Authority: IC 12-13-5-3; IC 12-17.2-4-18.7; IC 12-17.2-5-18.7; IC 12-17.2-6-20

Affected: IC 4-21.5-4; IC 12-17.2-4; IC 12-17.2-5; IC 12-17.2-6

Sec. 1. (a) The following are the list of conditions that pose an immediate threat to the life or well-being of a child in the care of a child care provider that may subject a child care center, child care home, or child care ministry to an emergency or a temporary closure order:

1. (1) Building damage due to:

   1. (A) an earthquake;
   2. (B) flooding or water damage;
   3. (C) a tornado;
   4. (D) severe wind;
   5. (E) an ice storm;
   6. (F) fire;
   7. (G) lead contamination; or
   8. (H) asbestos.

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 in 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 an area occupied by children.
10. (10) Lack of supervision, which results in the death or serious injury of a child.
11. (11) The presence at a child care center, child care home, or child care ministry of an individual prohibited by statute from being present at a child care center, child care home, or child care ministry based on the results of required background checks or not having the required background checks.
12. (12) The presence of firearms, ammunition, or other weapons in a place accessible to a child in the care of a child care provider.

(b) If an employee or agent of the division determines a violation in subsection (a) exists, the division shall:

1. (1) issue an emergency or another temporary order under IC 4-21.5-4 requiring the child care provider to immediately stop operating the child care center, child care home, or child care ministry; and

2. (2) contact the parent or guardian of each child enrolled in the child care center, child care home, or child care ministry to inform the parent or guardian:

   1. (A) that the division has issued an order requiring the child care provider to stop operating the child care center, child care home, or child care ministry; and
   2. (B) the reason for the order to stop operating any of the facilities listed in clause (A).

(Division of Family Resources; 470 IAC 3-4.8-1; filed Aug 11, 2004, 11:05 a.m.: 28 IR 196; 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 Nov 8, 2024, 1:34 p.m.: 20241204-IR-470240251FRA)