CHAPTER 5. REGULATION OF CHILD CARE HOMES
IC 12-17.2-5
Chapter 5. Regulation of Child Care Homes
IC 12-17.2-5-1
Operation of home without proper licensure; prohibition
Sec. 1. (a) A person may not operate a child care home without alicense issued under this article.
(b) The state or a political subdivision of the state may not operatea child care home without a license issued under this article.
(c) A person may not operate a child care home if:
(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.16.
IC 12-17.2-5-2
Consultation with fire prevention and building safety commission
Sec. 2. The fire prevention and building safety commission mustprovide consultation regarding the licensure of child care homes tothe division upon request.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-3
Applying for licenses
Sec. 3. (a) An applicant must apply for a child care home licenseon forms provided by the division.
(b) An applicant must submit the required information as part ofthe application.
(c) An applicant must submit with the application a statementattesting that the applicant has not been:
(1) 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 IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home withouta license under section 35 of this chapter; and
(2) 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 IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home withouta license under section 35 of this chapter;
during the pendency of the application. (d) An applicant must submit the necessary information, forms, orconsents for the division to:
(1) conduct a criminal history check on the applicant's spouse;and
(2) obtain a national criminal history background check on theapplicant through the state police department underIC 10-13-3-39.
(e) An applicant must do the following:
(1) Conduct a criminal history check of the applicant's:
(A) employees;
(B) volunteers; and
(C) household members who are:
(i) at least eighteen (18) years of age; or
(ii) less than eighteen (18) years of age but havepreviously been waived from juvenile court to adult court.
(2) Maintain records of each criminal history check.
As added by P.L.1-1993, SEC.141. Amended by P.L.61-1993,SEC.11; P.L.136-1993, SEC.15; P.L.109-2002, SEC.10;P.L.241-2003, SEC.13; P.L.145-2006, SEC.100.
IC 12-17.2-5-3.5
Drug testing
Sec. 3.5. (a) A child care home shall, at no expense to the state,maintain and make available to the division upon request a copy ofdrug testing results for:
(1) the provider;
(2) an individual who resides with the provider and who is atleast eighteen (18) years of age; and
(3) an individual who:
(A) is employed; or
(B) volunteers;
as a caregiver at the child care home.
The drug testing results for an individual described in subdivision (3)must be obtained before the individual is employed or allowed tovolunteer as a caregiver.
(b) A child care home shall maintain a written policy specifyingthe following:
(1) That the:
(A) use of:
(i) tobacco;
(ii) alcohol; or
(iii) a potentially toxic substance in a manner other thanthe substance's intended purpose; and
(B) use or possession of an illegal substance;
is prohibited in the child care home when child care is beingprovided.
(2) That drug testing of individuals who serve as caregivers atthe child care home 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), (b)(1)(A)(iii), or (b)(1)(B); or
(2) an individual refuses to submit to a drug test;
the child care home shall immediately suspend or terminate theindividual's employment or volunteer service.
(d) A child care home 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), (b)(1)(A)(iii), 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 home 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.29. Amended by P.L.6-2004, SEC.4;P.L.16-2006, SEC.5.
IC 12-17.2-5-4
Grounds for denial of license applications
Sec. 4. (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) a member of the applicant's household;
(C) 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
(D) 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, 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, or a member of theapplicant's household, 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 without
a license under IC 12-17.2-4-35.
(D) A misdemeanor for operating a child care home withouta license under section 35 of this chapter.
(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 IC 12-17.2-4;or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal convictionof:
(A) an employee or a volunteer of the applicant; or
(B) a member of the applicant's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by theapplicant; or
(B) member of the applicant's household is no longer amember of the applicant's household;
the criminal conviction of the former employee, former volunteer, orformer member does not require denial of a license application.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.17; P.L.1-1997, SEC.69; P.L.109-2002, SEC.11; P.L.146-2006,SEC.7; P.L.124-2007, SEC.5.
IC 12-17.2-5-5
Incomplete applications
Sec. 5. 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 12-17.2-5-6
Investigation of applicants
Sec. 6. The division shall investigate a person seeking licensureto determine whether the person is in compliance with this article.The investigation shall be conducted any time the home is inoperation in announced or unannounced visits. Activities mayinclude onsite inspections, record reading, observation, andinterviewing. The division may require that evidence of compliancewith the rules be presented in a form and manner specified in therules.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-6.3
Class I child care home Sec. 6.3. (a) To qualify for a license to operate a class I child carehome under this chapter, a person must do the following:
(1) Provide documentation to the division that the licensee hasreceived a high school diploma or a high school equivalencycertificate as described in IC 12-14-5-2.
(2) Provide documentation to the division that the licensee:
(A) has completed;
(B) is enrolled in; or
(C) agrees to complete within the next three (3) years;
a child development associate credential program or a similarprogram approved by the division.
(3) Complete the training course taught or approved by thedivision concerning safe sleeping practices for a child withinthe person's care as described in IC 12-17.2-2-1(10).
The division may grant a waiver or variance of the requirement undersubdivision (2).
(b) A class I child care home may serve a school age child duringa break in the school year that exceeds four (4) weeks if thefollowing conditions are met:
(1) The school age child:
(A) was in the home part time during the four (4) monthspreceding the break; or
(B) has a sibling attending the child care home.
(2) The child care home meets the following requirements:
(A) Provides at least thirty-five (35) square feet for eachchild.
(B) Maintains the child to staff ratio required under rulesadopted by the division for each age group of children inattendance.
(C) Provides age appropriate toys, games, equipment, andactivities for each age group of children enrolled.
(D) If the licensee does not reside in the child care home, thechild care home has:
(i) at least two (2) exits that comply with the exitrequirements for an E-3 building occupancy classificationunder the Indiana building code adopted by the fireprevention and building safety commission; and
(ii) an illuminated exit sign over each required exit oremergency lighting for each required exit.
(3) The licensee for the child care home has maintained a classI child care home license for at least twelve (12) children:
(A) for at least one (1) year; and
(B) without any citations for noncompliance.
As added by P.L.247-2001, SEC.8. Amended by P.L.162-2005,SEC.3.
IC 12-17.2-5-6.5
Qualification for licensure of class II child care home
Sec. 6.5. (a) To qualify for a license to operate a class II child carehome under this chapter, a person must do the following: (1) Provide all child care services on the first story of the childcare home unless the class II child care home meets theexceptions to the first story requirements contained in theIndiana building code adopted by the fire prevention andbuilding safety commission in effect at the time the class IIchild care home provider applies for licensure.
(2) Provide a smoke detection system that is:
(A) hard wired to the building's electrical system; and
(B) wired in a manner that activates all of the detectordevices in the building when one (1) detector device isactivated.
(3) Provide a fire extinguisher in each room that is used toprovide child care services.
(4) Meet:
(A) the exit requirements for an E-3 building occupancyclassification under the Indiana building code adopted by thefire prevention and building safety commission, except forany illumination requirements, in effect at the time the classII child care home provider initially applies for licensure;and
(B) the illumination requirements established in section6.3(b)(2)(D) of this chapter.
(5) Provide a minimum of thirty-five (35) square feet for eachchild.
(6) Conduct fire drills required under article 37 of the Indianafire prevention code adopted by the fire prevention and buildingsafety commission in effect at the time the class II child carehome provider applies for licensure.
(7) Apply for a license before July 1, 1996, or after June 30,2001.
(8) Comply with rules adopted by the division of familyresources for class II child care homes.
(9) Complete the training course taught or approved by thedivision concerning safe sleeping practices for a child withinthe person's care as described in IC 12-17.2-2-1(10).
(b) To qualify for a license to operate a class II child care homeunder this chapter, a person, before applying for the license, musthave:
(1) a class I child care home license; or
(2) at least one (1) year of experience as a caregiver in a childcare home or child care center.
As added by P.L.136-1993, SEC.18. Amended by P.L.106-1996,SEC.2; P.L.247-2001, SEC.9; P.L.162-2005, SEC.4; P.L.145-2006,SEC.101.
IC 12-17.2-5-7
Issuance of licenses
Sec. 7. 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 12-17.2-5-7.5
License indication of class I or II child care home; sanctions fornoncompliance with number of children or requirements of homewithin class
Sec. 7.5. (a) The license issued to a person for the operation of achild care home under section 7 of this chapter shall indicate whetherthe child care home is licensed as a class I child care home or a classII child care home.
(b) A person who:
(1) holds a license to operate a class I child care home; and
(2) at any time serves a number of children greater than thenumber allowed under IC 12-7-2-33.7;
is subject to sanctions under section 33 of this chapter, a civil penaltyunder section 34 of this chapter, and the criminal penalty set forth insection 35 of this chapter.
(c) A person who:
(1) holds a license to operate a class II child care home; and
(2) at any time:
(A) serves a number of children greater than the numberallowed under IC 12-7-2-33.8; or
(B) fails to comply with the requirements for class II childcare homes set forth in section 6.5 of this chapter;
is subject to sanctions under section 33 of this chapter, a civil penaltyunder section 34 of this chapter, and the criminal penalty set forth insection 35 of this chapter.
As added by P.L.136-1993, SEC.19.
IC 12-17.2-5-8
Eligibility for waivers and variances
Sec. 8. A child care home may be eligible to receive a waiver orvariance from the requirements of this chapter by complying withIC 12-17.2-2-10.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-9
Denial of licenses
Sec. 9. (a) The division shall deny a license when an applicantfails to 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 held 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 12-17.2-5-10
Delegation of investigations; issuance or notification of denial oflicenses; supervision and monitoring
Sec. 10. (a) The division may delegate the investigation of childcare homes to a person. The person is responsible for completing achild care home licensing study that shows substantial compliancewith child care rules and is the basis of a recommendation forlicensure to the division.
(b) The division shall issue the license or notify the person if alicense is not to be issued, giving the reasons for the denial.
(c) After licensure, the person shall supervise and monitor thechild care home in relation to the rules for licensure and shallrecommend subsequent licensing and enforcement actions.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-11
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 12-17.2-5-12
Expiration, transferability, display, and renewal of licenses; otherinformation
Sec. 12. (a) A license for a child care home 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; and
(2) a telephone number and an Internet site where informationmay be obtained from the division regarding:
(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 home is located.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,SEC.14.
IC 12-17.2-5-13
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 home is not in full operation.
(b) The provisional license shall be granted for not more than one(1) year and is subject to review every three (3) months.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-14
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 to correct the areasof noncompliance within the probationary period; and
(3) the division 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 home 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.15.
IC 12-17.2-5-15
Inspections
Sec. 15. The division shall do the following: (1) Make annual onsite inspections.
(2) Keep written records of the division's monitoring activitiesand inspections.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-16
Cooperation by licensees
Sec. 16. The licensee shall cooperate with the division in carryingout these activities, including permitting the division to conductannounced or unannounced inspections.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-17
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 home is inoperation.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-17.5
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.30.
IC 12-17.2-5-18
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 carehome.
(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 home.
(5) The parent, guardian, or custodian of the child at the childcare home.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-18.1
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 home where the licensee
provides 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.3. Amended by P.L.18-2003,SEC.31.
IC 12-17.2-5-18.2
Certifications required
Sec. 18.2. (a) At least one (1) adult individual who maintainsannual certification in a course of cardiopulmonary resuscitationapplicable to all age groups of children cared for by the child carehome shall be present at all times when a child is in the care of achild care home.
(b) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a child care home shall maintain currentcertification in first aid applicable to all age groups of children caredfor by the child care home.
As added by P.L.18-2003, SEC.32.
IC 12-17.2-5-18.6
Duties of child care home regarding missing child reports
Sec. 18.6. (a) Upon receiving a report under IC 31-36-1-4, a childcare home shall thoroughly inspect the report. If the child care homefinds that a child on the report required under IC 31-36-1-4 isenrolled at the child care home, the child care home 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 care homeshall attach a notice to the child's enrollment records stating that thechild has been reported missing. The child care home shall removethe notice when the center is notified under IC 31-36-2-6 that thechild has been found.
(c) If a request for the enrollment records of a missing child is
received, the child care home 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 home 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.9. Amended by P.L.1-1997, SEC.70;P.L.43-2009, SEC.15.
IC 12-17.2-5-18.7
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 home; and
(2) contact the parent or guardian of each child enrolled in thechild care home to inform the parent or guardian:
(A) that the division has issued an order to require thelicensee to cease operation of the child care home; 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 divisionshall maintain a written record of the approval.
As added by P.L.241-2003, SEC.16.
IC 12-17.2-5-19
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.17.
IC 12-17.2-5-20
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 home. 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.18.
IC 12-17.2-5-21
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 12-17.2-5-22
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 12-17.2-5-23
Cessation of operations upon suspension of license
Sec. 23. If a license is suspended, a licensed child care home shallcease operation and may not display the license.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-24
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 12-17.2-5-25 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 12-17.2-5-26
Cessation of operations upon revocation of license
Sec. 26. A child care home shall cease operation when the licenseof the child care home is revoked.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-27
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 home has been revoked or suspended.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,SEC.19.
IC 12-17.2-5-28
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 12-17.2-5-29
Investigation of unlicensed facilities; injunctions; civil penalties;removal of children
Sec. 29. (a) The division shall investigate a report of anunlicensed child care home 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 home is located.
(b) The attorney general or the county department of publicwelfare attorney may do the following:
(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 home if there is reasonable cause to believe that:
(A) the child care home 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 of
serious 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 home isoperating without a license required under this article.
(c) The division may provide for the removal of children fromchild care homes 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.102; P.L.1-2007, SEC.124.
IC 12-17.2-5-30
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 home is issued a license.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-31
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 12-17.2-5-32
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) a member of the licensee's household;
(C) 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
(D) 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 the
licensee, a volunteer of the licensee who has direct contact, ona regular and continuous basis, with children who are under thedirect supervision of the licensee, or a member of the licensee'shousehold, 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 IC 12-17.2-4-35.
(D) A misdemeanor for operating a child care home withouta license under section 35 of this chapter.
(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 IC 12-17.2-4;or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of:
(A) an employee or a volunteer of the licensee's; or
(B) a resident of the licensee's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by thelicensee; or
(B) member of the licensee's household is no longer amember of the licensee's household;
the criminal conviction of the former employee, former volunteer, orformer member does not require revocation of a license.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,SEC.20; P.L.1-1997, SEC.71; P.L.109-2002, SEC.12; P.L.146-2006,SEC.8; P.L.124-2007, SEC.6.
IC 12-17.2-5-33
Disciplinary sanctions
Sec. 33. (a) A licensee shall operate a child care home 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 12-17.2-5-34
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.103.
IC 12-17.2-5-35
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 12-17.2-5-36
Prohibition of care home classification for E building occupancy
Sec. 36. The fire prevention and building safety commission maynot adopt rules that classify a child care home as an E buildingoccupancy classification.
As added by P.L.136-1993, SEC.21.
IC 12-17.2-5-37
Investigation of abuse or neglect; child care home
Sec. 37. (a) The department of child services shall conduct aninvestigation of a claim of abuse or neglect at a child care home.
(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 home.
(c) If the department of child services makes a determinationunder IC 31-33-8-12 that abuse or neglect at the child care home issubstantiated, the department shall send a copy of its report to theappropriate licensing office at the division.
As added by P.L.146-2006, SEC.9.