470 IAC 0.1 — ARTICLE 0.1. CURRENT TEMPORARY RULES

CURRENT TEMPORARY RULES

DISCLAIMER

As an aid to legal research, this document provides a list of currently effective temporary rules adopted by state agencies in the manner set forth in IC 4-22-2-37.1 and IC 4-22-2-37.2. While every effort has been made to ensure the accuracy of the list, this list may not provide an exhaustive enumeration of currently effective temporary rules. This list is not intended to be a substitute for traditional legal research. Exclusion of an temporary rule from this list does not affect the validity of the temporary rule. This list does not, itself, establish authority for the adoption of rules.

LSA Document #24-269 20241002-IR-470240269IFA

Interim Final Rule: Temporarily adds, supersedes, and supplements rules at 470 IAC 3 concerning early childhood caregivers.

Effective September 19, 2024.

Expires November 18, 2025.

LSA Document #25-278 20250521-IR-470250278ERA

Provisional Rule: Temporarily supersedes 470 IAC 3-4.8-1 to add conditions that may subject a child care facility to an emergency or a temporary closure order.

Effective May 12, 2025.

Expires November 8, 2025.

LSA Document #25-323 20250827-IR-470250323IFA

Interim Final Rule: Temporarily supersedes and supplements rules concerning early childhood caregivers.

Effective August 15, 2025.

Expires October 14, 2026.

LSA Document #25-468 20251217-IR-470250468IFA

Interim Final Rule: Temporarily supersedes 470 IAC 3-4.8-1 to add to the list of conditions that may subject a child care facility to an emergency or temporary closure order.

Effective December 10, 2025.

Expires February 8, 2027.

Indiana Register 20241002-IR-470240269IFA LSA Document 240269

TITLE 470 DIVISION OF FAMILY RESOURCES

Interim Final Rule

LSA Document #24-269

DIGEST

Temporarily adds, supersedes, and supplements rules at 470 IAC 3 concerning early childhood caregivers. Effective September 19, 2024. Expires November 18, 2025.

HISTORY

Notice of Public Comment Period for Interim Rule published August 14, 2024: 20240814-IR-470240269INA

Regulatory Analysis submitted with Notice of Public Comment Period for Interim Rule: 20240814-IR-470240269RAA

Governor's Approval submitted with Notice of Public Comment Period for Interim Rule: 20240814-IR-470240269GAA

SUMMARY/RESPONSE TO COMMENTS

The Division of Family Resources (DFR) requested public comment on the proposed interim rule from August 14, 2024, through September 13, 2024. DFR received no comments in response to the Notice of Public Comment Period for Interim Rule.

INTERIM RULE

SECTION 1. (a) This SECTION supplements 470 IAC 3-1.1-1.

(b) As used in 470 IAC 3-1.1, "substitute educator" means a person who meets all the requirements for an employee providing care to children, and supports a child care home for a temporary or an extended period when the usual caregiver is unavailable.

SECTION 2. (a) This SECTION supersedes 470 IAC 3-1.1-28.5.

(b) The county office of family and children (COFC) shall send a letter of request to the licensee for an information update, which includes the:

(1) name of the licensee;

(2) name of the caregiver;

(3) address and phone number of the child care home; and

(4) license expiration date.

(c) The COFC shall make an annual visit to the home during normal business hours and complete a limited inspection checklist.

(d) A caregiver shall maintain and make available verification of the following:

(1) Annual Mantoux tuberculin tests or chest x-rays for direct child care providers and each family member over eighteen (18) years of age.

(2) Criminal history checks conducted for direct child care providers, family members, and other individuals over eighteen (18) years of age living in the home.

(3) Conduct a check of the applicant, the applicant's spouse, and any other individuals living in the home to determine whether their name appears on the sex offender registry.

(4) Notification of the local fire department.

(5) Certification of current first aid training and current cardiopulmonary resuscitation certification for direct child care providers.

(6) Water quality tests as required by 470 IAC 3-1.1-47(b).

SECTION 3. (a) This SECTION supersedes 470 IAC 3-1.1-33.5.

(b) Direct child care providers, including volunteers, shall receive training in fire prevention and safety procedures within one (1) week after beginning employment or volunteer work.

(c) Direct child care providers, including volunteers, shall receive training in the following within thirty (30) days after beginning employment or volunteer work:

(1) The child care home inspection checklist.

(2) Confidential treatment of personal information about children in care and their families.

(3) Procedures for preventing, detecting, and reporting suspected child abuse and neglect.

(4) Universal precautions.

(d) Direct child care providers shall complete a first aid course every three (3) years which includes training for the emergency treatment of poisoning, seizures, hemorrhaging, and choking. The course must also include training in artificial respiration. Training must be completed within ninety (90) days after beginning employment or volunteer work.

(e) At least one (1) direct child care provider shall maintain current certification in pediatric cardiopulmonary resuscitation and be on the premises at all times.

SECTION 4. (a) This SECTION supersedes 470 IAC 3-4.5-1.

(b) For purposes of 470 IAC 3-4.5, the following definitions apply:

(1) "Applicant" means the person who is a religious organization's local executive officer, such as the president of the board of directors, board chairperson, head of the governing body. Regardless of who is in charge of the daily program, the day care ministry shall be under the jurisdiction and management of the religious organization.

(2) "Certificate of notice" means a document issued to the operator of a registered day care ministry that is in compliance with this rule.

(3) "Registered day care ministry" means day care provided as an extension of a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code, unlicensed but registered with the department of health and state fire marshal's office.

(4) "Facility" means an unlicensed but registered day care ministry.

(5) "Food" means any raw, cooked, or processed edible substance, ice, beverage, drink, or ingredients used or intended for use, in whole or in part, for human consumption.

(6) "Food equipment" means:

(A) stoves;

(B) ovens;

(C) ranges;

(D) hoods;

(E) slicers;

(F) mixers;

(G) meatblocks;

(H) tables;

(I) counters;

(J) refrigerators;

(K) sinks;

(L) dishwashing machines;

(M) steam tables; and

(N) items similar to those listed in clauses (A) through (M), other than utensils;

used in operating a kitchen.

(7) "Potentially hazardous food" means any food that consists, in whole or in part, of:

(A) milk or milk products;

(B) eggs;

(C) meat;

(D) poultry;

(E) fish;

(F) shellfish;

(G) edible crustacea; or

(H) other ingredients, including synthetic ingredients;

in a form capable of supporting growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor free shell eggs or foods that have a pH level of 4.6 or below, or a water activity value of not more than eighty-five hundredths (0.85).

(8) "Sanitization" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.

(9) "Single-service articles" means:

(A) cups;

(B) containers;

(C) lids;

(D) closures;

(E) plates;

(F) knives;

(G) forks;

(H) spoons;

(I) stirrers;

(J) paddles;

(K) straws;

(L) napkins;

(M) wrapping materials;

(N) toothpicks; and

(O) articles similar to those listed in clauses (A) through (N);

intended for one (1) time, one (1) person use and then to be discarded.

(10) "IDOH" means the Indiana department of health.

(11) "Substitute educator" means a person who meets all the requirements for an employee providing care to children, and supports a registered day care ministry for a temporary or an extended period when the usual caregiver is unavailable.

(12) "Utensils" means any implement used to store, prepare, transport, or serve food.

SECTION 5. (a) This SECTION supersedes 470 IAC 3-4.7-1.

(b) For purposes of 470 IAC 3-4.7, the following definitions apply:

(1) "Accredited college or university" means accreditation by accrediting agencies and associations recognized by the United States Secretary of Education.

(2) "Additional portion of food" means one (1) extra helping of food.

(3) "Administrator" means the person responsible for personnel, purchasing, fiscal, and maintenance of the child care center.

(4) "Admission" means the process of entering a child in a child care center. The date of admission is the first day the child is actually present at the center.

(5) "Age appropriate" means designed for the particular age of child served.

(6) "Attendance" means children present in the child care center at any given time.

(7) "Capacity determination" means the division will determine maximum capacity based on square footage by adding the capacities of the individual rooms/areas. The division compares the square footage capacity with the capacity based on the number of toilets and sinks. The lesser of these two (2) capacities determines the maximum capacity of the center. Capacity for fire and building issues may be different.

(8) "Caregiver" means the early childhood professional who is a qualified staff person providing direct care and education to children.

(9) "CDA" refers to the Child Development Associate credential issued by the Council for Early Childhood Professional Recognition.

(10) "Center" refers to the person or persons in the child care center designated by the licensee to be responsible for following each section of 470 IAC 3-4.7.

(11) "Child" means a person less than thirteen (13) years of age.

(12) "Child care center" has the meaning set forth in IC 12-7-2-28.4.

(13) "Child care health consultant" means a:

(A) physician;

(B) certified pediatric or family nurse practitioner; or

(C) a registered nurse with pediatric or out of home child care experience;

who is knowledgeable about out of home child care, community child care licensing requirements, and available health resources.

(14) "Child/staff ratio" means the number of children supervised by one (1) qualified staff person.

(15) "Class room/area" means the room or area within a room occupied by a group of children and caregivers on a regular basis throughout the day.

(16) "Conspicuous place" means a place easily visible and at eye level, viewed daily by the parents.

(17) "Consulting resource person" means:

(A) a physician;

(B) a nurse;

(C) a psychologist;

(D) a social worker;

(E) a speech therapist;

(F) a physical and occupational therapist;

(G) an educator; or

(H) any other technical and professional person whose expertise the center uses in providing specialized services to children.

(18) "Contamination" means to soil or infect by any form of contact.

(19) "Continuity of care" means the center maintains a primary caregiving relationship over a period of years. Infants and their primary caregivers stay together until each child in the group is at least thirty (30) months of age.

(20) "Corporal punishment" means any kind of punishment inflicted on a child's body.

(21) "Criminal history check" means an Indiana state police search and report of criminal records on forms provided by that agency.

(22) "Developmentally appropriate" means a program planned and carried out that takes into account the level of physical, social, emotional, and intellectual development of a child.

(23) "DFBS" means the department of fire and building services.

(24) "Direct supervision" means that qualified caregivers:

(A) have all children in sight;

(B) are alert to problems that may occur; and

(C) are taking an active supervisory role with the children.

(25) "Directly accessible" means accessible without crossing a motor traffic throughway.

(26) "Director" means the person responsible for operating the child care center at all times.

(27) "Discipline" means the ongoing process of helping children to develop self-control for self-management while protecting and maintaining the child's integrity.

(28) "Division" refers to the division of family and children.

(29) "Documentation" means written records or copies of documents kept in files at the child care center.

(30) "Early childhood professional" means the qualified caregiver providing direct supervision to children.

(31) "Early childhood program" means a program of activities provided for children ages from birth through eight (8) years of age.

(32) "Enrollment" means the list of children registered with the child care center.

(33) "EPA" means the Environmental Protection Agency.

(34) "Field trip" means an event or activity that meets the following conditions:

(A) The center sponsors the field trip.

(B) The field trip is conducted on property that is not part of the licensed child care center or its safely enclosed playground.

(C) Children enrolled in the child care center participate in the field trip.

(D) Child care center caregivers supervise the children.

(E) The field trip takes place during the child care center's regular hours of operation.

(35) "Filthy" means heavily soiled, dirty, or other unclean conditions that present a health or safety hazard to children.

(36) "FPBSC" refers to the fire prevention and building safety commission.

(37) "Group" means a number of children who routinely work, learn, eat, sleep, and play together inside and outside.

(38) "Hand washing" means to cleanse hands and wrists for at least twenty (20) seconds using soap and warm, running water, which is between one hundred (100) degrees Fahrenheit and one hundred twenty (120) degrees Fahrenheit, at a hand sink.

(39) "Ill child care" means the care of temporarily ill children at least twelve (12) months of age who centers must normally exclude. Caregivers care for these children in a part of the child care center specifically approved for ill child care.

(40) "IDEM" means the Indiana department of environmental management.

(41) "Individual education plan" or "IEP" has the meaning set forth in the Individuals with Disabilities in Education Act (20 U.S.C. 1400 et seq.).

(42) "Individual family service plan" or "IFSP" has the meaning set forth in the Individuals with Disabilities in Education Act (20 U.S.C. 1400 et seq.).

(43) "Infant" means a child from at least six (6) weeks of age until the child can walk consistently unassisted.

(44) "IDOH" means the Indiana department of health.

(45) "Kindergartner" means a child who is age-eligible to be enrolled in a private or public kindergarten program.

(46) "Lead caregiver" refers to the caregiver assigned to carry out the program for a group of children.

(47) "Learning center" means a defined area within the class room/area where children may participate in similar or related types of activities.

(48) "License" means the actual completed document issued by the division to the licensee that authorizes operating the child care center.

(49) "Licensed capacity" means the maximum number of children allowed in the child care center at any one (1) time, as stated on the license. This may be different than the fire and building occupant load capacity.

(50) "Licensee" means the individual, agency, organization, corporation, or board of directors that owns or assumes responsibility for the child care center business and is granted a license to operate under 470 IAC 3-4.7 by the division.

(51) "Maximum age range" means the maximum difference in age between the youngest and oldest child in a particular group of children.

(52) "Minor injury" means a injury that requires first aid treatment, but does not require medical attention by medical personnel.

(53) "OSHA" means the Occupational Safety and Health Administration.

(54) "Parent" refers to the person assuming legal responsibility for the care and protection of the child on a twenty-four (24) hour basis, including a guardian or legal custodian.

(55) "Physician" means a person holding an unlimited license to practice medicine.

(56) "Potentially hazardous food" means food that consists, in whole or in part, of:

(A) milk or milk products;

(B) eggs;

(C) meat;

(D) poultry;

(E) fish;

(F) shellfish;

(G) edible crustacea; or

(H) any other ingredients, including synthetic ingredients;

in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of four and six-tenths (4.6) or below or a water activity value of less than eighty-five hundredths (0.85) under standard conditions, or food products in hermetically sealed containers processed to prevent spoilage.

(57) "Preschool children" means children at least three (3) years of age and not yet attending first grade.

(58) "Primary caregiver" means a caregiver assigned to be primarily responsible for meeting the needs of specific children, especially for feeding, diapering, and periods when the child is falling to sleep or awakening.

(59) "Program" means the activities provided for children during their hours of attendance at the child care center.

(60) "Punishment" means using negative consequences to correct unacceptable behavior.

(61) "Room" means an area enclosed on all sides by walls that extend from floor to ceiling.

(62) "Sanitation" means promoting hygiene and preventing disease by maintaining sanitary environmental conditions and practices.

(63) "Sanitizable" means an article, a utensil, or equipment that can be easily sanitized because of its material composition.

(64) "Sanitize" means the effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.

(65) "School age children" means children attending first grade or above.

(66) "Serious injury" means an injury that requires medical attention by:

(A) a dentist;

(B) a physician;

(C) emergency room personnel;

(D) an ambulance attendant; or

(E) any other medical personnel.

(67) "SFM" means the office of the state fire marshal.

(68) "Shock absorbing surface" means ground cover placed under and around equipment designed to absorb a fall.

(69) "Staff" means any person employed by the child care center.

(70) "Sterilized" means to boil infant bottles for at least five (5) minutes, and nipples, collars, and caps at least three (3) minutes, to rid them of microorganisms.

(71) "Substitute educator" means a person who meets all the requirements for an employee providing care to children, and supports a child care center for a temporary or an extended period when the usual caregiver is unavailable.

(72) "Support staff" means service staff, such as cooks, maintenance persons, secretaries, and bus drivers.

(73)"Swimming pool" means a pool used for swimming that is more than twenty-four (24) inches in depth.

(74) "Time out" means an out of group activity for a child with adult supervision.

(75) "Toddler" means a child who is less than thirty (30) months of age and can walk consistently unassisted.

(76) "Unit block" means a solid wood block that comes in many shapes and sizes. The basic unit block is approximately five and one-half (5 1/2) inches by two and three-fourths (2 3/4) inches by one and three-eighths (1 3/8) inches. Other blocks are proportional in length or width to this basic unit.

(77) "Visitor" means a person observing or assisting in the child care center without compensation and for less than eight (8) hours a month.

(78) "Volunteer" means a person working or assisting in the child care center more than eight (8) hours a month who is not paid by the center.

(79) "Wading pool" means a pool used for wading that not more than twenty-four (24) inches in depth and meets the standards under 410 IAC 6-2.1.

(80) "Water" means water meeting the minimum water quality standards under 327 IAC 8-2.

SECTION 6. (a) This SECTION supersedes 470 IAC 3-4.7-24.

(b) A caregiver counted in child/staff ratios shall meet the following qualifications:

(1) Be at least eighteen (18) years of age.

(2) Have a high school diploma or passed an equivalency test.

(3) Have reading skills to be able to read the following:

(A) Emergency information.

(B) Prescription labels.

(C) First aid and emergency evacuation directives.

(D) Menus.

(E) Medical information.

(F) Special dietary information.

(G) Intake information on children.

(4) Have writing skills to be able to document the following:

(A) Accident reports and significant occurrences.

(B) The time and administering of medication.

(C) Diapering and feeding information.

(D) The developmental progress of children.

(5) An early childhood professional employed as a caregiver prior to December 1, 1985, is exempt from the specific educational requirements for this position if they continue as an early childhood professional at that child care center.

(6) If they are between sixteen (16) and seventeen (17) years of age, be counted in child/staff ratios for school age child care rooms if they:

(A) meet CCDF qualified caregiver requirements;

(B) are assigned to a caregiver who:

(i) is at least eighteen (18) years of age;

(ii) meets the qualifications of a caregiver under IC 12-13-5-3; and

(iii) supervises the employee at all times while the employee is supervising at least one (1) child;

(C) are never left alone with a child;

(D) meet the requirements in subdivisions (3) and (4); and

(E) are enrolled in an educational program and working toward a high school diploma or its equivalent.

SECTION 7. (a) This SECTION supersedes 470 IAC 3-4.7-34.

(b) Staff shall have training in cardiopulmonary resuscitation (CPR) as follows:

(1) At least one (1) caregiver shall maintain current certification in pediatric CPR and be present in the licensed area of the child care center during all hours of operation and with children on field trips.

(2) In child care centers licensed for infants or toddlers, the infant and toddler caregivers shall maintain current certification in infant or pediatric CPR as appropriate.

(3) Training in CPR is appropriate to the age of the children for which the child care center is licensed. Training in adult CPR is required if children at least eight (8) years of age are present.

(4) The course is based on current guidelines for CPR and emergency cardiac care as published in the Journal of American Medical Association.

(5) All staff members shall be informed of which employees are trained in CPR and how to obtain the trained employee's assistance in an emergency.

(6) Written records of current certification in CPR are maintained at the child care center for three (3) years.

SECTION 8. (a) This SECTION supersedes 470 IAC 3-4.7-121.

(b) Caregivers shall have had training specifically related to infant and toddler development.

(c) Caregivers shall have means available to communicate with other staff and call for assistance without leaving children unattended.

(d) The director shall assign a primary caregiver for each infant and toddler.

(e) Caregivers shall interact with and address the needs of all children in their room.

(f) The staff person in charge of an infant or a toddler group shall be at least eighteen (18) years of age and:

(1) meet CCDF qualified caregiver training requirements under 470 IAC 3-4.7-35; and

(2) if a caregiver less than twenty-one (21) years of age is left in charge of children less than twenty-four (24) months of age, the parents must be notified by posting a notice in a conspicuous place in or near the classroom where the children receive care.

SECTION 9. (a) This SECTION supersedes 470 IAC 3-18-1.

(b) For purposes of 470 IAC 3-18, the following definitions apply:

(1) "Applicant" means the individual who will receive payment from the CCDF program, or the individual authorized to sign for a corporation, partnership, or sole proprietor's business.

(2) "Approved water source" means a municipal or well water supply with documented annual water quality tests indicating the water is free of coliform bacteria and any other known contaminant that is above safe drinking water standards, or demonstrated compliance with Indiana department of environmental management drinking water standards.

(3) "Caregiver" means an individual assigned by a provider the responsibility of supervising or participating in the daily routine of a specific child in the care of the provider.

(4) "CCDF" means the Child Care and Development Fund program administered under 45 CFR 98.

(5) "Certification" means a provider has demonstrated compliance with the requirements of 470 IAC 3-18.

(6) "Child" means an individual less than eighteen (18) years of age.

(7) "Child care" means a service to families that provides for the health, safety, and supervision of a child's social, emotional, and educational growth while children are in the care of a provider.

(8) "Child care program" means the activities provided for children while they are in the care of the provider.

(9) "CPR" means cardiopulmonary resuscitation.

(10) "Decertification" means a CCDF program provider who is no longer eligible to participate.

(11) "Division" means the division of family and children.

(12) "DOT" means the U.S. Department of Transportation.

(13) "Employee" means an individual who performs services for compensation other than an allowance, stipend, or other support under the federal Foster Grandparent Program.

(14) "Facility" means the location where child care is provided.

(15) "Hazardous materials" are those materials defined as hazardous under the rules of the fire prevention and building safety commission.

(16) "Hot water" means water with a temperature of at least one hundred (100) degrees Fahrenheit.

(17) "Inaccessible" means materials are stored in a remote area of the facility in a location out of a child's reach or kept in locked storage.

(18) "Ineligible provider" means a provider who fails to meet the requirements of 470 IAC 3-18.

(19) "Legally licensed exempt" means a child care program that can operate legally without obtaining a license or registration under IC 12-17.2.

(20) "Poisons" means any material labeled harmful or fatal if swallowed and any prescription or nonprescription medication.

(21) "Provider" means an individual who provides child care services and is directly paid for providing child care under the federal CCDF voucher program administered under 45 CFR 98 and 45 CFR 99, regardless of whether the child care facility is licensed or registered.

(22) "Related" means a relationship to an individual less than eighteen (18) years of age by marriage, blood, or adoption, including:

(A) parents;

(B) grandparents;

(C) brothers;

(D) sisters;

(E) stepparents;

(F) stepgrandparents;

(G) stepsisters;

(H) stepbrothers;

(I) uncles;

(J) aunts; and

(K) first cousins.

(23) "Substitute educator" means a person who meets all the requirements for an employee providing care to children, and supports a child care program for a temporary or an extended period when the usual caregiver is unavailable.

(24) "Temporary eligibility" means the provider eligibility period not to exceed forty-five (45) days.

(25) "Valid expiration date" means a fire extinguisher that has been recharged in the previous twelve (12) months, or a single use extinguisher purchased in the previous twenty-four (24) months.

(26) "Verifying agency" means the state, an agency of the state, or any other entity designated by the state to verify compliance with minimum standards of 470 IAC 3-18.

(27) "Volunteer" means an individual who, without compensation, provides services to a provider regardless of whether the facility is licensed or registered.

(28) "Volunteer caregiver" means an individual who provides or participates in the child care of a specific child without compensation.

(29) "Voucher agent" means the state, an agency of the state, a person, or an entity that contracts with the division to operate any function of the CCDF program.

(30) "Voucher payment" means payment for child care services through the federal CCDF program administered by the state under 42 U.S.C. 9858 et seq., 45 CFR 98, and 45 CFR 99.

(31) "Voucher program" means the federal CCDF program administered by the state under 42 U.S.C. 9858 et seq., 45 CFR 98, and 45 CFR 99.

(32) "Voucher provider" means a child care provider that has been approved by the division as eligible to receive child care reimbursement through the CCDF program.

SECTION 10. (a) This SECTION supersedes 470 IAC 3-18-7.

(b) Providers, employees, and volunteer caregivers shall maintain current certification in first aid procedures provided by a certified trainer or licensed health professional.

(c) Certified first aid procedures must include the following:

(1) Control of bleeding.

(2) Treatment of shock.

(3) Artificial respiration.

(4) Treatment for poisoning.

(5) Procedures for choking.

(6) Treatment for seizure.

(d) The provider shall ensure that at least one (1) individual is present at all times who maintains current certification in cardiopulmonary resuscitation (CPR) for all age groups of children receiving care. The CPR certification must meet Journal of American Medical Association standards.

SECTION 11. This document expires November 18, 2025.

LSA Document #24-269

Approved by Governor: July 24, 2024

Filed with Publisher: September 19, 2024, 2:22 p.m.

Documents Incorporated by Reference: None Received by Publisher

Indiana Register 20250521-IR-470250278ERA LSA Document 250278

TITLE 470 DIVISION OF FAMILY RESOURCES

Provisional Rule

LSA Document #25-278

DIGEST

EMERGENCY OR TEMPORARY CLOSURE

Temporarily supersedes 470 IAC 3-4.8-1 to add conditions that may subject a child care facility to an emergency or a temporary closure order. Effective May 12, 2025. Expires November 8, 2025.

ADDITIONAL DOCUMENTS

Governor's Approval: 20250521-IR-470250278GAA

Regulatory Analysis: 20250521-IR-470250278RAA

The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Family and Social Services Administration, 402 West Washington Street, Room W451, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Family and Social Services Administration office.

SECTION 1. (a) This SECTION supersedes 470 IAC 3-4.8-1.

(b) The following are the list of conditions that pose an immediate threat to the life or well-being of a child in the care of a childcare provider that may subject a child care center, child care home, or child care ministry to an emergency or a temporary closure order:

(1) Building damage due to:

(A) an earthquake;

(B) flooding or water damage;

(C) a tornado;

(D) severe wind;

(E) an ice storm;

(F) fire;

(G) lead contamination; or

(H) asbestos.

(2) Sewage problems as follows:

(A) Sewage backup.

(B) Toilets cannot be flushed or are overflowing.

(C) Sewage system is not operating properly.

(3) Inadequate or unsafe water supply as follows:

(A) Contaminated water supply.

(B) Water supply not functioning.

(4) No electricity in the building.

(5) Heating system problems.

(6) Gas, carbon monoxide, or other noxious gases leak.

(7) Filthy conditions.

(8) Rodent, roach, or vermin infestation.

(9) Building renovation occurring in a room or an area occupied by children.

(10) Lack of supervision, which results in the death or serious injury of a child.

(11) The presence at a child care center, child care home, or child care ministry of an individual prohibited by statute from being present at a child care center, child care home, or child care ministry based on the results of required background checks or not having the required background checks.

(12) The presence of firearms, ammunition, or other weapons in a place accessible to a child in the care of a child care provider.

(13) The failure to report suspected child abuse or neglect as required by:

(i) IC 31-33-5; or

(ii) 470 IAC 3-4.7-12, 470 IAC 3-4.7-13, or 470 IAC 3-1.1-35, as applicable.

(c) If an employee or agent of the division determines a violation in subsection (a) exists, the division shall:

(1) issue an emergency or another temporary order under IC 4-21.5-4 requiring the child care provider to immediately stop operating the child care center, child care home, or child care ministry; and

(2) contact the parent or guardian of each child enrolled in the child care center, child care home, or child care ministry to inform the parent or guardian:

(A) that the division has issued an order requiring the child care provider to stop operating the child care center, child care home, or childcare ministry; and

(B) the reason for the order to stop operating any of the facilities listed in clause (A).

SECTION 2. This rule expires November 8, 2025.

LSA Document #25-278

Approved by Governor: May 9, 2025

Filed with Publisher: May 12, 2025, 3:04 p.m.

Indiana Register 20250827-IR-470250323IFA LSA Document 250323

TITLE 470 DIVISION OF FAMILY RESOURCES

Interim Final Rule

LSA Document #25-323

DIGEST

EARLY CHILDHOOD CAREGIVERS

Temporarily supersedes and supplements rules concerning early childhood caregivers. Effective August 15, 2025. Expires October 14, 2026.

HISTORY

Notice of Public Comment Period for Interim Rule published July 2, 2025: 20250702-IR-470250323INA

Regulatory Analysis submitted with Notice of Public Comment Period for Interim Rule: 20250702-IR-470250323RAA

Governor's Approval submitted with Notice of Public Comment Period for Interim Rule: 20250702-IR-470250323GAA

SUMMARY/RESPONSE TO COMMENTS

The Division of Family Resources (DFR) requested public comment on the proposed interim rule from July 2, 2025, through August 1, 2025. The comments received and DFR's responses to the comments are summarized as follows:

Ralph Shenefelt, Senior Vice President, Health and Safety Institute (“HSI”)

Comment: HSI suggested amendments to the proposed rule that change the expiration date of current training, make clear that pediatric training is a requirement, and remove requirements surrounding what the training entails.

Response: DFR appreciates these comments, but at this time, the rule is solely being amended on an interim basis in order to comply with SEA 463-2025, and no changes to the proposed rule are necessary.

INTERIM RULE

SECTION 1. (a) This SECTION supersedes 470 IAC 3-4.7-1.

(b) For purposes of this document and 470 IAC 3-4.7, the following definitions apply:

(1) "Accredited college or university" means accreditation by accrediting agencies and associations that are recognized by the United States Secretary of Education.

(2) "Additional portion of food" means one (1) extra helping of food.

(3) "Administrator" means the person responsible for personnel, purchasing, fiscal, and maintenance of the child care center.

(4) "Admission" means the process of entering a child in a child care center. The date of admission is the first day that the child is actually present at the center.

(5) "Age appropriate" means designed for the particular age of child served.

(6) "Attendance" means children present in the child care center at any given time.

(7) "Capacity determination" means the division will determine maximum capacity based on square footage by adding the capacities of the individual rooms/areas. The division compares the square footage capacity with the capacity based on the number of toilets and sinks. The lesser of these two (2) capacities determines the maximum capacity of the center. Capacity for fire and building issues may be different.

(8) "Caregiver" means the early childhood professional that is a qualified staff person providing direct care and education to children.

(9) "CDA" refers to the Child Development Associate credential issued by the Council for Early Childhood Professional Recognition.

(10) "Center" refers to the person or persons in the child care center designated by the licensee to be responsible for following each SECTION of this document and each section of 470 IAC 3-4.7.

(11) "Child" means any person under thirteen (13) years of age.

(12) "Child care center" has the meaning set forth in IC 12-7-2-28.4.

(13) "Child care health consultant" means a physician, certified pediatric or family nurse practitioner, or registered nurse with pediatric or out of home child care experience who is knowledgeable about out of home child care, community child care licensing requirements, and available health resources.

(14) "Class room/area" means the room or area within a room occupied by a group of children and caregivers on a regular basis throughout the day.

(15) "Conspicuous place" means a place that is easily visible and at eye level viewed daily by the parents.

(16) "Consulting resource person" means:

(A) a physician;

(B) a nurse;

(C) a psychologist;

(D) a social worker;

(E) a speech therapist;

(F) a physical and occupational therapist;

(G) an educator; or

(H) other technical and professional person whose expertise the center uses in providing specialized services to children.

(17) "Contamination" means to soil or infect by any form of contact.

(18) "Continuity of care" means the center maintains a primary caregiving relationship over a period of years. Infants and their primary caregivers stay together until all children in the group are at least thirty (30) months of age.

(19) "Corporal punishment" means any kind of punishment inflicted on a child's body.

(20) "Criminal history check" means an Indiana state police search and report of criminal records on forms provided by that agency.

(21) "Developmentally appropriate" means a program planned and carried out that takes into account the level of physical, social, emotional, and intellectual development of a child.

(22) "DFBS" means the department of fire and building services.

(23) "Direct supervision" means that qualified caregivers:

(A) have all children in sight;

(B) are alert to any problems that may occur; and

(C) are taking an active supervisory role with the children.

(24) "Directly accessible" means accessible without crossing a motor traffic throughway.

(25) "Director" means the person responsible for the operation for the child care center at all times.

(26) "Discipline" means the ongoing process of helping children to develop self-control for self-management while protecting and maintaining the integrity of the child.

(27) "Division" refers to the division of family and children.

(28) "Documentation" means written records or copies of documents kept in files at the child care center.

(29) "Early childhood professional" means the qualified caregiver providing direct supervision to children.

(30) "Early childhood program" means a program of activities provided for children ages birth to eight (8) years of age.

(31) "Enrollment" means the list of children registered with the child care center.

(32) "EPA" means the Environmental Protection Agency.

(33) "Field trip" means an event or activity that meets the following conditions:

(A) The center sponsors it.

(B) It is conducted on property that is not part of the licensed child care center or its safely enclosed playground.

(C) Children enrolled in the child care center participate in it.

(D) Child care center caregivers supervise the children.

(E) It occurs during the child care center's regular hours of operation.

(34) "Filthy" means heavily soiled, dirty, or other unclean conditions, which present a health or safety hazard to children.

(35) "FPBSC" refers to the fire prevention and building safety commission.

(36) "Group" has the meaning set forth in IC 12-17.2-4-14.5(e).

(37) "Hand washing" means to cleanse hands and wrists a minimum of twenty (20) seconds using soap and warm, running water (one hundred (100) degrees Fahrenheit through one hundred twenty (120) degrees Fahrenheit) at a hand sink.

(38) "Ill child care" means the care of temporarily ill children, twelve (12) months of age or older, which centers must normally exclude. Caregivers care for these children in a part of the child care center specifically approved for ill child care.

(39) "IDEM" means Indiana department of environmental management.

(40) "Individual education plan" or "IEP" has the meaning set forth in the Individuals with Disabilities in Education Act (20 U.S.C. 1400 et seq.).

(41) "Individual family service plan" or "IFSP" has the meaning set forth in the Individuals with Disabilities in Education Act (20 U.S.C. 1400 et seq.).

(42) "Infant" means a child who is at least six (6) weeks of age until the child is able to walk consistently unassisted.

(43) "IDOH" means the Indiana department of health.

(44) "Kindergartner" means a child who is age-eligible to be enrolled in a private or public kindergarten program.

(45) "Lead caregiver" refers to the caregiver assigned to implement the program for a group of children.

(46) "Learning center" means a defined area, within the class room/area, where children may participate in similar or related types of activities.

(47) "License" means the actual completed document issued by the division to the licensee that authorizes the operation of the child care center.

(48) "Licensed capacity" means the maximum number of children permitted in the child care center at any one (1) time as stated on the license. This may be different than the fire and building occupant load capacity.

(49) "Licensee" means the individual, agency, organization, corporation, or board of directors that actually owns or assumes responsibility for the child care center business and is granted a license to operate under 470 IAC 3-4.7 by the division.

(50) "Maximum age range" means the maximum difference in age between the youngest and oldest child in any particular group of children.

(51) "Minor injury" means any injury that requires first aid treatment, but does not require medical attention by medical personnel.

(52) "OSHA" means the Occupational Safety and Health Administration.

(53) "Parent" refers to the person assuming legal responsibility for the care and protection of the child on a twenty-four (24) hour basis, including a guardian or legal custodian.

(54) "Physician" means a person holding an unlimited license to practice medicine.

(55) "Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms. The term does not include foods that have a pH level of four and six-tenths (4.6) or below or a water activity (aw) value of eighty-five hundredths (0.85) or less under standard conditions or food products in hermetically sealed containers processed to prevent spoilage and as defined in 410 IAC 7-26-58.

(56) "Preschool children" means children at least three (3) years of age and not yet attending first grade.

(57) "Primary caregiver" means a caregiver assigned to be primarily responsible for meeting the needs of specific children, especially for feeding, diapering, and periods when the child is falling to sleep or awakening.

(58) "Program" means all activities provided for children during their hours of attendance at the child care center.

(59) "Punishment" means the use of negative consequences to correct unacceptable behavior.

(60) "Room" means an area enclosed on all sides by walls that extend from floor to ceiling.

(61) "Sanitation" means the promotion of hygiene and prevention of disease by maintenance of sanitary environmental conditions and practices.

(62) "Sanitizable" means an article, a utensil, or equipment that can be easily sanitized because of the material composition.

(63) "Sanitize" means the effective bactericidal treatment by a process that provides adequate accumulative heat or concentration of chemicals for adequate time to reduce the bacterial count, including pathogens, to a safe level on utensils and equipment.

(64) "School age children" means children attending first grade or above.

(65) "Serious injury" means any injury that requires medical attention by a dentist, a physician, emergency room personnel, an ambulance attendant, or any other medical personnel.

(66) "SFM" means the office of the state fire marshal.

(67) "Shock absorbing surface" means ground cover placed under and around equipment designed to absorb a fall.

(68) "Staff" means any person employed by the child care center.

(69) “Staff to child ratio” has the meaning set forth in IC 12-17.2-4-14.5(f).

(70) "Sterilized" means to boil infant bottles a minimum of five (5) minutes, and nipples, collars, and caps a minimum of three (3) minutes to rid them of micro-organisms.

(71) "Support staff" means service staff, such as cooks, maintenance persons, secretaries, and bus drivers.

(72) "Swimming pool" means a pool used for swimming that is more than twenty-four (24) inches in depth.

(73) "Time out" means an out of group activity for a child with adult supervision.

(74) "Toddler" means a child who is less than thirty (30) months of age and is able to walk consistently unassisted.

(75) "Unit block" means a solid wood block that comes in many shapes and sizes. The basic unit block is approximately five and one-half (5 1/2) inches by two and three-fourths (2 3/4) inches by one and three-eighths (1 3/8) inches. All other blocks are proportional in length or width to this basic unit.

(76) "Visitor" means any person observing or assisting in the child care center for no compensation and for less than eight (8) hours per month.

(77) "Volunteer" means a person working or assisting in the child care center more than eight (8) hours per month who is not paid by the center.

(78) "Wading pool" means a pool used for wading that is twenty-four (24) inches or less in depth that meets the standards of 410 IAC 6-2.1.

(79) "Water" means water meeting the minimum water quality standards of 327 IAC 8-2.

SECTION 2. (a) This SECTION supersedes 470 IAC 3-4.7-19.

(b) The following items shall be prominently posted in a place regularly viewed by parents:

(1) The license.

(2) The name of the director and name of the person in charge in the director's absence.

(3) A staff to child ratio chart.

(4) Weekly menus.

(5) Prohibitions against:

(A) smoking;

(B) use of alcohol;

(C) use or possession of firearms, unless required as a condition of employment; and

(D) use or possession of illegal substances or unauthorized potentially toxic substances;

in the child care center.

(6) The telephone number of the division's licensing office.

(c) The center shall post the following items:

(1) Hand washing procedures at each adult sink area.

(2) Diaper changing procedures at each diaper changing area.

(3) A copy of infant feeding plans in each infant room.

(4) Procedures for bottle sterilization, where this occurs.

(5) Fire and emergency disaster routes in each child care room.

(6) Disaster and shelter procedures in each child care room.

(7) Dish washing procedures, where this occurs.

(8) Instructions for mixing and use of sanitizing solutions for cots, tables, toys, dish washing, and diaper changing areas, where the solution is prepared.

(9) Approved first aid directives in each child care area.

(10) Cleaning schedules in all food storage, preparation, and service areas.

(d) Staff shall post by the telephone the name and address of the child care center and a list of emergency telephone numbers as follows:

(1) Fire department.

(2) Police department.

(3) Ambulance.

(4) Nearest hospital.

(5) Poison control.

(6) The county child protective services number, 1 (800) 800-5556.

(7) The institutional abuse hotline number, 1 (800) 562-2407.

(8) The child care information line, 1 (877) 511-1144.

SECTION 3. (a) This SECTION supersedes 470 IAC 3-4.7-24.

(b) All caregivers counted in staff to child ratios shall meet the following qualifications:

(1) They shall be at least eighteen (18) years of age.

(2) They shall have a high school diploma or passed an equivalency test.

(3) They shall have reading skills to be able to read the following:

(A) Emergency information.

(B) Prescription labels.

(C) First aid and emergency evacuation directives.

(D) Menus.

(E) Medical information.

(F) Special dietary information.

(G) Intake information on children.

(4) They shall have writing skills to be able to document the following:

(A) Accident reports and significant occurrences.

(B) The time and administering of medication.

(C) Diapering and feeding information.

(D) The developmental progress of children.

(5) All early childhood professionals who were employed as a caregiver before December 1, 1985, are exempt from the specific educational requirements for this position provided their position continues as an early childhood professional at that child care center.

SECTION 4. (a) This SECTION supersedes 470 IAC 3-4.7-27.

(b) Support staff shall complete orientation and ongoing training to carry out their assigned responsibilities.

(c) Support staff are exempt from educational requirements.

(d) When support staff are counted in staff to child ratios, they shall meet all the qualifications of the caregiver.

SECTION 5. (a) This SECTION supersedes 470 IAC 3-4.7-30.

(b) Centers may count volunteer students who meet the criteria listed in IC 12-17.2-4-14.5(k) in staff to child ratios.

SECTION 6. (a) This SECTION supersedes 470 IAC 3-4.7-31.

(b) Visitors are exempt from all qualification requirements, but may not be left alone with children or counted in staff to child ratios.

SECTION 7. (a) This SECTION supersedes 470 IAC 3-4.7-33.

(b) All caregivers and other persons counted in staff to child ratios shall have training in basic first aid as follows:

(1) Before opening a child care center, at least one (1) caregiver shall have current training, or the expiration date shall be not later than three (3) years from the training date, in the administration of basic first aid and be on duty at all times. Additionally, all infant and toddler staff shall have current training in basic first aid.

(2) Except as stated in subdivision (1), training for all other staff shall be completed within six (6) months of employment and at least every three (3) years thereafter.

(3) Basic first aid training must include rescue breathing and first aid for choking, and be consistent with basic first aid training developed by the American Red Cross or the National Safety Council for First Aid Training Institute.

(4) The offered first aid instruction must include, but not be limited to, the following:

(A) Hemorrhage.

(B) Poisoning.

(C) Choking.

(D) Shock.

(E) Seizures.

(F) Head injuries.

(G) Artificial respiration.

(5) Written records of current certification of first aid training shall be maintained at the child care center for at least three (3) years.

SECTION 8. (a) This SECTION supplements 470 IAC 3-4.7-35.

(b) In addition to first aid, cardiopulmonary resuscitation (CPR), universal precautions, and life saving certification, all directors and persons counted in staff to child ratios shall have, on an annual basis, a minimum of twelve (12) clock hours of in-service training as follows:

(1) The director shall receive training in each of the following categories:

(A) Administrative issues.

(B) Curriculum and developmentally appropriate practices.

(C) Health, nutrition, sanitation, and safety.

(2) Caregivers shall receive training in each of the following categories:

(A) Positive classroom management and discipline.

(B) Developmentally appropriate practices and curriculum.

(C) Child development.

(D) Health, nutrition, sanitation, and safety.

(3) Training may include, but is not limited to:

(A) workshops;

(B) formal education;

(C) videos;

(D) training by consultants; or

(E) educational programs provided for staff by the director or director designated training facilitators.

(4) The documentation of reading of early childhood educational literature requires a written summary and may not count as more than two (2) hours of training per year.

(5) Lead caregivers who do not meet the educational qualifications shall have an additional eight (8) hours of in-service training per year.

(6) Training must be appropriate to the age group with which the caregiver is working.

(7) Caregivers shall measure training on an annual basis. New caregivers shall average one (1) hour of training per month during the first year of service.

(8) Each caregiver's file or a separate staff training file must contain the following written documentation of all in-service training:

(A) Date of training.

(B) Number of clock hours of training.

(C) Type of training.

(D) Content of the training.

(E) Name and credentials of trainer.

(c) Child care centers that have a swimming pool or built-in wading pool shall have at least one (1) person present, whenever the pool is in use, who is trained in age-appropriate CPR, basic water safety, and has a valid Red Cross advanced life saving certificate. Caregivers shall maintain documentation of training in the appropriate person's file at the child care center for three (3) years.

(d) Caregivers in child care centers serving children with special needs shall have orientation and continuing training based on the special needs of the children in their care. If applicable, this training shall be in accordance with the child's IFSP (birth to two (2) years of age) or the child's IEP (three (3) years of age or older).

SECTION 9. (a) This SECTION supersedes 470 IAC 3-4.7-41.

(b) Records, kept at the child care center, must document the following for all current staff, substitutes, and volunteers:

(1) Application for employment.

(2) Qualifications.

(3) A statewide limited criminal history check completed by the Indiana state police.

(4) The name, address, and telephone number of the person, physician, or health facility to be contacted in the event of an emergency.

(5) An annual written evaluation of the employee's performance.

(6) Physical examination verification form with the physician's or nurse practitioner's signature, within thirty (30) days of employment, dated not earlier than twelve (12) months before the date of hire.

(7) Verification that staff is free of tuberculosis within thirty (30) days of employment and annually thereafter.

(8) In-service training.

(9) Dates of employment.

(c) Volunteers and support staff are exempt from documentation of qualifications, evaluations, and in-service training requirements. Volunteers who are counted in the staff to child ratio must meet all staff requirements.

SECTION 10. (a) This SECTION supersedes 470 IAC 3-4.7-47.

(b) Directors shall prominently post the following staff to child ratio chart in each class area of the child care center and in the area where parents sign children in on a daily basis:

SECTION 11. (a) This SECTION supersedes 470 IAC 3-4.7-48.

(b) Staff to child ratios shall be maintained during all hours of operation.

(c) When there is a combination of ages within a group of children, caregivers shall determine the ratio required by the age of the youngest child in the group. This includes opening and closing times.

(d) When determining the staff to child ratios, count only persons who are responsible for and directly engaged in supervising and implementing activities for children.

(e) Persons in the child care center with multiple roles, such as teacher/cook, teacher/director, or teacher/receptionist, shall be counted in staff to child ratios only while directly engaged with children.

(f) All children shall be under the direct supervision of a responsible caregiver at all times.

(g) Centers shall have a written policy that describes the steps caregivers shall take to correct inadequate ratios. Caregivers shall be aware of this policy.

(h) Caregivers shall promptly notify the director when ratios become deficient.

(i) The director or person in charge shall correct staff to child ratios immediately.

(j) Children of the director and staff members shall be counted in staff to child ratios and assigned to their appropriate age group.

(k) The center shall have at least two (2) adults present during all hours of operation.

(l) The center shall make arrangements so that if only one (1) adult is supervising a group of children, that adult has means available to communicate with other caregivers and summon assistance without leaving children unattended.

(m) The assignment of administrative, maintenance, and housekeeping duties shall not interfere with the direct supervision of children.

(n) The center shall make every effort to have substitutes visit the child care center to become generally familiar with the children and program in advance of the time they may be called to substitute.

SECTION 12. (a) This SECTION supersedes 470 IAC 3-4.7-49.

(b) Age grouping policies apply at all times except as in subsection (f).

(c) When mixing age groups, younger children shall be protected from aggressive older children.

(d) Caregivers may care for preschool children in the same group or area.

(e) Centers may group children thirty (30) to thirty-six (36) months of age with children three (3) years of age.

(f) Caregivers may group children three (3) years of age through school age together during the first and last hour of the child care center's operation provided the group size does not exceed the maximum group size for the youngest children in the group.

(g) Caregivers shall care for school age children in a clearly defined separate room/area. When mixing age groups, the group may not be larger than the square foot capacity of the room.

(h) The maximum number of children per class is also determined by available space.

(i) Centers licensed before the effective date of this document may elect to have a maximum group size for children two (2) years of age of fifteen (15), provided they use the same room.

(j) Kindergarten age children may be mixed with either preschool or school age groups.

(k) The maximum group size permitted is subject to the exceptions found in IC 12-17.2-4-14.5(l) and IC 12-17.2-4-14.5(m).

SECTION 13. (a) This SECTION supersedes 470 IAC 3-4.7-52.

(b) For the purpose of maintaining continuity of care, centers may mix children six (6) weeks of age to thirty-six (36) months of age in one (1) classroom under the following conditions:

(1) A staff to child ratio of 1:5 is maintained.

(2) The maximum group size is twelve (12).

(3) Each group shall have not more than three (3) children under twelve (12) months of age.

(4) The center's program, furnishings, and equipment must meet the developmentally appropriate needs of all children in the room.

SECTION 14. (a) This SECTION supersedes 470 IAC 3-4.7-53.

(b) Caregivers shall provide a supervised rest period for children four (4) years of age and under after the noon meal and at any other time if requested by any age child. This does not apply to children in attendance less than four (4) hours per day.

(c) Children of all ages shall not rest or sleep on the floor. Staff shall provide cots for all children that rest as follows:

(1) Cots must be firm, portable, easily sanitized, in good repair, and have the underside of the sleeping surface off the floor.

(2) Staff shall sanitize cots daily after each use. Staff may sanitize cots weekly if the same child uses the same cot each day. If staff sanitize cots weekly, they shall clearly identify assigned cots.

(3) Staff shall space cots at a minimum of two (2) feet apart on all sides, except where they touch a wall or other room divider.

(4) Aisles between cots must be kept clear of all obstructions while the cots are occupied.

(5) Cots may not block exits.

(d) The center shall assure that a cover is provided as follows for each child:

(1) The cover must be clean, individually marked, and maintain comfort and warmth.

(2) The cover shall be washed at least weekly or promptly if soiled.

(3) If different children use the same cover, staff shall wash the cover between uses.

(4) Children's faces and heads shall be free from covering.

(e) The center shall provide individual storage so that one (1) child's cover does not touch the cover of another child.

(f) When resting, children shall lie in such a way that direct face-to-face situations are avoided.

(g) After thirty (30) minutes, caregivers shall provide supervised alternate activities for nonsleeping children.

(h) Caregivers shall permit sleeping children to awaken naturally at their own pace.

(i) During the rest period for children toddler age and older, caregivers may supervise children at fifty percent (50%) of the required staff to child ratio provided:

(1) the required staff to child ratio is maintained on the premises;

(2) required caregivers are immediately accessible; and

(3) a minimum of fifty percent (50%) of the children in the class are asleep.

(j) The fifty percent (50%) reduction in staff to child ratios does not apply to infants.

(k) Caregivers shall supervise sleeping children and never leave them unattended.

(l) Rest areas shall have a minimum average of five (5) foot-candles of light in all areas.

(m) Caregivers shall make rest periods flexible based on discussions with the parent and the child's individual needs.

SECTION 15. (a) This SECTION supersedes 470 IAC 3-4.7-70.

(b) Staff shall maintain a one (1) to three (3) parts per million (ppm) chlorine solution as verified by a pool test kit, or equivalent, in water tables used for water play activities. Staff shall empty the water table daily and clean it with an approved sanitizing solution before being air-dried.

(c) Portable fill and draw pools are prohibited.

(d) When children swim in a permanently constructed private swimming pool, wading pool, or lake owned by the child care center, center staff, relatives, parents, or others, while under the supervision of the child care center staff, the following rules apply:

(1) Pool equipment and chemical storage rooms must be locked and inaccessible to children.

(2) Written parental permission shall be obtained and kept on file before a child participates in a swimming activity.

(3) Each swimming area must have a minimum of two (2) flotation devices.

(4) Staff to child ratios must be twice the number required in 470 IAC 3-4.7. The center may count employed lifeguards in staff to child ratios.

(5) A person having a valid Red Cross advanced life saving certificate shall be on duty at all times when a swimming pool or lake is in use.

(6) At all times, when children are in the water, staff shall directly supervise children with a minimum of one (1) staff person at pool or lake side and another staff person in the water with the children.

(7) All private lakes must have the water tested and approved for swimming.

(e) In addition, permanently constructed swimming or wading pools located on the premises of the child care center must meet the following:

(1) The center shall construct the pool in accordance with FPBSC rules under 675 IAC 20 and maintain it in accordance with ISDH rules under 410 IAC 6-2.1.

(2) The center shall fence in all swimming and wading pool areas and keep the gate locked when the pool is not in use.

(3) The center shall cover or empty swimming pools in the off season.

(f) When children are taken to public pools or lakes while under the supervision of the child care center, the following rules apply:

(1) Written parental permission shall be obtained and kept on file before a child participates in a swimming activity.

(2) Staff to child ratios must be twice the number required in 470 IAC 3-4.7. A center may count one (1) pool or lake lifeguard in the staff to child ratios for the child care center unless pool or lake policies prohibit.

(3) At all times, when children are in the water, staff shall directly supervise children with a minimum of one (1) staff person at pool or lake side and another staff person in the water with the children.

(g) Staff may not permit children to be in hot tubs, spas, or saunas.

SECTION 16. (a) This SECTION supersedes 470 IAC 3-4.7-72.

(b) The following rules apply to all center transportation of children in vehicles owned or leased by the center:

(1) The center shall assume responsibility for a child between the place where the child is picked up and the child care center, and from the time the child leaves the child care center until they are delivered to their parent or the responsible person designated by their parents.

(2) The center shall do the following:

(A) Obtain signed parental permission to transport before providing transportation for a child.

(B) Maintain staff to child ratios when transporting children, except as in clause (C).

(C) When transporting more than twelve (12) children on a school bus or Head Start bus to and from school or home, have at least one (1) qualified caregiver, not including the driver, supervise the children.

(D) License any vehicle operated by the center in accordance with the laws of Indiana.

(E) Carry liability insurance to cover all passengers riding in the vehicle.

(F) Maintain vehicles in safe operating condition.

(G) Keep the vehicle clean and free of obstructions on the floors, seats, and rear window area.

(H) Present documentation that vehicles used in transporting children are appropriately licensed and maintained.

(I) Not transport more children than the manufacturer's rated passenger capacity.

(J) Not permit children to ride in the front seat of any vehicle.

(K) Post a sign in the vehicle stating that this is a smoke free vehicle.

(L) Check that the driver has the proper license from bureau of motor vehicles on at least an annual basis.

(3) Staff shall comply with the following:

(A) Not leave children in any vehicle unattended.

(B) Load and unload children from the curbside of the vehicle.

(C) Not permit children to open and close the vehicle doors.

(D) Lock all passenger doors while the vehicle is in motion.

(E) Have in the vehicle emergency medical authorization for all children and emergency contact numbers for all occupants.

(4) The driver shall comply with the following:

(A) Be at least twenty-one (21) years of age and hold a proper license to operate the vehicle.

(B) Turn the vehicle off when loading or unloading children. This does not apply to regulation school buses.

(C) Seat all children in proper safety restraints to comply with IC 9-19-11 while the vehicle is in motion.

(D) Not have used alcohol within twelve (12) hours before transporting children.

(E) Not use illegal drugs.

(F) Ensure that any prescription drugs will not impair their ability to drive.

(G) Not have any medical conditions that would affect the driver's ability to safely operate the vehicle.

(5) The director or administrator shall require drug testing of employees when illegal drug or alcohol use as in subdivision (4)(D) is suspected.

(6) Vehicle equipment must include the following:

(A) A first aid kit, fire extinguisher, and blanket when transporting children.

(B) One (1) restraint per child.

(C) Door locks.

(7) When transporting a child in a wheelchair, vehicles must accommodate the placement of wheelchairs with tie downs affixed according to the manufacturer's instructions.

SECTION 17. (a) This SECTION supersedes 470 IAC 3-4.7-145.

(b) The center shall keep school age children separated from younger children at all times except as in subsection (d) and SECTION 12(f) of this document.

(c) School age children shall have a clearly defined separate room/area that does not interfere with the care of younger children.

(d) Outdoor play areas may not be used by both preschool and school age children at the same time unless separate, clearly defined play areas are provided.

(e) School age children may choose to interact with children two (2) years of age and preschool children under direct caregiver supervision with the following conditions:

(1) Caregivers shall permit only one (1) school age child per group of children two (2) years of age or preschool children at any given time.

(2) This shall be a voluntary educational experience and not used as a disciplinary measure or to correct staff to child ratios.

(3) Caregivers shall permit only one (1) school age child per group per day.

(4) School age children shall be counted as children when determining the staff to child ratio.

(5) School age children shall not lift a child.

(6) School age children shall not assist in snack or meal times.

(7) School age children shall not assist in rest time.

(8) School age children shall not assist in the supervision of restroom usage or diapering.

(9) School age children shall not be asked to assume responsibility for the care and safety of other children.

SECTION 18. (a) This SECTION supersedes 470 IAC 3-4.7-151.

(b) There must always be at least two (2) caregivers on duty at all times regardless of the staff to child ratio.

(c) Caregivers counted for purposes of meeting staff to child ratio requirements shall be awake at all times.

SECTION 19. This document takes effect on the date and time the Interim Final Rule is accepted for filing with the publisher.

SECTION 20. This document expires four hundred twenty-five (425) days after the publisher accepts the Interim Final Rule for filing.

Indiana Register 20251217-IR-470250468IFA LSA Document 250468

TITLE 470 DIVISION OF FAMILY RESOURCES

Interim Final Rule

LSA Document #25-468

DIGEST

EMERGENCY OR TEMPORARY CLOSURE ORDER

Temporarily adds rules to the list of conditions that may subject a child care facility to an emergency or temporary closure order. Effective December 10, 2025. Expires February 8, 2027.

HISTORY

Notice of Public Comment Period for Interim Rule: 20251001-IR-470250468INA

Regulatory Analysis submitted with Notice of Public Comment Period for Interim Rule: 20251001-IR-470250468RAA

SUMMARY/RESPONSE TO COMMENTS

The Division of Family Resources (DFR) requested public comment on the proposed interim rule from October 1, 2025, through October 31, 2025. DFR received no comments in response to the Notice of Public Comment Period for Interim Rule.

INTERIM RULE

SECTION 1. (a) This SECTION supersedes 470 IAC 3-4.8-1.

(b) The following are the list of conditions that pose an immediate threat to the life or well-being of a child in the care of a child care provider that may subject a child care center, child care home, or child care ministry to an emergency or a temporary closure order:

(1) Building damage due to:

(A) an earthquake;

(B) flooding or water damage;

(C) a tornado;

(D) severe wind;

(E) an ice storm;

(F) fire;

(G) lead contamination; or

(H) asbestos.

(2) Sewage problems, as follows:

(A) Sewage backup.

(B) Toilets cannot be flushed or are overflowing.

(C) Sewage system is not operating properly.

(3) Inadequate or unsafe water supply, as follows:

(A) Contaminated water supply.

(B) Water supply not functioning.

(4) No electricity in the building.

(5) Heating system problems.

(6) Gas, carbon monoxide, or other noxious gas leaks.

(7) Filthy conditions.

(8) Rodent, roach, or vermin infestation.

(9) Building renovation occurring in a room or an area occupied by children.

(10) Lack of supervision, which results in the death or serious injury of a child.

(11) The presence at a child care center, child care home, or child care ministry of an individual prohibited by statute from being present at a child care center, child care home, or child care ministry based on the results of required background checks or for not having the required background checks.

(12) The presence of firearms, ammunition, or other weapons in a place accessible to a child in the care of a child care provider.

(13) The failure to report suspected child abuse or neglect as required by:

(A) IC 31-33-5; or

(B) 470 IAC 3-1.1-35, 470 IAC 3-4.7-12, or 470 IAC 3-4.7-13, as applicable.

(c) If an employee or agent of the division determines a violation in subsection (b) exists, the division shall:

(1) issue an emergency or a temporary order under IC 4-21.5-4 requiring the child care provider to immediately stop operating the child care center, child care home, or child care ministry; and

(2) contact the parent or guardian of each child enrolled in the child care center, child care home, or child care ministry to inform the parent or guardian:

(A) that the division has issued an order requiring the child care provider to stop operating the child care center, child care home, or childcare ministry; and

(B) of the reason for the order to stop operating any of the facilities listed in clause (A).

SECTION 2. This document expires four hundred twenty-five (425) days after the publisher accepts the Interim Final Rule for filing.

LSA Document #25-468

Approved by Governor: September 11, 2025

Filed with Publisher: December 10, 2025, 9:36 a.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Amanda DeRoss, Senior Attorney, Indiana and Family Social Services Administration, 402 West Washington Street, W461, Indianapolis, IN 46207