CHAPTER 6. REGULATION OF CHILD PLACING AGENCIES
IC 31-27-6
Chapter 6. Regulation of Child Placing Agencies
IC 31-27-6-1
Operation of a child placing agency
Sec. 1. (a) A person may not operate a child placing agencywithout a license issued under this article.
(b) The state or a political subdivision of the state may not operatea child placing agency without a license issued under this chapter.
(c) A child placing agency may not operate a foster family homeif:
(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 31-27-6-2
Apply for licenses; criminal history checks
Sec. 2. (a) An applicant must apply for a child placing agencylicense on forms provided by the department.
(b) An applicant must submit the required information as part ofthe application.
(c) The 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 undersubsection (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 itreceives concerning each person described in subsection (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 thedepartment receives concerning a person described insubsection (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 background check of a person described insubsection (d)(2) or (d)(3) must be completed on or before the dateon which the subject of the check is employed or assigned as avolunteer. However, a fingerprint based criminal history backgroundcheck under IC 31-9-2-22.5(1)(B) for a person described insubsection (d)(3) must be completed not later than the conclusion ofthe first ninety (90) days of employment in or assignment of avolunteer to a position described in subsection (d)(3). If a persondescribed in this subsection has been the subject of a criminal historybackground check (as described in IC 31-9-2-22.5) that wasconducted not more than one (1) year before the date the licenseapplication is submitted to the department, a new criminal historycheck of that person is not required.
(i) An applicant or a licensee may provisionally employ anindividual or assign a volunteer described in subsection (d)(3) forwhom a criminal history background check is required during theperiod after the process of requesting fingerprint based criminalhistory background check information has been initiated by or onbehalf of the applicant or licensee but before the determination isobtained by or communicated to the applicant or licensee. If thedetermination is not received within ninety (90) days after theeffective date of hire or volunteer assignment, the employee orvolunteer relationship must be terminated or suspended until adetermination is received. An employee or a volunteer whosedetermination has not yet been received may not have direct contactwith a child who is or will be placed at a facility operated by theapplicant or licensee unless the direct contact occurs only in the
presence of a volunteer or an employee of the applicant or licenseewho has been the subject of a completed and approved criminalhistory background check. In determining whether to provisionallyhire or assign as a volunteer an individual described in subsection(d)(3), the applicant or licensee shall consider the following:
(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 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.
(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.60.
IC 31-27-6-3
Grounds for denial of license applications
Sec. 3. (a) The following constitute sufficient grounds for 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 thelicensee, 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.61.
IC 31-27-6-4
Incomplete applications
Sec. 4. 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 31-27-6-5
Investigation of applicants Sec. 5. 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 rulesadopted under this article be presented in a form and mannerspecified in the rules.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-6
Issuance of license
Sec. 6. 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 31-27-6-7
Eligibility for waivers and variances
Sec. 7. A child placing agency 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 31-27-6-8
Denial of license
Sec. 8. (a) The department shall deny a license when an applicantfails to meet the requirements for a license.
(b) If the department denies an applicant a license undersubsection (a), the department shall send the applicant written noticeby certified 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 31-27-6-9
Investigation of unlicensed premises
Sec. 9. The department is responsible for investigating anypremises that the department has reason to believe are being used for
child care without a license in circumstances where a license isrequired.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-10
Duration of license; limitations; renewal
Sec. 10. (a) A license for a child placing agency 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 child placing agency shall have the child placing agency'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.39.
IC 31-27-6-11
Probationary status; duration; expiration; extension
Sec. 11. (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 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 insubsection (b); or
(3) revoke the original license.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.40.
IC 31-27-6-12
Inspections of agencies
Sec. 12. The department may conduct an inspection of a childplacing agency for the sole purpose of inquiry into matters as stated
in the 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 31-27-6-13
Records of monitoring activities and inspections
Sec. 13. The department shall keep written records of thedepartment's monitoring activities and onsite inspections.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-14
Cooperation by licensees
Sec. 14. The licensee shall cooperate with the department incarrying out the activities required by sections 12 through 13 of thischapter, including permitting the department to conduct announcedor unannounced inspections.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-15
Records regarding children
Sec. 15. (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 child placingagency.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) A citizen review panel established under IC 31-25-2-20.4.
(5) 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.62; P.L.182-2009(ss), SEC.377.
IC 31-27-6-16
Notice of enforcement actions
Sec. 16. 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 informalmeeting 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 31-27-6-17
Administrative hearings
Sec. 17. (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 16 of this chapter. The written request must be madeseparately from an informal meeting request made under section 16of 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 31-27-6-18
Procedure for administrative hearings
Sec. 18. A hearing requested under section 17 of this chapter shallbe held in accordance with IC 4-21.5-3.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-19
Issuance of decisions
Sec. 19. The department shall issue a decision not more than sixty(60) days after the conclusion of a hearing under section 17 of thischapter.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-20
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-6-21
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-6-22
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-6-23
Cessation of operation upon revocation of license
Sec. 23. A child placing agency shall cease operation when thelicense of the child placing agency is revoked.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-24
Notice
Sec. 24. (a) After the license of a child placing agency is revoked,the department shall notify in writing each person responsible foreach child in care to ensure that the children are removed from the
child placing agency.
(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 child placing agency has been revoked.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,SEC.41.
IC 31-27-6-25
Judicial review
Sec. 25. 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 31-27-6-26
Investigation of noncompliance; injunctions; corrective actionplans; informal meetings
Sec. 26. (a) The department shall investigate a report of a licensedchild placing agency's noncompliance with this article and the rulesadopted under this article if there is reasonable cause to believe thata licensee's noncompliance with this article and rules adopted underthis article creates an imminent danger of serious bodily injury to achild or an imminent danger to the health of a child and report thedepartment's findings to the attorney general and to the county officeand the prosecuting attorney in the county where the child placingagency 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 achild placing agency if there is reasonable cause to believe thata licensee'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 the children described in subsection (b).
(d) 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 31-27-6-27
Expiration of injunctions for noncompliance
Sec. 27. A court order granted under section 26(b)(2) of thischapter expires upon the later of the following:
(1) Sixty (60) days after the order is issued.
(2) When a final department decision is issued under sections16 through 19 of this chapter if notice of an enforcement actionis issued under section 16 of this chapter.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-28
Grounds for revocation of license
Sec. 28. (a) The following constitute sufficient grounds forrevocation of a license:
(1) A determination by the department of child abuse or neglect(as defined in IC 31-9-2-14) by:
(A) the licensee;
(B) an employee of the licensee who has direct contact, ona regular and continuous basis, with children who are underthe direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on aregular and continuous basis, with children who are underthe direct supervision of the licensee.
(2) A criminal conviction of the licensee, 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 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 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 ordetermination;
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.63.
IC 31-27-6-29
Compliance with rules; disciplinary sanctions; revocation of license
Sec. 29. (a) A licensee shall operate a child placing agency 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 16through 19 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.42.
IC 31-27-6-30
Investigation of unlicensed operation; injunctions; civil penalties
Sec. 30. (a) The department shall investigate a report of anunlicensed child placing agency and report the department's findingsto the attorney general and to the county office and the prosecutingattorney in the county where the child placing agency 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 achild placing agency if there is reasonable cause to believe thatthe child placing agency is operating without a license requiredunder this article.
(3) Seek in a civil action a civil penalty not to exceed onehundred dollars ($100) a day for each day a child placingagency is operating 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 fund,established by IC 31-25-2-16.As added by P.L.145-2006, SEC.273. Amended by P.L.1-2007,SEC.205.
IC 31-27-6-31
Expiration of injunctions for unlicensed operation
Sec. 31. A court order granted under section 30(b)(2) of thischapter expires when the child placing agency is issued a license.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-32
Violations of chapter
Sec. 32. A person who knowingly or intentionally violates thischapter commits a Class B misdemeanor.
As added by P.L.145-2006, SEC.273.