§ 12-17.2-4-14.5 — Comparator staff to child ratio and comparator group sizes; annual reevaluation of ratios and group sizes; publication; student volunteer caregivers; exceptions

Indiana § 12-17.2-4-14.5

• Jurisdiction: Indiana
• Art. 17.2: DAY CARE REGULATION
• Ch. 4: Regulation of Child Care Centers

Text

5. (a) As used in this section, "bordering
state" means any of the following:
(1) Illinois.
(2) Kentucky.
(3) Michigan.
(4) Ohio.
(b) As used in this section, "child care facility" means:
(1) a child care center in Indiana; or
(2) a facility comparable to a child care center in a bordering
state.
(c) As used in this section, a "comparator group size" for an age
range set forth in subsection (g) is the largest group size that is allowed
for that age range under the law governing licensure of child care
facilities in a bordering state.
(d) As used in this section, a "comparator staff to child ratio" for an
age range set forth in subsection (g) is the lowest staff to child ratio that
is allowed for that age range under the law governing licensure of child
care facilities in a bordering state.
(e) As used in this section, "group" means a portion of the children
for whom a child care facility is providing supervision who are
generally assigned by the child care facility to be supervised:
(1) in the same room or space; and
(2) by the same staff member or members of the child care
facility.
(f) As used in this section, "staff to child ratio" means, for a
specified age range, a fraction:
(1) the numerator of which is one (1); and
(2) the denominator of which is the maximum number of children
within that age range that a child care facility may allow to be
supervised by a single staff member of the child care facility
under the laws of the state in which the child care facility is
licensed.
(g) The office of the secretary shall annually determine the
comparator staff to child ratios and comparator group sizes for each of
the following age ranges:
(1) Less than twelve (12) months of age.
(2) At least twelve (12) months of age but less than eighteen (18)
months of age.
(3) At least eighteen (18) months of age but less than twenty-four
(24) months of age.
(4) At least twenty-four (24) months of age but less than thirty
(30) months of age.
(5) At least thirty (30) months of age but less than thirty-six (36)
months of age.
(6) At least thirty-six (36) months of age but less than forty-eight
(48) months of age.
(7) At least forty-eight (48) months of age but less than sixty (60)
months of age.
(8) At least sixty (60) months of age but less than seventy-two
(72) months of age.
(9) Seventy-two (72) months of age or older.
(h) The office of the secretary shall ensure that:
(1) Indiana's staff to child ratio for an age range set forth in
subsection (g) is not more stringent than the average comparator
staff to child ratio for that age range; and
(2) Indiana's maximum group size for an age range set forth in
subsection (g) is not more stringent than the average comparator
group size for that age range.
The office of the secretary shall annually evaluate the comparator staff
to child ratios and comparator group sizes to determine the need for
any changes to Indiana's staff to child ratios and maximum group sizes.
(i) Not later than December 1 of each year, the office of the
secretary shall publish on the website of the office of the secretary the:
(1) staff to child ratio that a licensed child care center is required
to maintain; and
(2) maximum group size that a licensed child care center is
required to maintain;
for each age range set forth in subsection (g).
(j) Except as provided in subsection (l) or (m), for the duration of
each calendar year, a licensed child care center may maintain for each
age range set forth in subsection (g) the:
(1) staff to child ratio; and
(2) maximum group size;
that are posted on the website of the office of the secretary under
subsection (i) as of December 1 of the immediately preceding year.
(k) A student who:
(1) is at least fifteen (15) years of age;
(2) is exploring a career in childhood education;
(3) provides care for children as a volunteer at a child care center;
and
(4) is, at all times at which the student provides care for children
at the child care center, under the supervision of an adult who is
authorized under this article to provide child care services;
is a staff member of the child care center for purposes of the child care
center's staff to child ratio under subsection (j).
(l) The maximum group size for children in an age range under
subsection (g), when supervised in an indoor or outdoor area of a child
care center that provides at least seventy-five (75) square feet of space
per child, is equal to three (3) times the maximum group size that
would otherwise apply for that age range.
(m) The maximum group size for children supervised in a child care
center's cafeteria, regardless of the age range or ranges of the children
under subsection (g), is equal to the number of seats available to
children in the cafeteria.

Legislative History

As added by P.L.140-2025, SEC.4.