Bill Text: IN SB0056 | 2011 | Regular Session | Introduced
Bill Title: Child care regulation.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced - Dead) 2011-02-15 - Senator Simpson added as third author [SB0056 Detail]
Download: Indiana-2011-SB0056-Introduced.html
Citations Affected: IC 4-21.5-2-6; IC 12-7-2-149.1; IC 12-17.2.
Synopsis: Child care regulation. Makes various statutory changes
making certain health and safety requirements applying to child care
providers consistent, including criminal history checks, drug testing,
caregiver education and supervision, nutrition, immunizations, fire and
hazardous materials safety, and administrative procedures for
noncompliance. Makes technical changes. (The introduced version of
this bill was prepared by the committee on child care.)
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Health and Provider
Services.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
(1) Except as provided in IC 12-17.2-4-18.7,
(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 (5),
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 12-17.2-2-10, 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.
(D) A child care ministry registered under IC 12-17.2-6.
(1) State department of health.
(2) Fire prevention and building safety commission.
(3) The
(b) The rules adopted under subsection (a) shall be applied by the division and state fire marshal in the licensing and inspection of applicants for a license and licensees under this article.
(1) The state department of health.
(2) The fire prevention and building safety commission.
(3) The committee on child care established by IC 12-17.2-3.3-2.
The rules must provide standards for food, health, safety, and sanitation.
(b) A child care ministry shall comply with rules established by the division for child care ministries.
(c) The rules adopted under subsection (a) shall be applied by the division and state fire marshal in the registration and inspection of applicants for registration and of registrants.
(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 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;
(2) employs or otherwise allows an individual who has been convicted of a crime specified under subdivision (1) to:
(A) serve as a caregiver to a child in the provider's care; or
(B) reside with the provider, if the provider operates a child care program in the provider's home; or
(3) 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 license under IC 12-17.2-4 or IC 12-17.2-5
is revoked or denied is ineligible to receive a voucher payment,
regardless of whether the provider meets the requirements set
forth in sections 5 through 12.1 of this chapter, until the license is
reinstated or granted.
(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;
as a caregiver at the facility where a provider operates a child care program.
(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;
as a caregiver at the facility where the provider operates a child care program.
(1) working smoke detectors that meet the standards adopted by rule for smoke detectors in licensed child care homes; and
(2) hot and cold running water;
in the area of the facility where the provider operates a child care program.
(b) A provider shall:
(1) provide appropriately timed, nutritionally balanced meals and snacks in sufficient quantities to meet the needs of each child; and
(2) maintain availability of drinking water at all times.
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) At least one (1)
adult individual who maintains annual certification in a course of
cardiopulmonary resuscitation applicable to all age groups of children
cared for by a provider shall be present at all times when a child is in
the care of the provider.
(b) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a facility where a provider operates a child care
program shall maintain current certification in first aid applicable to all
age groups of children cared for by the provider.
(c) The following apply to a caregiver at a facility where a
provider operates a child care program:
(1) The caregiver shall obtain a physical health examination
not more than thirty (30) days before or after the date the
caregiver begins employment at the facility.
(2) The provider shall train the caregiver in recognizing
symptoms of and reporting child abuse and neglect.
(3) If the caregiver is less than eighteen (18) years of age, the
caregiver shall at all times when child care is being provided
be directly supervised by a caregiver who is at least eighteen
(18) years of age.
(4) The provider shall train the caregiver in universal
precautions.
(1) national criminal history for:
(A) the provider, if the provider is an individual; or
(B) the director of the facility where the provider operates a child care program, if the provider is not an individual; and
(2) limited criminal history for:
and
(3) (C) any individual who:
(A) (i) is employed; or
(B) (ii) 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) (2)(C) 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 national or 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 national criminal history and limited criminal
history required under subsection (a) from the state police department
if:
(1) the provider:
(A) has applied for the national criminal history and 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 national or 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 national or 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
national or 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 license may be issued only if the child care center is in substantial compliance with the fire and life safety rules as determined by the state fire marshal under rules adopted by the division under IC 12-17.2-2-4 or in accordance with a variance or waiver approved by the division under IC 12-17.2-2-10.
(c) The division may issue a waiver or variance regarding a determination by the division or the state fire marshal under subsections (a) and (b).
(d) At least one (1) adult individual who maintains annual certification in a course of cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care center shall be present at all times when a child is in the care of a child care center.
(e) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a child care center shall maintain current certification in first aid applicable to all age groups of children cared for by the child care center.
(f) The following apply to a caregiver at a child care center:
(1) The caregiver shall obtain a physical health examination not more than thirty (30) days before or after the date the caregiver begins employment at the child care center.
(2) The child care center shall train the caregiver in recognizing symptoms of and reporting child abuse and neglect.
(3) If the caregiver is less than eighteen (18) years of age, the caregiver shall at all times when child care is being provided be directly supervised by a caregiver who is at least eighteen (18) years of age.
(4) The child care center shall train the caregiver in universal precautions.
(b) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a child care home shall maintain current certification in first aid applicable to all age groups of children cared for by the child care home.
(c) The following apply to a caregiver at a child care home:
(1) The caregiver shall obtain a physical health examination not more than thirty (30) days before or after the date the caregiver begins employment at the child care home.
(2) The child care home shall train the caregiver in recognizing symptoms of and reporting child abuse and neglect.
(3) If the caregiver is less than eighteen (18) years of age, the caregiver shall at all times when child care is being provided be directly supervised by a caregiver who is at least eighteen (18) years of age.
(4) The child care home shall train the caregiver in universal precautions.
(1) division, as determined by the division under rules adopted by the division under IC 12-17.2-2-4 or in accordance with a variance or waiver approved by the division under IC 12-17.2-2-10; and
(2) division of fire and building safety, as determined by the state fire marshal under rules adopted by the division under IC 12-17.2-2-4 or in accordance with a variance or waiver approved by the division under IC 12-17.2-2-10.
Registration forms shall be provided by the division and the division of fire and building safety.
(b) The division may issue a waiver or variance regarding a determination by the division or the state fire marshal under subsection (a).
(a) A child care ministry shall maintain and annually update
documentation provided by the physician of each child who is
cared for by the child care ministry verifying that the child has
received complete, age appropriate immunizations, including:
(1) conjugated pneumococcal vaccine; and
(2) varicella vaccine, unless the child has a demonstrated
immunity to varicella.
The state department of health shall determine for each age level
the immunizations that constitute complete, age appropriate
immunizations.
(b) A child care ministry complies with subsection (a) if:
(1) a child's parent:
(A) objects to immunizations for religious reasons; and
(B) provides documentation of the parent's objection;
(2) the child's physician provides documentation of a medical
reason the child should not be immunized; or
(3) the child's physician provides documentation that the child
is currently in the process of receiving complete, age
appropriate immunizations;
and the child care ministry maintains and annually updates the
documentation provided by the parent or physician under this
subsection.
(1) Conduct a:
(A) national criminal history check of the operator or director of the child care ministry; and
(B) criminal history check of the child care ministry's employees and volunteers.
(2) Refrain from employing, or allowing to serve as a volunteer, an individual who:
(A) has been convicted of
(B) has been convicted of a misdemeanor:
(i) related to the health or safety of a child;
(ii) for operating a child care center without a license under IC 12-17.2-4-35; or
(iii) for operating a child care home without a license under IC 12-17.2-5-35; or
(C) is a person against whom an allegation of child abuse or neglect has been substantiated under IC 31-33.
(3) Maintain records of each criminal history check.
(1) is employed; or
(2) volunteers;
as a caregiver at the child care ministry. 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 ministry 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 child care ministry when child care is being provided.
(2) That drug testing of individuals who serve as caregivers at the child care ministry will be:
(A) performed based on a protocol established or approved by the division; and
(B) required if an individual is suspected of noncompliance with 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 ministry shall immediately suspend or terminate the individual's employment or volunteer service.
(d) A child care ministry that suspends an individual described in subsection (c) shall maintain a written policy providing for reinstatement of the individual following rehabilitation of the individual and drug testing results for the individual 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 ministry that does not comply with this section is subject to:
(1) denial of an application for a registration; or
(2) suspension or revocation of the child care ministry's registration;
under this chapter.
(1) at least one (1) working telephone; and
(2) emergency contact information for each child in the care of the child care ministry;
available to employees of the child care ministry at all times.
(b) A child care ministry shall:
(1) provide appropriately timed, nutritionally balanced meals and snacks in sufficient quantities to meet the needs of each
child; and
(2) maintain availability of drinking water at all times.
(c) A child care ministry must have at least one (1) exit that:
(1) does not require passage through a:
(A) garage; or
(B) storage area;
where hazardous materials are stored;
(2) is not a window;
(3) is not blocked; and
(4) is operable from the inside without the use of a key or any
special knowledge.
(d) A child care ministry 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 child care ministry;
(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 child
care ministry; and
(3) maintain a two and one-half (2 1/2) pound or greater ABC
multiple purpose fire extinguisher:
(A) on each floor; and
(B) in the kitchen area;
of the child care ministry.
(e) A child care ministry shall provide for a safe environment by
ensuring that the following items are placed in areas that are
inaccessible to the children in the child care ministry's care:
(1) Firearms and ammunition.
(2) Poisons, chemicals, medications, bleach, and cleaning
materials.
(f) A child care ministry shall have:
(1) working smoke detectors that meet the child care home or
child care center licensing standards adopted by rule for
smoke detectors in the type of facility that the child care
ministry operates; and
(2) hot and cold running water;
in the area of the child care ministry where children are cared for.
(b) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a child care ministry shall maintain current certification in first aid applicable to all age groups of children cared for by the child care ministry.
(c) The following apply to a caregiver at a child care ministry:
(1) The caregiver shall obtain a physical health examination not more than thirty (30) days before or after the date the caregiver begins employment at the child care ministry.
(2) The child care ministry shall train the caregiver in recognizing symptoms of and reporting child abuse and neglect.
(3) If the caregiver is less than eighteen (18) years of age, the caregiver shall at all times when child care is being provided be directly supervised by a caregiver who is at least eighteen (18) years of age.
(4) The child care ministry shall train the caregiver in universal precautions.
(d) A child care ministry shall ensure that a child in the child care ministry's care is continually supervised by a caregiver.
(1) the noncompliance does not present an immediate threat to the health and well-being of the children in the care of the child care ministry;
(2) the child care ministry files a plan with the division or the state fire marshal to correct the areas of noncompliance within the probationary period; and
(3) the division or state fire marshal approves the plan.
(b) A probationary registration is valid for not more than six (6) months. The division may extend a probationary registration for one (1) additional period of six (6) months.
(c) A registration is invalidated when a probationary registration is issued.
(d) When the probationary registration expires, the division shall reinstate the original registration or revoke the registration.
(e) Upon receipt of a probationary registration, the child care ministry shall return to the division the previously issued registration.
(f) The division shall:
(1) upon issuing a probationary registration under this section, provide written notice to the child care ministry that the division will provide the notice required under subdivision (2); and
(2) not more than seven (7) days after issuing a probationary registration under this section, publish notice under IC 5-3-1 and provide written notice to the parent or guardian of each child enrolled in the child care ministry of the:
(A) issuance of the probationary registration; and
(B) reason for the issuance of the probationary registration.
(b) If an employee or agent of the division determines that a violation described in subsection (a) exists, the division shall:
(1) issue an emergency or other temporary order under IC 4-21.5-4 requiring the child care ministry to immediately cease operation; and
(2) contact the parent or guardian of each child in the care of the child care ministry to inform the parent or guardian:
(A) that the division has issued an order to require the child care ministry to cease operation; and
(B) of the reason for the order to cease operation;
pending the outcome of proceedings conducted under sections 21 through 23 of this chapter.
(c) An emergency or other 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.
(b) The administrative hearing shall be held within sixty (60) calendar days after the division receives the written request.
(1) The child care ministry 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 registration.
(3) The division must approve the plan.
(1) Reinstate the registration.
(2) Revoke the registration.
(3) Issue to the child care ministry a new registration.
(4) Deny the child care ministry's reapplication for a registration.
(b) The written notice shall be sent to the last known address of each person responsible for a child in the care of the child care ministry and shall state that the registration of the child care ministry has been revoked or suspended.
review under IC 4-21.5-5.
(b) The attorney general or the division's attorney may do the following:
(1) Seek the issuance of a search warrant to assist in the investigation.
(2) File an action for injunctive relief to stop the operation of a child care ministry if there is reasonable cause to believe that:
(A) the child care ministry is operating without a registration required under this article; or
(B) a child care ministry's noncompliance with this article and the rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child.
(3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a child care ministry is operating without a registration required under this article.
(c) The division may provide for the removal of children from a child care ministry described in subsection (b).
(d) A child care ministry subject to injunctive relief under this section is entitled to an informal meeting with the division after the injunctive relief is ordered.
(e) The civil penalties collected under this section shall be deposited in the division of family resources child care fund established by IC 12-17.2-2-3.
(f) Section 35 of this chapter does not apply to the civil penalties imposed under this section.
[EFFECTIVE JULY 1, 2011]: Sec. 32. A court order granted under
section 30(b)(2)(B) of this chapter expires upon the later of the
following:
(1) Sixty (60) calendar days after the order is issued.
(2) When a final division decision is issued under sections 21
through 23 of this chapter if notice of an enforcement action
is issued under section 20 of this chapter.
(1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2-14) by:
(A) the operator or director of the child care ministry;
(B) an employee of the child care ministry who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the child care ministry; or
(C) a volunteer of the child care ministry who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the child care ministry.
(2) A criminal conviction of an employee of the child care ministry who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the child care ministry, or a volunteer of the child care ministry who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the child care ministry, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without a license under IC 12-17.2-4-35.
(D) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35.
(3) A determination by the division that the child care ministry made false statements in the child care ministry's application for registration.
(4) A determination by the division that the child care ministry made false statements in the records required by the division.
(5) A determination by the division that the child care ministry previously operated a:
(A) child care center without a license under IC 12-17.2-4; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a registration is revoked due to a criminal conviction of an employee or a volunteer of the child care ministry; and
(2) the division determines that the employee or volunteer has been dismissed by the child care ministry;
the criminal conviction of the former employee or former volunteer does not require revocation of the child care ministry's registration.
(b) The division may impose any of the following sanctions when the division finds that a child care ministry has committed a violation under subsection (a):
(1) After complying with the procedural provisions in sections 20 through 23 of this chapter:
(A) suspend the child care ministry's registration for not more than six (6) months; or
(B) revoke the child care ministry's registration.
(2) Seek civil remedies under section 30 of this chapter.
(b) The division shall deposit the civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3.
(b) After an investigation under subsection (a), the department of child services shall make a determination of whether or not abuse or neglect occurred at the child care ministry.
(c) If the department of child services makes a determination under IC 31-33-8-12 that abuse or neglect at the child care ministry is substantiated, the department shall send a copy of its report to the appropriate office of the division.
