Authority: IC 12-13-5-3

Affected: IC 12-17.2-4

Sec. 10. (a) When conditions arise that make the building unsafe, the center must take immediate action to provide for the safety and well-being of children and staff. Unsafe conditions include, but are not limited to, the following:

1. (1) Building damage due to:

   1. (A) earthquake;
   2. (B) flooding or water damage;
   3. (C) tornado;
   4. (D) severe wind;
   5. (E) ice storm; or
   6. (F) fire.

2. (2) Sewage problems as follows:

   1. (A) Sewage backup.
   2. (B) Toilets cannot be flushed or are overflowing.
   3. (C) Sewage system is not operating properly.

3. (3) Inadequate or unsafe water supply as follows:

   1. (A) Contaminated water supply.
   2. (B) Water supply not functioning.
4. (4) No electricity to the building.
5. (5) Heating system problems.
6. (6) Gas, carbon monoxide, or other noxious gases leak.
7. (7) Filthy conditions.
8. (8) Rodent, roach, or vermin infestation.
9. (9) Building renovation occurring in a room or area occupied by children.

(b) All centers shall have a written plan for correcting the conditions listed in subsection (a) and must inform parents when such conditions exist. The child care center may be required to close until the situation is corrected.

(c) The center must report any of the conditions listed in subsection (a) to the division as soon as the children have been removed to safety or sent home.

(d) If closure is necessary for one (1) of the conditions listed in subsection (a), a child care center may not reopen without division approval. This approval will be contingent on one (1) or more of the following:

1. (1) Inspections and approval of the building by the division or the SFM.
2. (2) Division receipt of two (2) satisfactory water sample reports twenty-four (24) hours apart for private wells or approval by municipal system.
3. (3) Other verification of correction of the problem necessitating the closure.

(Division of Family Resources; 470 IAC 3-4.7-10; filed Aug 11, 2003, 3:00 p.m.: 27 IR 121; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR-470190490RFA)