Synopsis: Child care regulation. Specifies that a licensed child care
provider is considered to be in compliance with requirements for
federal Child Care and Development Fund (CCDF) voucher payments.
Amends drug testing requirements for CCDF providers, child care
homes, and child care centers. Makes child care ministry inspections
semiannual and as necessary, but not more than four inspections per
ministry per year.
Effective: Upon passage; July 1, 2006.
January 9, 2006, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
considered to be in compliance with the requirement under this
chapter.
substance's intended purpose; and
must be obtained before the individual is employed or allowed to
volunteer as a caregiver.
chapter to ensure that the child care ministry complies with the rules of
the division adopted under IC 12-17.2-2-5(a).
(HOUSE SPONSORS _ TURNER, BUDAK, CRAWFORD)
January 26, 2006, amended, reported favorably _ Do Pass.
January 31, 2006, read second time, amended, ordered engrossed.
February 1, 2006, engrossed. Read third time, passed. Yeas 50, nays 0.
February 7, 2006, read first time and referred to Committee on Family, Children and
Human Affairs.
February 23, 2006, reported _ Do Pass.
PRINTING CODE. 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 2005 Regular Session of the General Assembly.
(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 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 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
or information identifying an individual child. 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.
(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
(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 on a random basis, 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 on a random basis, 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.
(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
(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 on a random basis, 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) If:
(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.
(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)
(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 on a random basis, 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) If:
(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.
(b) The division shall make an inspection described in subsection
(a):
(1) at least quarterly. semiannually; and
(2) additionally as determined necessary by the division, but
not more than four (4) inspections per year per child care
ministry.