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Floyd County, IN Home Business: Home Daycare (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing agency
Floyd County Health Department
Trigger
Suspected contagious or communicable disease in the home
Remedy
Order to cease all childcare operations immediately
Cleaning requirement
Hire trained professionals to disinfect entire premises
Records required
Proof of immunization for every child in care
Adopted
Ord. 2009-III, passed March 17, 2009

Summary

In unincorporated Floyd County, the County Health Department can shut down an unlicensed home daycare it suspects is spreading a contagious or communicable disease. Floyd County Code § 91.01 lets inspectors order the operator to stop caring for children until the home is professionally cleaned, sanitized and disinfected, and to produce immunization records for every child in care.

These county ordinances apply to unincorporated areas of Floyd County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 91.01 DISEASE SUPPRESSION; UNLICENSED CHILDCARE FACILITIES. ... (A) If it has reason to believe that a contagious and/or communicable disease and/or illness is present in an unlicensed childcare home, the County Health Department may require any individual operating an unlicensed childcare home to cease all operations until the unlicensed childcare home has been properly cleaned, sanitized, and disinfected to eliminate the possibility of spreading the disease. ... (C) The County Health Department may require any individual operating an unlicensed childcare home to provide proof of immunizations for each child for whom care is provided. (D) In the event that any individual and/or unlicensed childcare home fails to comply with an order of the County Health Department and/or the provisions of this section, the County Health Department may issue an order requiring the unlicensed childcare home to immediately cease all operations until the individual and/or unlicensed childcare home comes into compliance.

Full Breakdown

01, adopted by Ord. 2009-III on March 17, 2009, targets home-based childcare operations in unincorporated Floyd County that are not licensed by the state. If the County Health Department has reason to believe a contagious or communicable disease is present in an unlicensed childcare home, it may order the operator to cease all childcare operations immediately until the premises have been properly cleaned, sanitized and disinfected. The Department can go further and require the operator to hire professionals trained in eradicating contagious disease to clean the entire premises, not just the room where care happens, whenever any child in care is found to have a contagious illness.

01(C) also lets the Department demand proof of immunization for every child receiving care at the home. If the operator ignores a Health Department order, or otherwise fails to comply with the section, the Department may issue a follow-up order forcing the home to cease operations immediately until it comes back into compliance. C. 01 adds to, rather than replaces, the county's general public-health authority. Nothing in this chapter addresses zoning, licensing, or the maximum number of children a home daycare may keep; those questions run through the county's separate zoning ordinance and state child-care licensing rules, neither of which sits in this county code chapter.

Violations & Fines

Floyd County Code § 91.01 does not set a dollar fine; instead the County Health Department enforces through cease-operation orders. An operator who keeps caring for children after a cease order, or who refuses to disinfect the premises or produce immunization records, is out of compliance and can be ordered again to stop immediately. The general code penalty in § 10.99 applies only where no specific remedy is prescribed, and here the specific remedy is the shutdown order itself.

Frequently Asked Questions

Can Floyd County shut down my unlicensed home daycare?
Yes. Under Floyd County Code § 91.01, if the County Health Department has reason to believe a contagious or communicable disease is present in your unlicensed childcare home, it can order you to stop caring for children immediately until the home is professionally cleaned, sanitized and disinfected.
Does the county require immunization records from home daycares?
Yes. Section 91.01(C) lets the County Health Department require proof of immunization for every child cared for in an unlicensed childcare home in unincorporated Floyd County. This power exists apart from any state daycare-licensing immunization requirement and can be invoked whenever the Department is investigating a disease concern at the home.
What happens if I ignore a Health Department cease order?
Section 91.01(D) lets the Department issue another order requiring the unlicensed childcare home to immediately stop all operations until it comes into compliance. The section works alongside, not instead of, the Department's broader authority under I.C. 16-20-1-1 et seq.

Sources & Official References

Other rules in Floyd County

All Floyd County rules

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