Bill Text: IN SB0305 | 2013 | Regular Session | Amended
Bill Title: Child care and development fund eligibility.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 225 [SB0305 Detail]
Download: Indiana-2013-SB0305-Amended.html
Citations Affected: IC 12-7; IC 12-17.2.
Synopsis: Child care regulation. Specifies requirements that must be
met by a child care provider as a condition of eligibility to receive a
federal Child Care and Development Fund voucher payment. Sets forth
a disciplinary process for suspension or revocation of eligibility. (The
introduced version of this bill was prepared by the committee on child
care.)
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Health and Provider
Services.
February 14, 2013, amended, reported favorably _ Do Pass.
February 21, 2013, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
(1) For purposes of IC 12-10-7, the meaning set forth in IC 12-10-7-3.
(2) For purposes of the following statutes, an individual, a partnership, a corporation, or a governmental entity that is enrolled in the Medicaid program under rules adopted under IC 4-22-2 by the office of Medicaid policy and planning:
(A) IC 12-14-1 through IC 12-14-9.5.
(B) IC 12-15, except IC 12-15-32, IC 12-15-33, and IC 12-15-34.
(C) IC 12-17.6.
(3) Except as provided in
(4) For purposes of IC 12-17.2-3.5, a person that:
(A) provides child care; and
(B) is directly paid for the provision of the child care under the federal Child Care and Development Fund voucher program administered under 45 CFR 98 and 45 CFR 99.
The term does not include an individual who provides services to a person described in clauses (A) and (B), regardless of whether the individual receives compensation.
(5) For purposes of IC 12-21-1 through IC 12-29-2, an organization:
(A) that:
(i) provides mental health services, as defined under 42 U.S.C. 300x-2(c);
(ii) provides addiction services; or
(iii) provides children's mental health services;
(B) that has entered into a provider agreement with the division of mental health and addiction under IC 12-21-2-7 to provide services in the least restrictive, most appropriate setting; and
(C) that is operated by one (1) of the following:
(i) A city, town, county, or other political subdivision of the state.
(ii) An agency of the state or of the United States.
(iii) A political subdivision of another state.
(iv) A hospital owned or operated by a unit of government or a building authority that is organized for the purpose of constructing facilities to be leased to units of government.
(v) A corporation incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.
(vi) An organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
(vii) A university or college.
(6) For purposes of IC 12-17.2-2-10, the following:
(A) A person described in subdivision (4).
(B) A child care center licensed under IC 12-17.2-4.
(C) A child care home licensed under IC 12-17.2-5.
affected by this article.
(b) The division may grant a variance to a rule if an applicant for a
license or a licensee under this chapter provider does the following:
(1) Submits to the division a written request for the variance in
the form and manner specified by the division.
(2) Documents that compliance with an alternative method of
compliance approved by the division will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the division.
Noncompliance constitutes the violation of a rule of the division and
may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if an applicant for a
license or a licensee under this chapter provider does the following:
(1) Submits to the division a written request for the waiver in the
form and manner specified by the division.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the division after
the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for the
waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission.
(b) If a school age child care program that is:
(1) described in IC 12-17.2-2-8(10); and
(2) located in a school building;
is determined to be in compliance with a requirement of this chapter by another state regulatory authority, the school age child care program is considered to be in compliance with the requirement under this chapter.
(1) has been convicted of a:
(A) felony;
(B) misdemeanor related to:
(i) the health or safety of a child; or
(ii) welfare fraud;
(C) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35; or
(D) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35;
(2)
(A) serve as
(B) reside with the provider, if the provider operates a child care program in the provider's home;
(3) has had a revocation of eligibility under this chapter during the immediately preceding two (2) years; or
is ineligible to receive a voucher payment.
(b) A provider whose:
(1) license under IC 12-17.2-4 or IC 12-17.2-5; or
(2) compliance with this chapter;
is subject to an enforcement action is ineligible to receive a voucher payment, regardless of whether the provider meets the requirements of this chapter, until the outcome of any proceeding under IC 4-21.5 reflects a final determination that the provider's license or eligibility is in good standing.
(1) A provider, if the provider is an individual.
(2) If a provider operates a child care program in the provider's home, an individual who resides with the provider and who is at least eighteen (18) years of age.
(3) An individual who:
(A) is employed; or
(B) volunteers;
(b) If information used by the division under
(1) The individual.
(2) A provider in whose home the individual resides if the provider operates a child care program in the provider's home.
(3) A provider that:
(A) employs the individual; or
(B) allows the individual to volunteer;
(1) working smoke detectors that meet the standards adopted by rule for smoke detectors in licensed child care homes; and
(2) hot and cold running water;
in the area of the facility where the provider operates a child care program.
(b) Sanitation standards must include bathroom and hand washing.
(b) A provider
(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and
(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.
(1) Illness, serious injury, or death of the provider.
(2) Care in an emergency.
(3) Emergency evacuation.
The plan required under subdivision (3) must be posted in a conspicuous location in the facility where the provider operates a child care program.
(b) A provider shall:
(1) maintain a written child discipline policy;
(2) ensure that all employees and volunteers follow the child discipline policy;
(3) provide the parent or legal guardian of each child cared for by the provider a written copy of the child discipline policy; and
(4) maintain in each child's file a copy of the child discipline policy that has been signed by the parent or legal guardian described in subdivision (3).
(c) A provider shall allow unscheduled visits by a parent or legal guardian to a facility where the provider operates a child care program during the hours the child care program is in operation.
(b) The following apply to an individual who
as a caregiver at a facility where a provider operates a child care program:
(1) The individual shall maintain current certification in first aid applicable to all age groups of children cared for by the provider.
(2) If the individual is:
(A) at least eighteen (18) years of age, the individual may act as a caregiver without supervision of another caregiver; or
(B) less than eighteen (18) years of age, the individual may
act as a caregiver only if the individual:
(i) is at least fourteen (14) years of age; and
(ii) is, at all times when child care is provided, directly
supervised by a caregiver who is at least eighteen (18)
years of age.
(3) The provider must verify that an employee or a volunteer
has received training concerning child abuse detection and
prevention.
(5) Before beginning employment or volunteer duties, the
individual must receive a formal orientation to the facility and
the child care program.
(c) A provider shall:
(1) maintain at the facility where the provider operates a child
care program documentation of all training required by this
section; and
(2) make the documentation available to the division upon
request.
(1) Firearms and ammunition.
(2) Poisons, chemicals, bleach, and cleaning materials.
(3) Medications.
(b) A provider shall do the following with respect to transporting children away from the facility where the provider operates a child care program:
(1) Obtain written permission from the child's parent or legal guardian to transport the child.
(2) Ensure that the child is transported only by an employee or a volunteer who:
(A) is at least eighteen (18) years of age;
(B) holds a valid driver's license; and
(C) transports the child in a properly licensed and insured motor vehicle.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 18. The division may suspend a
provider's eligibility to receive a voucher payment under this
chapter for any of the following reasons:
(1) The provider is determined by the division to have made
false statements in the provider's:
(A) application for eligibility to receive a voucher
payment; or
(B) records required by the division;
under this chapter.
(2) The provider fails to correct a problem identified by the
division within the period required by the division.
(3) Credible allegations of fraud have been made against the
provider, as determined by the division.
(4) Criminal charges of welfare fraud have been filed against
the provider.
(1) Any of the reasons for suspension described in section 18(1) through of 18(2) this chapter.
(2) Allegations of welfare fraud committed by the provider have been substantiated by the division.
(b) The administrative hearing shall be held within sixty (60) calendar days after the division receives the written request.
(1) The provider must, within thirty (30) calendar days after receiving 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 eligibility.
(3) The division must approve the plan.
(1) Reinstate the eligibility.
(2) Except as provided in subdivision (3), extend the suspension for not more than six (6) months.
(3) If criminal charges for welfare fraud are pending against the provider, extend the suspension until the criminal matter is resolved.
(4) Revoke the eligibility.
(b) The written notice shall be sent to the last known address of each person responsible for a child in the care of the provider.
(1) forward a copy of the notice to the division; and
(2) conduct an investigation of the claim.
(b) After an investigation under subsection (a), the department of child services shall make a determination of whether abuse or neglect occurred at the facility.
(c) If the department of child services makes a determination under IC 31-33-8-12 that abuse or neglect at the facility is substantiated, the department shall send a copy of the department's report to the appropriate office of the division.
