Introduced Version
SENATE BILL No. 305
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-21.5-2-6; IC 12-7-2; IC 12-17.2.
Synopsis: Child care regulation. Specifies requirements that must be
met by a child care provider as a condition of eligibility to receive a
federal Child Care and Development Fund voucher payment. Sets forth
a disciplinary process for suspension or revocation of eligibility.
Requires certain child care providers to obtain national criminal history
background checks of individuals who are employed by or volunteer
for a provider. (The introduced version of this bill was prepared by the
committee on child care.)
Effective: July 1, 2013.
Taylor
January 8, 2013, read first time and referred to Committee on Health and Provider
Services.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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)IN0305.1.1. -->
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 12-17.2-3.5-17, IC 12-17.2-4-18.7,
and IC 12-17.2-5-18.7, 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.
SOURCE: IC 12-7-2-131.8; (13)IN0305.1.2. -->
SECTION 2. IC 12-7-2-131.8 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 131.8. "National criminal history
background check", for purposes of IC 12-17.2, means a national
criminal history background check conducted by the state police
department under IC 10-13-3-39.
SOURCE: IC 12-7-2-149.1; (13)IN0305.1.3. -->
SECTION 3. 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 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.
SOURCE: IC 12-17.2-2-1; (13)IN0305.1.4. -->
SECTION 4. IC 12-17.2-2-1, AS AMENDED BY P.L.1-2009,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. The division shall perform the
following duties:
(1) Administer the licensing and monitoring of child care centers
or child care homes in accordance with this article.
(2) Ensure that a national criminal history background check of
the applicant is completed through the state police department
under IC 10-13-3-39 before issuing a license.
(3) Ensure that a national criminal history background check of
a child care ministry applicant for registration is completed before
registering the child care ministry.
(4) Provide for the issuance, denial, suspension, and revocation of
licenses.
(5) Cooperate with governing bodies of child care centers and
child care homes and their staffs to improve standards of child
care.
(6) Prepare at least biannually a directory of licensees with a
description of the program capacity and type of children served
that will be distributed to the legislature, licensees, and other
interested parties as a public document.
(7) Deposit all license application fees collected under section 2
of this chapter in the division of family resources child care fund
established by IC 12-17.2-2-3. section 3 of this chapter.
(8) Require each child care center or child care home to record
proof of a child's date of birth before accepting the child. A child's
date of birth may be proven by the child's original birth certificate
or other reliable proof of the child's date of birth, including a duly
attested transcript of a birth certificate.
(9) Provide an Internet site through which members of the public
may obtain the following information:
(A) Information concerning violations of this article by a
licensed child care provider, including:
(i) the identity of the child care provider;
(ii) the date of the violation; and
(iii) action taken by the division in response to the violation.
(B) Current status of a child care provider's license.
(C) Other relevant information.
The Internet site may not contain the address of a child care home
or information identifying an individual child. However, the site
may include the county and ZIP code in which a child care home
is located.
(10) Provide or approve training concerning safe sleeping
practices for children to:
(A) a provider who operates a child care program in the
provider's home as described in IC 12-17.2-3.5-5.5(b);
IC 12-17.2-3.5-5.5; and
(B) a child care home licensed under IC 12-17.2-5;
including practices to reduce the risk of sudden infant death
syndrome.
SOURCE: IC 12-17.2-2-10; (13)IN0305.1.5. -->
SECTION 5. 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 if an applicant for a
license or a licensee under this chapter provider does the following:
(1) Submits to the division a written request for the variance in
the form and manner specified by the division.
(2) Documents that compliance with an alternative method of
compliance approved by the division will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the division.
Noncompliance constitutes the violation of a rule of the division and
may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if an applicant for a
license or a licensee under this chapter provider does the following:
(1) Submits to the division a written request for the waiver in the
form and manner specified by the division.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the division after
the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for the
waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission.
SOURCE: IC 12-17.2-3.5-1; (13)IN0305.1.6. -->
SECTION 6. 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
considered to be in compliance with the requirement under this
chapter.
SOURCE: IC 12-17.2-3.5-4; (13)IN0305.1.7. -->
SECTION 7. 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 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.
SOURCE: IC 12-17.2-3.5-4.1; (13)IN0305.1.8. -->
SECTION 8. 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 under
IC 31-33-17-6(7)
IC 31-33-26-16(a)(10) or obtained by the division under section 27
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.
SOURCE: IC 12-17.2-3.5-5; (13)IN0305.1.9. -->
SECTION 9. 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 maintain compliance with food, health,
safety, and sanitation standards as determined by the division
under rules adopted by the division under section 15 of this chapter
or in accordance with a variance or waiver approved by the
division under IC 12-17.2-2-10.
(c) The food, health, safety, and sanitation standards adopted
under subsection (b) must include all of the following
requirements:
(1) Bathroom and hand washing.
(2) Safe conditions in and on the grounds.
(3) Maximum capacity limits for the number of children
receiving care.
(4) Nutrition.
(5) Daily activities.
(6) Safety of motor vehicles used to transport children.
SOURCE: IC 12-17.2-3.5-5.5; (13)IN0305.1.10. -->
SECTION 10. 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 that 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.
(c) A provider that cares for:
(1) not more than sixteen (16) children at a facility where the
provider operates a child care program shall maintain a ratio
of children to caregivers in the same proportions as the child
to staff ratios that are required for a child care home under
IC 12-17.2-5; and
(2) more than sixteen (16) children at a facility where the
provider operates a child care program shall maintain a ratio
of children to caregivers in the same proportions as the child
to staff ratios that are required for a child care center under
IC 12-17.2-4.
SOURCE: IC 12-17.2-3.5-7; (13)IN0305.1.11. -->
SECTION 11. 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.
SOURCE: IC 12-17.2-3.5-8; (13)IN0305.1.12. -->
SECTION 12. 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) Unless the provider is related to all children in the care of
the provider, the individual shall annually receive at least
twelve (12) hours of continuing education approved by the
division and related to the development and care of children
of the same age as the age of children who receive care at the
facility.
(4) Before beginning employment or volunteer duties, the
individual must receive a formal orientation to the facility and
the child care program.
(5) Not more than three (3) months after the individual begins
employment or volunteer duties, the individual must receive
training approved by the division concerning child abuse
detection and prevention.
(6) Not more than three (3) months after beginning
employment or volunteer duties caring for children who do
not yet attend first grade, the individual must receive training
approved by the division concerning the department of
education's early learning guidelines.
(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 12-17.2-3.5-9; (13)IN0305.1.13. -->
SECTION 13. IC 12-17.2-3.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) A provider shall
have at least one (1) working telephone in each facility where the
provider operates a child care program.
(b) The telephone required by subsection (a) must be compatible
with an automated time and attendance tracking system approved
by the division.
SOURCE: IC 12-17.2-3.5-10; (13)IN0305.1.14. -->
SECTION 14. IC 12-17.2-3.5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) A facility where
a provider operates a child care program must have two (2) exits that:
(1) do not require passage through a:
(A) garage; or
(B) storage area;
where hazardous materials are stored;
(2) are not windows;
(3) are on different sides of the facility;
(4) are not blocked; and
(5) are operable from the inside without the use of a key or any
special knowledge.
(b) Beginning July 1, 2016, in addition to the requirements
specified in subsection (a), a room:
(1) in which children who are not more than twenty-four (24)
months of age receive care; and
(2) that is located in a facility where a provider operates a
child care program;
must have at least one (1) exit that does not require the use of
stairs.
(b) (c) A provider shall:
(1) conduct monthly documented fire drills:
(A) in accordance with the rules of the fire prevention and
building safety commission; and
(B) that include complete evacuation of all:
(i) children; and
(ii) adults who provide child care;
in the facility;
(2) maintain documentation of all fire drills conducted during the
immediately preceding twelve (12) month period, including:
(A) the date and time of the fire drill;
(B) the name of the individual who conducted the fire drill;
(C) the weather conditions at the time of the fire drill; and
(D) the amount of time required to fully evacuate the facility;
and
(3) maintain a two and one-half (2 1/2) pound or greater ABC
multiple purpose fire extinguisher:
(A) on each floor of the facility; and
(B) in the kitchen area of the facility;
in each facility where the provider operates a child care program.
(d) Beginning July 1, 2016, a facility where a provider operates
a child care program must meet the following requirements:
(1) If not more than sixteen (16) children are cared for at the
facility, the facility must have working smoke detectors and
means of egress that meet the requirements that apply to child
care homes under IC 12-17.2-5.
(2) If more than sixteen (16) children are cared for at the
facility, the facility must meet the requirements specified in
the building rules and fire safety rules adopted by the fire
prevention and building safety commission.
(3) If more than one (1) facility where a provider operates a
child care program is located in a single structure, each
facility must:
(A) be separated from each other facility by walls and
doors with a two (2) hour fire resistance rating; and
(B) individually meet all requirements of this section.
SOURCE: IC 12-17.2-3.5-11; (13)IN0305.1.15. -->
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.
(4) Other items determined by the division in rules adopted
under section 15 of this chapter to pose a danger to children.
(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 12-17.2-3.5-12; (13)IN0305.1.16. -->
SECTION 16. IC 12-17.2-3.5-12, AS AMENDED BY
P.L.142-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 12. (a) Except as provided in
subsection (f), a provider shall, at no expense to the state, maintain and
make available to the division upon request a copy of a limited
national criminal history background check for:
(1) the provider, if the provider is an individual;
(2) if the provider operates a child care program in the provider's
home, any individual who resides with the provider and who is:
(A) at least eighteen (18) years of age; or
(B) less than eighteen (18) years of age but has previously
been waived from juvenile court to adult court; and
(3) any individual who:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where the provider operates a child
care program.
A provider shall apply for a limited national criminal history
background check for an individual described in subdivision (3)
before the individual is employed or allowed to volunteer. as a
caregiver.
(b) In addition to the requirement under subsection (a), a provider
shall report to the division any:
(1) police investigations;
(2) arrests; and
(3) criminal convictions;
not listed on a limited national criminal history background check
obtained under subsection (a) regarding any of the persons listed in
subsection (a).
(c) A provider that meets the other eligibility requirements of this
chapter is temporarily eligible to receive voucher payments until the
provider receives the limited national criminal history background
check required under subsection (a) from the state police department
if:
(1) the provider:
(A) has applied for the limited national criminal history
background check required under subsection (a); and
(B) obtains a local criminal history for the individuals
described in subsection (a) from each individual's local law
enforcement agency before the individual is employed or
allowed to volunteer as a caregiver; and
(2) the local criminal history does not reveal that an individual
has been convicted of a:
(A) felony;
(B) misdemeanor related to the health or safety of a child;
(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.
(d) A provider is ineligible to receive a voucher payment if an
individual for whom a limited national criminal history background
check is required under this section has been convicted of a:
(1) felony;
(2) misdemeanor related to the health or safety of a child;
(3) misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(4) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35;
until the individual is dismissed from employment or volunteer service
at the facility where the provider operates a child care program or no
longer resides with the provider.
(e) A provider shall maintain a written policy requiring an
individual for whom a limited national criminal history background
check is required under this section to report any criminal convictions
of the individual to the provider.
(f) The state police department may not charge a church or religious
society any fees or costs for responding to a request for a release of a
limited national criminal history background check record of a
prospective or current employee or a prospective or current volunteer
of a child care ministry registered under IC 12-17.2-6 if the conditions
set forth in IC 10-13-3-36(f) are met.
SOURCE: IC 12-17.2-3.5-14; (13)IN0305.1.17. -->
SECTION 17. IC 12-17.2-3.5-14 IS REPEALED [EFFECTIVE
JULY 1, 2013]. Sec. 14. (a) Notice of a determination made under this
chapter must be provided under IC 4-21.5-3-6.
(b) A person affected by a determination made under this chapter
may seek administrative review under IC 4-21.5-3-7.
SOURCE: IC 12-17.2-3.5-16; (13)IN0305.1.18. -->
SECTION 18. 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) An employee or a
volunteer shall immediately report to child protective services, the
division, and local law enforcement authorities the employee's or
volunteer's suspicion of physical abuse, sexual abuse, child neglect,
or child exploitation of a child in the provider's care.
(b) A provider shall immediately notify the division and the
parent or legal guardian of a child in the care of the provider
concerning:
(1) an injury of the child that requires medical attention;
(2) the death of the child; or
(3) an emergency event involving the child.
SOURCE: IC 12-17.2-3.5-17; (13)IN0305.1.19. -->
SECTION 19. 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) 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 provider.
(b) If an employee or agent of the division determines that a
violation described in subsection (a) exists, the division shall:
(1) immediately suspend the provider's eligibility to receive a
voucher payment under this chapter;
(2) issue an emergency or another temporary order under
IC 4-21.5-4 requiring the provider to immediately cease
operation of the child care program; and
(3) contact the parent or legal guardian of each child enrolled
in the child care program to inform the parent or legal
guardian:
(A) that the division has issued an order to require the
provider to cease operation of the child care program; and
(B) of the reason for the order to cease operation;
pending the outcome of proceedings conducted under sections 20
and 22 of this chapter.
(c) An emergency or another temporary order issued by an
employee or agent of the division must be approved by the
director.
(d) An approval under subsection (c) may be communicated
orally to the employee or agent issuing the order. However, the
division shall maintain a written record of the approval.
SOURCE: IC 12-17.2-3.5-18; (13)IN0305.1.20. -->
SECTION 20. 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. The division may suspend a
provider's eligibility to receive a voucher payment under this
chapter for any of the following reasons:
(1) The provider fails to comply with this chapter.
(2) The provider refuses to allow, during normal business
hours, the division or an agent of the division to inspect the
facility where the provider operates a child care program.
(3) 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.
(4) The provider fails to correct a problem identified by the
division within the period required by the division.
(5) Three (3) or more problems occurring within a twelve (12)
month period are identified by the division, regardless of
whether the provider corrects the problems within the period
required by the division.
(6) Credible allegations of fraud have been made against the
provider, as determined by the division.
(7) Criminal charges of welfare fraud have been filed against
the provider.
SOURCE: IC 12-17.2-3.5-19; (13)IN0305.1.21. -->
SECTION 21. IC 12-17.2-3.5-19 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 19. The division may revoke a
provider's eligibility to receive a voucher payment under this
chapter for any of the following reasons:
(1) Any of the reasons for suspension described in section
18(1) through 18(5) of this chapter.
(2) Allegations of welfare fraud committed by the provider
have been substantiated by the division.
SOURCE: IC 12-17.2-3.5-20; (13)IN0305.1.22. -->
SECTION 22. IC 12-17.2-3.5-20 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 20. Except as provided in section
17 of this chapter, the division shall give a provider thirty (30)
calendar days written notice by certified mail of an enforcement
action against the provider. The provider shall also be provided an
opportunity for an informal meeting with the division. The
provider must request the informal meeting within ten (10)
working days after receipt of the certified notice.
SOURCE: IC 12-17.2-3.5-21; (13)IN0305.1.23. -->
SECTION 23. IC 12-17.2-3.5-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 21. (a) An administrative hearing
concerning the decision of the division to impose a sanction under
this chapter shall be provided upon a written request made by the
provider. The request must be made within thirty (30) calendar
days after the provider receives an order under section 17 of this
chapter or a notice under section 20 of this chapter. The written
request must be made separately from an informal meeting request
made under section 20 of this chapter.
(b) The administrative hearing shall be held within sixty (60)
calendar days after the division receives the written request.
SOURCE: IC 12-17.2-3.5-22; (13)IN0305.1.24. -->
SECTION 24. IC 12-17.2-3.5-22 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 21 of this chapter.
SOURCE: IC 12-17.2-3.5-23; (13)IN0305.1.25. -->
SECTION 25. IC 12-17.2-3.5-23 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 23. To reinstate a provider's
eligibility to receive a voucher payment under this chapter after
suspension, the following must occur:
(1) The provider must, within thirty (30) calendar days after
receiving notice of the suspension, submit a plan of corrective
action to the division for approval.
(2) The plan must outline the steps and timetable for
immediate correction of the violations that caused the division
to suspend the eligibility.
(3) The division must approve the plan.
SOURCE: IC 12-17.2-3.5-24; (13)IN0305.1.26. -->
SECTION 26. IC 12-17.2-3.5-24 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 24. Following the suspension of
a provider's eligibility to receive a voucher payment under this
chapter, the division shall do one (1) of the following:
(1) Reinstate the eligibility.
(2) Except as provided in subdivision (3), extend the
suspension for not more than six (6) months.
(3) If criminal charges for welfare fraud are pending against
the provider, extend the suspension until the criminal matter
is resolved.
(4) Revoke the eligibility.
SOURCE: IC 12-17.2-3.5-25; (13)IN0305.1.27. -->
SECTION 27. IC 12-17.2-3.5-25 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 25. (a) After a provider's
eligibility to receive a voucher payment under this chapter is
revoked or suspended, the division shall publish notice of the
revocation or suspension under IC 5-3-1 and notify in writing each
parent or legal guardian of a child in the care of the provider that
the eligibility has been revoked or suspended, including the reason
for the revocation or suspension.
(b) The written notice shall be sent to the last known address of
each person responsible for a child in the care of the provider.
SOURCE: IC 12-17.2-3.5-26; (13)IN0305.1.28. -->
SECTION 28. IC 12-17.2-3.5-26 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 26. An administrative review and
a hearing conducted under this chapter must be conducted under
rules adopted by the division under IC 4-22-2.
SOURCE: IC 12-17.2-3.5-27; (13)IN0305.1.29. -->
SECTION 29. IC 12-17.2-3.5-27 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 27. (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.
SOURCE: IC 12-17.2-4-3; (13)IN0305.1.30. -->
SECTION 30. IC 12-17.2-4-3, AS AMENDED BY P.L.145-2006,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. (a) An applicant must apply for a child care
center license on forms provided by the division.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting that the applicant:
(1) has not been convicted of:
(A) a felony;
(B) a misdemeanor relating to the health or safety of children;
(C) a misdemeanor for operating a child care center without a
license under section 35 of this chapter; or
(D) a misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35; and
(2) has not been charged with:
(A) a felony;
(B) a misdemeanor relating to the health or safety of children;
(C) a misdemeanor for operating a child care center without a
license under section 35 of this chapter; or
(D) a misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35;
during the pendency of the application.
(d) An applicant must submit the necessary information, forms, or
consents for the division to obtain a national criminal history
background check on the applicant.
through the state police department
under IC 10-13-3-39.
(e) The applicant must do the following:
(1) Conduct a national criminal history background check of the
applicant's employees and volunteers.
(2) Maintain records of each criminal history check.
SOURCE: IC 12-17.2-5-3; (13)IN0305.1.31. -->
SECTION 31. IC 12-17.2-5-3, AS AMENDED BY P.L.145-2006,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3. (a) An applicant must apply for
a child care home license on forms provided by the division.
(b) An applicant must submit the required information as part of the
application.
(c) An applicant must submit with the application a statement
attesting that the applicant has not been:
(1) convicted of:
(A) a felony;
(B) a misdemeanor relating to the health or safety of children;
(C) a misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home without a
license under section 35 of this chapter; and
(2) charged with:
(A) a felony;
(B) a misdemeanor relating to the health or safety of children;
(C) a misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(D) a misdemeanor for operating a child care home without a
license under section 35 of this chapter;
during the pendency of the application.
(d) An applicant must submit the necessary information, forms, or
consents for the division to:
(1) conduct a national criminal history background check on the
applicant's spouse; and
(2) obtain a national criminal history background check on the
applicant. through the state police department under
IC 10-13-3-39.
(e) An applicant must do the following:
(1) Conduct a national criminal history background check of the
applicant's:
(A) employees;
(B) volunteers; and
(C) household members who are:
(i) at least eighteen (18) years of age; or
(ii) less than eighteen (18) years of age but have previously
been waived from juvenile court to adult court.
(2) Maintain records of each criminal history check.
SOURCE: IC 12-17.2-6-14; (13)IN0305.1.32. -->
SECTION 32. IC 12-17.2-6-14, AS AMENDED BY P.L.124-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 14. The child care ministry must do the following:
(1) Conduct a
national criminal history
background check of the
child care ministry's employees and volunteers.
(2) Refrain from employing, or allowing to serve as a volunteer,
an individual who:
(A) has been convicted of
any of the following felonies:
(i) Murder (IC 35-42-1-1).
(ii) Causing suicide (IC 35-42-1-2).
(iii) Assisting suicide (IC 35-42-1-2.5).
(iv) Voluntary manslaughter (IC 35-42-1-3).
(v) Reckless homicide (IC 35-42-1-5).
(vi) Battery (IC 35-42-2-1).
(vii) Aggravated battery (IC 35-42-2-1.5).
(viii) Kidnapping (IC 35-42-3-2).
(ix) Criminal confinement (IC 35-42-3-3).
(x) A felony sex offense under IC 35-42-4.
(xi) Carjacking (IC 35-42-5-2).
(xii) Arson (IC 35-43-1-1).
(xiii) Incest (IC 35-46-1-3).
(xiv) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(xv) Child selling (IC 35-46-1-4(d)).
(xvi) A felony involving a weapon under IC 35-47 or
IC 35-47.5.
(xvii) A felony relating to controlled substances under
IC 35-48-4.
(xviii) An offense relating to material or a performance that
is harmful to minors or obscene under IC 35-49-3.
(xix) A felony that is substantially equivalent to a felony
listed in items (i) through (xviii) for which the conviction
was entered in another state. a felony;
(B) has been convicted of a misdemeanor related to the health
or safety of a child;
(C) has been convicted of a misdemeanor for operating a
child care center without a license under IC 12-17.2-4-35;
(D) has been convicted of a misdemeanor for operating a
child care home without a license under IC 12-17.2-5-35;
or
(C) (E) is a person against whom an allegation of child abuse
or neglect has been substantiated under IC 31-33.
(3) Maintain records of each criminal history check.