Bill Text: IN HB1323 | 2012 | Regular Session | Introduced
Bill Title: Child care and development fund.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-26 - Representative Day added as coauthor [HB1323 Detail]
Download: Indiana-2012-HB1323-Introduced.html
Citations Affected: IC 4-21.5-2-6; IC 12-7-2-149.1; IC 12-17.2.
Synopsis: Child care and development fund. Specifies requirements
that must be met by a child care provider as a condition of eligibility to
receive a federal Child Care and Development Fund voucher payment.
Sets forth a disciplinary process for suspension or revocation of
eligibility.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Family, Children and
Human Affairs.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
(1) Except as provided in IC 12-17.2-3.5-17, IC 12-17.2-4-18.7, and IC 12-17.2-5-18.7, determinations by the division of family resources and the department of child services.
(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.
(1) For purposes of IC 12-10-7, the meaning set forth in
IC 12-10-7-3.
(2) For purposes of the following statutes, an individual, a
partnership, a corporation, or a governmental entity that is
enrolled in the Medicaid program under rules adopted under
IC 4-22-2 by the office of Medicaid policy and planning:
(A) IC 12-14-1 through IC 12-14-9.5.
(B) IC 12-15, except IC 12-15-32, IC 12-15-33, and
IC 12-15-34.
(C) IC 12-17.6.
(3) Except as provided in subdivision subdivisions (4) and (6),
for purposes of IC 12-17.2, a person who operates a child care
center or child care home under IC 12-17.2.
(4) For purposes of IC 12-17.2-3.5, a person that:
(A) provides child care; and
(B) is directly paid for the provision of the child care under the
federal Child Care and Development Fund voucher program
administered under 45 CFR 98 and 45 CFR 99.
The term does not include an individual who provides services to
a person described in clauses (A) and (B), regardless of whether
the individual receives compensation.
(5) For purposes of IC 12-21-1 through IC 12-29-2, an
organization:
(A) that:
(i) provides mental health services, as defined under 42
U.S.C. 300x-2(c);
(ii) provides addiction services; or
(iii) provides children's mental health services;
(B) that has entered into a provider agreement with the
division of mental health and addiction under IC 12-21-2-7 to
provide services in the least restrictive, most appropriate
setting; and
(C) that is operated by one (1) of the following:
(i) A city, town, county, or other political subdivision of the
state.
(ii) An agency of the state or of the United States.
(iii) A political subdivision of another state.
(iv) A hospital owned or operated by a unit of government
or a building authority that is organized for the purpose of
constructing facilities to be leased to units of government.
(v) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(vi) An organization that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue
Code.
(vii) A university or college.
(6) For purposes of IC 12-17.2-2-10, the following:
(A) A person described in subdivision (4).
(B) A child care center licensed under IC 12-17.2-4.
(C) A child care home licensed under IC 12-17.2-5.
(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 division of family resources child care fund established by IC 12-17.2-2-3.
(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
(B) a child care home licensed under IC 12-17.2-5;
including practices to reduce the risk of sudden infant death syndrome.
(b) The division may grant a variance to a rule if
(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
(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.
(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.
(1) has been convicted of a:
(A) felony;
(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
(D) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35;
(2)
(A) serve as
volunteer in the facility where the provider's care; provider
operates a child care program; or
(B) reside with the provider, if the provider operates a child
care program in the provider's home; or
(3) has had a revocation of eligibility under this chapter
during the immediately preceding two (2) years; or
(3) (4) fails to meet the requirements set forth in sections 5
through 12.1 of this chapter;
is ineligible to receive a voucher payment.
(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
administrative appeal under IC 4-21.5-5 reflects a final
determination that the provider's license or eligibility is in good
standing.
(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;
(b) If information used by the division under
(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;
care program.
in the area of the facility where the provider operates a child care program.
(b) A provider shall maintain compliance with food, health, safety, and sanitation standards as determined by the division under rules adopted by the division under section 15 of this chapter or in accordance with a variance or waiver approved by the division under IC 12-17.2-2-10.
(c) The food, health, safety, and sanitation standards adopted under subsection (b) must include all of the following requirements:
(1) Bathroom and handwashing.
(2) Safe conditions in and on the grounds.
(3) Maximum capacity limits for the number of children receiving care.
(4) Nutrition.
(5) Daily activities.
(6) Safety of motor vehicles used to transport children.
(b) A provider
(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.
(c) A provider that cares for:
(1) sixteen (16) or fewer children at a facility where the provider operates a child care program shall maintain a ratio of children to caregivers in the same proportions as the child to staff ratios that are required for 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 ratio
of children to caregivers in the same proportions as the child
to staff ratios that are required for a child care center under
IC 12-17.2-4.
(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 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.
(b) The following apply to an individual who
as a caregiver at a facility where a provider operates a child care program:
(1) The individual shall maintain current certification in 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:
(i) the individual 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) Unless the provider is related to all children in the care of the provider, the individual shall annually receive at least twelve (12) hours of continuing education approved by the division and related to the development and care of children of the same age as the age of children who receive care at the facility.
(4) Before beginning employment or volunteer duties, the individual must receive a formal orientation to the facility and the child care program.
(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 three (3) months after beginning employment or volunteer duties caring for children who do not yet attend first grade, the individual must receive training approved by the division concerning the department of education's early learning guidelines.
(c) A provider shall:
(1) maintain at the facility where the provider operates a child care program documentation of all training required by this section; and
(2) make the documentation available to the division upon request.
(b) The telephone required by subsection (a) must be compatible with an automated time and attendance tracking system approved by the division.
FOLLOWS [EFFECTIVE JULY 1, 2012]: 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) In addition to the requirements specified in subsection (a),
a room that is:
(1) where children who are not more than twenty-four (24)
months of age receive care; and
(2) located in a facility where a provider operates a child care
program;
must have at least one (1) exit that does not require the use of
stairs.
(b) (c) 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;
(C) the weather conditions at the time of the fire drill; and
(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.
(d) A facility where a provider operates a child care program
must meet the following requirements:
(1) If sixteen (16) or fewer children are cared for at the
facility, have working smoke detectors and means of egress
that meet the requirements that apply to child care homes
under IC 12-17.2-5.
(2) If more than sixteen (16) children are cared for at the
facility, meet the requirements specified in the building rules
and fire safety rules adopted by the fire prevention and
building safety commission.
(3) If more than one (1) facility where a provider operates a
child care program is located in a single structure, each
facility must:
(A) be separated from each other facility by walls and
doors with a two (2) hour fire resistance rating; and
(B) individually meet all requirements of this section.
(1) Firearms and ammunition.
(2) Poisons, chemicals, bleach, and cleaning materials.
(3) Medications.
(4) Other items determined by the division in rules adopted under section 15 of this chapter to pose a danger to children.
(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 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
(C) transports the child in a properly licensed and insured motor vehicle.
(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:
(A) at least eighteen (18) years of age; or
(B) less than eighteen (18) years of age but has previously
been waived from juvenile court to adult court; and
(3) any individual who:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where the provider operates a child
care program.
A provider shall apply for a limited criminal history for an individual
described in subdivision (3) before the individual is employed or
allowed to volunteer. as a caregiver.
(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;
not listed on a limited criminal history obtained under subsection (a)
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
provider receives the limited criminal history required under subsection
(a) from the state police department if:
(1) the provider:
(A) has applied for the limited criminal history 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; as a caregiver; and
(2) the local criminal history does not reveal that an individual
has been convicted of a:
(A) felony;
(B) misdemeanor related to the health or safety of a child;
(C) misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(D) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35.
(d) A provider is ineligible to receive a voucher payment if an
individual for whom a limited criminal history is required under this
section has been convicted of a:
(1) felony;
(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
(4) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35;
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 limited criminal history is required under this section to report any criminal convictions of the individual to the provider.
(f) The state police department may not charge a church or religious society any fees or costs for responding to a request for a release of a limited criminal history 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.
(b) A provider shall immediately notify the division and the parent or guardian of a child in the care of the provider concerning:
(1) an injury of the child that requires medical attention;
(2) the death of the child; or
(3) an emergency event involving the child.
(b) If an employee or agent of the division determines that a violation described in subsection (a) exists, the division shall:
(1) immediately suspend the provider's eligibility to receive a voucher under this chapter;
(2) issue an emergency or another temporary order under IC 4-21.5-4 requiring the provider to immediately cease operation of the child care program; and
(3) contact the parent or guardian of each child enrolled in the child care program to inform the parent or guardian:
(A) that the division has issued an order to require the provider to cease operation of the child care program; and
(B) of the reason for the order to cease operation;
pending the outcome of proceedings conducted under sections 20 and 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.
(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.
(3) 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.
(4) The provider fails to correct a problem identified by the division within the period required by the division.
(5) Three (3) or more problems occurring within a twelve (12) month period are identified by the division, regardless of whether the provider corrects the problems within the period required by the division.
(6) Credible allegations of fraud have been made against the
provider, as determined by the division.
(7) Criminal charges of welfare fraud have been filed against
the provider.
(1) Any of the reasons for suspension described in section 18(1) through 18(5) of this chapter.
(2) Allegations of welfare fraud committed by the provider have been substantiated by the division.
(b) The administrative hearing shall be held within sixty (60) calendar days after the division receives the written request.
suspension, the following must occur:
(1) The provider must, within thirty (30) days after receiving
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 eligibility.
(3) The division must approve the plan.
(1) Reinstate the eligibility.
(2) Except as provided in subdivision (3), extend the suspension for not more than six (6) months.
(3) If criminal charges for welfare fraud are pending against the provider, extend the suspension until the criminal matter is resolved.
(4) Revoke the eligibility.
(b) The written notice shall be sent to the last known address of each person responsible for a child in the care of the provider.
(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.
