The division may not approve a grant from the fund to an applicant unless the applicant agrees to adopt the following program enrollment priorities:

1. (1) First priority must be given to children who are referred to a program by the department of child services under IC 31-33 (or IC 31-6-11 before its repeal). Within this priority, children in families with the lowest gross monthly income compared to other children in this priority level must be enrolled first.

2. (2) Second priority must be given to children in kindergarten and grades 1 through 3 and the children's siblings if the children's families need school age child care services because of:

   1. (A) enrollment of a child's legal custodian in vocational training under a degree program;
   2. (B) employment of a child's legal custodian; or
   3. (C) physical or mental incapacitation of a child's legal custodian.

3. (3) Third priority must be given to children in grades 4 through 9 if the children's families need school age child care services because of:

   1. (A) enrollment of a child's legal custodian in vocational training under a degree program;
   2. (B) employment of a child's legal custodian; or

   3. (C) physical or mental incapacitation of a child's legal custodian.

      [Pre-1992 Revision Citation: 12-3-29-10(a).]

As added by P.L.2-1992, SEC.11. Amended by P.L.1-1997, SEC.65; P.L.234-2005, SEC.33.