*ES0463.1*
March 27, 2025
ENGROSSED
SENATE BILL No. 463
_____
DIGEST OF SB 463 (Updated March 26, 2025 10:43 am - DI 119)
Citations Affected: IC 6-3.1; IC 12-17.2; noncode.
Synopsis: Child care matters. Extends the availability of the employer
child care expenditure tax credit through July 1, 2027. Provides that
under specified circumstances, an individual who: (1) is at least 15
years of age; and (2) is a student at a school corporation that operates
a child care program; may volunteer as a caregiver for the child care
program before completing the statutory requirements for individuals
to act as a volunteer caregiver at a child care program. Adds two
representatives of out-of-school-time programs to the membership of
the early learning advisory committee (ELAC). Provides that a licensed
(Continued next page)
Effective: Upon passage; July 1, 2025.
Charbonneau, Alting, Yoder,
Spencer, Pol Jr., Ford J.D.,
Randolph Lonnie M
(HOUSE SPONSORS — DEVON, HAMILTON, OLTHOFF, PIERCE K)
January 13, 2025, read first time and referred to Committee on Health and Provider
Services.
January 29, 2025, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 13, 2025, amended, reported favorably — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
February 18, 2025, engrossed.
February 20, 2025, read third time, passed. Yeas 44, nays 5.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Family, Children and Human
Affairs.
March 27, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
ES 463—LS 7491/DI 119 Digest Continued
child care center may maintain for each of a specified range of ages: (1)
a staff to child ratio that is greater than or equal to the lowest staff to
child ratio allowed for that age range under the laws of Illinois,
Kentucky, Michigan, and Ohio (bordering states); and (2) a group size
that is less than or equal to the highest group size allowed for that age
range under the laws of the bordering states. Provides exceptions to the
bill's group size provisions for: (1) an indoor or outdoor area of a child
care center that provides at least 75 square feet of space per child; and
(2) a child care center's cafeteria. Requires the office of the secretary
of family and social services (office) to post on the office's website not
later than December 1 of each year the staff to child ratio and group
size that a licensed child care center may maintain for the next calendar
year. Provides that if the office has received at least five applications
from child care providers wishing to participate in the micro center
pilot program (pilot program) but has selected less than five applicants
for participation in the pilot program, the office shall select additional
applicants for participation in the pilot program such that at least five
child care providers are participating in the pilot program. Establishes
the local child care assistance program (grant program) for the purpose
of providing a county with assistance in expanding the availability of
child care in the county and provides the following with regard to the
grant program: (1) That the office shall administer the grant program
and may provide matching grants to a county participating in the grant
program. (2) That a county that wishes to receive a matching grant
must enter into a memorandum of understanding with office regarding
the purposes for which the county may use the matching grant. (3) That
a county that receives a matching grant under the grant program must
report specified information to the office. (4) That the office must
submit an annual report to the legislative council regarding the grant
program. Allows the office to adopt interim rules to implement
recommendations issued by ELAC.
ES 463—LS 7491/DI 119ES 463—LS 7491/DI 119 March 27, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 463
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 6-3.1-39.5-15, AS ADDED BY P.L.201-2023,
2 SECTION 103, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE UPON PASSAGE]: Sec. 15. This chapter expires July
4 1, 2025. 2027.
5 SECTION 2. IC 12-17.2-3.5-8, AS AMENDED BY P.L.92-2024,
6 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 UPON PASSAGE]: Sec. 8. (a) At least one (1) adult individual who
8 maintains certification in a course of cardiopulmonary resuscitation
9 applicable to all age groups of children cared for by a provider shall be
10 present at all times when a child is in the care of the provider.
11 (b) Except as provided in subsection (c), the following apply to an
12 individual who is employed or volunteers as a caregiver at a facility
13 where a provider operates a child care program:
14 (1) The individual shall maintain current certification in first aid
15 applicable to all age groups of children cared for by the provider.
ES 463—LS 7491/DI 119 2
1 (2) If the individual is:
2 (A) at least eighteen (18) years of age, the individual may act
3 as a caregiver without supervision of another caregiver; or
4 (B) less than eighteen (18) years of age, the individual may act
5 as a caregiver only if the individual:
6 (i) is at least fourteen (14) years of age; and
7 (ii) is, at all times when child care is provided, directly
8 supervised by a caregiver who is at least eighteen (18) years
9 of age.
10 (3) Before beginning employment or volunteer duties, the
11 individual must receive a formal orientation to the facility and the
12 child care program.
13 (4) Beginning July 1, 2015, unless the provider is a parent,
14 stepparent, guardian, custodian, or other relative to each child in
15 the care of the provider, the individual annually must receive at
16 least twelve (12) hours of continuing education approved by the
17 division and related to the age appropriate educational
18 development, care, and safety of children. The hours of
19 continuing education required by this subdivision may include the
20 training described in this chapter concerning child abuse
21 detection and prevention, first aid, cardiopulmonary resuscitation,
22 and safe sleeping practices.
23 (5) Not more than three (3) months after the individual begins
24 employment or volunteer duties, the individual must receive
25 training approved by the division concerning child abuse
26 detection and prevention.
27 (c) An individual who is at least fifteen (15) years of age and is
28 a student at a school corporation that operates a child care
29 program may volunteer as a caregiver for the child care program
30 before completing the requirements under subsection (b) if the
31 individual:
32 (1) is supervised by an adult who is authorized under this
33 article to provide child care services; and
34 (2) completes the requirements under subsection (b) not later
35 than three (3) months after the individual begins volunteering
36 at the facility.
37 (c) (d) A provider shall:
38 (1) maintain at the facility where the provider operates a child
39 care program documentation of all training and completion of
40 continuing education required by this section; and
41 (2) make the documentation available to the division upon
42 request.
ES 463—LS 7491/DI 119 3
1 SECTION 3. IC 12-17.2-3.8-5, AS AMENDED BY P.L.92-2024,
2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 5. (a) The early learning advisory committee
4 is established to do the following:
5 (1) Establish child developmental and educational goals for
6 Indiana's early learning system, including the development of
7 standards and objectives for early education programs that receive
8 state or federal funds.
9 (2) Design and maintain an approach to measuring progress
10 toward the goals established under subdivision (1) that include
11 objective measures of academic quality.
12 (3) Assess the attainment of the goals established under
13 subdivision (1) and evaluate the efficacy of state and federal
14 spending on Indiana's early learning system.
15 (4) Assess whether the requirements for early education program
16 licensure:
17 (A) create an equitable standard for health and safety across all
18 early education program types;
19 (B) reinforce the goals established under subdivision (1); and
20 (C) support the sustainability of Indiana's early learning
21 system.
22 (5) Conduct periodic statewide needs assessments concerning the
23 quality and availability of early education programs for children
24 from birth to the age of school entry, including the availability of
25 high quality prekindergarten education for low income children
26 in Indiana.
27 (6) Identify opportunities for, and barriers to, collaboration and
28 coordination among federally and state funded child development,
29 child care, and early childhood education programs and services,
30 including governmental agencies that administer the programs
31 and services.
32 (7) Design early education workforce strategies, including
33 recommendations on how to advance professional development.
34 (8) Assess the capacity and effectiveness of pathways to support
35 training and recruitment of early educators.
36 (9) Not later than November 30 of each year, develop and make
37 recommendations to the governor and, in an electronic format
38 under IC 5-14-6, to the legislative council concerning the results
39 of the committee's work under subdivisions (1) through (8).
40 (10) Not later than May 1, 2024, commission a third party
41 evaluation to assess existing regulations for child care providers
42 and provide a report containing recommendations to:
ES 463—LS 7491/DI 119 4
1 (A) maintain health and safety standards;
2 (B) streamline administrative burdens, program standards, and
3 reporting requirements for child care providers;
4 (C) provide flexibility for a child care provider with a Level 3
5 or Level 4 paths to QUALITY program rating to expand to
6 other locations; and
7 (D) assist accredited kindergarten through grade 12
8 institutions in establishing and providing high quality onsite
9 child care and early learning programs.
10 Not later than July 1, 2024, the office of the secretary shall initiate
11 the process of amending the rules adopted by the office under
12 IC 12-17.2-7.2 in consideration of the recommendations of the
13 third party evaluation. This subdivision expires January 1, 2025.
14 (11) Not later than December 31, 2023, develop recommendations
15 for implementing a revised paths to QUALITY program that:
16 (A) maintains health and safety standards;
17 (B) integrates objective measures of kindergarten readiness;
18 (C) contemplates accredited kindergarten through grade 12
19 institutions as onsite providers; and
20 (D) incentivizes child care providers to increase wages for
21 child care workers who complete education and training that
22 result in a postsecondary degree or industry recognized
23 credential.
24 This subdivision expires July 1, 2024.
25 (12) Not later than September 30, 2024, do the following:
26 (A) Complete a study regarding compensation in Indiana for:
27 (i) early childhood educators; and
28 (ii) caregivers at out-of-school-time programs;
29 by collecting compensation data throughout Indiana.
30 (B) Create an online dashboard to allow access to
31 compensation data.
32 (C) Issue a report containing the committee's findings and
33 recommendations on compensation in Indiana for:
34 (i) early childhood educators; and
35 (ii) caregivers at out-of-school-time programs.
36 (b) The committee consists of the following thirteen (13) fifteen
37 (15) members:
38 (1) The secretary of education or the secretary's designee.
39 (2) The secretary of family and social services or the secretary's
40 designee.
41 (3) Seven (7) Nine (9) members appointed by the governor as
42 follows:
ES 463—LS 7491/DI 119 5
1 (A) A representative of an organization with an interest in
2 training the early childhood education workforce.
3 (B) A representative of a Head Start program under 42 U.S.C.
4 9831 et seq.
5 (C) A member of the general public who has an interest in
6 early childhood education.
7 (D) A representative of an early childhood education provider.
8 (E) A representative from a school corporation who has an
9 interest in strengthening the transition from early childhood
10 education to elementary education.
11 (F) A representative of business with an interest in early
12 childhood education.
13 (G) A representative of the nonprofit or philanthropic
14 community with an interest in early childhood education.
15 (H) A representative of an out-of-school-time program.
16 (I) A representative of an organization with an interest in
17 training individuals in the out-of-school time field and
18 strengthening the out-of-school time field in Indiana
19 statewide.
20 (4) One (1) member who:
21 (A) is appointed by the speaker of the house of representatives;
22 (B) is not a member of the general assembly; and
23 (C) shall serve as a nonvoting member.
24 (5) One (1) member who:
25 (A) is appointed by the president pro tempore of the senate;
26 (B) is not a member of the general assembly; and
27 (C) shall serve as a nonvoting member.
28 (6) One (1) member who:
29 (A) is appointed by the minority leader of the house of
30 representatives;
31 (B) is not a member of the general assembly; and
32 (C) shall serve as a nonvoting member.
33 (7) One (1) member who:
34 (A) is appointed by the minority leader of the senate;
35 (B) is not a member of the general assembly; and
36 (C) shall serve as a nonvoting member.
37 (c) Subject to section 5.1 of this chapter, members appointed under
38 subsection (b)(3) through (b)(7) serve for three (3) year terms. The
39 members of the committee serve at the pleasure of the appointing
40 authority.
41 (d) The governor shall appoint a member of the committee to serve
42 as chairperson of the committee. The committee shall meet at least six
ES 463—LS 7491/DI 119 6
1 (6) times each calendar year at the call of the chairperson.
2 (e) The division shall, in consultation with the department of
3 education, staff the committee.
4 (f) The expenses of the committee shall be paid from the funds of
5 the division.
6 (g) Each member of the committee who is not a state employee is
7 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
8 The member is also entitled to reimbursement for traveling expenses
9 as provided under IC 4-13-1-4 and other expenses actually incurred in
10 connection with the member's duties as provided in the state policies
11 and procedures established by the Indiana department of administration
12 and approved by the budget agency.
13 (h) Each member of the committee who is a state employee but who
14 is not a member of the general assembly is entitled to reimbursement
15 for traveling expenses as provided under IC 4-13-1-4 and other
16 expenses actually incurred in connection with the member's duties as
17 provided in the state policies and procedures established by the Indiana
18 department of administration and approved by the budget agency.
19 (i) Each member of the committee who is a member of the general
20 assembly is entitled to receive the same per diem, mileage, and travel
21 allowances paid to legislative members of interim study committees
22 established by the legislative council. Per diem, mileage, and travel
23 allowances paid under this section shall be paid from appropriations
24 made to the legislative council or the legislative services agency.
25 (j) The affirmative votes of a majority of the voting members
26 appointed to the committee are required for the committee to take
27 action on any measure, including final reports.
28 SECTION 4. IC 12-17.2-4-14.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE UPON PASSAGE]: Sec. 14.5. (a) As used in this
31 section, "bordering state" means any of the following:
32 (1) Illinois.
33 (2) Kentucky.
34 (3) Michigan.
35 (4) Ohio.
36 (b) As used in this section, "child care facility" means:
37 (1) a child care center in Indiana; or
38 (2) a facility comparable to a child care center in a bordering
39 state.
40 (c) As used in this section, the "comparator group size" for an
41 age range set forth in subsection (g) is the highest group size that
42 is allowed for that age range at any time after July 1, 2025, under
ES 463—LS 7491/DI 119 7
1 the law governing licensure of child care facilities in a bordering
2 state.
3 (d) As used in this section, the "comparator staff to child ratio"
4 for an age range set forth in subsection (g) is the lowest staff to
5 child ratio that is allowed for that age range at any time after July
6 1, 2025, under the law governing licensure of child care facilities in
7 a bordering state.
8 (e) As used in this section, "group" means a portion of the
9 children for whom a child care facility is providing supervision
10 who are generally assigned by the child care facility to be
11 supervised:
12 (1) in the same room or space; and
13 (2) by the same staff member or members of the child care
14 facility.
15 (f) As used in this section, "staff to child ratio" means, for a
16 specified age range, a fraction:
17 (1) the numerator of which is one (1); and
18 (2) the denominator of which is the maximum number of
19 children within that age range that a child care facility may
20 allow to be supervised by a single staff member of the child
21 care facility under the laws of the state in which the child care
22 facility is licensed.
23 (g) The office of the secretary shall publish the comparator staff
24 to child ratio and comparator group size under subsections (m)
25 through (n) for each of the following age ranges:
26 (1) Less than twelve (12) months of age.
27 (2) At least twelve (12) months of age but less than eighteen
28 (18) months of age.
29 (3) At least eighteen (18) months of age but less than
30 twenty-four (24) months of age.
31 (4) At least twenty-four (24) months of age but less than thirty
32 (30) months of age.
33 (5) At least thirty (30) months of age but less than thirty-six
34 (36) months of age.
35 (6) At least thirty-six (36) months of age but less than
36 forty-eight (48) months of age.
37 (7) At least forty-eight (48) months of age but less than sixty
38 (60) months of age.
39 (8) At least sixty (60) months of age but less than seventy-two
40 (72) months of age.
41 (9) Seventy-two (72) months of age or older.
42 (h) A licensed child care center may maintain a staff to child
ES 463—LS 7491/DI 119 8
1 ratio for each age range set forth in subsection (g) that is greater
2 than or equal to the comparator staff to child ratio for that age
3 range, as published on the website of the office of the secretary on
4 December 1 of the immediately preceding calendar year.
5 (i) A student who:
6 (1) is at least fifteen (15) years of age;
7 (2) is exploring a career in childhood education;
8 (3) provides care for children as a volunteer at a child care
9 center; and
10 (4) is, at all times at which the student provides care for
11 children at the child care center, under the supervision of an
12 adult who is authorized under this article to provide child
13 care services;
14 is a staff member of the child care center for purposes of the child
15 care center's staff to child ratio under subsection (h).
16 (j) Except as provided with regard to specified areas of a child
17 care center under subsections (k) and (l), a licensed child care
18 center may maintain a group size for each age range set forth in
19 subsection (g) that is less than or equal to the comparator group
20 size for that age range, as published on the website of the office of
21 the secretary on December 1 of the immediately preceding
22 calendar year.
23 (k) The maximum group size for children in an age range under
24 subsection (g), when supervised in an indoor or outdoor area of a
25 child care center that provides at least seventy-five (75) square feet
26 of space per child, is equal to three (3) times the comparator group
27 size for that age range.
28 (l) The maximum group size for children supervised in a child
29 care center's cafeteria, regardless of the age range or ranges of the
30 children under subsection (g), is equal to the number of seats
31 available to children in the cafeteria.
32 (m) Not later than December 1, 2025, the office of the secretary
33 shall publish on the website of the office of the secretary the:
34 (1) comparator staff to child ratio for purposes of subsection
35 (h); and
36 (2) comparator group size for purposes of subsection (j);
37 for each age range set forth in subsection (g).
38 (n) Not later than December 1, 2026, and not later than
39 December 1 of each year thereafter, the office of the secretary
40 shall:
41 (1) revise the comparator staff to child ratio published on the
42 website of the office of the secretary to reflect any decrease in
ES 463—LS 7491/DI 119 9
1 the comparator staff to child ratio in the preceding calendar
2 year; and
3 (2) revise the comparator group size published on the website
4 of the office of the secretary to reflect any increase in the
5 comparator group size in the preceding calendar year.
6 SECTION 5. IC 12-17.2-7.6-3.1 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE UPON PASSAGE]: Sec. 3.1. If as of July 1, 2025:
9 (1) at least five (5) licensees have applied to participate in the
10 pilot program under section 3(c)(1) of this chapter; and
11 (2) the office of the secretary has selected less than five (5) of
12 the applicant licensees to participate in the pilot program
13 under section 3(c)(2) of this chapter;
14 the office of the secretary shall, not later than July 1, 2025, and
15 subject to section 3(d) of this chapter, select additional applicant
16 licensees for participation in the pilot program such that at least
17 five (5) licensees are participating in the pilot program.
18 SECTION 6. IC 12-17.2-7.7 IS ADDED TO THE INDIANA CODE
19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]:
21 Chapter 7.7. Local Child Care Assistance Program
22 Sec. 1. As used in this chapter, "grant fund" means the local
23 child care assistance grant fund established by section 6 of this
24 chapter.
25 Sec. 2. As used in this chapter, "matching grant" means funds
26 transferred by the office of the secretary from the general account
27 of the grant fund to a county's county match account in the grant
28 fund.
29 Sec. 3. As used in this chapter, "program" means the local child
30 care assistance program established by section 4 of this chapter.
31 Sec. 4. (a) The local child care assistance program is established
32 for the purpose of providing a county with assistance in expanding
33 the availability of child care in the county.
34 (b) The office of the secretary shall administer the program.
35 Sec. 5. (a) A county may apply to the office of the secretary, in
36 a manner prescribed by the office of the secretary, to participate
37 in the program.
38 (b) The office of the secretary may make any of the following
39 assistance available to a county participating in the program:
40 (1) Matching grants.
41 (2) Technical, analytical, and communications assistance.
42 (3) Training.
ES 463—LS 7491/DI 119 10
1 (4) Guidance regarding licensure of child care providers.
2 (5) Any other assistance the office of the secretary chooses to
3 offer through the program.
4 Sec. 6. (a) The local child care assistance grant fund is
5 established for the purpose of receiving and disbursing funds for
6 purposes of the program.
7 (b) The office of the secretary shall administer the grant fund.
8 (c) The grant fund consists of:
9 (1) appropriations to the grant fund by the general assembly;
10 (2) grants, gifts, and donations intended for deposit in the
11 grant fund; and
12 (3) funds transferred to the grant fund by counties
13 participating in the program.
14 (d) A general account is established within the grant fund for
15 purposes of receiving and disbursing funds described in subsection
16 (c)(1) and (c)(2) that are deposited in the grant fund.
17 (e) The office of the secretary shall establish a county match
18 account within the grant fund for each county that participates in
19 the program for purposes of receiving and disbursing funds
20 transferred to the grant fund by the county.
21 (f) The expenses of administering the grant fund shall be paid
22 from money in the grant fund.
23 (g) Funds remaining in the grant fund at the end of a state fiscal
24 year do not revert to the state general fund.
25 Sec. 7. (a) Subject to the available balance in the general
26 account of the grant fund, the office of the secretary shall, on the
27 first day of each month:
28 (1) transfer from the general account of the grant fund to a
29 county's county match account in the grant fund one dollar
30 ($1) for every one dollar ($1) deposited by the county in the
31 county's county match account in the immediately preceding
32 month; and
33 (2) after making the transfer under subdivision (1), disburse
34 the money in the county's county match account to the county.
35 (b) A county that requests a matching grant through the
36 program shall, as a condition of receiving the matching grant,
37 enter into a memorandum of understanding with the office of the
38 secretary that prescribes the purposes for which the county may
39 use matching grants received by the county.
40 (c) A county may accept private funds for deposit in the county's
41 county match account. The office of the secretary shall not include
42 private funds deposited by a county in the county's county match
ES 463—LS 7491/DI 119 11
1 account in the calculation of the amount transferred by the office
2 of the secretary to the county's county match account under
3 subsection (a).
4 Sec. 8. Not later than March 1 of each year, a county that
5 received one (1) or more matching grants in the immediately
6 preceding calendar year shall submit a report to the office of the
7 secretary that includes:
8 (1) an accounting of the purposes for which the county used
9 the matching grants received by the county in the immediately
10 preceding calendar year;
11 (2) a proposed plan for the county's use of future matching
12 grants received by the county; and
13 (3) any additional information required by the office of the
14 secretary.
15 Sec. 9. If the office of the secretary determines that a county is
16 not complying with the memorandum of understanding entered
17 into by the county under this chapter, the office of the secretary
18 shall:
19 (1) provide written notice to the county that:
20 (A) the office of the secretary has determined that the
21 county is not in compliance with the county's
22 memorandum of understanding; and
23 (B) the county must demonstrate that it is in compliance
24 with the memorandum of understanding not later than
25 thirty (30) days after the date of the notice; and
26 (2) suspend matching grants to the county if the county does
27 not demonstrate to the office of the secretary that the county
28 is in compliance with the memorandum of understanding not
29 later than thirty (30) days after the date of the notice.
30 Sec. 10. Not later than July 1, 2026, and July 1 of each year
31 thereafter, the office of the secretary shall submit a report to the
32 legislative council that provides the following information
33 regarding the program for the preceding calendar year:
34 (1) The counties that participated in the program.
35 (2) The counties that received matching grants, and the total
36 amount of the matching grants received by each county.
37 (3) A summary of the assistance other than matching grants
38 that was provided to counties through the program.
39 (4) A summary of the purposes for which counties reported
40 using matching grants under section 8 of this chapter.
41 (5) The office of the secretary's assessment of the effectiveness
42 of the program in expanding the availability of child care in
ES 463—LS 7491/DI 119 12
1 Indiana.
2 (6) Any changes to the program the office of the secretary
3 recommends to increase the effectiveness of the program in
4 expanding the availability of child care in Indiana.
5 The report must be submitted in an electronic format under
6 IC 5-14-6.
7 SECTION 7. [EFFECTIVE UPON PASSAGE] (a) As used in this
8 SECTION, "office of the secretary" means the office of the
9 secretary of family and social services established by IC 12-8-1.5-1.
10 (b) Beginning July 1, 2025, the office of the secretary may adopt
11 interim rules under IC 4-22-2-37.2 to implement the
12 recommendations issued by the early learning advisory committee
13 under IC 12-17.2-3.8-5, as amended by this act.
14 (c) This SECTION expires January 1, 2026.
15 SECTION 8. [EFFECTIVE UPON PASSAGE] (a) As used in this
16 SECTION, "office of the secretary" means the office of the
17 secretary of family and social services established by IC 12-8-1.5-1.
18 (b) Not later than July 1, 2025, the office of the secretary shall
19 initiate the process of amending 470 IAC 3-4.7 in conformance with
20 IC 12-17.2-4-14.5, as added by this act.
21 (c) This SECTION expires January 1, 2026.
22 SECTION 9. An emergency is declared for this act.
ES 463—LS 7491/DI 119 13
COMMITTEE REPORT
Mr. President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 463, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS and be
reassigned to the Senate Committee on Appropriations.
(Reference is to SB 463 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 11, Nays 1.
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, to which
was referred Senate Bill No. 463, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, delete lines 1 through 15.
Page 2, delete lines 1 through 8.
Page 8, delete lines 3 through 42.
Delete page 9.
Page 10, delete lines 1 through 33.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 463 as printed January 30, 2025.)
MISHLER, Chairperson
Committee Vote: Yeas 11, Nays 0.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 463 be amended to read as
follows:
Page 5, delete lines 25 through 32, begin a new paragraph and
insert:
"(c) As used in this section, the "comparator group size" for an
ES 463—LS 7491/DI 119 14
age range set forth in subsection (g) is the highest group size that
is allowed for that age range at any time after July 1, 2025, under
the law governing licensure of child care facilities in a bordering
state.
(d) As used in this section, the "comparator staff to child ratio"
for an age range set forth in subsection (g) is the lowest staff to
child ratio that is allowed for that age range at any time after July
1, 2025, under the law governing licensure of child care facilities in
a bordering state.".
Page 6, delete lines 6 through 9, begin a new paragraph and insert:
"(g) The office of the secretary shall publish the comparator
staff to child ratio and comparator group size under subsections (j)
through (k) for each of the following age ranges:".
Page 6, line 26, delete "must" and insert "may".
Page 6, line 27, after "that is" insert "greater than or".
Page 6, line 28, delete "lowest".
Page 6, line 28, delete "unless" and insert "as published on the
website of the office of the secretary on December 1 of the
immediately preceding calendar year.".
Page 6, delete lines 29 through 31.
Page 6, line 32, delete "must" and insert "may".
Page 6, line 32, delete "maximum".
Page 6, line 33, after "that is" insert "less than or".
Page 6, line 34, delete "highest".
Page 6, line 34, delete "unless the" and insert "as published on the
website of the office of the secretary on December 1 of the
immediately preceding calendar year.".
Page 6, delete lines 35 through 42, begin a new paragraph and
insert:
"(j) Not later than December 1, 2025, the office of the secretary
shall publish on the website of the office of the secretary the:
(1) comparator staff to child ratio for purposes of subsection
(h); and
(2) comparator group size for purposes of subsection (i);
for each age range set forth in subsection (g).
(k) Not later than December 1, 2026, and not later than
December 1 of each year thereafter, the office of the secretary
shall:
(1) revise the comparator staff to child ratio published on the
website of the office of the secretary to reflect any decrease in
the comparator staff to child ratio in the preceding calendar
year; and
ES 463—LS 7491/DI 119 15
(2) revise the comparator group size published on the website
of the office of the secretary to reflect any increase in the
comparator group size in the preceding calendar year.".
Page 7, delete lines 1 through 9.
Page 7, line 26, delete "IC 4-22-2-37.1" and insert "IC 4-22-2-37.2".
Page 7, line 31, after "means" insert "the".
(Reference is to SB 463 as printed February 14, 2025.)
GARTEN
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred Senate Bill 463, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, between lines 4 and 5, begin a new paragraph and insert:
"SECTION 2. IC 12-17.2-3.5-8, AS AMENDED BY P.L.92-2024,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) At least one (1) adult individual who
maintains certification in a course of cardiopulmonary resuscitation
applicable to all age groups of children cared for by a provider shall be
present at all times when a child is in the care of the provider.
(b) Except as provided in subsection (c), the following apply to an
individual who is employed or volunteers as a caregiver at a facility
where a provider operates a child care program:
(1) The individual shall maintain current certification in first aid
applicable to all age groups of children cared for by the provider.
(2) If the individual is:
(A) at least eighteen (18) years of age, the individual may act
as a caregiver without supervision of another caregiver; or
(B) less than eighteen (18) years of age, the individual may act
as a caregiver only if the individual:
(i) is at least fourteen (14) years of age; and
(ii) is, at all times when child care is provided, directly
supervised by a caregiver who is at least eighteen (18) years
of age.
(3) Before beginning employment or volunteer duties, the
individual must receive a formal orientation to the facility and the
ES 463—LS 7491/DI 119 16
child care program.
(4) Beginning July 1, 2015, unless the provider is a parent,
stepparent, guardian, custodian, or other relative to each child in
the care of the provider, the individual annually must receive at
least twelve (12) hours of continuing education approved by the
division and related to the age appropriate educational
development, care, and safety of children. The hours of
continuing education required by this subdivision may include the
training described in this chapter concerning child abuse
detection and prevention, first aid, cardiopulmonary resuscitation,
and safe sleeping practices.
(5) Not more than three (3) months after the individual begins
employment or volunteer duties, the individual must receive
training approved by the division concerning child abuse
detection and prevention.
(c) An individual who is at least fifteen (15) years of age and is
a student at a school corporation that operates a child care
program may volunteer as a caregiver for the child care program
before completing the requirements under subsection (b) if the
individual:
(1) is supervised by an adult who is authorized under this
article to provide child care services; and
(2) completes the requirements under subsection (b) not later
than three (3) months after the individual begins volunteering
at the facility.
(c) (d) A provider shall:
(1) maintain at the facility where the provider operates a child
care program documentation of all training and completion of
continuing education required by this section; and
(2) make the documentation available to the division upon
request.".
Page 3, line 25, delete "fourteen" and insert "fifteen".
Page 3, line 26, delete "(14)" and insert "(15)".
Page 3, line 30, delete "Eight (8)" and insert "Nine (9)".
Page 4, between lines 4 and 5, begin a new line double block
indented and insert:
"(I) A representative of an organization with an interest in
training individuals in the out-of-school time field and
strengthening the out-of-school time field in Indiana
statewide.".
Page 6, line 9, delete "(j)" and insert "(m)".
Page 6, line 10, delete "(k)" and insert "(n)".
ES 463—LS 7491/DI 119 17
Page 6, between lines 31 and 32, begin a new paragraph and insert:
"(i) A student who:
(1) is at least fifteen (15) years of age;
(2) is exploring a career in childhood education;
(3) provides care for children as a volunteer at a child care
center; and
(4) is, at all times at which the student provides care for
children at the child care center, under the supervision of an
adult who is authorized under this article to provide child
care services;
is a staff member of the child care center for purposes of the child
care center's staff to child ratio under subsection (h).".
Page 6, line 32, delete "(i) A" and insert "(j) Except as provided
with regard to specified areas of a child care center under
subsections (k) and (l), a".
Page 6, between lines 36 and 37, begin a new paragraph and insert:
"(k) The maximum group size for children in an age range
under subsection (g), when supervised in an indoor or outdoor area
of a child care center that provides at least seventy-five (75) square
feet of space per child, is equal to three (3) times the comparator
group size for that age range.
(l) The maximum group size for children supervised in a child
care center's cafeteria, regardless of the age range or ranges of the
children under subsection (g), is equal to the number of seats
available to children in the cafeteria.".
Page 6, line 37, delete "(j)" and insert "(m)".
Page 6, line 41, delete "(i);" and insert "(j);".
Page 7, line 1, delete "(k)" and insert "(n)".
Page 7, between lines 22 and 23, begin a new paragraph and insert:
"SECTION 5. IC 12-17.2-7.7 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]:
Chapter 7.7. Local Child Care Assistance Program
Sec. 1. As used in this chapter, "grant fund" means the local
child care assistance grant fund established by section 6 of this
chapter.
Sec. 2. As used in this chapter, "matching grant" means funds
transferred by the office of the secretary from the general account
of the grant fund to a county's county match account in the grant
fund.
Sec. 3. As used in this chapter, "program" means the local child
care assistance program established by section 4 of this chapter.
ES 463—LS 7491/DI 119 18
Sec. 4. (a) The local child care assistance program is established
for the purpose of providing a county with assistance in expanding
the availability of child care in the county.
(b) The office of the secretary shall administer the program.
Sec. 5. (a) A county may apply to the office of the secretary, in
a manner prescribed by the office of the secretary, to participate
in the program.
(b) The office of the secretary may make any of the following
assistance available to a county participating in the program:
(1) Matching grants.
(2) Technical, analytical, and communications assistance.
(3) Training.
(4) Guidance regarding licensure of child care providers.
(5) Any other assistance the office of the secretary chooses to
offer through the program.
Sec. 6. (a) The local child care assistance grant fund is
established for the purpose of receiving and disbursing funds for
purposes of the program.
(b) The office of the secretary shall administer the grant fund.
(c) The grant fund consists of:
(1) appropriations to the grant fund by the general assembly;
(2) grants, gifts, and donations intended for deposit in the
grant fund; and
(3) funds transferred to the grant fund by counties
participating in the program.
(d) A general account is established within the grant fund for
purposes of receiving and disbursing funds described in subsection
(c)(1) and (c)(2) that are deposited in the grant fund.
(e) The office of the secretary shall establish a county match
account within the grant fund for each county that participates in
the program for purposes of receiving and disbursing funds
transferred to the grant fund by the county.
(f) The expenses of administering the grant fund shall be paid
from money in the grant fund.
(g) Funds remaining in the grant fund at the end of a state fiscal
year do not revert to the state general fund.
Sec. 7. (a) Subject to the available balance in the general
account of the grant fund, the office of the secretary shall, on the
first day of each month:
(1) transfer from the general account of the grant fund to a
county's county match account in the grant fund one dollar
($1) for every one dollar ($1) deposited by the county in the
ES 463—LS 7491/DI 119 19
county's county match account in the immediately preceding
month; and
(2) after making the transfer under subdivision (1), disburse
the money in the county's county match account to the county.
(b) A county that requests a matching grant through the
program shall, as a condition of receiving the matching grant,
enter into a memorandum of understanding with the office of the
secretary that prescribes the purposes for which the county may
use matching grants received by the county.
(c) A county may accept private funds for deposit in the county's
county match account. The office of the secretary shall not include
private funds deposited by a county in the county's county match
account in the calculation of the amount transferred by the office
of the secretary to the county's county match account under
subsection (a).
Sec. 8. Not later than March 1 of each year, a county that
received one (1) or more matching grants in the immediately
preceding calendar year shall submit a report to the office of the
secretary that includes:
(1) an accounting of the purposes for which the county used
the matching grants received by the county in the immediately
preceding calendar year;
(2) a proposed plan for the county's use of future matching
grants received by the county; and
(3) any additional information required by the office of the
secretary.
Sec. 9. If the office of the secretary determines that a county is
not complying with the memorandum of understanding entered
into by the county under this chapter, the office of the secretary
shall:
(1) provide written notice to the county that:
(A) the office of the secretary has determined that the
county is not in compliance with the county's
memorandum of understanding; and
(B) the county must demonstrate that it is in compliance
with the memorandum of understanding not later than
thirty (30) days after the date of the notice; and
(2) suspend matching grants to the county if the county does
not demonstrate to the office of the secretary that the county
is in compliance with the memorandum of understanding not
later than thirty (30) days after the date of the notice.
Sec. 10. Not later than July 1, 2026, and July 1 of each year
ES 463—LS 7491/DI 119 20
thereafter, the office of the secretary shall submit a report to the
legislative council that provides the following information
regarding the program for the preceding calendar year:
(1) The counties that participated in the program.
(2) The counties that received matching grants, and the total
amount of the matching grants received by each county.
(3) A summary of the assistance other than matching grants
that was provided to counties through the program.
(4) A summary of the purposes for which counties reported
using matching grants under section 8 of this chapter.
(5) The office of the secretary's assessment of the effectiveness
of the program in expanding the availability of child care in
Indiana.
(6) Any changes to the program the office of the secretary
recommends to increase the effectiveness of the program in
expanding the availability of child care in Indiana.
The report must be submitted in an electronic format under
IC 5-14-6.".
Page 7, line 26, delete "Not later than" and insert "Beginning".
Page 7, line 26, delete "shall" and insert "may".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 463 as reprinted February 18, 2025.)
DEVON
Committee Vote: yeas 9, nays 3.
ES 463—LS 7491/DI 119