in-20251126-IR-470250369FRA: Amends 470 IAC 3-4.7-1 concerning general definitions. Amends 470 IAC 3-4.7-19 concerning items posted in child care centers. Amends 470 IAC 3-4.7-24, 470 IAC 3-4.7-27, and 470 IAC 3-4.7-30 concerning qualifications for caregivers, support staff, and volunteer students. Amends 470 IAC 3-4.7-31 concerning visitor requirements. Amends 470 IAC 3-4.7-33 and 470 IAC 3-4.7-35 concerning training requirements for basic first aid and in-service staff training. Amends 470 IAC 3-4.7-41 concerning records for staff, substitutes, and volunteers. Amends 470 IAC 3-4.7-47 and 470 IAC 3-4.7-48 concerning staff to child ratios and child supervision. Amends 470 IAC 3-4.7-49 and 470 IAC 3-4.7-52 concerning grouping children by age in child care centers. Amends 470 IAC 3-4.7-53 concerning child rest period requirements. Amends 470 IAC 3-4.7-70 concerning water play areas. Amends 470 IAC 3-4.7-72 concerning transporting children in child care center owned or leased vehicles. Amends 470 IAC 3-4.7-73 concerning child care centers transporting children in vehicles not owned or leased by the child care center. Amends 470 IAC 3-4.7-145 concerning requirements related to school age children. Amends 470 IAC 3-4.7-151 concerning staffing for children receiving night care. Effective 30 days after filing with the publisher.

TITLE 470 DIVISION OF FAMILY RESOURCES Final Rule LSA Document #25-369 DIGEST EARLY CHILDHOOD CAREGIVERS Amends 470 IAC 3-4.7-1 concerning general definitions. Amends 470 IAC 3-4.7-19 concerning items posted in child care centers. Amends 470 IAC 3-4.7-24, 470 IAC 3-4.7-27, and 470 IAC 3-4.7-30 concerning qualifications for caregivers, support staff, and volunteer students. Amends 470 IAC 3-4.7-31 concerning visitor requirements. Amends 470 IAC 3-4.7-33 and 470 IAC 3-4.7-35 concerning training requirements for basic first aid and in-service staff training. Amends 470 IAC 3-4.7-41 concerning records for staff, substitutes, and volunteers. Amends 470 IAC 3-4.7-47 and 470 IAC 3-4.7-48 concerning staff to child ratios and child supervision. Amends 470 IAC 3-4.7-49 and 470 IAC 3-4.7-52 concerning grouping children by age in child care centers. Amends 470 IAC 3-4.7-53 concerning child rest period requirements. Amends 470 IAC 3-4.7-70 concerning water play areas. Amends 470 IAC 3-4.7-72 concerning transporting children in child care center owned or leased vehicles. Amends 470 IAC 3-4.7-73 concerning child care centers transporting children in vehicles not owned or leased by the child care center. Amends 470 IAC 3-4.7-145 concerning requirements related to school age children. Amends 470 IAC 3-4.7-151 concerning staffing for children receiving night care. Effective 30 days after filing with the publisher. HISTORY Notice of First Public Comment Period: 20250730-IR-470250369FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20250730-IR-470250369RAA Date of First Hearing: September 3, 2025 CITATIONS AFFECTED: 470 IAC 3-4.7-1; 470 IAC 3-4.7-19; 470 IAC 3-4.7-24; 470 IAC 3-4.7-27; 470 IAC 3-4.7-30; 470 IAC 3-4.7-31; 470 IAC 3-4.7-33; 470 IAC 3-4.7-35; 470 IAC 3-4.7-41; 470 IAC 3-4.7-47; 470 IAC 3-4.7-48; 470 IAC 3-4.7-49; 470 IAC 3-4.7-52; 470 IAC 3-4.7-53; 470 IAC 3-4.7-70; 470 IAC 3-4.7-72; 470 IAC 3-4.7-73; 470 IAC 3-4.7-145; 470 IAC 3-4.7-151 SUMMARY/RESPONSE TO COMMENTS The Division of Family Resources (DFR) requested public comment from July 30, 2025, through September 3, 2025, and during the public hearing on September 3, 2025. DFR received no comments in response to the Notice of First Public Comment Period. EXPLANATION OF DIFFERENCES IN FINAL RULE DFR made the following change between the proposed rule published in the Notice of First Public Comment Period and the final rule based on suggested edits from the Legislative Services Agency: PROPOSED RULE Sec. 1. For purposes of this rule, the following definitions apply: Sec. 19. (a) The following items shall must be prominently posted in a place regularly viewed by parents: (b) The center shall post the following items: (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: Sec. 24. Caregivers counted in child/staff staff to child ratios shall meet the following qualifications: Sec. 27. (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 staff to child ratios, they shall meet all the qualifications of the caregiver. Sec. 30. (a) Centers may count early childhood practicum volunteer students under eighteen (18) years of age who meet the criteria listed in IC 12-17.2-4-14.5(k) in child/staff staff to child ratios. with the following conditions: (b) Early childhood practicum students from colleges or universities may serve in any capacity for which they are qualified. Sec. 31. Visitors are exempt from all qualification requirements, but may not be left alone with children or be counted in child/staff staff to child ratios. Sec. 33. All Caregivers and other persons counted in child/staff staff to child ratios shall have training in basic first aid as follows: Sec. 35. (a) In addition to first aid, cardiopulmonary resuscitation (CPR), universal precautions, and life saving certification, all directors and persons counted in child/staff staff to child ratios shall have, on an annual basis, a minimum of at least twelve (12) clock hours of in-service training as follows: (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 and 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 must 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). Sec. 41. (a) Records, kept at the child care center, shall must document the following for all current staff, substitutes, and volunteers: (b) Volunteers and support staff are exempt from documentation of qualifications, evaluations, and in-service training requirements. Volunteers who are counted in the child/staff staff to child ratio must shall meet all staff requirements. Sec. 47. Directors shall prominently post the following child/staff staff to child ratio chart in each class area of the child care center and in the area where parents sign children in on a daily basis: Age of the Youngest Child in the Group Maximum Number of Children Supervised by One Caregiver Maximum Number of Children in One Group Infant (6 weeks - 12 months) 4 5 8 12 Toddler 12 - 17 months 5 10 12 2 years 18 - 23 months 5 6 10 14 24 - 29 months 8 16 30–36 30 - 35 months 7 9 14 17 3 years (36 - 47 months) 10 11 20 25 4 years (48 - 59 months) 12 13 24 29 5 years and older (60 - 71 months) 15 17 30 31 6 years and older (72 months and older) 20 40 Sec. 48. (a) Child/staff Staff to child ratios shall must be maintained during all the hours of operation. (b) When there is a combination of ages within a group of children, caregivers shall determine the ratio required by the age of the youngest child in the group. This includes opening and closing times. (c) When determining the child/staff staff to child ratios, count only persons who are responsible for and directly engaged in supervising and implementing carrying out activities for children. (d) Persons in the child care center with multiple roles, such as teacher/cook, teacher/director, or teacher/receptionist, shall be are counted in child/staff staff to child ratios only while directly engaged with children. (e) All children shall be under the direct supervision of a responsible caregiver at all times. (f) Centers shall have a written policy that describes the steps caregivers shall take to correct inadequate ratios. Caregivers shall be aware of this policy. (g) Caregivers shall promptly notify the director when ratios become deficient. (h) The director or person in charge shall correct child/staff staff to child ratios immediately. (i) Children of the director and staff members shall be are counted in child/staff staff to child ratios and assigned to their appropriate age group. (j) The center shall have at least two (2) adults present during all the hours of operation. (k) The center shall make arrangements so that if only one (1) adult is supervising a group of children, that adult has means available to communicate with other caregivers and summon assistance without leaving children unattended. (l) The assignment of administrative, maintenance, and housekeeping duties shall must not interfere with the direct supervision of children. (m) The center shall make every an effort to have substitutes visit the child care center to become generally familiar with the children and program in advance of the time they may be called to substitute. Sec. 49. (a) Age grouping policies apply at all times except as in subsection (f) (e). (b) When mixing age groups, younger children shall be protected from aggressive older children. (c) Caregivers may care for preschool children in the same group or area. (d) Centers may group children thirty (30) to thirty-six (36) months of age with children three (3) years of age. (e) When all the children two (2) of age in a group are at least thirty (30) months of age, the child/staff ratio is 7:1. (f) (e) Caregivers may group children three (3) years of age through school age together during the first and last hour of the child care center's operation, provided the group size does not exceed the maximum group size for the youngest children in the group. (g) (f) Caregivers shall care for school age children in a clearly defined separate room/area. When mixing age groups, the group may not be larger than the square foot capacity of the room. (h) (g) The maximum number of children per class is also determined by available space. (i) (h) Centers licensed prior to before the effective date of this rule may elect to have a maximum group size of fifteen (15) for children two (2) years of age, of fifteen (15), provided they use the same room. (j) (i) Kindergarten age children may be mixed with either preschool or school age groups. (j) The maximum group size permitted is subject to the exceptions found in IC 12-17.2-4-14.5(l) and IC 12-17.2-4-14.5(m). Sec. 52. For the purpose of maintaining continuity of care, centers may mix children six (6) weeks of age to thirty-six (36) months of age in one (1) classroom under the following conditions: Sec. 53. (a) Caregivers shall provide a supervised rest period for children four (4) year of age and under after the noon meal and at any other time if requested by any age child. This does not apply to children in attendance less than four (4) hours per day. (b) Children of all ages shall not rest or sleep on the floor. Staff shall provide cots for all children that rest as follows: (c) The center shall assure that a cover is provided as follows for each child: (d) The center shall provide individual storage so that one (1) child's cover does not touch the cover of another child. (e) When resting, children shall lie in such a way that direct face-to-face situations are avoided. (f) After thirty (30) minutes, caregivers shall provide supervised alternate activities for nonsleeping children. (g) Caregivers shall permit sleeping children to awaken naturally at their own pace. (h) During the rest period for children toddler age and older, caregivers may supervise children at fifty percent (50%) of the required child/staff staff to child ratio provided that: if: (i) The fifty percent (50%) reduction in child/staff staff to child ratios does not apply to infants. (j) Caregivers shall supervise sleeping children and never leave them unattended. (k) Rest areas shall must have a minimum average of five (5) foot-candles of light in all areas. (l) Caregivers shall make rest periods flexible based on discussions with the parent and the child's individual needs. Sec. 70. (a) Staff shall maintain a one (1) to three (3) parts per million (ppm) chlorine solution, as verified by a pool test kit, or equivalent, in water tables used for water play activities. Staff shall empty the water table daily and clean it with an approved sanitizing solution before being air-dried. (b) Portable fill and draw pools are prohibited. (c) When children swim in any a permanently constructed private swimming pool, wading pool, or lake owned by the child care center, center staff, relatives, parents, or others, while under the supervision of the child care center staff, the following rules apply: (d) In addition, permanently constructed swimming or wading pools located on the premises of the child care center shall must meet the following: (e) When children are taken to public pools or lakes while under the supervision of the child care center, the following rules apply: (f) Staff shall not permit children to be in hot tubs, spas, or saunas. Sec. 72. The following rules apply to all center the transportation of children in vehicles owned or leased by the center: Sec. 73. The following rules apply to all the transportation of children while under the care of the child care center in vehicles not owned or leased by the center: Sec. 145. (a) The center shall keep school age children separated from younger children at all times except as in subsection (d) and section 49(f) of this rule. (b) School age children shall have a clearly defined separate room/area that does not interfere with the care of younger children. (c) Outdoor play areas shall may not be used by both preschool and school age children at the same time unless separate, clearly defined play areas are provided. (d) School age children may choose to interact with children two (2) years of age and preschool children under direct caregiver supervision with the following conditions: Sec. 151. (a) There shall always be at least two (2) caregivers on duty at all times regardless of the child/staff staff to child ratio. (b) Caregivers counted for purposes of meeting child/staff staff to child ratio requirements shall be awake at all times. LSA Document #25-369 Notice of First Public Comment Period: July 30, 2025 Approved by Attorney General: October 27, 2025 Approved by Governor: October 29, 2025 Filed with Publisher: October 31, 2025, 10:48 a.m. Documents Incorporated by Reference: None Received by Publisher