CHAPTER 3.5. ELIGIBILITY OF CHILD CARE PROVIDER TO RECEIVE REIMBURSEMENT THROUGH VOUCHER PROGRAM
IC 12-17.2-3.5
Chapter 3.5. Eligibility of Child Care Provider to Receive
Reimbursement Through Voucher Program
IC 12-17.2-3.5-1
Applicability of chapter
Sec. 1. (a) This chapter applies to all child care providers
regardless of whether a provider is required to be licensed or
registered under this article. However, a child care provider that is
licensed under IC 12-17.2-4 or IC 12-17.2-5 is considered to be in
compliance with this chapter unless the child care provider is found
to be in violation of this chapter.
(b) If a school age child care program that is:
(1) described in IC 12-17.2-2-8(10); and
(2) located in a school building;
is determined to be in compliance with a requirement of this chapter
by another state regulatory authority, the school age child care
program is considered to be in compliance with the requirement
under this chapter.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003, SEC.8;
P.L.16-2006, SEC.2; P.L.124-2007, SEC.4.
IC 12-17.2-3.5-1.2
"Child care program"
Sec. 1.2. As used in this chapter, "child care program" refers to
the activities provided for children during the time that children are
in the care of a provider.
As added by P.L.18-2003, SEC.9.
IC 12-17.2-3.5-1.3
"Employed"; "employee"; "employment"; "employs"
Sec. 1.3. As used in this chapter, "employed", "employee",
"employment", or "employs" refers to services performed by an
individual for compensation. The terms do not refer to services
performed by an individual who volunteers, including an individual
who provides assistance and receives an allowance, a stipend, or
other support under the federal Foster Grandparent Program (42
U.S.C. 66(II)(B)).
As added by P.L.18-2003, SEC.10.
IC 12-17.2-3.5-1.7
"Volunteer"; "volunteers"
Sec. 1.7. As used in this chapter, "volunteer" or "volunteers"
refers to an individual who, without compensation, provides services
to a provider.
As added by P.L.18-2003, SEC.11.
IC 12-17.2-3.5-2
Repealed
(Repealed by P.L.18-2003, SEC.34.)
IC 12-17.2-3.5-3
"Voucher payment"
Sec. 3. As used in this chapter, "voucher payment" means
payment for child care through the federal Child Care and
Development Fund voucher program administered under 45 CFR 98
and 45 CFR 99.
As added by P.L.247-2001, SEC.3.
IC 12-17.2-3.5-4
Ineligible providers
Sec. 4. A provider who:
(1) has been convicted of a:
(A) felony;
(B) misdemeanor related to the health or safety of a child;
(C) misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(D) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35;
(2) employs or otherwise allows an individual who has been
convicted of a crime specified under subdivision (1) to:
(A) serve as a caregiver to a child in the provider's care; or
(B) reside with the provider, if the provider operates a child
care program in the provider's home; or
(3) fails to meet the requirements set forth in sections 5 through
12.1 of this chapter;
is ineligible to receive a voucher payment.
As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002,
SEC.2; P.L.18-2003, SEC.12.
IC 12-17.2-3.5-4.1
Alleged perpetrators ineligible
Sec. 4.1. (a) This section applies to the following:
(1) A provider, if the provider is an individual.
(2) If a provider operates a child care program in the provider's
home, an individual who resides with the provider and who is
at least eighteen (18) years of age.
(3) An individual who:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where a provider operates a child
care program.
(b) If information used by the division under IC 31-33-17-6(7)
indicates that an individual described in subsection (a) has been
named as an alleged perpetrator, the following are ineligible to
receive a voucher payment:
(1) The individual.
(2) A provider in whose home the individual resides if the
provider operates a child care program in the provider's home.
(3) A provider that:
(A) employs the individual; or
(B) allows the individual to volunteer;
as a caregiver at the facility where the provider operates a child
care program.
As added by P.L.109-2002, SEC.3. Amended by P.L.18-2003,
SEC.13.
IC 12-17.2-3.5-5
Facility requirements
Sec. 5. A provider shall have:
(1) working smoke detectors that meet the standards adopted by
rule for smoke detectors in licensed child care homes; and
(2) hot and cold running water;
in the area of the facility where the provider operates a child care
program.
As added by P.L.247-2001, SEC.3. Amended by P.L.131-2002,
SEC.1; P.L.18-2003, SEC.14.
IC 12-17.2-3.5-5.5
Supervision of children; requirements for safe sleeping practices
training
Sec. 5.5. (a) A provider shall ensure that a child in the provider's
care is continually supervised by a caregiver.
(b) A provider who operates a child care program in the provider's
home (including a child care home licensed under IC 12-17.2-5) and
who receives a voucher payment under this chapter shall complete
the training course provided or approved by the division under
IC 12-17.2-2-1(10) concerning safe sleeping practices.
As added by P.L.18-2003, SEC.15. Amended by P.L.162-2005,
SEC.2.
IC 12-17.2-3.5-6
Tuberculosis screening
Sec. 6. (a) A provider who is an individual shall have an
intradermal tuberculosis test before the provider is eligible for a
voucher payment.
(b) A provider shall assure that an individual who is at least
eighteen (18) years of age and:
(1) who, if the provider operates a child care program in the
provider's home, resides with the provider; or
(2) who:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where the provider operates a child
care program;
has an intradermal tuberculosis test before the individual resides with
the provider or is employed or allowed to volunteer as a caregiver.
(c) A provider shall maintain documentation of an annual health
assessment by a physician reflecting the results of symptom
screening for tuberculosis for:
(1) the provider, if the provider is an individual; and
(2) an individual described in subsection (b);
who has a history of latent or active tuberculosis.
(d) A provider shall provide the results of the tests and screening
required under this section to the division upon request.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003,
SEC.16.
IC 12-17.2-3.5-7
Plans to notify parents
Sec. 7. A provider shall have written plans for notifying parents
regarding the following:
(1) Illness, serious injury, or death of the provider.
(2) Care in an emergency.
(3) Emergency evacuation.
The plan required under subdivision (3) must be posted in a
conspicuous location in the facility where the provider operates a
child care program.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003,
SEC.17.
IC 12-17.2-3.5-8
Certifications required
Sec. 8. (a) At least one (1) adult individual who maintains annual
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) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a facility where a provider operates a child care
program shall maintain current certification in first aid applicable to
all age groups of children cared for by the provider.
As added by P.L.247-2001, SEC.3. Amended by P.L.47-2002, SEC.1;
P.L.18-2003, SEC.18.
IC 12-17.2-3.5-9
Telephones
Sec. 9. A provider shall have at least one (1) working telephone
in each facility where the provider operates a child care program.
As added by P.L.247-2001, SEC.3. Amended by P.L.18-2003,
SEC.19.
IC 12-17.2-3.5-10
Fire safety requirements
Sec. 10. (a) A facility where a provider operates a child care
program must have two (2) exits that:
(1) do not require passage through a:
(A) garage; or
(B) storage area;
where hazardous materials are stored;
(2) are not windows;
(3) are on different sides of the facility;
(4) are not blocked; and
(5) are operable from the inside without the use of a key or any
special knowledge.
(b) A provider shall:
(1) conduct monthly documented fire drills:
(A) in accordance with the rules of the fire prevention and
building safety commission; and
(B) that include complete evacuation of all:
(i) children; and
(ii) adults who provide child care;
in the facility;
(2) maintain documentation of all fire drills conducted during
the immediately preceding twelve (12) month period, including:
(A) the date and time of the fire drill;
(B) the name of the individual who conducted the fire drill;
(C) the weather conditions at the time of the fire drill; and
(D) the amount of time required to fully evacuate the
facility; and
(3) maintain a two and one-half (2 1/2) pound or greater ABC
multiple purpose fire extinguisher:
(A) on each floor of the facility; and
(B) in the kitchen area of the facility;
in each facility where the provider operates a child care program.
As added by P.L.247-2001, SEC.3. Amended by P.L.131-2002,
SEC.2; P.L.18-2003, SEC.20.
IC 12-17.2-3.5-11
Items inaccessible to children
Sec. 11. A provider shall provide for a safe environment by
ensuring that the following items are placed in areas that are
inaccessible to the children in the provider's care:
(1) Firearms and ammunition.
(2) Poisons, chemicals, bleach, and cleaning materials.
As added by P.L.247-2001, SEC.3.
IC 12-17.2-3.5-11.1
Immunizations
Sec. 11.1. (a) After December 31, 2002, a provider shall maintain
and annually update documentation provided by the physician of
each child who is cared for in a facility where the provider operates
a child care program that the child has received complete age
appropriate immunizations, including:
(1) conjugated pneumococcal vaccine; and
(2) varicella vaccine or a demonstrated immunity to varicella.
The state department of health shall determine for each age level the
immunizations that constitute complete age appropriate
immunizations.
(b) A provider meets the requirement of subsection (a) if:
(1) a child's parent:
(A) objects to immunizations for religious reasons; and
(B) provides documentation of the parent's objection;
(2) the child's physician provides documentation of a medical
reason the child should not be immunized; or
(3) the child's physician provides documentation that the child
is currently in the process of receiving complete age appropriate
immunizations;
and the provider maintains and annually updates the documentation
provided by the parent or physician under this subsection.
As added by P.L.121-2002, SEC.1 and P.L.131-2002, SEC.3.
Amended by P.L.18-2003, SEC.21.
IC 12-17.2-3.5-12
Limited criminal histories; temporary eligibility; exceptions
Sec. 12. (a) Except as provided in subsection (f), a provider shall,
at no expense to the state, maintain and make available to the
division upon request a copy of a limited criminal history for:
(1) the provider, if the provider is an individual;
(2) if the provider operates a child care program in the
provider's home, any individual who resides with the provider
and who is:
(A) at least eighteen (18) years of age; or
(B) less than eighteen (18) years of age but has previously
been waived from juvenile court to adult court; and
(3) any individual who:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where the provider operates a child
care program.
A provider shall apply for a limited criminal history for an individual
described in subdivision (3) before the individual is employed or
allowed to volunteer as a caregiver.
(b) In addition to the requirement under subsection (a), a provider
shall report to the division any:
(1) police investigations;
(2) arrests; and
(3) criminal convictions;
not listed on a limited criminal history obtained under subsection (a)
regarding any of the persons listed in subsection (a).
(c) A provider that meets the other eligibility requirements of this
chapter is temporarily eligible to receive voucher payments until the
provider receives the limited criminal history required under
subsection (a) from the state police department if:
(1) the provider:
(A) has applied for the limited criminal history required
under subsection (a); and
(B) obtains a local criminal history for the individuals
described in subsection (a) from each individual's local law
enforcement agency before the individual is employed or
allowed to volunteer as a caregiver; and
(2) the local criminal history does not reveal that an individual
has been convicted of a:
(A) felony;
(B) misdemeanor related to the health or safety of a child;
(C) misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(D) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35.
(d) A provider is ineligible to receive a voucher payment if an
individual for whom a limited criminal history is required under this
section has been convicted of a:
(1) felony;
(2) misdemeanor related to the health or safety of a child;
(3) misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(4) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35;
until the individual is dismissed from employment or volunteer
service at the facility where the provider operates a child care
program or no longer resides with the provider.
(e) A provider shall maintain a written policy requiring an
individual for whom a limited criminal history is required under this
section to report any criminal convictions of the individual to the
provider.
(f) The state police department may not charge a church or
religious society any fees or costs for responding to a request for a
release of a limited criminal history record of a prospective or
current employee or a prospective or current volunteer of a child care
ministry registered under IC 12-17.2-6 if the conditions set forth in
IC 10-13-3-36(f) are met.
As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002,
SEC.4; P.L.18-2003, SEC.22; P.L.6-2004, SEC.1; P.L.142-2006,
SEC.2.
IC 12-17.2-3.5-12.1
Drug testing
Sec. 12.1. (a) A provider shall, at no expense to the state, maintain
and make available to the division upon request a copy of drug
testing results for:
(1) the provider, if the provider is an individual;
(2) if the provider operates a child care program in the
provider's home, any individual who resides with the provider
and who is at least eighteen (18) years of age; and
(3) an individual who:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where the provider operates a child
care program.
The drug testing results for an individual described in subdivision (3)
must be obtained before the individual is employed or allowed to
volunteer as a caregiver.
(b) A provider that is not a child care ministry or a child care
center shall maintain a written policy specifying the following:
(1) That the:
(A) use of:
(i) tobacco;
(ii) alcohol; or
(iii) a potentially toxic substance in a manner other than
the substance's intended purpose; and
(B) use or possession of an illegal substance;
is prohibited in the facility where the provider operates a child
care program when child care is being provided.
(2) That drug testing of individuals who serve as caregivers will
be:
(A) performed based on a protocol established or approved
by the division; and
(B) required if an individual is suspected of noncompliance
with the requirements specified under subdivision (1).
(c) A provider that is a child care ministry or a child care center
shall maintain a written policy specifying the following:
(1) That the:
(A) use of:
(i) tobacco; or
(ii) a potentially toxic substance in a manner other than the
substance's intended purpose; and
(B) use or possession of alcohol or an illegal substance;
is prohibited in the facility where the provider operates a child
care program when child care is being provided.
(2) That drug testing of individuals who serve as caregivers will
be:
(A) performed based on a protocol established or approved
by the division; and
(B) required if an individual is suspected of noncompliance
with the requirements specified under subdivision (1).
(d) If:
(1) the drug testing results obtained under subsection (a), (b), or
(c) indicate the presence of a prohibited substance described in
subsection (b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii),
or (c)(1)(B); or
(2) an individual refuses to submit to a drug test;
the provider is ineligible to receive a voucher payment until the
individual is suspended or terminated from employment or volunteer
service at the facility or no longer resides with the provider.
(e) A provider that suspends an individual described in subsection
(d) shall maintain a written policy providing for reinstatement of the
individual following rehabilitation and drug testing results that are
negative for a prohibited substance described in subsection
(b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii), or (c)(1)(B).
(f) Drug testing results obtained under this section are confidential
and may not be disclosed for any purpose other than the purpose
described in this section.
As added by P.L.109-2002, SEC.5. Amended by P.L.18-2003,
SEC.23; P.L.6-2004, SEC.2; P.L.16-2006, SEC.3.
IC 12-17.2-3.5-13
Local step ahead councils
Sec. 13. A local step ahead council may not require a child care
ministry to meet any minimum standards in addition to the standards
described in this chapter unless the additional standards are approved
by the:
(1) general assembly; or
(2) division.
As added by P.L.247-2001, SEC.3.
IC 12-17.2-3.5-14
Administrative review
Sec. 14. (a) Notice of a determination made under this chapter
must be provided under IC 4-21.5-3-6.
(b) A person affected by a determination made under this chapter
may seek administrative review under IC 4-21.5-3-7.
As added by P.L.109-2002, SEC.6.
IC 12-17.2-3.5-15
Rulemaking
Sec. 15. The division shall adopt rules under IC 4-22-2 to
implement this chapter.
As added by P.L.18-2003, SEC.24.