Indiana 2025 Regular Session

Indiana House Bill HB1277 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1277
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 12-7-2-149.1; IC 12-17.2; IC 16-38-5-3;
77 IC 20-27-9-12; IC 31-9-2-31; IC 31-33.
88 Synopsis: Regulation of child care centers. Allows a provider to
99 remain eligible to receive a voucher payment until a final determination
1010 is made that the provider's license or eligibility is no longer in good
1111 standing. Provides that a child care center is exempt from licensure if
1212 the child care center complies with all of the requirements for child
1313 care ministries, including registration. Makes conforming changes.
1414 Effective: July 1, 2025.
1515 Manning
1616 January 13, 2025, read first time and referred to Committee on Family, Children and
1717 Human Affairs.
1818 2025 IN 1277—LS 7015/DI 148 Introduced
1919 First Regular Session of the 124th General Assembly (2025)
2020 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2121 Constitution) is being amended, the text of the existing provision will appear in this style type,
2222 additions will appear in this style type, and deletions will appear in this style type.
2323 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2424 provision adopted), the text of the new provision will appear in this style type. Also, the
2525 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2626 a new provision to the Indiana Code or the Indiana Constitution.
2727 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2828 between statutes enacted by the 2024 Regular Session of the General Assembly.
2929 HOUSE BILL No. 1277
3030 A BILL FOR AN ACT to amend the Indiana Code concerning
3131 human services.
3232 Be it enacted by the General Assembly of the State of Indiana:
3333 1 SECTION 1. IC 12-7-2-149.1, AS AMENDED BY P.L.10-2019,
3434 2 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3535 3 JULY 1, 2025]: Sec. 149.1. "Provider" means the following:
3636 4 (1) For purposes of IC 12-10-7, the meaning set forth in
3737 5 IC 12-10-7-3.
3838 6 (2) For purposes of the following statutes, an individual, a
3939 7 partnership, a corporation, or a governmental entity that is
4040 8 enrolled in the Medicaid program under rules adopted under
4141 9 IC 4-22-2 by the office of Medicaid policy and planning:
4242 10 (A) IC 12-14-1 through IC 12-14-8.
4343 11 (B) IC 12-15, except IC 12-15-32, IC 12-15-33, and
4444 12 IC 12-15-34.
4545 13 (C) IC 12-17.6.
4646 14 (3) Except as provided in subdivisions (4) and (6), for purposes
4747 15 of IC 12-17.2, a person who operates a child care center or child
4848 16 care home under IC 12-17.2.
4949 17 (4) For purposes of IC 12-17.2-3.5, a person that:
5050 2025 IN 1277—LS 7015/DI 148 2
5151 1 (A) provides child care; and
5252 2 (B) is directly paid for the provision of the child care under the
5353 3 federal Child Care and Development Fund voucher program
5454 4 administered under 45 CFR 98 and 45 CFR 99.
5555 5 The term does not include an individual who provides services to
5656 6 a person described in clauses (A) and (B), regardless of whether
5757 7 the individual receives compensation.
5858 8 (5) For purposes of IC 12-21-1 through IC 12-29-2, an
5959 9 organization:
6060 10 (A) that:
6161 11 (i) provides mental health services, as defined under 42
6262 12 U.S.C. 300x-2(c);
6363 13 (ii) provides addiction services; or
6464 14 (iii) provides children's mental health services;
6565 15 (B) that has entered into a provider agreement with the
6666 16 division of mental health and addiction under IC 12-21-2-7 to
6767 17 provide services in the least restrictive, most appropriate
6868 18 setting; and
6969 19 (C) that is operated by one (1) of the following:
7070 20 (i) A city, town, county, or other political subdivision of the
7171 21 state.
7272 22 (ii) An agency of the state or of the United States.
7373 23 (iii) A political subdivision of another state.
7474 24 (iv) A hospital owned or operated by a unit of government
7575 25 or a building authority that is organized for the purpose of
7676 26 constructing facilities to be leased to units of government.
7777 27 (v) A corporation incorporated under IC 23-7-1.1 (before its
7878 28 repeal August 1, 1991) or IC 23-17.
7979 29 (vi) An organization that is exempt from federal income
8080 30 taxation under Section 501(c)(3) of the Internal Revenue
8181 31 Code.
8282 32 (vii) A university or college.
8383 33 (6) For purposes of IC 12-17.2-2-10, the following:
8484 34 (A) A person described in subdivision (4).
8585 35 (B) A child care center licensed under IC 12-17.2-4 or
8686 36 registered under IC 12-17.2-6.
8787 37 (C) A child care home licensed under IC 12-17.2-5.
8888 38 SECTION 2. IC 12-17.2-2-1, AS AMENDED BY THE
8989 39 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
9090 40 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9191 41 JULY 1, 2025]: Sec. 1. The division shall perform the following duties:
9292 42 (1) Administer the licensing and monitoring of child care centers
9393 2025 IN 1277—LS 7015/DI 148 3
9494 1 or child care homes in accordance with this article.
9595 2 (2) Ensure that a national criminal history background check of
9696 3 the following is completed through the state police department
9797 4 under IC 10-13-3-39 before issuing a license:
9898 5 (A) An applicant for a license.
9999 6 (B) An employee or volunteer of an applicant who may be
100100 7 present on the premises of the child care center or child care
101101 8 home during the operating hours of the child care center or
102102 9 child care home.
103103 10 (C) If an applicant is applying for a license to operate a child
104104 11 care home, the following:
105105 12 (i) The applicant's spouse.
106106 13 (ii) The applicant's household members who are at least
107107 14 eighteen (18) years of age or who are less than eighteen (18)
108108 15 years of age but have previously been waived from juvenile
109109 16 court to adult court.
110110 17 (3) Ensure that a national criminal history background check of
111111 18 the following is completed through the state police department
112112 19 under IC 10-13-3-39 before registering a child care ministry:
113113 20 (A) An applicant for a child care ministry registration.
114114 21 (B) An employee or volunteer of an applicant who may be
115115 22 present on the premises of the child care ministry during the
116116 23 operating hours of the child care ministry.
117117 24 (4) Provide for the issuance, denial, suspension, and revocation of
118118 25 licenses.
119119 26 (5) Cooperate with governing bodies of child care centers and
120120 27 child care homes and their staffs to improve standards of child
121121 28 care.
122122 29 (6) Prepare at least biannually a directory of licensees with a
123123 30 description of the program capacity and type of children served
124124 31 that will be distributed to the legislature, licensees, and other
125125 32 interested parties as a public document.
126126 33 (7) Deposit all license application fees collected under section 2
127127 34 of this chapter in the division of family resources child care fund
128128 35 established by section 3 of this chapter.
129129 36 (8) Require each child care center or child care home to record
130130 37 proof of a child's date of birth before accepting the child. A child's
131131 38 date of birth may be proven by the child's original birth certificate
132132 39 or other reliable proof of the child's date of birth, including a duly
133133 40 attested transcript of a birth certificate.
134134 41 (9) Provide an Internet web site a website through which
135135 42 members of the public may obtain the following information:
136136 2025 IN 1277—LS 7015/DI 148 4
137137 1 (A) Information concerning violations of this article by a
138138 2 licensed child care provider, including:
139139 3 (i) the identity of the child care provider;
140140 4 (ii) the date of the violation; and
141141 5 (iii) action taken by the division in response to the violation.
142142 6 (B) Current status of a child care provider's license.
143143 7 (C) Other relevant information.
144144 8 The Internet web site website may not contain the address of a
145145 9 child care home or information identifying an individual child.
146146 10 However, the site website may include the county and ZIP code
147147 11 in which a child care home is located.
148148 12 (10) Provide or approve training concerning safe sleeping
149149 13 practices for children to:
150150 14 (A) a provider who operates a child care program in the
151151 15 provider's home as described in IC 12-17.2-3.5-12.5;
152152 16 (B) a child care home licensed under IC 12-17.2-5;
153153 17 (C) a child care center licensed under IC 12-17.2-4 or
154154 18 registered under IC 12-17.2-6; and
155155 19 (D) a child care ministry registered under IC 12-17.2-6;
156156 20 including practices to reduce the risk of sudden infant death
157157 21 syndrome.
158158 22 SECTION 3. IC 12-17.2-2-8, AS AMENDED BY P.L.134-2024,
159159 23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160160 24 JULY 1, 2025]: Sec. 8. The division shall exempt from licensure the
161161 25 following programs:
162162 26 (1) A program for children enrolled in grades kindergarten
163163 27 through 12 that is operated by the department of education or a
164164 28 public or private school.
165165 29 (2) A program for children who become at least three (3) years of
166166 30 age as of December 1 of a particular school year (as defined in
167167 31 IC 20-18-2-17) that is operated by the department of education or
168168 32 a public or private school.
169169 33 (3) A nonresidential program for a child that provides child care
170170 34 for less than four (4) hours a day.
171171 35 (4) A recreation program for children that operates for not more
172172 36 than ninety (90) days in a calendar year.
173173 37 (5) A program whose primary purpose is to provide social,
174174 38 recreational, or religious activities for school age children, such
175175 39 as scouting, boys club, girls club, sports, or the arts.
176176 40 (6) A program operated to serve migrant children that:
177177 41 (A) provides services for children from migrant worker
178178 42 families; and
179179 2025 IN 1277—LS 7015/DI 148 5
180180 1 (B) is operated during a single period of less than one hundred
181181 2 twenty (120) consecutive days during a calendar year.
182182 3 (7) A child care ministry or child care center registered under
183183 4 IC 12-17.2-6.
184184 5 (8) A child care home if the provider operates to serve migrant
185185 6 children.
186186 7 (9) A child care program operated by a public or private school
187187 8 that does the following:
188188 9 (A) Provides day care on school property for children of
189189 10 students or employees of schools in the school corporation in
190190 11 which the public or private school is located.
191191 12 (B) Complies with health, safety, and sanitation standards as
192192 13 determined by the division under section 4 of this chapter for
193193 14 child care centers or in accordance with a variance or waiver
194194 15 of a rule governing child care centers approved by the division
195195 16 under section 10 of this chapter.
196196 17 (C) Substantially complies with the fire and life safety rules as
197197 18 determined by the state fire marshal under rules adopted by the
198198 19 division under section 4 of this chapter for child care centers
199199 20 or in accordance with a variance or waiver of a rule governing
200200 21 child care centers approved by the division under section 10 of
201201 22 this chapter.
202202 23 (10) A school age child care program (commonly referred to as a
203203 24 latch key program) established under IC 20-26-5-2 that is
204204 25 operated by:
205205 26 (A) the department of education;
206206 27 (B) a public or private school; or
207207 28 (C) a public or private organization under a written contract
208208 29 with:
209209 30 (i) the department of education; or
210210 31 (ii) a public or private school.
211211 32 (11) A child care program that:
212212 33 (A) is operated by a public or private organization under a
213213 34 contract with a public or private school;
214214 35 (B) serves children who are enrolled in the public or private
215215 36 school in:
216216 37 (i) grades kindergarten through 12; or
217217 38 (ii) a preschool program offered by a public or private
218218 39 school as described in this subdivision; and
219219 40 (C) serves children who are:
220220 41 (i) attending school through remote or e-learning due to a
221221 42 disaster emergency declared under IC 10-14-3-12 or
222222 2025 IN 1277—LS 7015/DI 148 6
223223 1 IC 10-14-3-29; or
224224 2 (ii) participating in a learning recovery program that
225225 3 administers an assessment to measure student learning loss
226226 4 and provides Indiana academic standards aligned
227227 5 instruction.
228228 6 (12) An educational program:
229229 7 (A) consisting of a group of not more than ten (10) students
230230 8 who attend the educational program in lieu of attending
231231 9 prekindergarten or kindergarten through grade 12 at a public
232232 10 or private school;
233233 11 (B) whose students meet in a single classroom in person or
234234 12 outside a classroom and which may include mixed age level
235235 13 groupings; and
236236 14 (C) that is under the supervision of a teacher or tutor.
237237 15 (13) If located in the same public or private school building:
238238 16 (A) a preschool program that is operated by the public or
239239 17 private school; and
240240 18 (B) either or both of the following:
241241 19 (i) A child care program described in subdivision (9).
242242 20 (ii) A school age child care program described in
243243 21 subdivision (10).
244244 22 (14) A child care program operated by a public or private school
245245 23 that does the following:
246246 24 (A) Provides day care on school property for children of
247247 25 employees of a business or organization with which the school
248248 26 has entered into a contract to provide services. If the school
249249 27 property is owned by the school, the school property must have
250250 28 been both:
251251 29 (i) owned by the school; and
252252 30 (ii) used for child care;
253253 31 on or before January 1, 2024.
254254 32 (B) Complies with health, safety, and sanitation standards as
255255 33 determined by the division under section 4 of this chapter for
256256 34 child care centers or in accordance with a variance or waiver
257257 35 of a rule governing child care centers approved by the division
258258 36 under section 10 of this chapter.
259259 37 (C) Substantially complies with the fire and life safety rules as
260260 38 determined by the state fire marshal under rules adopted by the
261261 39 division under section 4 of this chapter for child care centers
262262 40 or in accordance with a variance or waiver of a rule governing
263263 41 child care centers approved by the division under section 10 of
264264 42 this chapter.
265265 2025 IN 1277—LS 7015/DI 148 7
266266 1 SECTION 4. IC 12-17.2-3.5-4, AS AMENDED BY P.L.121-2020,
267267 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
268268 3 JULY 1, 2025]: Sec. 4. (a) A provider is ineligible to receive a voucher
269269 4 payment if the provider:
270270 5 (1) has been convicted of a:
271271 6 (A) felony:
272272 7 (i) related to the health or safety of a child;
273273 8 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
274274 9 (iii) that is a dangerous felony; or
275275 10 (iv) that is not a felony otherwise described in items (i)
276276 11 through (iii), and less than ten (10) years have elapsed from
277277 12 the date the person was discharged from probation,
278278 13 imprisonment, or parole, whichever discharge date is latest;
279279 14 (B) misdemeanor related to:
280280 15 (i) the health or safety of a child; or
281281 16 (ii) welfare fraud;
282282 17 (C) misdemeanor for operating a child care center without a
283283 18 license under IC 12-17.2-4-35, or of a substantially similar
284284 19 offense committed in another jurisdiction if the offense is
285285 20 directly or indirectly related to jeopardizing the health or
286286 21 safety of a child; or
287287 22 (D) misdemeanor for operating a child care home without a
288288 23 license under IC 12-17.2-5-35, or of a substantially similar
289289 24 offense committed in another jurisdiction if the offense is
290290 25 directly or indirectly related to jeopardizing the health or
291291 26 safety of a child;
292292 27 (2) allows an individual who has been convicted of a crime
293293 28 specified under subdivision (1) to reside with the provider, if the
294294 29 provider operates a child care program in the provider's home;
295295 30 (3) employs an individual or allows an individual to volunteer
296296 31 who:
297297 32 (A) may be on the premises of the facility where the provider
298298 33 operates a child care program during operating hours of the
299299 34 child care program; and
300300 35 (B) has been convicted of a crime specified in subdivision (1);
301301 36 (4) has had a revocation of eligibility under this chapter during
302302 37 the immediately preceding two (2) years; or
303303 38 (5) fails to meet the requirements of this chapter.
304304 39 (b) A provider whose:
305305 40 (1) license under IC 12-17.2-4 or IC 12-17.2-5; or
306306 41 (2) compliance with this chapter;
307307 42 is subject to an enforcement action is ineligible eligible to receive a
308308 2025 IN 1277—LS 7015/DI 148 8
309309 1 voucher payment, regardless of whether if the provider meets the
310310 2 requirements of this chapter, until the outcome of any proceeding under
311311 3 IC 4-21.5 reflects a final determination that the provider's license or
312312 4 eligibility is no longer in good standing.
313313 5 (c) Subject to subsection (e), if the division decertifies a provider
314314 6 under this chapter, the provider:
315315 7 (1) may reapply for eligibility to receive a voucher payment at any
316316 8 time that the provider is able to demonstrate compliance with this
317317 9 chapter; and
318318 10 (2) is not eligible to receive a voucher payment under this chapter
319319 11 until the provider receives notice from the division that the
320320 12 provider's application under subdivision (1) has been approved.
321321 13 (d) In determining whether a provider meets the requirements of this
322322 14 chapter, the division may not consider religious instruction or
323323 15 activities.
324324 16 (e) The division may not decertify a provider until there has
325325 17 been a final determination in a proceeding under IC 4-21.5 that the
326326 18 provider's license or eligibility is no longer in good standing.
327327 19 SECTION 5. IC 12-17.2-4-1 IS AMENDED TO READ AS
328328 20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A child care
329329 21 center is exempt from licensure under this article if the child care
330330 22 center complies with all of the requirements in IC 12-17.2-6 for a
331331 23 child care ministry.
332332 24 (a) A person may not operate a child care center without a license
333333 25 issued under this article.
334334 26 (b) The state or a political subdivision of the state may not operate
335335 27 a child care center without a license issued under this article.
336336 28 (c) A person may not operate a child care center where:
337337 29 (1) the number of children maintained on the premises at any one
338338 30 (1) time is greater than the number authorized by the license; and
339339 31 (2) the children are maintained in a building or place not
340340 32 designated by the license.
341341 33 (b) A child care center may apply for licensure under this
342342 34 chapter. If a license is issued to the child care center, the child care
343343 35 center shall comply with state laws and rules governing licensure
344344 36 of the child care center.
345345 37 SECTION 6. IC 12-17.2-6-2, AS AMENDED BY P.L.187-2021,
346346 38 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
347347 39 JULY 1, 2025]: Sec. 2. (a) An:
348348 40 (1) unlicensed child care ministry under section 1 of this chapter;
349349 41 or
350350 42 (2) unlicensed child care center under IC 12-17.2-4;
351351 2025 IN 1277—LS 7015/DI 148 9
352352 1 may not operate unless the child care ministry or child care center has
353353 2 registered with and met the requirements of the division and the
354354 3 department of homeland security. Registration application forms shall
355355 4 be provided by the division and the department of homeland security.
356356 5 (b) A registration application under this section must include a
357357 6 current and valid electronic mail address for the applicant.
358358 7 (c) Registration under this section expires two (2) years after the
359359 8 date of issuance unless revoked, modified to a probationary or
360360 9 suspended status, or voluntarily returned.
361361 10 SECTION 7. IC 12-17.2-6-16, AS AMENDED BY P.L.121-2020,
362362 11 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363363 12 JULY 1, 2025]: Sec. 16. (a) The following constitute sufficient grounds
364364 13 for denial of an application for registration under this chapter:
365365 14 (1) A determination by the department of child services of child
366366 15 abuse or neglect (as defined in IC 31-9-2-14) by:
367367 16 (A) the applicant;
368368 17 (B) an employee of the applicant who may be present on the
369369 18 premises of the child care ministry during operating hours of
370370 19 the child care ministry; or
371371 20 (C) a volunteer of the applicant who may be present on the
372372 21 premises of the child care ministry during operating hours of
373373 22 the child care ministry.
374374 23 (2) A criminal conviction of the applicant, or an employee or
375375 24 volunteer of the applicant who may be present on the premises of
376376 25 the child care ministry during operating hours of the child care
377377 26 ministry, of any of the following:
378378 27 (A) A felony:
379379 28 (i) related to the health or safety of a child;
380380 29 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
381381 30 (iii) that is a dangerous felony; or
382382 31 (iv) that is not a felony otherwise described in items (i)
383383 32 through (iii), and less than ten (10) years have elapsed from
384384 33 the date the person was discharged from probation,
385385 34 imprisonment, or parole, whichever discharge date is latest.
386386 35 (B) A misdemeanor related to the health or safety of a child.
387387 36 (C) A misdemeanor for operating a child care ministry without
388388 37 a registration under this chapter, or a substantially similar
389389 38 offense in another jurisdiction if the offense is directly or
390390 39 indirectly related to jeopardizing the health or safety of a child.
391391 40 (D) A misdemeanor for operating a child care center without
392392 41 a license under IC 12-17.2-4-35, or a substantially similar
393393 42 offense in another jurisdiction if the offense is directly or
394394 2025 IN 1277—LS 7015/DI 148 10
395395 1 indirectly related to jeopardizing the health or safety of a child.
396396 2 (E) A misdemeanor for operating a child care home without a
397397 3 license under IC 12-17.2-5-35, or a substantially similar
398398 4 offense in another jurisdiction if the offense is directly or
399399 5 indirectly related to jeopardizing the health or safety of a child.
400400 6 (3) A determination by the division that the applicant made false
401401 7 statements in the applicant's application for registration.
402402 8 (4) A determination by the division that the applicant made false
403403 9 statements in the records required by the division.
404404 10 (5) A determination by the division that the applicant previously
405405 11 operated a:
406406 12 (A) child care ministry without a registration under this
407407 13 chapter;
408408 14 (B) child care center without a license under IC 12-17.2-4 or
409409 15 registration under this chapter; or
410410 16 (C) child care home without a license under IC 12-17.2-5.
411411 17 (b) Notwithstanding subsection (a)(2), if:
412412 18 (1) a registration application is denied due to a criminal
413413 19 conviction of an employee or a volunteer of the applicant; and
414414 20 (2) the division determines that the employee or volunteer has
415415 21 been dismissed by the applicant;
416416 22 the criminal conviction of the former employee or former volunteer
417417 23 does not require denial of the registration application.
418418 24 SECTION 8. IC 12-17.2-6-19, AS AMENDED BY P.L.121-2020,
419419 25 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
420420 26 JULY 1, 2025]: Sec. 19. (a) The following constitute sufficient grounds
421421 27 for revocation of a registration under this chapter:
422422 28 (1) A determination by the department of child services of child
423423 29 abuse or neglect (as defined in IC 31-9-2-14) by:
424424 30 (A) the operator of the child care ministry;
425425 31 (B) an employee of the child care ministry who may be present
426426 32 on the premises of the child care ministry during operating
427427 33 hours of the child care ministry; or
428428 34 (C) a volunteer of the child care ministry who may be present
429429 35 on the premises of the child care ministry during operating
430430 36 hours of the child care ministry.
431431 37 (2) A criminal conviction of the operator of the child care
432432 38 ministry, or an employee or volunteer of the child care ministry
433433 39 who may be present on the premises of the child care ministry
434434 40 during operating hours of the child care ministry, of any of the
435435 41 following:
436436 42 (A) A felony:
437437 2025 IN 1277—LS 7015/DI 148 11
438438 1 (i) related to the health or safety of a child;
439439 2 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
440440 3 (iii) that is a dangerous felony; or
441441 4 (iv) that is not a felony otherwise described in items (i)
442442 5 through (iii), and less than ten (10) years have elapsed from
443443 6 the date the person was discharged from probation,
444444 7 imprisonment, or parole, whichever discharge date is latest.
445445 8 (B) A misdemeanor related to the health or safety of a child.
446446 9 (C) A misdemeanor for operating a child care ministry without
447447 10 a registration under this chapter, or a substantially similar
448448 11 offense in another jurisdiction if the offense is directly or
449449 12 indirectly related to jeopardizing the health or safety of a child.
450450 13 (D) A misdemeanor for operating a child care center without
451451 14 a license under IC 12-17.2-4-35, or a substantially similar
452452 15 offense in another jurisdiction if the offense is directly or
453453 16 indirectly related to jeopardizing the health or safety of a child.
454454 17 (E) A misdemeanor for operating a child care home without a
455455 18 license under IC 12-17.2-5-35, or a substantially similar
456456 19 offense in another jurisdiction if the offense is directly or
457457 20 indirectly related to jeopardizing the health or safety of a child.
458458 21 (3) A determination by the division that the operator of the child
459459 22 care ministry made false statements in the child care ministry's
460460 23 registration application.
461461 24 (4) A determination by the division that the operator of the child
462462 25 care ministry made false statements in the records required by the
463463 26 division.
464464 27 (5) A determination by the division that the operator of the child
465465 28 care ministry previously operated a:
466466 29 (A) child care ministry without a registration under this
467467 30 chapter;
468468 31 (B) child care center without a license under IC 12-17.2-4 or
469469 32 registration under this chapter; or
470470 33 (C) child care home without a license under IC 12-17.2-5.
471471 34 (b) Notwithstanding subsection (a)(2), if:
472472 35 (1) a registration is revoked due to a criminal conviction of an
473473 36 employee or a volunteer of the child care ministry; and
474474 37 (2) the division determines that the employee or volunteer has
475475 38 been dismissed by the child care ministry;
476476 39 the criminal conviction of the former employee or former volunteer
477477 40 does not require revocation of the registration.
478478 41 SECTION 9. IC 12-17.2-7.2-2, AS AMENDED BY P.L.92-2024,
479479 42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
480480 2025 IN 1277—LS 7015/DI 148 12
481481 1 JULY 1, 2025]: Sec. 2. As used in this chapter, "eligible provider"
482482 2 refers to a provider that satisfies the following conditions:
483483 3 (1) The provider is:
484484 4 (A) a:
485485 5 (i) child care center licensed under IC 12-17.2-4 or
486486 6 registered under IC 12-17.2-6;
487487 7 (ii) child care home licensed under IC 12-17.2-5; or
488488 8 (iii) child care ministry registered under IC 12-17.2-6;
489489 9 that meets the standards of quality recognized by a Level 3 or
490490 10 Level 4 paths to QUALITY program rating;
491491 11 (B) a public school, including a charter school;
492492 12 (C) a nonpublic school that is accredited by the state board of
493493 13 education or a national or regional accreditation agency that is
494494 14 recognized by the state board of education; or
495495 15 (D) a nonpublic school that is accredited to provide qualified
496496 16 early education services by an accrediting agency approved by
497497 17 the office of the secretary.
498498 18 (2) The provider:
499499 19 (A) provides qualified early education services to eligible
500500 20 children, limited eligibility children, and children of child care
501501 21 employees;
502502 22 (B) complies with the agreement with the office concerning
503503 23 the delivery of qualified education services and the use of a
504504 24 prekindergarten voucher provided under this chapter; and
505505 25 (C) complies with CCDF provider eligibility standards in
506506 26 accordance with federal requirements for health and safety.
507507 27 SECTION 10. IC 16-38-5-3, AS AMENDED BY P.L.130-2021,
508508 28 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
509509 29 JULY 1, 2025]: Sec. 3. (a) Records maintained as part of the
510510 30 immunization data registry are confidential.
511511 31 (b) The state department may release information from the
512512 32 immunization data registry to the individual or to the individual's
513513 33 parent or guardian if the individual is less than eighteen (18) years of
514514 34 age.
515515 35 (c) Subject to subsection (d), the state department may release
516516 36 information in the immunization data registry concerning an individual
517517 37 to the following persons or entities:
518518 38 (1) The immunization data registry of another state.
519519 39 (2) A provider or a provider's designee.
520520 40 (3) A local health department.
521521 41 (4) An elementary or secondary school that is attended by the
522522 42 individual.
523523 2025 IN 1277—LS 7015/DI 148 13
524524 1 (5) A child care center that is:
525525 2 (A) licensed under IC 12-17.2-4; or
526526 3 (B) registered under IC 12-17.2-6;
527527 4 in which the individual is enrolled.
528528 5 (6) A child care home that is licensed under IC 12-17.2-5 in
529529 6 which the individual is enrolled.
530530 7 (7) A child care ministry that is registered under IC 12-17.2-6 in
531531 8 which the individual is enrolled.
532532 9 (8) The office of Medicaid policy and planning or a contractor of
533533 10 the office of Medicaid policy and planning.
534534 11 (9) A child placing agency licensed under IC 31-27.
535535 12 (10) A college or university (as defined in IC 21-7-13-10) that is
536536 13 attended by the individual.
537537 14 (11) An entity, including a private entity, for the purpose of
538538 15 outreach and education to increase immunization rates, if the
539539 16 following conditions are met:
540540 17 (A) The entity provides the following written information to
541541 18 the state department:
542542 19 (i) Information concerning the proposed outreach and
543543 20 education, including the information the entity needs from
544544 21 the immunization data registry.
545545 22 (ii) How the entity intends to use the information.
546546 23 (iii) The safeguards the entity will take to protect the identity
547547 24 of each individual whose records will be released.
548548 25 (B) The state department determines the proposed safeguards
549549 26 are adequate to protect the identity of each individual whose
550550 27 records will be released.
551551 28 (C) An agreement is executed between the state department
552552 29 and the entity that specifies the entity's permitted use of the
553553 30 records and prohibits the release of names of individuals or
554554 31 any facts that may lead to the identification of an individual.
555555 32 (12) The United States Centers for Disease Control and
556556 33 Prevention.
557557 34 (13) An Indiana nonprofit entity that performs health data services
558558 35 for health care providers, if the state department executes a data
559559 36 use agreement with the entity that specifies the permitted use and
560560 37 disclosure of any released information.
561561 38 (d) Before immunization data may be released to a person or an
562562 39 entity, the person or entity must enter into a data use agreement with
563563 40 the state department that provides that information that identifies a
564564 41 patient will not be released to any other person or entity without the
565565 42 written consent of the patient unless the release is to a person or entity
566566 2025 IN 1277—LS 7015/DI 148 14
567567 1 described in subsection (c).
568568 2 (e) The state department may release summary statistics regarding
569569 3 information in the immunization data registry to a person or entity that
570570 4 has entered into a data use agreement with the state department.
571571 5 SECTION 11. IC 20-27-9-12, AS AMENDED BY P.L.168-2022,
572572 6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
573573 7 JULY 1, 2025]: Sec. 12. (a) As used in this section, "child care center"
574574 8 means a nonresidential building where at least one (1) child receives
575575 9 child care from a provider licensed under IC 12-17.2-4 or registered
576576 10 under IC 12-17.2-6:
577577 11 (1) while unattended by a parent;
578578 12 (2) for regular compensation; and
579579 13 (3) for more than four (4) hours but less than twenty-four (24)
580580 14 hours in each of ten (10) consecutive days per year, excluding
581581 15 intervening Saturdays, Sundays, and holidays.
582582 16 (b) This subsection does not apply to a person with a developmental
583583 17 or physical disability who is provided transportation by a school
584584 18 corporation by means of a special purpose bus as provided in section
585585 19 5(a)(3) of this chapter. An individual or entity who transports children
586586 20 in the care of a:
587587 21 (1) preschool operated by a school corporation;
588588 22 (2) public elementary school; or
589589 23 (3) public secondary school;
590590 24 on a public highway (as defined in IC 9-25-2-4) within or outside
591591 25 Indiana shall transport the children only in a school bus, a special
592592 26 purpose bus, or an appropriate vehicle. The school bus, special purpose
593593 27 bus, or appropriate vehicle may be used for transportation of the
594594 28 children to activities or for regular transportation between the
595595 29 residences of the children and the school.
596596 30 (c) An individual or entity that transports children in the care of a
597597 31 child care center on a public highway (as defined in IC 9-25-2-4)
598598 32 within or outside Indiana in a vehicle designed and constructed for the
599599 33 accommodation of more than ten (10) passengers shall transport the
600600 34 children only in a school bus or special purpose bus.
601601 35 (d) The operator of a:
602602 36 (1) school bus that transports children as required under
603603 37 subsection (b) or (c) must meet the requirements of IC 20-27-8;
604604 38 and
605605 39 (2) special purpose bus or an appropriate vehicle that transports
606606 40 children as required under subsection (b) or (c) must meet the
607607 41 requirements of section 5(c) of this chapter.
608608 42 (e) This section does not prohibit the use of a public transportation
609609 2025 IN 1277—LS 7015/DI 148 15
610610 1 system for the transportation of children if the motor carriage used is
611611 2 designed to carry at least twenty (20) passengers.
612612 3 (f) This section does not prohibit a:
613613 4 (1) preschool operated by a school corporation;
614614 5 (2) public elementary school;
615615 6 (3) public secondary school; or
616616 7 (4) child care center;
617617 8 from contracting with a common carrier for incidental charter bus
618618 9 service for nonregular transportation if the carrier and the carrier's
619619 10 motor coach comply with the Federal Motor Carrier Safety Regulations
620620 11 as prescribed by the United States Department of Transportation
621621 12 Federal Highway Administration.
622622 13 (g) Notwithstanding section 17 of this chapter, a person who
623623 14 violates this section commits a Class B infraction.
624624 15 SECTION 12. IC 31-9-2-31, AS AMENDED BY P.L.195-2018,
625625 16 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
626626 17 JULY 1, 2025]: Sec. 31. (a) "Custodian", for purposes of the juvenile
627627 18 law, means a person with whom a child resides.
628628 19 (b) "Custodian", for purposes of IC 31-34-1, includes any person
629629 20 who is:
630630 21 (1) a license applicant or licensee of:
631631 22 (A) a foster home or residential child care facility that is
632632 23 required to be licensed or is licensed under IC 31-27;
633633 24 (B) a child care center that is required to be licensed or is
634634 25 licensed under IC 12-17.2-4; or
635635 26 (C) a child care home that is required to be licensed or is
636636 27 licensed under IC 12-17.2-5;
637637 28 (2) a person who is responsible for care, supervision, or welfare
638638 29 of children while providing services as an owner, operator,
639639 30 director, manager, supervisor, employee, or volunteer at:
640640 31 (A) a home, center, or facility described in subdivision (1);
641641 32 (B) a:
642642 33 (i) child care ministry, as defined in IC 12-7-2-28.8; or
643643 34 (ii) child care center;
644644 35 that is exempt from licensing requirements and is registered or
645645 36 required to be registered under IC 12-17.2-6;
646646 37 (C) a home, center, or facility of a child care provider, as
647647 38 defined in IC 12-7-2-149.1(5);
648648 39 (D) a home, center, or facility that is the location of a program
649649 40 that provides child care, as defined in section 16.3 of this
650650 41 chapter, to serve migrant children and that is exempt from
651651 42 licensing under IC 12-17.2-2-8(6), whether or not the program
652652 2025 IN 1277—LS 7015/DI 148 16
653653 1 is certified as described in IC 12-17.2-2-9; or
654654 2 (E) a school, as defined in section 113.5 of this chapter;
655655 3 (3) a child caregiver, as defined in section 16.4 of this chapter;
656656 4 (4) a member of the household of the child's noncustodial parent;
657657 5 or
658658 6 (5) an individual who has or intends to have direct contact, on a
659659 7 regular and continuing basis, with a child for whom the individual
660660 8 provides care and supervision.
661661 9 SECTION 13. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
662662 10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
663663 11 JULY 1, 2025]: Sec. 1. (a) The department shall initiate an
664664 12 appropriately thorough child protection assessment of every report of
665665 13 known or suspected child abuse or neglect the department receives,
666666 14 whether in accordance with this article or otherwise.
667667 15 (b) If a report of known or suspected child abuse or neglect is
668668 16 received from a judge or prosecutor requesting the department to
669669 17 initiate a child protection assessment, the department shall initiate an
670670 18 assessment in accordance with this section.
671671 19 (c) If a report of known or suspected child abuse or neglect is
672672 20 received from:
673673 21 (1) medical personnel;
674674 22 (2) school personnel;
675675 23 (3) a social worker;
676676 24 (4) law enforcement officials or personnel;
677677 25 (5) judiciary personnel; or
678678 26 (6) prosecuting attorney personnel;
679679 27 the department shall forward the report to the local office to determine
680680 28 if the department will initiate an assessment in accordance with this
681681 29 section.
682682 30 (d) If the department believes that a child is in imminent danger of
683683 31 serious bodily harm, the department shall initiate an onsite assessment
684684 32 immediately, but not later than two (2) hours, after receiving the report.
685685 33 (e) If the report alleges a child may be a victim of child abuse, the
686686 34 assessment shall be initiated immediately, but not later than
687687 35 twenty-four (24) hours after receipt of the report.
688688 36 (f) If reports of child neglect are received, the assessment shall be
689689 37 initiated within a reasonably prompt time, but not later than five (5)
690690 38 days, with the primary consideration being the well-being of the child
691691 39 who is the subject of the report.
692692 40 (g) If the report alleges that a child lives with a parent, guardian, or
693693 41 custodian who is married to or lives with a person who:
694694 42 (1) has been convicted of:
695695 2025 IN 1277—LS 7015/DI 148 17
696696 1 (A) neglect of a dependent under IC 35-46-1-4; or
697697 2 (B) a battery offense under IC 35-42-4; or
698698 3 (2) is required to register as a sex or violent offender under
699699 4 IC 11-8-8;
700700 5 the department shall initiate an assessment within a reasonably prompt
701701 6 time, but not later than five (5) days after the department receives the
702702 7 report, with the primary consideration being the well-being of the child
703703 8 who is the subject of the report.
704704 9 (h) If the safety or well-being of a child appears to be endangered or
705705 10 the facts otherwise warrant, the assessment shall be initiated regardless
706706 11 of the time of day.
707707 12 (i) If a report alleges abuse or neglect and involves a child care
708708 13 ministry or child care center that is exempt from licensure under
709709 14 IC 12-17.2-6, the department and the appropriate law enforcement
710710 15 agency shall jointly conduct an investigation. The investigation shall
711711 16 be conducted under the requirements of this section and section 2(b) of
712712 17 this chapter.
713713 18 SECTION 14. IC 31-33-18-2, AS AMENDED BY P.L.54-2024,
714714 19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
715715 20 JULY 1, 2025]: Sec. 2. Except as otherwise prohibited by federal law,
716716 21 the reports and other material described in section 1(a) of this chapter
717717 22 and the unredacted reports and other material described in section 1(b)
718718 23 of this chapter shall be made available only to the following:
719719 24 (1) Persons authorized by this article.
720720 25 (2) A legally mandated public or private child protective agency
721721 26 investigating a report of child abuse or neglect or treating a child
722722 27 or family that is the subject of a report or record.
723723 28 (3) Any of the following who are investigating a report of a child
724724 29 who may be a victim of child abuse or neglect:
725725 30 (A) A police officer or other law enforcement agency.
726726 31 (B) A prosecuting attorney.
727727 32 (C) A coroner, in the case of the death of a child.
728728 33 (4) A physician who has before the physician a child whom the
729729 34 physician reasonably suspects may be a victim of child abuse or
730730 35 neglect.
731731 36 (5) An individual legally authorized to place a child in protective
732732 37 custody if:
733733 38 (A) the individual has before the individual a child whom the
734734 39 individual reasonably suspects may be a victim of abuse or
735735 40 neglect; and
736736 41 (B) the individual requires the information in the report or
737737 42 record to determine whether to place the child in protective
738738 2025 IN 1277—LS 7015/DI 148 18
739739 1 custody.
740740 2 (6) An agency having the legal responsibility or authorization to
741741 3 care for, treat, or supervise a child who is the subject of a report
742742 4 or record or a parent, guardian, custodian, or other person who is
743743 5 responsible for the child's welfare.
744744 6 (7) An individual named in the report or record who is alleged to
745745 7 be abused or neglected or, if the individual named in the report is
746746 8 a child or is otherwise incompetent, the individual's guardian ad
747747 9 litem or the individual's court appointed special advocate, or both.
748748 10 (8) Each parent, guardian, custodian, or other person responsible
749749 11 for the welfare of a child named in a report or record and an
750750 12 attorney of the person described under this subdivision, with
751751 13 protection for the identity of reporters and other appropriate
752752 14 individuals.
753753 15 (9) A court, for redaction of the record in accordance with section
754754 16 1.5 of this chapter, or upon the court's finding that access to the
755755 17 records may be necessary for determination of an issue before the
756756 18 court. However, except for disclosure of a redacted record in
757757 19 accordance with section 1.5 of this chapter, access is limited to in
758758 20 camera inspection unless the court determines that public
759759 21 disclosure of the information contained in the records is necessary
760760 22 for the resolution of an issue then pending before the court.
761761 23 (10) A grand jury upon the grand jury's determination that access
762762 24 to the records is necessary in the conduct of the grand jury's
763763 25 official business.
764764 26 (11) An appropriate state or local official responsible for child
765765 27 protection services or legislation carrying out the official's official
766766 28 functions.
767767 29 (12) The community child protection team appointed under
768768 30 IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
769769 31 enable the team to carry out the team's purpose under IC 31-33-3.
770770 32 (13) A person about whom a report has been made, with
771771 33 protection for the identity of:
772772 34 (A) any person reporting known or suspected child abuse or
773773 35 neglect; and
774774 36 (B) any other person if the person or agency making the
775775 37 information available finds that disclosure of the information
776776 38 would be likely to endanger the life or safety of the person.
777777 39 (14) An employee of the department, a caseworker, or a juvenile
778778 40 probation officer conducting a criminal history check under
779779 41 IC 31-26-5, IC 31-34, or IC 31-37 to determine the
780780 42 appropriateness of an out-of-home placement for a:
781781 2025 IN 1277—LS 7015/DI 148 19
782782 1 (A) child at imminent risk of placement;
783783 2 (B) child in need of services; or
784784 3 (C) delinquent child.
785785 4 The results of a criminal history check conducted under this
786786 5 subdivision must be disclosed to a court determining the
787787 6 placement of a child described in clauses (A) through (C).
788788 7 (15) A local child fatality review team established under
789789 8 IC 16-49-2.
790790 9 (16) The statewide child fatality review committee established by
791791 10 IC 16-49-4.
792792 11 (17) The department.
793793 12 (18) The division of family resources, if the investigation report:
794794 13 (A) is classified as substantiated; and
795795 14 (B) concerns:
796796 15 (i) an applicant for a license to operate;
797797 16 (ii) a person licensed to operate;
798798 17 (iii) an employee of; or
799799 18 (iv) a volunteer providing services at; or
800800 19 (v) an applicant to register;
801801 20 a child care center licensed under IC 12-17.2-4, a child care
802802 21 center registered under IC 12-17.2-6, or a child care home
803803 22 licensed under IC 12-17.2-5.
804804 23 (19) A citizen review panel established under IC 31-25-2-20.4.
805805 24 (20) The department of child services ombudsman established by
806806 25 IC 4-13-19-3.
807807 26 (21) The secretary of education with protection for the identity of:
808808 27 (A) any person reporting known or suspected child abuse or
809809 28 neglect; and
810810 29 (B) any other person if the person or agency making the
811811 30 information available finds that disclosure of the information
812812 31 would be likely to endanger the life or safety of the person.
813813 32 (22) The state child fatality review coordinator employed by the
814814 33 Indiana department of health under IC 16-49-5-1.
815815 34 (23) A person who operates a child caring institution, group
816816 35 home, or secure private facility if all the following apply:
817817 36 (A) The child caring institution, group home, or secure private
818818 37 facility is licensed under IC 31-27.
819819 38 (B) The report or other materials concern:
820820 39 (i) an employee of;
821821 40 (ii) a volunteer providing services at; or
822822 41 (iii) a child placed at;
823823 42 the child caring institution, group home, or secure private
824824 2025 IN 1277—LS 7015/DI 148 20
825825 1 facility.
826826 2 (C) The allegation in the report occurred at the child caring
827827 3 institution, group home, or secure private facility.
828828 4 (24) A person who operates a child placing agency if all the
829829 5 following apply:
830830 6 (A) The child placing agency is licensed under IC 31-27.
831831 7 (B) The report or other materials concern:
832832 8 (i) a child placed in a foster home licensed by the child
833833 9 placing agency;
834834 10 (ii) a person licensed by the child placing agency to operate
835835 11 a foster family home;
836836 12 (iii) an employee of the child placing agency or a foster
837837 13 family home licensed by the child placing agency; or
838838 14 (iv) a volunteer providing services at the child placing
839839 15 agency or a foster family home licensed by the child placing
840840 16 agency.
841841 17 (C) The allegations in the report occurred in the foster family
842842 18 home or in the course of employment or volunteering at the
843843 19 child placing agency or foster family home.
844844 20 (25) The National Center for Missing and Exploited Children.
845845 21 (26) A local domestic violence fatality review team established
846846 22 under IC 12-18-8, as determined by the department to be relevant
847847 23 to the death or near fatality that the local domestic violence
848848 24 fatality review team is reviewing.
849849 25 (27) The statewide domestic violence fatality review committee
850850 26 established under IC 12-18-9-3, as determined by the department
851851 27 to be relevant to the death or near fatality that the statewide
852852 28 domestic violence fatality review committee is reviewing.
853853 29 (28) The statewide maternal mortality review committee
854854 30 established under IC 16-50-1-3, as determined by the department
855855 31 to be relevant to the case of maternal morbidity or maternal
856856 32 mortality that the statewide maternal mortality review committee
857857 33 is reviewing.
858858 34 (29) A local fetal-infant mortality review team established under
859859 35 IC 16-49-6, as determined by the department to be relevant to the
860860 36 case of fetal or infant fatality that the local fetal-infant mortality
861861 37 review team is reviewing.
862862 38 (30) A suicide and overdose fatality review team established
863863 39 under IC 16-49.5-2, as determined by the department to be
864864 40 relevant to the case of a suicide or overdose fatality that the
865865 41 suicide and overdose fatality review team is reviewing.
866866 42 (31) The office of administrative law proceedings for a matter that
867867 2025 IN 1277—LS 7015/DI 148 21
868868 1 is the subject of an administrative proceeding before the office of
869869 2 administrative law proceedings.
870870 3 (32) A tribal representative, agency, or organization authorized by
871871 4 the Indian child's tribe to care for, diagnose, treat, review,
872872 5 evaluate, or monitor active efforts regarding an Indian child, and
873873 6 the Indian child's parent, guardian, or custodian.
874874 7 (33) The United States Department of State and foreign
875875 8 governments to comply with federal law and treaties.
876876 9 (34) A child advocacy center when the child advocacy center has
877877 10 before it an investigation of child abuse or neglect in which it is
878878 11 facilitating a forensic interview or facilitating a case discussion or
879879 12 case review.
880880 2025 IN 1277—LS 7015/DI 148