Indiana 2024 Regular Session

Indiana House Bill HB1102 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1102.2
	2	+	Reprinted
	3	+	February 23, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1102
	6	+	_____
	7	+	DIGEST OF HB 1102 (Updated February 22, 2024 4:58 pm - DI 148)
	8	+	Citations Affected: IC 12-7; IC 12-17.2; IC 36-7.
	9	+	Synopsis: Child care. Revises the definition of "child care home".
	10	+	Limits the number of children under twelve months of age that may be
	11	+	provided care in a child care home. Provides that certain child care
	12	+	programs are exempt from licensure. Amends certain licensing
	13	+	requirements for a class II child care home and a child care center.
	14	+	Provides that certain child care providers are eligible for voucher
	15	+	payments. Allows certain child care programs at schools to provide
	16	+	services to business employees' children when the business enters into
	17	+	a contract with the school and certain conditions are met.
	18	+	Effective: July 1, 2024.
	19	+	Heine, Snow, Barrett, DeVon
	20	+	(SENATE SPONSORS — WALKER G, JOHNSON T, DONATO, BECKER)
	21	+	January 8, 2024, read first time and referred to Committee on Family, Children and Human
	22	+	Affairs.
	23	+	January 25, 2024, amended, reported — Do Pass.
	24	+	January 29, 2024, read second time, amended, ordered engrossed.
	25	+	January 30, 2024, engrossed. Read third time, passed. Yeas 75, nays 21.
	26	+	SENATE ACTION
	27	+	February 5, 2024, read first time and referred to Committee on Health and Provider
	28	+	Services.
	29	+	February 15, 2024, amended, reported favorably — Do Pass.
	30	+	February 22, 2024, read second time, amended, ordered engrossed.
	31	+	EH 1102—LS 6537/DI 148 Reprinted
	32	+	February 23, 2024
1	33		Second Regular Session of the 123rd General Assembly (2024)
2	34		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	35		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	36		additions will appear in this style type, and deletions will appear in this style type.
5	37		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	38		provision adopted), the text of the new provision will appear in this style type. Also, the
7	39		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	40		a new provision to the Indiana Code or the Indiana Constitution.
9	41		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	42		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1102
12		-	AN ACT to amend the Indiana Code concerning human services.
	43	+	ENGROSSED
	44	+	HOUSE BILL No. 1102
	45	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	46	+	human services.
13	47		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-7-2-28.6, AS AMENDED BY P.L.124-2007,
	48	+	1 SECTION 1. IC 12-7-2-28.6, AS AMENDED BY P.L.124-2007,
	49	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	50	+	3 JULY 1, 2024]: Sec. 28.6. (a) Except as provided in subsection (c),
	51	+	4 "child care home", for purposes of IC 12-17.2, means a residential
	52	+	5 structure in which at least six (6) eight (8) children, or at least four (4)
	53	+	6 children under twelve (12) months of age, (not including the children
	54	+	7 for whom the provider is a parent, stepparent, guardian, custodian, or
	55	+	8 other relative) or any child who is at least fourteen (14) years of age
	56	+	9 and does not require child care) at any time receive child care from a
	57	+	10 provider:
	58	+	11 (1) while unattended by a parent, legal guardian, or custodian;
	59	+	12 (2) for regular compensation; and
	60	+	13 (3) for more than four (4) six (6) hours per day but less than
	61	+	14 twenty-four (24) hours in each of per day for ten (10)
	62	+	15 consecutive days, per year, excluding intervening not including
	63	+	16 Saturdays, Sundays, and holidays.
	64	+	17 (b) The term includes:
	65	+	EH 1102—LS 6537/DI 148 2
	66	+	1 (1) a class I child care home; and
	67	+	2 (2) a class II child care home.
	68	+	3 (c) A child who is:
	69	+	4 (1) a relative of a provider;
	70	+	5 (2) under the custody or guardianship of a provider; or
	71	+	6 (3) at least fourteen (14) years of age and does not require
	72	+	7 child care;
	73	+	8 is not a child described under subsection (a).
	74	+	9 SECTION 2. IC 12-7-2-171.5 IS ADDED TO THE INDIANA
	75	+	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
	76	+	11 [EFFECTIVE JULY 1, 2024]: Sec. 171.5. "School property", for
	77	+	12 purposes of IC 12-17.2, means the following:
	78	+	13 (1) A building or other structure owned or leased by a:
	79	+	14 (A) school corporation;
	80	+	15 (B) public school; or
	81	+	16 (C) private school;
	82	+	17 within the school district in which the school is located.
	83	+	18 (2) The grounds adjacent to and owned or rented in common
	84	+	19 with the building or other structure described in subdivision
	85	+	20 (1).
	86	+	21 SECTION 3. IC 12-17.2-1-1, AS AMENDED BY P.L.56-2023,
	87	+	22 SECTION 116, IS AMENDED TO READ AS FOLLOWS
	88	+	23 [EFFECTIVE JULY 1, 2024]: Sec. 1. Except as provided in
	89	+	24 IC 12-17.2-3.5, this article does not apply to the following:
	90	+	25 (1) A child care center or child care home licensed or operated by
	91	+	26 any of the following:
	92	+	27 (A) Programs for children in grades kindergarten through 12
	93	+	28 that are operated under the authority of the department of
	94	+	29 education or that are operated with the assistance of the
	95	+	30 department of education.
	96	+	31 (B) The division of mental health and addiction.
	97	+	32 (C) The Indiana department of health.
	98	+	33 (D) The department of correction.
	99	+	34 (2) A person who provides child care in the person's
	100	+	35 residential structure, if the person:
	101	+	36 (A) does not receive regular compensation for child care;
	102	+	37 (B) cares only for children who are related to the provider;
	103	+	38 (C) cares for less than eight (8) children, not including a
	104	+	39 child who is:
	105	+	40 (i) a relative of a provider;
	106	+	41 (ii) under the custody or guardianship of a provider; or
	107	+	42 (iii) at least fourteen (14) years of age and does not
	108	+	EH 1102—LS 6537/DI 148 3
	109	+	1 require child care; or
	110	+	2 (D) provides child care for less than six (6) hours per day,
	111	+	3 but not more than thirty (30) hours per week.
	112	+	4 (2) (3) A county jail or detention center.
	113	+	5 SECTION 4. IC 12-17.2-2-8, AS AMENDED BY P.L.81-2022,
	114	+	6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	115	+	7 JULY 1, 2024]: Sec. 8. The division shall exempt from licensure the
	116	+	8 following programs:
	117	+	9 (1) A program for children enrolled in grades kindergarten
	118	+	10 through 12 that is operated by the department of education or a
	119	+	11 public or private school.
	120	+	12 (2) A program for children who become at least three (3) years of
	121	+	13 age as of December 1 of a particular school year (as defined in
	122	+	14 IC 20-18-2-17) that is operated by the department of education or
	123	+	15 a public or private school.
	124	+	16 (3) A nonresidential program for a child that provides child care
	125	+	17 for less than four (4) hours a day.
	126	+	18 (4) A recreation program for children that operates for not more
	127	+	19 than ninety (90) days in a calendar year.
	128	+	20 (5) A program whose primary purpose is to provide social,
	129	+	21 recreational, or religious activities for school age children, such
	130	+	22 as scouting, boys club, girls club, sports, or the arts.
	131	+	23 (6) A program operated to serve migrant children that:
	132	+	24 (A) provides services for children from migrant worker
	133	+	25 families; and
	134	+	26 (B) is operated during a single period of less than one hundred
	135	+	27 twenty (120) consecutive days during a calendar year.
	136	+	28 (7) A child care ministry registered under IC 12-17.2-6.
	137	+	29 (8) A child care home if the provider
	138	+	30 (A) does not receive regular compensation;
	139	+	31 (B) cares only for children who are related to the provider;
	140	+	32 (C) cares for less than six (6) children, not including children
	141	+	33 for whom the provider is a parent, stepparent, guardian,
	142	+	34 custodian, or other relative; or
	143	+	35 (D) operates to serve migrant children.
	144	+	36 (9) A child care program operated by a public or private school
	145	+	37 that does the following:
	146	+	38 (A) Provides day care on the school premises school property
	147	+	39 for one (1) or more of the following:
	148	+	40 (i) Children of students or employees of schools in the
	149	+	41 school corporation in which the public or private school is
	150	+	42 located.
	151	+	EH 1102—LS 6537/DI 148 4
	152	+	1 (ii) Children of employees of a business or organization
	153	+	2 with which the school has entered into a contract to
	154	+	3 provide services.
	155	+	4 (B) Complies with health, safety, and sanitation standards as
	156	+	5 determined by the division under section 4 of this chapter for
	157	+	6 child care centers or in accordance with a variance or waiver
	158	+	7 of a rule governing child care centers approved by the division
	159	+	8 under section 10 of this chapter. and
	160	+	9 (C) Substantially complies with the fire and life safety rules as
	161	+	10 determined by the state fire marshal under rules adopted by the
	162	+	11 division under section 4 of this chapter for child care centers
	163	+	12 or in accordance with a variance or waiver of a rule governing
	164	+	13 child care centers approved by the division under section 10 of
	165	+	14 this chapter.
	166	+	15 (10) A school age child care program (commonly referred to as a
	167	+	16 latch key program) established under IC 20-26-5-2 that is
	168	+	17 operated by:
	169	+	18 (A) the department of education;
	170	+	19 (B) a public or private school; or
	171	+	20 (C) a public or private organization under a written contract
	172	+	21 with:
	173	+	22 (i) the department of education; or
	174	+	23 (ii) a public or private school.
	175	+	24 (11) A child care program that:
	176	+	25 (A) is operated by a public or private organization under a
	177	+	26 contract with a public or private school;
	178	+	27 (B) serves children who are enrolled in the public or private
	179	+	28 school in:
	180	+	29 (i) grades kindergarten through 12; or
	181	+	30 (ii) a preschool program offered by a public or private
	182	+	31 school as described in this subdivision; and
	183	+	32 (C) serves children who are:
	184	+	33 (i) attending school through remote or e-learning due to a
	185	+	34 disaster emergency declared under IC 10-14-3-12 or
	186	+	35 IC 10-14-3-29; or
	187	+	36 (ii) participating in a learning recovery program that
	188	+	37 administers an assessment to measure student learning loss
	189	+	38 and provides Indiana academic standards aligned
	190	+	39 instruction.
	191	+	40 (12) An educational program:
	192	+	41 (A) consisting of a group of not more than ten (10) students
	193	+	42 who attend the educational program in lieu of attending
	194	+	EH 1102—LS 6537/DI 148 5
	195	+	1 prekindergarten or kindergarten through grade 12 at a public
	196	+	2 or private school;
	197	+	3 (B) whose students meet in a single classroom in person or
	198	+	4 outside a classroom and which may include mixed age level
	199	+	5 groupings; and
	200	+	6 (C) that is under the supervision of a teacher or tutor.
	201	+	7 (13) If located in the same public or private school building:
	202	+	8 (A) a preschool program that is operated by the public or
	203	+	9 private school; and
	204	+	10 (B) either or both of the following:
	205	+	11 (i) A child care program described in subdivision (9).
	206	+	12 (ii) A school age child care program described in
	207	+	13 subdivision (10).
	208	+	14 SECTION 5. IC 12-17.2-3.5-3.5 IS ADDED TO THE INDIANA
	209	+	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
	210	+	16 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. A child care provider is
	211	+	17 eligible to receive a voucher payment if the provider complies with
	212	+	18 this chapter and:
	213	+	19 (1) does not receive regular compensation;
	214	+	20 (2) cares only for children who are related to the provider;
	215	+	21 (3) cares for less than eight (8) children, not including
	216	+	22 children for whom the provider is a parent, stepparent,
	217	+	23 guardian, custodian, or other relative; or
	218	+	24 (4) operates to serve migrant children.
	219	+	25 SECTION 6. IC 12-17.2-4-12 IS AMENDED TO READ AS
	220	+	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A license for a
	221	+	27 child care center expires two (2) three (3) years after the date of
	222	+	28 issuance, unless revoked, modified to a probationary or suspended
	223	+	29 status, or voluntarily returned.
	224	+	30 (b) A license issued under this chapter:
	225	+	31 (1) is not transferable;
	226	+	32 (2) applies only to the licensee and the location stated in the
	227	+	33 application; and
	228	+	34 (3) remains the property of the division.
	229	+	35 (c) A current license shall be publicly displayed.
	230	+	36 (d) When a licensee submits a timely application for renewal, the
	231	+	37 current license shall remain in effect until the division issues a license
	232	+	38 or denies the application.
	233	+	39 (e) A licensee shall publicly display and make available, as a
	234	+	40 handout, written documentation of:
	235	+	41 (1) any changes in the status of the licensee's license;
	236	+	42 (2) a telephone number and an Internet site where information
	237	+	EH 1102—LS 6537/DI 148 6
	238	+	1 may be obtained from the division concerning:
	239	+	2 (A) the current status of the licensee's license;
	240	+	3 (B) any complaints filed with the division concerning the
	241	+	4 licensee; and
	242	+	5 (C) violations of this article by the licensee; and
	243	+	6 (3) a telephone number of the office of the Indiana child care
	244	+	7 resource and referral program of the county in which the child
	245	+	8 care center is located.
	246	+	9 SECTION 7. IC 12-17.2-5-6.5, AS AMENDED BY P.L.74-2022,
	247	+	10 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	248	+	11 JULY 1, 2024]: Sec. 6.5. (a) To qualify for a license to operate a class
	249	+	12 II child care home under this chapter, a person must do the following:
	250	+	13 (1) Provide all child care services on the first story of the child
	251	+	14 care home unless the class II child care home meets the
	252	+	15 exceptions to the first story requirements contained in the Indiana
	253	+	16 building code adopted by the fire prevention and building safety
	254	+	17 commission in effect at the time the class II child care home
	255	+	18 provider applies for licensure.
	256	+	19 (2) Provide a smoke detection system that is:
	257	+	20 (A) hard wired to the building's electrical system; and
	258	+	21 (B) wired in a manner that activates all of the detector devices
	259	+	22 in the building when one (1) detector device is activated.
	260	+	23 (3) Provide a fire extinguisher in each room that is used to
	261	+	24 provide child care services.
	262	+	25 (4) Meet:
	263	+	26 (A) the exit requirements for an E-3 building occupancy
	264	+	27 classification under the Indiana building code adopted by the
	265	+	28 fire prevention and building safety commission, except for any
	266	+	29 illumination requirements, in effect at the time the class II
	267	+	30 child care home provider initially applies for licensure; and
	268	+	31 (B) the illumination requirements established in section
	269	+	32 6.3(b)(3) of this chapter.
	270	+	33 (5) Provide a minimum of thirty-five (35) square feet for each
	271	+	34 child.
	272	+	35 (6) Conduct fire drills required under article 37 of the Indiana fire
	273	+	36 prevention code adopted by the fire prevention and building
	274	+	37 safety commission in effect at the time the class II child care
	275	+	38 home provider applies for licensure.
	276	+	39 (7) Apply for a license before July 1, 1996, or after June 30, 2001.
	277	+	40 (8) Comply with rules adopted by the division of family resources
	278	+	41 for class II child care homes.
	279	+	42 (9) Complete the training course taught or approved by the
	280	+	EH 1102—LS 6537/DI 148 7
	281	+	1 division concerning safe sleeping practices for a child within the
	282	+	2 person's care as described in IC 12-17.2-2-1(10).
	283	+	3 (b) To qualify for a license to operate a class II child care home
	284	+	4 under this chapter, a person, before applying for the license, must have:
	285	+	5 (1) a class I child care home license; or
	286	+	6 (2) at least one (1) year of experience as a caregiver in a child
	287	+	7 care home or child care center.
	288	+	8 SECTION 8. IC 36-7-4-1108, AS AMENDED BY P.L.145-2006,
	289	+	9 SECTION 374, IS AMENDED TO READ AS FOLLOWS
	290	+	10 [EFFECTIVE JULY 1, 2024]: Sec. 1108. (a) This section applies only
	291	+	11 to a child care home that is used as the primary residence of the person
	292	+	12 who operates the child care home regardless of whether the child
	293	+	13 care home meets the definition set forth in IC 12-7-2-28.6.
	294	+	14 (b) As used in this section, "child care home" has the meaning set
	295	+	15 forth in IC 12-7-2-28.6.
	296	+	16 (c) (b) Except as provided in subsection (e), A zoning ordinance
	297	+	17 may not do any of the following:
	298	+	18 (1) Exclude a child care home from a residential area solely
	299	+	19 because the child care home is a business.
	300	+	20 (2) Impose limits on the number of children that may be served by
	301	+	21 a child care home at any one (1) time that vary from the limits set
	302	+	22 forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.
	303	+	23 (3) Impose requirements or restrictions upon child care homes
	304	+	24 that vary from the requirements and restrictions imposed upon
	305	+	25 child care homes by rules adopted by the division of family
	306	+	26 resources or the fire prevention and building safety commission.
	307	+	27 (d) (c) Notwithstanding subsection (c), (b), a child care home may
	308	+	28 be required to meet the same:
	309	+	29 (1) zoning requirements;
	310	+	30 (2) developmental standards; and
	311	+	31 (3) building codes;
	312	+	32 that apply to other residential structures in the same residential district
	313	+	33 or classification as the child care home.
	314	+	34 (e) A zoning ordinance:
	315	+	35 (1) that is in effect on July 1, 1993; and
	316	+	36 (2) that:
	317	+	37 (A) excludes a child care home from a residential area solely
	318	+	38 because the child care home is a business;
	319	+	39 (B) imposes limits on the number of children that may be
	320	+	40 served by a child care home at any one (1) time that vary from
	321	+	41 the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8; or
	322	+	42 (C) imposes requirements or restrictions upon child care
	323	+	EH 1102—LS 6537/DI 148 8
	324	+	1 homes that vary from the requirements and restrictions
	325	+	2 imposed upon child care homes by rules adopted by the
	326	+	3 division of family resources or the fire prevention and building
	327	+	4 safety commission;
	328	+	5 is not subject to subsection (c) until July 1, 1994.
	329	+	EH 1102—LS 6537/DI 148 9
	330	+	COMMITTEE REPORT
	331	+	Mr. Speaker: Your Committee on Family, Children and Human
	332	+	Affairs, to which was referred House Bill 1102, has had the same under
	333	+	consideration and begs leave to report the same back to the House with
	334	+	the recommendation that said bill be amended as follows:
	335	+	Delete everything after the enacting clause and insert the following:
	336	+	(SEE TEXT OF BILL)
	337	+	and when so amended that said bill do pass.
	338	+	(Reference is to HB 1102 as introduced.)
	339	+	DEVON
	340	+	Committee Vote: yeas 8, nays 4.
	341	+	_____
	342	+	HOUSE MOTION
	343	+	Mr. Speaker: I move that House Bill 1102 be amended to read as
	344	+	follows:
	345	+	Page 1, line 5, reset in roman "(not including the".
	346	+	Page 1, reset in roman line 6.
	347	+	Page 1, line 7, reset in roman "custodian, or other".
	348	+	Page 1, line 7, delete "relative" and insert "relative)".
	349	+	(Reference is to HB 1102 as printed January 25, 2024.)
	350	+	HEINE
	351	+	_____
	352	+	COMMITTEE REPORT
	353	+	Madam President: The Senate Committee on Health and Provider
	354	+	Services, to which was referred House Bill No. 1102, has had the same
	355	+	under consideration and begs leave to report the same back to the
	356	+	Senate with the recommendation that said bill be AMENDED as
	357	+	follows:
	358	+	Page 3, delete lines 25 through 27, begin a new line double block
	359	+	indented and insert:
	360	+	"(A) provides day care:
	361	+	EH 1102—LS 6537/DI 148 10
	362	+	(i) on the school premises; or
	363	+	(ii) at another location leased by the school within the
	364	+	school district in which the school is located;
	365	+	for children of students or employees of schools in the school
	366	+	corporation in which the public or private school is located;".
	367	+	Page 4, line 40, delete "care for" and insert "care:
	368	+	(i) on the school premises; or
	369	+	(ii) at another location leased by the school within the
	370	+	school district in which the school is located;
	371	+	for".
	372	+	Page 6, between lines 17 and 18, begin a new line blocked left and
	373	+	insert:
	374	+	"A licensee may not provide care for more than three (3) children
	375	+	(not including the children for whom the provider is a parent,
	376	+	stepparent, guardian, custodian, or other relative) who are less
	377	+	than twelve (12) months of age.".
	378	+	and when so amended that said bill do pass.
	379	+	(Reference is to HB 1102 as reprinted January 30, 2024.)
	380	+	CHARBONNEAU, Chairperson
	381	+	Committee Vote: Yeas 8, Nays 2.
	382	+	_____
	383	+	SENATE MOTION
	384	+	Madam President: I move that Engrossed House Bill 1102 be
	385	+	amended to read as follows:
	386	+	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
	387	+	"SECTION 1. IC 12-7-2-28.6, AS AMENDED BY P.L.124-2007,
15	388		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16	389		JULY 1, 2024]: Sec. 28.6. (a) Except as provided in subsection (c),
17	390		"child care home", for purposes of IC 12-17.2, means a residential
18	391		structure in which at least six (6) eight (8) children, or at least four (4)
19	392		children under twelve (12) months of age, (not including the children
20	393		for whom the provider is a parent, stepparent, guardian, custodian, or
21	394		other relative) or any child who is at least fourteen (14) years of age
22	395		and does not require child care) at any time receive child care from a
23	396		provider:
24	397		(1) while unattended by a parent, legal guardian, or custodian;
25	398		(2) for regular compensation; and
	399	+	EH 1102—LS 6537/DI 148 11
26	400		(3) for more than four (4) six (6) hours per day but less than
27	401		twenty-four (24) hours in each of per day for ten (10)
28	402		consecutive days, per year, excluding intervening not including
29	403		Saturdays, Sundays, and holidays.
30	404		(b) The term includes:
31	405		(1) a class I child care home; and
32	406		(2) a class II child care home.
33	407		(c) A child who is:
34	408		(1) a relative of a provider;
35	409		(2) under the custody or guardianship of a provider; or
36		-	HEA 1102 — CC 1 2
37	410		(3) at least fourteen (14) years of age and does not require
38	411		child care;
39		-	is not a child described under subsection (a).
40		-	SECTION 2. IC 12-7-2-171.5 IS ADDED TO THE INDIANA
	412	+	is not a child described under subsection (a).".
	413	+	Page 2, delete lines 1 through 7, begin a new paragraph and insert:
	414	+	"SECTION 2. IC 12-7-2-171.5 IS ADDED TO THE INDIANA
41	415		CODE AS A NEW SECTION TO READ AS FOLLOWS
42	416		[EFFECTIVE JULY 1, 2024]: Sec. 171.5. "School property", for
43		-	purposes of IC 12-17.2, means a building owned or leased by a:
44		-	(1) school corporation;
45		-	(2) public school; or
46		-	(3) private school;
	417	+	purposes of IC 12-17.2, means the following:
	418	+	(1) A building or other structure owned or leased by a:
	419	+	(A) school corporation;
	420	+	(B) public school; or
	421	+	(C) private school;
47	422		within the school district in which the school is located.
48		-	SECTION 3. IC 12-17.2-1-1, AS AMENDED BY P.L.56-2023,
49		-	SECTION 116, IS AMENDED TO READ AS FOLLOWS
50		-	[EFFECTIVE JULY 1, 2024]: Sec. 1. Except as provided in
51		-	IC 12-17.2-3.5, this article does not apply to the following:
52		-	(1) A child care center or child care home licensed or operated by
53		-	any of the following:
54		-	(A) Programs for children in grades kindergarten through 12
55		-	that are operated under the authority of the department of
56		-	education or that are operated with the assistance of the
57		-	department of education.
58		-	(B) The division of mental health and addiction.
59		-	(C) The Indiana department of health.
60		-	(D) The department of correction.
61		-	(2) A person who provides child care in the person's
62		-	residential structure, if the person:
63		-	(A) does not receive regular compensation for child care;
64		-	(B) cares only for children who are related to the provider;
65		-	(C) cares for less than eight (8) children, not including a
66		-	child who is:
67		-	(i) a relative of a provider;
68		-	(ii) under the custody or guardianship of a provider; or
69		-	(iii) at least fourteen (14) years of age and does not
70		-	require child care; or
71		-	(D) provides child care for less than six (6) hours per day,
72		-	but not more than thirty (30) hours per week.
73		-	(2) (3) A county jail or detention center.
74		-	SECTION 4. IC 12-17.2-2-8, AS AMENDED BY P.L.81-2022,
	423	+	(2) The grounds adjacent to and owned or rented in common
	424	+	with the building or other structure described in subdivision
	425	+	(1).".
	426	+	Page 2, delete lines 34 through 42, begin a new paragraph and
	427	+	insert:
	428	+	"SECTION 4. IC 12-17.2-2-8, AS AMENDED BY P.L.81-2022,
75	429		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
76	430		JULY 1, 2024]: Sec. 8. The division shall exempt from licensure the
77	431		following programs:
78	432		(1) A program for children enrolled in grades kindergarten
79		-	HEA 1102 — CC 1 3
80	433		through 12 that is operated by the department of education or a
81	434		public or private school.
82	435		(2) A program for children who become at least three (3) years of
83	436		age as of December 1 of a particular school year (as defined in
84	437		IC 20-18-2-17) that is operated by the department of education or
85	438		a public or private school.
86	439		(3) A nonresidential program for a child that provides child care
87	440		for less than four (4) hours a day.
88	441		(4) A recreation program for children that operates for not more
	442	+	EH 1102—LS 6537/DI 148 12
89	443		than ninety (90) days in a calendar year.
90	444		(5) A program whose primary purpose is to provide social,
91	445		recreational, or religious activities for school age children, such
92	446		as scouting, boys club, girls club, sports, or the arts.
93	447		(6) A program operated to serve migrant children that:
94	448		(A) provides services for children from migrant worker
95	449		families; and
96	450		(B) is operated during a single period of less than one hundred
97	451		twenty (120) consecutive days during a calendar year.
98	452		(7) A child care ministry registered under IC 12-17.2-6.
99	453		(8) A child care home if the provider
100	454		(A) does not receive regular compensation;
101	455		(B) cares only for children who are related to the provider;
102	456		(C) cares for less than six (6) children, not including children
103	457		for whom the provider is a parent, stepparent, guardian,
104	458		custodian, or other relative; or
105	459		(D) operates to serve migrant children.
106	460		(9) A child care program operated by a public or private school
107	461		that does the following:
108	462		(A) Provides day care on the school premises school property
109		-	for children of students or employees of schools in the school
110		-	corporation in which the public or private school is located.
	463	+	for one (1) or more of the following:
	464	+	(i) Children of students or employees of schools in the
	465	+	school corporation in which the public or private school is
	466	+	located.
	467	+	(ii) Children of employees of a business or organization
	468	+	with which the school has entered into a contract to
	469	+	provide services.
111	470		(B) Complies with health, safety, and sanitation standards as
112	471		determined by the division under section 4 of this chapter for
113	472		child care centers or in accordance with a variance or waiver
114	473		of a rule governing child care centers approved by the division
115	474		under section 10 of this chapter. and
116	475		(C) Substantially complies with the fire and life safety rules as
117	476		determined by the state fire marshal under rules adopted by the
118	477		division under section 4 of this chapter for child care centers
119	478		or in accordance with a variance or waiver of a rule governing
120	479		child care centers approved by the division under section 10 of
121	480		this chapter.
122		-	HEA 1102 — CC 1 4
123	481		(10) A school age child care program (commonly referred to as a
124	482		latch key program) established under IC 20-26-5-2 that is
125	483		operated by:
126	484		(A) the department of education;
	485	+	EH 1102—LS 6537/DI 148 13
127	486		(B) a public or private school; or
128	487		(C) a public or private organization under a written contract
129	488		with:
130	489		(i) the department of education; or
131	490		(ii) a public or private school.
132	491		(11) A child care program that:
133	492		(A) is operated by a public or private organization under a
134	493		contract with a public or private school;
135	494		(B) serves children who are enrolled in the public or private
136	495		school in:
137	496		(i) grades kindergarten through 12; or
138	497		(ii) a preschool program offered by a public or private
139	498		school as described in this subdivision; and
140	499		(C) serves children who are:
141	500		(i) attending school through remote or e-learning due to a
142	501		disaster emergency declared under IC 10-14-3-12 or
143	502		IC 10-14-3-29; or
144	503		(ii) participating in a learning recovery program that
145	504		administers an assessment to measure student learning loss
146	505		and provides Indiana academic standards aligned
147	506		instruction.
148	507		(12) An educational program:
149	508		(A) consisting of a group of not more than ten (10) students
150	509		who attend the educational program in lieu of attending
151	510		prekindergarten or kindergarten through grade 12 at a public
152	511		or private school;
153	512		(B) whose students meet in a single classroom in person or
154	513		outside a classroom and which may include mixed age level
155	514		groupings; and
156	515		(C) that is under the supervision of a teacher or tutor.
157	516		(13) If located in the same public or private school building:
158	517		(A) a preschool program that is operated by the public or
159	518		private school; and
160	519		(B) either or both of the following:
161	520		(i) A child care program described in subdivision (9).
162	521		(ii) A school age child care program described in
163		-	subdivision (10).
164		-	(14) A child care program operated by a public or private
165		-	HEA 1102 — CC 1 5
166		-	school that does the following:
167		-	(A) Provides day care on school property for children of
168		-	employees of a business or organization with which the
169		-	school has entered into a contract to provide services. If
170		-	the school property is owned by the school, the school
171		-	property must have been both:
172		-	(i) owned by the school; and
173		-	(ii) used for child care;
174		-	on or before January 1, 2024.
175		-	(B) Complies with health, safety, and sanitation standards
176		-	as determined by the division under section 4 of this
177		-	chapter for child care centers or in accordance with a
178		-	variance or waiver of a rule governing child care centers
179		-	approved by the division under section 10 of this chapter.
180		-	(C) Substantially complies with the fire and life safety rules
181		-	as determined by the state fire marshal under rules
182		-	adopted by the division under section 4 of this chapter for
183		-	child care centers or in accordance with a variance or
184		-	waiver of a rule governing child care centers approved by
185		-	the division under section 10 of this chapter.
186		-	SECTION 5. IC 12-17.2-3.5-3.5 IS ADDED TO THE INDIANA
187		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
188		-	[EFFECTIVE JULY 1, 2024]: Sec. 3.5. A child care provider is
189		-	eligible to receive a voucher payment if the provider complies with
190		-	this chapter and:
191		-	(1) does not receive regular compensation;
192		-	(2) cares only for children who are related to the provider;
193		-	(3) cares for less than eight (8) children, not including
194		-	children for whom the provider is a parent, stepparent,
195		-	guardian, custodian, or other relative; or
196		-	(4) operates to serve migrant children.
197		-	SECTION 6. IC 12-17.2-4-12 IS AMENDED TO READ AS
198		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A license for a
199		-	child care center expires two (2) three (3) years after the date of
200		-	issuance, unless revoked, modified to a probationary or suspended
201		-	status, or voluntarily returned.
202		-	(b) A license issued under this chapter:
203		-	(1) is not transferable;
204		-	(2) applies only to the licensee and the location stated in the
205		-	application; and
206		-	(3) remains the property of the division.
207		-	(c) A current license shall be publicly displayed.
208		-	HEA 1102 — CC 1 6
209		-	(d) When a licensee submits a timely application for renewal, the
210		-	current license shall remain in effect until the division issues a license
211		-	or denies the application.
212		-	(e) A licensee shall publicly display and make available, as a
213		-	handout, written documentation of:
214		-	(1) any changes in the status of the licensee's license;
215		-	(2) a telephone number and an Internet site where information
216		-	may be obtained from the division concerning:
217		-	(A) the current status of the licensee's license;
218		-	(B) any complaints filed with the division concerning the
219		-	licensee; and
220		-	(C) violations of this article by the licensee; and
221		-	(3) a telephone number of the office of the Indiana child care
222		-	resource and referral program of the county in which the child
223		-	care center is located.
224		-	SECTION 7. IC 12-17.2-5-3.7, AS ADDED BY P.L.53-2018,
225		-	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
226		-	JULY 1, 2024]: Sec. 3.7. (a) A licensee that cares for children who are
227		-	less than twelve (12) months of age shall:
228		-	(1) complete the training course provided or approved by the
229		-	division under IC 12-17.2-2-1(10) concerning safe sleeping
230		-	practices as required by section 6.3(a)(3) or 6.5(a)(9) 6.5(9) of
231		-	this chapter, whichever is applicable; and
232		-	(2) ensure that all caregivers of children who are less than twelve
233		-	(12) months of age follow safe sleeping practices.
234		-	(b) If a licensee violates subsection (a), the division may do the
235		-	following with respect to each violation determined during an
236		-	inspection of the child care home:
237		-	(1) On the first inspection during which a violation is determined
238		-	during a licensure period, issue a formal warning letter stating the
239		-	division's intent to take administrative action and impose a civil
240		-	penalty for any future violation.
241		-	(2) On the second inspection during which a violation is
242		-	determined during a licensure period, impose a civil penalty of
243		-	fifty dollars ($50) for each violation determined during the
244		-	inspection.
245		-	(3) On the third inspection during which a violation is determined
246		-	during a licensure period, impose a civil penalty of seventy-five
247		-	dollars ($75) for each violation determined during the inspection.
248		-	(4) On the fourth inspection during which a violation is
249		-	determined during a licensure period:
250		-	(A) place the child care home's license on probation for not
251		-	HEA 1102 — CC 1 7
252		-	more than six (6) months; and
253		-	(B) impose a civil penalty of one hundred dollars ($100) for
254		-	each violation determined during the inspection.
255		-	(5) On the fifth inspection during which a violation is determined
256		-	during a licensure period:
257		-	(A) suspend or revoke the child care home's license for one (1)
258		-	year; and
259		-	(B) impose a civil penalty of two hundred fifty dollars ($250)
260		-	for each violation determined during the inspection.
261		-	(c) The division shall send to the licensee written notice:
262		-	(1) of an action taken under subsection (b), specifying the reason
263		-	for the action and amount of any monetary civil penalty; and
264		-	(2) that failure to pay any monetary civil penalty may result in
265		-	revocation of the child care home's license for not more than two
266		-	(2) years.
267		-	(d) The division shall deposit all civil penalties collected under this
268		-	section in the division of family resources child care fund established
269		-	by IC 12-17.2-2-3.
270		-	(e) In addition to the actions described in subsection (b), the
271		-	division may seek further disciplinary action provided for under this
272		-	article, as determined by the director.
273		-	SECTION 8. IC 12-17.2-5-6.5, AS AMENDED BY P.L.74-2022,
274		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
275		-	JULY 1, 2024]: Sec. 6.5. (a) To qualify for a license to operate a class
276		-	II child care home under this chapter, a person must do the following:
277		-	(1) Provide all child care services on the first story of the child
278		-	care home unless the class II child care home meets the
279		-	exceptions to the first story requirements contained in the Indiana
280		-	building code adopted by the fire prevention and building safety
281		-	commission in effect at the time the class II child care home
282		-	provider applies for licensure.
283		-	(2) Provide a smoke detection system that is:
284		-	(A) hard wired to the building's electrical system; and
285		-	(B) wired in a manner that activates all of the detector devices
286		-	in the building when one (1) detector device is activated.
287		-	(3) Provide a fire extinguisher in each room that is used to
288		-	provide child care services.
289		-	(4) Meet:
290		-	(A) the exit requirements for an E-3 building occupancy
291		-	classification under the Indiana building code adopted by the
292		-	fire prevention and building safety commission, except for any
293		-	illumination requirements, in effect at the time the class II
294		-	HEA 1102 — CC 1 8
295		-	child care home provider initially applies for licensure; and
296		-	(B) the illumination requirements established in section
297		-	6.3(b)(3) of this chapter.
298		-	(5) Provide a minimum of thirty-five (35) square feet for each
299		-	child.
300		-	(6) Conduct fire drills required under article 37 of the Indiana fire
301		-	prevention code adopted by the fire prevention and building
302		-	safety commission in effect at the time the class II child care
303		-	home provider applies for licensure.
304		-	(7) Apply for a license before July 1, 1996, or after June 30, 2001.
305		-	(8) Comply with rules adopted by the division of family resources
306		-	for class II child care homes.
307		-	(9) Complete the training course taught or approved by the
308		-	division concerning safe sleeping practices for a child within the
309		-	person's care as described in IC 12-17.2-2-1(10).
310		-	(b) To qualify for a license to operate a class II child care home
311		-	under this chapter, a person, before applying for the license, must have:
312		-	(1) a class I child care home license; or
313		-	(2) at least one (1) year of experience as a caregiver in a child
314		-	care home or child care center.
315		-	SECTION 9. IC 36-7-4-1108, AS AMENDED BY P.L.145-2006,
316		-	SECTION 374, IS AMENDED TO READ AS FOLLOWS
317		-	[EFFECTIVE JULY 1, 2024]: Sec. 1108. (a) This section applies only
318		-	to a child care home that is used as the primary residence of the person
319		-	who operates the child care home regardless of whether the child
320		-	care home meets the definition set forth in IC 12-7-2-28.6.
321		-	(b) As used in this section, "child care home" has the meaning set
322		-	forth in IC 12-7-2-28.6.
323		-	(c) (b) Except as provided in subsection (e), A zoning ordinance
324		-	may not do any of the following:
325		-	(1) Exclude a child care home from a residential area solely
326		-	because the child care home is a business.
327		-	(2) Impose limits on the number of children that may be served by
328		-	a child care home at any one (1) time that vary from the limits set
329		-	forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.
330		-	(3) Impose requirements or restrictions upon child care homes
331		-	that vary from the requirements and restrictions imposed upon
332		-	child care homes by rules adopted by the division of family
333		-	resources or the fire prevention and building safety commission.
334		-	(d) (c) Notwithstanding subsection (c), (b), a child care home may
335		-	be required to meet the same:
336		-	(1) zoning requirements;
337		-	HEA 1102 — CC 1 9
338		-	(2) developmental standards; and
339		-	(3) building codes;
340		-	that apply to other residential structures in the same residential district
341		-	or classification as the child care home.
342		-	(e) A zoning ordinance:
343		-	(1) that is in effect on July 1, 1993; and
344		-	(2) that:
345		-	(A) excludes a child care home from a residential area solely
346		-	because the child care home is a business;
347		-	(B) imposes limits on the number of children that may be
348		-	served by a child care home at any one (1) time that vary from
349		-	the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8; or
350		-	(C) imposes requirements or restrictions upon child care
351		-	homes that vary from the requirements and restrictions
352		-	imposed upon child care homes by rules adopted by the
353		-	division of family resources or the fire prevention and building
354		-	safety commission;
355		-	is not subject to subsection (c) until July 1, 1994.
356		-	HEA 1102 — CC 1 Speaker of the House of Representatives
357		-	President of the Senate
358		-	President Pro Tempore
359		-	Governor of the State of Indiana
360		-	Date: Time:
361		-	HEA 1102 — CC 1
	522	+	subdivision (10).".
	523	+	Delete pages 3 through 4.
	524	+	Page 5, delete lines 1 through 19.
	525	+	Page 6, delete lines 15 through 42.
	526	+	EH 1102—LS 6537/DI 148 14
	527	+	Page 7, delete lines 1 through 24.
	528	+	Renumber all SECTIONS consecutively.
	529	+	(Reference is to EHB 1102 as printed February 16, 2024.)
	530	+	WALKER G
	531	+	EH 1102—LS 6537/DI 148