IN.gov - Skip Navigation

Note: This message is displayed if (1) your browser is not standards-compliant or (2) you have you disabled CSS. Read our Policies for more information.

Family and Social Services Administration

Office of Early Childhood and Out of School Learning Home > Laws, Rules & Related Policies Laws, Rules & Related Policies

Laws:

Indiana Code (IC) 12-17.2 establishes the authority for Indiana Family and Social Services Administration, Division of Family Resources to regulate child care in the State. It also authorizes the division to adopt rules to implement the federal Child Care and Development Fund voucher program administered by the Division of Family Resources, Bureau of Child Care for the State. Following are the laws:

For the legal definition of a child care center, child care home, child care ministry, Class I child care home, or Class II child care home as contained in IC 12-7-2, or the definition of a school age child care program as contained in IC 12-17-12-5, please click here .

For information on programs exempt from licensure (IC 12-17.2-2-8), please click here.

Changes to child care laws effective July 1, 2013

Presentations and FAQ for the changes to child care laws effective July 1, 2013

Rules:

The following administrative rules have been promulgated based upon the above laws:

The following rule was promulgated by the Indiana State Department of Health. Licensed child care centers and unlicensed registered child care ministries, whether cooking or vending, must comply with this rule:

Within the child care laws/rules, references may be made to compliance with other agencies' laws/rules (i.e., Indiana State Department of Health; Indiana Department of Environmental Management; State Fire Marshal, now known as Indiana Department of Homeland Security). These laws/rules may be found at http://www.in.gov/legislative/ic_iac/. You may also contact each agency at http://www.in.gov/isdh (Indiana State Department of Health); http://www.in.gov/idem (Indiana Department of Environmental Management); http://www.in.gov/dhs (Indiana Department of Homeland Security).

Interpretative Guidelines:

Related Policies:

Important updates for Registered Ministries on the National Criminal History Checks

Approved List of Anti-scald Valves

No Electricity Policy

ACCEPTABLE CONDITIONS FOR RE-OPENING OF CHILD CARE FACILITIES FOLLOWING FLOOD DAMAGE
Click here for a list of acceptable conditions that must be adhered to in order for a child care facility to re-open following flood damage.

CONTINUOUS SUPERVISION CLARIFICATION
The following letters were approved by E. Mitchell Roob Jr., Secretary of Family and Social Services Administration, and are effective June 3, 2005 to clarify issues around continuous supervision for CCDF Licensed Center, CCDF Licensed Home and CCDF Exempt providers.

UNLICENSED REGISTERED CHILD CARE MINISTRIES:
ANNUAL CHECKS OF CHILD ABUSE & NEGLECT SUBSTANTIATIONS
Unlicensed registered child care ministries were notified by letter dated August 20, 2007, that in accordance with IC 12-17.2-6-14(C), the Bureau of Child Care will begin conducting annual checks of child abuse and neglect substantiations for all applicants (persons signing the ministry application); and on employees and volunteers, who interact with children, at an unlicensed registered child care ministry. These checks will begin October 1, 2007, and will be implemented as ministries apply for new registrations and for registration renewals.

CHILD CARE CENTERS:
ANNUAL CHECKS OF CHILD ABUSE & NEGLECT SUBSTANTIATIONS
Child care centers were notified by letter dated July 20, 2007, that in accordance with IC 12-17.2-4-5(a) and IC 12-17.2-4-32(a), the Bureau of Child Care will begin conducting annual checks of child abuse and neglect substantiations for all applicants, employees and volunteers of child care centers who have direct contact, on a regular and continuous basis, with children. These checks will begin October 1, 2007.

POLICY REVISION AND CLARIFICATION ON SUBSTANTIATED SEXUAL ABUSE IN LICENSED CHILD CARE
Click here for the Bureau of Child Care's policy regarding Child Protective Services substantiated sexual abuse in licensed child care centers and licensed child care homes.

Effective 10-1-06: Important Safe Sleep Policy Information for Licensed Child Care Homes
Public Law 162-2005 requires that all licensed child care homes and all licensed-exempt child care homes receiving CCDF voucher dollars participate in a state approved "Safe Sleep" training. All affected child care home providers were notified by letter that September 30, 2006, was the deadline for completing this training.

Click here for the safe sleep policy update that will affect licensed child care home providers that have not completed the mandatory training by September 30th.

Effective 10-1-06: Important Safe Sleep Policy Information for Legally License Exempt Homes (LLEP) eligible for CCDF voucher payments
Click here for the safe sleep policy update that will affect LLEP home providers who are eligible to receive CCDF payments and have not completed the mandatory training by September 30th.