in-20250702-IR-470250323INA: EARLY CHILDHOOD CAREGIVERS

TITLE 470 DIVISION OF FAMILY RESOURCES Notice of Public Comment Period for Interim Rule LSA Document #25-323 EARLY CHILDHOOD CAREGIVERS PURPOSE OF NOTICE The Division of Family Resources (DFR) is soliciting public comment on rules to be temporarily superseded and supplemented concerning early childhood caregivers. DFR seeks comment on the affected citations listed and any other provisions of Title 470 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Governor's Approval: 20250702-IR-470250323GAA Regulatory Analysis: 20250702-IR-470250323RAA 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 3-4.7-145; 470 IAC 3-4.7-151 AUTHORITY: IC 12-13-5-3; IC 12-17.2-3.5-15; IC 12-17.2-4-14.5 OVERVIEW Basic Purpose and Background Senate Enrolled Act 463 of the 2025 legislative session (SEA 463-2025) called for DFR to make changes to 470 IAC 3-4.7 in the following areas:  (1) Fifteen (15) year olds will be counted in staff to child ratios. (2) Staff to child ratios may not be more stringent than those in neighboring states. (3) Maximum group sizes may not be more stringent than those in neighboring states. Statement Justifying Requirement or Cost DFR has determined that these rule changes stemming from SEA 463 – 2025 justify the updated requirements and decrease costs to the regulated entities. REQUEST FOR PUBLIC COMMENT DFR is soliciting public comment on the proposed interim 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 August 1, 2025. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis and Statement Justifying Requirement or Cost, and materials incorporated by reference (if applicable) are on file at the Division of Family Resources, 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 and Statement Justifying Requirement or Cost are available at the Division of Family Resources office. PROPOSED INTERIM RULE     SECTION 1. (a) This SECTION supersedes 470 IAC 3-4.7-1. (b)  For purposes of this document and 470 IAC 3-4.7, the following definitions apply: SECTION 2. (a) This SECTION supersedes 470 IAC 3-4.7-19. (b) The following items shall be prominently posted in a place regularly viewed by parents: in the child care center. (c) The center shall post the following items: (d) Staff shall post by the telephone the name and address of the child care center and a list of emergency telephone numbers as follows: SECTION 3. (a) This SECTION supersedes 470 IAC 3-4.7-24. (b) All caregivers counted in  staff to child ratios shall meet the following qualifications: SECTION 4. (a) This SECTION supersedes 470 IAC 3-4.7-27. (b) Support staff shall complete orientation and ongoing training to carry out their assigned responsibilities. (c) Support staff are exempt from educational requirements. (d) When support staff are counted in staff to child ratios, they shall meet all the qualifications of the caregiver. SECTION 5. (a) This SECTION supersedes 470 IAC 3-4.7-30.  (b) Centers may count volunteer students who meet the criteria listed in IC 12-17.2-4-14.5(k) in staff to child ratios. SECTION 6. (a) This SECTION supersedes 470 IAC 3-4.7-31. (b) Visitors are exempt from all qualification requirements, but may not be left alone with children or counted in staff to child ratios. SECTION 7. (a) This SECTION supersedes 470 IAC 3-4.7-33. (b) All caregivers and other persons counted in staff to child ratios shall have training in basic first aid as follows: SECTION 8. (a) This SECTION supplements 470 IAC 3-4.7-35. (b) In addition to first aid, cardiopulmonary resuscitation (CPR), universal precautions, and life saving certification, all directors and persons counted in staff to child ratios shall have, on an annual basis, a minimum of twelve (12) clock hours of in-service training as follows: (c) Child care centers that have a swimming pool or built-in wading pool shall have at least one (1) person present, whenever the pool is in use, who is trained in age-appropriate CPR, basic water safety, and has a valid Red Cross advanced life saving certificate. Caregivers shall maintain documentation of training in the appropriate person's file at the child care center for three (3) years. (d) Caregivers in child care centers serving children with special needs shall have orientation and continuing training based on the special needs of the children in their care. If applicable, this training shall be in accordance with the child's IFSP (birth to two (2) years of age) or the child's IEP (three (3) years of age or older). SECTION 9. (a) This SECTION supersedes 470 IAC 3-4.7-41. (b) Records, kept at the child care center, must document the following for all current staff, substitutes, and volunteers: (c) Volunteers and support staff are exempt from documentation of qualifications, evaluations, and in-service training requirements. Volunteers who are counted in the staff to child ratio must meet all staff requirements. SECTION 10. (a) This SECTION supersedes 470 IAC 3-4.7-47. (b) Directors shall prominently post the following staff to child ratio chart in each class area of the child care center and in the area where parents sign children in on a daily basis: 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) 5 12 Toddler 12 - 17 months 5 12 6 14 8 16 30 – 35 months 9 17 3 years (36 - 47 months) 11 25 4 years (48 - 59 months) 13 29 5 years (60 - 71 months) 17 31 6 years and older (72 months and older) 20 40 SECTION 11. (a) This SECTION supersedes 470 IAC 3-4.7-48. (b) Staff to child ratios shall be maintained during all hours of operation. (c) When there is a combination of ages within a group of children, caregivers shall determine the ratio required by the age of the youngest child in the group. This includes opening and closing times. (d) When determining the staff to child ratios, count only persons who are responsible for and directly engaged in supervising and implementing activities for children. (e) Persons in the child care center with multiple roles, such as teacher/cook, teacher/director, or teacher/receptionist, shall be counted in staff to child ratios only while directly engaged with children. (f) All children shall be under the direct supervision of a responsible caregiver at all times. (g) Centers shall have a written policy that describes the steps caregivers shall take to correct inadequate ratios. Caregivers shall be aware of this policy. (h) Caregivers shall promptly notify the director when ratios become deficient. (i) The director or person in charge shall correct staff to child ratios immediately. (j) Children of the director and staff members shall be counted in staff to child ratios and assigned to their appropriate age group.  (k) The center shall have at least two (2) adults present during all hours of operation. (l) The center shall make arrangements so that if only one (1) adult is supervising a group of children, that adult has means available to communicate with other caregivers and summon assistance without leaving children unattended. (m) The assignment of administrative, maintenance, and housekeeping duties shall not interfere with the direct supervision of children. (n) The center shall make every effort to have substitutes visit the child care center to become generally familiar with the children and program in advance of the time they may be called to substitute. SECTION 12. (a) This SECTION supersedes 470 IAC 3-4.7-49. (b) Age grouping policies apply at all times except as in subsection (f). (c) When mixing age groups, younger children shall be protected from aggressive older children. (d) Caregivers may care for preschool children in the same group or area. (e) Centers may group children thirty (30) to thirty-six (36) months of age with children three (3) years of age. (f) Caregivers may group children three (3) years of age through school age together during the first and last hour of the child care center's operation provided the group size does not exceed the maximum group size for the youngest children in the group. (g) Caregivers shall care for school age children in a clearly defined separate room/area. When mixing age groups, the group may not be larger than the square foot capacity of the room. (h) The maximum number of children per class is also determined by available space. (i) Centers licensed before the effective date of this document may elect to have a maximum group size for children two (2) years of age of fifteen (15), provided they use the same room. (j) Kindergarten age children may be mixed with either preschool or school age groups. (k) The maximum group size permitted is subject to the exceptions found in IC 12-17.2-4-14.5(l) and IC 12-17.2-4-14.5(m). SECTION 13. (a) This SECTION supersedes 470 IAC 3-4.7-52. (b) For the purpose of maintaining continuity of care, centers may mix children six (6) weeks of age to thirty-six (36) months of age in one (1) classroom under the following conditions: SECTION 14. (a) This SECTION supersedes 470 IAC 3-4.7-53. (b) Caregivers shall provide a supervised rest period for children four (4) years of age and under after the noon meal and at any other time if requested by any age child. This does not apply to children in attendance less than four (4) hours per day. (c) Children of all ages shall not rest or sleep on the floor. Staff shall provide cots for all children that rest as follows: (d) The center shall assure that a cover is provided as follows for each child: (e) The center shall provide individual storage so that one (1) child's cover does not touch the cover of another child. (f) When resting, children shall lie in such a way that direct face-to-face situations are avoided. (g) After thirty (30) minutes, caregivers shall provide supervised alternate activities for nonsleeping children. (h) Caregivers shall permit sleeping children to awaken naturally at their own pace. (i) During the rest period for children toddler age and older, caregivers may supervise children at fifty percent (50%) of the required staff to child ratio provided: (j) The fifty percent (50%) reduction in staff to child ratios does not apply to infants. (k) Caregivers shall supervise sleeping children and never leave them unattended. (l) Rest areas shall have a minimum average of five (5) foot-candles of light in all areas. (m) Caregivers shall make rest periods flexible based on discussions with the parent and the child's individual needs. SECTION 15. (a) This SECTION supersedes 470 IAC 3-4.7-70. (b) Staff shall maintain a one (1) to three (3) parts per million (ppm) chlorine solution as verified by a pool test kit, or equivalent, in water tables used for water play activities. Staff shall empty the water table daily and clean it with an approved sanitizing solution before being air-dried. (c) Portable fill and draw pools are prohibited. (d) When children swim in a permanently constructed private swimming pool, wading pool, or lake owned by the child care center, center staff, relatives, parents, or others, while under the supervision of the child care center staff, the following rules apply: (e) In addition, permanently constructed swimming or wading pools located on the premises of the child care center must meet the following: (f) When children are taken to public pools or lakes while under the supervision of the child care center, the following rules apply: (g) Staff may not permit children to be in hot tubs, spas, or saunas. SECTION 16. (a) This SECTION supersedes 470 IAC 3-4.7-72. (b) The following rules apply to all center transportation of children in vehicles owned or leased by the center: SECTION 17. (a) This SECTION supersedes 470 IAC 3-4.7-145. (b) The center shall keep school age children separated from younger children at all times except as in subsection (d) and SECTION 12(f) of this document. (c) School age children shall have a clearly defined separate room/area that does not interfere with the care of younger children. (d) Outdoor play areas may not be used by both preschool and school age children at the same time unless separate, clearly defined play areas are provided. (e) School age children may choose to interact with children two (2) years of age and preschool children under direct caregiver supervision with the following conditions: SECTION 18. (a) This SECTION supersedes 470 IAC 3-4.7-151. (b) There must always be at least two (2) caregivers on duty at all times regardless of the staff to child ratio. (c) Caregivers counted for purposes of meeting staff to child ratio requirements shall be awake at all times.