CHAPTER 5. REGULATION OF GROUP HOMES
IC 31-27-5
Chapter 5. Regulation of Group Homes
IC 31-27-5-1
Group home operation; necessity for license; number of childrenand location of home
Sec. 1. (a) A person may not operate a group home without alicense issued under this article.
(b) The state or a political subdivision of the state may not operatea group home without a license issued under this article.
(c) A person may not operate a group 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 31-27-5-2
Conditions for issuance of license
Sec. 2. (a) A license may be issued only if the group home is insubstantial compliance with food, health, safety, and sanitationstandards as determined under rules adopted by the department underIC 31-27-2-4 or in accordance with a variance or waiver approved bythe department under IC 31-27-2-8.
(b) A license may be issued only if the group home is incompliance with the fire and life safety rules as determined by thestate fire marshal under rules adopted by the department underIC 31-27-2-4 or in accordance with a variance or waiver approved bythe department under IC 31-27-2-8.
(c) The department may issue a waiver or variance regarding adetermination by the state fire marshal or the department undersubsections (a) and (b).
As added by P.L.145-2006, SEC.273.
IC 31-27-5-3
Group home plat or deed restrictions
Sec. 3. (a) This section applies to:
(1) a restriction;
(2) a reservation;
(3) a condition;
(4) an exception; or
(5) a covenant;
that is created after June 30, 1990, in a subdivision plat, deed, orother instrument of or pertaining to the transfer, sale, lease, or use ofproperty.
(b) This section applies to a group home that houses:
(1) not more than ten (10) children; and
(2) only children who are judicially determined to be either:
(A) children in need of services under IC 31-34-1 (or
IC 31-6-4-3 or IC 31-6-4-3.1 before their repeal); or
(B) children who have committed a delinquent act underIC 31-37-2-2, IC 31-37-2-3, or IC 31-37-2-5 (orIC 31-6-4-1(a)(2), IC 31-6-4-1(a)(3), or IC 31-6-4-1(a)(5)before their repeal).
(c) A restriction, a reservation, a condition, an exception, or acovenant in a subdivision plat, deed, or other instrument of orpertaining to the:
(1) transfer;
(2) sale;
(3) lease; or
(4) use;
of property that would permit the residential use of property butprohibit the use of that property as a group home is, to the extent ofthe prohibition, void for public policy reasons.
(d) The prohibition described in subsection (c) is void even if theprohibition is based on any of the following grounds:
(1) The group home is a business.
(2) The persons residing in the group home are not related.
(3) Any other reason.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-4
Apply for licenses; criminal history checks
Sec. 4. (a) An applicant must apply for a group home license onforms 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) The department on behalf of an applicant, or, at the discretionof the department, an applicant, shall conduct a criminal historycheck of the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will beplaced.
(3) An employee or a volunteer of the applicant who has or willhave direct contact on a regular and continuing basis with achild who is or will be placed in a facility operated by theapplicant.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerningeach individual who is the subject of a criminal history check;and
(2) submit to the department a copy of the information theapplicant receives concerning each person described insubsection (d)(1) through (d)(3).
(f) If the department conducts a criminal history check on behalfof an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprintbased criminal history check has a record of a conviction 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 (d); and
(4) maintain a record of every report and all information itreceives concerning a person described in subsection (d).
(g) Except as provided in subsection (h), a criminal history checkdescribed in subsection (d) is required only at the time an applicationfor a new license or the renewal of an existing license is submitted.
(h) A criminal history check of a person described in subsection(d)(2) or (d)(3) must be completed on or before the date on which thesubject of the check is employed or assigned as a volunteer.However, a fingerprint based criminal history background checkunder IC 31-9-2-22.5(1)(B) for a person described in subsection (d)must be completed not later than the conclusion of the first ninety(90) days of employment in or assignment of a volunteer to aposition described in subsection (d). If a person described in thissubsection has been the subject of a criminal history check (asdescribed in IC 31-9-2-22.5) that was conducted not more than one(1) year before the date the license application is submitted to thedepartment, a new criminal history check of that person is notrequired.
(i) An applicant or licensee may provisionally employ anindividual or assign a volunteer described in subsection (d)(3) forwhom a 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 within ninety (90) days after the effective date of hire orvolunteer assignment, the employee or volunteer relationship mustbe terminated or suspended until a determination is received. Anemployee or volunteer whose determination has not yet been
received 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 (d)(3), 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.
(j) The department shall, at the applicant's request, inform theapplicant as to whether the department has or does not have a recordof the person who is the subject of a criminal history backgroundcheck and whether the department has identified the person as analleged perpetrator of abuse or neglect. The department may notprovide to the applicant any details or personally identifyinginformation contained in any child protective services investigationreport.
(k) 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.56.
IC 31-27-5-5
Establishment of county group home; operation
Sec. 5. (a) A county may establish a child group home. The grouphome may be operated by:
(1) the county; or
(2) a public or private agency under contract with the county;
and must be operated under the rules adopted by the director underthis article.
(b) This section does not affect the following:
(1) IC 31-31-1-1 or IC 31-40, requiring the county fiscal bodyto appropriate sufficient money to pay for services ordered bythe juvenile court.
(2) IC 31-31-8, authorizing the juvenile court to establishdetention and shelter care facilities.
(3) IC 12-13-5 and IC 12-19-1, requiring the department and thecounty office to provide care and treatment for delinquentchildren and children in need of services.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-6
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; 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, or the director ormanager of a facility where children will be placed by theapplicant, for any of the following:
(A) A felony.
(B) A misdemeanor related to the health and safety of achild.
(C) A misdemeanor for operating a child caring institution,foster family home, group home, or child placing agencywithout a license under this article (or IC 12-17.4 before itsrepeal).
(D) A misdemeanor for operating a child care center or childcare home without a license under IC 12-17.2.
(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 home or facility without a licenserequired under any applicable provision of this article (orIC 12-17.4 before its repeal) or IC 12-17.2.
(b) An application for a license may also be denied if an employeeor volunteer of the applicant who has direct contact on a regular andcontinuous basis with children who are under the direct supervisionof the applicant has been 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 applicant is granted a waiver bythe department to employ or assign the person as a volunteer ina position described in this subsection.
(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 (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 or a volunteer of the applicant; and
(2) the department determines that the employee or volunteerhas been dismissed by the applicant;
the criminal conviction of, or determination of child abuse or neglectby, the former employee or former volunteer does not constitute asufficient basis for the denial of a license 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.57.
IC 31-27-5-7
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 31-27-5-8
Investigation of applicants
Sec. 8. 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 31-27-5-9
Issuance of license
Sec. 9. The department shall issue a license to a person who meetsall of 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 31-27-5-10
Eligibility of waivers and variances
Sec. 10. A group home may be eligible to receive a waiver orvariance from the requirements of this chapter by complying withIC 31-27-2-8.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-11
Waiver of maximum group home stay
Sec. 11. (a) The department may grant a waiver of the sixty (60)
day maximum stay for a child if the group home licensed as a sheltercare facility applies for the waiver before the expiration of the sixty(60) day period.
(b) The group home shall document in the request for a waiverthat the waiver is in the best interest of the child.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-12
Denial of license
Sec. 12. (a) The department shall deny a license when anapplicant fails to meet the requirements for a license.
(b) The department shall send the applicant written notice bycertified mail that the application has been denied and give thereasons 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 the applicantreceives the written notice under subsection (b).
(d) An administrative hearing shall be held not more than sixty(60) days after the department receives a written request undersubsection (c).
(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 under this section.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-13
Investigation of unlicensed premises
Sec. 13. 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 31-27-5-14
Duration of license; limitations; renewal; public display
Sec. 14. (a) A license for a group home expires four (4) years afterthe date of issuance, unless the license is revoked, modified to aprobationary 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 current license shall be publicly displayed.
(d) If a licensee submits a timely application for renewal, thecurrent license remains in effect until the department issues a licenseor denies the application.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.35.
IC 31-27-5-15
Probationary status; duration; expiration; extension
Sec. 15. (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 in the care of thelicensee;
(2) the licensee files a plan with the department, the statedepartment of health, or the state fire marshal to correct theareas of noncompliance within the probationary period; and
(3) the department, the state department of health, or the statefire marshal 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 insubsection (b); or
(3) revoke the license.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.36.
IC 31-27-5-16
Inspections
Sec. 16. The department and the state fire marshal shall do thefollowing:
(1) Make annual onsite inspections.
(2) Keep written records of the monitoring activities andinspections.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-17
Cooperation by licensees
Sec. 17. A licensee shall cooperate with the department and thestate fire marshal in carrying out the activities required by section 16of this chapter, including permitting the department and the state firemarshal to conduct announced or unannounced inspections.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-18
Records
Sec. 18. (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 factsthe department requires with reference to children.
(b) The department shall keep records regarding children and facts
learned 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 group home.
(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 group home.
(5) The parent, guardian, or custodian of the child at the grouphome.
(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.58; P.L.182-2009(ss), SEC.376.
IC 31-27-5-19
Notice of enforcement actions; informal meetings
Sec. 19. Except as provided in section 29 of this chapter, thedepartment shall give a licensee thirty (30) days written notice bycertified mail of an enforcement action. The licensee shall also beprovided with the opportunity for an informal meeting with thedepartment. The licensee must request the meeting not more than ten(10) working days after receipt of the certified notice.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-20
Administrative hearings
Sec. 20. (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) days after the licensee receives noticeunder section 19 of this chapter. The written request must be madeseparately from an informal meeting request made under section 19of 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 31-27-5-21
Procedure for administrative hearings
Sec. 21. A hearing requested under section 20 of this chapter shallbe held under IC 4-21.5-3.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-22
Issuance of decisions
Sec. 22. The department shall issue a decision not more than sixty
(60) days after the conclusion of a hearing under section 20 of thechapter.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-23
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-5-24
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-5-25
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-5-26
Cessation of operation upon revocation of license
Sec. 26. A group home shall cease operation when the license ofthe group home is revoked.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-27
Notice
Sec. 27. (a) After the license of a group home is revoked, thedepartment shall notify in writing each person responsible for eachchild in care to ensure that the children are removed from the grouphome.
(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 group home has been revoked.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.37.
IC 31-27-5-28
Judicial review
Sec. 28. 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 31-27-5-29
Investigation of noncompliance; injunctions; corrective actionplans; removal of children; informal meetings
Sec. 29. (a) The department shall investigate a report of a licensedgroup home's noncompliance with this article and the rules adoptedunder this article if there is reasonable cause to believe thatnoncompliance with this article and rules adopted under this articlecreates an imminent danger of serious bodily injury to a child or animminent danger to the health of a child. The department shall reportits findings to the attorney general and to the county office and the
prosecuting attorney in the county where the group 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 to stop the operation of agroup home if there is reasonable cause to believe that thegroup home's noncompliance with this article and the rulesadopted under this article creates an imminent danger of seriousbodily injury to a child or an imminent danger to the health ofa child.
(c) The department may require a plan of corrective action foremergency protection of children described in subsection (b).
(d) The department may provide for the removal of children froma group home described in subsection (b).
(e) An opportunity for an informal meeting with the departmentshall be available after injunctive relief is ordered under subsection(b)(2).
As added by P.L.145-2006, SEC.273.
IC 31-27-5-30
Expiration of injunctions for noncompliance
Sec. 30. A court order granted under section 29(b)(2) of thischapter expires upon the later of the following:
(1) Sixty (60) days after the order is issued.
(2) When a final departmental decision is issued under sections20 through 22 of this chapter if notice of an enforcement actionis issued under section 19 of this chapter.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-31
Grounds for revocation of license
Sec. 31. (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; 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, or the director ormanager of a facility where children will be placed by thelicensee, for 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 caring institution,foster family home, group home, or child placing agencywithout a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or childcare home without a license under IC 12-17.2.
(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 home or facility without a licenserequired under any applicable provision of this article (orIC 12-17.4 before its repeal) or IC 12-17.2.
(b) A license may also be revoked if an employee or volunteer ofthe licensee 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.
(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 (a) or (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; 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;
the criminal conviction of, or determination of child abuse or neglectby, the former employee or former volunteer does not constitute asufficient basis for the revocation of a license.
(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.59.
IC 31-27-5-32
Compliance with rules; disciplinary sanctions; revocation of license
Sec. 32. (a) A licensee shall operate a group home in compliancewith the rules established under this article and is subject to thedisciplinary sanctions under subsection (b) if the department findsthat the licensee has violated this article or a rule adopted under thisarticle.
(b) After complying with the procedural provisions in sections 19
through 22 of this chapter, the department may revoke the licensewhen the department finds that a licensee has committed a violationunder subsection (a).
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.38.
IC 31-27-5-33
Investigation of unlicensed group homes; injunctions; civilpenalties
Sec. 33. (a) The department shall investigate a report of anunlicensed group home and report the department's findings to theattorney general and to the county office and the prosecuting attorneyin the county where the group 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 to stop the operation of agroup home if there is reasonable cause to believe that thegroup home is operating without a license required under thisarticle.
(3) Seek in a civil action a civil penalty not to exceed onehundred dollars ($100) a day for each day a group home isoperating without a license required under this article.
(c) An opportunity for an informal meeting with the departmentshall be available after injunctive relief is ordered under subsection(b)(2).
(d) 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.204.
IC 31-27-5-34
Expiration of injunctions for unlicensed operation
Sec. 34. A court order granted under section 33(b)(2) of thischapter expires when the group home is issued a license.
As added by P.L.145-2006, SEC.273.
IC 31-27-5-35
Violations of chapter
Sec. 35. A person who knowingly or intentionally violates thischapter commits a Class B misdemeanor.
As added by P.L.145-2006, SEC.273.