; prohibition on treatment limitations or financial requirements; mental health services Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 2. (a) The benefit package provided under the program shall focus on age appropriate preventive, primary, and acute care services.

(b) The office shall offer health insurance coverage for the following basic services:

(1) Inpatient and outpatient hospital services.

(2) Physicians' services provided by a physician (as defined in 42 U.S.C. 1395x(r)).

(3) Laboratory and x-ray services.

(4) Well-baby and well-child care, including:

(A) age appropriate immunizations; and

(B) periodic screening, diagnosis, and treatment services according to a schedule developed by the office.

The office may offer services in addition to those listed in this subsection if appropriations to the program exist to pay for the additional services.

(c) The office shall offer health insurance coverage for the following additional services if the coverage for the services has an actuarial value equal to or greater than the actuarial value of the services provided by the benchmark program determined by the children's health policy board established by IC 4-23-27-2:

(1) Prescription drugs.

(2) Mental health services.

(3) Vision services.

(4) Hearing services.

(5) Dental services.

(d) Notwithstanding subsections (b) and (c), the office may not impose treatment limitations or financial requirements on the coverage of services for a mental illness if similar treatment limitations or financial requirements are not imposed on coverage for services for other illnesses. Coverage for mental illness under the program must include the following:

(1) Inpatient mental health services and substance abuse services provided in an institution that:

(A) treats mental disease; and

(B) has more than sixteen (16) beds;

unless coverage is prohibited by federal law.

(2) Psychiatric residential treatment services.

(3) Community mental health rehabilitation services.

(4) Outpatient mental health services and substance abuse services, with no greater limitations on the number of units per rolling year than are required under the Medicaid program.

However, the office may require prior authorization for the services specified in subdivisions (1) through (4).

As added by P.L.273-1999, SEC.177. Amended by P.L.103-2009, SEC.1.

IC 12-17.6-4-2Services covered; prohibition on treatment limitations or financial requirements; mental health services Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 2. (a) The benefit package provided under the program shall focus on age appropriate preventive, primary, and acute care services.

(b) The office shall offer health insurance coverage for the following basic services:

(1) Inpatient and outpatient hospital services.

(2) Physicians' services provided by a physician (as defined in 42 U.S.C. 1395x(r)).

(3) Laboratory and x-ray services.

(4) Well-baby and well-child care, including:

(A) age appropriate immunizations; and

(B) periodic screening, diagnosis, and treatment services according to a schedule developed by the office.

The office may offer services in addition to those listed in this subsection if appropriations to the program exist to pay for the additional services.

(c) The office shall offer health insurance coverage for the following additional services if the office determines that the coverage for the services has an actuarial value equal to or greater than the actuarial value of the services provided by the benchmark program:

(1) Prescription drugs.

(2) Mental health services.

(3) Vision services.

(4) Hearing services.

(5) Dental services.

(1) Inpatient mental health services and substance abuse services provided in an institution that:

(A) treats mental disease; and

(B) has more than sixteen (16) beds;

unless coverage is prohibited by federal law.

(2) Psychiatric residential treatment services.

(3) Community mental health rehabilitation services.

(4) Outpatient mental health services and substance abuse services, with no greater limitations on the number of units per rolling year than are required under the Medicaid program.

However, the office may require prior authorization for the services specified in subdivisions (1) through (4).

As added by P.L.273-1999, SEC.177. Amended by P.L.103-2009, SEC.1; P.L.152-2026, SEC.205.

IC 12-17.6-4-2.5Prescription drug requirements Sec. 2.5. Prescription drugs provided under the program are subject to the requirements of IC 12-15-35.5.

As added by P.L.6-2002, SEC.5.

IC 12-17.6-4-3Limits on premium and cost sharing amounts Sec. 3. Premium and cost sharing amounts established by the office are limited by the following:

(1) Deductibles, coinsurance, or other cost sharing is not permitted with respect to benefits for:

(A) well-baby and well-child care, including age appropriate immunizations; and

(B) services provided for treatment of an emergency in an emergency department of a hospital licensed under IC 16-21.

(2) Premiums and other cost sharing may be imposed based on family income. However, the total annual aggregate cost sharing with respect to all children in a family under this article may not exceed five percent (5%) of the family's income for the year.

As added by P.L.273-1999, SEC.177. Amended by P.L.95-2000, SEC.3.

IC 12-17.6-4-4Powers of office; cost sharing and crowd out Sec. 4. The office may do the following:

(1) Determine cost sharing amounts.

(2) Determine waiting periods that may not exceed three (3) months and exceptions to the requirement of waiting periods for potential enrollees in the program.

(3) Adopt additional methods for complying with federal requirements relating to crowd out.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-4-5Prohibited referrals; mechanisms to minimize incentive for employer to eliminate or reduce coverage Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 5. (a) It is a violation of IC 27-4-1-4 if an insurer, or an insurance producer or insurance broker compensated by the insurer, knowingly or intentionally refers an insured or the dependent of an insured to the program for health insurance coverage when the insured already receives health insurance coverage through an employer's health care plan that is underwritten by the insurer.

(b) The office shall coordinate with the children's health policy board under IC 4-23-27 to evaluate the need for mechanisms that minimize the incentive for an employer to eliminate or reduce health care coverage for an employee's dependents.

As added by P.L.273-1999, SEC.177. Amended by P.L.178-2003, SEC.3.

IC 12-17.6-4-5Prohibited referrals; mechanisms to minimize incentive for employer to eliminate or reduce coverage Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

(b) The office shall evaluate the need for mechanisms that minimize the incentive for an employer to eliminate or reduce health care coverage for an employee's dependents.

As added by P.L.273-1999, SEC.177. Amended by P.L.178-2003, SEC.3; P.L.152-2026, SEC.206.

IC 12-17.6-4-6Community health centers Sec. 6. Community health centers shall be used to provide health care services.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-4-7Selection of primary dental provider encouraged Sec. 7. The office shall encourage the parent of a child who is enrolled in the program to select a primary dental provider for the child before the child is eighteen (18) months of age.

As added by P.L.169-2001, SEC.3.

IC 12-17.6-4-8Use of generic drugs and preferred drug list required Sec. 8. (a) The office shall require the use of generic drugs in the program.

(b) The office shall use the preferred drug list implemented under IC 12-15-35-28.7.

As added by P.L.291-2001, SEC.158. Amended by P.L.107-2002, SEC.26.

IC 12-17.6-4-10RepealedAs added by P.L.107-2002, SEC.27. Repealed by P.L.229-2011, SEC.272.

IC 12-17.6-5Chapter 5. Provider Contracts

12-17.6-5-1Applicability of chapter 12-17.6-5-2Required information 12-17.6-5-3Compliance with enrollment requirements 12-17.6-5-4Direct access of enrollee to provider

IC 12-17.6-5-1Applicability of chapter Sec. 1. This chapter does not apply until January 1, 2000.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-5-2Required information Sec. 2. A provider agreement must include information that the office finds necessary to facilitate carrying out this article.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-5-3Compliance with enrollment requirements Sec. 3. A provider who participates in the program, including a provider who is a member of a managed care organization, must comply with the enrollment requirements that are established under IC 12-15.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-5-4Direct access of enrollee to provider Sec. 4. (a) A provider that participates in the Medicaid program is considered a provider for both the Medicaid program and the program under this article.

(b) If an enrollee in the Medicaid managed care program for children has direct access to a provider who has entered into a provider agreement under IC 12-15-11, an enrollee in the program has direct access to the same provider.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6Chapter 6. Provider Sanctions, Theft, Kickbacks, and Bribes

12-17.6-6-1Applicability of chapter 12-17.6-6-2Provider sanctions 12-17.6-6-3Ineligibility to participate in program 12-17.6-6-4Administrative review 12-17.6-6-5Judicial review 12-17.6-6-6Provider to notify recipients of services for which office will not pay 12-17.6-6-7Duration of final directive 12-17.6-6-8Conditions for reinstatement of provider under sanction 12-17.6-6-9Provider filing agreements under sanction 12-17.6-6-10Ineligibility of provider under sanction to submit claims 12-17.6-6-11Prima facie evidence of intent to deprive state of value 12-17.6-6-12Violations

IC 12-17.6-6-1Applicability of chapter Sec. 1. This chapter does not apply until January 1, 2000.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-2Provider sanctions Sec. 2. If after investigation the office finds that a provider has violated this article or rule adopted under this article, the office may impose at least one (1) of the following sanctions:

(1) Deny payment to the provider for program services provided during a specified time.

(2) Reject a prospective provider's application for participation in the program.

(3) Terminate a provider agreement allowing a provider's participation in the program.

(4) Assess a civil penalty against the provider in an amount not to exceed three (3) times the amount paid to the provider that exceeds the amount that was legally due.

(5) Assess an interest charge, at a rate not to exceed the rate established by IC 24-4.6-1-101(2) for judgments on money, on the amount paid to the provider that exceeds the amount that was legally due. The interest charge accrues from the date of the overpayment to the provider.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-3Ineligibility to participate in program Sec. 3. In addition to any sanction imposed on a provider under section 2 of this chapter, a provider convicted of an offense under IC 35-43-5 relating to the program is ineligible to participate in the program for ten (10) years after the conviction.

As added by P.L.273-1999, SEC.177. Amended by P.L.174-2021, SEC.11.

IC 12-17.6-6-4Administrative review Sec. 4. A provider may appeal a sanction imposed under section 2 of this chapter under rules concerning Medicaid provider appeals that are adopted by the secretary under IC 4-22-2.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-5Judicial review Sec. 5. After exhausting all administrative remedies, a provider may obtain judicial review of a sanction under IC 4-21.5-5.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-6Provider to notify recipients of services for which office will not pay Sec. 6. A final directive made by the office that:

(1) denies payment to a provider for medical services provided during a specified period; or

(2) terminates a provider agreement permitting a provider's participation in the program;

must direct the provider to inform each eligible recipient of services, before services are provided, that the office will not pay for those services if provided.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-7Duration of final directive Sec. 7. Subject to section 8 of this chapter, a final directive:

(1) denying payment to a provider;

(2) rejecting a prospective provider's application for participation in the program; or

(3) terminating a provider agreement allowing a provider's participation in the program;

must be for a sufficient time, in the opinion of the office, to allow for the correction of all deficiencies or to prevent further abuses.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-8Conditions for reinstatement of provider under sanction Sec. 8. Except as provided in section 10 of this chapter, a provider sanctioned under section 2 of this chapter may not be declared reinstated as a provider under this article until the office has received the following:

(1) Full repayment of the amount paid to the provider in excess of the proper and legal amount due, including any interest charge assessed by the office.

(2) Full payment of a civil penalty assessed under section 2(4) of this chapter.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-9Provider filing agreements under sanction Sec. 9. Except as provided in section 10 of this chapter, a provider sanctioned under section 2 of this chapter may file an agreement as provided in IC 12-17.6-5.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-10Ineligibility of provider under sanction to submit claims Sec. 10. A provider who has been:

(1) convicted of a crime relating to the provision of services under this chapter; or

(2) subjected to a sanction under section 2 of this chapter on three (3) separate occasions by directive of the office;

is ineligible to submit claims for the program.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-11Prima facie evidence of intent to deprive state of value Sec. 11. Evidence that a person or provider received money or other benefits as a result of a violation of:

(1) a provision of this article; or

(2) a rule established by the office under this article;

constitutes prima facie evidence, for purposes of IC 35-43-4-2, that the person or provider intended to deprive the state of a part of the value of the money or benefits.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-6-12Violations Sec. 12. A person who furnishes items or services to an individual for which payment is or may be made under this chapter and who knowingly or intentionally solicits, offers, or receives a:

(1) kickback or bribe in connection with the furnishing of the items or services or the making or receipt of the payment; or

(2) rebate of a fee or charge for referring the individual to another person for the furnishing of items or services;

commits a Class A misdemeanor.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-7Chapter 7. Funding

12-17.6-7-1Children's health insurance program fund established 12-17.6-7-2Administration of fund 12-17.6-7-3Contents of fund 12-17.6-7-4Investments 12-17.6-7-5Reversion of money

IC 12-17.6-7-1Children's health insurance program fund established Sec. 1. The children's health insurance program fund is established for the purpose of paying expenses relating to:

(1) the program;

(2) services offered through the program for children enrolled in the program; and

(3) services and administration eligible for reimbursement under Title XXI of the federal Social Security Act for children enrolled in Medicaid under IC 12-15-2-14.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-7-2Administration of fund Sec. 2. The secretary, through the office, shall administer the fund.

As added by P.L.273-1999, SEC.177. Amended by P.L.35-2016, SEC.54.

IC 12-17.6-7-3Contents of fund Sec. 3. The fund consists of the following:

(1) Amounts appropriated by the general assembly.

(2) Amounts appropriated by the federal government.

(3) Fees, charges, gifts, grants, donations, money received from any other source, and other income funds as may become available.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-7-4Investments Sec. 4. 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.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-7-5Reversion of money Sec. 5. 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.273-1999, SEC.177.

IC 12-17.6-8Chapter 8. Appeals and Hearings

12-17.6-8-1Applicability of chapter 12-17.6-8-2Right to appeal 12-17.6-8-3Applicability of IC 4-21.5 12-17.6-8-4Setting matter for hearing 12-17.6-8-5Hearing procedure 12-17.6-8-6Powers and duties

IC 12-17.6-8-1Applicability of chapter Sec. 1. This chapter does not apply until January 1, 2000.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-8-2Right to appeal Sec. 2. An applicant for or a recipient of services under the program may appeal to the office if at least one (1) of the following occurs:

(1) An application or a request is not acted upon by the office within a reasonable time after the application or request is filed.

(2) The application is denied.

(3) The applicant or recipient is dissatisfied with the action of the office.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-8-3Applicability of IC 4-21.5 Sec. 3. The secretary shall conduct hearings and appeals concerning the program under IC 4-21.5.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-8-4Setting matter for hearing Sec. 4. The office shall, upon receipt of notice of appeal under section 2 of this chapter, set the matter for hearing and give the applicant or recipient an opportunity for a fair hearing in the county in which the applicant or recipient resides.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-8-5Hearing procedure Sec. 5. (a) At a hearing held under section 4 of this chapter, the applicant or recipient and the office may introduce additional evidence.

(b) A hearing held under section 4 of this chapter shall be conducted under rules adopted by the secretary for applicants and recipients of Medicaid that are not inconsistent with IC 4-21.5 and the program.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-8-6Powers and duties Sec. 6. The secretary, through the office:

(1) may make necessary additional investigations; and

(2) shall make decisions concerning the:

(A) granting of program services; and

(B) amount of program services to be granted;

to an applicant or a recipient that the office believes are justified and in conformity with the program.

As added by P.L.273-1999, SEC.177. Amended by P.L.35-2016, SEC.55.

IC 12-17.6-9Chapter 9. Confidentiality and Release of Information

12-17.6-9-1Applicability of chapter 12-17.6-9-2Confidentiality of information in general 12-17.6-9-3Disclosure of information authorized 12-17.6-9-4Disclosure of information of general nature 12-17.6-9-5Information available to providers 12-17.6-9-6Limits on information available to providers 12-17.6-9-7Confidentiality of information obtained by providers 12-17.6-9-8Limitation of provisions to ensure eligibility for federal financial participation

IC 12-17.6-9-1Applicability of chapter Sec. 1. This chapter does not apply until January 1, 2000.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-9-2Confidentiality of information in general Sec. 2. The following concerning a program applicant or recipient under the program are confidential, except as otherwise provided in this chapter:

(1) An application.

(2) An investigation report.

(3) An information.

(4) A record.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-9-3Disclosure of information authorized Sec. 3. The use and the disclosure of the information described in this chapter to persons authorized by law in connection with the official duties relating to:

(1) financial audits;

(2) legislative investigations; or

(3) other purposes directly connected with the administration of the program;

is authorized.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-9-4Disclosure of information of general nature Sec. 4. (a) The release and use of information of a general nature shall be provided as needed for adequate interpretation or development of the program.

(b) The information described in subsection (a) includes the following:

(1) Total program expenditures.

(2) The number of recipients.

(3) Statistical and social data used in connection with studies.

(4) Reports or surveys on health and welfare problems.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-9-5Information available to providers Sec. 5. The office shall make available the following to providers for immediate access to information indicating whether an individual is eligible for the program:

(1) A twenty-four (24) hour telephone system.

(2) A computerized data retrieval system.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-9-6Limits on information available to providers Sec. 6. Information released under section 5 of this chapter is limited to the following:

(1) Disclosure of whether an individual is eligible for the program.

(2) The date the individual became eligible for the program and the individual's program number.

(3) Restrictions, if any, on the scope of services to be reimbursed under the program for the individual.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-9-7Confidentiality of information obtained by providers Sec. 7. Information obtained by a provider under this chapter concerning an individual's eligibility for the program is confidential and may not be disclosed to any person.

As added by P.L.273-1999, SEC.177.

IC 12-17.6-9-8Limitation of provisions to ensure eligibility for federal financial participation Sec. 8. If it is established that a provision of this chapter causes the program to be ineligible for federal financial participation, the provision is limited or restricted to the extent that is essential to make the program eligible for federal financial participation.

As added by P.L.273-1999, SEC.177.

IC 12-17.7ARTICLE 17.7. REPEALEDRepealed by P.L.255-2003, SEC.55.

IC 12-17.8ARTICLE 17.8. REPEALEDRepealed by P.L.255-2003, SEC.55.

IC 12-18ARTICLE 18. FAMILY PROTECTION SERVICES

Ch. 1.Repealed Ch. 2.Repealed Ch. 3.Repealed Ch. 4.Repealed Ch. 5.Repealed Ch. 6.Repealed Ch. 7.Repealed Ch. 8.Domestic Violence Fatality Review Team Ch. 9.Statewide Domestic Violence Fatality Review Committee

IC 12-18-1Chapter 1. Repealed[Pre-1992 Revision Citations:

12-18-1-1New12-18-1-2formerly 12-3-25-1(a) part12-18-1-3formerly 12-3-25-1(a) part12-18-1-4formerly 12-3-25-1(b); 31-6-12-1(b)12-18-1-5formerly 12-3-25-1(c)12-18-1-6formerly 31-6-12-2(b)12-18-1-7formerly 12-3-25-2.]Repealed by P.L.91-1996, SEC.8.

IC 12-18-2Chapter 2. Repealed[Pre-1992 Revision Citations:

12-18-2-1New12-18-2-2New12-18-2-3formerly 12-3-25-3(a) part12-18-2-4formerly 12-3-25-3(a) part, (b)12-18-2-5formerly 12-3-25-3(c)12-18-2-6formerly 12-3-25-3(d)12-18-2-7formerly 12-3-25-412-18-2-8formerly 12-3-25-512-18-2-9formerly 12-3-25-6.]Repealed by P.L.91-1996, SEC.8.

IC 12-18-3Chapter 3. Repealed[Pre-1992 Revision Citations:

12-18-3-1formerly 12-3-26-2(a) part12-18-3-2formerly 12-3-26-2(a) part, (b) part12-18-3-3formerly 12-3-26-2(b) part12-18-3-4formerly 12-3-26-2(b) part12-18-3-5formerly 12-3-26-2(b) part12-18-3-6formerly 12-3-26-2(c)12-18-3-7formerly 12-3-26-2(b) part12-18-3-8formerly 12-3-26-3.]Repealed by P.L.130-2009, SEC.28.

IC 12-18-4Chapter 4. Repealed[Pre-1992 Revision Citations:

12-18-4-1New12-18-4-2formerly 12-3-26-4(a) part12-18-4-3formerly 12-3-26-4(a) part12-18-4-4formerly 12-3-26-4(b)12-18-4-5formerly 4-23-17.5-4(b); 4-23-17.5-4(d)12-18-4-6formerly 12-3-26-4(c)12-18-4-7formerly 12-3-26-5(a)12-18-4-8formerly 12-3-26-5(b)12-18-4-9formerly 12-3-26-6(a)12-18-4-10formerly 12-3-26-6(b)12-18-4-11formerly 12-3-26-6(c)12-18-4-12formerly 12-3-26-712-18-4-13formerly 12-3-26-812-18-4-14formerly 12-3-26-9.]Repealed by P.L.130-2009, SEC.28.

IC 12-18-5Chapter 5. Repealed[Pre-1992 Revision Citations:

12-18-5-1New12-18-5-2formerly 12-3-27-1 part12-18-5-3formerly 12-3-27-1 part12-18-5-4formerly 12-3-27-1 part12-18-5-5formerly 12-3-27-1 part12-18-5-6formerly 12-3-27-212-18-5-7formerly 12-3-27-3.]Repealed by P.L.130-2009, SEC.28.

IC 12-18-6Chapter 6. Repealed[Pre-1992 Revision Citations:

12-18-6-1formerly 16-7-3.6-1(c)12-18-6-2New12-18-6-3formerly 16-7-3.6-1(d)12-18-6-4formerly 16-7-3.6-1(e)12-18-6-5formerly 16-7-3.6-1.512-18-6-6formerly 16-7-3.6-1(b)12-18-6-7formerly 16-7-3.6-212-18-6-8formerly 16-7-3.6-312-18-6-9formerly 16-7-3.6-4 part12-18-6-10formerly 16-7-3.6-4 part12-18-6-11formerly 16-7-3.6-5(a)12-18-6-12formerly 16-7-3.6-5(b)12-18-6-13formerly 16-7-3.6-5(c)12-18-6-14formerly 16-7-3.6-612-18-6-15formerly 16-7-3.6-7(a)12-18-6-16formerly 16-7-3.6-7(b)12-18-6-17formerly 16-7-3.6-7(c)12-18-6-18formerly 16-7-3.6-7(d)12-18-6-19formerly 16-7-3.6-8(a), (b)12-18-6-20formerly 16-7-3.6-8(c)12-18-6-21formerly 16-7-3.6-8(d)12-18-6-22formerly 16-7-3.6-912-18-6-23formerly 16-7-3.6-10(a)12-18-6-24formerly 16-7-3.6-10(b)12-18-6-25formerly 16-7-3.6-10(c)12-18-6-26formerly 16-7-3.6-10(d)12-18-6-27formerly 16-7-3.6-10(e)12-18-6-28formerly 16-7-3.6-10(f)12-18-6-29formerly 16-7-3.6-10(g)12-18-6-30formerly 16-7-3.6-11(a)12-18-6-31formerly 16-7-3.6-11(b)12-18-6-32formerly 16-7-3.6-11(c)12-18-6-33formerly 16-7-3.6-1212-18-6-34formerly 16-7-3.6-1312-18-6-35formerly 16-7-3.6-1412-18-6-36formerly 16-7-3.6-1512-18-6-37formerly 16-7-3.6-1612-18-6-38formerly 16-7-3.6-17(a), (b)12-18-6-39formerly 16-7-3.6-17(c)12-18-6-40formerly 16-7-3.6-17(d)12-18-6-41formerly 16-7-3.6-17(e)12-18-6-42formerly 16-7-3.6-17(f)12-18-6-43formerly 16-7-3.6-1812-18-6-44formerly 16-7-3.6-20.]Repealed by P.L.47-1993, SEC.14.

IC 12-18-7Chapter 7. Repealed[Pre-1992 Revision Citations:

12-18-7-1formerly 16-7-3.7-1 part12-18-7-2formerly 16-7-3.7-212-18-7-3formerly 16-7-3.7-312-18-7-4formerly 16-7-3.7-412-18-7-5formerly 16-7-3.7-512-18-7-6formerly 16-7-3.7-6.]Repealed by P.L.47-1993, SEC.14.

IC 12-18-8Chapter 8. Domestic Violence Fatality Review Team

12-18-8-1"Coalition" 12-18-8-2"Domestic violence" 12-18-8-3"Family or household member" 12-18-8-4Repealed 12-18-8-5"Local domestic violence fatality review team" 12-18-8-6County domestic violence fatality review teams 12-18-8-7Duties 12-18-8-8Information that a domestic violence fatality review team may include in a review; immunity 12-18-8-9Disclosure of recommendations of a domestic violence fatality review team 12-18-8-10Members of local domestic violence fatality review team 12-18-8-11Additional members of a local domestic violence fatality review team 12-18-8-12Chairperson 12-18-8-13Meetings 12-18-8-14Data collection 12-18-8-15Annual report 12-18-8-16Repealed 12-18-8-17Local domestic violence fatality review team; immunity 12-18-8-18Privileged communications of local domestic violence fatality review team 12-18-8-19Local domestic violence fatality review team; confidentiality

Frequently Asked Questions About Indiana § 12-17-13-9

What does Indiana Code § 12-17-13-9 cover?

Section 12-17-13-9 ("Administrative rules") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Is this the official text of Indiana law?

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Official text of § 12-17-13-9 at the Indiana source

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Indiana § 12-17-13-9 - Administrative rules

§ 12-17-13-9. Administrative rules

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Frequently Asked Questions About Indiana § 12-17-13-9

What does Indiana Code § 12-17-13-9 cover?

How do I cite Indiana § 12-17-13-9?

Is this the official text of Indiana law?

How does Indiana § 12-17-13-9 apply to my situation?

Sources & Verification