Authority: IC 12-13-5-3

Affected: IC 9-19-11; IC 12-17.2-4

Sec. 72. The following rules apply to the transportation of children in vehicles owned or leased by the center:

(1) The center shall assume responsibility for a child between the place where the child is picked up and the child care center, and from the time the child leaves the child care center until they are delivered to their parent or the responsible person designated by their parents.

(2) The center shall do the following:

(A) Obtain signed parental permission to transport before providing transportation for a child.

(B) Maintain staff to child ratios when transporting children, except as in clause (C).

(C) When transporting more than twelve (12) children on a school bus or Head Start bus to and from school or home, have at least one (1) qualified caregiver, not including the driver, supervise the children.

(D) License any vehicle operated by the center in accordance with the laws of Indiana.

(E) Carry liability insurance to cover all passengers riding in the vehicle.

(F) Maintain vehicles in safe operating condition.

(G) Keep the vehicle clean and free of obstructions on the floors, seats, and rear window area.

(H) Present documentation that vehicles used in transporting children are appropriately licensed and maintained.

(I) Not transport more children than the manufacturer's rated passenger capacity.

(J) Not permit children to ride in the front seat of any vehicle.

(K) Post a sign in the vehicle stating that this is a smoke free vehicle.

(L) Assure that the driver has the proper license from the bureau of motor vehicles on at least an annual basis.

(3) Staff shall comply with the following:

(A) Not leave children in a vehicle unattended.

(B) Load and unload children from the curbside of the vehicle.

(C) Not permit children to open and close the vehicle doors.

(D) Lock the passenger doors while the vehicle is in motion.

(E) Have in the vehicle an emergency medical authorization for all children, and emergency contact numbers for all occupants.

(4) The driver shall comply with the following:

(A) Be at least twenty-one (21) years of age and hold a proper license to operate the vehicle.

(B) Turn the vehicle off when loading or unloading children. This does not apply to regulation school buses.

(C) Seat children in proper safety restraints to comply with IC 9-19-11 while the vehicle is in motion.

(D) Not have used alcohol within twelve (12) hours before transporting children.

(E) Not use illegal drugs.

(F) Ensure that any prescription drugs will not impair their ability to drive.

(G) Not have any medical conditions that would affect the driver's ability to safely operate the vehicle.

(5) The director or administrator shall require drug testing of employees when illegal drug use, or alcohol use as in subdivision (4)(D), is suspected.

(6) Vehicle equipment must include the following:

(A) A first aid kit, fire extinguisher, and blanket when transporting children.

(B) One (1) restraint per child.

(C) Door locks.

(7) When transporting a child in a wheelchair, vehicles must accommodate the placement of wheelchairs with tie downs affixed according to the manufacturer's instructions.

(Division of Family Resources; 470 IAC 3-4.7-72; filed Aug 11, 2003, 3:00 p.m.: 27 IR 138; 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; filed Oct 31, 2025, 10:48 a.m.: 20251126-IR-470250369FRA)