Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1102
AN ACT to amend the Indiana Code concerning human services.
Be it enacted by the General Assembly of the State of Indiana:
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
(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
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(3) at least fourteen (14) years of age and does not require
child care;
is not a child described under subsection (a).
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 a building owned or leased by a:
(1) school corporation;
(2) public school; or
(3) private school;
within the school district in which the school is located.
SECTION 3. IC 12-17.2-1-1, AS AMENDED BY P.L.56-2023,
SECTION 116, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. Except as provided in
IC 12-17.2-3.5, this article does not apply to the following:
(1) A child care center or child care home licensed or operated by
any of the following:
(A) Programs for children in grades kindergarten through 12
that are operated under the authority of the department of
education or that are operated with the assistance of the
department of education.
(B) The division of mental health and addiction.
(C) The Indiana department of health.
(D) The department of correction.
(2) A person who provides child care in the person's
residential structure, if the person:
(A) does not receive regular compensation for child care;
(B) cares only for children who are related to the provider;
(C) cares for less than eight (8) children, not including a
child who is:
(i) a relative of a provider;
(ii) under the custody or guardianship of a provider; or
(iii) at least fourteen (14) years of age and does not
require child care; or
(D) provides child care for less than six (6) hours per day,
but not more than thirty (30) hours per week.
(2) (3) A county jail or detention center.
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
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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
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 children of students or employees of schools in the school
corporation in which the public or private school is located.
(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.
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(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;
(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).
(14) A child care program operated by a public or private
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school that does the following:
(A) Provides day care on school property for children of
employees of a business or organization with which the
school has entered into a contract to provide services. If
the school property is owned by the school, the school
property must have been both:
(i) owned by the school; and
(ii) used for child care;
on or before January 1, 2024.
(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.
(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.
SECTION 5. IC 12-17.2-3.5-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.5. A child care provider is
eligible to receive a voucher payment if the provider complies with
this chapter and:
(1) does not receive regular compensation;
(2) cares only for children who are related to the provider;
(3) cares for less than eight (8) children, not including
children for whom the provider is a parent, stepparent,
guardian, custodian, or other relative; or
(4) operates to serve migrant children.
SECTION 6. IC 12-17.2-4-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A license for a
child care center expires two (2) three (3) years after the date of
issuance, unless revoked, modified to a probationary or suspended
status, or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the division.
(c) A current license shall be publicly displayed.
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(d) When a licensee submits a timely application for renewal, the
current license shall remain in effect until the division issues a license
or denies the application.
(e) A licensee shall publicly display and make available, as a
handout, written documentation of:
(1) any changes in the status of the licensee's license;
(2) a telephone number and an Internet site where information
may be obtained from the division concerning:
(A) the current status of the licensee's license;
(B) any complaints filed with the division concerning the
licensee; and
(C) violations of this article by the licensee; and
(3) a telephone number of the office of the Indiana child care
resource and referral program of the county in which the child
care center is located.
SECTION 7. IC 12-17.2-5-3.7, AS ADDED BY P.L.53-2018,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3.7. (a) A licensee that cares for children who are
less than twelve (12) months of age shall:
(1) complete the training course provided or approved by the
division under IC 12-17.2-2-1(10) concerning safe sleeping
practices as required by section 6.3(a)(3) or 6.5(a)(9) 6.5(9) of
this chapter, whichever is applicable; and
(2) ensure that all caregivers of children who are less than twelve
(12) months of age follow safe sleeping practices.
(b) If a licensee violates subsection (a), the division may do the
following with respect to each violation determined during an
inspection of the child care home:
(1) On the first inspection during which a violation is determined
during a licensure period, issue a formal warning letter stating the
division's intent to take administrative action and impose a civil
penalty for any future violation.
(2) On the second inspection during which a violation is
determined during a licensure period, impose a civil penalty of
fifty dollars ($50) for each violation determined during the
inspection.
(3) On the third inspection during which a violation is determined
during a licensure period, impose a civil penalty of seventy-five
dollars ($75) for each violation determined during the inspection.
(4) On the fourth inspection during which a violation is
determined during a licensure period:
(A) place the child care home's license on probation for not
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more than six (6) months; and
(B) impose a civil penalty of one hundred dollars ($100) for
each violation determined during the inspection.
(5) On the fifth inspection during which a violation is determined
during a licensure period:
(A) suspend or revoke the child care home's license for one (1)
year; and
(B) impose a civil penalty of two hundred fifty dollars ($250)
for each violation determined during the inspection.
(c) The division shall send to the licensee written notice:
(1) of an action taken under subsection (b), specifying the reason
for the action and amount of any monetary civil penalty; and
(2) that failure to pay any monetary civil penalty may result in
revocation of the child care home's license for not more than two
(2) years.
(d) The division shall deposit all civil penalties collected under this
section in the division of family resources child care fund established
by IC 12-17.2-2-3.
(e) In addition to the actions described in subsection (b), the
division may seek further disciplinary action provided for under this
article, as determined by the director.
SECTION 8. IC 12-17.2-5-6.5, AS AMENDED BY P.L.74-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6.5. (a) To qualify for a license to operate a class
II child care home under this chapter, a person must do the following:
(1) Provide all child care services on the first story of the child
care home unless the class II child care home meets the
exceptions to the first story requirements contained in the Indiana
building code adopted by the fire prevention and building safety
commission in effect at the time the class II child care home
provider applies for licensure.
(2) Provide a smoke detection system that is:
(A) hard wired to the building's electrical system; and
(B) wired in a manner that activates all of the detector devices
in the building when one (1) detector device is activated.
(3) Provide a fire extinguisher in each room that is used to
provide child care services.
(4) Meet:
(A) the exit requirements for an E-3 building occupancy
classification under the Indiana building code adopted by the
fire prevention and building safety commission, except for any
illumination requirements, in effect at the time the class II
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child care home provider initially applies for licensure; and
(B) the illumination requirements established in section
6.3(b)(3) of this chapter.
(5) Provide a minimum of thirty-five (35) square feet for each
child.
(6) Conduct fire drills required under article 37 of the Indiana fire
prevention code adopted by the fire prevention and building
safety commission in effect at the time the class II child care
home provider applies for licensure.
(7) Apply for a license before July 1, 1996, or after June 30, 2001.
(8) Comply with rules adopted by the division of family resources
for class II child care homes.
(9) Complete the training course taught or approved by the
division concerning safe sleeping practices for a child within the
person's care as described in IC 12-17.2-2-1(10).
(b) To qualify for a license to operate a class II child care home
under this chapter, a person, before applying for the license, must have:
(1) a class I child care home license; or
(2) at least one (1) year of experience as a caregiver in a child
care home or child care center.
SECTION 9. IC 36-7-4-1108, AS AMENDED BY P.L.145-2006,
SECTION 374, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1108. (a) This section applies only
to a child care home that is used as the primary residence of the person
who operates the child care home regardless of whether the child
care home meets the definition set forth in IC 12-7-2-28.6.
(b) As used in this section, "child care home" has the meaning set
forth in IC 12-7-2-28.6.
(c) (b) Except as provided in subsection (e), A zoning ordinance
may not do any of the following:
(1) Exclude a child care home from a residential area solely
because the child care home is a business.
(2) Impose limits on the number of children that may be served by
a child care home at any one (1) time that vary from the limits set
forth in IC 12-7-2-33.7 and IC 12-7-2-33.8.
(3) Impose requirements or restrictions upon child care homes
that vary from the requirements and restrictions imposed upon
child care homes by rules adopted by the division of family
resources or the fire prevention and building safety commission.
(d) (c) Notwithstanding subsection (c), (b), a child care home may
be required to meet the same:
(1) zoning requirements;
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(2) developmental standards; and
(3) building codes;
that apply to other residential structures in the same residential district
or classification as the child care home.
(e) A zoning ordinance:
(1) that is in effect on July 1, 1993; and
(2) that:
(A) excludes a child care home from a residential area solely
because the child care home is a business;
(B) imposes limits on the number of children that may be
served by a child care home at any one (1) time that vary from
the limits set forth in IC 12-7-2-33.7 and IC 12-7-2-33.8; or
(C) imposes requirements or restrictions upon child care
homes that vary from the requirements and restrictions
imposed upon child care homes by rules adopted by the
division of family resources or the fire prevention and building
safety commission;
is not subject to subsection (c) until July 1, 1994.
HEA 1102 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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