Title 12, TITLE 12. HUMAN SERVICES

[Pre-1992 Revision Citation: 4-28-21-3(d) part.] As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.

[Pre-1992 Revision Citation: 4-28-21-3(e).] As added by P.L.2-1992, SEC.22. Repealed by P.L.229-2011, SEC.273.

Sec. 1. If an individual who: (1) is being supported at public expense in a county home; or (2) has died while a resident of a county home; is found to have an estate of any kind that is not needed for the support, in whole or in part, of the husband, wife, children, parents, gra…

Sec. 2. The reimbursement obtained under section 1 of this chapter shall be collected quarterly by the superintendent of the county home in which the individual resides or resided, at a rate of not more than seven dollars ($7) per week. The money received shall be paid quarterly …

county home superintendents Sec. 3. This chapter does affect the duties of township trustees or the superintendents of the county homes. [Pre-1992 Revision Citation: 12-4-5-3.] As added by P.L.2-1992, SEC.24.

Sec. 1. The division shall develop a dementia strategic plan to identify and significantly reduce the prevalence of dementia in Indiana. As added by P.L.36-2021, SEC.1.

Sec. 2. (a) The dementia strategic plan must include the following: (1) Proposed state actions. (2) Implementation steps. (3) Recommendations to carry out the purposes of the plan. (b) The dementia strategic plan must do the following: (1) Assess Indiana's current and future stat…

Sec. 3. (a) Beginning December 1, 2021, the division shall submit annually: (1) a summary of the dementia strategic plan; and (2) a report concerning outcomes from implementation of the dementia strategic plan; to the general assembly. (b) The dementia strategic plan and report r…

Sec. 4. The division may employ a dementia care coordinator to do the following: (1) Coordinate implementation of the dementia strategic plan. (2) Regarding the dementia care specialist program established under IC 12-10-5.7, do the following: (A) Develop or identify best practic…

authorized Sec. 1. Indiana's participation in the compact does not include the administration of Medicare (42 U.S.C. 1395 et seq.) unless the General Assembly takes action that specifically authorizes inclusion of the Medicare program in the compact. As added by P.L.150-2012, SEC…

Sec. 0.1. The addition of section 6.3(a) of this chapter by P.L.247-2001 does not apply to a person who was issued a license for a class I child care home before July 1, 2001. As added by P.L.220-2011, SEC.269. IC 12-17.2-5-1 Operation of home without proper licensure; prohibitio…

of licenses; supervision and monitoring Sec. 10. (a) The division may delegate the investigation of child care homes to a person. The person is responsible for completing a child care home licensing study that shows substantial compliance with child care rules and is the basis of…

Sec. 11. The division shall investigate any premises that the division has reason to believe are being used for child care without a license in circumstances where a license is required. As added by P.L.1-1993, SEC.141.

other information Sec. 12. (a) A license for a child care home expires two (2) years after the date of issuance, unless revoked, modified to a probationary or suspended status, or voluntarily returned. (b) A license issued under this chapter: (1) is not transferable; (2) applies …

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 home is not in full operation. (b) The provisional license shall be granted for not more than one (1) year and is subject to revi…

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 to…

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

Sec. 16. The licensee shall cooperate with the division in carrying out these activities, including permitting the division to conduct announced or unannounced inspections. As added by P.L.1-1993, SEC.141.

Sec. 17. Unscheduled visits by a custodial parent or guardian of a child shall be permitted at any time the child care home is in operation. As added by P.L.1-1993, SEC.141.

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.30.

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 home where the licensee provides child care that the child has received complete age appropriate immunizati…

Sec. 18.2. (a) At least one (1) adult individual who maintains current certification in a course of cardiopulmonary resuscitation applicable to all age groups of children cared for by the child care home shall be present at all times when a child is in the care of a child care ho…

Sec. 18.6. (a) Upon receiving a report under IC 31-36-1-4, a child care home shall thoroughly inspect the report. If the child care home finds that a child on the report required under IC 31-36-1-4 is enrolled at the child care home, the child care home shall immediately notify t…

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…

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.

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…

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 home 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 co…

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 home shall cease operation when the license of the child care home 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 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…

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…

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.

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.

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…

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…

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.

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) a member of the licensee's household; (C) an employee of …

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…

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.

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.

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…