*EH1102.2*
Reprinted
February 23, 2024
ENGROSSED
HOUSE BILL No. 1102
_____
DIGEST OF HB 1102 (Updated February 22, 2024 4:58 pm - DI 148)
Citations Affected: IC 12-7; IC 12-17.2; IC 36-7.
Synopsis: Child care. Revises the definition of "child care home".
Limits the number of children under twelve months of age that may be
provided care in a child care home. Provides that certain child care
programs are exempt from licensure. Amends certain licensing
requirements for a class II child care home and a child care center.
Provides that certain child care providers are eligible for voucher
payments. Allows certain child care programs at schools to provide
services to business employees' children when the business enters into
a contract with the school and certain conditions are met.
Effective: July 1, 2024.
Heine, Snow, Barrett, DeVon
(SENATE SPONSORS — WALKER G, JOHNSON T, DONATO, BECKER)
January 8, 2024, read first time and referred to Committee on Family, Children and Human
Affairs.
January 25, 2024, amended, reported — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
January 30, 2024, engrossed. Read third time, passed. Yeas 75, nays 21.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Health and Provider
Services.
February 15, 2024, amended, reported favorably — Do Pass.
February 22, 2024, read second time, amended, ordered engrossed.
EH 1102—LS 6537/DI 148 Reprinted
February 23, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1102
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:
1 SECTION 1. IC 12-7-2-28.6, AS AMENDED BY P.L.124-2007,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 28.6. (a) Except as provided in subsection (c),
4 "child care home", for purposes of IC 12-17.2, means a residential
5 structure in which at least six (6) eight (8) children, or at least four (4)
6 children under twelve (12) months of age, (not including the children
7 for whom the provider is a parent, stepparent, guardian, custodian, or
8 other relative) or any child who is at least fourteen (14) years of age
9 and does not require child care) at any time receive child care from a
10 provider:
11 (1) while unattended by a parent, legal guardian, or custodian;
12 (2) for regular compensation; and
13 (3) for more than four (4) six (6) hours per day but less than
14 twenty-four (24) hours in each of per day for ten (10)
15 consecutive days, per year, excluding intervening not including
16 Saturdays, Sundays, and holidays.
17 (b) The term includes:
EH 1102—LS 6537/DI 148 2
1 (1) a class I child care home; and
2 (2) a class II child care home.
3 (c) A child who is:
4 (1) a relative of a provider;
5 (2) under the custody or guardianship of a provider; or
6 (3) at least fourteen (14) years of age and does not require
7 child care;
8 is not a child described under subsection (a).
9 SECTION 2. IC 12-7-2-171.5 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2024]: Sec. 171.5. "School property", for
12 purposes of IC 12-17.2, means the following:
13 (1) A building or other structure owned or leased by a:
14 (A) school corporation;
15 (B) public school; or
16 (C) private school;
17 within the school district in which the school is located.
18 (2) The grounds adjacent to and owned or rented in common
19 with the building or other structure described in subdivision
20 (1).
21 SECTION 3. IC 12-17.2-1-1, AS AMENDED BY P.L.56-2023,
22 SECTION 116, IS AMENDED TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2024]: Sec. 1. Except as provided in
24 IC 12-17.2-3.5, this article does not apply to the following:
25 (1) A child care center or child care home licensed or operated by
26 any of the following:
27 (A) Programs for children in grades kindergarten through 12
28 that are operated under the authority of the department of
29 education or that are operated with the assistance of the
30 department of education.
31 (B) The division of mental health and addiction.
32 (C) The Indiana department of health.
33 (D) The department of correction.
34 (2) A person who provides child care in the person's
35 residential structure, if the person:
36 (A) does not receive regular compensation for child care;
37 (B) cares only for children who are related to the provider;
38 (C) cares for less than eight (8) children, not including a
39 child who is:
40 (i) a relative of a provider;
41 (ii) under the custody or guardianship of a provider; or
42 (iii) at least fourteen (14) years of age and does not
EH 1102—LS 6537/DI 148 3
1 require child care; or
2 (D) provides child care for less than six (6) hours per day,
3 but not more than thirty (30) hours per week.
4 (2) (3) A county jail or detention center.
5 SECTION 4. IC 12-17.2-2-8, AS AMENDED BY P.L.81-2022,
6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 8. The division shall exempt from licensure the
8 following programs:
9 (1) A program for children enrolled in grades kindergarten
10 through 12 that is operated by the department of education or a
11 public or private school.
12 (2) A program for children who become at least three (3) years of
13 age as of December 1 of a particular school year (as defined in
14 IC 20-18-2-17) that is operated by the department of education or
15 a public or private school.
16 (3) A nonresidential program for a child that provides child care
17 for less than four (4) hours a day.
18 (4) A recreation program for children that operates for not more
19 than ninety (90) days in a calendar year.
20 (5) A program whose primary purpose is to provide social,
21 recreational, or religious activities for school age children, such
22 as scouting, boys club, girls club, sports, or the arts.
23 (6) A program operated to serve migrant children that:
24 (A) provides services for children from migrant worker
25 families; and
26 (B) is operated during a single period of less than one hundred
27 twenty (120) consecutive days during a calendar year.
28 (7) A child care ministry registered under IC 12-17.2-6.
29 (8) A child care home if the provider
30 (A) does not receive regular compensation;
31 (B) cares only for children who are related to the provider;
32 (C) cares for less than six (6) children, not including children
33 for whom the provider is a parent, stepparent, guardian,
34 custodian, or other relative; or
35 (D) operates to serve migrant children.
36 (9) A child care program operated by a public or private school
37 that does the following:
38 (A) Provides day care on the school premises school property
39 for one (1) or more of the following:
40 (i) Children of students or employees of schools in the
41 school corporation in which the public or private school is
42 located.
EH 1102—LS 6537/DI 148 4
1 (ii) Children of employees of a business or organization
2 with which the school has entered into a contract to
3 provide services.
4 (B) Complies with health, safety, and sanitation standards as
5 determined by the division under section 4 of this chapter for
6 child care centers or in accordance with a variance or waiver
7 of a rule governing child care centers approved by the division
8 under section 10 of this chapter. and
9 (C) Substantially complies with the fire and life safety rules as
10 determined by the state fire marshal under rules adopted by the
11 division under section 4 of this chapter for child care centers
12 or in accordance with a variance or waiver of a rule governing
13 child care centers approved by the division under section 10 of
14 this chapter.
15 (10) A school age child care program (commonly referred to as a
16 latch key program) established under IC 20-26-5-2 that is
17 operated by:
18 (A) the department of education;
19 (B) a public or private school; or
20 (C) a public or private organization under a written contract
21 with:
22 (i) the department of education; or
23 (ii) a public or private school.
24 (11) A child care program that:
25 (A) is operated by a public or private organization under a
26 contract with a public or private school;
27 (B) serves children who are enrolled in the public or private
28 school in:
29 (i) grades kindergarten through 12; or
30 (ii) a preschool program offered by a public or private
31 school as described in this subdivision; and
32 (C) serves children who are:
33 (i) attending school through remote or e-learning due to a
34 disaster emergency declared under IC 10-14-3-12 or
35 IC 10-14-3-29; or
36 (ii) participating in a learning recovery program that
37 administers an assessment to measure student learning loss
38 and provides Indiana academic standards aligned
39 instruction.
40 (12) An educational program:
41 (A) consisting of a group of not more than ten (10) students
42 who attend the educational program in lieu of attending
EH 1102—LS 6537/DI 148 5
1 prekindergarten or kindergarten through grade 12 at a public
2 or private school;
3 (B) whose students meet in a single classroom in person or
4 outside a classroom and which may include mixed age level
5 groupings; and
6 (C) that is under the supervision of a teacher or tutor.
7 (13) If located in the same public or private school building:
8 (A) a preschool program that is operated by the public or
9 private school; and
10 (B) either or both of the following:
11 (i) A child care program described in subdivision (9).
12 (ii) A school age child care program described in
13 subdivision (10).
14 SECTION 5. IC 12-17.2-3.5-3.5 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. A child care provider is
17 eligible to receive a voucher payment if the provider complies with
18 this chapter and:
19 (1) does not receive regular compensation;
20 (2) cares only for children who are related to the provider;
21 (3) cares for less than eight (8) children, not including
22 children for whom the provider is a parent, stepparent,
23 guardian, custodian, or other relative; or
24 (4) operates to serve migrant children.
25 SECTION 6. IC 12-17.2-4-12 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A license for a
27 child care center expires two (2) three (3) years after the date of
28 issuance, unless revoked, modified to a probationary or suspended
29 status, or voluntarily returned.
30 (b) A license issued under this chapter:
31 (1) is not transferable;
32 (2) applies only to the licensee and the location stated in the
33 application; and
34 (3) remains the property of the division.
35 (c) A current license shall be publicly displayed.
36 (d) When a licensee submits a timely application for renewal, the
37 current license shall remain in effect until the division issues a license
38 or denies the application.
39 (e) A licensee shall publicly display and make available, as a
40 handout, written documentation of:
41 (1) any changes in the status of the licensee's license;
42 (2) a telephone number and an Internet site where information
EH 1102—LS 6537/DI 148 6
1 may be obtained from the division concerning:
2 (A) the current status of the licensee's license;
3 (B) any complaints filed with the division concerning the
4 licensee; and
5 (C) violations of this article by the licensee; and
6 (3) a telephone number of the office of the Indiana child care
7 resource and referral program of the county in which the child
8 care center is located.
9 SECTION 7. IC 12-17.2-5-6.5, AS AMENDED BY P.L.74-2022,
10 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 6.5. (a) To qualify for a license to operate a class
12 II child care home under this chapter, a person must do the following:
13 (1) Provide all child care services on the first story of the child
14 care home unless the class II child care home meets the
15 exceptions to the first story requirements contained in the Indiana
16 building code adopted by the fire prevention and building safety
17 commission in effect at the time the class II child care home
18 provider applies for licensure.
19 (2) Provide a smoke detection system that is:
20 (A) hard wired to the building's electrical system; and
21 (B) wired in a manner that activates all of the detector devices
22 in the building when one (1) detector device is activated.
23 (3) Provide a fire extinguisher in each room that is used to
24 provide child care services.
25 (4) Meet:
26 (A) the exit requirements for an E-3 building occupancy
27 classification under the Indiana building code adopted by the
28 fire prevention and building safety commission, except for any
29 illumination requirements, in effect at the time the class II
30 child care home provider initially applies for licensure; and
31 (B) the illumination requirements established in section
32 6.3(b)(3) of this chapter.
33 (5) Provide a minimum of thirty-five (35) square feet for each
34 child.
35 (6) Conduct fire drills required under article 37 of the Indiana fire
36 prevention code adopted by the fire prevention and building
37 safety commission in effect at the time the class II child care
38 home provider applies for licensure.
39 (7) Apply for a license before July 1, 1996, or after June 30, 2001.
40 (8) Comply with rules adopted by the division of family resources
41 for class II child care homes.
42 (9) Complete the training course taught or approved by the
EH 1102—LS 6537/DI 148 7
1 division concerning safe sleeping practices for a child within the
2 person's care as described in IC 12-17.2-2-1(10).
3 (b) To qualify for a license to operate a class II child care home
4 under this chapter, a person, before applying for the license, must have:
5 (1) a class I child care home license; or
6 (2) at least one (1) year of experience as a caregiver in a child
7 care home or child care center.
8 SECTION 8. IC 36-7-4-1108, AS AMENDED BY P.L.145-2006,
9 SECTION 374, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 1108. (a) This section applies only
11 to a child care home that is used as the primary residence of the person
12 who operates the child care home regardless of whether the child
13 care home meets the definition set forth in IC 12-7-2-28.6.
14 (b) As used in this section, "child care home" has the meaning set
15 forth in IC 12-7-2-28.6.
16 (c) (b) Except as provided in subsection (e), A zoning ordinance
17 may not do any of the following:
18 (1) Exclude a child care home from a residential area solely
19 because the child care home is a business.
20 (2) Impose limits on the number of children that may be served by
21 a child care home at any one (1) time that vary from the limits set
22 forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.
23 (3) Impose requirements or restrictions upon child care homes
24 that vary from the requirements and restrictions imposed upon
25 child care homes by rules adopted by the division of family
26 resources or the fire prevention and building safety commission.
27 (d) (c) Notwithstanding subsection (c), (b), a child care home may
28 be required to meet the same:
29 (1) zoning requirements;
30 (2) developmental standards; and
31 (3) building codes;
32 that apply to other residential structures in the same residential district
33 or classification as the child care home.
34 (e) A zoning ordinance:
35 (1) that is in effect on July 1, 1993; and
36 (2) that:
37 (A) excludes a child care home from a residential area solely
38 because the child care home is a business;
39 (B) imposes limits on the number of children that may be
40 served by a child care home at any one (1) time that vary from
41 the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8; or
42 (C) imposes requirements or restrictions upon child care
EH 1102—LS 6537/DI 148 8
1 homes that vary from the requirements and restrictions
2 imposed upon child care homes by rules adopted by the
3 division of family resources or the fire prevention and building
4 safety commission;
5 is not subject to subsection (c) until July 1, 1994.
EH 1102—LS 6537/DI 148 9
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1102, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Delete everything after the enacting clause and insert the following:
(SEE TEXT OF BILL)
and when so amended that said bill do pass.
(Reference is to HB 1102 as introduced.)
DEVON
Committee Vote: yeas 8, nays 4.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1102 be amended to read as
follows:
Page 1, line 5, reset in roman "(not including the".
Page 1, reset in roman line 6.
Page 1, line 7, reset in roman "custodian, or other".
Page 1, line 7, delete "relative" and insert "relative)".
(Reference is to HB 1102 as printed January 25, 2024.)
HEINE
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred House Bill No. 1102, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 3, delete lines 25 through 27, begin a new line double block
indented and insert:
"(A) provides day care:
EH 1102—LS 6537/DI 148 10
(i) on the school premises; or
(ii) at another location leased by the school within the
school district in which the school is located;
for children of students or employees of schools in the school
corporation in which the public or private school is located;".
Page 4, line 40, delete "care for" and insert "care:
(i) on the school premises; or
(ii) at another location leased by the school within the
school district in which the school is located;
for".
Page 6, between lines 17 and 18, begin a new line blocked left and
insert:
"A licensee may not provide care for more than three (3) children
(not including the children for whom the provider is a parent,
stepparent, guardian, custodian, or other relative) who are less
than twelve (12) months of age.".
and when so amended that said bill do pass.
(Reference is to HB 1102 as reprinted January 30, 2024.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 8, Nays 2.
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1102 be
amended to read as follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 12-7-2-28.6, AS AMENDED BY P.L.124-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 28.6. (a) Except as provided in subsection (c),
"child care home", for purposes of IC 12-17.2, means a residential
structure in which at least six (6) eight (8) children, or at least four (4)
children under twelve (12) months of age, (not including the children
for whom the provider is a parent, stepparent, guardian, custodian, or
other relative) or any child who is at least fourteen (14) years of age
and does not require child care) at any time receive child care from a
provider:
(1) while unattended by a parent, legal guardian, or custodian;
(2) for regular compensation; and
EH 1102—LS 6537/DI 148 11
(3) for more than four (4) six (6) hours per day but less than
twenty-four (24) hours in each of per day for ten (10)
consecutive days, per year, excluding intervening not including
Saturdays, Sundays, and holidays.
(b) The term includes:
(1) a class I child care home; and
(2) a class II child care home.
(c) A child who is:
(1) a relative of a provider;
(2) under the custody or guardianship of a provider; or
(3) at least fourteen (14) years of age and does not require
child care;
is not a child described under subsection (a).".
Page 2, delete lines 1 through 7, begin a new paragraph and insert:
"SECTION 2. IC 12-7-2-171.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 171.5. "School property", for
purposes of IC 12-17.2, means the following:
(1) A building or other structure owned or leased by a:
(A) school corporation;
(B) public school; or
(C) private school;
within the school district in which the school is located.
(2) The grounds adjacent to and owned or rented in common
with the building or other structure described in subdivision
(1).".
Page 2, delete lines 34 through 42, begin a new paragraph and
insert:
"SECTION 4. IC 12-17.2-2-8, AS AMENDED BY P.L.81-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: 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 20-18-2-17) 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.
(4) A recreation program for children that operates for not more
EH 1102—LS 6537/DI 148 12
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 child care ministry registered under IC 12-17.2-6.
(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 school
that does the following:
(A) Provides day care on the school premises school property
for one (1) or more of the following:
(i) Children of students or employees of schools in the
school corporation in which the public or private school is
located.
(ii) Children of employees of a business or organization
with which the school has entered into a contract to
provide services.
(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 20-26-5-2 that is
operated by:
(A) the department of education;
EH 1102—LS 6537/DI 148 13
(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.
(11) A child care program that:
(A) is operated by a public or private organization under a
contract with a public or private school;
(B) serves children who are enrolled in the public or private
school in:
(i) grades kindergarten through 12; or
(ii) a preschool program offered by a public or private
school as described in this subdivision; and
(C) serves children who are:
(i) attending school through remote or e-learning due to a
disaster emergency declared under IC 10-14-3-12 or
IC 10-14-3-29; or
(ii) participating in a learning recovery program that
administers an assessment to measure student learning loss
and provides Indiana academic standards aligned
instruction.
(12) An educational program:
(A) consisting of a group of not more than ten (10) students
who attend the educational program in lieu of attending
prekindergarten or kindergarten through grade 12 at a public
or private school;
(B) whose students meet in a single classroom in person or
outside a classroom and which may include mixed age level
groupings; and
(C) that is under the supervision of a teacher or tutor.
(13) If located in the same public or private school building:
(A) a preschool program that is operated by the public or
private school; and
(B) either or both of the following:
(i) A child care program described in subdivision (9).
(ii) A school age child care program described in
subdivision (10).".
Delete pages 3 through 4.
Page 5, delete lines 1 through 19.
Page 6, delete lines 15 through 42.
EH 1102—LS 6537/DI 148 14
Page 7, delete lines 1 through 24.
Renumber all SECTIONS consecutively.
(Reference is to EHB 1102 as printed February 16, 2024.)
WALKER G
EH 1102—LS 6537/DI 148