Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 420
AN ACT to amend the Indiana Code concerning children.
Be it enacted by the General Assembly of the State of
Indiana:
SECTION 1. IC 12-17.2-2-1 IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. The
division shall perform the following duties:
(1) Administer the licensing and monitoring of child care
centers or child care homes in accordance with this
article.
(2) Ensure that a national criminal history background
check of the applicant is completed through the state
police department under IC 5-2-5-15 IC 10-13-3-39
before issuing a license.
(3) Ensure that a criminal history background check of a
child care ministry applicant for registration is
completed before registering the child care ministry.
(4) Provide for the issuance, denial, suspension, and
revocation of licenses.
(5) Cooperate with governing bodies of child care
centers and child care homes and their staffs to improve
standards of child care.
(6) Prepare at least biannually a directory of licensees
with a description of the program capacity and type of
children served that will be distributed to the legislature,
licensees, and other interested parties as a public
document.
(7) Deposit all license application fees collected under
section 2 of this chapter in the child care fund.
(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 not later than January 1, 2004, an Internet
site through which members of the public may obtain the
following information:
(A) Information concerning violations of this article
by a licensed child care provider, including:
(i) the identity of the child care provider;
(ii) the date of the violation; and
(iii) action taken by the division in response to the
violation.
(B) Current status of a child care provider's license.
(C) Other relevant information.
The Internet site may not contain the address of a
child care home. However, the site may include the
county and ZIP code in which a child care home is
located.
(10) Provide or approve training concerning safe
sleeping practices for children to:
(A) a provider who operates a child care program
in the provider's home as described in
IC 12-17.2-3.5-5(b); and
(B) a child care home licensed under IC 12-17.2-5;
including practices to reduce the risk of sudden
infant death syndrome.
SECTION 2. IC 12-17.2-3.5-5.5 IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec.
5.5. (a) A provider shall ensure that a child in the provider's
care is continually supervised by a caregiver.
(b) A provider who operates a child care program in
the provider's home (including a child care home licensed
under IC 12-17.2-5) and who receives a voucher payment
under this chapter shall complete the training course
provided or approved by the division under
IC 12-17.2-2-1(10) concerning safe sleeping practices.
SECTION 3. IC 12-17.2-5-6.3 IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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
(C) agrees to complete within the next three (3) years;
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 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; and
(ii) an illuminated exit sign over each required exit
and or
(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.
SECTION 4. IC 12-17.2-5-6.5 IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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:
(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)(2)(D) 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
and children 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).
(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.
SECTION 5. [EFFECTIVE UPON PASSAGE] 470
IAC 3-18-1(23) is void. The publisher of the Indiana
Administrative Code and the Indiana Register shall
remove this provision from the Indiana Administrative
Code.
SECTION 6. An emergency is declared for this act.
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Approved:
Governor of the State of Indiana
SEA 420
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