CHAPTER 5. REGULATION OF CHILD CARE HOMES
IC 12-17.2-5
Chapter 5. Regulation of Child Care Homes
IC 12-17.2-5-1
Operation of home without proper licensure; prohibition
Sec. 1. (a) A person may not operate a child care home without a
license issued under this article.
(b) The state or a political subdivision of the state may not operate
a child care home without a license issued under this article.
(c) A person may not operate a child care home if:
(1) the number of children maintained on the premises at any
one (1) time is greater than the number authorized by the
license; and
(2) the children are maintained in a building or place not
designated by the license.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,
SEC.16.
IC 12-17.2-5-2
Consultation with fire prevention and building safety commission
Sec. 2. The fire prevention and building safety commission must
provide consultation regarding the licensure of child care homes to
the division upon request.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-3
Applying for licenses
Sec. 3. (a) An applicant must apply for a child care home license
on forms provided by the division.
(b) An applicant must submit the required information as part of
the application.
(c) An applicant must submit with the application a statement
attesting that the applicant has not been:
(1) convicted of:
(A) a felony;
(B) a misdemeanor relating to the health or safety of
children;
(C) a misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home without
a license under section 35 of this chapter; and
(2) charged with:
(A) a felony;
(B) a misdemeanor relating to the health or safety of
children;
(C) a misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home without
a license under section 35 of this chapter;
during the pendency of the application.
(d) An applicant must submit the necessary information, forms, or
consents for the division to:
(1) conduct a criminal history check on the applicant's spouse;
and
(2) obtain a national criminal history background check on the
applicant through the state police department under
IC 10-13-3-39.
(e) An applicant must do the following:
(1) Conduct a criminal history check of the applicant's:
(A) employees;
(B) volunteers; and
(C) household members who are:
(i) at least eighteen (18) years of age; or
(ii) less than eighteen (18) years of age but have
previously been waived from juvenile court to adult court.
(2) Maintain records of each criminal history check.
As added by P.L.1-1993, SEC.141. Amended by P.L.61-1993,
SEC.11; P.L.136-1993, SEC.15; P.L.109-2002, SEC.10;
P.L.241-2003, SEC.13; P.L.145-2006, SEC.100.
IC 12-17.2-5-3.5
Drug testing
Sec. 3.5. (a) A child care home shall, at no expense to the state,
maintain and make available to the division upon request a copy of
drug testing results for:
(1) the provider;
(2) an individual who resides with the provider and who is at
least eighteen (18) years of age; and
(3) an individual who:
(A) is employed; or
(B) volunteers;
as a caregiver at the child care home.
The drug testing results for an individual described in subdivision (3)
must be obtained before the individual is employed or allowed to
volunteer as a caregiver.
(b) A child care home shall maintain a written policy specifying
the following:
(1) That the:
(A) use of:
(i) tobacco;
(ii) alcohol; or
(iii) a potentially toxic substance in a manner other than
the substance's intended purpose; and
(B) use or possession of an illegal substance;
is prohibited in the child care home when child care is being
provided.
(2) That drug testing of individuals who serve as caregivers at
the child care home will be:
(A) performed based on a protocol established or approved
by the division; and
(B) required if an individual is suspected of noncompliance
with the requirements specified under subdivision (1).
(c) If:
(1) the drug testing results obtained under subsection (a) or (b)
indicate the presence of a prohibited substance described in
subsection (b)(1)(A)(ii), (b)(1)(A)(iii), or (b)(1)(B); or
(2) an individual refuses to submit to a drug test;
the child care home shall immediately suspend or terminate the
individual's employment or volunteer service.
(d) A child care home that suspends an individual described in
subsection (c) shall maintain a written policy providing for
reinstatement of the individual following rehabilitation and drug
testing results that are negative for a prohibited substance described
in subsection (b)(1)(A)(ii), (b)(1)(A)(iii), or (b)(1)(B).
(e) Drug testing results obtained under this section are
confidential and may not be disclosed for any purpose other than the
purpose described in this section.
(f) A child care home that does not comply with this section is
subject to:
(1) denial of an application for a license; or
(2) suspension or revocation of a license issued;
under this chapter.
As added by P.L.18-2003, SEC.29. Amended by P.L.6-2004, SEC.4;
P.L.16-2006, SEC.5.
IC 12-17.2-5-4
Grounds for denial of license applications
Sec. 4. (a) The following constitute sufficient grounds for a denial
of a license application:
(1) A determination by the department of child services
established by IC 31-25-1-1 of child abuse or neglect (as
defined in IC 31-9-2-14) by:
(A) the applicant;
(B) a member of the applicant's household;
(C) an employee of the applicant who has direct contact, on
a regular and continuous basis, with children who are under
the direct supervision of the applicant; or
(D) a volunteer of the applicant who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the applicant.
(2) A criminal conviction of the applicant, an employee of the
applicant who has direct contact, on a regular and continuous
basis, with children who are under the direct supervision of the
applicant, a volunteer of the applicant who has direct contact,
on a regular and continuous basis, with children who are under
the direct supervision of the applicant, or a member of the
applicant's household, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35.
(D) A misdemeanor for operating a child care home without
a license under section 35 of this chapter.
(3) A determination by the division that the applicant made
false statements in the applicant's application for licensure.
(4) A determination by the division that the applicant made
false statements in the records required by the division.
(5) A determination by the division that the applicant previously
operated a:
(A) child care center without a license under IC 12-17.2-4;
or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction
of:
(A) an employee or a volunteer of the applicant; or
(B) a member of the applicant's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the
applicant; or
(B) member of the applicant's household is no longer a
member of the applicant's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require denial of a license application.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,
SEC.17; P.L.1-1997, SEC.69; P.L.109-2002, SEC.11; P.L.146-2006,
SEC.7; P.L.124-2007, SEC.5.
IC 12-17.2-5-5
Incomplete applications
Sec. 5. The division may not act on an incomplete application.
The division shall return an incomplete application with a notation
as to omissions. The return of an incomplete application shall be
without prejudice.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-6
Investigation of applicants
Sec. 6. The division shall investigate a person seeking licensure
to determine whether the person is in compliance with this article.
The investigation shall be conducted any time the home is in
operation in announced or unannounced visits. Activities may
include onsite inspections, record reading, observation, and
interviewing. The division may require that evidence of compliance
with the rules be presented in a form and manner specified in the
rules.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-6.3
Class I child care home
Sec. 6.3. (a) To qualify for a license to operate a class I child care
home under this chapter, a person must do the following:
(1) Provide documentation to the division that the licensee has
received a high school diploma or a high school equivalency
certificate as described in IC 12-14-5-2.
(2) Provide documentation to the division that the licensee:
(A) has completed;
(B) is enrolled in; or
(C) agrees to complete within the next three (3) years;
a child development associate credential program or a similar
program approved by the division.
(3) Complete the training course taught or approved by the
division concerning safe sleeping practices for a child within
the person's care as described in IC 12-17.2-2-1(10).
The division may grant a waiver or variance of the requirement under
subdivision (2).
(b) A class I child care home may serve a school age child during
a break in the school year that exceeds four (4) weeks if the
following conditions are met:
(1) The school age child:
(A) was in the home part time during the four (4) months
preceding the break; or
(B) has a sibling attending the child care home.
(2) The child care home meets the following requirements:
(A) Provides at least thirty-five (35) square feet for each
child.
(B) Maintains the child to staff ratio required under rules
adopted by the division for each age group of children in
attendance.
(C) Provides age appropriate toys, games, equipment, and
activities for each age group of children enrolled.
(D) If the licensee does not reside in the child care home, the
child care home has:
(i) at least two (2) exits that comply with the exit
requirements for an E-3 building occupancy classification
under the Indiana building code adopted by the fire
prevention and building safety commission; and
(ii) an illuminated exit sign over each required exit or
emergency lighting for each required exit.
(3) The licensee for the child care home has maintained a class
I child care home license for at least twelve (12) children:
(A) for at least one (1) year; and
(B) without any citations for noncompliance.
As added by P.L.247-2001, SEC.8. Amended by P.L.162-2005,
SEC.3.
IC 12-17.2-5-6.5
Qualification for licensure of class II child care home
Sec. 6.5. (a) To qualify for a license to operate a class II child care
home under this chapter, a person must do the following:
(1) Provide all child care services on the first story of the child
care home unless the class II child care home meets the
exceptions to the first story requirements contained in the
Indiana building code adopted by the fire prevention and
building safety commission in effect at the time the class II
child care home provider applies for licensure.
(2) Provide a smoke detection system that is:
(A) hard wired to the building's electrical system; and
(B) wired in a manner that activates all of the detector
devices in the building when one (1) detector device is
activated.
(3) Provide a fire extinguisher in each room that is used to
provide child care services.
(4) Meet:
(A) the exit requirements for an E-3 building occupancy
classification under the Indiana building code adopted by the
fire prevention and building safety commission, except for
any illumination requirements, in effect at the time the class
II child care home provider initially applies for licensure;
and
(B) the illumination requirements established in section
6.3(b)(2)(D) of this chapter.
(5) Provide a minimum of thirty-five (35) square feet for each
child.
(6) Conduct fire drills required under article 37 of the Indiana
fire prevention code adopted by the fire prevention and building
safety commission in effect at the time the class II child care
home provider applies for licensure.
(7) Apply for a license before July 1, 1996, or after June 30,
2001.
(8) Comply with rules adopted by the division of family
resources for class II child care homes.
(9) Complete the training course taught or approved by the
division concerning safe sleeping practices for a child within
the person's care as described in IC 12-17.2-2-1(10).
(b) To qualify for a license to operate a class II child care home
under this chapter, a person, before applying for the license, must
have:
(1) a class I child care home license; or
(2) at least one (1) year of experience as a caregiver in a child
care home or child care center.
As added by P.L.136-1993, SEC.18. Amended by P.L.106-1996,
SEC.2; P.L.247-2001, SEC.9; P.L.162-2005, SEC.4; P.L.145-2006,
SEC.101.
IC 12-17.2-5-7
Issuance of licenses
Sec. 7. The division shall issue a license to a person who meets all
of the license requirements when an investigation shows the
applicant to be in compliance under this article.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-7.5
License indication of class I or II child care home; sanctions for
noncompliance with number of children or requirements of home
within class
Sec. 7.5. (a) The license issued to a person for the operation of a
child care home under section 7 of this chapter shall indicate whether
the child care home is licensed as a class I child care home or a class
II child care home.
(b) A person who:
(1) holds a license to operate a class I child care home; and
(2) at any time serves a number of children greater than the
number allowed under IC 12-7-2-33.7;
is subject to sanctions under section 33 of this chapter, a civil penalty
under section 34 of this chapter, and the criminal penalty set forth in
section 35 of this chapter.
(c) A person who:
(1) holds a license to operate a class II child care home; and
(2) at any time:
(A) serves a number of children greater than the number
allowed under IC 12-7-2-33.8; or
(B) fails to comply with the requirements for class II child
care homes set forth in section 6.5 of this chapter;
is subject to sanctions under section 33 of this chapter, a civil penalty
under section 34 of this chapter, and the criminal penalty set forth in
section 35 of this chapter.
As added by P.L.136-1993, SEC.19.
IC 12-17.2-5-8
Eligibility for waivers and variances
Sec. 8. A child care home may be eligible to receive a waiver or
variance from the requirements of this chapter by complying with
IC 12-17.2-2-10.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-9
Denial of licenses
Sec. 9. (a) The division shall deny a license when an applicant
fails to meet the requirements for a license.
(b) The division shall send written notice by certified mail that the
application has been denied and give the reasons for the denial.
(c) An administrative hearing concerning the denial of a license
shall be provided upon written request by the applicant. The request
must be made within thirty (30) calendar days after receiving the
written notice under subsection (b).
(d) The administrative hearing shall be held within sixty (60)
calendar days after receiving the written request.
(e) The administrative hearing shall be held in accordance with
IC 4-21.5-3.
(f) The division shall issue a decision within sixty (60) calendar
days after the conclusion of the hearing.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-10
Delegation of investigations; issuance or notification of denial of
licenses; supervision and monitoring
Sec. 10. (a) The division may delegate the investigation of child
care homes to a person. The person is responsible for completing a
child care home licensing study that shows substantial compliance
with child care rules and is the basis of a recommendation for
licensure to the division.
(b) The division shall issue the license or notify the person if a
license is not to be issued, giving the reasons for the denial.
(c) After licensure, the person shall supervise and monitor the
child care home in relation to the rules for licensure and shall
recommend subsequent licensing and enforcement actions.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-11
Investigation of unlicensed premises
Sec. 11. The division shall investigate any premises that the
division has reason to believe are being used for child care without
a license in circumstances where a license is required.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-12
Expiration, transferability, display, and renewal of licenses; other
information
Sec. 12. (a) A license for a child care home expires two (2) years
after the date of issuance, unless revoked, modified to a probationary
or suspended status, or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the division.
(c) A current license shall be publicly displayed.
(d) When a licensee submits a timely application for renewal, the
current license shall remain in effect until the division issues a
license or denies the application.
(e) A licensee shall publicly display and make available, as a
handout, written documentation of:
(1) any changes in the status of the licensee's license; and
(2) a telephone number and an Internet site where information
may be obtained from the division regarding:
(A) the current status of the licensee's license;
(B) any complaints filed with the division concerning the
licensee; and
(C) violations of this article by the licensee; and
(3) a telephone number of the office of the Indiana child care
resource and referral program of the county in which the child
care home is located.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,
SEC.14.
IC 12-17.2-5-13
Provisional licenses
Sec. 13. (a) The division may grant a provisional license to an
applicant who is not able to demonstrate compliance with a rule
because the child care home is not in full operation.
(b) The provisional license shall be granted for not more than one
(1) year and is subject to review every three (3) months.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-14
Probationary licenses
Sec. 14. (a) The division may grant a probationary license to a
licensee who is temporarily unable to comply with a rule if:
(1) the noncompliance does not present an immediate threat to
the health and well-being of the children;
(2) the licensee files a plan with the division to correct the areas
of noncompliance within the probationary period; and
(3) the division approves the plan.
(b) A probationary license is valid for not more than six (6)
months. The division may extend a probationary license for one (1)
additional period of six (6) months.
(c) An existing license is invalidated when a probationary license
is issued.
(d) At the expiration of the probationary license, the division shall
reinstate the original license to the end of the original term of the
license, issue a new license, or revoke the license.
(e) Upon receipt of a probationary license, the licensee shall
return to the division the previously issued license.
(f) The division shall:
(1) upon issuing a probationary license under this section,
provide written notice to the licensee that the division will
provide the notice required under subdivision (2); and
(2) not more than seven (7) days after issuing a probationary
license under this section, publish notice under IC 5-3-1 and
provide written notice to the parent or guardian of each child
enrolled in the child care home of the:
(A) issuance of the probationary license; and
(B) reason for the issuance of the probationary license.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,
SEC.15.
IC 12-17.2-5-15
Inspections
Sec. 15. The division shall do the following:
(1) Make annual onsite inspections.
(2) Keep written records of the division's monitoring activities
and inspections.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-16
Cooperation by licensees
Sec. 16. The licensee shall cooperate with the division in carrying
out these activities, including permitting the division to conduct
announced or unannounced inspections.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-17
Unscheduled visits by parents and guardians
Sec. 17. Unscheduled visits by a custodial parent or guardian of
a child shall be permitted at any time the child care home is in
operation.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-17.5
Supervision of children
Sec. 17.5. A licensee shall ensure that a child in the licensee's care
is continually supervised by a caregiver.
As added by P.L.18-2003, SEC.30.
IC 12-17.2-5-18
Records
Sec. 18. (a) A licensee shall keep records regarding each child in
the control and care of the licensee as the division requires and shall
report to the division, upon request, the facts the division requires
with reference to children.
(b) The division shall keep records regarding children and facts
learned about children and their parents or relatives confidential.
(c) The following are permitted access to records regarding
children and facts learned about children:
(1) A state agency involved in the licensing of the child care
home.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child
placed at the child care home.
(5) The parent, guardian, or custodian of the child at the child
care home.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-18.1
Immunizations
Sec. 18.1. (a) After December 31, 2002, a licensee shall maintain
and annually update documentation provided by the physician of
each child who is cared for in a child care home where the licensee
provides child care that the child has received complete age
appropriate immunizations, including:
(1) conjugated pneumococcal vaccine; and
(2) varicella vaccine or a demonstrated immunity to varicella.
The state department of health shall determine for each age level the
immunizations that constitute complete age appropriate
immunizations.
(b) A licensee meets the requirement of subsection (a) if:
(1) a child's parent:
(A) objects to immunizations for religious reasons; and
(B) provides documentation of the parent's objection;
(2) the child's physician provides documentation of a medical
reason the child should not be immunized; or
(3) the child's physician provides documentation that the child
is currently in the process of receiving complete age appropriate
immunizations;
and the licensee maintains and annually updates the documentation
provided by the parent or physician under this subsection.
As added by P.L.121-2002, SEC.3. Amended by P.L.18-2003,
SEC.31.
IC 12-17.2-5-18.2
Certifications required
Sec. 18.2. (a) At least one (1) adult individual who maintains
annual certification in a course of cardiopulmonary resuscitation
applicable to all age groups of children cared for by the child care
home shall be present at all times when a child is in the care of a
child care home.
(b) An individual who:
(1) is employed; or
(2) volunteers;
as a caregiver at a child care home shall maintain current
certification in first aid applicable to all age groups of children cared
for by the child care home.
As added by P.L.18-2003, SEC.32.
IC 12-17.2-5-18.6
Duties of child care home regarding missing child reports
Sec. 18.6. (a) Upon receiving a report under IC 31-36-1-4, a child
care home shall thoroughly inspect the report. If the child care home
finds that a child on the report required under IC 31-36-1-4 is
enrolled at the child care home, the child care home shall
immediately notify the Indiana clearinghouse for information on
missing children and missing endangered adults.
(b) Upon receiving a report under IC 31-36-1-4, a child care home
shall attach a notice to the child's enrollment records stating that the
child has been reported missing. The child care home shall remove
the notice when the center is notified under IC 31-36-2-6 that the
child has been found.
(c) If a request for the enrollment records of a missing child is
received, the child care home shall:
(1) obtain:
(A) the name, address, and telephone number of the person
making the request; and
(B) the reason that the person is requesting the school
records; and
(2) immediately notify the Indiana clearinghouse for
information on missing children and missing endangered adults.
(d) The child care home may not issue a copy of the enrollment
records of a child reported missing without authorization from the
Indiana clearinghouse for information on missing children and
missing endangered adults and may not inform the person making the
request that a notice that the child has been reported missing has
been attached to the child's records.
As added by P.L.12-1994, SEC.9. Amended by P.L.1-1997, SEC.70;
P.L.43-2009, SEC.15.
IC 12-17.2-5-18.7
Violations posing immediate threat to life or well-being of child;
orders
Sec. 18.7. (a) The division shall adopt rules under IC 4-22-2 to
establish a list of violations of this article that would pose an
immediate threat to the life or well-being of a child in the care of a
licensee.
(b) If an employee or agent of the division determines that a
violation described in subsection (a) exists, the division shall:
(1) issue an emergency or another temporary order under
IC 4-21.5-4 requiring the licensee to immediately cease
operation of the child care home; and
(2) contact the parent or guardian of each child enrolled in the
child care home to inform the parent or guardian:
(A) that the division has issued an order to require the
licensee to cease operation of the child care home; and
(B) of the reason for the order to cease operation;
pending the outcome of proceedings conducted under sections 20
through 22 of this chapter.
(c) An emergency or another temporary order issued by an
employee or agent of the division must be approved by the director.
(d) An approval under subsection (c) may be communicated orally
to the employee or agent issuing the order. However, the division
shall maintain a written record of the approval.
As added by P.L.241-2003, SEC.16.
IC 12-17.2-5-19
Notice of enforcement actions; informal meetings
Sec. 19. Except as provided in section 18.7 or 29 of this chapter,
the division shall give a licensee thirty (30) calendar days written
notice by certified mail of an enforcement action. The licensee shall
also be provided with the opportunity for an informal meeting with
the division. The licensee must request the meeting within ten (10)
working days after receipt of the certified notice.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,
SEC.17.
IC 12-17.2-5-20
Administrative hearings
Sec. 20. (a) An administrative hearing concerning the decision of
the division to impose a sanction under this chapter shall be provided
upon a written request by the child care home. The request must be
made within thirty (30) calendar days after receiving notice under
section 18.7 or 19 of this chapter. The written request must be made
separately from an informal meeting request made under section 19
of this chapter.
(b) The administrative hearing shall be held within sixty (60)
calendar days after receiving the written request.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,
SEC.18.
IC 12-17.2-5-21
Procedure for administrative hearings
Sec. 21. A hearing requested under section 20 of this chapter shall
be held in accordance with IC 4-21.5-3.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-22
Issuance of decisions
Sec. 22. The division shall issue a decision within sixty (60)
calendar days after the conclusion of the hearing.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-23
Cessation of operations upon suspension of license
Sec. 23. If a license is suspended, a licensed child care home shall
cease operation and may not display the license.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-24
Reinstatement of suspended licenses
Sec. 24. To reinstate a suspended license, the following must
occur:
(1) The licensee must, within thirty (30) days of the notice of
the suspension, submit a plan of corrective action to the division
for approval.
(2) The plan must outline the steps and timetable for immediate
correction of the violations that caused the division to suspend
the license.
(3) The division must approve the plan.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-25
Actions of division following suspensions of licenses
Sec. 25. Following the suspension, the division shall do one (1) of
the following:
(1) Reinstate the license for the term of the original license.
(2) Revoke the license.
(3) Issue a new license.
(4) Deny a reapplication.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-26
Cessation of operations upon revocation of license
Sec. 26. A child care home shall cease operation when the license
of the child care home is revoked.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-27
Notice of license revocation or suspension
Sec. 27. (a) After a license is revoked or suspended, the division
shall publish notice under IC 5-3-1 and notify in writing each person
responsible for the children in care that the license has been revoked
or suspended.
(b) The written notice shall be sent to the last known address of
the person responsible for the child in care and shall state that the
license of the child care home has been revoked or suspended.
As added by P.L.1-1993, SEC.141. Amended by P.L.241-2003,
SEC.19.
IC 12-17.2-5-28
Judicial review
Sec. 28. A final decision of the division made after a hearing is
subject to judicial review under IC 4-21.5-5.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-29
Investigation of unlicensed facilities; injunctions; civil penalties;
removal of children
Sec. 29. (a) The division shall investigate a report of an
unlicensed child care home and report the division's findings to the
attorney general and to the division's attorney and the prosecuting
attorney in the county where the child care home is located.
(b) The attorney general or the county department of public
welfare attorney may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
child care home if there is reasonable cause to believe that:
(A) the child care home is operating without a license
required under this article; or
(B) a licensee's noncompliance with this article and the rules
adopted under this article creates an imminent danger of
serious bodily injury to a child or an imminent danger to the
health of a child.
(3) Seek in a civil action a civil penalty not to exceed one
hundred dollars ($100) a day for each day a child care home is
operating without a license required under this article.
(c) The division may provide for the removal of children from
child care homes described in subsection (b).
(d) An opportunity for an informal meeting with the division shall
be available after the injunctive relief is ordered.
(e) The civil penalties collected under this section shall be
deposited in the division of family resources child care fund
established by IC 12-17.2-2-3.
(f) Section 34 of this chapter does not apply to the civil penalties
imposed under this section.
As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006,
SEC.102; P.L.1-2007, SEC.124.
IC 12-17.2-5-30
Expiration of injunctions for operation without a license
Sec. 30. A court order granted under section 29(b)(2)(A) of this
chapter expires when the child care home is issued a license.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-31
Expiration of injunctions for creation of imminent danger
Sec. 31. A court order granted under section 29(b)(2)(B) of this
chapter expires upon the later of the following:
(1) Sixty (60) calendar days after the order is issued.
(2) When a final division decision is issued under sections 20
through 22 of this chapter if notice of an enforcement action is
issued under section 19 of this chapter.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-32
Grounds for revocation of licenses
Sec. 32. (a) The following constitute sufficient grounds for
revocation of a license:
(1) A determination by the department of child services of child
abuse or neglect (as defined in IC 31-9-2-14) by:
(A) the licensee;
(B) a member of the licensee's household;
(C) an employee of the licensee who has direct contact, on
a regular and continuous basis, with children who are under
the direct supervision of the licensee; or
(D) a volunteer of the licensee who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the licensee.
(2) A criminal conviction of the licensee, an employee of the
licensee who has direct contact, on a regular and continuous
basis, with children who are under the direct supervision of the
licensee, a volunteer of the licensee who has direct contact, on
a regular and continuous basis, with children who are under the
direct supervision of the licensee, or a member of the licensee's
household, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35.
(D) A misdemeanor for operating a child care home without
a license under section 35 of this chapter.
(3) A determination by the division that the licensee made false
statements in the licensee's application for licensure.
(4) A determination by the division that the licensee made false
statements in the records required by the division.
(5) A determination by the division that the licensee previously
operated a:
(A) child care center without a license under IC 12-17.2-4;
or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of:
(A) an employee or a volunteer of the licensee's; or
(B) a resident of the licensee's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the
licensee; or
(B) member of the licensee's household is no longer a
member of the licensee's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require revocation of a license.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993,
SEC.20; P.L.1-1997, SEC.71; P.L.109-2002, SEC.12; P.L.146-2006,
SEC.8; P.L.124-2007, SEC.6.
IC 12-17.2-5-33
Disciplinary sanctions
Sec. 33. (a) A licensee shall operate a child care home in
compliance with the rules established under this article and is subject
to the disciplinary sanctions under subsection (b) if the division finds
that the licensee has violated this article.
(b) The division may impose any of the following sanctions when
the division finds that a licensee has committed a violation under
subsection (a):
(1) After complying with the procedural provisions in sections
19 through 22 of this chapter:
(A) suspend the license for not more than six (6) months; or
(B) revoke the license.
(2) Seek civil remedies under section 29 of this chapter.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-34
Civil penalty for violation of article
Sec. 34. (a) In addition to the other penalties imposed under this
chapter, the division may impose a civil penalty of not more than one
thousand dollars ($1,000) for the violation of this article.
(b) The division shall deposit the civil penalties collected under
this section in the division of family resources child care fund
established by IC 12-17.2-2-3.
As added by P.L.1-1993, SEC.141. Amended by P.L.145-2006,
SEC.103.
IC 12-17.2-5-35
Violations of chapter
Sec. 35. A person who knowingly or intentionally violates this
chapter commits a Class B misdemeanor.
As added by P.L.1-1993, SEC.141.
IC 12-17.2-5-36
Prohibition of care home classification for E building occupancy
Sec. 36. The fire prevention and building safety commission may
not adopt rules that classify a child care home as an E building
occupancy classification.
As added by P.L.136-1993, SEC.21.
IC 12-17.2-5-37
Investigation of abuse or neglect; child care home
Sec. 37. (a) The department of child services shall conduct an
investigation of a claim of abuse or neglect at a child care home.
(b) After an investigation under subsection (a), the department of
child services shall make a determination of whether or not abuse or
neglect occurred at the child care home.
(c) If the department of child services makes a determination
under IC 31-33-8-12 that abuse or neglect at the child care home is
substantiated, the department shall send a copy of its report to the
appropriate licensing office at the division.
As added by P.L.146-2006, SEC.9.