Introduced Version
HOUSE BILL No. 1398
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-17.2-4.
Synopsis: Child care centers. Provides that the results of a national
criminal history background check of an individual conducted for
purposes of the individual's presence on the premises of a provider's
child care center apply for purposes of the individual's presence on the
premises of any child care center operated by the provider. Allows a
child care center to allow an individual to work, while supervised, at
the child care center during the period after submission of requests for
any required preemployment verification of the individual but before
the child care center receives the results of the preemployment
verification. Provides that a child care center may allow an employee
of the child care center who: (1) is at least 18 years of age; and (2) has
successfully completed all criminal background checks and educational
requirements required for employment by a licensed child care center;
to be the sole supervisor of a classroom or area for children of any age.
Requires the office of the secretary of family and social services
(office) to amend the office's rules to provide that, for the purposes of
staffing child care centers: (1) "infant" means a child who is less than
12 months of age; and (2) "toddler" means a child who is at least 12
months of age but less than 24 months of age.
Effective: Upon passage.
Lindauer
January 11, 2024, read first time and referred to Committee on Family, Children and
Human Affairs.
2024 IN 1398—LS 6883/DI 119 Introduced
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.
HOUSE BILL No. 1398
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 12-17.2-4-3, AS AMENDED BY P.L.183-2021,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child care
4 center license on forms provided by the division.
5 (b) An applicant must submit the required information as part of the
6 application, including the following:
7 (1) If the county, city, or town in which the child care center is
8 located requires a business permit or license to operate a child
9 care center in the county, city, or town, proof that the applicant
10 has a valid business permit or license.
11 (2) If the county, city, or town in which the child care center is
12 located does not require a business permit or license described in
13 subdivision (1), a statement from the county, city, or town that a
14 business permit or license is not required.
15 (3) A current and valid electronic mail address for the applicant.
16 (c) The applicant must submit with the application a statement
17 attesting that the applicant:
2024 IN 1398—LS 6883/DI 119 2
1 (1) has not been convicted of:
2 (A) a felony:
3 (i) related to the health or safety of a child;
4 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
5 (iii) that is a dangerous felony; or
6 (iv) that is not a felony otherwise described in items (i)
7 through (iii), and less than ten (10) years have elapsed from
8 the date the person was discharged from probation,
9 imprisonment, or parole, whichever discharge date is latest;
10 (B) a misdemeanor relating to the health or safety of children;
11 (C) a misdemeanor for operating a child care center without a
12 license under section 35 of this chapter, or of a substantially
13 similar offense committed in another jurisdiction if the offense
14 is directly or indirectly related to jeopardizing the health or
15 safety of a child; or
16 (D) a misdemeanor for operating a child care home without a
17 license under IC 12-17.2-5-35, or of a substantially similar
18 offense committed in another jurisdiction if the offense is
19 directly or indirectly related to jeopardizing the health or
20 safety of a child; and
21 (2) has not been charged with:
22 (A) a felony;
23 (B) a misdemeanor relating to the health or safety of children;
24 (C) a misdemeanor for operating a child care center without a
25 license under section 35 of this chapter, or with a substantially
26 similar offense in another jurisdiction if the offense is directly
27 or indirectly related to jeopardizing the health or safety of a
28 child; or
29 (D) a misdemeanor for operating a child care home without a
30 license under IC 12-17.2-5-35, or with a substantially similar
31 offense in another jurisdiction if the offense is directly or
32 indirectly related to jeopardizing the health or safety of a child;
33 during the pendency of the application.
34 (d) An applicant shall, at no expense to the state, submit:
35 (1) the necessary information, forms, or consents; and
36 (2) the applicant's fingerprints;
37 for a national criminal history background check by the Federal Bureau
38 of Investigation.
39 (e) Subject to section 3.3 of this chapter, the applicant must, at no
40 expense to the state, do the following:
41 (1) Require an employee or volunteer of the applicant who may
42 be present on the premises of the child care center during
2024 IN 1398—LS 6883/DI 119 3
1 operating hours of the child care center to submit fingerprints for
2 a national criminal history background check by the Federal
3 Bureau of Investigation.
4 (2) Report to the division any:
5 (A) police investigations;
6 (B) arrests; and
7 (C) criminal convictions;
8 of which the applicant is aware regarding the applicant or an
9 employee or volunteer described in subdivision (1).
10 An applicant shall require an individual described in subdivision (1) to
11 apply for a national criminal history background check before the
12 individual is employed or allowed to volunteer and every three (3)
13 years thereafter that the individual is continuously employed or allowed
14 to volunteer.
15 (f) The results of a national criminal history background check
16 of an individual conducted under this section for purposes of the
17 individual's presence on the premises of an applicant's child care
18 center apply for purposes of the individual's presence on the
19 premises of any child care center operated by the applicant.
20 SECTION 2. IC 12-17.2-4-3.7 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE UPON PASSAGE]: Sec. 3.7. (a) Subject to subsection
23 (b), a child care center may employ an individual with respect to
24 whom:
25 (1) requests have been submitted for any preemployment
26 verification, including any:
27 (A) criminal history or other background check;
28 (B) alcohol or drug test; or
29 (C) test for a communicable disease;
30 required for the individual to be employed by the child care
31 center; and
32 (2) the child care center has not received the results of the
33 preemployment verification described in subdivision (1);
34 in any capacity in which the individual is otherwise qualified to be
35 employed by the child care center.
36 (b) An individual employed by a child care center under
37 subsection (a) must, at all times at which the individual is employed
38 by the child care center during the period described in subsection
39 (a), be supervised by an employee of the child care center who is
40 fully qualified to be employed in the capacity in which the child
41 care center allows the individual to work under subsection (a).
42 SECTION 3. IC 12-17.2-4-4.3 IS ADDED TO THE INDIANA
2024 IN 1398—LS 6883/DI 119 4
1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE UPON PASSAGE]: Sec. 4.3. A child care center may
3 allow an employee of the child care center who:
4 (1) is at least eighteen (18) years of age; and
5 (2) has successfully completed all:
6 (A) criminal background checks; and
7 (B) educational requirements;
8 required for employment by a licensed child care center;
9 to be the sole supervisor of a classroom or area for children of any
10 age.
11 SECTION 4. [EFFECTIVE UPON PASSAGE] (a) As used in this
12 SECTION, "office" refers to the office of the secretary of family
13 and social services established by IC 12-8-1.5-1.
14 (b) Not later than July 1, 2024, the office shall initiate the
15 process of amending the office's rules in conformance with
16 IC 12-17.2-4-3.7 and IC 12-17.2-4-4.3, both as added by this act.
17 (c) Not later than July 1, 2024, the office shall initiate the
18 process of amending 470 IAC 3-4.7-1 to provide that:
19 (1) "infant" means a child who is less than twelve (12) months
20 of age; and
21 (2) "toddler" means a child who is at least twelve (12) months
22 of age but less than twenty-four (24) months of age.
23 (d) This SECTION expires January 1, 2025.
24 SECTION 5. An emergency is declared for this act.
2024 IN 1398—LS 6883/DI 119