CHAPTER 4. REGULATION OF CHILD CARE CENTERS
IC 12-17.2-4
Chapter 4. Regulation of Child Care Centers
IC 12-17.2-4-1
Operation of center without proper licensure; prohibition
Sec. 1. (a) A person may not operate a child care center withouta license issued under this article.
(b) The state or a political subdivision of the state may not operatea child care center without a license issued under this article.
(c) A person may not operate a child care center where:
(1) the number of children maintained on the premises at anyone (1) time is greater than the number authorized by thelicense; and
(2) the children are maintained in a building or place notdesignated by the license.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.9.
IC 12-17.2-4-2
Conditions for licensing; waivers and variances
Sec. 2. (a) A license may be issued only if a child care center is incompliance with food, health, safety, and sanitation standards asdetermined by the division under rules adopted by the division underIC 12-17.2-2-4 or in accordance with a variance or waiver approvedby the division under IC 12-17.2-2-10.
(b) A license may be issued only if the child care center is insubstantial compliance with the fire and life safety rules asdetermined by the state fire marshal under rules adopted by thedivision under IC 12-17.2-2-4 or in accordance with a variance orwaiver approved by the division under IC 12-17.2-2-10.
(c) The division may issue a waiver or variance regarding adetermination by the division or the state fire marshal undersubsections (a) and (b).
(d) At least one (1) adult individual who maintains annualcertification in a course of cardiopulmonary resuscitation applicableto all age groups of children cared for by the child care center shallbe present at all times when a child is in the care of a child carecenter.
(e) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a child care center shall maintain currentcertification in first aid applicable to all age groups of children caredfor by the child care center.
(f) Upon request, the county office of family and children shallprovide, within forty-eight (48) hours, excluding weekends andholidays, copies of substantiated noncompliances and othersubstantiated complaints filed with the division of family resourcesconcerning a licensed child care center.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,
SEC.10; P.L.247-2001, SEC.6; P.L.47-2002, SEC.2; P.L.18-2003,SEC.25; P.L.145-2006, SEC.96.
IC 12-17.2-4-3
Applying for licenses
Sec. 3. (a) An applicant must apply for a child care center licenseon forms provided by the division.
(b) An applicant must submit the required information as part ofthe application.
(c) The applicant must submit with the application a statementattesting that the applicant:
(1) has not been convicted of:
(A) a felony;
(B) a misdemeanor relating to the health or safety ofchildren;
(C) a misdemeanor for operating a child care center withouta license under section 35 of this chapter; or
(D) a misdemeanor for operating a child care home withouta license under IC 12-17.2-5-35; and
(2) has not been charged with:
(A) a felony;
(B) a misdemeanor relating to the health or safety ofchildren;
(C) a misdemeanor for operating a child care center withouta license under section 35 of this chapter; or
(D) a misdemeanor for operating a child care home withouta license under IC 12-17.2-5-35;
during the pendency of the application.
(d) An applicant must submit the necessary information, forms, orconsents for the division to obtain a national criminal historybackground check on the applicant through the state policedepartment under IC 10-13-3-39.
(e) The applicant must do the following:
(1) Conduct a criminal history check of the applicant'semployees and volunteers.
(2) Maintain records of each criminal history check.
As added by P.L.1-1993, SEC.141. Amended by P.L.61-1993,SEC.10; P.L.136-1993, SEC.11; P.L.2-1995, SEC.53; P.L.109-2002,SEC.7; P.L.241-2003, SEC.6; P.L.145-2006, SEC.97.
IC 12-17.2-4-3.5
Drug testing
Sec. 3.5. (a) A child care center shall, at no expense to the state,maintain and make available to the division upon request a copy ofdrug testing results for an individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at the child care center. The drug testing resultsrequired under this subsection must be obtained before the individualis employed or allowed to volunteer as a caregiver. (b) A child care center shall maintain a written policy specifyingthe following:
(1) That the:
(A) use of:
(i) tobacco; or
(ii) a potentially toxic substance in a manner other than thesubstance's intended purpose; and
(B) use or possession of alcohol or an illegal substance;
is prohibited in the child care center when child care is beingprovided.
(2) That drug testing of individuals who serve as caregivers atthe child care center will be:
(A) performed based on a protocol established or approvedby the division; and
(B) required if an individual is suspected of noncompliancewith the requirements specified under subdivision (1).
(c) If:
(1) the drug testing results obtained under subsection (a) or (b)indicate the presence of a prohibited substance described insubsection (b)(1)(A)(ii) or (b)(1)(B); or
(2) an individual refuses to submit to a drug test;
the child care center shall immediately suspend or terminate theindividual's employment or volunteer service.
(d) A child care center that suspends an individual described insubsection (c) shall maintain a written policy providing forreinstatement of the individual following rehabilitation and drugtesting results that are negative for a prohibited substance describedin subsection (b)(1)(A)(ii) or (b)(1)(B).
(e) Drug testing results obtained under this section areconfidential and may not be disclosed for any purpose other than thepurpose described in this section.
(f) A child care center that does not comply with this section issubject to:
(1) denial of an application for a license; or
(2) suspension or revocation of a license issued;
under this chapter.
As added by P.L.18-2003, SEC.26. Amended by P.L.6-2004, SEC.3;P.L.16-2006, SEC.4.
IC 12-17.2-4-4
Repealed
(Repealed by P.L.61-1993, SEC.67 and P.L.136-1993, SEC.24.)
IC 12-17.2-4-5
Grounds for denial of license applications
Sec. 5. (a) The following constitute sufficient grounds for a denialof a license application:
(1) A determination by the department of child servicesestablished by IC 31-25-1-1 of child abuse or neglect (asdefined in IC 31-9-2-14) by: (A) the applicant;
(B) an employee of the applicant who has direct contact, ona regular and continuous basis, with children who are underthe direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on aregular and continuous basis, with children who are underthe direct supervision of the applicant.
(2) A criminal conviction of the applicant, an employee of theapplicant who has direct contact, on a regular and continuousbasis, with children who are under the direct supervision of theapplicant, or a volunteer of the applicant who has direct contact,on a regular and continuous basis, with children who are underthe direct supervision of the applicant, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center withouta license under section 35 of this chapter.
(D) A misdemeanor for operating a child care home withouta license under IC 12-17.2-5-35.
(3) A determination by the division that the applicant madefalse statements in the applicant's application for licensure.
(4) A determination by the division that the applicant madefalse statements in the records required by the division.
(5) A determination by the division that the applicant previouslyoperated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal convictionof an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer hasbeen dismissed by the applicant;
the criminal conviction of the former employee or former volunteerdoes not require denial of a license application.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.12; P.L.1-1997, SEC.66; P.L.109-2002, SEC.8; P.L.146-2006,SEC.4.
IC 12-17.2-4-6
Incomplete applications
Sec. 6. The division may not act on an incomplete application.The division shall return an incomplete application with a notationas to omissions. The return of an incomplete application shall bewithout prejudice.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-7
Investigations of applicants
Sec. 7. The division shall investigate a person seeking licensureto determine whether the person is in compliance with this article
and the rules adopted under this article. The investigation shall beconducted at a reasonable time and in a reasonable manner, inannounced or unannounced visits. Activities may include onsiteinspections, record reading, observation, and interviewing. Thedivision may require that evidence of compliance with the rules bepresented in a form and manner specified in the rules.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-8
Issuance of licenses
Sec. 8. The division shall issue a license to a person who meets allof the license requirements when an investigation shows theapplicant to be in compliance under this article.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-9
Eligibility for variances
Sec. 9. A child care center may be eligible to receive a variancefrom the requirements of this chapter by complying withIC 12-17.2-2-10.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-10
Denial of licenses
Sec. 10. (a) The division shall deny a license if an applicant failsto meet the requirements for a license.
(b) The division shall send written notice by certified mail that theapplication has been denied and give the reasons for the denial.
(c) An administrative hearing concerning the denial of a licenseshall be provided upon written request by the applicant. The requestmust be made within thirty (30) calendar days after receiving thewritten notice under subsection (b).
(d) The administrative hearing shall be scheduled within sixty(60) calendar days after receiving the written request.
(e) The administrative hearing shall be held in accordance withIC 4-21.5-3.
(f) The division shall issue a decision within sixty (60) calendardays after the conclusion of the hearing.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-11
Investigation of unlicensed premises
Sec. 11. The division shall investigate any premises that thedivision has reason to believe are being used for child care withouta license in circumstances where a license is required.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-12
Expiration, transferability, display, and renewal of licenses; otherinformation Sec. 12. (a) A license for a child care center expires two (2) yearsafter the date of issuance, unless revoked, modified to a probationaryor suspended status, or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in theapplication; and
(3) remains the property of the division.
(c) A current license shall be publicly displayed.
(d) When a licensee submits a timely application for renewal, thecurrent license shall remain in effect until the division issues alicense or denies the application.
(e) A licensee shall publicly display and make available, as ahandout, written documentation of:
(1) any changes in the status of the licensee's license;
(2) a telephone number and an Internet site where informationmay be obtained from the division concerning:
(A) the current status of the licensee's license;
(B) any complaints filed with the division concerning thelicensee; and
(C) violations of this article by the licensee; and
(3) a telephone number of the office of the Indiana child careresource and referral program of the county in which the childcare center is located.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,SEC.7.
IC 12-17.2-4-13
Provisional licenses
Sec. 13. (a) The division may grant a provisional license to anapplicant who is not able to demonstrate compliance with a rulebecause the child care center is not in full operation.
(b) A provisional license shall be granted for a limited period notto exceed one (1) year and is subject to review every three (3)months.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.13.
IC 12-17.2-4-14
Probationary licenses
Sec. 14. (a) The division may grant a probationary license to alicensee who is temporarily unable to comply with a rule if:
(1) the noncompliance does not present an immediate threat tothe health and well-being of the children;
(2) the licensee files a plan with the division or the state firemarshal to correct the areas of noncompliance within theprobationary period; and
(3) the division or state fire marshal approves the plan.
(b) A probationary license is valid for not more than six (6)months. The division may extend a probationary license for one (1)
additional period of six (6) months.
(c) An existing license is invalidated when a probationary licenseis issued.
(d) At the expiration of the probationary license, the division shallreinstate the original license to the end of the original term of thelicense, issue a new license, or revoke the license.
(e) Upon receipt of a probationary license, the licensee shallreturn to the division the previously issued license.
(f) The division shall:
(1) upon issuing a probationary license under this section,provide written notice to the licensee that the division willprovide the notice required under subdivision (2); and
(2) not more than seven (7) days after issuing a probationarylicense under this section, publish notice under IC 5-3-1 andprovide written notice to the parent or guardian of each childenrolled in the child care center of the:
(A) issuance of the probationary license; and
(B) reason for the issuance of the probationary license.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,SEC.8.
IC 12-17.2-4-15
Inspections
Sec. 15. The division and the state fire marshal shall do thefollowing:
(1) Make annual onsite inspections.
(2) Keep written records of their monitoring activities andinspections.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-16
Cooperation by licensees
Sec. 16. The licensee shall cooperate with the division and thestate fire marshal in carrying out these activities, includingpermitting the division and the state fire marshal to conductannounced or unannounced inspections.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-17
Unscheduled visits by parents and guardians
Sec. 17. Unscheduled visits by a custodial parent or guardian ofa child shall be permitted at any time the child care center is inoperation.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-17.5
Supervision of children
Sec. 17.5. A licensee shall ensure that a child in the licensee's careis continually supervised by a caregiver.
As added by P.L.18-2003, SEC.27.
IC 12-17.2-4-18
Records
Sec. 18. (a) A licensee shall keep records regarding each child inthe control and care of the licensee as the division requires and shallreport to the division, upon request, the facts the division requireswith reference to children.
(b) The division shall keep records regarding children and factslearned about children and their parents or relatives confidential.
(c) The following are permitted access to records regardingchildren and facts learned about children:
(1) A state agency involved in the licensing of the child carecenter.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a childplaced at the child care center.
(5) The parent, guardian, or custodian of the child at the childcare center.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-18.1
Immunizations
Sec. 18.1. (a) After December 31, 2002, a licensee shall maintainand annually update documentation provided by the physician ofeach child who is cared for in a child care center where the licenseeprovides child care that the child has received complete ageappropriate immunizations, including:
(1) conjugated pneumococcal vaccine; and
(2) varicella vaccine or a demonstrated immunity to varicella.
The state department of health shall determine for each age level theimmunizations that constitute complete age appropriateimmunizations.
(b) A licensee meets the requirement of subsection (a) if:
(1) a child's parent:
(A) objects to immunizations for religious reasons; and
(B) provides documentation of the parent's objection;
(2) the child's physician provides documentation of a medicalreason the child should not be immunized; or
(3) the child's physician provides documentation that the childis currently in the process of receiving complete age appropriateimmunizations;
and the licensee maintains and annually updates the documentationprovided by the parent or physician under this subsection.
As added by P.L.121-2002, SEC.2. Amended by P.L.18-2003,SEC.28.
IC 12-17.2-4-18.5
Duties of child care centers regarding missing child reports
Sec. 18.5. (a) Upon receiving a report under IC 31-36-1-4, a childcare center shall thoroughly inspect the report. If the child care center
finds that a child on the report required under IC 31-36-1-4 isenrolled at the child care center, the child care center shallimmediately notify the Indiana clearinghouse for information onmissing children and missing endangered adults.
(b) Upon receiving a report under IC 31-36-1-4, a child carecenter shall attach a notice to the child's enrollment records statingthat the child has been reported missing. The child care center shallremove the notice when the center is notified under IC 31-36-2-6 thatthe child has been found.
(c) If a request for the enrollment records of a missing child isreceived, the child care center shall:
(1) obtain:
(A) the name, address, and telephone number of the personmaking the request; and
(B) the reason that the person is requesting the schoolrecords; and
(2) immediately notify the Indiana clearinghouse forinformation on missing children and missing endangered adults.
(d) The child care center may not issue a copy of the enrollmentrecords of a child reported missing without authorization from theIndiana clearinghouse for information on missing children andmissing endangered adults and may not inform the person making therequest that a notice that the child has been reported missing hasbeen attached to the child's records.
As added by P.L.12-1994, SEC.8. Amended by P.L.1-1997, SEC.67;P.L.43-2009, SEC.14.
IC 12-17.2-4-18.7
Violations posing immediate threat to life or well-being of child;orders
Sec. 18.7. (a) The division shall adopt rules under IC 4-22-2 toestablish a list of violations of this article that would pose animmediate threat to the life or well-being of a child in the care of alicensee.
(b) If an employee or agent of the division determines that aviolation described in subsection (a) exists, the division shall:
(1) issue an emergency or another temporary order underIC 4-21.5-4 requiring the licensee to immediately ceaseoperation of the child care center; and
(2) contact the parent or guardian of each child enrolled in thechild care center to inform the parent or guardian:
(A) that the division has issued an order to require thelicensee to cease operation of the child care center; and
(B) of the reason for the order to cease operation;
pending the outcome of proceedings conducted under sections 20through 22 of this chapter.
(c) An emergency or another temporary order issued by anemployee or agent of the division must be approved by the director.
(d) An approval under subsection (c) may be communicated orallyto the employee or agent issuing the order. However, the division
shall maintain a written record of the approval.
As added by P.L.241-2003, SEC.9.
IC 12-17.2-4-19
Notice of enforcement actions; informal meetings
Sec. 19. Except as provided in section 18.7 or 29 of this chapter,the division shall give a licensee thirty (30) calendar days writtennotice by certified mail of an enforcement action. The licensee shallalso be provided with the opportunity for an informal meeting withthe division. The licensee must request the meeting within ten (10)working days after receipt of the certified notice.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,SEC.10.
IC 12-17.2-4-20
Administrative hearings
Sec. 20. (a) An administrative hearing concerning the decision ofthe division to impose a sanction under this chapter shall be providedupon a written request by the child care center. The request must bemade within thirty (30) calendar days after receiving notice undersection 18.7 or 19 of this chapter. The written request must be madeseparately from an informal meeting request made under section 19of this chapter.
(b) The administrative hearing shall be held within sixty (60)calendar days after receiving the written request.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,SEC.11.
IC 12-17.2-4-21
Procedure for administrative hearings
Sec. 21. A hearing requested under section 20 of this chapter shallbe held in accordance with IC 4-21.5-3.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-22
Issuance of decisions
Sec. 22. The division shall issue a decision within sixty (60)calendar days after the conclusion of the hearing.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-23
Cessation of operations upon suspension of license
Sec. 23. If a license is suspended, a licensed child care centershall cease operation and may not display the license.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-24
Reinstatement of suspended licenses
Sec. 24. To reinstate a suspended license the following mustoccur: (1) The licensee must, within thirty (30) days of the notice ofthe suspension, submit a plan of corrective action to the divisionfor approval.
(2) The plan must outline the steps and timetable for immediatecorrection of the violations that caused the division to suspendthe license.
(3) The division must approve the plan.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-25
Actions of division following suspensions of licenses
Sec. 25. Following the suspension, the division shall do one (1) ofthe following:
(1) Reinstate the license for the term of the original license.
(2) Revoke the license.
(3) Issue a new license.
(4) Deny a reapplication.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-26
Cessation of operations upon revocation of license
Sec. 26. A child care center shall cease operation when the licenseof the child care center is revoked.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-27
Notice of license revocation or suspension
Sec. 27. (a) After a license is revoked or suspended, the divisionshall publish notice under IC 5-3-1 and notify in writing each personresponsible for the children in care that the license has been revokedor suspended.
(b) The written notice shall be sent to the last known address ofthe person responsible for the child in care and shall state that thelicense of the child care center has been revoked or suspended.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,SEC.12.
IC 12-17.2-4-28
Judicial review
Sec. 28. A final decision of the division made after a hearing issubject to judicial review under IC 4-21.5-5.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-29
Investigation of unlicensed facilities; injunctions; civil penalties;removal of children
Sec. 29. (a) The division shall investigate a report of anunlicensed child care center and report the division's findings to theattorney general and to the division's attorney and the prosecutingattorney in the county where the child care center is located. (b) The attorney general or the division's attorney may do thefollowing:
(1) Seek the issuance of a search warrant to assist in theinvestigation.
(2) File an action for injunctive relief to stop the operation of achild care center if there is reasonable cause to believe that:
(A) the child care center is operating without a licenserequired under this article; or
(B) a licensee's noncompliance with this article and the rulesadopted under this article creates an imminent danger ofserious bodily injury to a child or an imminent danger to thehealth of a child.
(3) Seek in a civil action a civil penalty not to exceed onehundred dollars ($100) a day for each day a child care center isoperating without a license required under this article.
(c) The division may provide for the removal of children fromchild care centers described in subsection (b).
(d) An opportunity for an informal meeting with the division shallbe available after the injunctive relief is ordered.
(e) The civil penalties collected under this section shall bedeposited in the division of family resources child care fundestablished by IC 12-17.2-2-3.
(f) Section 34 of this chapter does not apply to the civil penaltiesimposed under this section.
As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006,SEC.98; P.L.1-2007, SEC.123.
IC 12-17.2-4-30
Expiration of injunctions for operation without a license
Sec. 30. A court order granted under section 29(b)(2)(A) of thischapter expires when the child care center is issued a license.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-31
Expiration of injunctions for creation of imminent danger
Sec. 31. A court order granted under section 29(b)(2)(B) of thischapter expires upon the later of the following:
(1) Sixty (60) calendar days after the order is issued.
(2) When a final division decision is issued under sections 20through 22 of this chapter if notice of an enforcement action isissued under section 19 of this chapter.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-32
Grounds for revocation of licenses
Sec. 32. (a) The following constitute sufficient grounds forrevocation of a license:
(1) A determination by the department of child services of childabuse or neglect (as defined in IC 31-9-2-14) by:
(A) the licensee; (B) an employee of the licensee who has direct contact, ona regular and continuous basis, with children who are underthe direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on aregular and continuous basis, with children who are underthe direct supervision of the licensee.
(2) A criminal conviction of the licensee, an employee of thelicensee who has direct contact, on a regular and continuousbasis, with children who are under the direct supervision of thelicensee, or a volunteer of the licensee who has direct contact,on a regular and continuous basis, with children who are underthe direct supervision of the licensee, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center withouta license under section 35 of this chapter.
(D) A misdemeanor for operating a child care home withouta license under IC 12-17.2-5-35.
(3) A determination by the division that the licensee made falsestatements in the licensee's application for licensure.
(4) A determination by the division that the licensee made falsestatements in the records required by the division.
(5) A determination by the division that the licensee previouslyoperated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of anemployee or a volunteer of the licensee; and
(2) the division determines that the employee or volunteer hasbeen dismissed by the licensee;
the criminal conviction of the former employee or former volunteerdoes not require revocation of a license.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.14; P.L.1-1997, SEC.68; P.L.109-2002, SEC.9; P.L.146-2006,SEC.5.
IC 12-17.2-4-33
Disciplinary sanctions
Sec. 33. (a) A licensee shall operate a child care center incompliance with the rules established under this article and is subjectto the disciplinary sanctions under subsection (b) if the division findsthat the licensee has violated this article.
(b) The division may impose any of the following sanctions whenthe division finds that a licensee has committed a violation undersubsection (a):
(1) After complying with the procedural provisions in sections19 through 22 of this chapter:
(A) suspend the license for not more than six (6) months; or
(B) revoke the license. (2) Seek civil remedies under section 29 of this chapter.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-34
Civil penalty for violation of article
Sec. 34. (a) In addition to the other penalties imposed under thischapter, the division may impose a civil penalty of not more than onethousand dollars ($1,000) for the violation of this article.
(b) The division shall deposit the civil penalties collected underthis section in the division of family resources child care fundestablished by IC 12-17.2-2-3.
As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006,SEC.99.
IC 12-17.2-4-35
Violations of chapter
Sec. 35. A person who knowingly or intentionally violates thischapter commits a Class B misdemeanor.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-4-36
Investigation of abuse or neglect; child care center
Sec. 36. (a) The department of child services shall conduct aninvestigation of a claim of abuse or neglect in a child care center.
(b) After an investigation under subsection (a), the department ofchild services shall make a determination of whether or not abuse orneglect occurred at the child care center.
(c) If the department of child services makes a determinationunder IC 31-33-8-12 that abuse or neglect at the child care center issubstantiated, the department shall send a copy of its report to theappropriate licensing office of the division.
As added by P.L.146-2006, SEC.6.