in-20260603-IR-470260159RAA: Regulatory Analysis — 470 IAC (LSA #260159)

TITLE 470 DIVISION OF FAMILY RESOURCES Regulatory Analysis LSA Document #26-159 Child Care Center Rule and Child Care Emergency or Temporary Closure Rule I. Description of Rule II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule Draft Rule 470 IAC 3-4.7 Child Care Centers Draft rule 470 IAC 3-4.7-1 (General Definitions) - the following definitions have either been amended, repealed, or added as follows: Draft rule 470 IAC 3-4.7-2 (Licensing requirements) outlines the licensing requirements for a child care center in Indiana. The rule is amended to remove the requirement to submit a written plan for nutrition and food service and a written health plan to the division for approval. This change updates practices and reduces the administrative burdens when opening a child care center. A child care center would still be required to offer nutritious foods as outlined in 470 IAC 3-4.7-78 (Meal components) and follow health-related rules around child health requirements found in 470 IAC 3-4.7-86 (Child health requirements), 470 IAC 3-4.7-87 (Ill child procedures), and 470 IAC 3-4.7-88 (Medication). Child care staff will continue to receive training on child health policies and procedures as outlined in 470 IAC 3-4.7-32 (Staff orientation). Draft rule 470 IAC 3-4.7-3 (Child care center license) is amended to remove provisions duplicative of IC 12-17.2-4-12. Draft rule 470 IAC 3-4.7-6 (Revocation or denial of license) is repealed, as the rule's current provisions are duplicative of IC 12-17.2-4-33. Current rule 470 IAC 3-4.7-7 (Civil penalties) is repealed. Draft rule 470 IAC 3-4.7-9.5 (Findings and corrective action plans) is added to outline the process for when a corrective action plan is required and the consequences if the plan is not met. The corrective action plan is a current tool used to ensure compliance. This addition to the rule provides further guidance to clarify the process for child care centers and incorporates current agency practices. Draft rule 470 IAC 3-4.7-10 (Emergency closure of child care center) is amended to reference the Emergency Closure rule (470 IAC 3-4.8) applicable to all licensed or registered child care facilities. Draft rule 470 IAC 3-4.7-11 (Reporting requirements; general) outlines when a child care center should report changes in programming to OECOSL. The rule is amended to change the notification period from immediate to twenty-four (24) hours to allow the program additional time to address the needs of the program before reporting the occurrence. It also removes the requirement to report changes in hours of operation only when they occur after 6 p.m. and before 6 a.m. Programs must now report all changes in hours to ensure regulatory compliance. The proposed rule extends the timeframe for reporting a power or water outage from one hour to two hours, aligning with the proposed change in 470 IAC 3-4.7-12 (Reporting requirements; serious occurrences). Reporting requirements vary in surrounding states from immediate reporting to up to five business days. Serious occurrence reporting varies from 24 hours to 1 hour. Finally, the proposed rule requires notification of a change in designated site director. Previous language required notification of a new director. Updating this language allows an interim director to be named as the program works to hire a new director. Draft rule 470 IAC 3-4.7-12 (Reporting requirements; serious occurrences) is amended to align the reporting timeline with draft rule 470 IAC 3-4.7-11 (Reporting requirements; general). Draft rule 470 IAC 3-4.7-13 (Reporting child abuse or neglect) is amended to allow the director to include refreshed training in yearly staff training. This allows the director to ensure staff receive updated information annually while reducing the need for staff to take full child abuse and neglect training each year. All surrounding states require refreshed training through yearly administrative lead staff training or by repeating the state-provided training annually. Draft rule 470 IAC 3-4.7-14 (Reporting communicable disease) is amended to reduce the need to report communicable diseases to OECOSL and to remove outdated language regarding reporting to health consultants. OECOSL no longer employs a health consultant. Child care centers will still be required to report communicable diseases to the local health department. Draft rule 470 IAC 3-4.7-15 (Personnel policies) is amended to address the staffing policies that programs are required to have in place. Currently, programs must have policies prohibiting smoking, addressing twenty-three (23) specific infectious diseases, staff injuries, stress, and environmental exposures. The proposed rule reduces these required policies to only include prohibiting smoking and generally addressing infectious diseases. This allows programs to create additional policies based on their needs and how they choose to support personnel. Draft rule 470 IAC 3-4.7-16 (Enrollment policies) is amended to remove the requirement for a program to discuss or provide a description of the program during enrollment. This allows programs to provide this information in the manner most appropriate for the families they serve. It also removes the requirement for a late pick-up policy, as this is a business decision that should not be regulated. The addition of a suspension and expulsion policy aligns with 45 CFR 98.41 requirements. Draft rule 470 IAC 3-4.7-17 (Admission, discharge, arrival, and departure policies) is amended to add language clarifying that in the absence of a court order, a parent will not be denied access to their child. Adding this provision reduces confusion regarding when a program can deny a parent access. All surrounding states have similar rules allowing parent access. Michigan explicitly states that without a court order, a parent will not be denied access; other states address this through custody laws. Draft rule 470 IAC 3-4.7-18 (Parent communication) is amended to remove the requirement of periodic interviews with parents and the requirement to share information from the division. This reduces administrative burden and allows programs to create procedures based on their business practices. Draft rule 470 IAC 3-4.7-19 (Posted items) is amended to remove items that can easily be accessed electronically, allowing child care centers to access them through technology. The rule previously required posting items that were not as accessible at the time. With technological advances, these items can be easily accessed without posting. Draft rule 470 IAC 3-4.7-21 (Director qualifications) is amended to reduce educational requirements to allow for more experience-based hiring. Currently, a director must have at least an associate degree with experience. This creates a barrier for prospective child care center owners and those hiring directors. The change would reduce challenges for both current and future child care centers. Comparatively, Illinois requires an associate degree (89 Ill. Adm. Code 407.130); Ohio provides defined credential and training pathways (OAC 5101:2-12-07, Appendix A); Kentucky offers options including a master's or bachelor's degree or Child Development Associate (CDA) plus experience (922 KAR 2:090); and Michigan offers options for an early childhood center administrator including a bachelor's degree or CDA with 980 hours of experience (Mich. Admin. Code R. 400.8204). This proposed change would reduce Indiana's requirements to bring them more in alignment with surrounding states. Draft rule 470 IAC 3-4.7-22 (Director responsibilities) is amended to require a new director be hired within 60 days in the event of a vacancy. Current policy, which all centers are in compliance with, requires a new director to be hired within 30 days. Combined with reduced educational requirements, this will reduce regulatory burden if a director changes. The proposed rule also changes the requirement of how much time the director must spend on site and changes the requirement that the director provide staff orientation to ensuring that it occurs, allowing a designated staff person to deliver training. Finally, it removes the requirement to post the name of the director or director designee in a conspicuous place. This should be a program policy decision and shared with families as the program chooses. Draft rule 470 IAC 3-4.7-24 (Caregiver qualifications) is amended to remove educational requirements to allow experience-based hiring and provide more flexibility. All surrounding states require a high school diploma or GED for assistant caregivers. This proposed rule makes Indiana less stringent than surrounding states. It also removes an exemption from the educational requirements that is no longer needed due to reduced educational requirements. Draft rule 470 IAC 3-4.7-25 (Lead caregiver qualifications) is amended to reduce the educational requirement to a high school diploma or GED. Previously, lead caregivers were required to hold a CDA or have completed college coursework. Surrounding states require a high school diploma or GED plus additional coursework, degrees, or credentials. Requirements associated with the Quality Rating Improvement System (QRIS) Paths to QUALITY will remain the same. This proposed rule makes Indiana's requirements less stringent than surrounding states. Draft rule 470 IAC 3-4.7-26 (Lead caregiver responsibilities) is amended to define the role of a lead caregiver. Additions include clarifying that one lead caregiver is assigned to one group of children. The lead caregiver is responsible for supervision, the classroom environment, daily activity planning, and classroom management. These are current responsibilities; the rule clarifies existing practice. Draft rule 470 IAC 3-4.7-29 (Volunteers) is amended to allow volunteers who meet caregiver requirements to be counted in staff-to-child ratios, providing flexibility in staffing. This aligns with surrounding states that allow volunteers who meet requirements to count in ratio. Draft rule 470 IAC 3-4.7-32 (Staff orientation) is amended to update the requirements of the Office of Child Care and reflects the Reauthorization of the CCDBG as outlined in 45 CFR Part 98.14. This update ensures continued compliance with federal requirements and aligns with Chapter 3.5, Eligibility of Child Care Provider to Receive Reimbursement Through Voucher Program, IC 12-17.2-3.5-8. This regulatory change was introduced to centers in a letter dated May 28, 2015, and went into effect July 1, 2015. Centers are already following these requirements, and the updated rule will not change current procedures. Among bordering states, Ohio requires the lowest number of annual training hours at six hours. Michigan, Kentucky, and Illinois require between 10-16 hours. Draft rule 470 IAC 3-4.7-34 (Cardiopulmonary resuscitation training) is amended to add the requirement of completing training within 90 days of hire (IC 12-17.2-4-2). This aligns with the updated language of Senate Enrolled Act 486 (P.L.26-2025) and current Office of Child Care requirements. Draft rule 470 IAC 3-4.7-35 (In-service staff training) is amended to reflect that certain trainings may be included in the annual 12-hour training requirement, and to remove the requirement that new caregivers have to average one hour of training per month during their first year. The phrase “clock hours” is amended to “hours” to remove unnecessary language. Draft rule 470 IAC 3-4.7-39 (Children's injury records) is amended to reflect the timelines outlined in 470 IAC 3-4.7-12 (Reporting requirements; serious occurrences). Draft rule 470 IAC 3-4.7-41 (Staff, substitutes, and volunteer records) is amended to remove the outdated terminology of “statewide limited criminal history check.” The requirement for a criminal history check still applies through a national criminal history check, but state criminal history checks are no longer required. This rule also removes the requirement for TB testing and removes the requirement for an initial physical examination to reduce cost burden. All bordering states require a medical examination, thus making our regulation less stringent and more cost-effective for child care centers. The medical examination is no longer a requirement of the CCDBG, and the updates align with current federal requirements. Draft rule 470 IAC 3-4.7-42 (Emergency information file) is amended to remove requirements for emergency numbers that can be replaced by dialing 911. The proposed rule also removes requirements for additional contact information beyond an emergency contact number. All surrounding states require that emergency contact and authorization-to-treat documentation be easily accessible and available to be removed from the program as needed in the event of a field trip or emergency. The proposed rule reduces regulation and aligns with surrounding states. Draft rule 470 IAC 3-4.7-45 (Attendance records) is amended to clarify how attendance can be documented and extends the timeframe for maintaining records to 3 years, in alignment with 45 CFR 98.90. This update aligns with the requirements of the CCDBG and aligns Child Care and Development Fund (CCDF) requirements with licensure requirements. Draft rule 470 IAC 3-4.7-47 (Staff to child ratio chart) is amended to reflect the annual ratio publication process outlined under Senate Enrolled Act 463 (P.L.140-2025). Ratios will be updated yearly and posted to the OECOSL website as outlined in IC 12-17.2-4-14.5. The updated rule reduces the need to repromulgate the rule yearly, as ratios may change depending on changes in bordering states. Draft rule 470 IAC 3-4.7-48 (Staff to child ratios and supervision) is amended to remove subsection (l), which refers to assignments of duties outside the care of children that should not interfere with supervision. This statement is repetitive of subsection (e), which states children must be under direct supervision at all times. The proposed rule also removes the requirement that programs make every effort to have substitutes visit the program and become familiar with children prior to substituting. While this is best practice, it is not health- and safety-related and is not always feasible for programs. Of surrounding states, Illinois is the only one that requires pre-duty orientation or visiting the program in advance. Draft rule 470 IAC 3-4.7-49 (Child grouping policies) is amended to allow children to be grouped together during the first two hours and last hour of the day and removes an outdated requirement for maximum group sizes. Draft rule 470 IAC 3-4.7-50 (Grouping of children under 30 months of age) is repealed to remove the thirteen-month age range stipulation in grouping. This allows for mixed-age grouping in alignment with the new ratios posted on the OECOSL website, as referenced in draft rule 470 IAC 3-4.7-47 (Staff to child ratio chart). The requirement to have infant and toddler birth dates accessible was moved to 470 IAC 3-4.7-122 (Infant/toddler charts and records) to provide clarity and to continue using this information for ratio verification purposes. Draft rule 470 IAC 3-4.7-52 (Alternative mixed age groupings) is amended to increase the number of children under twelve months of age that may be grouped together at one time from three to five. Draft rule 470 IAC 3-4.7-53 (Rest periods) is amended to reduce the regulation of space between cots, as children are closer than two feet from each other throughout the day, and allows child care centers to use cots, mats, or sleeping bags, while ensuring sleeping bags are not used on hard surfaces. This further aligns rules across child care facility types, or auspices, as these items are currently allowed in child care homes. Surrounding states allow both cots and mats but do not reference individual sleeping bags. This proposed rule makes Indiana's regulation less stringent and more flexible for programs. Draft rule 470 IAC 3-4.7-57 (General program components) is amended to remove items around learning areas and cultural understanding. The current rule includes items beyond basic health and safety. In effort to reduce regulations, OECOSL proposes to remove these items that are addressed in the QRIS system. Current rule 470 IAC 3-4.7-60 (Written program plans) is repealed. The current rule includes aspects beyond basic health and safety. OECOSL proposes to repeal this rule, in an effort to reduce regulation and focus on health and safety, because these items are addressed within Indiana's QRIS, Paths to QUALITY. Draft rule 470 IAC 3-4.7-61 (Literacy development) is amended to remove quality aspects that are addressed within the QRIS and focuses on basic communication. Illinois includes quality aspects of literacy development within licensing, but surrounding states utilize their QRIS to support and encourage quality literacy development in child care. Current rule of 470 IAC 3-4.7-62 (Coping with separation) is repealed. The current rule is intended to focus on health and safety. This rule focuses on program quality, which is addressed in Indiana's QRIS. None of the surrounding states have a rule specific to coping with separation. Draft rule 470 IAC 3-4.7-63 (Educational equipment and materials) is amended to remove items that are addressed within the QRIS. This change allows programs to make their own decisions regarding curriculum and program philosophy without concern for licensing compliance. Draft rule 470 IAC 3-4.7-64 (Screen-based devices) is amended to update the television rule, according to ELAC recommendations, to include other devices that stream videos. This update reflects technological advances since the rule was developed. Surrounding states all provide guidance around screen usage. Current rule 470 IAC 3-4.7-69 (Playground and outdoor equipment) is repealed to focus on health and safety. This rule addresses program quality, which is covered in Indiana's QRIS. For outdoor classrooms, only Michigan requires the space to be an extension of the classroom (Mich. Admin. Code R. 400.8125). This change will make Indiana less stringent than surrounding states. Draft rule 470 IAC 3-4.7-70 (Water play areas) is amended to allow more options for sanitation and to allow portable wading pools for water play. Clarification has been included regarding what type of life-saving device is considered approved. The proposed rule also changes the requirement from having a person in the water to requiring staff to be close enough to provide touch supervision. This change considers that supervision from the edge of the pool may allow for a quicker response than being in the pool. All surrounding states except Kentucky allow the use of wading pools. Illinois and Michigan require caregivers to be in the water with children and require reduced ratios. Ohio requires active supervision for pool usage. Kentucky refers to public pool laws. Draft rule 470 IAC 3-4.7-72 (Transportation in child care center owned or leased vehicle) is amended for child care center-owned or leased vehicles and updates the previous rule, which stated a driver could not consume alcohol within 12 hours prior to transporting. This rule was difficult to enforce. The updated rule states that drivers may not be under the influence of alcohol, which is enforceable. Current rule 470 IAC 3-4.7-75 (Food program) is repealed to remove the outdated practice of submitting a food program to OECOSL. The information needed for meals is provided within 470 IAC 3-4.7-76 (Menus), 470 IAC 3-4.7-78 (Meal components), 470 IAC 3-4.7-79 (General meal guidelines), and 470 IAC 3-4.7-83 (Vendor service). Draft rule 470 IAC 3-4.7-76 (Menus) is amended to remove the requirement that menus list serving sizes. Draft rule 470 IAC 3-4.7-77 (Meal times) is amended to provide flexibility regarding when meals are served, allowing more time between meals while still ensuring children receive two full meals a day. The proposed amendment also removes the requirement that a morning snack and a mid-afternoon snack must be provided. This change reduces challenges for programs that open later in the morning. This change was recommended by ELAC and aligns with surrounding states. Draft rule 470 IAC 3-4.7-78 (Meal components) is amended to update the current rule, which stated that meals must meet dietary components approved by the division. Guidelines have been updated within the rule to provide expanded information on what constitutes a healthy and nutritious meal. This change aligns the rule with ELAC recommendations. Draft rule 470 IAC 3-4.7-79 (General meal guidelines) is amended to remove the unnecessary requirement for divided plates and allows meals to be brought from home, providing flexibility for programs. This amendment also removes the requirements for children eating promptly when they sit down and adults eating with the children being served the same meal as the children. Draft rule 470 IAC 3-4.7-80 (Home style food service) is amended to remove the requirement that all children receive the minimum required serving of each meal component. In home-style food service, children are offered all components and may choose what to serve themselves. The proposed rule also removes references to exposure to sneezing, coughing, and drooling, as this is already covered by subsection (a), which requires all food to remain uncontaminated. Draft rule 470 IAC 3-4.7-81 (Picnics) is amended to remove the requirement for menus to be updated if juice is served. This rule is unnecessary because juice is already permitted during meals. Draft rule 470 IAC 3-4.7-82 (Special diets) is amended to add information regarding allergies to align with requirements of the Office of Child Care, 45 CFR part 98.41, and the reauthorization of the CCDBG. All bordering states' nutrition rules reflect this more detailed approach through rule or appendix. Draft rule 470 IAC 3-4.7-82.5 (Emergency plan for allergies) is added to outline requirements for emergency allergy plans to align with the Office of Child Care, 45 CFR part 98.14, and the reauthorized CCDBG. This includes requiring child care centers to have a child's epinephrine auto-injector on site and stored inaccessible to children. All bordering states reflect this level of detail in rule or appendix. Draft rule 470 IAC 3-4.7-83 (Vendor service) is amended to remove the requirement for programs to keep hazardous food temperature records for one year. Incidents involving hazardous food temperatures are addressed in rule, and maintaining records after immediate correction is unnecessary and creates an undue administrative burden. Current rule 470 IAC 3-4.7-84 (Health program) is repealed, as it reflects outdated practices that are no longer reviewed for licensing compliance. Current rule 470 IAC 3-4.7-85 (Adult health requirements) is repealed and aligns with the updates within draft rule 470 IAC 3-4.7-41 (Staff, substitutes, and volunteer records), which also removes the requirement for TB testing and the requirement for an initial physical examination to reduce cost burden. All bordering states require a medical examination, making Indiana's regulation less stringent and more cost-effective for child care centers. The medical examination is no longer a requirement of the CCDBG. These updates align with current federal requirements. Draft rule 470 IAC 3-4.7-86 (Child health requirements) is amended to remove provisions duplicative of IC 12-17.2-4-18.1 Draft rule 470 IAC 3-4.7-87 (Ill child procedures) is amended to remove the requirement that a director approve a child returning to care with illness symptoms. This should be addressed within a program's policies. Additionally, the requirement to supervise an ill child was removed due to duplication with 470 IAC 3-4.7-48 (Staff to child ratios and supervision). This change was recommended by ELAC. Draft rule 470 IAC 3-4.7-88 (Medication) is amended to remove outdated language referring to health program requirements and health consultants and to add a requirement of parent's written approval before using melatonin or sleep aids, given in accordance with the label. This ensures child safety, as these items can be harmful or interact with medications. Draft rule 470 IAC 3-4.7-89 (Communicable disease) is amended to remove the term “bodily fluid” and replaces it with “bio-contaminants” to align with definitions and training requirements of the Office of Child Care. Draft rule 470 IAC 3-4.7-90 (Universal precautions supplies) is amended to remove outdated reference to a child care center's health consultant. Draft rule 470 IAC 3-4.7-91 (First aid supplies) is amended to remove the requirement to post first aid directives in each room, to have procedures approved by the division, and to keep a Red Cross First Aid manual. These directives are unnecessary for ensuring proper use of first aid and are addressed in First Aid training. Remaining rule content sufficiently addresses first aid requirements. The requirement for a telephone for first aid purposes has been removed, as the requirement for a working phone is already addressed in 470 IAC 3-4.7-119 (Office and staff areas). Draft rule 470 IAC 3-4.7-94 (Diapering) is amended to remove the requirement that all diapers provided by parents be in an unopened package. This is unnecessary since diapers are used only for the child they were brought for and are stored individually. This requirement also created an undue burden for parents. The proposed rule updates the term “changing table” to “changing surface,” allowing the use of changing mats and removing the requirement that each room have a changing table. This aligns with ELAC recommendations and provides flexibility for centers. Additional clarification was included regarding cleaning of the changing surface, and the need for a waterproof barrier has been removed. This is unnecessary as long as the surface is cleaned and sanitized after each use and provides cost savings for programs. Finally, the addition of allowing portable sinks in infant rooms removes barriers and provides more flexibility in building or space use. Draft rule 470 IAC 3-4.7-95 (Disposable diapers) is amended to clarify that diapers must be stored in a container lined with a plastic bag, but individual diapers do not need to be bagged. Previously, programs often interpreted the rule to require each diaper to be individually tied in a plastic bag, leading to unnecessary costs and burdens. The proposed rule clarifies this intention. Draft rule 470 IAC 3-4.7-96.5 (Safe sleep) is added to outline the requirements of the Office of Child Care, as found in 45 CFR part 98.14. These requirements provide guidelines for safe sleep practices for infants and are already in practice. Because this is a federal guideline, it aligns with surrounding states' rules. Draft rule 470 IAC 3-4.7-97 (Toilet training) is amended to allow child care centers to use previously prohibited potty chairs. Allowing potty chairs reduces the barrier of having a toilet in all infant and toddler rooms, as previously addressed in draft rule 470 IAC 3-4.7-143 (Infant/toddler rooms; general). Draft rule 470 IAC 3-4.7-98 (Staff hygiene) is amended to remove the requirement that the water used to wash hands must be warm. Draft rule 470 IAC 3-4.7-99 (Building maintenance) is amended to update language to allow child care centers to use rugs as long as they are firmly secured. This allows centers to create welcoming environments, provide soft spaces, and use rugs for activities such as circle time. All surrounding states allow rugs in child care centers. Draft rule 470 IAC 3-4.7-100 (Poisons, chemicals, and hazardous items) is amended to add bodies of water and vehicular traffic to this list. While already current practice, this addition aligns Indiana's rule with federal requirements in the reauthorized CCDBG, as outlined in 45 CFR part 98.14. The rule is also amended to clarify that peeling paint that may contain lead must be inaccessible to children, and hot beverages must be stored in a place inaccessible to children. Draft rule 470 IAC 3-4.7-101 (Electrical safety) is amended to update “Underwriters Laboratory” to “UL Standards & Engagement” to reflect current safety standards. Draft rule 470 IAC 3-4.7-102 (Combustible materials) is amended to remove requirements regarding kitchen hoods that are addressed in 675 IAC and not inspected for compliance by the division. The rule also adds clarification on how and where flammable materials must be stored and how much may be stored within the center. Draft rule 470 IAC 3-4.7-103 (Emergency drills) is amended to clarify the requirement to document emergency drills in accordance with FPBSC under 675 IAC, and to ensure children are present when the drills are conducted. Current rule 470 IAC 3-4.7-104 (Furnace room) is repealed. This rule is addressed and inspected through state fire marshal inspections under 675 IAC. Draft rule 470 IAC 3-4.7-106 (Heat, light, ventilation, and air conditioning) is amended to lower lighting requirements from 50 foot-candles to 30 foot-candles in desk or work areas and from 70 foot-candles to 50 foot-candles in food service areas. Lighting requirements align with 410 IAC 7-26-436, and temperature changes align with the proposed child care home rule. Of surrounding states, Illinois requires the increased foot-candle level, while others only require “adequate lighting” without specifying levels. The proposed temperature requirements align with surrounding states. Duplicative provisions are removed. Draft rule 470 IAC 3-4.7-107 (Hallways, stairways, and exits) is amended to add CCDF eligibility rule. The added language is already required within DHS rule and CCDF rule. To ensure that all centers meet CCDF eligibility at point of licensure, this language was added for clarity and the ability to cite when necessary. All current child care centers already follow this. Draft rule 470 IAC 3-4.7-108 (Doors) is amended to allow, but not require, latches on school-age children's bathroom stalls, allowing for privacy. Draft rule 470 IAC 3-4.7-110 (Indoor space) is amended to update language to align with the definition of “room.” The current rule caused confusion by referring to “play spaces” instead of “areas” or “rooms.” It also removes the phrase “built-in cabinet,” since any cabinet occupies floor space. Draft rule 470 IAC 3-4.7-111 (Indoor furnishings) is amended to remove language that already states furnishings and equipment must be scaled to the size of children. The proposed rule eliminates duplicative requirements and provides flexibility in how these spaces are furnished. Current rule 470 IAC 3-4.7-112 (Holiday decorations) is repealed. Child care centers are required to follow fire code, which already addresses decor, including holiday decor. This rule is outdated. Draft rule 470 IAC 3-4.7-113 (Bathrooms) is amended to reduce regulation by removing the requirement for one hand dryer per sink when utilizing dryers. In small bathrooms, one dryer per two sinks is typical; in larger bathrooms, one dryer per three sinks is common. The proposed rule allows centers to use electric hand dryers without specifying a required number. It also allows portable sinks in buildings where installing plumbing is difficult and allows staff to use restrooms as long as no children are present. This reduces the need for separate staff restrooms and separate restrooms for school-age children of the opposite sex when not used simultaneously. Surrounding states do not specify the number of dryers. Ohio and Michigan allow portable sinks; others do not. Kentucky is the only surrounding state requiring separate staff facilities. Draft rule 470 IAC 3-4.7-114 (Water supply and plumbing) is amended to remove the requirement for hot and cold running water at handwashing sinks and instead requires hot and cold running water in the area where care is provided. This better aligns with CCDF requirements and allows the use of portable sinks while aligning with CDC recommendations, which permit warm or cold running water. Surrounding states still require hot or warm water and have not updated to CDC guidance, making Indiana's rule less stringent. Draft rule 470 IAC 3-4.7-116 (Kitchen and food preparation) is amended to remove references to 410 IAC, which is Indiana Health Department code not enforced by OECOSL. Items from 410 IAC that are enforced by OECOSL (410 IAC 7-26) remain in the rule. The proposed rule also removes duplicative language and eliminates the requirement for a stove. Multiple alternatives meet program needs, such as convection ovens. Removing the stove requirement provides flexibility. Draft rule 470 IAC 3-4.7-117 (Manual dish washing) is amended to remove references to 410 IAC, which OECOSL does not regulate. All requirements necessary for compliance with 470 IAC 3-4.7 remain. Draft rule 470 IAC 3-4.7-119 (Office and staff areas) is amended to update language to align with technology and the use of cellular devices. The rule removes the requirement for a separate staff area. Whether staff have a separate space should be the decision of the business, not a licensing requirement. No surrounding state requires a separate staff room. Draft rule 470 IAC 3-4.7-121 (Infant/toddler room personnel) is amended to remove the requirement that each infant and toddler be assigned an individual primary caregiver. Primary caregivers are assigned to rooms, making the requirement redundant. Language regarding posting information was updated to allow sharing electronically with families. All surrounding states assign a primary caregiver to a group rather than individual children. The proposed rule aligns with surrounding states. Draft rule 470 IAC 3-4.7-122 (Infant/toddler charts and records) is amended to add the requirement for infant and toddler caregivers to have the date of birth of all children in the room immediately available. With the change to allow grouping children up to 30 months of age, it will be necessary to know ages of children to ensure that a classroom remains within ratio. Surrounding states require some type of age verification for ratio purposes. Draft rule 470 IAC 3-4.7-123 (Infant physical care) and draft rule 470 IAC 3-4.7-124 (Toddler physical care) are amended to reduce regulation by removing items that are addressed in Indiana's QRIS. The proposed rule focuses on health and safety. Draft rule 470 IAC 3-4.7-125 (Infant/toddler program; general) is amended to remove the requirement for caregivers to ensure children are dressed for the weather and ensures that all learning materials (not only toys) are reachable by children. Draft rule 470 IAC 3-4.7-129 (Infant room furnishings) is amended to allow for play yards and adds a prohibition on stackable cribs, as they can create safety hazards within the room. Draft rule 470 IAC 3-4.7-130 (Toddler room furnishings) is amended to add the option to use mats or sleeping bags within the toddler room. This is an effort to reduce regulation, lower costs, and align rules among auspices as recommended by ELAC. The proposed rule also removes the requirement for a gliding chair or rocker in each toddler room. This further aligns center rules with home rules and is not necessary to provide safe and healthy care for toddlers. The use of a gliding chair or rocker would be optional for the program. Current rules 470 IAC 3-4.7-132 (Infant equipment) and 470 IAC 3-4.7-133 (Toddler equipment) are repealed to focus on health and safety within rule. Both rules address program quality, which is addressed in Indiana's QRIS. Draft rule 470 IAC 3-4.7-134 (Infant feeding) is amended to add that infants who are able to hold their own bottle and sit independently may feed themselves only while sitting in a highchair or at a table. This provides additional clarity for programs and prevents infants from being laid down to feed, which increases choking hazards. Draft rule 470 IAC 3-4.7-135 (Infant food preparation and storage) is amended to allow for powdered formula. The previous rule required ready-to-feed formula. Powdered formula can be mixed easily without special equipment, reducing the burden on programs and families. The proposed rule also updates the requirement for a heating unit for warming bottles. This should be optional. If a program has hot water at the infant sink, they may use it to warm bottles rather than requiring a heating unit. Draft rule 470 IAC 3-4.7-136 (Breast milk) is amended to be inclusive of the parent or guardian, not just the mother, providing supplies and taking responsibility of the milk. It is also amended to remove unnecessary, duplicative requirements. Draft rule 470 IAC 3-4.7-140 (Toddler feeding) is amended to clarify that food must be ready to eat before calling children to meals, but allows the food to be served after the children are seated.. This helps ensure food is not contaminated while sitting out before children arrive. It also removes the requirement that staff sit at the table while children eat, allowing caregivers to move around and engage more actively with children. Draft rule 470 IAC 3-4.7-141 (Infant/toddler sleeping) is amended to remove language that is repetitive of Consumer Product Safety Commission (CPSC) guidelines and focuses on requirements in addition to those guidelines. The proposed rule also includes the use of cribs, porta-cribs, or commercial play yards, allowing flexibility within infant rooms and further aligning auspices by allowing centers to use play yards, which are permitted in child care homes. The proposed rule is also amended to remove unnecessary, duplicative language. Draft rule 470 IAC 3-4.7-143 (Infant/toddler rooms; general) is amended to remove the requirement for floor-to-ceiling walls, allowing more flexibility in how space is used for infants and toddlers. This aligns with rules in surrounding states. It also removes the requirement for toddler rooms to have a toilet, which creates an undue burden for programs when these toilets are often unused. Draft rule 470 IAC 3-4.7-97 (Toilet training) removes the prohibition on potty chairs, allowing the reduction of the requirement for toilets in all infant/toddler classrooms. Finally, the proposed rule removes the prohibition on throw rugs. Rugs must be secured so they do not pose a safety hazard and can support a more home-like environment. Draft rule 470 IAC 3-4.7-145 (School age grouping) is amended to state that school-age children may interact with children two years of age and older under direct caregiver supervision, previously limited to one school-age child per group per day. Removing the “one per day” rule allows programs to implement activities such as reading buddies. For supervision purposes, only one school-age child may be in the younger children's room at a time, but another child may enter later in the day. Surrounding states allow school-age and younger children to interact with varying supervision, ratio, and group size requirements. Draft rule 470 IAC 3-4.7-146 (School age program and equipment) is amended to remove the requirement to seek child input into activities and the requirement that recreation and relaxation periods immediately follow school. To focus on health and safety, this requirement is addressed within the Quality Improvement and Rating System. This change also allows parents to choose programs whose schedule and activities best meet their child's needs. Of the surrounding states, only Illinois includes this requirement in rule. Draft rule 470 IAC 3-4.7-148 (Supporting children with special needs and family choice) is amended to ensure that parents remain the primary decision-makers regarding their child's needs, allowing providers to offer support and collaborate when appropriate without imposing mandatory plans or conditions that override family choice. Draft rule 470 IAC 3-4.7-149 (Extended hours of operation) is amended to add clarification that all aspects of this rule must be met during extended hours. This is a current practice being clarified within rule. Draft rule 470 IAC 3-4.7-153 (Night care program and equipment) is amended to remove the requirement to have posted activities for night care. Children sleep for the majority of overnight care. Posted activities should be at the program's discretion and align with the program's schedule. Draft rule 470 IAC 3-4.7-155 (Ill child care space requirement) is amended to remove the requirement that a center contact the child care health section for additional criteria. Current rule 470 IAC 3-4.7-156 (Existing licensed child care center) is repealed. It previously allowed time for centers to come into compliance after 470 IAC 3-4.1 and 470 IAC 3-4.2 were repealed. This rule is outdated and no longer relevant. 470 IAC 3-4.8 Emergency or Temporary Closure of Child Care Centers and Child Care Homes Draft rule 470 IAC 3-4.8 (List of conditions) is amended to update the timeframe for closure due to non-functioning water or loss of electricity for a period longer than two hours. This allows the facilities to address the issue prior to having to close. Surrounding states do not have a specific rule on this issue, but do require this to be part of the program's emergency planning and have other language around safe care, portable water, and unsafe building designations. The language within the proposed rule will make the Indiana rule clearer and easier to understand for programs than surrounding states. V. Benefit Analysis VI. Cost Analysis VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions Notice of First Public Comment Period: 20260603-IR-470260159FNA Notice of Determination Received: May 14, 2026