in-20260902-IR-470260203SNA: CHILD CARE MINISTRIES; SCHOOL AGE CHILD CARE; CCDF PROVIDER ELIGIBILITY

TITLE 470 DIVISION OF FAMILY RESOURCES Notice of Second Public Comment Period LSA Document #26-203 CHILD CARE MINISTRIES; SCHOOL AGE CHILD CARE; CCDF PROVIDER ELIGIBILITY PURPOSE OF NOTICE The Division of Family Resources (DFR) is soliciting public comment on adding, amending, readopting, and repealing rules at 470 IAC 3-4.5, 470 IAC 3-4.6, and 470 IAC 3-18 concerning registered child care ministries, school age child care programs, and the Child Care and Development Fund provider eligibility standards. HISTORY Notice of First Public Comment Period: 20260701-IR-470260203FNA Regulatory Analysis submitted with the Notice of First Public Comment Period: 20260701-IR-470260203RAA Date of First Hearing: August 3, 2026 ADDITIONAL DOCUMENTS Regulatory Analysis: No changes were made to the Regulatory Analysis published with the Notice of First Public Comment Period. Notice of Public Hearing: 20260902-IR-470260203PHA CITATIONS AFFECTED: 470 IAC 3-4.5; 470 IAC 3-4.6; 470 IAC 3-18 AUTHORITY: IC 12-13-5-3; IC 12-17-12-17; IC 12-17-13-9; IC 12-17.2-3.5-15 OVERVIEW Basic Purpose and Background DFR is amending rules to update regulations in line with modern practices and federal requirements, provide clarification, and reduce the regulatory burden on child care providers. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. SUMMARY/RESPONSE TO COMMENTS DFR requested public comment from July 1, 2026, through August 3, 2026, and during the public hearing on August 3, 2026. The comments received and DFR's responses to the comments are summarized as follows: Comments about the fiscal analysis not being accurate - says it excludes ongoing implementation costs such as training, compliance monitoring, administrative oversight etc. Response: The update to this rule package is minimal. OECOSL does not expect extensive training and monitoring with the minimal changes. Comments about the sliding fee scale in 470 IAC 3-4.6-4 being outdated. Response: This rulemaking is limited to IC 12-17-12, the School Age Child Care Project. While this rule package does not include changes to the sliding fee scale, OECOSL will continue to evaluate the scale as part of ongoing co-pay assessment and welcomes provider feedback. Comments about wanting school-based, school age child care providers to be exempted under certain sections. Response: This rulemaking is limited to IC 12-17-12, the School Age Child Care Project. While OECOSL remains committed to reviewing current exemptions, these exemptions are within statutory code and not addressed within this rule package. Comments supporting the updated definition of “supervision,” updates to emergency preparedness, safe sleep practices, and the new language in 470 IAC 3-18-10. Response: OECOSL appreciates the support expressed by commenters. Comments about the form required for allergies and food brought from home. Response: The required form is an agreement with parents that they will provide safe transport of food. This form is intended for safety of the children. The form can be completed at enrollment. Comments about mats and sleeping bags. Response: This rule aligns requirements for licensed child care homes, Legally Licensed Exempt Programs (including homes) and unlicensed registered ministries. The administrative rule sets minimum health and safety standards for child care in Indiana. These standards establish the foundational requirements needed to ensure that children are cared for in safe, healthy environments. Providers may exceed these minimums, and many programs across the state already operate at higher levels of quality. Comments about removing the health screening requirement. Response: The health requirements removed from this rule package related to Mantoux tuberculin testing is no longer required for child care staff. Comments seeking advance notice, updated materials, and implementation support as the amended rules are rolled out. Response: Comprehensive resources and guidance will be made available in the updated licensing interpretive guide to support providers in understanding and implementing the revised requirements. Comments seeking support with understanding change in ministry registration requirements. Response: Comprehensive resources and guidance will be made available in the updated licensing interpretive guide to support providers in understanding and implementing the revised requirements. Comments about diaper-changing surfaces. Response: The administrative rule sets minimum health and safety standards for child care in Indiana. These standards establish the foundational requirements needed to ensure that children are cared for in safe, healthy environments. Changing surfaces must still be sanitized and programs may exceed these minimums. Comments about medication administration, supplements, and melatonin. Response: Currently there are no guidelines for the administration of medication in unlicensed registered ministries. The addition of medication administration sets the minimum safety standard for programs. Comments requesting to keep duplicative requirements in place. Response: OECOSL is removing duplicative language and aligning the rule with Indiana Code. In accordance with IC 4-22-2-19.5(a)(3), rules should not duplicate language found in statute and providers are responsible for ensuring that they follow all requirements applicable to them. Comments suggesting updates to emergency and active shooter protocols. Response: The administrative rule sets minimum health and safety standards for child care in Indiana and aligns with federal requirements. Additional resources will be provided in the guides that are being developed. Comments requesting increased regulation for unlicensed registered ministries. Response: The administrative rule sets minimum health and safety standards for child care in Indiana. These standards establish the foundational requirements needed to ensure that children are cared for in safe, healthy environments. Comments request opportunity to work alongside OECOSL during future rulemaking. Response: OECOSL welcomes representation in future child care workgroups. Comments were received on subjects outside the scope of this rulemaking, to which OECOSL did not respond. Response: The proposed rule does not address the following topics: (1) group sizes; and (2) staff qualifications. These areas fall outside the scope of the current rulemaking. REQUEST FOR PUBLIC COMMENT DFR is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than October 2, 2026. 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. This notice is for the second of two (2) thirty (30) day periods in which the public may comment on the proposed rule. Following this second public comment period, DFR may adopt a version of the proposed rule that is the same as or does not substantially differ from the text of the proposed rule published in this notice. EXPLANATION OF DIFFERENCES IN PROPOSED RULE There are no differences between the proposed rule in this document and the proposed rule published in the Notice of First Public Comment Period. PROPOSED RULE Sec. 1. For purposes of this rule, the following definitions apply: Sec. 2. (a) Application. An application for registration to operate a day child care ministry shall must be submitted annually every two (2) years to the SBH division on forms provided for that purpose by that agency. As part of the application, the applicant shall submit a notarized criminal history affidavit form, together with a statement verifying its exemption from federal income taxation under Section 501 of the Internal Revenue Code. Religious organizations shall submit articles of incorporation. (b) Certificate of Notice. A certificate of notice shall be issued to a facility found to be in compliance with 410 IAC 22-2 during each quarterly inspection. (c) Certificate Validation. A registered day (b) A child care ministry certificate of notice registration is deemed invalid unless the applicant complies with subsection (d) of this section (c) within a reasonable time. (d) Reporting Requirements. (c) It shall be is the responsibility of the applicant to report promptly to the SBH division the following changes or events: (d) A new application is required for the following changes: Sec. 3. (a) Water Supply. Water supplies shall be constructed and operated in accordance with the requirements of 410 IAC 6-5.1-8, excluding 410 IAC 6-5.1-8(f). For the purposes of 410 IAC 22-2, the requirements of 410 IAC 6-5.1-8, excluding 410 IAC 6-5.1-8(f), shall apply to registered day care ministries. (a) The child care ministry shall maintain a safe, sanitary, and potable water supply for all children and staff. (b) The child care ministry shall provide running water in the areas where the child care program operates, including access to water for handwashing and cleaning. (b) Plumbing and Sewage Disposal. (c) All plumbing fixtures shall must discharge into a public sanitary sewer whenever available within a reasonable distance, or when soil conditions prohibit the construction of an adequate on-site system. Any on-site sewage treatment system shall meet the requirements of 410 IAC 6-10 410 IAC 6-10.1. If a discharging sewage treatment system is to be constructed, it shall must meet the requirements of the department of environmental management. New plumbing equipment shall must meet the requirements of the fire prevention and building safety commission (FPBSC) and SBH. the division. Sec. 4. Physical Facilities. The building or parts thereof used for day child care purposes shall must be structurally sound, and shall must at all times be maintained in a clean, safe, and sanitary condition and be in a good state of repair. Sec. 5. (a) Food Service. The kitchen and any other food preparation area shall must be maintained in a clean and sanitary condition, separate from areas used for any other purpose, and shall must be so located that it is not used as a throughway to other rooms or areas. The kitchen shall must not be used for children's activities or naps, a dining or recreational area for adults, or as an office. (b) Food Safety. All foods provided by the facility, for children enrolled in the day child care ministry, shall must be from a food establishment, inspected and approved by a governmental agency. Food items shall must be received at the facility in the original, unopened, undamaged packaging, and shall must be properly protected from damage and potential contamination. Food shall must be free from spoilage, filth, or other contamination, and shall must be safe for human consumption. The temperature of all potentially hazardous food shall must be 45° F. forty-five (45) degrees Fahrenheit or below, or 140° F. one hundred forty (140) degrees Fahrenheit or above, at all times. Frozen food shall must be kept frozen and should be stored at a temperature of 0° F. zero (0) degrees Fahrenheit or below. (c) Refrigerator and Freezers. Enough conveniently located refrigeration facilities shall must be provided to assure ensure the maintenance of potentially hazardous food at required temperatures during storage. Refrigerators and freezers shall must be in good condition, clean, and shall must maintain the proper temperatures. Each compartment of The refrigerator and freezer shall be provided with must each have an accurate thermometer, in good position for daily monitoring. (d) Ranges. Enough conveniently located ranges shall must be provided to assure ensure the maintenance of hot, potentially hazardous food at the required temperatures during storage. Ranges shall must be in good condition, clean, and in proper and safe operating condition. (e) Dishwashing. Any multi-use utensils, tableware, or kitchenware shall must be washed and sanitized between each use. Dishwashing and sanitizing shall must be conducted mechanically in a commercial dishwasher or manually in a three (3) compartment sink, one (1) of these may be a portable sink or container, deep enough to permit total immersion of the articles used by the facility. Drainboards or movable dish tables of adequate size shall must be provided. The manual dishwashing procedure shall consist consists of thoroughly washing multi-use utensils and equipment in a detergent solution in the first compartment of the sink, and rinsing free of such those solutions in the second compartment of the sink. A sink used for dishwashing shall must not be used for handwashing. All eating and drinking utensils and, where required, the food-contact surfaces of all other equipment and utensils, shall must be sanitized in the third compartment by one (1) of the following methods: Cleaned and sanitized equipment and utensils shall must always be air dried, never towel dried. An alternative to dishwashing is the use of sturdy, all disposable, single-service articles and utensils. Reuse of single-service articles and utensils is prohibited. All permanent ware infant feeding bottles and reusable nipples provided by the facility shall must be washed and sanitized by the facility after each use as follows: (f) Storage. Containers and packages of food, cleaned and sanitized utensils, equipment, and single-service articles shall must be stored at least six (6) inches above the floor in a clean, dry location in such a way that protects them from contamination, cleaning compounds, and toxic or hazardous materials. This does not apply to cased food packaged in waterproof containers. (g) Hygiene. A sink used exclusively for handwashing shall must be located in the kitchen and supplied with soap and disposable towels from a dispenser. Persons who prepare, handle, and serve food shall thoroughly wash their hands with soap and water and use disposable towels for drying. Handwashing shall must be done before starting work and as often as necessary to keep them clean. Persons who prepare and handle food shall wear clean, washable garments (aprons or smocks) and effective hair restraints. All food preparation and eating surfaces shall must be sanitized before and after use. Sec. 6. (a) Cots and Cribs. Cots, mats, sleeping bags, and cribs shall must be constructed of sturdy, cleanable material and sanitized after each use. Weekly sanitation of a cot, mat, sleeping bag, or crib is acceptable if the cot, mat, sleeping bag, or crib is used exclusively by the same child each day. Not more than one (1) child may occupy a crib, mat, sleeping bag, or cot at any one (1) time. Linens and coverings shall must be kept clean. (b) Handwashing. Adults and children shall wash their hands after using the toilet and before eating. (c) Ill children shall must be kept separate from others, and all surfaces and items with which a sick child has come in contact with shall must be cleaned and sanitized after each use. Individual belongings shall must be kept separate. (d) Diapers. The diapering process shall must be done on a table, in a clean and sanitary manner. The diaper changing surface shall must be sanitized after each use, and materials used for skin cleansing shall must be discarded after each use into a tightly covered, easily sanitized container. Individuals responsible for diaper changing shall wash their hands after each diaper change. Sec. 7. (a) Caregivers shall give or apply medication only with prior written permission from a parent or legal guardian, and only with clear, written instructions as to the dosage, time, and reason medication is to be given. Medication must be labeled with the child's name, physician's name, and pharmacy. Over-the-counter medication must also be labeled with the child's name. The caregiver shall keep a record of the date, time, and dosage of medication given. Melatonin or other sleep aids must never be used without a parent's written approval, and must be given in accordance with the label. (b) If a court order restricts or prohibits an individual's contact with a child, the child care ministry must fully comply with the order. In the absence of a court order, a parent may not be denied access to their child. Sec. 1. The purpose of 490 IAC 3 this article is to implement the school age child care program, authorized by IC 20-5-61 IC 12-17-12, which offers care to children between five (5) and fifteen (15) years of age for the period of time before or after the school day, or both, during periods when school is not in session, and during periods when school is in session for students who are enrolled in a half-day kindergarten program. Sec. 2. "Board" means the interdepartmental board for the coordination of human service programs. (a) "Child's legal custodian" means the child's parent or custodian as determined by a court of law. (b) "Division" means the division of family resources. (c) "Physical or mental incapacity" of the child's legal custodian is based on the receipt of Social Security disability or supplemental security income as the result of a disability, or the status of being an active vocational rehabilitation client, for the purposes of IC 20-5-61-10(a)(2)(C) IC 12-17-12. (d) "Vocational training" means certified or accredited programs when determining whether a family falls within the priorities as set forth at IC 20-5-61-10(a)(2)(A) IC 12-17-12-12. Sec. 4. (a) In order To provide services under IC 12-17-12, an entity must be: (b) Preference will be given to those providers who operate school-based programs. (c) Service providers must adopt the following sliding fee schedule: Percent of Poverty Level Fee to be Paid, Per Family, Per Unit of Service 0 -100% = No fee 101 - 109% = $ 1 110 - 118% = $ 2 119 - 127% = $ 3 128 - 136% = $ 4 137 - 145% = $ 5 146 - 154% = $ 6 155 - 163% = $ 7 164 - 172% = $ 8 173 - 181% = $ 9 182 - 190% = $10 (d) Children of parents whose incomes exceed one hundred ninety percent (190%) of poverty may also be served in the program. The fee charged for those children may be set by the provider. (e) Service providers must serve clients on a priority of need basis under IC 12-17-12-12. (f) Service providers may make school age child care available from 6:00 a.m. until 7:00 p.m., Monday through Friday, when school is in session, on school holidays, and school vacation days during the regular school year. (g) Under this program, service providers will be reimbursed a specified rate per unit, each unit being defined as the provision of four (4) hours or more of school age child care for one (1) child. One-half (½) of a unit is defined as up to four (4) hours of school age child care for one (1) child. Sec. 6. (a) Providers of school age child care shall meet the standards in this section. (b) Staffing of the school age child care program shall be is as follows: (c) Minimum staff to child ratios shall be are as follows: (d) Emergency health care shall be is as follows: (e) Nutrition requirements shall be are as follows: (f) Physical space requirements shall be are as follows: (g) Each school age child care program shall provide program activities that are appropriate to the various age levels of the children to be served and that meet the developmental needs of each child. (h) When a school age child care program transports children, the program is responsible for the safety of those children. The school age child care program shall do the following: Sec. 7. (a) Every child between five (5) and fifteen (15) years of age is eligible for school age child care. However, the service providers must do the following: (b) Service providers must obtain a declaration of the following: (c) The poverty guidelines issued by the federal Office of Management and Budget shall be used to determine the poverty level to be used in the computation of the sliding fee. (d) The fee required to be paid by each family will be based on gross income received in the thirty (30) day period prior to the date of application. (e) Family income includes the following: Sec. 9. (a) The interdepartmental board for the coordination of human service programs division shall send out proposal packets at least yearly. (b) All proposals which that are completed by potential service providers and returned to the interdepartmental board shall division must be evaluated using the following criteria: Sec. 1. For purposes of this rule, the following definitions apply: Sec. 3. (a) A provider providing care in a residential building must have working smoke detectors that meet the standards adopted by rule for licensed child care homes at 470 IAC 3-1.1-46(l). 470 IAC 3-1.1-46(k). (b) A provider providing care in a nonresidential building must have fire alarm and suppression systems as required by the applicable rule of the fire prevention and building safety commission. Sec. 5. (a) As follows, A facility where a provider operates a child care program must have two (2) exits that meet the requirements of IC 12-17.2-3.5-10 and (b) This section does not apply to a provider's facility where care was being provided and CCDF payments were received prior to June 30, 2002, as long as CCDF health and safety certification has been maintained. Sec. 7. (a) The provider, employee, and volunteer caregivers shall maintain current certification in first aid procedures provided by a certified trainer or licensed health professional. (b) Certified first aid procedures must include the following: (c) The provider shall ensure that at least one (1) individual is present at all times who maintains current certification in CPR for all age groups of children receiving care. The CPR certification must meet training in CPR, in accordance with IC 12-17.2-3.5-8, meets the standards aligned with those of the American Heart Association or the American Red Cross. Sec. 9. (a) The provider shall have at least one (1) working analog landline telephone or a division approved conversion method for a nonanalog landline telephone at all times in the facility when care is being provided. (b) The telephone must be on the premises where care is being provided and accessible to any individual providing care during all operational hours. (c) The provider must supply the verifying agency with the telephone number for the facility. (d) The provider must notify the verifying agency immediately of any changes in the telephone service. (e) The provider must maintain a record of continuous phone service. Sec. 10. (a) A provider shall provide for a safe environment by ensuring that firearms and ammunition are secured in a locked area, by key or combination, where children cannot gain access. (b) A provider shall provide for a safe environment by ensuring that poisons, chemicals, bleach, and cleaning materials are stored in areas that are inaccessible to children. give or apply medication or supplements only with prior written permission from a parent or legal guardian, and only with clear, written instructions as to the dosage, time, and reason medication or supplements are to be given. Medication or supplements must be labeled with the child's name, physician's name, and pharmacy. Over-the-counter medication or supplements must also be labeled with the child's name. The provider shall keep a record of the date, time, and dosage of medication or supplements given. Sec. 10.1. (a) The provider shall ensure that all staff: (b) For children requiring a special diet due to medical or religious reasons, the providers shall serve meals and snacks in accordance with the child's needs and the written instructions of the child's physician. (c) For special diets, the provider may request the parent or guardian to supplement food served by the program. (d) If the parent or guardian provides the food from home, the program must have the parent or guardian sign a “Safe Transportation of Food Responsibility” form, available from the division. Sec. 10.2. (a) The program shall have, in writing, any food or other allergies that a child has, and a written action plan for treating the child if they come into contact with the allergen. (b) When a child with severe allergies is present, providers shall ensure they keep on their person a medical bag containing the child's epinephrine auto-injector, if applicable, when leaving the room where the child is being cared for. (c) Epinephrine auto-injectors must be stored in the room where the child is being cared for and kept inaccessible to children. Sec. 15. (a) The provider shall, at no expense to the verifying agency, provide to the verifying agency a copy of drug testing results for the following: (b) If the test results provided under this section indicate the presence of an illegal controlled substance, the provider is ineligible to receive voucher payments until the individual is suspended or dismissed from employment, no longer cares for children at the facility, or no longer resides with the provider. (c) The provider shall maintain a written policy providing for reinstatement of a suspended individual following rehabilitation and drug testing results that are negative for illegal controlled substances. (d) (a) Drug tests must meet the following criteria: (e) (b) The provider shall perform or submit to a random drug testing program on a protocol established by, or approved by, the division. (f) (c) The division may require the provider to perform additional drug testing. (g) The verifying agency shall keep drug test results confidential and will not use drug test results for any other purpose other than for this rule. Sec. 19. The provider shall maintain the following records and documents at the facility, which shall be made available to the verifying agency upon on request: Sec. 22. (a) The verifying agency shall conduct at least an annual inspection of the facility for any provider applying for participation in the CCDF voucher program. (b) An announced or unannounced inspection shall be conducted any time during the facility's hours of operation. (c) Activities may include on-site inspections, record review, observation, and interviews. (d) The verifying agency shall require that evidence of compliance with this rule be presented in a form and manner specified by this rule. (e) The CCDF program provider shall maintain and make available verification of the following: records required by this rule and documentation that verifies compliance with this rule. (f) Failure of a provider to allow the verifying agency access to their facility may result in a denial or decertification from the CCDF program. Sec. 28. (a) The needs of individual children shall determine the sleeping periods. (b) Staff shall follow the following safe sleep practices at all times for children from birth to twelve (12) months of age: (c) When a child is in a crib, caregivers shall ensure that the crib's SafeReach or SafeAccess sides are closed and latched. Sec. 29. (a) Before being left alone with children, a staff member who cares for infants must take the division-provided training on the prevention of sudden infant death syndrome, shaken baby syndrome, abusive head trauma and child maltreatment, and the use of safe sleep practices, during orientation and annually thereafter. (b) Within ninety (90) days of employment, all staff responsible for caring for children must complete the division-approved orientation training through the state of Indiana learning management system in the following topics: (c) Within ninety (90) days of beginning employment, all caregivers who care for school age children must take the division-approved training on school age child care through the state of Indiana learning management system. Documents Incorporated by Reference: None Received by Publisher