CHAPTER 4. REGULATION OF FOSTER HOMES
IC 31-27-4
Chapter 4. Regulation of Foster Homes
IC 31-27-4-1
License required for operation
Sec. 1. (a) A person may not operate a foster family home withouta license issued under this article.
(b) The state or a political subdivision of the state may not operatea foster family home without a license issued under this article.
(c) A person may not operate a foster family home if:
(1) the number of children maintained on the premises at anyone (1) time is greater than the number authorized by thelicense; or
(2) the children are maintained in a building or place notdesignated by the license.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-2
Therapeutic foster home; licenses
Sec. 2. (a) A person may not operate a therapeutic foster familyhome without a license issued under this article.
(b) The state or a political subdivision of the state may not operatea therapeutic foster family home without a license issued under thisarticle.
(c) The department may issue a license only for a therapeuticfoster family home that meets:
(1) all the licensing requirements of a foster family home; and
(2) the additional requirements described in this section.
(d) An applicant for a therapeutic foster family home license mustdo the following:
(1) Be licensed as a foster parent under 465 IAC 2-1-1 et seq.
(2) Participate in preservice training that includes:
(A) preservice training to be licensed as a foster parent under465 IAC 2-1-1 et seq.; and
(B) additional preservice training in therapeutic foster care.
(e) A person who is issued a license to operate a therapeutic fosterfamily home shall, within one (1) year after meeting the trainingrequirements of subsection (d)(2) and, annually thereafter, participatein training that includes:
(1) training as required in order to be licensed as a foster parentunder 465 IAC 2-1-1 et seq.; and
(2) additional training in order to be licensed as a therapeuticfoster parent under this chapter.
(f) An operator of a therapeutic foster family home may notprovide supervision and care in a therapeutic foster family home tomore than two (2) foster children at the same time, not including thechildren for whom the applicant or operator is a parent, stepparent,guardian, custodian, or other relative. The department may grant anexception to this subsection whenever the placement of siblings inthe same therapeutic foster family home is desirable or in the best
interests of the foster children residing in the home.
(g) A therapeutic foster family home may provide care for anindividual receiving foster care for older youth under IC 31-28-5.7-1if the individual is no longer under the care and supervision of ajuvenile court.
(h) An individual who receives foster care for older youth underIC 31-28-5.7-1 in a therapeutic foster family home shall not beconsidered in determining whether the therapeutic foster familyhome meets or exceeds the limit set forth in subsection (f).
(i) The department shall adopt rules under IC 4-22-2, includingemergency rules under IC 4-22-2-37.1, necessary to carry out thissection, including rules governing the number of hours of trainingrequired under subsections (d) and (e).
As added by P.L.145-2006, SEC.273. Amended by P.L.143-2008,SEC.7; P.L.131-2009, SEC.36.
IC 31-27-4-3
Special needs foster home; licenses
Sec. 3. (a) A person may not operate a special needs foster familyhome without a license issued under this article.
(b) The state or a political subdivision of the state may not operatea special needs foster family home without a license issued underthis article.
(c) The department may only issue a license for a special needsfoster family home that meets:
(1) all the licensing requirements of a foster family home; and
(2) the additional requirements described in this section.
(d) An applicant for a special needs foster family home licensemust be licensed as a foster parent under 465 IAC 2-1-1 et seq. thatincludes participating in preservice training.
(e) A person who is issued a license to operate a special needsfoster family home shall, within one (1) year after meeting thetraining requirements of subsection (d) and, annually thereafter,participate in training that includes:
(1) training as required in order to be licensed as a foster parentunder 465 IAC 2-1-1 et seq.; and
(2) additional training that includes specialized training to meetthe child's or individual's specific needs.
(f) An operator of a special needs foster family home may notprovide supervision and care as a special needs foster family homeif more than:
(1) eight (8) individuals, each of whom:
(A) is less than eighteen (18) years of age; or
(B) is at least eighteen (18) years of age and is receiving careand supervision under an order of a juvenile court; or
(2) four (4) individuals less than six (6) years of age;
including the children or individuals for whom the provider is aparent, stepparent, guardian, custodian, or other relative, receive careand supervision in the home at the same time. Not more than four (4)of the eight (8) individuals described in subdivision (1) may be less
than six (6) years of age. The department may grant an exception tothis section whenever the department determines that the placementof siblings in the same special needs foster home is desirable.
(g) An individual who receives foster care for older youth underIC 31-28-5.7-1 in a special needs foster family home shall not beconsidered in determining whether the special needs foster familyhome meets or exceeds the limit set forth in subsection (f)(1).
(h) The department shall consider the specific needs of eachspecial needs foster child or individual whenever the departmentdetermines the appropriate number of children or individuals to placein the special needs foster home under subsection (f). Thedepartment may require a special needs foster family home toprovide care and supervision to less than the maximum number ofchildren or individuals allowed under subsection (f) uponconsideration of the specific needs of a special needs foster child orindividual.
(i) A special needs foster family home may provide care for anindividual receiving foster care for older youth under IC 31-28-5.7-1if the individual is no longer under the care and supervision of ajuvenile court.
(j) The department shall adopt rules under IC 4-22-2, includingemergency rules under IC 4-22-2-37.1, necessary to carry out thissection, including rules governing the number of hours of trainingrequired under subsection (e).
As added by P.L.145-2006, SEC.273. Amended by P.L.143-2008,SEC.8; P.L.131-2009, SEC.37.
IC 31-27-4-4
Consultation with fire prevention and building safety commission
Sec. 4. The fire prevention and building safety commission shallprovide consultation regarding the licensure of foster family homesto the department upon request.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-5
Apply for licenses; criminal history checks
Sec. 5. (a) An applicant must apply for a foster family homelicense on forms provided by the department.
(b) An applicant must submit the required information as part ofthe application.
(c) An applicant must submit with the application a statementattesting the following:
(1) That the applicant has not been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety ofchildren.
(2) That the applicant has not been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety ofchildren; during the pendency of the application.
(d) An applicant shall submit the necessary information, forms, orconsents for the department to conduct a criminal history check foreach individual who is an applicant.
(e) The department or, at the discretion of the department, anapplicant, shall conduct a criminal history check of:
(1) the applicant's employees and volunteers who have or willhave direct contact, on a regular and continuing basis, withchildren who are or will be under the direct supervision of theapplicant; and
(2) all household members who are at least fourteen (14) yearsof age.
(f) If the applicant conducts criminal history checks undersubsection (e), the applicant shall maintain records of theinformation received concerning each individual subject of acriminal history check.
(g) If the department conducts a criminal history check on behalfof an applicant under subsection (e), the department shall:
(1) make a determination whether the subject of a nationalfingerprint based criminal history check has a record of aconviction for:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of achild;
(2) notify the applicant of the determination under subdivision(1) without identifying a specific offense or other identifyinginformation concerning a conviction contained in the nationalcriminal history record information;
(3) submit to the applicant a copy of any state limited criminalhistory report that the department receives on behalf of anyperson described in subsection (e); and
(4) maintain a record of every report and all information thedepartment receives concerning a person described insubsection (e).
(h) Except as provided in subsection (i), a criminal history checkdescribed in subsection (e) is required only at the time an applicationfor a new license or the renewal of an existing license is submitted.
(i) With the exception of a fingerprint based criminal historybackground check under IC 31-9-2-22.5(1)(B) for a person describedin subsection (e)(1), a criminal history check concerning a persondescribed in subsection (e) must be completed on or before the dateon which the subject of the check is first employed or assigned as avolunteer in a position described in subsection (e)(1) or first becomesa resident of the applicant's household as described in subsection(e)(2). A fingerprint based criminal history background check underIC 31-9-2-22.5(1)(B) for a person described in subsection (e)(1) mustbe completed not later than the conclusion of the first ninety (90)days of employment in or assignment of a volunteer. However, if aperson described in this subsection has been the subject of a criminalhistory check that was conducted not more than one (1) year before
the date the license application is submitted to the department, a newcriminal history check of that person is not required.
(j) An applicant or a licensee described in subsection (e)(1) mayprovisionally employ an individual or assign a volunteer for whoma criminal history check is required during the period after theprocess of requesting fingerprint based criminal history backgroundcheck information has been initiated by or on behalf of the applicantor licensee but before the determination is obtained by orcommunicated to the applicant or licensee. If the determination is notreceived by not later than ninety (90) days after the effective date ofhire or volunteer assignment, the employee or volunteer relationshipmust be terminated or suspended until a determination is received.An employee or volunteer whose determination has not yet beenreceived may not have direct contact with a child who is or will beplaced at a facility operated by the applicant or licensee unless thedirect contact occurs only in the presence of a volunteer or employeeof the applicant or licensee who has been the subject of a completedand approved criminal history check. In determining whether toprovisionally hire or assign as a volunteer an individual described insubsection (e)(1), the applicant or licensee shall consider thefollowing:
(1) The training time required by an employee or a volunteer.
(2) The safety and security of the children under the supervisionof the applicant or licensee.
(3) The safety and security of the other staff and volunteersworking under the supervision of the applicant or licensee.
(4) The staffing concerns of the applicant or licensee.
(5) Any other factor relating to the safety and security of theapplicant's or licensee's operations.
(k) The department shall, at the applicant's request, inform theapplicant whether the department has or does not have a record of theperson who is the subject of a criminal history background check andif the department has identified the person as an alleged perpetratorof abuse or neglect. The department may not provide to the applicantany details or personally identifying information contained in anychild protective investigation report.
(l) A person who is the subject of a criminal history checkconducted in accordance with this section may request the statepolice department to provide the person with a copy of any state ornational criminal history report concerning the person.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,SEC.51.
IC 31-27-4-6
Grounds for denial of license applications
Sec. 6. (a) The following constitute sufficient grounds for a denialof a license application:
(1) A determination by the department of child abuse or neglectby:
(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;
(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; or
(D) a person residing in the applicant's residence who is atleast eighteen (18) years of age.
(2) A criminal conviction of the applicant of any of thefollowing:
(A) a felony;
(B) a misdemeanor related to the health and safety of a child;
(C) a misdemeanor for operating a child care center or childcare home without a license under IC 12-17.2-5; or
(D) a misdemeanor for operating a foster family homewithout a license under of this chapter (or IC 12-17.4-4before its repeal).
(3) A determination by the department that the applicant madefalse statements in the applicant's application for licensure.
(4) A determination by the department that the applicant madefalse statements in the records required by the department.
(5) A determination by the department that the applicantpreviously operated a:
(A) child care center or child care home without a licenseunder IC 12-17.2-5; or
(B) foster family home without a license under this chapter(or IC 12-17.4-4 before its repeal).
(b) An application for a license may also be denied if anindividual who resides in the residence of the applicant or anemployee or volunteer of the applicant who has direct contact on aregular and continuous basis with children who are under the directsupervision of the applicant has been convicted of any of thefollowing:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the healthand safety of a child, unless the applicant is granted a waiver bythe department to employ or assign the person as a volunteer ina position described in this subsection or to permit theindividual to reside in the applicant's residence.
(c) In determining whether to grant a waiver under subsection (b),the department shall consider the following factors:
(1) The length of time that has passed since the disqualifyingconviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposedemployment positions or volunteer assignment.
(5) The nature and extent of unsupervised contact with childrenresiding in the home.
(d) Notwithstanding subsection (a) or (b), if: (1) a license application could be denied due to a criminalconviction of, or a determination of child abuse or neglect by,an employee, a volunteer, or a person residing in the residenceof the applicant; and
(2) the department determines that the employee or volunteerhas been dismissed by the applicant or that the person residingin the residence no longer resides there;
the criminal conviction of, or determination of child abuse or neglectby, the former employee, former volunteer, or former householdresident does not constitute a sufficient basis for the denial of alicense application.
(e) The department may adopt rules to implement this section.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,SEC.52.
IC 31-27-4-7
Incomplete applications
Sec. 7. The department may not act on an incomplete application.The department shall return an incomplete application with anotation concerning omissions. The return of an incompleteapplication is without prejudice.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-8
Supervision and care limits
Sec. 8. (a) An applicant may not provide supervision and care asa foster family home if more than:
(1) eight (8) individuals, each of whom:
(A) is less than eighteen (18) years of age; or
(B) is at least eighteen (18) years of age and is receiving careand supervision under an order of a juvenile court; or
(2) four (4) individuals less than six (6) years of age;
including the children or individuals for whom the provider is aparent, stepparent, guardian, custodian, or other relative, receive careand supervision at the facility at the same time.
(b) Not more than four (4) of the eight (8) individuals insubsection (a)(1) may be less than six (6) years of age.
(c) The department may grant an exception to this sectionwhenever the department determines that the placement of siblingsin the same foster family home is desirable.
(d) An individual who receives foster care for older youth underIC 31-28-5.7-1 in a foster family home shall not be considered indetermining whether the foster family home meets or exceeds thelimit set forth in subsection (a)(1).
As added by P.L.145-2006, SEC.273. Amended by P.L.143-2008,SEC.9.
IC 31-27-4-9
Licensing of applicants providing care and supervision to relatives
Sec. 9. (a) An applicant may apply for a foster family home
license even if the applicant will be providing care and supervisionunder an order of a juvenile court to a niece, nephew, sibling, orgrandchild.
(b) If an applicant described in subsection (a) otherwise qualifiesfor a foster family home license, the department may issue a fosterfamily home license to the applicant.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-10
Investigation of applicants
Sec. 10. The department shall investigate a person seekinglicensure to determine whether the person is in compliance with thisarticle and the rules adopted under this article. The investigationshall be conducted at a reasonable time and in a reasonable mannerin announced or unannounced visits. Activities may include onsiteinspections, record reading, observation, and interviewing. Thedepartment may require that evidence of compliance with the rulesbe presented in a form and manner specified in the rules.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-11
Issuance of license
Sec. 11. The department shall issue a license to a person whomeets all the license requirements when an investigation shows theapplicant to be in compliance under this article.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-12
Eligibility for waivers and variances
Sec. 12. A foster family home may be eligible to receive a waiveror variance from the requirements of this chapter by complying withIC 31-27-2-8.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-13
Denial of license
Sec. 13. (a) The department shall deny a license when anapplicant fails to meet the requirements for a license. The departmentshall deny a license to an applicant who has been convicted of any ofthe following felonies:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1).
(7) Domestic battery (IC 35-42-2-1.3).
(8) Aggravated battery (IC 35-42-2-1.5).
(9) Kidnapping (IC 35-42-3-2).
(10) Criminal confinement (IC 35-42-3-3). (11) A felony sex offense under IC 35-42-4.
(12) Carjacking (IC 35-42-5-2).
(13) Arson (IC 35-43-1-1).
(14) Incest (IC 35-46-1-3).
(15) Neglect of a dependent (IC 35-46-1-4(a)(1) andIC 35-46-1-4(a)(2)).
(16) Child selling (IC 35-46-1-4(d)).
(17) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(18) A felony relating to controlled substances underIC 35-48-4.
(19) An offense relating to material or a performance that isharmful to minors or obscene under IC 35-49-3.
(20) A felony that is substantially equivalent to a felony listedin subdivisions (1) through (19) for which the conviction wasentered in another state.
The department may deny a license to an applicant who has beenconvicted of a felony that is not listed in this subsection.
(b) The department shall send written notice by certified mail thatthe application 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 not more than thirty (30) days after receiving thewritten notice under subsection (b).
(d) An administrative hearing shall be held not more than sixty(60) days after receiving a written request.
(e) An administrative hearing shall be held in accordance withIC 4-21.5-3.
(f) The department shall issue a decision not more than sixty (60)days after the conclusion of a hearing.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,SEC.53.
IC 31-27-4-14
Delegation of investigations
Sec. 14. (a) The department may delegate the investigation offoster family homes to a licensed child placing agency. The childplacing agency is responsible for completing a foster family homelicensing study that shows substantial compliance with foster familyhome rules and is the basis of a recommendation for licensure to thedepartment.
(b) The department shall:
(1) issue the license; or
(2) notify the child placing agency if a license is not issued,giving the reasons for the denial.
(c) After licensure the child placing agency shall supervise andmonitor the foster family home in relation to the rules for licensureand shall recommend subsequent licensing and enforcement actions.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-15 Investigation of unlicensed premises
Sec. 15. The department shall investigate any premises that thedepartment has reason to believe are being used for child carewithout a license in circumstances where a license is required.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-16
Duration of license; limitations; renewal
Sec. 16. (a) A license for a foster family home expires four (4)years after the date of issuance, unless the license is revoked,modified to a probationary 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 department.
(c) A foster family home shall have the foster family home'slicense available for inspection.
(d) If a licensee submits a timely application for renewal, thecurrent license shall remain in effect until the department issues alicense or denies the application.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.31.
IC 31-27-4-17
Probationary status; duration; expiration; extension
Sec. 17. (a) The department may place a licensee on probationarystatus if the licensee is temporarily unable to comply with a rule andif:
(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 department to correct theareas of noncompliance within the probationary period; and
(3) the department approves the plan.
(b) A probationary status period is for not more than six (6)months. However, the department may extend a probationary statusperiod for one (1) additional period of six (6) months.
(c) At the expiration of a probationary status period, thedepartment shall:
(1) reactivate the license to the end of the original term of thelicense;
(2) extend the probationary status period as permitted undersubsection (b); or
(3) revoke the license.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.32.
IC 31-27-4-18
Inspection of foster family homes
Sec. 18. The department may conduct an inspection of a foster
family home for the sole purpose of inquiry into matters as stated inthe rules, including those directly affecting the health, safety,treatment, and general well-being of the children protected under thisarticle.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-19
Records of monitoring activities and inspections
Sec. 19. The department shall keep written records of thedepartment's monitoring activities and onsite inspections.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-20
Cooperation by licensees
Sec. 20. The licensee shall cooperate with the department incarrying out the activities required by sections 18 through 19 of thischapter, including permitting the department to conduct announcedor unannounced inspections.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-21
Records regarding children
Sec. 21. (a) A licensee shall keep records required by thedepartment regarding each child in the control and care of thelicensee and shall report to the department upon request the facts thedepartment requires with reference to children.
(b) The department shall keep records regarding children and factslearned about children and the children's parents or relativesconfidential.
(c) The following have access to records regarding children andfacts learned about children:
(1) A state agency involved in the licensing of the foster familyhome.
(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 foster family home.
(5) The parent, guardian, or custodian of the child at the fosterfamily home.
(6) A citizen review panel established under IC 31-25-2-20.4.
(7) The department of child services ombudsman established byIC 4-13-19-3.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,SEC.54; P.L.182-2009(ss), SEC.375.
IC 31-27-4-22
Notice of enforcement actions; informal meetings
Sec. 22. The department shall give a licensee thirty (30) dayswritten notice by certified mail of an enforcement action. Thelicensee shall also be provided with the opportunity for an informal
meeting with the department. The licensee must request the meetingnot more than ten (10) working days after receipt of the certifiednotice.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-23
Administrative hearings
Sec. 23. (a) An administrative hearing concerning the decision ofthe department to impose a sanction under this chapter shall beprovided upon a written request by the licensee. The request must bemade not more than thirty (30) calendar days after the licenseereceives notice under section 22 of this chapter. The written requestmust be made separately from an informal meeting request madeunder section 22 of this chapter.
(b) An administrative hearing shall be held not more than sixty(60) days after the department receives a written request undersubsection (a).
As added by P.L.145-2006, SEC.273.
IC 31-27-4-24
Procedure for administrative hearings
Sec. 24. A hearing requested under section 23 of this chapter shallbe held in accordance with IC 4-21.5-3.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-25
Issuance of decisions
Sec. 25. The department shall issue a decision not more than sixty(60) days after the conclusion of a hearing.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-26
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-4-27
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-4-28
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-4-29
Cessation of operation following revocation of license
Sec. 29. A foster family home shall cease operation when thelicense of the foster family home is revoked.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-30 Notice
Sec. 30. (a) After the license of a foster family home is revoked,the department shall notify in writing each person responsible foreach child in care, to ensure that the children are removed from thefoster family home.
(b) The written notice shall be sent to the last known address ofthe person responsible for the child in care and must state that thelicense of the foster family home has been revoked.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.33.
IC 31-27-4-31
Judicial review
Sec. 31. A final decision of the department made after a hearingis subject to judicial review under IC 4-21.5-5.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-32
Grounds for revocation of license
Sec. 32. (a) The following constitute sufficient grounds forrevocation of a license:
(1) A determination by the department of child abuse or neglectby:
(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;
(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; or
(D) a person at least eighteen (18) years of age who isresiding in the home of the licensee.
(2) A criminal conviction of the licensee for any of thefollowing:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center or childcare home without a license under IC 12-17.2-5.
(D) A misdemeanor for operating a foster family homewithout a license under this chapter (or IC 12-17.4-4 beforeits repeal).
(3) A determination by the department that the licensee madefalse statements in the licensee's application for licensure.
(4) A determination by the department that the licensee madefalse statements in the records required by the department.
(5) A determination by the department that the licenseepreviously operated a:
(A) child care center or child care home without a licenseunder IC 12-17.2-5; or
(B) foster family home without a license under this chapter
(or IC 12-17.4-4 before its repeal).
(b) A license may also be revoked if an individual who resides inthe residence of the licensee or an employee or volunteer of thelicensee who has direct contact on a regular and continuous basiswith children who are under the direct supervision of the licensee hasbeen convicted of any of the following:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the healthand safety of a child, unless the licensee is granted a waiver bythe department to employ or assign the person as a volunteer ina position described in this subsection or to permit theindividual to reside in the licensee's residence.
(c) In determining whether to grant a waiver under subsection (b),the department shall consider the following factors:
(1) The length of time that has passed since the disqualifyingconviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposedemployment positions or volunteer assignment.
(d) Notwithstanding subsection (b), if:
(1) a license could be revoked due to a criminal conviction of,or a determination of child abuse or neglect by, an employee ora volunteer of the licensee or an individual residing in theresidence of the licensee; and
(2) the department determines that the employee or volunteerhas been dismissed by the licensee within a reasonable timeafter the licensee became aware of the conviction or that theindividual no longer resides in the licensee's residence;
the criminal conviction of, or determination of child abuse or neglectby, the former employee, former volunteer, or former householdresident does not constitute a sufficient basis for the revocation of alicense.
(e) The department may adopt rules to implement this section.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,SEC.55.
IC 31-27-4-33
Compliance with rules; disciplinary sanctions; revocation of license
Sec. 33. (a) A licensee shall operate a foster family home incompliance with the rules established under this article and is subjectto the disciplinary sanctions under subsection (b) if the departmentfinds that the licensee has violated this article or a rule adopted underthis article.
(b) After complying with the procedural provisions in sections 22through 25 of this chapter, the department may revoke the licensewhen the department finds that a licensee has committed a violationunder subsection (a). However, the department shall permanentlyrevoke the license of a licensee who has been convicted of any of thefelonies described in section 13(a)(1) through 13(a)(19) of this
chapter. The department may permanently revoke the license of aperson who has been convicted of a felony that is not described insection 13(a)(1) through 13(a)(19) of this chapter.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.34.
IC 31-27-4-34
Investigation of unlicensed home reports; enforcement
Sec. 34. (a) The department shall investigate a report of anunlicensed foster family home and report the department's findingsto the attorney general and to the county office and the prosecutingattorney in the county where the foster family home is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in theinvestigation.
(2) File an action for injunctive relief.
(3) Seek in a civil action a civil penalty not to exceed onehundred dollars ($100) a day for each day a foster family homeis operating without a license required under this article.
(c) The civil penalties collected under this section shall bedeposited in the department of child services child care fundestablished by IC 31-25-2-16.
As added by P.L.145-2006, SEC.273. Amended by P.L.1-2007,SEC.203.
IC 31-27-4-35
Notification of sexual contact or sex crime
Sec. 35. (a) A licensee must immediately contact the departmentif:
(1) a foster child less than sixteen (16) years of age, while livingin a foster home, engages in or is the victim of sexual contact(as defined in IC 25-1-9-3.5);
(2) a foster child, while living in a foster home, is:
(A) charged with or adjudicated as having committed an actthat would be a crime under IC 35-42-4 if committed by anadult;
(B) charged with or convicted of an offense underIC 35-42-4; or
(C) the victim of an offense under IC 35-42-4; or
(3) the licensee learns that a foster child has, before placementwith the licensee, engaged in or been the victim of an actdescribed in subdivision (1) or (2).
(b) The information provided to the department under subsection(a) must include:
(1) the name of the child;
(2) the date of the occurrence of the act if it can be determined;
(3) a description of the act;
(4) the name of the responding law enforcement agency if a lawenforcement agency is contacted; and
(5) any other information the licensee determines is relevant. (c) Notwithstanding any other law, the department shall provideinformation described in subsection (b)(1) through (b)(4), whetherreceived from a licensee or another reliable source, to:
(1) a prospective licensee before the placement of the fosterchild with that licensee; and
(2) each licensee with whom the foster child has previouslybeen placed.
(d) The notification requirements of subsection (c) apply to afoster child who has:
(1) engaged in sexual contact (as defined in IC 25-1-9-3.5) if thefoster child is less than sixteen (16) years of age;
(2) been charged with or adjudicated as having committed anact that would be a crime under IC 35-42-4 if committed by anadult; or
(3) been charged with or convicted of an offense underIC 35-42-4.
As added by P.L.145-2006, SEC.273.
IC 31-27-4-36
Violation of chapter
Sec. 36. A person who knowingly or intentionally violates thischapter commits a Class B misdemeanor.
As added by P.L.145-2006, SEC.273.