CHAPTER 2. GENERAL POWERS AND DUTIES OF THE DEPARTMENT
IC 31-27-2
Chapter 2. General Powers and Duties of the Department
IC 31-27-2-1
Duties of department of child services
Sec. 1. The department shall perform the following duties:
(1) Administer the licensing and monitoring of child caringinstitutions, foster family homes, group homes, and childplacing agencies in accordance with this article.
(2) Ensure that a criminal history background check of anapplicant is completed before issuing a license.
(3) Provide for the issuance, denial, and revocation of licenses.
(4) Cooperate with governing bodies of child caring institutions,foster family homes, group homes, and child placing agenciesand their staffs to improve standards of child care.
(5) Prepare at least biannually a directory of licensees, exceptfor foster family homes, with a description of the programcapacity and type of children served that will be distributed tothe legislature, licensees, and other interested parties as a publicdocument.
(6) Deposit all license application fees collected under section2 of this chapter in the department of child services child carefund established by IC 31-25-2-16.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.26; P.L.1-2007, SEC.201.
IC 31-27-2-2
Powers of department
Sec. 2. The department may do the following:
(1) Prescribe forms for reports, statements, notices, and otherdocuments required by this article or by the rules adopted underthis article.
(2) Increase public awareness of this article and the rulesadopted under this article by preparing and publishing manualsand guides explaining this article and the rules adopted underthis article.
(3) Facilitate compliance with and enforcement of this articlethrough the publication of materials under subdivision (2).
(4) Prepare reports and studies to advance the purpose of thisarticle.
(5) Seek the advice and recommendations of state agencieswhose information and knowledge would be of assistance inwriting, revising, or monitoring rules developed under thisarticle. These agencies, including the office of the attorneygeneral, state department of health, division of mental healthand addiction, bureau of criminal identification andinvestigation, and fire prevention and building safetycommission, shall upon request supply necessary informationto the department.
(6) Make the directory of licensees available to the public for a
charge not to exceed the cost of reproducing the directory.
(7) Charge a reasonable processing fee for each licenseapplication and renewal as follows:
(A) For a child caring institution or group home license, afee not to exceed three dollars ($3) for each licensed bedbased on total licensed bed capacity not to exceed amaximum fee of one hundred fifty dollars ($150).
(B) For a child placing agency license, a fee not to exceedfifty dollars ($50).
(8) Exercise any other regulatory and administrative powersnecessary to carry out the functions of the department.
As added by P.L.145-2006, SEC.273.
IC 31-27-2-3
Foster family home application fee prohibition
Sec. 3. The department may not charge an application fee for afoster family home.
As added by P.L.145-2006, SEC.273.
IC 31-27-2-4
Rules; establishment of standards
Sec. 4. (a) The department shall adopt rules under IC 4-22-2,including emergency rules under IC 4-22-2-37.1, concerning thelicensing and inspection of child caring institutions, foster familyhomes, group homes, and child placing agencies after consultationwith the following:
(1) State department of health.
(2) Fire prevention and building safety commission.
(b) The rules adopted under subsection (a) shall be applied by thedepartment and state fire marshal in the licensing and inspection ofapplicants for a license and licensees under this article.
(c) The rules adopted under IC 4-22-2 must establish minimumstandards for the care and treatment of children in a secure privatefacility.
(d) The rules described in subsection (c) must include standardsgoverning the following:
(1) Admission criteria.
(2) General physical and environmental conditions.
(3) Services and programs to be provided to confined children.
(4) Procedures for ongoing monitoring and discharge planning.
(5) Procedures for the care and control of confined persons thatare necessary to ensure the health, safety, and treatment ofconfined children.
(e) The department shall license a facility as a private securefacility if the facility:
(1) meets the minimum standards required under subsection (c);
(2) provides a continuum of care and services; and
(3) is:
(A) licensed under IC 12-25, IC 16-21-2, or IC 31-27-3; or
(B) a unit of a facility licensed under IC 12-25 or
IC 16-21-2;
regardless of the facility's duration of or previous licensure as a childcaring institution.
(f) A waiver of the rules may not be granted for treatment andreporting requirements.
As added by P.L.145-2006, SEC.273. Amended by P.L.131-2009,SEC.35.
IC 31-27-2-5
Monitoring of licensed entities
Sec. 5. (a) The department shall monitor the entities licensedunder this article for continued compliance with this article and therules adopted by the department, including conducting the following:
(1) Onsite inspections, record reading, observation, andinterviewing.
(2) An onsite licensing study at least one (1) time a year inannounced or unannounced visits.
(b) The department is entitled to access to the premises,personnel, children in care, and records, including case records,foster care records, personnel files, corporate and fiscal records, andboard minutes of the licensee. Access shall also be provided topersonnel from other state agencies or other persons who provideinspections at the request of the department.
As added by P.L.145-2006, SEC.273.
IC 31-27-2-6
Investigation of complaints
Sec. 6. The department shall investigate complaints to determinepossible noncompliance with the rules adopted by the department. Alicensee is entitled to add comments concerning a complaint to thelicensing file. The department shall consider all formal complaintsagainst a licensee before a license may be renewed.
As added by P.L.145-2006, SEC.273.
IC 31-27-2-7
Child caring institutions and group homes operated by churchesand religious ministries
Sec. 7. (a) Except as provided in subsections (b) and (c), thedepartment shall exempt from licensure a child caring institution anda group home operated by a church or religious ministry that is areligious organization exempt from federal income taxation underSection 501(c)(3) of the Internal Revenue Code (as defined inIC 6-3-1-11) and that does not:
(1) accept for care:
(A) a child who is a delinquent child under IC 31-37-1-1 orIC 31-37-2-1; or
(B) a child who is a child in need of services underIC 31-34-1-1 through IC 31-34-1-9; or
(2) operate a residential facility that provides child care on atwenty-four (24) hour basis for profit. (b) The department shall adopt rules under IC 4-22-2 to governthe inspection of a child caring institution and a group home operatedby a church or religious ministry with regard to sanitation.
(c) The fire prevention and building safety commission shalladopt rules under IC 4-22-2 to govern the inspection of a child caringinstitution and a group home operated by a church or religiousministry under this section. The rules must provide standards for firealarms and fire drills.
(d) A child caring institution and a group home operated by achurch or religious ministry under this section shall comply with therules established by the department and the fire prevention andbuilding safety commission under this section.
As added by P.L.145-2006, SEC.273.
IC 31-27-2-8
Granting of variances and waivers
Sec. 8. (a) The department may grant a variance or waiver of arule governing child caring institutions, foster family homes, grouphomes, or child placing agencies. A variance or waiver granted underthis section must promote statewide practices and must protect therights of persons affected by this article.
(b) The department may grant a variance to a rule if an applicantfor a license or a licensee under this article does the following:
(1) Submits to the department a written request for the variancein the form and manner specified by the department.
(2) Documents that compliance with an alternative method ofcompliance approved by the department will not be adverse tothe health, safety, or welfare of a child receiving services fromthe applicant for the variance, as determined by the department.
(c) A variance granted under subsection (b) must be conditionedupon compliance with the alternative method approved by thedepartment. Noncompliance constitutes the violation of a rule of thedepartment and may be the basis for revoking the variance.
(d) The department may grant a waiver of a rule if an applicant fora license or a licensee under this article does the following:
(1) Submits to the department a written request for the waiverin the form and manner specified by the department.
(2) Documents that compliance with the rule specified in theapplication for the waiver will create an undue hardship on theapplicant for the waiver, as determined by the department.
(3) Documents that the applicant for the waiver will be insubstantial compliance with the rules adopted by the departmentafter the waiver is granted, as determined by the department.
(4) Documents that noncompliance with the rule specified in theapplication for a waiver will not be adverse to the health, safety,or welfare of a child receiving services from the applicant forthe waiver, as determined by the department.
(e) Except for a variance or waiver of a rule governing fosterfamily homes, a variance or waiver of a rule under this section thatconflicts with a building rule or fire safety rule adopted by the fire
prevention and building safety commission is not effective until thevariance or waiver is approved by the fire prevention and buildingsafety commission.
As added by P.L.145-2006, SEC.273.
IC 31-27-2-9
Expiration of variances and waivers
Sec. 9. A waiver or variance granted under section 8 of thischapter and a waiver or variance renewed under section 10 of thischapter expires on the earliest of the following:
(1) The date when the license affected by the waiver or varianceexpires.
(2) The date set by the department for the expiration of thewaiver or variance.
(3) The occurrence of the event set by the department for theexpiration of the waiver or variance.
(4) Four (4) years after the date that the waiver or variancebecomes effective.
As added by P.L.145-2006, SEC.273.
IC 31-27-2-10
Renewal of variances and waivers
Sec. 10. (a) If the department determines that a waiver or varianceexpiring under section 9 of this chapter will continue to serve thepublic interest, the department may do the following:
(1) Renew the waiver or variance without modifications.
(2) Renew and modify the waiver or variance as needed topromote statewide practices and to protect the rights of personsaffected by this chapter.
(b) Before taking an action under subsection (a), the departmentmay require a licensee under this article to do the following:
(1) Apply for the renewal of a waiver or variance on the formspecified by the department.
(2) Provide the information required by the department.
(c) Except for a variance or waiver of a rule governing fosterfamily homes, before taking an action under subsection (a), thedepartment must obtain the approval of the fire prevention andbuilding safety commission for the action if either of the followingoccurs:
(1) The fire prevention and building safety commissionsubstantially changes a building rule or fire safety rule affectedby the waiver or variance after the date the commission lastapproved the waiver or variance.
(2) The department substantially modifies any part of a waiveror variance that conflicts with a building rule or fire safety ruleadopted by the fire prevention and building safety commission.
As added by P.L.145-2006, SEC.273.
IC 31-27-2-11
Revocation of variances and waivers Sec. 11. (a) If a licensee under this article violates a condition ofa waiver or variance under this chapter, the department may issue anorder revoking the waiver or variance before the waiver or varianceexpires under section 9 of this chapter.
(b) If a waiver or variance is revoked under subsection (a), thelicensee is entitled to notice and an opportunity for a hearing asprovided under this article.
As added by P.L.145-2006, SEC.273.