Introduced Version
HOUSE BILL No. 1277
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2-149.1; IC 12-17.2; IC 16-38-5-3;
IC 20-27-9-12; IC 31-9-2-31; IC 31-33.
Synopsis: Regulation of child care centers. Allows a provider to
remain eligible to receive a voucher payment until a final determination
is made that the provider's license or eligibility is no longer in good
standing. Provides that a child care center is exempt from licensure if
the child care center complies with all of the requirements for child
care ministries, including registration. Makes conforming changes.
Effective: July 1, 2025.
Manning
January 13, 2025, read first time and referred to Committee on Family, Children and
Human Affairs.
2025 IN 1277—LS 7015/DI 148 Introduced
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.
HOUSE BILL No. 1277
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 12-7-2-149.1, AS AMENDED BY P.L.10-2019,
2 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 149.1. "Provider" means the following:
4 (1) For purposes of IC 12-10-7, the meaning set forth in
5 IC 12-10-7-3.
6 (2) For purposes of the following statutes, an individual, a
7 partnership, a corporation, or a governmental entity that is
8 enrolled in the Medicaid program under rules adopted under
9 IC 4-22-2 by the office of Medicaid policy and planning:
10 (A) IC 12-14-1 through IC 12-14-8.
11 (B) IC 12-15, except IC 12-15-32, IC 12-15-33, and
12 IC 12-15-34.
13 (C) IC 12-17.6.
14 (3) Except as provided in subdivisions (4) and (6), for purposes
15 of IC 12-17.2, a person who operates a child care center or child
16 care home under IC 12-17.2.
17 (4) For purposes of IC 12-17.2-3.5, a person that:
2025 IN 1277—LS 7015/DI 148 2
1 (A) provides child care; and
2 (B) is directly paid for the provision of the child care under the
3 federal Child Care and Development Fund voucher program
4 administered under 45 CFR 98 and 45 CFR 99.
5 The term does not include an individual who provides services to
6 a person described in clauses (A) and (B), regardless of whether
7 the individual receives compensation.
8 (5) For purposes of IC 12-21-1 through IC 12-29-2, an
9 organization:
10 (A) that:
11 (i) provides mental health services, as defined under 42
12 U.S.C. 300x-2(c);
13 (ii) provides addiction services; or
14 (iii) provides children's mental health services;
15 (B) that has entered into a provider agreement with the
16 division of mental health and addiction under IC 12-21-2-7 to
17 provide services in the least restrictive, most appropriate
18 setting; and
19 (C) that is operated by one (1) of the following:
20 (i) A city, town, county, or other political subdivision of the
21 state.
22 (ii) An agency of the state or of the United States.
23 (iii) A political subdivision of another state.
24 (iv) A hospital owned or operated by a unit of government
25 or a building authority that is organized for the purpose of
26 constructing facilities to be leased to units of government.
27 (v) A corporation incorporated under IC 23-7-1.1 (before its
28 repeal August 1, 1991) or IC 23-17.
29 (vi) An organization that is exempt from federal income
30 taxation under Section 501(c)(3) of the Internal Revenue
31 Code.
32 (vii) A university or college.
33 (6) For purposes of IC 12-17.2-2-10, the following:
34 (A) A person described in subdivision (4).
35 (B) A child care center licensed under IC 12-17.2-4 or
36 registered under IC 12-17.2-6.
37 (C) A child care home licensed under IC 12-17.2-5.
38 SECTION 2. IC 12-17.2-2-1, AS AMENDED BY THE
39 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
40 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 1. The division shall perform the following duties:
42 (1) Administer the licensing and monitoring of child care centers
2025 IN 1277—LS 7015/DI 148 3
1 or child care homes in accordance with this article.
2 (2) Ensure that a national criminal history background check of
3 the following is completed through the state police department
4 under IC 10-13-3-39 before issuing a license:
5 (A) An applicant for a license.
6 (B) An employee or volunteer of an applicant who may be
7 present on the premises of the child care center or child care
8 home during the operating hours of the child care center or
9 child care home.
10 (C) If an applicant is applying for a license to operate a child
11 care home, the following:
12 (i) The applicant's spouse.
13 (ii) The applicant's household members who are at least
14 eighteen (18) years of age or who are less than eighteen (18)
15 years of age but have previously been waived from juvenile
16 court to adult court.
17 (3) Ensure that a national criminal history background check of
18 the following is completed through the state police department
19 under IC 10-13-3-39 before registering a child care ministry:
20 (A) An applicant for a child care ministry registration.
21 (B) An employee or volunteer of an applicant who may be
22 present on the premises of the child care ministry during the
23 operating hours of the child care ministry.
24 (4) Provide for the issuance, denial, suspension, and revocation of
25 licenses.
26 (5) Cooperate with governing bodies of child care centers and
27 child care homes and their staffs to improve standards of child
28 care.
29 (6) Prepare at least biannually a directory of licensees with a
30 description of the program capacity and type of children served
31 that will be distributed to the legislature, licensees, and other
32 interested parties as a public document.
33 (7) Deposit all license application fees collected under section 2
34 of this chapter in the division of family resources child care fund
35 established by section 3 of this chapter.
36 (8) Require each child care center or child care home to record
37 proof of a child's date of birth before accepting the child. A child's
38 date of birth may be proven by the child's original birth certificate
39 or other reliable proof of the child's date of birth, including a duly
40 attested transcript of a birth certificate.
41 (9) Provide an Internet web site a website through which
42 members of the public may obtain the following information:
2025 IN 1277—LS 7015/DI 148 4
1 (A) Information concerning violations of this article by a
2 licensed child care provider, including:
3 (i) the identity of the child care provider;
4 (ii) the date of the violation; and
5 (iii) action taken by the division in response to the violation.
6 (B) Current status of a child care provider's license.
7 (C) Other relevant information.
8 The Internet web site website may not contain the address of a
9 child care home or information identifying an individual child.
10 However, the site website may include the county and ZIP code
11 in which a child care home is located.
12 (10) Provide or approve training concerning safe sleeping
13 practices for children to:
14 (A) a provider who operates a child care program in the
15 provider's home as described in IC 12-17.2-3.5-12.5;
16 (B) a child care home licensed under IC 12-17.2-5;
17 (C) a child care center licensed under IC 12-17.2-4 or
18 registered under IC 12-17.2-6; and
19 (D) a child care ministry registered under IC 12-17.2-6;
20 including practices to reduce the risk of sudden infant death
21 syndrome.
22 SECTION 3. IC 12-17.2-2-8, AS AMENDED BY P.L.134-2024,
23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 8. The division shall exempt from licensure the
25 following programs:
26 (1) A program for children enrolled in grades kindergarten
27 through 12 that is operated by the department of education or a
28 public or private school.
29 (2) A program for children who become at least three (3) years of
30 age as of December 1 of a particular school year (as defined in
31 IC 20-18-2-17) that is operated by the department of education or
32 a public or private school.
33 (3) A nonresidential program for a child that provides child care
34 for less than four (4) hours a day.
35 (4) A recreation program for children that operates for not more
36 than ninety (90) days in a calendar year.
37 (5) A program whose primary purpose is to provide social,
38 recreational, or religious activities for school age children, such
39 as scouting, boys club, girls club, sports, or the arts.
40 (6) A program operated to serve migrant children that:
41 (A) provides services for children from migrant worker
42 families; and
2025 IN 1277—LS 7015/DI 148 5
1 (B) is operated during a single period of less than one hundred
2 twenty (120) consecutive days during a calendar year.
3 (7) A child care ministry or child care center registered under
4 IC 12-17.2-6.
5 (8) A child care home if the provider operates to serve migrant
6 children.
7 (9) A child care program operated by a public or private school
8 that does the following:
9 (A) Provides day care on school property for children of
10 students or employees of schools in the school corporation in
11 which the public or private school is located.
12 (B) Complies with health, safety, and sanitation standards as
13 determined by the division under section 4 of this chapter for
14 child care centers or in accordance with a variance or waiver
15 of a rule governing child care centers approved by the division
16 under section 10 of this chapter.
17 (C) Substantially complies with the fire and life safety rules as
18 determined by the state fire marshal under rules adopted by the
19 division under section 4 of this chapter for child care centers
20 or in accordance with a variance or waiver of a rule governing
21 child care centers approved by the division under section 10 of
22 this chapter.
23 (10) A school age child care program (commonly referred to as a
24 latch key program) established under IC 20-26-5-2 that is
25 operated by:
26 (A) the department of education;
27 (B) a public or private school; or
28 (C) a public or private organization under a written contract
29 with:
30 (i) the department of education; or
31 (ii) a public or private school.
32 (11) A child care program that:
33 (A) is operated by a public or private organization under a
34 contract with a public or private school;
35 (B) serves children who are enrolled in the public or private
36 school in:
37 (i) grades kindergarten through 12; or
38 (ii) a preschool program offered by a public or private
39 school as described in this subdivision; and
40 (C) serves children who are:
41 (i) attending school through remote or e-learning due to a
42 disaster emergency declared under IC 10-14-3-12 or
2025 IN 1277—LS 7015/DI 148 6
1 IC 10-14-3-29; or
2 (ii) participating in a learning recovery program that
3 administers an assessment to measure student learning loss
4 and provides Indiana academic standards aligned
5 instruction.
6 (12) An educational program:
7 (A) consisting of a group of not more than ten (10) students
8 who attend the educational program in lieu of attending
9 prekindergarten or kindergarten through grade 12 at a public
10 or private school;
11 (B) whose students meet in a single classroom in person or
12 outside a classroom and which may include mixed age level
13 groupings; and
14 (C) that is under the supervision of a teacher or tutor.
15 (13) If located in the same public or private school building:
16 (A) a preschool program that is operated by the public or
17 private school; and
18 (B) either or both of the following:
19 (i) A child care program described in subdivision (9).
20 (ii) A school age child care program described in
21 subdivision (10).
22 (14) A child care program operated by a public or private school
23 that does the following:
24 (A) Provides day care on school property for children of
25 employees of a business or organization with which the school
26 has entered into a contract to provide services. If the school
27 property is owned by the school, the school property must have
28 been both:
29 (i) owned by the school; and
30 (ii) used for child care;
31 on or before January 1, 2024.
32 (B) Complies with health, safety, and sanitation standards as
33 determined by the division under section 4 of this chapter for
34 child care centers or in accordance with a variance or waiver
35 of a rule governing child care centers approved by the division
36 under section 10 of this chapter.
37 (C) Substantially complies with the fire and life safety rules as
38 determined by the state fire marshal under rules adopted by the
39 division under section 4 of this chapter for child care centers
40 or in accordance with a variance or waiver of a rule governing
41 child care centers approved by the division under section 10 of
42 this chapter.
2025 IN 1277—LS 7015/DI 148 7
1 SECTION 4. IC 12-17.2-3.5-4, AS AMENDED BY P.L.121-2020,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 4. (a) A provider is ineligible to receive a voucher
4 payment if the provider:
5 (1) has been convicted of a:
6 (A) felony:
7 (i) related to the health or safety of a child;
8 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
9 (iii) that is a dangerous felony; or
10 (iv) that is not a felony otherwise described in items (i)
11 through (iii), and less than ten (10) years have elapsed from
12 the date the person was discharged from probation,
13 imprisonment, or parole, whichever discharge date is latest;
14 (B) misdemeanor related to:
15 (i) the health or safety of a child; or
16 (ii) welfare fraud;
17 (C) misdemeanor for operating a child care center without a
18 license under IC 12-17.2-4-35, or of a substantially similar
19 offense committed in another jurisdiction if the offense is
20 directly or indirectly related to jeopardizing the health or
21 safety of a child; or
22 (D) misdemeanor for operating a child care home without a
23 license under IC 12-17.2-5-35, or of a substantially similar
24 offense committed in another jurisdiction if the offense is
25 directly or indirectly related to jeopardizing the health or
26 safety of a child;
27 (2) allows an individual who has been convicted of a crime
28 specified under subdivision (1) to reside with the provider, if the
29 provider operates a child care program in the provider's home;
30 (3) employs an individual or allows an individual to volunteer
31 who:
32 (A) may be on the premises of the facility where the provider
33 operates a child care program during operating hours of the
34 child care program; and
35 (B) has been convicted of a crime specified in subdivision (1);
36 (4) has had a revocation of eligibility under this chapter during
37 the immediately preceding two (2) years; or
38 (5) fails to meet the requirements of this chapter.
39 (b) A provider whose:
40 (1) license under IC 12-17.2-4 or IC 12-17.2-5; or
41 (2) compliance with this chapter;
42 is subject to an enforcement action is ineligible eligible to receive a
2025 IN 1277—LS 7015/DI 148 8
1 voucher payment, regardless of whether if the provider meets the
2 requirements of this chapter, until the outcome of any proceeding under
3 IC 4-21.5 reflects a final determination that the provider's license or
4 eligibility is no longer in good standing.
5 (c) Subject to subsection (e), if the division decertifies a provider
6 under this chapter, the provider:
7 (1) may reapply for eligibility to receive a voucher payment at any
8 time that the provider is able to demonstrate compliance with this
9 chapter; and
10 (2) is not eligible to receive a voucher payment under this chapter
11 until the provider receives notice from the division that the
12 provider's application under subdivision (1) has been approved.
13 (d) In determining whether a provider meets the requirements of this
14 chapter, the division may not consider religious instruction or
15 activities.
16 (e) The division may not decertify a provider until there has
17 been a final determination in a proceeding under IC 4-21.5 that the
18 provider's license or eligibility is no longer in good standing.
19 SECTION 5. IC 12-17.2-4-1 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A child care
21 center is exempt from licensure under this article if the child care
22 center complies with all of the requirements in IC 12-17.2-6 for a
23 child care ministry.
24 (a) A person may not operate a child care center without a license
25 issued under this article.
26 (b) The state or a political subdivision of the state may not operate
27 a child care center without a license issued under this article.
28 (c) A person may not operate a child care center where:
29 (1) the number of children maintained on the premises at any one
30 (1) time is greater than the number authorized by the license; and
31 (2) the children are maintained in a building or place not
32 designated by the license.
33 (b) A child care center may apply for licensure under this
34 chapter. If a license is issued to the child care center, the child care
35 center shall comply with state laws and rules governing licensure
36 of the child care center.
37 SECTION 6. IC 12-17.2-6-2, AS AMENDED BY P.L.187-2021,
38 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 2. (a) An:
40 (1) unlicensed child care ministry under section 1 of this chapter;
41 or
42 (2) unlicensed child care center under IC 12-17.2-4;
2025 IN 1277—LS 7015/DI 148 9
1 may not operate unless the child care ministry or child care center has
2 registered with and met the requirements of the division and the
3 department of homeland security. Registration application forms shall
4 be provided by the division and the department of homeland security.
5 (b) A registration application under this section must include a
6 current and valid electronic mail address for the applicant.
7 (c) Registration under this section expires two (2) years after the
8 date of issuance unless revoked, modified to a probationary or
9 suspended status, or voluntarily returned.
10 SECTION 7. IC 12-17.2-6-16, AS AMENDED BY P.L.121-2020,
11 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 16. (a) The following constitute sufficient grounds
13 for denial of an application for registration under this chapter:
14 (1) A determination by the department of child services of child
15 abuse or neglect (as defined in IC 31-9-2-14) by:
16 (A) the applicant;
17 (B) an employee of the applicant who may be present on the
18 premises of the child care ministry during operating hours of
19 the child care ministry; or
20 (C) a volunteer of the applicant who may be present on the
21 premises of the child care ministry during operating hours of
22 the child care ministry.
23 (2) A criminal conviction of the applicant, or an employee or
24 volunteer of the applicant who may be present on the premises of
25 the child care ministry during operating hours of the child care
26 ministry, of any of the following:
27 (A) A felony:
28 (i) related to the health or safety of a child;
29 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
30 (iii) that is a dangerous felony; or
31 (iv) that is not a felony otherwise described in items (i)
32 through (iii), and less than ten (10) years have elapsed from
33 the date the person was discharged from probation,
34 imprisonment, or parole, whichever discharge date is latest.
35 (B) A misdemeanor related to the health or safety of a child.
36 (C) A misdemeanor for operating a child care ministry without
37 a registration under this chapter, or a substantially similar
38 offense in another jurisdiction if the offense is directly or
39 indirectly related to jeopardizing the health or safety of a child.
40 (D) A misdemeanor for operating a child care center without
41 a license under IC 12-17.2-4-35, or a substantially similar
42 offense in another jurisdiction if the offense is directly or
2025 IN 1277—LS 7015/DI 148 10
1 indirectly related to jeopardizing the health or safety of a child.
2 (E) A misdemeanor for operating a child care home without a
3 license under IC 12-17.2-5-35, or a substantially similar
4 offense in another jurisdiction if the offense is directly or
5 indirectly related to jeopardizing the health or safety of a child.
6 (3) A determination by the division that the applicant made false
7 statements in the applicant's application for registration.
8 (4) A determination by the division that the applicant made false
9 statements in the records required by the division.
10 (5) A determination by the division that the applicant previously
11 operated a:
12 (A) child care ministry without a registration under this
13 chapter;
14 (B) child care center without a license under IC 12-17.2-4 or
15 registration under this chapter; or
16 (C) child care home without a license under IC 12-17.2-5.
17 (b) Notwithstanding subsection (a)(2), if:
18 (1) a registration application is denied due to a criminal
19 conviction of an employee or a volunteer of the applicant; and
20 (2) the division determines that the employee or volunteer has
21 been dismissed by the applicant;
22 the criminal conviction of the former employee or former volunteer
23 does not require denial of the registration application.
24 SECTION 8. IC 12-17.2-6-19, AS AMENDED BY P.L.121-2020,
25 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 19. (a) The following constitute sufficient grounds
27 for revocation of a registration under this chapter:
28 (1) A determination by the department of child services of child
29 abuse or neglect (as defined in IC 31-9-2-14) by:
30 (A) the operator of the child care ministry;
31 (B) an employee of the child care ministry who may be present
32 on the premises of the child care ministry during operating
33 hours of the child care ministry; or
34 (C) a volunteer of the child care ministry who may be present
35 on the premises of the child care ministry during operating
36 hours of the child care ministry.
37 (2) A criminal conviction of the operator of the child care
38 ministry, or an employee or volunteer of the child care ministry
39 who may be present on the premises of the child care ministry
40 during operating hours of the child care ministry, of any of the
41 following:
42 (A) A felony:
2025 IN 1277—LS 7015/DI 148 11
1 (i) related to the health or safety of a child;
2 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
3 (iii) that is a dangerous felony; or
4 (iv) that is not a felony otherwise described in items (i)
5 through (iii), and less than ten (10) years have elapsed from
6 the date the person was discharged from probation,
7 imprisonment, or parole, whichever discharge date is latest.
8 (B) A misdemeanor related to the health or safety of a child.
9 (C) A misdemeanor for operating a child care ministry without
10 a registration under this chapter, or a substantially similar
11 offense in another jurisdiction if the offense is directly or
12 indirectly related to jeopardizing the health or safety of a child.
13 (D) A misdemeanor for operating a child care center without
14 a license under IC 12-17.2-4-35, or a substantially similar
15 offense in another jurisdiction if the offense is directly or
16 indirectly related to jeopardizing the health or safety of a child.
17 (E) A misdemeanor for operating a child care home without a
18 license under IC 12-17.2-5-35, or a substantially similar
19 offense in another jurisdiction if the offense is directly or
20 indirectly related to jeopardizing the health or safety of a child.
21 (3) A determination by the division that the operator of the child
22 care ministry made false statements in the child care ministry's
23 registration application.
24 (4) A determination by the division that the operator of the child
25 care ministry made false statements in the records required by the
26 division.
27 (5) A determination by the division that the operator of the child
28 care ministry previously operated a:
29 (A) child care ministry without a registration under this
30 chapter;
31 (B) child care center without a license under IC 12-17.2-4 or
32 registration under this chapter; or
33 (C) child care home without a license under IC 12-17.2-5.
34 (b) Notwithstanding subsection (a)(2), if:
35 (1) a registration is revoked due to a criminal conviction of an
36 employee or a volunteer of the child care ministry; and
37 (2) the division determines that the employee or volunteer has
38 been dismissed by the child care ministry;
39 the criminal conviction of the former employee or former volunteer
40 does not require revocation of the registration.
41 SECTION 9. IC 12-17.2-7.2-2, AS AMENDED BY P.L.92-2024,
42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2025 IN 1277—LS 7015/DI 148 12
1 JULY 1, 2025]: Sec. 2. As used in this chapter, "eligible provider"
2 refers to a provider that satisfies the following conditions:
3 (1) The provider is:
4 (A) a:
5 (i) child care center licensed under IC 12-17.2-4 or
6 registered under IC 12-17.2-6;
7 (ii) child care home licensed under IC 12-17.2-5; or
8 (iii) child care ministry registered under IC 12-17.2-6;
9 that meets the standards of quality recognized by a Level 3 or
10 Level 4 paths to QUALITY program rating;
11 (B) a public school, including a charter school;
12 (C) a nonpublic school that is accredited by the state board of
13 education or a national or regional accreditation agency that is
14 recognized by the state board of education; or
15 (D) a nonpublic school that is accredited to provide qualified
16 early education services by an accrediting agency approved by
17 the office of the secretary.
18 (2) The provider:
19 (A) provides qualified early education services to eligible
20 children, limited eligibility children, and children of child care
21 employees;
22 (B) complies with the agreement with the office concerning
23 the delivery of qualified education services and the use of a
24 prekindergarten voucher provided under this chapter; and
25 (C) complies with CCDF provider eligibility standards in
26 accordance with federal requirements for health and safety.
27 SECTION 10. IC 16-38-5-3, AS AMENDED BY P.L.130-2021,
28 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 3. (a) Records maintained as part of the
30 immunization data registry are confidential.
31 (b) The state department may release information from the
32 immunization data registry to the individual or to the individual's
33 parent or guardian if the individual is less than eighteen (18) years of
34 age.
35 (c) Subject to subsection (d), the state department may release
36 information in the immunization data registry concerning an individual
37 to the following persons or entities:
38 (1) The immunization data registry of another state.
39 (2) A provider or a provider's designee.
40 (3) A local health department.
41 (4) An elementary or secondary school that is attended by the
42 individual.
2025 IN 1277—LS 7015/DI 148 13
1 (5) A child care center that is:
2 (A) licensed under IC 12-17.2-4; or
3 (B) registered under IC 12-17.2-6;
4 in which the individual is enrolled.
5 (6) A child care home that is licensed under IC 12-17.2-5 in
6 which the individual is enrolled.
7 (7) A child care ministry that is registered under IC 12-17.2-6 in
8 which the individual is enrolled.
9 (8) The office of Medicaid policy and planning or a contractor of
10 the office of Medicaid policy and planning.
11 (9) A child placing agency licensed under IC 31-27.
12 (10) A college or university (as defined in IC 21-7-13-10) that is
13 attended by the individual.
14 (11) An entity, including a private entity, for the purpose of
15 outreach and education to increase immunization rates, if the
16 following conditions are met:
17 (A) The entity provides the following written information to
18 the state department:
19 (i) Information concerning the proposed outreach and
20 education, including the information the entity needs from
21 the immunization data registry.
22 (ii) How the entity intends to use the information.
23 (iii) The safeguards the entity will take to protect the identity
24 of each individual whose records will be released.
25 (B) The state department determines the proposed safeguards
26 are adequate to protect the identity of each individual whose
27 records will be released.
28 (C) An agreement is executed between the state department
29 and the entity that specifies the entity's permitted use of the
30 records and prohibits the release of names of individuals or
31 any facts that may lead to the identification of an individual.
32 (12) The United States Centers for Disease Control and
33 Prevention.
34 (13) An Indiana nonprofit entity that performs health data services
35 for health care providers, if the state department executes a data
36 use agreement with the entity that specifies the permitted use and
37 disclosure of any released information.
38 (d) Before immunization data may be released to a person or an
39 entity, the person or entity must enter into a data use agreement with
40 the state department that provides that information that identifies a
41 patient will not be released to any other person or entity without the
42 written consent of the patient unless the release is to a person or entity
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1 described in subsection (c).
2 (e) The state department may release summary statistics regarding
3 information in the immunization data registry to a person or entity that
4 has entered into a data use agreement with the state department.
5 SECTION 11. IC 20-27-9-12, AS AMENDED BY P.L.168-2022,
6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 12. (a) As used in this section, "child care center"
8 means a nonresidential building where at least one (1) child receives
9 child care from a provider licensed under IC 12-17.2-4 or registered
10 under IC 12-17.2-6:
11 (1) while unattended by a parent;
12 (2) for regular compensation; and
13 (3) for more than four (4) hours but less than twenty-four (24)
14 hours in each of ten (10) consecutive days per year, excluding
15 intervening Saturdays, Sundays, and holidays.
16 (b) This subsection does not apply to a person with a developmental
17 or physical disability who is provided transportation by a school
18 corporation by means of a special purpose bus as provided in section
19 5(a)(3) of this chapter. An individual or entity who transports children
20 in the care of a:
21 (1) preschool operated by a school corporation;
22 (2) public elementary school; or
23 (3) public secondary school;
24 on a public highway (as defined in IC 9-25-2-4) within or outside
25 Indiana shall transport the children only in a school bus, a special
26 purpose bus, or an appropriate vehicle. The school bus, special purpose
27 bus, or appropriate vehicle may be used for transportation of the
28 children to activities or for regular transportation between the
29 residences of the children and the school.
30 (c) An individual or entity that transports children in the care of a
31 child care center on a public highway (as defined in IC 9-25-2-4)
32 within or outside Indiana in a vehicle designed and constructed for the
33 accommodation of more than ten (10) passengers shall transport the
34 children only in a school bus or special purpose bus.
35 (d) The operator of a:
36 (1) school bus that transports children as required under
37 subsection (b) or (c) must meet the requirements of IC 20-27-8;
38 and
39 (2) special purpose bus or an appropriate vehicle that transports
40 children as required under subsection (b) or (c) must meet the
41 requirements of section 5(c) of this chapter.
42 (e) This section does not prohibit the use of a public transportation
2025 IN 1277—LS 7015/DI 148 15
1 system for the transportation of children if the motor carriage used is
2 designed to carry at least twenty (20) passengers.
3 (f) This section does not prohibit a:
4 (1) preschool operated by a school corporation;
5 (2) public elementary school;
6 (3) public secondary school; or
7 (4) child care center;
8 from contracting with a common carrier for incidental charter bus
9 service for nonregular transportation if the carrier and the carrier's
10 motor coach comply with the Federal Motor Carrier Safety Regulations
11 as prescribed by the United States Department of Transportation
12 Federal Highway Administration.
13 (g) Notwithstanding section 17 of this chapter, a person who
14 violates this section commits a Class B infraction.
15 SECTION 12. IC 31-9-2-31, AS AMENDED BY P.L.195-2018,
16 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 31. (a) "Custodian", for purposes of the juvenile
18 law, means a person with whom a child resides.
19 (b) "Custodian", for purposes of IC 31-34-1, includes any person
20 who is:
21 (1) a license applicant or licensee of:
22 (A) a foster home or residential child care facility that is
23 required to be licensed or is licensed under IC 31-27;
24 (B) a child care center that is required to be licensed or is
25 licensed under IC 12-17.2-4; or
26 (C) a child care home that is required to be licensed or is
27 licensed under IC 12-17.2-5;
28 (2) a person who is responsible for care, supervision, or welfare
29 of children while providing services as an owner, operator,
30 director, manager, supervisor, employee, or volunteer at:
31 (A) a home, center, or facility described in subdivision (1);
32 (B) a:
33 (i) child care ministry, as defined in IC 12-7-2-28.8; or
34 (ii) child care center;
35 that is exempt from licensing requirements and is registered or
36 required to be registered under IC 12-17.2-6;
37 (C) a home, center, or facility of a child care provider, as
38 defined in IC 12-7-2-149.1(5);
39 (D) a home, center, or facility that is the location of a program
40 that provides child care, as defined in section 16.3 of this
41 chapter, to serve migrant children and that is exempt from
42 licensing under IC 12-17.2-2-8(6), whether or not the program
2025 IN 1277—LS 7015/DI 148 16
1 is certified as described in IC 12-17.2-2-9; or
2 (E) a school, as defined in section 113.5 of this chapter;
3 (3) a child caregiver, as defined in section 16.4 of this chapter;
4 (4) a member of the household of the child's noncustodial parent;
5 or
6 (5) an individual who has or intends to have direct contact, on a
7 regular and continuing basis, with a child for whom the individual
8 provides care and supervision.
9 SECTION 13. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 1. (a) The department shall initiate an
12 appropriately thorough child protection assessment of every report of
13 known or suspected child abuse or neglect the department receives,
14 whether in accordance with this article or otherwise.
15 (b) If a report of known or suspected child abuse or neglect is
16 received from a judge or prosecutor requesting the department to
17 initiate a child protection assessment, the department shall initiate an
18 assessment in accordance with this section.
19 (c) If a report of known or suspected child abuse or neglect is
20 received from:
21 (1) medical personnel;
22 (2) school personnel;
23 (3) a social worker;
24 (4) law enforcement officials or personnel;
25 (5) judiciary personnel; or
26 (6) prosecuting attorney personnel;
27 the department shall forward the report to the local office to determine
28 if the department will initiate an assessment in accordance with this
29 section.
30 (d) If the department believes that a child is in imminent danger of
31 serious bodily harm, the department shall initiate an onsite assessment
32 immediately, but not later than two (2) hours, after receiving the report.
33 (e) If the report alleges a child may be a victim of child abuse, the
34 assessment shall be initiated immediately, but not later than
35 twenty-four (24) hours after receipt of the report.
36 (f) If reports of child neglect are received, the assessment shall be
37 initiated within a reasonably prompt time, but not later than five (5)
38 days, with the primary consideration being the well-being of the child
39 who is the subject of the report.
40 (g) If the report alleges that a child lives with a parent, guardian, or
41 custodian who is married to or lives with a person who:
42 (1) has been convicted of:
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1 (A) neglect of a dependent under IC 35-46-1-4; or
2 (B) a battery offense under IC 35-42-4; or
3 (2) is required to register as a sex or violent offender under
4 IC 11-8-8;
5 the department shall initiate an assessment within a reasonably prompt
6 time, but not later than five (5) days after the department receives the
7 report, with the primary consideration being the well-being of the child
8 who is the subject of the report.
9 (h) If the safety or well-being of a child appears to be endangered or
10 the facts otherwise warrant, the assessment shall be initiated regardless
11 of the time of day.
12 (i) If a report alleges abuse or neglect and involves a child care
13 ministry or child care center that is exempt from licensure under
14 IC 12-17.2-6, the department and the appropriate law enforcement
15 agency shall jointly conduct an investigation. The investigation shall
16 be conducted under the requirements of this section and section 2(b) of
17 this chapter.
18 SECTION 14. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law,
21 the reports and other material described in section 1(a) of this chapter
22 and the unredacted reports and other material described in section 1(b)
23 of this chapter shall be made available only to the following:
24 (1) Persons authorized by this article.
25 (2) A legally mandated public or private child protective agency
26 investigating a report of child abuse or neglect or treating a child
27 or family that is the subject of a report or record.
28 (3) Any of the following who are investigating a report of a child
29 who may be a victim of child abuse or neglect:
30 (A) A police officer or other law enforcement agency.
31 (B) A prosecuting attorney.
32 (C) A coroner, in the case of the death of a child.
33 (4) A physician who has before the physician a child whom the
34 physician reasonably suspects may be a victim of child abuse or
35 neglect.
36 (5) An individual legally authorized to place a child in protective
37 custody if:
38 (A) the individual has before the individual a child whom the
39 individual reasonably suspects may be a victim of abuse or
40 neglect; and
41 (B) the individual requires the information in the report or
42 record to determine whether to place the child in protective
2025 IN 1277—LS 7015/DI 148 18
1 custody.
2 (6) An agency having the legal responsibility or authorization to
3 care for, treat, or supervise a child who is the subject of a report
4 or record or a parent, guardian, custodian, or other person who is
5 responsible for the child's welfare.
6 (7) An individual named in the report or record who is alleged to
7 be abused or neglected or, if the individual named in the report is
8 a child or is otherwise incompetent, the individual's guardian ad
9 litem or the individual's court appointed special advocate, or both.
10 (8) Each parent, guardian, custodian, or other person responsible
11 for the welfare of a child named in a report or record and an
12 attorney of the person described under this subdivision, with
13 protection for the identity of reporters and other appropriate
14 individuals.
15 (9) A court, for redaction of the record in accordance with section
16 1.5 of this chapter, or upon the court's finding that access to the
17 records may be necessary for determination of an issue before the
18 court. However, except for disclosure of a redacted record in
19 accordance with section 1.5 of this chapter, access is limited to in
20 camera inspection unless the court determines that public
21 disclosure of the information contained in the records is necessary
22 for the resolution of an issue then pending before the court.
23 (10) A grand jury upon the grand jury's determination that access
24 to the records is necessary in the conduct of the grand jury's
25 official business.
26 (11) An appropriate state or local official responsible for child
27 protection services or legislation carrying out the official's official
28 functions.
29 (12) The community child protection team appointed under
30 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
31 enable the team to carry out the team's purpose under IC 31-33-3.
32 (13) A person about whom a report has been made, with
33 protection for the identity of:
34 (A) any person reporting known or suspected child abuse or
35 neglect; and
36 (B) any other person if the person or agency making the
37 information available finds that disclosure of the information
38 would be likely to endanger the life or safety of the person.
39 (14) An employee of the department, a caseworker, or a juvenile
40 probation officer conducting a criminal history check under
41 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
42 appropriateness of an out-of-home placement for a:
2025 IN 1277—LS 7015/DI 148 19
1 (A) child at imminent risk of placement;
2 (B) child in need of services; or
3 (C) delinquent child.
4 The results of a criminal history check conducted under this
5 subdivision must be disclosed to a court determining the
6 placement of a child described in clauses (A) through (C).
7 (15) A local child fatality review team established under
8 IC 16-49-2.
9 (16) The statewide child fatality review committee established by
10 IC 16-49-4.
11 (17) The department.
12 (18) The division of family resources, if the investigation report:
13 (A) is classified as substantiated; and
14 (B) concerns:
15 (i) an applicant for a license to operate;
16 (ii) a person licensed to operate;
17 (iii) an employee of; or
18 (iv) a volunteer providing services at; or
19 (v) an applicant to register;
20 a child care center licensed under IC 12-17.2-4, a child care
21 center registered under IC 12-17.2-6, or a child care home
22 licensed under IC 12-17.2-5.
23 (19) A citizen review panel established under IC 31-25-2-20.4.
24 (20) The department of child services ombudsman established by
25 IC 4-13-19-3.
26 (21) The secretary of education with protection for the identity of:
27 (A) any person reporting known or suspected child abuse or
28 neglect; and
29 (B) any other person if the person or agency making the
30 information available finds that disclosure of the information
31 would be likely to endanger the life or safety of the person.
32 (22) The state child fatality review coordinator employed by the
33 Indiana department of health under IC 16-49-5-1.
34 (23) A person who operates a child caring institution, group
35 home, or secure private facility if all the following apply:
36 (A) The child caring institution, group home, or secure private
37 facility is licensed under IC 31-27.
38 (B) The report or other materials concern:
39 (i) an employee of;
40 (ii) a volunteer providing services at; or
41 (iii) a child placed at;
42 the child caring institution, group home, or secure private
2025 IN 1277—LS 7015/DI 148 20
1 facility.
2 (C) The allegation in the report occurred at the child caring
3 institution, group home, or secure private facility.
4 (24) A person who operates a child placing agency if all the
5 following apply:
6 (A) The child placing agency is licensed under IC 31-27.
7 (B) The report or other materials concern:
8 (i) a child placed in a foster home licensed by the child
9 placing agency;
10 (ii) a person licensed by the child placing agency to operate
11 a foster family home;
12 (iii) an employee of the child placing agency or a foster
13 family home licensed by the child placing agency; or
14 (iv) a volunteer providing services at the child placing
15 agency or a foster family home licensed by the child placing
16 agency.
17 (C) The allegations in the report occurred in the foster family
18 home or in the course of employment or volunteering at the
19 child placing agency or foster family home.
20 (25) The National Center for Missing and Exploited Children.
21 (26) A local domestic violence fatality review team established
22 under IC 12-18-8, as determined by the department to be relevant
23 to the death or near fatality that the local domestic violence
24 fatality review team is reviewing.
25 (27) The statewide domestic violence fatality review committee
26 established under IC 12-18-9-3, as determined by the department
27 to be relevant to the death or near fatality that the statewide
28 domestic violence fatality review committee is reviewing.
29 (28) The statewide maternal mortality review committee
30 established under IC 16-50-1-3, as determined by the department
31 to be relevant to the case of maternal morbidity or maternal
32 mortality that the statewide maternal mortality review committee
33 is reviewing.
34 (29) A local fetal-infant mortality review team established under
35 IC 16-49-6, as determined by the department to be relevant to the
36 case of fetal or infant fatality that the local fetal-infant mortality
37 review team is reviewing.
38 (30) A suicide and overdose fatality review team established
39 under IC 16-49.5-2, as determined by the department to be
40 relevant to the case of a suicide or overdose fatality that the
41 suicide and overdose fatality review team is reviewing.
42 (31) The office of administrative law proceedings for a matter that
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1 is the subject of an administrative proceeding before the office of
2 administrative law proceedings.
3 (32) A tribal representative, agency, or organization authorized by
4 the Indian child's tribe to care for, diagnose, treat, review,
5 evaluate, or monitor active efforts regarding an Indian child, and
6 the Indian child's parent, guardian, or custodian.
7 (33) The United States Department of State and foreign
8 governments to comply with federal law and treaties.
9 (34) A child advocacy center when the child advocacy center has
10 before it an investigation of child abuse or neglect in which it is
11 facilitating a forensic interview or facilitating a case discussion or
12 case review.
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