Indiana legislature eyes tighter rules for unlicensed day cares
A bill passed by the Indiana House would require unlicensed day cares — including ministries and home day cares — to comply with key safety regulations if they accept taxpayer money.
Child advocates have been pushing for decades for tighter scrutiny of unlicensed Indiana day cares but have often watched the legislature take little action, even as the grim tally of child injuries and deaths has grown.
But some are cheering as progress a bill now headed to the Senate that could affect more than 1,200 unlicensed operations that provide day care to thousands of Hoosier children, historically with limited scrutiny. An investigation last year by The Indianapolis Star found that at least 22 children have died in Indiana day cares since 2009, with 16 of those deaths in unlicensed day cares.
Most significantly, the bill would limit the number of children supervised by each caregiver and limit how many children each operation can serve — factors seen as keys to keeping children supervised and, ultimately, safe.
“It will better protect Hoosier children,” said state Rep. Kevin Mahan, R-Hartford City, who authored House Bill 1036. “They are going to be safer and, potentially, it is going to save lives.”
The bill passed the House Tuesday by a vote of 71-24. What lies ahead for it in the Senate isn’t clear.
Sen. Patricia Miller, R-Indianapolis, who chairs the Health and Provider Services Committee, is vowing to give the bill a hearing if it is assigned to her. But she said the version that left the House “needs some serious work” based on what she’s heard from other senators and even bill supporters. She acknowledged she hasn’t had time to study the House proposal.
Child advocate Tracie Wells, who served on a committee of lawmakers and lay people studying the issue, said she fears the House bill is, in some areas, too ill-defined — it requires that the day cares provide children with nutrition and daily activities, with no specifics.
What’s been more fatal to such bills in the past have been objections that the regulations would infringe on the religious freedom of the churches that run day-care ministries. Eric Miller of the conservative advocacy group Advance America has been among the loudest voices of that position.
Mahan said he reached out to Eric Miller months ago about this proposal, but couldn’t win his support. Miller didn’t return calls seeking comment.
Sen. Patricia Miller, who is no relation to Eric Miller, said she has already heard from Eric Miller about the House bill, but he offered no suggestions about bill language he could accept. Even so, the senator said day cares that accept tax money — even those run as ministries — must meet standards for health and safety.
“We are all interested in safety of children. We are also interested in not imposing regulation on churches. But this bill ... deals with only those church facilities that take federal funding for vouchers,” she said. “If a church doesn’t want the involvement of government, then they should not be taking vouchers.”
Officials with the United Way of Central Indiana, which has actively pushed for tighter regulations of day cares, saw the bill’s passage through the House as an important milestone for an issue whose chances were remote even a few years ago.
“We are thrilled with the progress of this bill getting out of the House,” said Jay Geshay, the United Way’s senior vice president. “We believe this to be a very significant landmark bill, and we have put a lot of effort behind this for many years, as have many other partners.”
Call Star reporter Robert King at (317) 444-6089. Follow him on Twitter: @Rbtking.
About House Bill 1036
Focus: Health, education, safety and training requirements for day cares that receive money from the Child Care Development Fund, which assists the poor in paying for child care.
Status: Passed the Indiana House on Tuesday by a vote of 71-24. Awaiting committee assignment in the Senate.
Bill Author: State Rep. Kevin Mahan, R-Hartford City.