Title 12, TITLE 12. HUMAN SERVICES

Sec. 13. (a) The division may grant a provisional license to an applicant who is not able to demonstrate compliance with a rule because the child care center is not in full operation. (b) A provisional license shall be granted for a limited period not to exceed one (1) year and i…

Sec. 14. (a) The division may grant a probationary license to a licensee who 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; (2) the licensee files a plan with the division or…

Sec. 15. The division and the state fire marshal shall do the following: (1) Make annual onsite inspections. (2) Keep written records of their monitoring activities and inspections. As added by P.L.1-1993, SEC.141.

Sec. 15.5. (a) This section applies to a program that: (1) admits for enrollment children at least two and one-half (2.5) years of age, but not more than six (6) years of age; and (2) is validated as a Montessori program by the United Montessori Schools of Indiana. (b) For purpos…

Sec. 16. The licensee shall cooperate with the division and the state fire marshal in carrying out these activities, including permitting the division and the state fire marshal to conduct announced or unannounced inspections. As added by P.L.1-1993, SEC.141. IC 12-17.2-4-17 Unsc…

Sec. 17.5. A licensee shall ensure that a child in the licensee's care is continually supervised by a caregiver. As added by P.L.18-2003, SEC.27.

Sec. 18. (a) A licensee shall keep records regarding each child in the control and care of the licensee as the division requires and shall report to the division, upon request, the facts the division requires with reference to children. (b) The division shall keep records regardi…

Sec. 18.1. (a) After December 31, 2002, a licensee shall maintain and annually update documentation provided by the physician of each child who is cared for in a child care center where the licensee provides child care that the child has received complete age appropriate immuniza…

Sec. 18.5. (a) Upon receiving a report under IC 31-36-1-4, a child care center shall thoroughly inspect the report. If the child care center finds that a child on the report required under IC 31-36-1-4 is enrolled at the child care center, the child care center shall immediately …

child; orders 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. (b) If an employee or agent of the division determines…

Sec. 19. (a) Except as provided in section 18.7 or 29 of this chapter, the division shall give a licensee thirty (30) calendar days written notice of an enforcement action. The division shall send the notice by electronic mail to the electronic mail address provided in the licens…

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 center. The request must be made within thirty (30) calendar days after receiving notice under section…

Sec. 21. A hearing requested under section 20 of this chapter shall be held in accordance with IC 4-21.5-3. As added by P.L.1-1993, SEC.141.

Sec. 22. The division shall issue a decision within sixty (60) calendar days after the conclusion of the hearing. As added by P.L.1-1993, SEC.141.

Sec. 23. If a license is suspended, a licensed child care center shall cease operation and may not display the license. As added by P.L.1-1993, SEC.141.

Sec. 24. To reinstate a suspended license the following must occur: (1) The licensee must, within thirty (30) days of the 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 cor…

Sec. 25. Following the suspension, the division shall do one (1) of the following: (1) Reinstate the license for the term of the original license. (2) Revoke the license. (3) Issue a new license. (4) Deny a reapplication. As added by P.L.1-1993, SEC.141.

Sec. 26. A child care center shall cease operation when the license of the child care center is revoked. As added by P.L.1-1993, SEC.141.

Sec. 27. (a) After a license is revoked or suspended, the division shall publish notice under IC 5-3-1 and notify in writing each person responsible for the children in care that the license has been revoked or suspended. (b) The written notice shall be sent to the last known add…

Sec. 28. A final decision of the division made after a hearing is subject to judicial review under IC 4-21.5-5. As added by P.L.1-1993, SEC.141.

penalties; removal of children Sec. 29. (a) The division shall investigate a report of an unlicensed child care center 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 center …

check 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, including the following: (1) If the county, city, or town in which the child care center …

Sec. 3.1. A person that holds a license under this chapter shall, for the duration of the person's licensure under this chapter, maintain the electronic mail address provided by the person in the person's application for the license. As added by P.L.183-2021, SEC.2.

Sec. 3.3. A person that holds a license under this chapter on July 1, 2013, shall, at no expense to the state, meet the requirements under section 3(e) of this chapter not later than July 1, 2014. As added by P.L.287-2013, SEC.9.

Sec. 3.5. (a) A child care center shall, at no expense to the state, maintain and make available to the division upon request a copy of drug testing results for an individual who: (1) is employed; or (2) volunteers; as a caregiver at the child care center. The drug testing result…

Sec. 30. A court order granted under section 29(b)(2)(A) of this chapter expires when the child care center is issued a license. As added by P.L.1-1993, SEC.141.

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 enfo…

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 may be present on the pre…

Sec. 33. (a) A licensee shall operate a child care center 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 licensee has violated this article. (b) The division may impose a…

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 the violation of this article. (b) The division shall deposit the civil penalties collected under this section in…

Sec. 35. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor. As added by P.L.1-1993, SEC.141.

Sec. 36. (a) The department of child services shall conduct an investigation of a claim of abuse or neglect in a child care center. (b) After an investigation under subsection (a), the department of child services shall make a determination of whether or not abuse or neglect occu…

As added by P.L.1-1993, SEC.141. Repealed by P.L.61-1993, SEC.67 and P.L.136-1993, SEC.24.

Sec. 4.1. (a) A licensee 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 wh…

Sec. 5. (a) The following constitute sufficient grounds for a denial of a license application: (1) A determination by the department of child services established by IC 31-25-1-1 of child abuse or neglect (as defined in IC 31-9-2-14) by: (A) the applicant; (B) an employee of the …

Sec. 6. The division may not act on an incomplete application. The division shall return an incomplete application with a notation as to omissions. The return of an incomplete application shall be without prejudice. As added by P.L.1-1993, SEC.141.

Sec. 7. The division shall investigate a person seeking licensure to determine whether the person is in compliance with this article and the rules adopted under this article. The investigation shall be conducted at a reasonable time and in a reasonable manner, in announced or una…

Sec. 8. The division shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance under this article. As added by P.L.1-1993, SEC.141.

Sec. 9. A child care center may be eligible to receive a variance from the requirements of this chapter by complying with IC 12-17.2-2-10. As added by P.L.1-1993, SEC.141.

Sec. 1. This chapter does not apply until January 1, 2000. As added by P.L.273-1999, SEC.177.

As added by P.L.107-2002, SEC.27. Repealed by P.L.229-2011, SEC.272.

financial requirements; mental health services Sec. 2. (a) The benefit package provided under the program shall focus on age appropriate preventive, primary, and acute care services. (b) The office shall offer health insurance coverage for the following basic services: (1) Inpati…

Sec. 2.5. Prescription drugs provided under the program are subject to the requirements of IC 12-15-35.5. As added by P.L.6-2002, SEC.5.

Sec. 3. Premium and cost sharing amounts established by the office are limited by the following: (1) Deductibles, coinsurance, or other cost sharing is not permitted with respect to benefits for: (A) well-baby and well-child care, including age appropriate immunizations; and (B) …

Sec. 4. The office may do the following: (1) Determine cost sharing amounts. (2) Determine waiting periods that may not exceed three (3) months and exceptions to the requirement of waiting periods for potential enrollees in the program. (3) Adopt additional methods for complying …

employer to eliminate or reduce coverage Sec. 5. (a) It is a violation of IC 27-4-1-4 if an insurer, or an insurance producer or insurance broker compensated by the insurer, knowingly or intentionally refers an insured or the dependent of an insured to the program for health insu…

Sec. 6. Community health centers shall be used to provide health care services. As added by P.L.273-1999, SEC.177.

Sec. 7. The office shall encourage the parent of a child who is enrolled in the program to select a primary dental provider for the child before the child is eighteen (18) months of age. As added by P.L.169-2001, SEC.3. IC 12-17.6-4-8 Use of generic drugs and preferred drug list …