eligibility; exceptions; fees or costs; meet certain requirements by July 1, 2014 Sec. 12. (a) Except as provided in subsection (f) and subject to subsection (g), a provider shall, at no expense to the state, do the following: (1) If the provider is an individual, submit the provider's fingerprints for a national criminal history background check by the Federal Bureau of Investigation. (2) If the provider operates a child care program in the provider's home, require: (A) the provider's spouse; and (B) any individual who resides with the provider and who is: (i) at least eighteen (18) years of age; or (ii) less than eighteen (18) years of age but has previously been waived from juvenile court to adult court; to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation. (3) Require any individual who: (A) is employed or volunteers; and (B) may be present on the premises of the facility where the provider operates a child care program during operating hours of the child care program; to submit fingerprints for a national criminal history background check by the Federal Bureau of Investigation. A provider shall require an individual described in subdivision (3) to submit fingerprints for
a national criminal history background check before the individual is employed or allowed to volunteer and every three (3) years thereafter that the individual is continuously employed or allowed to volunteer. (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; of which the provider is aware 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 division receives the national criminal history background check required under subsection (a) from the state police department if: (1) the provider: (A) has: (i) submitted; or (ii) required an individual described in subsection (a)(2) or (a)(3) to submit; fingerprints for a national criminal history background check as 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; and (2) the local criminal history does not reveal that an individual has been convicted of a: (A) felony: (i) related to the health or safety of a child; (ii) that is a sex offense (as defined in IC 11-8-8-5.2); (iii) that is a dangerous felony; or (iv) that is not a felony otherwise described in items (i) through (iii), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest; (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 of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child; or (D) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or of a substantially similar offense committed in another jurisdiction if the offense is directly or indirectly related to jeopardizing the health or safety of a child. (d) A provider is ineligible to receive a voucher payment if an individual for whom a national criminal history background check is required under this section has been convicted of a: (1) felony: (A) related to the health or safety of a child; (B) that is a sex offense (as defined in IC 11-8-8-5.2); (C) that is a dangerous felony; or (D) that is not a felony otherwise described in clauses (A) through (C), and less than ten (10) years have elapsed from the date the person was discharged from probation, imprisonment, or parole, whichever discharge date is latest; (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 of a substantially similar offense committed in another jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a
child; or (4) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35, or of a substantially similar offense committed in another jurisdiction, if the offense is directly or indirectly related to jeopardizing the health or safety of a child; 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 national criminal history background check is required under this section to report any criminal convictions of the individual to the provider. (f) Notwithstanding IC 10-13-3-28, the state police department may not charge a church or religious society any fees or costs (other than fees or costs charged by the Federal Bureau of Investigation or a private entity) for responding to a request for a release of a 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. (g) A provider that holds a license or registration under this article on July 1, 2013, shall, at no expense to the state, meet the requirements under subsection (a) not later than July 1, 2014. As added by P.L.247-2001, SEC.3. Amended by P.L.109-2002, SEC.4; P.L.18-2003, SEC.22; P.L.6-2004, SEC.1; P.L.142-2006, SEC.2; P.L.287-2013, SEC.7; P.L.121-2020, SEC.3.
IC 12-17.2-3.5-12.1 Drug testing Sec. 12.1. (a) A provider shall, at no expense to the state, maintain and make available to the division upon request a copy of drug testing results for: (1) the provider, 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 at least eighteen (18) years of age; and (3) an individual who: (A) is employed; or (B) volunteers; as a caregiver at the facility where the provider operates a child care program. The drug testing results for an individual described in subdivision (3) must be obtained before the individual is employed or allowed to volunteer as a caregiver. (b) A provider that is not a child care ministry or a child care center shall maintain a written policy specifying the following: (1) That the: (A) use of: (i) tobacco; (ii) alcohol; or (iii) a potentially toxic substance in a manner other than the substance's intended purpose; and (B) use or possession of an illegal substance; is prohibited in the facility where the provider operates a child care program when child care is being provided. (2) That drug testing of individuals who serve as caregivers will be: (A) performed based on a protocol established or approved by the division; and (B) required if an individual is suspected of noncompliance with the requirements specified under subdivision (1). (c) A provider that is a child care ministry or a child care center shall maintain a written policy specifying the following: (1) That the:
(A) use of: (i) tobacco; or (ii) a potentially toxic substance in a manner other than the substance's intended purpose; and (B) use or possession of alcohol or an illegal substance; is prohibited in the facility where the provider operates a child care program when child care is being provided. (2) That drug testing of individuals who serve as caregivers will be: (A) performed based on a protocol established or approved by the division; and (B) required if an individual is suspected of noncompliance with the requirements specified under subdivision (1). (d) If: (1) the drug testing results obtained under subsection (a), (b), or (c) indicate the presence of a prohibited substance described in subsection (b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii), or (c)(1)(B); or (2) an individual refuses to submit to a drug test; the provider is ineligible to receive a voucher payment until the individual is suspended or terminated from employment or volunteer service at the facility or no longer resides with the provider. (e) A provider that suspends an individual described in subsection (d) shall maintain a written policy providing for reinstatement of the individual following rehabilitation and drug testing results that are negative for a prohibited substance described in subsection (b)(1)(A)(ii), (b)(1)(A)(iii), (b)(1)(B), (c)(1)(A)(ii), or (c)(1)(B). (f) Drug testing results obtained under this section are confidential and may not be disclosed for any purpose other than the purpose described in this section. As added by P.L.109-2002, SEC.5. Amended by P.L.18-2003, SEC.23; P.L.6-2004, SEC.2; P.L.16-2006, SEC.3.
IC 12-17.2-3.5-12.5 Safe sleeping practices; violations; penalties Sec. 12.5. (a) A provider 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. (b) If a provider violates subsection (a), the division may do the following with respect to each violation determined during an inspection of the facility where the provider operates a child care program: (1) On the first inspection during which a violation is determined during a licensure period, issue a formal warning letter stating the division's intent to take administrative action and impose a civil penalty for any future violation. (2) On the second inspection during which a violation is determined during a licensure period, impose a civil penalty of fifty dollars ($50) for each violation determined during the inspection. (3) On the third inspection during which a violation is determined during a licensure period, impose a civil penalty of seventy-five dollars ($75) for each violation determined during the inspection. (4) On the fourth inspection during which a violation is determined during a licensure period: (A) decertify the provider for not more than six (6) months; and (B) impose a civil penalty of one hundred dollars ($100) for each violation determined during the inspection. (5) On the fifth inspection during which a violation is determined during a licensure
period: (A) decertify the provider for one (1) year; and (B) impose a civil penalty of two hundred fifty dollars ($250) for each violation determined during the inspection. (c) The division shall send to the provider written notice: (1) of an action taken under subsection (b), specifying the reason for the action and amount of any monetary civil penalty; and (2) that failure to pay any monetary civil penalty may result in decertification of the provider for not more than two (2) years. (d) The division shall deposit all civil penalties collected under this section in the division of family resources child care fund established by IC 12-17.2-2-3. (e) In addition to the actions described in subsection (b), the division may seek further disciplinary action provided for under this article, as determined by the director. As added by P.L.53-2018, SEC.6.