Bill Text: IN SB0305 | 2013 | Regular Session | Engrossed
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
Citations Affected: IC 12-7; IC 12-17.2; noncode.
Effective: July 1, 2013.
(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.
March 4, 2013, read first time and referred to Committee on Families, Children, and Human Affairs.
April 8, 2013, amended, reported _ Do Pass.
April 10, 2013, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
(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.
(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 subdivision 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.
(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.
(b) If a school age child care program that is:
(1) described in IC 12-17.2-2-8(10); and
(2) located in a school building;
is determined to be in compliance with a requirement of this chapter by another state regulatory authority, the school age child care program is considered to be in compliance with the requirement under this chapter.
(1) has been convicted of a:
(A) felony;
(B) misdemeanor related to:
(i) the health or safety of a child; or
(ii) welfare fraud;
(C) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35; or
(D) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35;
(2) employs or otherwise allows an individual who has been
convicted of a crime specified under subdivision (1) to:
(A) serve as a 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; or
(2) compliance with this chapter;
is subject to an enforcement action is ineligible to receive a voucher
payment, regardless of whether the provider meets the
requirements of this chapter, until the outcome of any proceeding
under IC 4-21.5 reflects a final determination that the provider's
license or eligibility is in good standing.
(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.
(1) A provider, if the provider is an individual.
(2) If a provider operates a child care program in the provider's home, an individual who resides with the provider and who is at least eighteen (18) years of age.
(3) An individual who:
(A) is employed; or
(B) volunteers;
(b) If information used by the division under
(1) The individual.
(2) A provider in whose home the individual resides if the provider operates a child care program in the provider's home.
(3) A provider that:
(A) employs the individual; or
(B) allows the individual to volunteer;
(1) working smoke detectors that meet the standards adopted by rule for smoke detectors in licensed child care homes; and
(2) hot and cold running water;
in the area of the facility where the provider operates a child care program.
(b) A provider shall meet sanitation standards established by the division for bathrooms and hand washing.
(b) A provider
(1) complete the training course provided or approved by the division under IC 12-17.2-2-1(10) concerning safe sleeping practices; and
(2) ensure that all caregivers of children who are less than twelve (12) months of age follow safe sleeping practices.
(1) Illness, serious injury, or death of the provider.
(2) Care in an emergency.
(3) Emergency evacuation.
The plan required under subdivision (3) must be posted in a conspicuous location in the facility where the provider operates a child care program.
(b) A provider shall:
(1) maintain a written child discipline policy;
(2) ensure that all employees and volunteers follow the child discipline policy;
(3) provide the parent or legal guardian of each child cared for by the provider a written copy of the child discipline policy; and
(4) maintain in each child's file a copy of the child discipline policy that has been signed by the parent or legal guardian described in subdivision (3).
(c) A provider shall allow unscheduled visits by a parent or legal guardian to a facility where the provider operates a child care program during the hours the child care program is in operation.
(b) The following apply to an individual who
as a caregiver at a facility where a provider operates a child care program:
(1) The individual shall maintain current certification in first aid applicable to all age groups of children cared for by the provider.
(2) If the individual is:
(A) at least eighteen (18) years of age, the individual may act as a caregiver without supervision of another caregiver; or
(B) less than eighteen (18) years of age, the individual may act as a caregiver only if the individual:
(i) is at least fourteen (14) years of age; and
(ii) is, at all times when child care is provided, directly supervised by a caregiver who is at least eighteen (18) years of age.
(3) The provider must verify that an employee or a volunteer has received training concerning child abuse detection and prevention.
(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.
(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) 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 noncompliance with this
chapter 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) 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.
(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.
(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.