Comparator staff to child ratio and comparator group sizes; annual reevaluation of ratios and group sizes; publication; student volunteer caregivers; exceptions
Ind. Code § 12-17.2-4-14.5
in effectSec. 14.5. (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.
As added by P.L.140-2025, SEC.4.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026