Affected: IC 12-7-2-28.4; IC 12-17.2-4
Sec. 1. For the purpose of this rule only, 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 who is 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 individual section of this rule.
(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, a nonresidential building where at least one (1) child receives child care from a provider:
(A) while unattended by a parent, legal guardian, or custodian;
(B) for regular compensation; and
(C) for more than four (4) but less that twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.
(13) "Child care health consultant" means a physician, a certified pediatric or family nurse practitioner, or a registered nurse with pediatric or out of home child care experience and shall be 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 that is easily visible and at eye level viewed daily by the parents.
(17) "Consulting resource person" means:
(F) a physical and occupational therapist;
(H) other technical and professional person whose expertise the center utilizes 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 all children in the group are 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 safety.
(24) "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.
(25) "Directly accessible" means accessible without crossing a motor traffic throughway.
(26) "Director" means the person responsible for the operation for 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 integrity of the child.
(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 birth to eight (8) years of age.
(32) "Enrollment" means the list of children registered with the child care center.
(33) "EPA" means Environmental Protection Agency.
(34) "Field trip" means an event or activity that meets the following conditions:
(B) It is conducted on property that is not part of the licensed child care center or their 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.
(35) "Filthy" means heavily soiled, dirty, or other unclean conditions, which present a health or safety hazard to children.
(36) "FPBSC. refers to 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 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.
(39) "Ill child care" means the care of temporarily ill children, twelve (12) months of age or older, that 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 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 who is at least six (6) weeks of age until the child is able to walk consistently unassisted.
(44) "ISDH" means Indiana state department of health.
(45) "Kindergartner" means a child who is age-eligible to be enrolled in private or public kindergarten program.
(46) "Lead caregiver. refers to the caregiver assigned to implement the program for a group of children.
(47) "Learning center" means a defined area, within the class room/area, in which 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 the operation of the child care center.
(49) "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.
(50) "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 this rule by the division.
(51) "Maximum age range" means the maximum difference in age between the youngest and oldest child in any particular group of children.
(52) "Minor injury" means any injury that requires first aid treatment, but does not require medical attention by medical personnel.
(53) "OSHA" means 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 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 7-20-59.
(57) "Preschool children" means children at least three (3) years of age and not yet attending first grade.
(58) "Primary caregiver" means a caregiver is 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 all activities provided for children during their hours of attendance at the child care center.
(60) "Punishment" means the use of 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 the promotion of hygiene and the prevention of disease by maintenance of sanitary environmental conditions and practices.
(63) "sanitizable" means an article, utensil, or equipment that can be easily sanitized because of the material composition.
(64) "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.
(65) "school age children" means children attending first grade or above.
(66) "serious injury" means any injury that requires medical attention by a dentist, physician, emergency room personnel, ambulance attendant, or 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 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 any 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) inches by two and three-fourths (2) inches by one and three-eighths (13/8) 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 any pool used for wading that is twenty-four (24) inches or less in depth that meets the standards of ISDH rule 410 IAC 6-2.1.
(79) "Water" means water meeting the minimum water quality standards of IDEM rule 327 IAC 8-2.
(Division of Family and Children; 470 IAC 3-4.7-1; filed Aug 11, 2003, 3:00 p.m.: 27 IR 116)
(a) All new construction shall have plan releases from both the department of fire and building services (DFBS) and the ISDH prior to construction and licensing.
(b) Child care centers shall fully comply with all the rules of the FPBSC under 675 IAC that apply to child care centers, including, without limitation, rules concerning change of occupancy.
(c) The center shall submit a complete application including all required written documentation.
(d) The center shall submit a written plan for nutrition and food service and two (2) weeks of menus for approval by the division prior to licensure and thereafter as required by this rule.
(e) The center shall submit a written health program form for approval by the division prior to licensure and thereafter as required by this rule.
(f) The building shall pass on-site inspections prior to licensure and license renewals.
(g) The attendance at the child care center shall not at any time exceed the capacity approved by the division.
(h) The child care center may only provide care to children of the age approved by the division and the DFBS.
(i) The child care center shall not operate in an area where conditions exist that could be injurious to the welfare of children.
(j) The child care center shall meet the zoning requirements of their locale.
(Division of Family and Children; 470 IAC 3-4.7-2; filed Aug 11, 2003, 3:00 p.m.: 27 IR 119)
(a) The license is not transferable to another person, organization, or sponsor.
(b) The license is only valid for the address shown on the license.
(c) The center shall post the license in a conspicuous place that parents regularly view.
(d) Only areas licensed and approved by the division may be used by the licensed child care center.
(e) The center must file an application and obtain a new license prior to any of the following:
(2) Changing the age of children served.
(3) Increasing their licensing capacity.
(Division of Family and Children; 470 IAC 3-4.7-3; filed Aug 11, 2003, 3:00 p.m.: 27 IR 119)
Sec. 4. A center shall file an application under any of the following conditions:
(1) Prior to initial licensure.
(2) A minimum of sixty (60) days prior to the expiration of a current license.
(3) When an application for license has been voluntarily withdrawn and the center wishes to reapply.
(4) If more than one (1) year has lapsed since filing the initial application and the child care center has not met sufficient standards to qualify for a provisional license.
(5) There is a change of address of the child care center.
(6) There is a change of name, ownership, or corporate status of the center.
(Division of Family and Children; 470 IAC 3-4.7-4; filed Aug 11, 2003, 3:00 p.m.: 27 IR 119)
(a) When a licensed child care center seeks to change its name or corporate status, the following must occur:
(1) The center must complete a new application reflecting the revised status.
(2) The governing body or its representative must sign and submit the application to the division thirty (30) days prior to the effective date of the changes.
(3) The center must attach amended articles of incorporation.
(b) When a licensed child care center has a change of ownership, the following must occur:
(1) The new owner shall submit a new application reflecting the revised status and any changes in operation.
(2) The owner must provide proof of ownership (bill of sale) within ten (10) days of finalization of the sale.
(3) After receiving the application, the division may grant a six (6) month provisional license to the new owner, in order to give the new owner time to obtain regular licensure.
(Division of Family and Children; 470 IAC 3-4.7-5; filed Aug 11, 2003, 3:00 p.m.: 27 IR 119)
Sec. 6. If a child care center license is revoked or denied, the licensee may reapply for licensure by the division, except when prohibited by court order.
(Division of Family and Children; 470 IAC 3-4.7-6; filed Aug 11, 2003, 3:00 p.m.: 27 IR 120)
Affected: IC 12-17.2-2-3; IC 12-17.2-4
(a) The division may impose civil penalties whenever the following occurs:
(1) The center knowingly operates without a license and the loss of the license or failure to obtain a license was due to the center's inability to meet licensing standards.
(2) The center fails to notify the division of serious occurrences as required by section 12 of this rule or fails to close the center after this notification, if directed by the division.
(3) The center receives a probationary license. The division may impose a fine for each probationary period at the time that the probationary license is issued.
(b) The division will notify the center in writing of a fine including the reason for the civil penalty and the amount of the fine.
(c) The payment by check shall be made out to the division .Child Care Fund. listed in IC 12-17.2-2-3.
(d) Failure to pay a fine may result in suspension or revocation of the child care license.
(Division of Family and Children 470 IAC 3-4.7-7; filed Aug 11, 2003, 3:00 p.m.: 27 IR 120)
(a) Sufficient grounds exist to revoke or deny licensure if an owner or director commits any crime that would require that they be listed in any state or national registry that is intended to protect children from violent and sex offenders.
(b) Sufficient grounds exist to deny employment or to dismiss any employee if the employee commits any crime that would require that they be listed in any state or national registry that is intended to protect children from violent and sex offenders.
(c) If a criminal history check of an owner, director, employee, or volunteer shows that any of the following offenses has occurred, sufficient grounds exist to revoke or deny licensure, deny employment, or dismiss an employee, as applicable:
(2) Adulterating drugs, controlled substances, or preparations.
(3) Aiding or abetting the filing of false claims.
(4) Allowing an establishment to be used for illegal purposes.
(5) Any crime that involves a violent act or a threat of a violent act.
(9) Attempts to commit armed robbery, burglary, or robbery.
(10) Attempts to commit criminal sexual conduct.
(11) Attempts to commit homicide or murder.
(12) Attempts to commit kidnaping.
(16) Child abuse, neglect, or exploitation.
(17) Concealing stolen property.
(18) Criminal sexual conduct in any degree.
(19) Cruelty toward or torture of any animal.
(20) Cruelty toward or torture of any person.
(33) Obtaining property by false pretenses.
(34) Offenses involving narcotics, alcohol, or controlled substances that result in a felony conviction.
(36) Prostitution or related crimes.
(37) Receiving stolen property.
(39) Unlawful manufacture or delivery of drugs or possession with intent to manufacture or deliver drugs.
(d) The center may request a waiver under subsection (c) based on the specific circumstances of the case, but a person shall not be employed by a center or a child care center approved for licensure unless the waiver is granted.
(e) The center shall notify the division immediately of any felony conviction that appears on a criminal history check or is otherwise known by the center.
(f) Any felony listed in subsection (c) is sufficient grounds to revoke or deny licensure and to dismiss any employee. Hiring an employee with felony convictions not listed in subsection (c) will require prior approval of the division.
(g) The division must approve any exceptions made under this section.
(Division of Family and Children; 470 IAC 3-4.7-8 filed Aug 11, 2003, 3:00 p.m.: 27 IR 120)
(a) The division may, at any time, monitor, visit, or inspect the child care center.
(b) The center shall provide the division access to the premises, personnel, children in care, and records.
(c) The center shall provide access to personnel from other state agencies or other persons who provide inspections at the request of the division.
(d) Failure to permit immediate access to the child care center may result in suspension or revocation of the child care license.
(Division of Family and Children; 470 IAC 3-4.7-9; filed Aug 11, 2003, 3:00 p.m.: 27 IR 121)
(a) When conditions arise that make the building unsafe, the center must take immediate action to provide for the safety and well-being of children and staff. Unsafe conditions include, but are not limited to, the following:
(2) Sewage problems as follows:
(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 to the building.
(6) Gas, carbon monoxide, or other noxious gases leak.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(b) All centers shall have a written plan for correcting the conditions listed in subsection (a) and must inform parents when such conditions exist. The child care center may be required to close until the situation is corrected.
(c) The center must report any of the conditions listed in subsection (a) to the division as soon as the children have been removed to safety or sent home.
(d) If closure is necessary for one (1) of the conditions listed in subsection (a), a child care center may not reopen without division approval. This approval will be contingent on one (1) or more of the following:
(1) Inspections and approval of the building by the division or the SFM.
(2) Division receipt of two (2) satisfactory water sample reports twenty-four (24) hours apart for private wells or approval by municipal system.
(3) Other verification of correction of the problem necessitating the closure.
(Division of Family and Children; 470 IAC 3-4.7-10; filed Aug 11, 2003, 3:00 p.m.: 27 IR 121)
(a) The governing body, or others designated to represent the child care center, shall immediately notify the division, in writing, of the following:
(1) Change in the name of licensee.
(2) Change in the name of the child care center.
(3) Change in the location of the child care center prior to relocation.
(4) Change in the number of children to be cared for, if in excess of the number authorized in the license, prior to the acceptance of the additional children.
(5) Change in the ages of children to be cared for, when the change includes the care for children above or below the ages as authorized in the license, prior to the acceptance of the child or children.
(6) Change in the hours of operation, after 6 p.m. and before 6 a.m.
(7) The closing of the child care center operation and the effective date.
(8) Alterations or construction that changes room sizes or adds space to the child care center prior to construction.
(9) Change in the use of rooms, especially regarding infants, toddlers, and twos, unless the room has previously been approved for the particular new use.
(10) Employment of a new director.
(11) Any damage caused by fire or natural disaster that occurs on the premises of the child care center.
(12) Any sign of failure of the septic system or an unsatisfactory water report.
(13) Absence of electricity, heat, or approved water supply to the child care center for longer than one (1) hour.
(14) Any serious child injury, occurring while the child is in the care of child care center caregivers, that requires medical attention by:
(D) an ambulance attendant; or
(E) any other medical personnel; shall be reported on forms provided by the division.
(15) The death of any child that occurred while the child was on the premises of the child care center or while in the care of child care center caregivers.
(16) Any arrest of the director or an employee for either of the following offenses:
(B) A misdemeanor relating to the health and safety of children.
(17) If notice is received of any legal action against the child care center.
(b) Failure to report any of subsection (a) within five (5) calendar days may result in probation, suspension, or revocation of the child care center license.
(Division of Family and Children; 470 IAC 3-4.7-11; filed Aug 11, 2003, 3:00 p.m.: 27 IR 121)
(a) The center shall verbally report immediately to the affected child's parent and to the division any serious occurrences involving any child. These occurrences include, but are not limited to, the following:
(1) Serious injury requiring hospitalization.
(3) Arrest of child care personnel.
(4) Alleged abuse or neglect by child care center personnel.
(5) Fire or natural disaster at the child care center.
(7) A lack of electrical power, water, or sewer.
(8) Unsatisfactory water sample.
(b) Child care center authorities shall confirm verbal reports to the division, in writing, within five (5) days of the occurrence unless otherwise directed by the division. (Division of Family and Children; 470 IAC 3-4.7-12; filed Aug 11, 2003, 3:00 p.m.: 27 IR 122)
(a) The center shall at all times maintain the confidentiality of all information obtained regarding the suspected abuse or neglect of a child.
(b) During the first two (2) weeks of employment, all staff shall receive documented training in recognizing and reporting child abuse and neglect. The director shall update this training annually.
(c) A center shall not employ or utilize the services of a person known by the division and reported to the center as a substantiated perpetrator of child abuse or neglect.
(d) The center shall develop written guidelines for reporting suspected child abuse or neglect and include in staff training.
(e) The director and all staff shall refrain from questioning children and suspected perpetrators beyond gathering information to report the suspected abuse or neglect to child protective services.
(f) Staff shall immediately report suspected child abuse or neglect as follows:
(1) If the alleged abuse or neglect occurred while the child was under the care of the child care center or the center receives a complaint from anyone regarding possible abuse or neglect of a child by a staff member, they or the director must immediately call the institutional abuse hotline or a law enforcement agency and self-report the suspected abuse or neglect. The statewide institutional abuse phone number is 1-800-562-2407.
(2) If the alleged abuse or neglect occurred while the child was not under the care of the child care center, staff shall immediately report suspected abuse or neglect to the county child protective services. The statewide phone number is 1-800-800-5556.
(g) Reporting suspicions to the director or other supervisory personnel does not relieve the individual staff of their responsibility to report directly to child protective services.
(h) The center shall dismiss the employee or volunteer if the child protective services investigation substantiates the abuse or neglect.
(Division of Family and Children; 470 IAC 3-4.7-13; filed Aug 11, 2003, 3:00 p.m.: 27 IR 122)
(a) When staff suspect that a child may have a communicable disease, the director shall notify the child's parent or guardian.
(b) When more than one (1) child in the child care center has been diagnosed with a communicable disease, the center shall take the following action:
(1) The center shall immediately notify all parents of the children and all staff members that have been exposed by posting a notice in a conspicuous place in the child care center or by giving a personal note to each parent and staff member.
(2) The center shall call one (1) or more of the following:
(A) The local health department for consultation.
(B) The division's child care health section.
(C) The child care center's health consultant.
(Division of Family and Children; 470 IAC 3-4.7-14; filed Aug 11, 2003, 3:00 p.m.: 27 IR 123)
(a) The center shall have written personnel policies available to staff at all times.
(b) The center shall establish and maintain a written policy that prohibits smoking on the child care premises.
(c) The center's written personnel policies shall address the following health hazards for child care:
(1) Infectious disease, including, but not limited to, the following:
(F) Pertussis (whooping cough).
(S) Diarrhea caused by escherichia coli (E. coli).
(2) Injuries and noninfectious diseases, including, but not limited to, the following:
(4) Environmental exposures, including, but not limited to, the following:
(B) Formaldehyde (indoor air pollution).
(Division of Family and Children; 470 IAC 3-4.7-15; filed Aug 11, 2003, 3:00 p.m.: 27 IR 123)
Sec. 16. The director shall discuss and give the following information, in writing, to the parent at the time of the child's enrollment:
(1) The name of the persons legally responsible for the child care center.
(2) Description of the program.
(3) Policy regarding children who are left past closing time.
(4) Provisions for emergency medical care.
(5) Provisions for treatment of illness.
(6) Policy regarding visits, field trips, or excursions off the premises.
(7) Policy regarding the child care center's abuse and neglect reporting responsibilities.
(8) Policy regarding the release of a child to an intoxicated or impaired person.
(9) The discipline policies of the center.
(10) A statement that the child will be released only to a parent, legal guardian, or other person authorized by the parent who has proper identification.
(11) A statement that persons bringing or picking up the child shall be responsible to notify a staff member of the child's arrival or departure and that the person shall in some manner sign the child in and out by name and time of arrival and departure.
(12) A statement regarding the necessity of a health examination for the child, including up-to-date immunizations.
(Division of Family and Children; 470 IAC 3-4.7-16; filed Aug 11, 2003, 3:00 p.m.: 27 IR 123)
(a) The center shall provide the parent explicit, documented, formal written reasons for refusal to admit or provide care to a child.
(b) Staff shall require any person picking up a child, and not known by the caregiver, to provide identification.
(c) If a court order exists preventing a particular individual from having contact with a child, the center shall comply with the order. The center shall keep a copy of the court order on file.
(d) If an intoxicated or impaired person insists on removing children from the care of a licensed child care center, the center shall immediately report the incident to the local police agency.
(e) Unscheduled visits by a custodial parent or guardian of a child shall be permitted at any time the child care center is in operation. (Division of Family and Children; 470 IAC 3-4.7-17; filed Aug 11, 2003, 3:00 p.m.: 27 IR 124)
(a) At the time of admission, the center shall obtain, from the parent, information about the child to assist the center in meeting the daily needs of the child.
(b) Caregivers shall have periodic interviews with the parent to assure consistency of child care and mutual awareness of the child's progress, development, and problems.
(c) Caregivers shall inform the parent of any important information regarding their child on the day of occurrence.
(d) Centers shall forward to parents and staff information or handouts provided by the division regarding inclusion, rules, and other child care information.
(Division of Family and Children; 470 IAC 3-4.7-18; filed Aug 11, 2003, 3:00 p.m.: 27 IR 124)
(a) The following items shall be prominently posted in a place regularly viewed by parents:
(2) The name of the director and name of the person in charge in the director's absence.
(3) A child/staff ratio chart.
(C) use or possession of firearms is prohibited unless the person is required to carry a firearm as a condition of their 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.
(b) 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.
(c) Staff shall post by the telephone the name and address of the child care center and a list of emergency telephone numbers as follows:
(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.
(Division of Family and Children; 470 IAC 3-4.7-19; filed Aug 11, 2003, 3:00 p.m.: 27 IR 124)
Sec. 20. The center shall carry the following insurance:
(2) Insurance on any child care center owned or leased vehicle used to transport children while under the care of the center.
(Division of Family and Children; 470 IAC 3-4.7-20; filed Aug 11, 2003, 3:00 p.m.: 27 IR 125)
(a) The director shall be a minimum of twenty-one (21) years of age.
(b) Each child care center must employ a qualified person to carry out the responsibilities of the director.
(c) The director shall meet one (1) of the following minimum education and experience qualifications:
(1) A bachelor of arts or bachelor of science degree from an accredited college or university in early childhood education or elementary education with a kindergarten endorsement and grades of C or better.
(2) Any bachelor of arts or bachelor of science degree from an accredited college or university must include one (1) of the following:
(A) Fifteen (15) credit hours in college level courses with documented content relating to the needs, skills, development, or teaching methods of children six (6) years of age or younger and grades of C or better.
(3) A two (2) year associate's degree in early childhood education from an accredited college or university, with a grade of C or better and a minimum of three (3) years of experience in an early childhood program.
(d) All directors who were employed as a director prior to December 1, 1985, are exempt from the specific educational requirements for this position provided that his or her position continues as a director at that child care center.
(Division of Family and Children; 470 IAC 3-4.7-21; filed Aug 11, 2003, 3:00 p.m.: 27 IR 125)
(a) The director shall work on site during the child care center's scheduled hours of operation a minimum of thirty (30) hours per week or fifty percent (50%) of the total weekly hours of operation, whichever is less. Required training or education away from the child care center may be counted time for this requirement.
(b) The director shall not permit other employment or activities, including teaching responsibilities, to interfere with the operation of the child care center.
(c) The director responsibilities shall include the following:
(1) The general planning and supervision of the developmentally appropriate program.
(2) Orientation of newly employed child caregivers.
(3) Supervision and evaluation of child caregivers.
(4) Ensuring that caregivers receive ongoing training.
(d) The director shall designate a responsible caregiver, at least twenty-one (21) years of age, to be in charge during any absences of the director and include the following:
(1) The director shall post his or her name and the name of the director-designee in a conspicuous place.
(2) The director-designee shall have the following qualifications:
(A) Knowledge of this rule to carry on normal operation of the child care center.
(B) A working understanding of office routine.
(C) Access to child and personnel files.
(D) The ability to communicate with the staff from the various state regulatory agencies.
(E) Training and ability to handle all emergency procedures and routines.
(Division of Family and Children; 470 IAC 3-4.7-22; filed Aug 11, 2003, 3:00 p.m.: 27 IR 125)
(a) An administrator that is not the director may carry out the day-to-day operating responsibilities of child care centers.
(b) The administrator need not meet the education and experience requirements of the director.
(c) The administrator may carry out the following responsibilities:
(2) Purchasing equipment and supplies.
(4) Supervision of maintenance.
(d) If an administrator is not employed, these duties are the responsibility of the director.
(Division of Family and Children; 470 IAC 3-4.7-23; filed Aug 11, 2003, 3:00 p.m.: 27 IR 125)
Sec. 24. All caregivers counted in child/staff 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 shall have passed an equivalency test.
(3) They shall have reading skills to be able to read the following:
(C) First aid and emergency evacuation directives.
(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 prior to December 1, 1985, are exempt from the specific educational requirements for this position provided that his or her position continues as an early childhood professional at that child care center.
(Division of Family and Children; 470 IAC 3-4.7-24; filed Aug 11, 2003, 3:00 p.m.: 27 IR 126)
(a) Lead caregivers shall have a minimum of one (1) of the following:
(2) A bachelor of arts or bachelor of science degree in early childhood education or elementary education with a kindergarten endorsement and grades of C or better from an accredited college or university.
(3) A bachelor of arts or bachelor of science degree from an accredited college or university that includes one (1) of the following:
(A) Fifteen (15) credit hours in college level courses with document content relating to the needs, skills, development, or teaching methods of children six (6) years of age or younger and grades of C or better.
(B) A two (2) year associate's degree in early childhood education from an accredited college or university, with a grade of C or better.
(b) Lead caregivers that do not meet these qualifications shall:
(1) have eight (8) hours additional in-service training per year appropriate to the age group with which the caregiver is working;
(2) enroll in one (1) of the educational programs listed in subsection (a) within one (1) year of becoming a lead caregiver; and
(3) provide documentation showing successful completion of at least six (6) credit hours per year.
(Division of Family and Children; 470 IAC 3-4.7-25; filed Aug 11, 2003, 3:00 p.m.: 27 IR 126)
Sec. 26. Lead caregivers are responsible for the following:
(1) The classroom management for one (1) group of children.
(2) The daily planning for one (1) group of children.
(Division of Family and Children; 470 IAC 3-4.7-26; filed Aug 11, 2003, 3:00 p.m.: 27 IR 126)
(a) Support staff shall complete orientation and ongoing training to carry out their assigned responsibilities.
(b) Support staff are exempt from educational requirements.
(c) When support staff are counted in child/staff ratios, they shall meet all the qualifications of the caregiver.
(Division of Family and Children; 470 IAC 3-4.7-27; filed Aug 11, 2003, 3:00 p.m.: 27 IR 126)
Sec. 28. Substitutes shall meet the minimum caregiver qualifications.
(Division of Family and Children; 470 IAC 3-4.7-28; filed Aug 11, 2003, 3:00 p.m.: 27 IR 126)
Sec. 29. Volunteers may serve in any capacity for which they are qualified, but may not be left alone with a group of children.
(Division of Family and Children; 470 IAC 3-4.7-29; filed Aug 11, 2003, 3:00 p.m.: 27 IR 126)
(a) Centers may count early childhood practicum students under eighteen (18) years of age in child/staff ratios with the following conditions:
(1) They attend a high school early childhood program.
(2) They are seventeen (17) years of age or sixteen (16) years of age if working at their on-site vocational child care center.
(3) They are assigned to a lead caregiver who provides supervision at all times.
(4) They are never left alone with a group of children.
(5) They are not counted in the child/staff ratio of infant or toddler rooms.
(b) Early childhood practicum students from colleges or universities may serve in any capacity for which they are qualified.
(Division of Family and Children; 470 IAC 3-4.7-30; filed Aug 11, 2003, 3:00 p.m.: 27 IR 126)
Sec. 31. Visitors are exempt from all qualification requirements, but may not be left alone with children or be counted in child/staff ratios.
(Division of Family and Children; 470 IAC 3-4.7-31; filed Aug 11, 2003, 3:00 p.m.: 27 IR 127)
(a) Prior to having direct contact with children or food, the following training or information shall be provided to all staff and volunteers according to the specific responsibilities assigned to that particular staff member or volunteer:
(1) The names, ages, and any specific needs of the children for whom the caregiver will be responsible.
(2) The center's policy on confidentiality of children's records.
(3) The center's child discipline policy.
(4) Meal patterns and food handling policies of the center.
(5) Emergency evacuation procedures.
(6) General health policies and procedures, including, but not limited to, the following:
(A) Division-approved hand washing techniques.
(B) Division-approved diapering techniques.
(C) All policies and documentation procedures for dispensing approved medication to children.
(D) Procedures for feeding infants and toddlers, including formula preparation.
(7) Training in universal precautions. A person trained annually in universal precautions shall repeat this training annually for all child care staff and include the following topics:
(A) Blood borne diseases and their transmission, work practice controls, and the use of personal protective equipment as required by the OSHA and ISDH.
(B) Procedures for documenting and handling incidents in which staff are directly exposed to contact with blood.
(8) The health hazards listed in section 15(c) of this rule.
(b) During the first two (2) weeks of employment, all staff and volunteers shall have the following training or information provided according to their individual responsibilities:
(1) Developmentally appropriate practices in the early childhood program.
(2) The goals and philosophy of the center.
(3) Daily schedules, routines, and transition procedures.
(4) Parent communication policies.
(5) Child abuse detection, prevention, and reporting responsibilities (see section 13 of this rule).
(6) Recognizing symptoms of illness.
(7) Cleaning, sanitation, and disinfection procedures.
(8) Special needs inclusion policies.
(9) Training specific to the special needs of children under their care.
(10) The center's confidentiality policy.
(11) All aspects of this rule.
(c) Documentation shall be available at the child care center showing that all applicable orientation topics are covered and the dates of when the training was provided.
(Division of Family and Children; 470 IAC 3-4.7-32; filed Aug 11, 2003, 3:00 p.m.: 27 IR 127)
Sec. 33. All caregivers and other persons counted in child/staff ratios shall have training in basic first aid as follows:
(1) Prior to opening a child care center, at least one (1) caregiver shall have current training or the expiration date shall be no 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 shall include rescue breathing and first aid for choking and shall 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 shall include, but not be limited to, the following:
(5) Written records of current certification of first aid training shall be maintained at the child care center for at least three (3) years.
(Division of Family and Children; 470 IAC 3-4.7-33; filed Aug 11, 2003, 3:00 p.m.: 27 IR 127)
Sec. 34. Staff shall have training in cardiopulmonary resuscitation (CPR) as follows:
(1) At least one (1) caregiver must be trained annually in pediatric CPR shall be present within 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, all infant and toddler caregivers shall be trained annually in infant or pediatric CPR as appropriate.
(3) Training in CPR shall be appropriate to the age of the children for which the child care center is licensed. Training in adult CPR is required if children eight (8) years of age or older are present.
(4) The course shall be based on current guidelines for CPR and emergency cardiac care as published in the Journal of American Medical Association (JAMA).
(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 annual training in CPR shall be maintained at the child care center for three (3) years.
(Division of Family and Children; 470 IAC 3-4.7-34; filed Aug 11, 2003, 3:00 p.m.: 27 IR 128)
(a) In addition to first aid, cardiopulmonary resuscitation (CPR), universal precautions, and life saving certification, all directors and persons counted in child/staff 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:
(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.
(D) Health, nutrition, sanitation, and safety.
(3) Training may include, but is not limited to:
(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 shall require a written summary and shall 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 shall 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 shall contain the following written documentation of all in-service training:
(B) Number of clock hours of training.
(E) Name and credentials of trainer.
(b) 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.
(c) 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).
(Division of Family and Children; 470 IAC 3-4.7-35; filed Aug 11, 2003, 3:00 p.m.: 27 IR 128)
Sec. 36. A written application for admission of each child, signed by the child's parent, shall be on file at the child care center prior to admission and shall include the following:
(1) The child's full name, address, and sex.
(2) The name of parent, address, and telephone number.
(3) The child's date of birth, verified by a copy of the child's birth certificate or other legal proof of age.
(4) Information regarding the child's social, emotional, cognitive, and physical development.
(5) A copy of any relevant court orders that affect the child to be enrolled.
(6) Place of employment and working hours of the parent and the employer's address and telephone number.
(7) The name, address, and telephone number of the child's physician and dentist to call in emergencies.
(8) The name, address, and telephone number of any person, other than the parent, authorized to remove the child from the premises.
(9) The name, address, and telephone number of responsible person who may be called to come for the child in case of illness or other emergency if the parent cannot be reached.
(Division of Family and Children; 470 IAC 3-4.7-36; filed Aug 11, 2003, 3:00 p.m.: 27 IR 128)
Sec. 37. Each child's record shall contain the following consents signed by the parent:
(1) Emergency medical authorization to provide transportation and obtain medical treatment for children when the parent cannot be contacted. This authorization shall also be in the emergency information file.
(2) Written permission to participate in extracurricular activities, whether on or off the child care center premises for children participating in the activity.
(Division of Family and Children; 470 IAC 3-4.7-37; filed Aug 11, 2003, 3:00 p.m.: 27 IR 129)
Sec. 38. Within thirty (30) days of a child's enrollment, the child's health record shall contain the following:
(1) Physical examination verification form with physician's or nurse practitioner's signature dated no earlier than twelve (12) months prior to enrollment date.
(2) Current and complete record of immunization history showing month, day, and year of each immunization.
(Division of Family and Children; 470 IAC 3-4.7-38; filed Aug 11, 2003, 3:00 p.m.: 27 IR