February 2, 2004
HOUSE BILL No. 1131
_____
DIGEST OF HB 1131
(Updated January 28, 2004 4:20 pm - DI 110)
Citations Affected: IC 4-21.5; IC 12-7; IC 12-17.2; noncode.
Synopsis: Preschool registration. Amends the definition of
"preschool". Revises the licensure exemption for preschools. Requires
a preschool to register with the division of family and children. (The
introduced version of this bill was prepared by the board for
coordination of child care regulation.)
Effective: July 1, 2004.
Budak, Crawford
January 13, 2004, read first time and referred to Committee on Human Affairs.
February 2, 2004, reported _ Do Pass.
February 2, 2004
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1131
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-21.5-2-6; (04)HB1131.1.1. -->
SECTION 1. IC 4-21.5-2-6, AS AMENDED BY P.L.241-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6. (a) This article does not apply to the
formulation, issuance, or administrative review (but does, except as
provided in subsection (b), apply to the judicial review and civil
enforcement) of any of the following:
(1) Except as provided in IC 12-17.2-4-18.7, and
IC 12-17.2-5-18.7, and IC 12-17.2-7-3, determinations by the
division of family and children.
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy and planning
concerning recipients and applicants of Medicaid. However, this
article does apply to determinations by the office of Medicaid
policy and planning concerning providers.
(4) A final determination of the Indiana board of tax review.
(b) IC 4-21.5-5-12 and IC 4-21.5-5-14 do not apply to judicial
review of a final determination of the Indiana board of tax review.
SOURCE: IC 12-7-2-143.5; (04)HB1131.1.2. -->
SECTION 2. IC 12-7-2-143.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 143.5. "Preschool", for
purposes of IC 12-17.2, means a program that provides an educational
experience through an age appropriate written curriculum for children
at least thirty (30) months of age who are not eligible to enter
kindergarten and that:
(1) conducts sessions for not more than four (4) hours a day;
(2) enrolls children for only an individual child for not more
than one (1) session a day; and
(3) does not serve meals on the premises.
(4) maintains a child to staff ratio of not more than fifteen (15)
children to one (1) staff member;
(5) supervises children at all times with a person who is at least
eighteen (18) years of age; and
(6) does not operate for more than ten (10) consecutive days.
SOURCE: IC 12-17.2-2-1; (04)HB1131.1.3. -->
SECTION 3. IC 12-17.2-2-1, AS AMENDED BY P.L.241-2003,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: 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 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 and registration 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.
SOURCE: IC 12-17.2-2-2; (04)HB1131.1.4. -->
SECTION 4. IC 12-17.2-2-2, AS AMENDED BY P.L.215-2001,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. The division may do the following:
(1) Prescribe forms for reports, statements, notices, and other
documents required by this article or by the rules adopted under
this article.
(2) Increase public awareness of this article and the rules adopted
under this article by preparing and publishing manuals and guides
explaining this article and the rules adopted under this article.
(3) Facilitate compliance with and enforcement of this article
through the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of this
article.
(5) Seek the advice and recommendations of state agencies whose
information and knowledge would be of assistance in writing,
revising, or monitoring rules developed under this article. These
agencies, including the office of the attorney general, state
department of health, division of mental health and addiction,
bureau of criminal identification and investigation, and fire
prevention and building safety commission, shall upon request
supply necessary information to the division.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each license
application and renewal as follows:
(A) For a child care center license, a fee of two dollars ($2) per
licensed child capacity.
(B) For a child care center new inquiry application packet, a
fee not to exceed five dollars ($5).
(C) For a child care home license new inquiry application
packet, a fee not to exceed five dollars ($5).
(D) For a child care home annual inspection, a fee not to
exceed twenty-five dollars ($25).
(8) Charge a processing fee not to exceed five dollars ($5) for
registration of a preschool under IC 12-17.2-7.
(9) Exercise any other regulatory and administrative powers
necessary to carry out the functions of the division.
SOURCE: IC 12-17.2-2-8; (04)HB1131.1.5. -->
SECTION 5. IC 12-17.2-2-8, AS AMENDED BY P.L.50-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: 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 20-10.1-2-1) 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. The division may not,
however, exempt from licensure a nonresidential program
that provides child care for a child less than four (4) hours per
day at a single location and then moves the child on the same
day to a different location for care by the same or another
nonresidential program.
(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:
(A) child care ministry registered under IC 12-17.2-6; and
(B) preschool registered under IC 12-17.2-7.
(8) A child care home if the provider:
(A) does not receive regular compensation;
(B) cares only for children who are related to the provider;
(C) cares for less than six (6) children, not including children
for whom the provider is a parent, stepparent, guardian,
custodian, or other relative; or
(D) operates to serve migrant children.
(9) A child care program operated by a public or private
secondary school that:
(A) provides day care on the school premises for children of a
student or an employee of the school;
(B) complies with health, safety, and sanitation standards as
determined by the division under section 4 of this chapter for
child care centers or in accordance with a variance or waiver
of a rule governing child care centers approved by the division
under section 10 of this chapter; and
(C) substantially complies with the fire and life safety rules as
determined by the state fire marshal under rules adopted by the
division under section 4 of this chapter for child care centers
or in accordance with a variance or waiver of a rule governing
child care centers approved by the division under section 10 of
this chapter.
(10) A school age child care program (commonly referred to as a
latch key program) established under IC 20-5-2-1.5 that is
operated by:
(A) the department of education;
(B) a public or private school; or
(C) a public or private organization under a written contract
with:
(i) the department of education; or
(ii) a public or private school.
SOURCE: IC 12-17.2-7; (04)HB1131.1.6. -->
SECTION 6. IC 12-17.2-7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 7. Preschools
Sec. 1. This chapter does not apply to a preschool that is:
(1) licensed under this article; or
(2) regulated by a state agency other than the:
(A) division of family and children; or
(B) department of fire and building services.
Sec. 2. A preschool shall, on a form approved by the division,
register with the division not more than thirty (30) days after the
preschool opens for business.
Sec. 3. If the division, after a hearing conducted under
IC 4-21.5-3, determines that a preschool has knowingly failed to
register as required under this chapter, the division shall assess
against the preschool a civil penalty not to exceed one hundred
dollars ($100) per day of violation.
Sec. 4. Penalties assessed under section 3 of this chapter shall be
deposited in the child care fund established under IC 12-17.2-2-3.
Sec. 5. The division shall adopt rules under IC 4-22-2 to
implement this chapter.
SOURCE: ; (04)HB1131.1.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2004]
Notwithstanding
IC 12-17.2-7-2, as added by this act, a preschool in existence on
June 30, 2004, shall register with the division not later than
January 1, 2005.