Title 12, HUMAN SERVICES

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…

Sec. 9. A child care ministry is not exempt under section 1 of this chapter if the operator or an employee of the child care ministry violates this chapter. 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.

Sec. 10. A provider who has been: (1) convicted of a crime relating to the provision of services under this chapter; or (2) subjected to a sanction under section 2 of this chapter on three (3) separate occasions by directive of the office; is ineligible to submit claims for the p…

Sec. 11. Evidence that a person or provider received money or other benefits as a result of a violation of: (1) a provision of this article; or (2) a rule established by the office under this article; constitutes prima facie evidence, for purposes of IC 35-43-4-2, that the person…

Sec. 12. A person who furnishes items or services to an individual for which payment is or may be made under this chapter and who knowingly or intentionally solicits, offers, or receives a: (1) kickback or bribe in connection with the furnishing of the items or services or the ma…

Sec. 2. If after investigation the office finds that a provider has violated this article or rule adopted under this article, the office may impose at least one (1) of the following sanctions: (1) Deny payment to the provider for program services provided during a specified time.…

Sec. 3. In addition to any sanction imposed on a provider under section 2 of this chapter, a provider convicted of an offense under IC 35-43-5 relating to the program is ineligible to participate in the program for ten (10) years after the conviction. As added by P.L.273-1999, SE…

Sec. 4. A provider may appeal a sanction imposed under section 2 of this chapter under rules concerning Medicaid provider appeals that are adopted by the secretary under IC 4-22-2. As added by P.L.273-1999, SEC.177.

Sec. 5. After exhausting all administrative remedies, a provider may obtain judicial review of a sanction under IC 4-21.5-5. As added by P.L.273-1999, SEC.177.

Sec. 6. A final directive made by the office that: (1) denies payment to a provider for medical services provided during a specified period; or (2) terminates a provider agreement permitting a provider's participation in the program; must direct the provider to inform each eligib…

Sec. 7. Subject to section 8 of this chapter, a final directive: (1) denying payment to a provider; (2) rejecting a prospective provider's application for participation in the program; or (3) terminating a provider agreement allowing a provider's participation in the program; mus…

Sec. 8. Except as provided in section 10 of this chapter, a provider sanctioned under section 2 of this chapter may not be declared reinstated as a provider under this article until the office has received the following: (1) Full repayment of the amount paid to the provider in ex…

Sec. 9. Except as provided in section 10 of this chapter, a provider sanctioned under section 2 of this chapter may file an agreement as provided in IC 12-17.6-5. As added by P.L.273-1999, SEC.177.

Sec. 1. As used in this chapter, "incapacitated individual" means an individual who: (1) cannot be located upon reasonable inquiry; (2) is unable: (A) to manage in whole or in part the individual's property; (B) to provide self-care; or (C) to do either of the functions described…

Sec. 2. As used in this chapter, "indigent adult" means an individual who: (1) is at least eighteen (18) years of age; (2) has no appropriate person to serve as guardian; and (3) either: (A) has an annual gross income of not more than one hundred twenty-five percent (125%) of the…

Sec. 3. As used in this chapter, "provider" refers to a regional guardianship services provider. [Pre-1992 Revision Citation: 4-28-17-7.] As added by P.L.2-1992, SEC.4.