Title 12, TITLE 12. HUMAN SERVICES
337 chapters · 3,371 sections in this title.
Ind. Code § 12-17.2-5-18.7 Violations posing immediate threat to life or well-being of
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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…
Ind. Code § 12-17.2-5-19 Notice of enforcement actions; informal meetings
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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…
Ind. Code § 12-17.2-5-2 Consultation with fire prevention and building safety
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commission Sec. 2. The fire prevention and building safety commission must provide consultation regarding the licensure of child care homes to the division upon request. As added by P.L.1-1993, SEC.141.
Ind. Code § 12-17.2-5-20 Administrative hearings
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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 home. The request must be made within thirty (30) calendar days after receiving notice under section 1…
Ind. Code § 12-17.2-5-21 Procedure for administrative hearings
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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.
Ind. Code § 12-17.2-5-22 Issuance of decisions
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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.
Ind. Code § 12-17.2-5-23 Cessation of operations upon suspension of license
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Sec. 23. If a license is suspended, a licensed child care home shall cease operation and may not display the license. As added by P.L.1-1993, SEC.141.
Ind. Code § 12-17.2-5-24 Reinstatement of suspended licenses
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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 co…
Ind. Code § 12-17.2-5-25 Actions of division following suspensions of licenses
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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.
Ind. Code § 12-17.2-5-26 Cessation of operations upon revocation of license
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Sec. 26. A child care home shall cease operation when the license of the child care home is revoked. As added by P.L.1-1993, SEC.141.
Ind. Code § 12-17.2-5-27 Notice of license revocation or suspension
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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…
Ind. Code § 12-17.2-5-28 Judicial review
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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.
Ind. Code § 12-17.2-5-29 Investigation of unlicensed facilities; injunctions; civil
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penalties; removal of children Sec. 29. (a) The division shall investigate a report of an unlicensed child care home 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 home is l…
Ind. Code § 12-17.2-5-3 Applying for licenses; national criminal history background
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check 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, including the following: (1) If the county, city, or town in which the child care home is l…
Ind. Code § 12-17.2-5-3.1 Maintenance of electronic mail address
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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.6.
Ind. Code § 12-17.2-5-3.3 Meet certain requirements by July 1, 2014
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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.13.
Ind. Code § 12-17.2-5-3.5 Drug testing
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Sec. 3.5. (a) A child care home 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; (2) an individual who resides with the provider and who is at least eighteen (18) years of age; and (3…
Ind. Code § 12-17.2-5-3.7 Safe sleeping practices; violations; penalties
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Sec. 3.7. (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 as required by section 6.3(a)(3) or 6.5(a)(9) of t…
Ind. Code § 12-17.2-5-30 Expiration of injunctions for operation without a license
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Sec. 30. A court order granted under section 29(b)(2)(A) of this chapter expires when the child care home is issued a license. As added by P.L.1-1993, SEC.141.
Ind. Code § 12-17.2-5-31 Expiration of injunctions for creation of imminent danger
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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…
Ind. Code § 12-17.2-5-32 Grounds for revocation of licenses
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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 …
Ind. Code § 12-17.2-5-33 Disciplinary sanctions
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Sec. 33. (a) A licensee shall operate a child care home 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 any…
Ind. Code § 12-17.2-5-34 Civil penalty for violation of article
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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…
Ind. Code § 12-17.2-5-35 Violations of chapter
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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.
Ind. Code § 12-17.2-5-36 Prohibition of care home classification for E building
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occupancy Sec. 36. The fire prevention and building safety commission may not adopt rules that classify a child care home as an E building occupancy classification. As added by P.L.136-1993, SEC.21.
Ind. Code § 12-17.2-5-37 Investigation of abuse or neglect; child care home
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Sec. 37. (a) The department of child services shall conduct an investigation of a claim of abuse or neglect at a child care home. (b) After an investigation under subsection (a), the department of child services shall make a determination of whether or not abuse or neglect occurr…
Ind. Code § 12-17.2-5-4 Grounds for denial of license applications
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Sec. 4. (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) a member of the app…
Ind. Code § 12-17.2-5-5 Incomplete applications
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Sec. 5. 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.
Ind. Code § 12-17.2-5-6 Investigation of applicants
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Sec. 6. The division shall investigate a person seeking licensure to determine whether the person is in compliance with this article. The investigation shall be conducted any time the home is in operation in announced or unannounced visits. Activities may include onsite inspectio…
Ind. Code § 12-17.2-5-6.3 Class I child care home
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Sec. 6.3. (a) To qualify for a license to operate a class I child care home under this chapter, a person must do the following: (1) Provide documentation to the division that the licensee has received a high school diploma or a high school equivalency certificate as described in …
Ind. Code § 12-17.2-5-6.5 Qualification for licensure of class II child care home
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Sec. 6.5. (a) To qualify for a license to operate a class II child care home under this chapter, a person must do the following: (1) Provide all child care services on the first story of the child care home unless the class II child care home meets the exceptions to the first sto…
Ind. Code § 12-17.2-5-7 Issuance of licenses
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Sec. 7. 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. IC 12-17.2-5-7.5 License indication of class I or II child care home…
Ind. Code § 12-17.2-5-8 Eligibility for waivers and variances
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Sec. 8. A child care home may be eligible to receive a waiver or 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.
Ind. Code § 12-17.2-5-9 Denial of licenses
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Sec. 9. (a) The division shall deny a license when an applicant fails to meet the requirements for a license. (b) The division shall provide the applicant with written notice, sent by electronic mail to the electronic mail address provided by the applicant in the application, tha…
Ind. Code § 12-17.6-5-1 Applicability of chapter
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Sec. 1. This chapter does not apply until January 1, 2000. As added by P.L.273-1999, SEC.177.
Ind. Code § 12-17.6-5-2 Required information
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Sec. 2. A provider agreement must include information that the office finds necessary to facilitate carrying out this article. As added by P.L.273-1999, SEC.177.
Ind. Code § 12-17.6-5-3 Compliance with enrollment requirements
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Sec. 3. A provider who participates in the program, including a provider who is a member of a managed care organization, must comply with the enrollment requirements that are established under IC 12-15. As added by P.L.273-1999, SEC.177.
Ind. Code § 12-17.6-5-4 Direct access of enrollee to provider
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Sec. 4. (a) A provider that participates in the Medicaid program is considered a provider for both the Medicaid program and the program under this article. (b) If an enrollee in the Medicaid managed care program for children has direct access to a provider who has entered into a …