Bill Text: IN SB0305 | 2013 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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 list of grounds for revocation of CCDF eligibility. Sets forth a list of
grounds for the revocation of licensure of child care homes and child
care centers and registration of child care ministries. Sets forth a
statutory list of conditions that are considered to pose an imminent
threat to the life or well-being of a child. Provides that a child care
ministry may be eligible for a probationary license in certain
March 4, 2013, read first time and referred to Committee on Families, Children, and Human Affairs.
April 8, 2013, amended, reported _ Do Pass.
Digest Continued
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 inthis style type.
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 orthis style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
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-Engrossed.html
April 8, 2013
ENGROSSED
SENATE BILL No. 305
_____
DIGEST OF SB 305
(Updated April 3, 2013 4:43 pm - DI 107)
Citations Affected: IC 4-21.5; IC 12-7; IC 12-17.2; IC 35-51;
noncode.
(Continued next page)
Effective: July 1, 2013.
Holdman
, Taylor, Randolph, Kruse
(HOUSE SPONSORS _ KUBACKI, MAHAN)
(HOUSE SPONSORS _ KUBACKI, MAHAN)
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.
February 22, 2013, engrossed.
February 25, 2013, read third time, passed. Yeas 50, nays 0.
February 25, 2013, pursuant to Senate Rule 35(c), technical correction.
February 26, 2013, engrossed.
HOUSE ACTION
March 4, 2013, read first time and referred to Committee on Families, Children, and Human Affairs.
April 8, 2013, amended, reported _ Do Pass.
Digest Continued
circumstances. Provides that if the division of family resources (the division) determines that a child care ministry is not operated by a church or religious ministry that is exempt from taxation, the division shall issue a notice that the child care ministry does not meet the requirements to operate as a child care ministry and an order for the child care ministry to cease operations. Extends the administrative review process for certain orders from the division to child care ministries. Sets forth a judicial review process for orders regarding child care providers to cease operations. Requires the committee on child care to study and make certain recommendations during the 2013 interim. (The introduced version of this bill was prepared by the committee on child care.)
April 8, 2013
First Regular Session 118th General Assembly (2013)
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
ENGROSSED
SENATE BILL No. 305
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-21.5-2-6; (13)ES0305.1.1. -->
SECTION 1. IC 4-21.5-2-6, AS AMENDED BY P.L.219-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. This article does not apply to the formulation,
issuance, or administrative review (but does apply to the judicial
review and civil enforcement) of any of the following:
(1) Except as provided in IC 12-17.2-4-18.7,and
IC 12-17.2-5-18.7, and IC 12-17.2-6-17, determinations by the
division of family resources and the department of child services.
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy and planning concerning recipients and applicants of Medicaid. However, this article does apply to determinations by the office of Medicaid policy and planning concerning providers.
(1) Except as provided in IC 12-17.2-4-18.7,
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy and planning concerning recipients and applicants of Medicaid. However, this article does apply to determinations by the office of Medicaid policy and planning concerning providers.
SOURCE: IC 12-7-2-55.8; (13)ES0305.1.2. -->
SECTION 2. IC 12-7-2-55.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 55.8. "Decertify", for purposes of IC 12-17.2-3.5,
means to remove, for any period of less than two (2) years, a
provider's eligibility to receive a voucher payment.
SOURCE: IC 12-7-2-77.2; (13)ES0305.1.3. -->
SECTION 3. IC 12-7-2-77.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 77.2. "Enforcement action", for purposes of
IC 12-17.2, refers to the following:
(1) Revocation or decertification of eligibility for a voucher payment under IC 12-17.2-3.5.
(2) Denial, suspension, or revocation of a license under IC 12-17.2-4 or IC 12-17.2-5.
(3) Denial, suspension, or revocation of a registration under IC 12-17.2-6.
(1) Revocation or decertification of eligibility for a voucher payment under IC 12-17.2-3.5.
(2) Denial, suspension, or revocation of a license under IC 12-17.2-4 or IC 12-17.2-5.
(3) Denial, suspension, or revocation of a registration under IC 12-17.2-6.
SOURCE: IC 12-7-2-149.1; (13)ES0305.1.4. -->
SECTION 4. IC 12-7-2-149.1, AS AMENDED BY P.L.143-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 149.1. "Provider" means the following:
(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 insubdivision subdivisions (4) and (6),
for purposes of IC 12-17.2, a person who operates a child care
center or child care home under IC 12-17.2.
(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.
(D) A child care ministry registered under IC 12-17.2-6.
(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.
(D) A child care ministry registered under IC 12-17.2-6.
SOURCE: IC 12-7-2-199.2; (13)ES0305.1.5. -->
SECTION 5. IC 12-7-2-199.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 199.2. "Volunteer" or
"volunteers", for purposes of IC 12-17.2-3.5, has the meaning set forth
in IC 12-17.2-3.5-1.7. IC 12-17.2, refers to an individual who,
without compensation, provides services to a child care home, child
care center, provider (as defined in section 149.1(4) of this
chapter), or child care ministry for at least eight (8) hours per
month.
SOURCE: IC 12-17.2-2-10; (13)ES0305.1.6. -->
SECTION 6. IC 12-17.2-2-10, AS AMENDED BY P.L.145-2006,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 10. (a) The division may grant a variance or
waiver of a rule governing child care centers, or child care homes. a
provider. A variance or waiver granted under this section must
promote statewide practices and must protect the rights of persons
affected by this article.
(b) The division may grant a variance to a rule ifan 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 ifan 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) The division may grant a variance to a rule if
(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
(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.
SOURCE: IC 12-17.2-3.5-1; (13)ES0305.1.7. -->
SECTION 7. IC 12-17.2-3.5-1, AS AMENDED BY P.L.124-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) This chapter applies to all child care
providers regardless of whether a provider is required to be licensed or
registered under this article. However, except as provided in section
4(b) of this chapter, a child care provider that is licensed under
IC 12-17.2-4 or IC 12-17.2-5 is considered to be in compliance with
this chapter. unless the child care provider is found to be in violation
of this chapter.
(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
(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.
SOURCE: IC 12-17.2-3.5-1.7; (13)ES0305.1.8. -->
SECTION 8. IC 12-17.2-3.5-1.7 IS REPEALED [EFFECTIVE
JULY 1, 2013]. Sec. 1.7. As used in this chapter, "volunteer" or
"volunteers" refers to an individual who, without compensation,
provides services to a provider.
SOURCE: IC 12-17.2-3.5-4; (13)ES0305.1.9. -->
SECTION 9. IC 12-17.2-3.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) A provider who:
(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)employs or otherwise allows an individual who has been
convicted of a crime specified under subdivision (1) to:
(A) serve asa caregiver to a child in an employee or
volunteer in the facility where the provider's care; provider
operates a child care program; or
(B) reside with the provider, if the provider operates a child care program in the provider's home;or
(3) has had a revocation of eligibility under this chapter during the immediately preceding two (2) years; or
(3) (4) fails to meet the requirements set forth in sections 5
through 12.1 of this chapter;
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;
(2) registration under IC 12-17.2-6; or
(3) 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, registration, or eligibility is in good standing.
(c) If the division decertifies a provider under this chapter, the provider:
(1) may reapply for eligibility to receive a voucher payment at any time that the provider is able to demonstrate compliance
(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;
(2) registration under IC 12-17.2-6; or
(3) 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, registration, or eligibility is in good standing.
(c) If the division decertifies a provider under this chapter, the provider:
(1) may reapply for eligibility to receive a voucher payment at any time that the provider is able to demonstrate compliance
with this chapter; and
(2) is not eligible to receive a voucher payment under this
chapter until the provider receives notice from the division
that the provider's application under subdivision (1) has been
approved.
SOURCE: IC 12-17.2-3.5-4.1; (13)ES0305.1.10. -->
SECTION 10. IC 12-17.2-3.5-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4.1. (a) This section
applies to the following:
(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;
as a caregiver at the facility where a provider operates a child care
program.
(b) If information used by the division underIC 31-33-17-6(7)
IC 31-33-26-16(a)(10) or obtained by the division under section 18
of this chapter indicates that an individual described in subsection (a)
has been named as an alleged a perpetrator, the following are ineligible
to receive a voucher payment:
(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;
as a caregiver at the facility where the provider operates a child
care program.
(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;
SOURCE: IC 12-17.2-3.5-5; (13)ES0305.1.11. -->
SECTION 11. IC 12-17.2-3.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) A provider shall
have:
(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) A provider shall meet sanitation standards established by the division for bathrooms and hand washing.
(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) A provider shall meet sanitation standards established by the division for bathrooms and hand washing.
SOURCE: IC 12-17.2-3.5-5.5; (13)ES0305.1.12. -->
SECTION 12. IC 12-17.2-3.5-5.5, AS AMENDED BY
P.L.162-2005, SECTION 2, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5.5. (a) A provider shall ensure that
a child in the provider's care is continually supervised by a caregiver.
(b) A provider who operates a child care program in the provider's
home (including a child care home licensed under IC 12-17.2-5) and
who receives a voucher payment under this chapter who cares for
children who are less than twelve (12) months of age shall:
(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.
SOURCE: IC 12-17.2-3.5-7; (13)ES0305.1.13. -->
SECTION 13. IC 12-17.2-3.5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) A provider shall
have written plans for notifying parents regarding the following:
(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.
(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.
SOURCE: IC 12-17.2-3.5-8; (13)ES0305.1.14. -->
SECTION 14. IC 12-17.2-3.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (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 a provider shall be present at all times when a child is in
the care of the provider.
(b) The following apply to an individual who
(1) is employed or
(2) volunteers
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.
(4) 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.
(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.
(4) 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.
SOURCE: IC 12-17.2-3.5-11; (13)ES0305.1.15. -->
SECTION 15. IC 12-17.2-3.5-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) A provider shall
provide for a safe environment by ensuring that the following items are
placed in areas that are inaccessible to the children in the provider's
care:
(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.
(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.
SOURCE: IC 12-17.2-3.5-16; (13)ES0305.1.16. -->
SECTION 16. IC 12-17.2-3.5-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 16. A provider is ineligible, and
the division may revoke for a period of not less than two (2) years
from the date on which a final determination is made under
IC 4-21.5 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.
(5) Allegations of welfare fraud committed by the provider have been substantiated by the division.
(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.
(5) Allegations of welfare fraud committed by the provider have been substantiated by the division.
SOURCE: IC 12-17.2-3.5-17; (13)ES0305.1.17. -->
SECTION 17. IC 12-17.2-3.5-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 17. (a) A provider is ineligible to
receive a voucher payment under this chapter if any of the
following conditions exist, posing an imminent threat to the life or
well-being of a child in the care of the provider at a facility where
the provider operates a child care program:
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision, which results in the death or serious injury of a child.
(12) The presence at the facility where the provider operates a child care program of an individual who is, based on the results of a criminal history background check required by this chapter, prohibited under this chapter from being present at the facility.
(b) If an employee or agent of the division determines that a condition described in subsection (a) exists at a facility where a provider that is currently eligible to receive a voucher payment under this chapter operates a child care program, the division shall:
(1) issue an emergency or another temporary order under IC 4-21.5-4 decertifying the provider; and
(2) contact the parent or guardian of each child in the care of the provider to inform the parent or guardian:
(A) that the division has issued an order decertifying the provider; and
(B) of the reason for the decertification;
pending the outcome of proceedings conducted under section 14 of this chapter. However, a provider's eligibility may be reinstated in accordance with subsection (e).
(c) An emergency or other 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.
(e) If, within the fifteen (15) day period beginning on the date on
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision, which results in the death or serious injury of a child.
(12) The presence at the facility where the provider operates a child care program of an individual who is, based on the results of a criminal history background check required by this chapter, prohibited under this chapter from being present at the facility.
(b) If an employee or agent of the division determines that a condition described in subsection (a) exists at a facility where a provider that is currently eligible to receive a voucher payment under this chapter operates a child care program, the division shall:
(1) issue an emergency or another temporary order under IC 4-21.5-4 decertifying the provider; and
(2) contact the parent or guardian of each child in the care of the provider to inform the parent or guardian:
(A) that the division has issued an order decertifying the provider; and
(B) of the reason for the decertification;
pending the outcome of proceedings conducted under section 14 of this chapter. However, a provider's eligibility may be reinstated in accordance with subsection (e).
(c) An emergency or other 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.
(e) If, within the fifteen (15) day period beginning on the date on
which an order is issued under subsection (b), the provider:
(1) submits to the division a remediation plan that is approved
for implementation by the division; and
(2) completes the remediation plan to the satisfaction of the
division;
the order issued under this section is void and the provider's
eligibility to receive a voucher payment is reinstated.
SOURCE: IC 12-17.2-3.5-18; (13)ES0305.1.18. -->
SECTION 18. IC 12-17.2-3.5-18 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 18. (a) Upon receiving notice of
a claim of abuse or neglect in a facility where a provider operates
a child care program, the department of child services shall:
(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.
SECTION 19. IC 12-17.2-4-18.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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: A child care center is ineligible for
licensure under this chapter if any of the following conditions exist,
posing an imminent threat to the life or well-being of a child in the
care of the child care center:
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision, which results in the death or serious injury of a child.
(12) The presence at the child care center of an individual who is, based on the results of a criminal history background check required by this chapter, prohibited under this chapter from being present at the child care center.
(b) If an employee or agent of the division determines that aviolation condition described in subsection (a) exists at a currently
licensed child care center, 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 center; and
(2) contact the parent or guardian of each child enrolled in the child care center 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 center; 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. However, a child care center may resume operation in accordance with subsection (e).
(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.
(e) If, within the fifteen (15) day period beginning on the date on which an order is issued under subsection (b), the child care center:
(1) submits to the division a remediation plan that is approved for implementation by the division; and
(2) completes the remediation plan to the satisfaction of the division;
the order issued under this section is void and the child care center may resume operation.
(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.
SECTION 19. IC 12-17.2-4-18.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 18.7. (a)
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision, which results in the death or serious injury of a child.
(12) The presence at the child care center of an individual who is, based on the results of a criminal history background check required by this chapter, prohibited under this chapter from being present at the child care center.
(b) If an employee or agent of the division determines that a
(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 center; and
(2) contact the parent or guardian of each child enrolled in the child care center 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 center; 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. However, a child care center may resume operation in accordance with subsection (e).
(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.
(e) If, within the fifteen (15) day period beginning on the date on which an order is issued under subsection (b), the child care center:
(1) submits to the division a remediation plan that is approved for implementation by the division; and
(2) completes the remediation plan to the satisfaction of the division;
the order issued under this section is void and the child care center may resume operation.
SOURCE: IC 12-17.2-4-28; (13)ES0305.1.20. -->
SECTION 20. IC 12-17.2-4-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 28. (a) A final decision
of the division made after a hearing is subject to judicial review under
IC 4-21.5-5.
(b) This chapter does not preclude a child care center from filing a petition under IC 12-17.2-7 in relation to an order of the division under section 18.7 of this chapter.
(b) This chapter does not preclude a child care center from filing a petition under IC 12-17.2-7 in relation to an order of the division under section 18.7 of this chapter.
SOURCE: IC 12-17.2-4-32; (13)ES0305.1.21. -->
SECTION 21. IC 12-17.2-4-32, AS AMENDED BY P.L.146-2006,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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) 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
(C) 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, or 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, 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 section 35 of this chapter.
(D) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35.
(3) A determination by the division that the licensee made false statements in the licensee's:
(A) application for licensure; or
(4) A determination by the division that the licensee made false
statements in the
(B) records required by the division.
(4) The licensee fails to correct a problem identified by the division within the period required by the division.
(5) Credible allegations of fraud have been made against the licensee, as determined by the division.
(6) Criminal charges of welfare fraud have been filed against the licensee.
(7) Allegations of welfare fraud committed by the licensee have been substantiated by the division.
(5) (8) A determination by the division that the licensee
previously operated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of an employee or a volunteer of the licensee; and
(2) the division determines that the employee or volunteer has been dismissed by the licensee;
the criminal conviction of the former employee or former volunteer does not require 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) 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
(C) 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, or 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, 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 section 35 of this chapter.
(D) A misdemeanor for operating a child care home without a license under IC 12-17.2-5-35.
(3) A determination by the division that the licensee made false statements in the licensee's:
(A) application for licensure; or
(B) records required by the division.
(4) The licensee fails to correct a problem identified by the division within the period required by the division.
(5) Credible allegations of fraud have been made against the licensee, as determined by the division.
(6) Criminal charges of welfare fraud have been filed against the licensee.
(7) Allegations of welfare fraud committed by the licensee have been substantiated by the division.
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of an employee or a volunteer of the licensee; and
(2) the division determines that the employee or volunteer has been dismissed by the licensee;
the criminal conviction of the former employee or former volunteer does not require revocation of a license.
SOURCE: IC 12-17.2-5-18.7; (13)ES0305.1.22. -->
SECTION 22. IC 12-17.2-5-18.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: 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: A child care home is ineligible for
licensure under this chapter if any of the following conditions exist,
posing an imminent threat to the life or well-being of a child in the
care of the child care home:
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision, which results in the death or serious injury of a child.
(12) The presence at the child care home of an individual who is, based on the results of a criminal history background check required by this chapter, prohibited under this chapter from being present at the child care home.
(b) If an employee or agent of the division determines that aviolation condition described in subsection (a) exists at a currently
licensed child care home, 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. However, a child care home may resume operation in accordance with subsection (e).
(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.
(e) If within the fifteen (15) day period beginning on the date on which an order is issued under subsection (b), the child care home:
(1) submits to the division a remediation plan that is approved for implementation by the division; and
(2) completes the remediation plan to the satisfaction of the division;
the order issued under this section is void and the child care home may resume operation.
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision, which results in the death or serious injury of a child.
(12) The presence at the child care home of an individual who is, based on the results of a criminal history background check required by this chapter, prohibited under this chapter from being present at the child care home.
(b) If an employee or agent of the division determines that a
(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. However, a child care home may resume operation in accordance with subsection (e).
(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.
(e) If within the fifteen (15) day period beginning on the date on which an order is issued under subsection (b), the child care home:
(1) submits to the division a remediation plan that is approved for implementation by the division; and
(2) completes the remediation plan to the satisfaction of the division;
the order issued under this section is void and the child care home may resume operation.
SOURCE: IC 12-17.2-5-28; (13)ES0305.1.23. -->
SECTION 23. IC 12-17.2-5-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 28. (a) A final decision
of the division made after a hearing is subject to judicial review under
IC 4-21.5-5.
(b) This chapter does not preclude a child care home from filing
a petition under IC 12-17.2-7 in relation to an order of the division
under section 18.7 of this chapter.
SOURCE: IC 12-17.2-5-32; (13)ES0305.1.24. -->
SECTION 24. IC 12-17.2-5-32, AS AMENDED BY P.L.124-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: 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:
(A) application for licensure; or
(4) A determination by the division that the licensee made false
statements in the
(B) records required by the division.
(4) The licensee fails to correct a problem identified by the division within the period required by the division.
(5) Credible allegations of fraud have been made against the licensee, as determined by the division.
(6) Criminal charges of welfare fraud have been filed against the licensee.
(7) Allegations of welfare fraud committed by the licensee have been substantiated by the division.
(5) (8) 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.
(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:
(A) application for licensure; or
(B) records required by the division.
(4) The licensee fails to correct a problem identified by the division within the period required by the division.
(5) Credible allegations of fraud have been made against the licensee, as determined by the division.
(6) Criminal charges of welfare fraud have been filed against the licensee.
(7) Allegations of welfare fraud committed by the licensee have been substantiated by the division.
(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.
SOURCE: IC 12-17.2-6-16; (13)ES0305.1.25. -->
SECTION 25. IC 12-17.2-6-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 16. (a) The division may grant a
probationary registration to a child care ministry that 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 in the care of the child care ministry;
(2) the child care ministry files a plan with the division or the state fire marshal to correct the areas of noncompliance within the probationary period; and
(3) the division or state fire marshal approves the plan.
(b) A probationary registration is valid for not more than six (6) months. The division may extend a probationary registration for one (1) additional period of six (6) months.
(c) A registration is invalidated when a probationary registration is issued.
(d) When the probationary registration expires, the division shall reinstate the original registration or revoke the registration.
(e) Upon receipt of a probationary registration, the child care ministry shall return to the division the previously issued registration.
(f) The division shall:
(1) upon issuing a probationary registration under this section, provide written notice to the child care ministry that the division will provide the notice required under subdivision (2); and
(2) not more than seven (7) days after issuing a probationary registration 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 ministry of the:
(A) issuance of the probationary registration; and
(B) reason for the issuance of the probationary registration.
(1) the noncompliance does not present an immediate threat to the health and well-being of the children in the care of the child care ministry;
(2) the child care ministry files a plan with the division or the state fire marshal to correct the areas of noncompliance within the probationary period; and
(3) the division or state fire marshal approves the plan.
(b) A probationary registration is valid for not more than six (6) months. The division may extend a probationary registration for one (1) additional period of six (6) months.
(c) A registration is invalidated when a probationary registration is issued.
(d) When the probationary registration expires, the division shall reinstate the original registration or revoke the registration.
(e) Upon receipt of a probationary registration, the child care ministry shall return to the division the previously issued registration.
(f) The division shall:
(1) upon issuing a probationary registration under this section, provide written notice to the child care ministry that the division will provide the notice required under subdivision (2); and
(2) not more than seven (7) days after issuing a probationary registration 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 ministry of the:
(A) issuance of the probationary registration; and
(B) reason for the issuance of the probationary registration.
SOURCE: IC 12-17.2-6-17; (13)ES0305.1.26. -->
SECTION 26. IC 12-17.2-6-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 17. (a) A child care ministry is
ineligible for registration under this chapter if any of the following
conditions exist, posing an imminent threat to the life or well-being
of a child in the care of the child care ministry:
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision, which results in the death or serious
(1) Building damage due to:
(A) earthquake;
(B) flooding or water damage;
(C) tornado;
(D) severe wind;
(E) ice storm;
(F) fire;
(G) lead contamination; or
(H) asbestos.
(2) Sewage problems as follows:
(A) Sewage backup.
(B) Toilets cannot be flushed or are overflowing.
(C) Sewage system is not operating properly.
(3) Inadequate or unsafe water supply as follows:
(A) Contaminated water supply.
(B) Water supply not functioning.
(4) No electricity in the building.
(5) Heating system problems.
(6) Gas, carbon monoxide, or other noxious gases leak.
(7) Filthy conditions.
(8) Rodent, roach, or vermin infestation.
(9) Building renovation occurring in a room or area occupied by children.
(10) Building condition that is structurally unsafe.
(11) Lack of supervision, which results in the death or serious
injury of a child.
(12) The presence at the child care ministry of an individual
who is, based on the results of a criminal history background
check required by this chapter, prohibited under this chapter
from being present at the child care ministry.
(b) If an employee or agent of the division determines that a
condition described in subsection (a) exists at a currently
registered child care ministry, the division shall:
(1) issue an emergency or other temporary order under
IC 4-21.5-4 requiring the child care ministry to immediately
cease operation; and
(2) contact the parent or guardian of each child in the care of
the child care ministry to inform the parent or guardian:
(A) that the division has issued an order to require the
child care ministry to cease operation; 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. However, a child care ministry may
resume operation in accordance with subsection (e).
(c) An emergency or other 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.
(e) If, within the fifteen (15) day period beginning on the date on
which an order is issued under subsection (b), the child care
ministry:
(1) submits to the division a remediation plan that is approved
for implementation by the division; and
(2) completes the remediation plan to the satisfaction of the
division;
the order issued under this section is void and the child care
ministry may resume operation.
SOURCE: IC 12-17.2-6-18; (13)ES0305.1.27. -->
SECTION 27. IC 12-17.2-6-18 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 18. (a) If the division determines
that a child care ministry is not operated by a:
(1) church that is recognized as a religious organization exempt from taxation under Section 501 of the Internal Revenue Code; or
(2) religious ministry that is recognized:
(A) as a religious organization exempt from taxation under Section 501 of the Internal Revenue Code; and
(B) by the Indiana secretary of state as a nonprofit religious corporation;
the division shall issue to the child care ministry written notice that the child care ministry does not meet the requirements of this chapter to operate as a registered child care ministry and an order for the child care ministry to cease operation as a registered child care ministry not later than thirty (30) days after the date the written notice and order is issued.
(b) If, within the thirty (30) day period described in subsection (a), the child care ministry:
(1) provides to the division documentation that the child care ministry is eligible to operate as a registered child care ministry, the division shall void the order issued under subsection (a); or
(2) fails to provide the documentation described in subdivision (1), the child care ministry shall cease operation as required by the written notice and order issued under subsection (a).
(c) A child care ministry that violates this section is subject to action under IC 12-17.2-4-29 or IC 12-17.2-5-29.
(1) church that is recognized as a religious organization exempt from taxation under Section 501 of the Internal Revenue Code; or
(2) religious ministry that is recognized:
(A) as a religious organization exempt from taxation under Section 501 of the Internal Revenue Code; and
(B) by the Indiana secretary of state as a nonprofit religious corporation;
the division shall issue to the child care ministry written notice that the child care ministry does not meet the requirements of this chapter to operate as a registered child care ministry and an order for the child care ministry to cease operation as a registered child care ministry not later than thirty (30) days after the date the written notice and order is issued.
(b) If, within the thirty (30) day period described in subsection (a), the child care ministry:
(1) provides to the division documentation that the child care ministry is eligible to operate as a registered child care ministry, the division shall void the order issued under subsection (a); or
(2) fails to provide the documentation described in subdivision (1), the child care ministry shall cease operation as required by the written notice and order issued under subsection (a).
(c) A child care ministry that violates this section is subject to action under IC 12-17.2-4-29 or IC 12-17.2-5-29.
SOURCE: IC 12-17.2-6-19; (13)ES0305.1.28. -->
SECTION 28. IC 12-17.2-6-19 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 19. Except as provided in section
17 or 29 of this chapter, the division shall give a child care ministry
thirty (30) calendar days written notice by certified mail of an
enforcement action against the child care ministry. The child care
ministry shall also be provided an opportunity for an informal
meeting with the division. The child care ministry must request the
meeting within ten (10) working days after receipt of the certified
notice.
SOURCE: IC 12-17.2-6-20; (13)ES0305.1.29. -->
SECTION 29. IC 12-17.2-6-20 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: 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 ministry. The request must be made within thirty (30)
calendar days after the child care ministry receives an order or
notice under section 17 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)
(b) The administrative hearing shall be held within sixty (60)
calendar days after the division receives the written request.
SOURCE: IC 12-17.2-6-21; (13)ES0305.1.30. -->
SECTION 30. IC 12-17.2-6-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 21. A hearing requested under
section 20 of this chapter shall be held in accordance with
IC 4-21.5-3.
SOURCE: IC 12-17.2-6-22; (13)ES0305.1.31. -->
SECTION 31. IC 12-17.2-6-22 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 22. The division shall issue a
decision within sixty (60) calendar days after the conclusion of a
hearing held under section 20 of this chapter.
SOURCE: IC 12-17.2-6-23; (13)ES0305.1.32. -->
SECTION 32. IC 12-17.2-6-23 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 23. If a child care ministry's
registration is suspended, the child care ministry shall cease
operation and may not display the registration.
SOURCE: IC 12-17.2-6-24; (13)ES0305.1.33. -->
SECTION 33. IC 12-17.2-6-24 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 24. To reinstate a suspended
registration, the following must occur:
(1) The child care ministry must, within thirty (30) 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 registration.
(3) The division must approve the plan.
(1) The child care ministry must, within thirty (30) 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 registration.
(3) The division must approve the plan.
SOURCE: IC 12-17.2-6-25; (13)ES0305.1.34. -->
SECTION 34. IC 12-17.2-6-25 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 25. Following the suspension of
a child care ministry's registration, the division shall do one (1) of
the following:
(1) Reinstate the registration.
(2) Revoke the registration.
(3) Issue to the child care ministry a new registration.
(4) Deny the child care ministry's reapplication for a registration.
(1) Reinstate the registration.
(2) Revoke the registration.
(3) Issue to the child care ministry a new registration.
(4) Deny the child care ministry's reapplication for a registration.
SOURCE: IC 12-17.2-6-26; (13)ES0305.1.35. -->
SECTION 35. IC 12-17.2-6-26 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 26. A child care ministry shall
cease operation when the registration of the child care ministry is
revoked.
SOURCE: IC 12-17.2-6-27; (13)ES0305.1.36. -->
SECTION 36. IC 12-17.2-6-27 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 27. (a) After a child care
ministry's registration is revoked or suspended, the division shall
publish notice of the revocation or suspension under IC 5-3-1 and
notify in writing each person responsible for a child in the care of
the child care ministry that the registration has been revoked or
suspended.
(b) The written notice shall be sent to the last known address of each person responsible for a child in the care of the child care ministry and shall state that the registration of the child care ministry has been revoked or suspended.
(b) The written notice shall be sent to the last known address of each person responsible for a child in the care of the child care ministry and shall state that the registration of the child care ministry has been revoked or suspended.
SOURCE: IC 12-17.2-6-28; (13)ES0305.1.37. -->
SECTION 37. IC 12-17.2-6-28 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 28. (a) A final decision of the
division made after a hearing under this chapter is subject to
judicial review under IC 4-21.5-5.
(b) This chapter does not preclude a child care ministry from filing a petition under IC 12-17.2-7 in relation to an order of the division under section 17 of this chapter.
(b) This chapter does not preclude a child care ministry from filing a petition under IC 12-17.2-7 in relation to an order of the division under section 17 of this chapter.
SOURCE: IC 12-17.2-6-29; (13)ES0305.1.38. -->
SECTION 38. IC 12-17.2-6-29 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 29. (a) The division shall
investigate a report of an unregistered child care ministry 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 ministry is located.
(b) The attorney general or the division's 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 ministry if there is reasonable cause to believe that:
(A) the child care ministry is operating without a registration required under this article; or
(B) the child care ministry'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
(b) The attorney general or the division's 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 ministry if there is reasonable cause to believe that:
(A) the child care ministry is operating without a registration required under this article; or
(B) the child care ministry'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
ministry is operating without a registration required under
this article.
(c) The division may provide for the removal of children from
a child care ministry described in subsection (b).
(d) A child care ministry subject to injunctive relief under this
section is entitled to an informal meeting with the division 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.
SOURCE: IC 12-17.2-6-30; (13)ES0305.1.39. -->
SECTION 39. IC 12-17.2-6-30 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 30. A court order granted under
section 29(b)(2)(A) of this chapter expires when the child care
ministry is issued a registration.
SOURCE: IC 12-17.2-6-31; (13)ES0305.1.40. -->
SECTION 40. IC 12-17.2-6-31 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: 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.
(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.
SOURCE: IC 12-17.2-6-32; (13)ES0305.1.41. -->
SECTION 41. IC 12-17.2-6-32 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 32. (a) The following constitute
sufficient grounds for revocation of a registration:
(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 operator or director of the child care ministry;
(B) an employee of the child care ministry who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the child care ministry; or
(C) a volunteer of the child care ministry who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the child care ministry.
(2) A criminal conviction of an employee of the child care
(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 operator or director of the child care ministry;
(B) an employee of the child care ministry who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the child care ministry; or
(C) a volunteer of the child care ministry who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the child care ministry.
(2) A criminal conviction of an employee of the child care
ministry who has direct contact, on a regular and continuous
basis, with children who are under the direct supervision of
the child care ministry, or a volunteer of the child care
ministry who has direct contact, on a regular and continuous
basis, with children who are under the direct supervision of
the child care ministry, 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 IC 12-17.2-5-35.
(3) A determination by the division that the child care
ministry made false statements in the child care ministry's:
(A) application for registration; or
(B) records required by the division.
(4) The child care ministry fails to correct a problem
identified by the division within the period required by the
division.
(5) Credible allegations of fraud have been made against the
child care ministry, as determined by the division.
(6) Criminal charges of welfare fraud have been filed against
the child care ministry.
(7) Allegations of welfare fraud committed by the child care
ministry have been substantiated by the division.
(8) A determination by the division that the child care
ministry 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 IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a registration is revoked due to a criminal conviction of an
employee or a volunteer of the child care ministry; and
(2) the division determines that the employee or volunteer has
been dismissed by the child care ministry;
the criminal conviction of the former employee or former
volunteer does not require revocation of the child care ministry's
registration.
SOURCE: IC 12-17.2-6-33; (13)ES0305.1.42. -->
SECTION 42. IC 12-17.2-6-33 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 33. (a) A child care ministry shall
operate 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 child care ministry has violated this
article.
(b) The division may impose any of the following sanctions when
the division finds that a child care ministry 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 child care ministry's registration for not
more than six (6) months; or
(B) revoke the child care ministry's registration.
(2) Seek civil remedies under section 29 of this chapter.
SOURCE: IC 12-17.2-6-34; (13)ES0305.1.43. -->
SECTION 43. IC 12-17.2-6-34 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: 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 a
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.
(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.
SOURCE: IC 12-17.2-6-35; (13)ES0305.1.44. -->
SECTION 44. IC 12-17.2-6-35 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 35. A person who knowingly or
intentionally violates this chapter commits a Class B misdemeanor.
SOURCE: IC 12-17.2-6-36; (13)ES0305.1.45. -->
SECTION 45. IC 12-17.2-6-36 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 36. (a) The department of child
services shall conduct an investigation of a claim of abuse or
neglect in a child care ministry.
(b) After an investigation under subsection (a), the department of child services shall make a determination of whether abuse or neglect occurred at the child care ministry.
(c) If the department of child services makes a determination under IC 31-33-8-12 that abuse or neglect at the child care ministry is substantiated, the department shall send a copy of its report to the appropriate office of the division.
(b) After an investigation under subsection (a), the department of child services shall make a determination of whether abuse or neglect occurred at the child care ministry.
(c) If the department of child services makes a determination under IC 31-33-8-12 that abuse or neglect at the child care ministry is substantiated, the department shall send a copy of its report to the appropriate office of the division.
SOURCE: IC 12-17.2-7; (13)ES0305.1.46. -->
SECTION 46. IC 12-17.2-7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]:
Chapter 7. Judicial Review
Sec. 1. If a child care provider receives an order from the division requiring a:
(1) child care center to cease operation under IC 12-17.2-4-18.7;
(2) child care home to cease operation under IC 12-17.2-5-18.7; or
(3) child care ministry to cease operation under IC 12-17.2-6-17;
the child care provider may petition the circuit court in the county in which the child care provider operates for a judicial review of the order.
Sec. 2. A petition for judicial review filed under section 1 of this chapter must:
(1) be filed within fifteen (15) days after the date on which the order is issued;
(2) be served upon the division in the manner provided for the service of summons in a civil action; and
(3) set forth allegations and supporting facts that the division acted in an arbitrary and capricious manner in issuing the order.
Sec. 3. A circuit court reviewing a petition under this chapter may require the division and the child care provider to provide copies of all records produced in the investigation of the child care provider and the issuance of the order.
Sec. 4. A circuit court shall provide notice to the division and the child care provider of:
(1) all deadlines for submission of records to the court; and
(2) all hearings regarding the petition.
Sec. 5. If the court finds that the division's issuance of an order described in section 1 of this chapter is arbitrary or capricious, the court may:
(1) order the division to rescind the order;
(2) order the division to reinvestigate the child care provider; or
(3) order that the child care provider remain open pending the division's reinvestigation of the provider.
Chapter 7. Judicial Review
Sec. 1. If a child care provider receives an order from the division requiring a:
(1) child care center to cease operation under IC 12-17.2-4-18.7;
(2) child care home to cease operation under IC 12-17.2-5-18.7; or
(3) child care ministry to cease operation under IC 12-17.2-6-17;
the child care provider may petition the circuit court in the county in which the child care provider operates for a judicial review of the order.
Sec. 2. A petition for judicial review filed under section 1 of this chapter must:
(1) be filed within fifteen (15) days after the date on which the order is issued;
(2) be served upon the division in the manner provided for the service of summons in a civil action; and
(3) set forth allegations and supporting facts that the division acted in an arbitrary and capricious manner in issuing the order.
Sec. 3. A circuit court reviewing a petition under this chapter may require the division and the child care provider to provide copies of all records produced in the investigation of the child care provider and the issuance of the order.
Sec. 4. A circuit court shall provide notice to the division and the child care provider of:
(1) all deadlines for submission of records to the court; and
(2) all hearings regarding the petition.
Sec. 5. If the court finds that the division's issuance of an order described in section 1 of this chapter is arbitrary or capricious, the court may:
(1) order the division to rescind the order;
(2) order the division to reinvestigate the child care provider; or
(3) order that the child care provider remain open pending the division's reinvestigation of the provider.
SOURCE: IC 35-51-12-1; (13)ES0305.1.47. -->
SECTION 47. IC 35-51-12-1, AS AMENDED BY P.L.6-2012,
SECTION 239, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. The following statutes define
crimes in IC 12:
IC 12-10-13-20 (Concerning long term care ombudsman program).
IC 12-11-13-16 (Concerning statewide waiver ombudsman).
IC 12-13-14-4.5 (Concerning electronic benefits transfer).
IC 12-14-22-8 (Concerning family assistance services).
IC 12-15-24-2 (Concerning Medicaid).
IC 12-15-35-44 (Concerning Medicaid).
IC 12-17.2-4-35 (Concerning day care regulation).
IC 12-17.2-5-35 (Concerning day care regulation).
IC 12-17.2-6-35 (Concerning day care regulation).
IC 12-17.6-6-12 (Concerning children's health insurance program).
IC 12-20-7-6 (Concerning township assistance).
IC 12-20-25-55 (Concerning township assistance).
IC 12-24-17-3 (Concerning state institutions).
IC 12-24-17-6 (Concerning state institutions).
IC 12-24-17-7 (Concerning state institutions).
IC 12-32-1-7 (Concerning verifications of eligibility for public benefits).
IC 12-10-13-20 (Concerning long term care ombudsman program).
IC 12-11-13-16 (Concerning statewide waiver ombudsman).
IC 12-13-14-4.5 (Concerning electronic benefits transfer).
IC 12-14-22-8 (Concerning family assistance services).
IC 12-15-24-2 (Concerning Medicaid).
IC 12-15-35-44 (Concerning Medicaid).
IC 12-17.2-4-35 (Concerning day care regulation).
IC 12-17.2-5-35 (Concerning day care regulation).
IC 12-17.2-6-35 (Concerning day care regulation).
IC 12-17.6-6-12 (Concerning children's health insurance program).
IC 12-20-7-6 (Concerning township assistance).
IC 12-20-25-55 (Concerning township assistance).
IC 12-24-17-3 (Concerning state institutions).
IC 12-24-17-6 (Concerning state institutions).
IC 12-24-17-7 (Concerning state institutions).
IC 12-32-1-7 (Concerning verifications of eligibility for public benefits).
SOURCE: ; (13)ES0305.1.48. -->
SECTION 48. [EFFECTIVE JULY 1, 2013] (a) The committee on
child care established by IC 12-17.2-3.3-2 shall, during the interim
in 2013 between sessions of the general assembly, study and make
recommendations related to child care including:
(1) child care standards that are inconsistent between the various types of child care providers;
(2) the appropriate minimum staff to child ratios for the various types of child care providers;
(3) the appropriate training and qualifications for child care staff;
(4) the differences in regulations applying to the various types of child care providers; and
(5) any other issue relevant to a comprehensive reform of child care standards and regulations.
(b) This SECTION expires December 31, 2013.
(1) child care standards that are inconsistent between the various types of child care providers;
(2) the appropriate minimum staff to child ratios for the various types of child care providers;
(3) the appropriate training and qualifications for child care staff;
(4) the differences in regulations applying to the various types of child care providers; and
(5) any other issue relevant to a comprehensive reform of child care standards and regulations.
(b) This SECTION expires December 31, 2013.
