SB 110-2_ Filed 04/09/2001, 12:53
Adopted 4/9/2001


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 110 be amended to read as follows:

    Page 3, after line 31 , begin a new paragraph and insert:
    SECTION 3. IC 12-7-2-28.4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 28.4. (a) "Child care center", for purposes of IC 12-17.2, means a nonresidential building where at least seventeen (17) children receive one (1) child receives child care from a provider:
        (1) while unattended by a parent, legal guardian, or custodian;
        (2) for regular compensation; and
        (3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.
    (b) The term includes a building where child care is provided to less than seventeen (17) children if the provider has applied for a license under IC 12-17.2-4 and meets the requirements under IC 12-17.2-4.
SOURCE: IC 12-7-2-33.7; (01)HB1062.2.2. -->     SECTION 4. IC 12-7-2-33.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 33.7. (a) As used in this chapter, "class I child care home" means a child care home that serves any combination of full-time and part-time children, not to exceed at any one (1) time twelve (12) children plus three (3) children during the school year only who are enrolled in at least grade 1. Except as provided in subsection (c), the addition of three (3) school age children may not occur during a break in the school year that exceeds four (4) weeks.
    (b) A child:
        (1) for whom a provider of care in the child care home is a parent, stepparent, guardian, custodian, or other relative; and


        (2) who is at least seven (7) years of age;
shall not be counted in determining whether the child care home is within the limit set forth in subsection (a).
     (c) A child care home may serve a school age child during a break in the school year that exceeds four (4) weeks if the following conditions are met:
        (1) The school age child:
            (A) was in the home part-time during the four (4) months preceding the break; or
            (B) has a sibling attending the child care home.
        (2) The child care home meets the following requirements:
            (A) Provides at least thirty-five (35) square feet for each child.
            (B) Maintains the child to staff ratio required under rules adopted by the division for each age group of children in attendance.
            (C) Provides age appropriate toys, games, equipment, and activities for each age group of children enrolled.
            (D) If the licensee does not reside in the child care home, the child care home has:
                (i) at least two (2) exits that comply with the exit      requirements for an     E-3 building occupancy      classification under the Indiana building code                                                                                     adopted by the fire prevention and building safety     commission;
                (ii) an illuminated exit sign over each required exit; and
                (iii) emergency lighting for each required exit.
        (3) The licensee for the child care home has maintained a class I child care home license for at least twelve (12) children:
            (A) for at least one (1) year; and
            (B) without any citations for noncompliance.
        (4) If the licensee does not reside in the child care home, the licensee must, upon application for a license, meet the following requirements:
            (A) 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.
            (B) Provide documentation to the division that the licensee:
                (i) has completed;
                (ii) is enrolled in; or
                (iii) agrees to complete within the next three (3) years;
            a child development associate credential program or a similar program approved by the division.
        The division may grant a waiver or variance of the requirement under clause (B).

SOURCE: IC 12-17.2-5-6.5; (01)HB1062.2.3. -->     SECTION 5. IC 12-17.2-5-6.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.5. (a) 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 the exit requirements for an E-3 building occupancy classification under 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.
        (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) Reside in the child care home.
        (8) (7) Apply for a license before July 1, 1996, or after June 30, 2001.
        (9) (8) Comply with rules adopted by the division of family and children for class II child care homes.
    (b) To qualify for a license to operate a class II child care home under this chapter, a person, before applying for the license, must have:
        (1) a class I child care home license; or
        (2) at least one (1) year of experience as a caregiver in a child care home or child care center.
SOURCE: ; (01)HB1062.2.4. -->     SECTION 6. [EFFECTIVE UPON PASSAGE] The amendments made by this act to IC 12-7-2-33.7 do not apply to a person who was issued a license for a class I child care home before July 1, 2001.
    SECTION 7. An emergency is declared for this act.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 110 as printed April 3, 2001.)

________________________________________

Representative TINCHER


DH 011001/DI mo
2001