Sec. 28.6. (a) Except as provided in subsection (c), “child care home”, for purposes of IC 12-17.2, means a residential structure in which at least eight (8) children, or at least four (4) children under twelve (12) months of age, (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider:

(1) while unattended by a parent, legal guardian, or custodian;

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Terms Used In Indiana Code 12-7-2-28.6

  • class I child care home: means a child care home that serves any combination of full-time and part-time children, not to exceed at any one (1) time twelve (12) children plus three (3) children who are enrolled in at least full-day kindergarten. See Indiana Code 12-7-2-33.7
  • class II child care home: means a child care home that serves more than twelve (12) children but not more than any combination of sixteen (16) full-time and part-time children at any one (1) time. See Indiana Code 12-7-2-33.8
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2) for regular compensation; and

(3) for more than six (6) hours per day but less than twenty-four (24) hours per day for ten (10) consecutive days, not including Saturdays, Sundays, and holidays.

     (b) The term includes:

(1) a class I child care home; and

(2) a class II child care home.

     (c) A child who is:

(1) a relative of a provider;

(2) under the custody or guardianship of a provider; or

(3) at least fourteen (14) years of age and does not require child care;

is not a child described under subsection (a).

As added by P.L.20-1992, SEC.9 and P.L.81-1992, SEC.9. Amended by P.L.1-1993, SEC.73; P.L.136-1993, SEC.2; P.L.124-2007, SEC.1; P.L.134-2024, SEC.1.