*EH1253.3*
Reprinted
April 4, 2025
ENGROSSED
HOUSE BILL No. 1253
_____
DIGEST OF HB 1253 (Updated April 3, 2025 2:25 pm - DI 148)
Citations Affected: IC 12-17.2; IC 22-12.
Synopsis: Child care. Provides that a granted waiver or variance
expires three years after the date that the waiver or variance becomes
effective. Removes the requirement that a child receiving child care
from a school must be the child of a student or employee of the school.
(Continued next page)
Effective: Upon passage; July 1, 2025.
Heine, DeVon, Heaton, Hamilton
(SENATE SPONSORS — BROWN L, CHARBONNEAU, ROGERS,
DONATO, DORIOT, RANDOLPH LONNIE M, POL JR., YODER)
January 9, 2025, read first time and referred to Committee on Family, Children and Human
Affairs.
January 27, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
February 6, 2025, reported — Do Pass.
February 10, 2025, read second time, ordered engrossed.
February 11, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
SENATE ACTION
February 20, 2025, read first time and referred to Committee on Family and Children
Services.
March 10, 2025, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
March 27, 2025, amended, reported favorably — Do Pass.
April 3, 2025, read second time, amended, ordered engrossed.
EH 1253—LS 7209/DI 148 Digest Continued
Provides that, not later than June 30, 2026, the division of family
resources (division) shall establish an organizational license category
for multi-site child care centers operating under one owner, and
specifies obligations of the division with regard to the new license
category. Provides that, subject to exceptions, certain properties may
not be required to comply with a new or different set of building, fire
safety, or equipment laws than were originally enforced by the
department: (1) before July 1, 2025; or (2) two years after the earlier of
the date of the: (A) initial inspection; or (B) plan review. Allows a
child care home that was licensed to operate a Class 2 structure before
July 1, 2025, to continue operating in the structure notwithstanding the
building, fire safety, or equipment laws and regulations.
EH 1253—LS 7209/DI 148EH 1253—LS 7209/DI 148 Reprinted
April 4, 2025
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1253
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 12-17.2-2-8, AS AMENDED BY P.L.134-2024,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 8. The division shall exempt from licensure the
4 following programs:
5 (1) A program for children enrolled in grades kindergarten
6 through 12 that is operated by the department of education or a
7 public or private school.
8 (2) A program for children who become at least three (3) years of
9 age as of December 1 of a particular school year (as defined in
10 IC 20-18-2-17) that is operated by the department of education or
11 a public or private school.
12 (3) A nonresidential program for a child that provides child care
13 for less than four (4) hours a day.
14 (4) A recreation program for children that operates for not more
15 than ninety (90) days in a calendar year.
16 (5) A program whose primary purpose is to provide social,
17 recreational, or religious activities for school age children, such
EH 1253—LS 7209/DI 148 2
1 as scouting, boys club, girls club, sports, or the arts.
2 (6) A program operated to serve migrant children that:
3 (A) provides services for children from migrant worker
4 families; and
5 (B) is operated during a single period of less than one hundred
6 twenty (120) consecutive days during a calendar year.
7 (7) A child care ministry registered under IC 12-17.2-6.
8 (8) A child care home if the provider operates to serve migrant
9 children.
10 (9) A child care program operated by a public or private school
11 that does the following:
12 (A) Provides day care on school property for children of
13 students or employees of schools in the school corporation in
14 which the public or private school is located.
15 (B) Complies with health, safety, and sanitation standards as
16 determined by the division under section 4 of this chapter for
17 child care centers or in accordance with a variance or waiver
18 of a rule governing child care centers approved by the division
19 under section 10 of this chapter.
20 (C) Substantially complies with the fire and life safety rules as
21 determined by the state fire marshal under rules adopted by the
22 division under section 4 of this chapter for child care centers
23 or in accordance with a variance or waiver of a rule governing
24 child care centers approved by the division under section 10 of
25 this chapter.
26 (10) A school age child care program (commonly referred to as a
27 latch key program) established under IC 20-26-5-2 that is
28 operated by:
29 (A) the department of education;
30 (B) a public or private school; or
31 (C) a public or private organization under a written contract
32 with:
33 (i) the department of education; or
34 (ii) a public or private school.
35 (11) A child care program that:
36 (A) is operated by a public or private organization under a
37 contract with a public or private school;
38 (B) serves children who are enrolled in the public or private
39 school in:
40 (i) grades kindergarten through 12; or
41 (ii) a preschool program offered by a public or private
42 school as described in this subdivision; and
EH 1253—LS 7209/DI 148 3
1 (C) serves children who are:
2 (i) attending school through remote or e-learning due to a
3 disaster emergency declared under IC 10-14-3-12 or
4 IC 10-14-3-29; or
5 (ii) participating in a learning recovery program that
6 administers an assessment to measure student learning loss
7 and provides Indiana academic standards aligned
8 instruction.
9 (12) An educational program:
10 (A) consisting of a group of not more than ten (10) students
11 who attend the educational program in lieu of attending
12 prekindergarten or kindergarten through grade 12 at a public
13 or private school;
14 (B) whose students meet in a single classroom in person or
15 outside a classroom and which may include mixed age level
16 groupings; and
17 (C) that is under the supervision of a teacher or tutor.
18 (13) If located in the same public or private school building:
19 (A) a preschool program that is operated by the public or
20 private school; and
21 (B) either or both of the following:
22 (i) A child care program described in subdivision (9).
23 (ii) A school age child care program described in
24 subdivision (10).
25 (14) A child care program operated by a public or private school
26 that does the following:
27 (A) Provides day care on school property for children of
28 employees of a business or organization with which the school
29 has entered into a contract to provide services. If the school
30 property is owned by the school, the school property must have
31 been both:
32 (i) owned by the school; and
33 (ii) used for child care;
34 on or before January 1, 2024.
35 (B) Complies with health, safety, and sanitation standards as
36 determined by the division under section 4 of this chapter for
37 child care centers or in accordance with a variance or waiver
38 of a rule governing child care centers approved by the division
39 under section 10 of this chapter.
40 (C) Substantially complies with the fire and life safety rules as
41 determined by the state fire marshal under rules adopted by the
42 division under section 4 of this chapter for child care centers
EH 1253—LS 7209/DI 148 4
1 or in accordance with a variance or waiver of a rule governing
2 child care centers approved by the division under section 10 of
3 this chapter.
4 SECTION 2. IC 12-17.2-2-11 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11. A waiver or
6 variance granted under section 10 of this chapter and a waiver or
7 variance renewed under section 12 of this chapter expires on the earlier
8 of the following:
9 (1) The date when the license affected by the waiver or variance
10 expires.
11 (2) The date set by the division for the expiration of the waiver or
12 variance.
13 (3) The occurrence of the event set by the division for the
14 expiration of the waiver or variance.
15 (4) Two (2) Three (3) years after the date that the waiver or
16 variance becomes effective.
17 SECTION 3. IC 12-17.2-2-15 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Not later than June 30,
20 2026, the division shall establish an organizational license category
21 for multi-site child care centers operating under one (1) owner.
22 (b) In establishing the license category under subsection (a), the
23 division shall do the following:
24 (1) Allow an owner to make a single license application for
25 one (1) or more child care centers and assign each owner's
26 license a unique license number.
27 (2) Allow an owner to pay a single licensure fee even if
28 applying for multiple child care center locations, which must
29 be equal to the fee that the owner would pay for each separate
30 child care license under section 2 of this chapter.
31 (3) Assign each owner a separate location number for each
32 facility.
33 (4) Monitor each facility separately by location number to
34 ensure that each facility separately meets important health
35 and safety standards.
36 (5) Inspect each location number separately for compliance,
37 create separate plans of correction for each location number,
38 and provide location number based enforcement that does not
39 affect the other location numbers.
40 (6) Provide maximum flexibility to an owner when the owner
41 is considering adding new locations to serve a community's
42 need for licensed child care.
EH 1253—LS 7209/DI 148 5
1 (7) Reduce redundancy in the application process for an
2 owner.
3 (8) Reduce the administrative burden to the state in reviewing
4 multiple licenses for a single owner.
5 (9) Consider the maximum efficiencies for the organizational
6 license holder to drive down operational costs for the child
7 care center owner.
8 SECTION 4. IC 22-12-7-15 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
10 UPON PASSAGE]: Sec. 15. (a) Except as provided by subsection
11 (c), if a property is inspected by the department or plans were
12 reviewed by the department, neither the department nor a political
13 subdivision may require compliance with a new or different set of
14 building, fire safety, or equipment laws than were originally
15 enforced by the department:
16 (1) before July 1, 2025; or
17 (2) two (2) years after the earlier of the date of the:
18 (A) initial inspection; or
19 (B) plan review.
20 (b) A child care home (as defined in IC 12-7-2-28.6) that was
21 licensed to operate in a Class 2 structure by the office of the
22 secretary of family and social services before July 1, 2025, may
23 continue to operate in the structure notwithstanding the provisions
24 of this article and 675 IAC 13.
25 (c) Subsection (a) does not apply to any of the following:
26 (1) Any:
27 (A) fraud;
28 (B) material misrepresentation; or
29 (C) other act of bad faith;
30 that results in misapplication of the appropriate
31 requirements.
32 (2) A change of use or occupancy of the structure or
33 equipment.
34 (3) A condition imposed in a variance issued by the:
35 (A) department; or
36 (B) commission.
37 (4) Any new construction, addition, or alteration of the
38 structure or equipment.
39 (5) A violation that would qualify for an emergency order
40 under section 6(a)(1) of this chapter.
41 (6) Any maintenance requirements.
42 SECTION 5. An emergency is declared for this act.
EH 1253—LS 7209/DI 148 6
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1253, 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:
Page 1, delete lines 1 through 17.
Page 2, delete lines 1 through 18.
Page 5, line 14, delete "multi-state" and insert "multi-site".
Page 5, delete lines 36 through 42.
Delete page 6.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1253 as introduced.)
DEVON
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1253, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to HB 1253 as printed January 27, 2025.)
THOMPSON
Committee Vote: Yeas 22, Nays 0
EH 1253—LS 7209/DI 148 7
COMMITTEE REPORT
Mr. President: The Senate Committee on Family and Children
Services, to which was referred House Bill No. 1253, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS and be
reassigned to the Senate Committee on Appropriations.
(Reference is to HB 1253 as printed February 6, 2025.)
WALKER G, Chairperson
Committee Vote: Yeas 8, Nays 0
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, to which
was referred Engrossed House Bill No. 1253, 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 4, delete lines 17 through 42.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to EHB 1253 as printed March 11, 2025.)
MISHLER, Chairperson
Committee Vote: Yeas 11, Nays 0.
_____
SENATE MOTION
Mr. President: I move that Engrossed House Bill 1253 be amended
to read as follows:
Page 4, after line 16, begin a new paragraph and insert:
"SECTION 3. IC 12-17.2-2-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Not later than June 30,
2026, the division shall establish an organizational license category
for multi-site child care centers operating under one (1) owner.
(b) In establishing the license category under subsection (a), the
EH 1253—LS 7209/DI 148 8
division shall do the following:
(1) Allow an owner to make a single license application for
one (1) or more child care centers and assign each owner's
license a unique license number.
(2) Allow an owner to pay a single licensure fee even if
applying for multiple child care center locations, which must
be equal to the fee that the owner would pay for each separate
child care license under section 2 of this chapter.
(3) Assign each owner a separate location number for each
facility.
(4) Monitor each facility separately by location number to
ensure that each facility separately meets important health
and safety standards.
(5) Inspect each location number separately for compliance,
create separate plans of correction for each location number,
and provide location number based enforcement that does not
affect the other location numbers.
(6) Provide maximum flexibility to an owner when the owner
is considering adding new locations to serve a community's
need for licensed child care.
(7) Reduce redundancy in the application process for an
owner.
(8) Reduce the administrative burden to the state in reviewing
multiple licenses for a single owner.
(9) Consider the maximum efficiencies for the organizational
license holder to drive down operational costs for the child
care center owner.
SECTION 4. IC 22-12-7-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) Except as provided by subsection
(c), if a property is inspected by the department or plans were
reviewed by the department, neither the department nor a political
subdivision may require compliance with a new or different set of
building, fire safety, or equipment laws than were originally
enforced by the department:
(1) before July 1, 2025; or
(2) two (2) years after the earlier of the date of the:
(A) initial inspection; or
(B) plan review.
(b) A child care home (as defined in IC 12-7-2-28.6) that was
licensed to operate in a Class 2 structure by the office of the
secretary of family and social services before July 1, 2025, may
EH 1253—LS 7209/DI 148 9
continue to operate in the structure notwithstanding the provisions
of this article and 675 IAC 13.
(c) Subsection (a) does not apply to any of the following:
(1) Any:
(A) fraud;
(B) material misrepresentation; or
(C) other act of bad faith;
that results in misapplication of the appropriate
requirements.
(2) A change of use or occupancy of the structure or
equipment.
(3) A condition imposed in a variance issued by the:
(A) department; or
(B) commission.
(4) Any new construction, addition, or alteration of the
structure or equipment.
(5) A violation that would qualify for an emergency order
under section 6(a)(1) of this chapter.
(6) Any maintenance requirements.
SECTION 5. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1253 as printed March 28, 2025.)
BROWN L
EH 1253—LS 7209/DI 148