Title 12, HUMAN SERVICES

Sec. 10. (a) The period of commitment of an individual under this chapter may be extended for one (1) additional period of not more than ninety (90) days through a proceeding under this section. (b) A proceeding under this section must be begun before the end of the first period …

Sec. 11. At least twenty (20) days before the end of the first or second temporary commitment period, the superintendent of the facility or the attending physician shall make a report to the court that states all of the following: (1) The mental condition of the individual. (2) W…

Sec. 2. (a) A commitment under this chapter may be begun by any of the following methods: (1) Upon request of the superintendent under IC 12-26-3-5. (2) An order of the court: (A) having jurisdiction over the individual following emergency detention; or (B) referring an individua…

Sec. 3. (a) Notice of a hearing under this chapter shall be given to all of the following: (1) The individual. (2) The petitioner. (3) The superintendent or the chief executive officer of a facility having care or custody of the individual. (b) The notice required by subsection (…

Sec. 4. (a) Within three (3) days after a proceeding is begun under this chapter, the court shall enter an order setting a hearing date. (b) If the proceeding was begun under section 2(a)(3) of this chapter, the hearing date set under subsection (a) must be more than one (1) day …

Sec. 5. The court may hold the hearing at a facility or other suitable place not likely to have a harmful effect on the individual's health or well-being. [Pre-1992 Revision Citation: 16-14-9.1-9(b) part.] As added by P.L.2-1992, SEC.20.

Sec. 6. The court may appoint a physician to do the following: (1) Examine the individual. (2) Report, before the hearing, the physician's opinion as to the following: (A) Whether the individual is mentally ill and either dangerous or gravely disabled. (B) Whether the individual …

Sec. 7. If a report made under section 6 of this chapter is that the individual is not either dangerous or gravely disabled, the court may terminate the proceedings and dismiss the petition. Otherwise, the hearing shall proceed as scheduled or as continued by the court. [Pre-1992…

Sec. 8. (a) If, upon the completion of the hearing and consideration of the record, the court finds that the individual is mentally ill and either dangerous or gravely disabled, the court may order the individual to: (1) be committed to an appropriate facility; or (2) enter an ou…

Sec. 9. (a) Unless the court has entered an order under IC 12-26-12-1, the superintendent or the attending physician may discharge the individual before the end of the commitment period if the superintendent or attending physician determines that the individual is not mentally il…

Sec. 1. The administrative head of a facility subject to this article shall ensure that each patient in the service provider's care has access to the information contained in this article respecting the patient's rights. [Pre-1992 Revision Citation: 16-14-1.6-11.] As added by P.L…

Sec. 2. A service provider shall inform all patients of the following: (1) The nature of the treatment or habilitation program proposed. (2) The known effects of receiving and of not receiving the treatment or habilitation. (3) Alternative treatments or habilitation programs, if …

Sec. 3. (a) A service provider shall inform all adult voluntary patients who are not adjudicated mentally incompetent of the right to refuse to submit to treatment or a habilitation program. (b) A service provider shall inform all involuntary patients, verbally and in writing, of…

Sec. 1. A child care ministry is exempt from licensure under this article if the child care ministry complies with this chapter. However, a child care ministry may apply for licensure. If a license is issued to the child care ministry, the child care ministry shall comply with st…

Sec. 10. A child care ministry that is exempt from licensing under this chapter must clearly state in all of its paid promotional advertising that the child care ministry is providing child care as an extension of the ministry's church or religious ministry. A child care ministry…

Sec. 11. (a) The parent or guardian of a child shall, when the child is enrolled in a child care ministry, provide the child care ministry with proof that the child has received the required immunizations against the following: (1) Diphtheria. (2) Whooping cough. (3) Tetanus. (4)…

Sec. 12. (a) The division shall charge a child care ministry a fifty dollar ($50) fee for processing a registration under section 2 of this chapter. (b) The division shall deposit the fees collected under subsection (a) in the division of family resources child care fund establis…

Sec. 14. (a) A child care ministry must do the following: (1) Subject to subsection (c), require, at no expense to the state, an employee or volunteer who may be present on the premises of the child care ministry during operating hours of the child care ministry to submit fingerp…

Sec. 14.1. (a) The operator of a child care ministry 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 a…

Sec. 15. Unscheduled visits by a custodial parent or guardian of a child shall be permitted at any time a child care ministry is in operation. As added by P.L.1-1993, SEC.141.

Sec. 16. (a) The following constitute sufficient grounds for denial of an application for registration under this chapter: (1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2.1-33) by: (A) the applicant; (B) an employee of th…

Sec. 17. (a) The division shall deny registration under this chapter if an applicant fails to meet the requirements for registration. (b) The division shall provide the applicant with written notice, sent by electronic mail to the electronic mail address provided by the applicant…

Sec. 18. The division may not act on an incomplete application for registration under this chapter. The division shall return an incomplete registration application with a notation as to omissions. The return of an incomplete registration application is without prejudice. As adde…

Sec. 19. (a) The following constitute sufficient grounds for revocation of a registration under this chapter: (1) A determination by the department of child services of child abuse or neglect (as defined in IC 31-9-2.1-33) by: (A) the operator of the child care ministry; (B) an e…

Sec. 2. (a) An unlicensed child care ministry under section 1 of this chapter may not operate unless the child care ministry: (1) has registered with and met the requirements of the division; and (2) for an initial registration only, has been inspected and found to be in substant…

Sec. 2.1. A child care ministry registered under this chapter shall, for the duration of the child care ministry's registration under this chapter, maintain the electronic mail address provided by the child care ministry in the child care ministry's application for registration. …

Sec. 20. (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 child care ministry. (b) If an employee or agent of the division determines that…

Sec. 21. (a) The operator of a child care ministry: (1) shall operate the child care ministry in compliance with the rules established under this article; and (2) is subject to the disciplinary actions under subsection (b) if the division finds that the operator of the child care…

Sec. 22. (a) Except as provided in section 20 of this chapter, the division shall give the operator of a child care ministry thirty (30) calendar days written notice of an enforcement action. The division shall send the notice by electronic mail to the electronic mail address pro…

Sec. 23. (a) An administrative hearing concerning the decision of the division to impose a sanction under this chapter must be provided upon a written request by the child care ministry. The request must be made not more than thirty (30) calendar days after the child care ministr…

Sec. 24. A hearing requested under section 23 of this chapter must be held in accordance with IC 4-21.5-3. As added by P.L.53-2018, SEC.20.

Sec. 25. The division shall issue a decision not more than sixty (60) calendar days after the conclusion of a hearing held under section 23 of this chapter. As added by P.L.53-2018, SEC.21.

Sec. 26. If the registration of a child care ministry under this chapter is suspended, the child care ministry shall cease operation and may not display the registration. As added by P.L.53-2018, SEC.22.

Sec. 27. To reinstate a suspended registration under this chapter the following must occur: (1) The operator of the child care ministry must, not more than thirty (30) days after receiving the notice of the suspension under section 22 of this chapter, submit a plan of corrective …

Sec. 28. Following the suspension of a registration under this chapter, the division shall do one (1) of the following: (1) Reinstate the registration for the term of the original registration. (2) Revoke the registration. (3) Issue a new registration. (4) Deny a reapplication fo…

Sec. 29. If the registration of a child care ministry under this chapter is revoked, the child care ministry shall cease operation. As added by P.L.53-2018, SEC.25.

Sec. 3. The operator of a licensed child care ministry under section 1 of this chapter shall register under section 2 of this chapter at least ninety (90) days before the expiration of the child care ministry's license or ninety (90) days before surrendering the license. As added…

Sec. 30. (a) After the registration of a child care ministry under this chapter is revoked or suspended, the division shall: (1) publish notice under IC 5-3-1; and (2) send written notice to each person responsible for a child in care; of the revocation or suspension. (b) The wri…

Sec. 31. A final decision of the division made after a hearing under this chapter is subject to judicial review under IC 4-21.5-5. As added by P.L.53-2018, SEC.27.

Sec. 32. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor. As added by P.L.53-2018, SEC.28.

Sec. 4. (a) The division shall inspect a child care ministry for which a registration application is made under section 2 of this chapter to ensure that the child care ministry complies with the rules of the division adopted under IC 12-17.2-2-5(a). (b) The division shall make an…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 5. (a) As used in this section, "primary use of the building" means the occupancy classification that is: (1) most closely related to the intended use of t…

Sec. 6. (a) Upon the completion of the inspections required under this chapter, a notice signed by the inspector from the division shall be issued to the operator of each child care ministry found to be in compliance. The notice shall be placed in a conspicuous place in the child…

Sec. 7. The operator of a child care ministry registered under section 2 of this chapter shall provide a notice to the parent or guardian of a child enrolled in the child care ministry. The notice must be signed by the parent or guardian when the child is enrolled in the child ca…

Sec. 7.5. (a) At least one (1) adult individual who maintains current certification in a course of pediatric cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care ministry shall be present at all times when a child is in the care of a …

Sec. 8. A child care ministry is not absolved from liability for injury to a child while the child is at the child care ministry if the cause of the injury is negligence or intentional wrongdoing on the part of the child care ministry or an employee of the child care ministry. As…