CHAPTER 6. REGULATION OF CHILD PLACING AGENCIES
IC 31-27-6
Chapter 6. Regulation of Child Placing Agencies
IC 31-27-6-1
Operation of a child placing agency
Sec. 1. (a) A person may not operate a child placing agency
without a license issued under this article.
(b) The state or a political subdivision of the state may not operate
a child placing agency without a license issued under this chapter.
(c) A child placing agency may not operate a foster family home
if:
(1) the number of children maintained on the premises at any
one (1) time is greater than the number authorized by the
license; or
(2) the children are maintained in a building or place not
designated by the license.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-2
Apply for licenses; criminal history checks
Sec. 2. (a) An applicant must apply for a child placing agency
license on forms provided by the department.
(b) An applicant must submit the required information as part of
the application.
(c) The applicant must submit with the application a statement
attesting the following:
(1) That the applicant has not been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) That the applicant has not been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department on behalf of an applicant, or, at the discretion
of the department, an applicant, shall conduct a criminal history
check of the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) An employee or a volunteer of the applicant who has or will
have direct contact on a regular and continuing basis with a
child who is or will be placed in a facility operated by the
applicant.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check;
and
(2) submit to the department a copy of the information it
receives concerning each person described in subsection (d)(1)
through (d)(3).
(f) If the department conducts a criminal history check on behalf
of an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint
based criminal history check has a record of a conviction for:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of a
child;
(2) notify the applicant of the determination under subdivision
(1) without identifying a specific offense or other identifying
information concerning a conviction contained in the national
criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any
person described in subsection (d); and
(4) maintain a record of every report and all information the
department receives concerning a person described in
subsection (d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) A criminal history background check of a person described in
subsection (d)(2) or (d)(3) must be completed on or before the date
on which the subject of the check is employed or assigned as a
volunteer. However, a fingerprint based criminal history background
check under IC 31-9-2-22.5(1)(B) for a person described in
subsection (d)(3) must be completed not later than the conclusion of
the first ninety (90) days of employment in or assignment of a
volunteer to a position described in subsection (d)(3). If a person
described in this subsection has been the subject of a criminal history
background check (as described in IC 31-9-2-22.5) that was
conducted not more than one (1) year before the date the license
application is submitted to the department, a new criminal history
check of that person is not required.
(i) An applicant or a licensee may provisionally employ an
individual or assign a volunteer described in subsection (d)(3) for
whom a criminal history background check is required during the
period after the process of requesting fingerprint based criminal
history background check information has been initiated by or on
behalf of the applicant or licensee but before the determination is
obtained by or communicated to the applicant or licensee. If the
determination is not received within ninety (90) days after the
effective date of hire or volunteer assignment, the employee or
volunteer relationship must be terminated or suspended until a
determination is received. An employee or a volunteer whose
determination has not yet been received may not have direct contact
with a child who is or will be placed at a facility operated by the
applicant or licensee unless the direct contact occurs only in the
presence of a volunteer or an employee of the applicant or licensee
who has been the subject of a completed and approved criminal
history background check. In determining whether to provisionally
hire or assign as a volunteer an individual described in subsection
(d)(3), the applicant or licensee shall consider the following:
(1) The training time required by an employee or a volunteer.
(2) The safety and security of the children under the supervision
of the applicant or licensee.
(3) The safety and security of the other staff and volunteers
working under the supervision of the applicant or licensee.
(4) The staffing concerns of the applicant or licensee.
(5) Any other factor relating to the safety and security of the
applicant's or licensee's operations.
(j) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history background check and
if the department has identified the person as an alleged perpetrator
of abuse or neglect. The department may not provide to the applicant
any details or personally identifying information contained in any
child protective investigation report.
(k) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state
police department to provide the person with a copy of any state or
national criminal history report concerning the person.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,
SEC.60.
IC 31-27-6-3
Grounds for denial of license applications
Sec. 3. (a) The following constitute sufficient grounds for denial
of a license application:
(1) A determination by the department of child abuse or neglect
by:
(A) the applicant;
(B) an employee of the applicant who has direct contact, on
a regular and continuous basis, with children who are under
the direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the applicant.
(2) A criminal conviction of the applicant, or the director or
manager of a facility where children will be placed by the
licensee, for any of the following:
(A) A felony.
(B) A misdemeanor related to the health and safety of a
child.
(C) A misdemeanor for operating a child caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or child
care home without a license under IC 12-17.2.
(3) A determination by the department that the applicant made
false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made
false statements in the records required by the department.
(5) A determination by the department that the applicant
previously operated a home or facility without a license
required under any applicable provision of this article (or
IC 12-17.4 before its repeal) or IC 12-17.2.
(b) An application for a license may also be denied if an employee
or volunteer of the applicant who has direct contact on a regular and
continuous basis with children who are under the direct supervision
of the applicant has been convicted of any of the following:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the health
and safety of a child, unless the applicant is granted a waiver by
the department to employ or assign the person as a volunteer in
a position described in this subsection.
(c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license application could be denied due to a criminal
conviction of, or a determination of child abuse or neglect by,
an employee or a volunteer of the applicant; and
(2) the department determines that the employee or volunteer
has been dismissed by the applicant;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee or former volunteer does not constitute a
sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,
SEC.61.
IC 31-27-6-4
Incomplete applications
Sec. 4. The department may not act on an incomplete application.
The department shall return an incomplete application with a
notation concerning omissions. The return of an incomplete
application is without prejudice.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-5
Investigation of applicants
Sec. 5. The department 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 unannounced visits. Activities may include onsite
inspections, record reading, observation, and interviewing. The
department may require that evidence of compliance with the rules
adopted under this article be presented in a form and manner
specified in the rules.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-6
Issuance of license
Sec. 6. The department 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.145-2006, SEC.273.
IC 31-27-6-7
Eligibility for waivers and variances
Sec. 7. A child placing agency may be eligible to receive a waiver
or variance from the requirements of this chapter by complying with
IC 31-27-2-8.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-8
Denial of license
Sec. 8. (a) The department shall deny a license when an applicant
fails to meet the requirements for a license.
(b) If the department denies an applicant a license under
subsection (a), the department shall send the applicant written notice
by certified mail that the application has been denied and give the
reasons for the denial.
(c) An administrative hearing concerning the denial of a license
shall be provided upon written request by the applicant. The request
must be made not more than thirty (30) days after the applicant
receives the written notice under subsection (b).
(d) An administrative hearing shall be held not more than sixty
(60) days after the department receives a written request under
subsection (c).
(e) An administrative hearing shall be held in accordance with
IC 4-21.5-3.
(f) The department shall issue a decision not more than sixty (60)
days after the conclusion of a hearing under this section.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-9
Investigation of unlicensed premises
Sec. 9. The department is responsible for investigating any
premises that the department 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.145-2006, SEC.273.
IC 31-27-6-10
Duration of license; limitations; renewal
Sec. 10. (a) A license for a child placing agency expires four (4)
years after the date of issuance, unless the license is revoked,
modified to a probationary status, or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the department.
(c) A child placing agency shall have the child placing agency's
license available for inspection.
(d) If a licensee submits a timely application for renewal, the
current license shall remain in effect until the department issues a
license or denies the application.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,
SEC.39.
IC 31-27-6-11
Probationary status; duration; expiration; extension
Sec. 11. (a) The department may place a licensee on probationary
status if the licensee is temporarily unable to comply with a rule and
if:
(1) the noncompliance does not present an immediate threat to
the health and well-being of the children in the care of the
licensee;
(2) the licensee files a plan with the department to correct the
areas of noncompliance within the probationary period; and
(3) the department approves the plan.
(b) A probationary status period is for not more than six (6)
months. However, the department may extend a probationary status
period for one (1) additional period of six (6) months.
(c) At the expiration of a probationary status period, the
department shall:
(1) reactivate the license to the end of the original term of the
license;
(2) extend the probationary status period as permitted in
subsection (b); or
(3) revoke the original license.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,
SEC.40.
IC 31-27-6-12
Inspections of agencies
Sec. 12. The department may conduct an inspection of a child
placing agency for the sole purpose of inquiry into matters as stated
in the rules, including those directly affecting the health, safety,
treatment, and general well-being of the children protected under this
article.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-13
Records of monitoring activities and inspections
Sec. 13. The department shall keep written records of the
department's monitoring activities and onsite inspections.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-14
Cooperation by licensees
Sec. 14. The licensee shall cooperate with the department in
carrying out the activities required by sections 12 through 13 of this
chapter, including permitting the department to conduct announced
or unannounced inspections.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-15
Records regarding children
Sec. 15. (a) A licensee shall keep records required by the
department regarding each child in the control and care of the
licensee and shall report to the department upon request the facts the
department requires with reference to children.
(b) The department shall keep records regarding children and facts
learned about children and the children's parents or relatives
confidential.
(c) The following have access to records regarding children and
facts learned about children:
(1) A state agency involved in the licensing of the child placing
agency.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) A citizen review panel established under IC 31-25-2-20.4.
(5) The department of child services ombudsman established by
IC 4-13-19-3.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,
SEC.62; P.L.182-2009(ss), SEC.377.
IC 31-27-6-16
Notice of enforcement actions
Sec. 16. The department shall give a licensee thirty (30) days
written notice by certified mail of an enforcement action. The
licensee shall also be provided with the opportunity for an informal
meeting with the department. The licensee must request the meeting
not more than ten (10) working days after receipt of the certified
notice.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-17
Administrative hearings
Sec. 17. (a) An administrative hearing concerning the decision of
the department to impose a sanction under this chapter shall be
provided upon a written request by the licensee. The request must be
made not more than thirty (30) days after the licensee receives notice
under section 16 of this chapter. The written request must be made
separately from an informal meeting request made under section 16
of this chapter.
(b) An administrative hearing shall be held not more than sixty
(60) days after the department receives a written request under
subsection (a).
As added by P.L.145-2006, SEC.273.
IC 31-27-6-18
Procedure for administrative hearings
Sec. 18. A hearing requested under section 17 of this chapter shall
be held in accordance with IC 4-21.5-3.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-19
Issuance of decisions
Sec. 19. The department shall issue a decision not more than sixty
(60) days after the conclusion of a hearing under section 17 of this
chapter.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-20
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-6-21
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-6-22
Repealed
(Repealed by P.L.146-2006, SEC.60.)
IC 31-27-6-23
Cessation of operation upon revocation of license
Sec. 23. A child placing agency shall cease operation when the
license of the child placing agency is revoked.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-24
Notice
Sec. 24. (a) After the license of a child placing agency is revoked,
the department shall notify in writing each person responsible for
each child in care to ensure that the children are removed from the
child placing agency.
(b) The written notice shall be sent to the last known address of
the person responsible for the child in care and must state that the
license of the child placing agency has been revoked.
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,
SEC.41.
IC 31-27-6-25
Judicial review
Sec. 25. A final decision of the department made after a hearing
is subject to judicial review under IC 4-21.5-5.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-26
Investigation of noncompliance; injunctions; corrective action
plans; informal meetings
Sec. 26. (a) The department shall investigate a report of a licensed
child placing agency's noncompliance with this article and the rules
adopted under this article if there is reasonable cause to believe that
a licensee's noncompliance with this article and rules adopted under
this article creates an imminent danger of serious bodily injury to a
child or an imminent danger to the health of a child and report the
department's findings to the attorney general and to the county office
and the prosecuting attorney in the county where the child placing
agency is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
child placing agency if there is reasonable cause to believe that
a licensee's noncompliance with this article and the rules
adopted under this article creates an imminent danger of serious
bodily injury to a child or an imminent danger to the health of
a child.
(c) The department may require a plan of corrective action for
emergency protection of the children described in subsection (b).
(d) An opportunity for an informal meeting with the department
shall be available after injunctive relief is ordered under subsection
(b)(2).
As added by P.L.145-2006, SEC.273.
IC 31-27-6-27
Expiration of injunctions for noncompliance
Sec. 27. A court order granted under section 26(b)(2) of this
chapter expires upon the later of the following:
(1) Sixty (60) days after the order is issued.
(2) When a final department decision is issued under sections
16 through 19 of this chapter if notice of an enforcement action
is issued under section 16 of this chapter.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-28
Grounds for revocation of license
Sec. 28. (a) The following constitute sufficient grounds for
revocation of a license:
(1) A determination by the department of child abuse or neglect
(as defined in IC 31-9-2-14) by:
(A) the licensee;
(B) an employee of the licensee who has direct contact, on
a regular and continuous basis, with children who are under
the direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the licensee.
(2) A criminal conviction of the licensee, or the director or
manager of a facility where children will be placed by the
licensee, for any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or child
care home without a license under IC 12-17.2.
(3) A determination by the department that the licensee made
false statements in the licensee's application for licensure.
(4) A determination by the department that the licensee made
false statements in the records required by the department.
(5) A determination by the department that the licensee
previously operated a home or facility without a license
required under any applicable provision of this article (or
IC 12-17.4 before its repeal) or IC 12-17.2.
(b) A license may also be revoked if an employee or volunteer of
the licensee who has direct contact on a regular and continuous basis
with children who are under the direct supervision of the licensee has
been convicted of any of the following:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the health
and safety of a child, unless the licensee is granted a waiver by
the department to employ or assign the person as a volunteer in
a position described in this subsection.
(c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license could be revoked due to a criminal conviction of,
or a determination of child abuse or neglect by, an employee or
a volunteer of the licensee; and
(2) the department determines that the employee or volunteer
has been dismissed by the licensee within a reasonable time
after the licensee became aware of the conviction or
determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee or former volunteer does not constitute a
sufficient basis for the revocation of a license.
(e) The department may adopt rules to implement this section.
As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007,
SEC.63.
IC 31-27-6-29
Compliance with rules; disciplinary sanctions; revocation of license
Sec. 29. (a) A licensee shall operate a child placing agency in
compliance with the rules established under this article and is subject
to the disciplinary sanctions under subsection (b) if the department
finds that the licensee has violated this article or a rule adopted under
this article.
(b) After complying with the procedural provisions in sections 16
through 19 of this chapter, the department may revoke the license
when the department finds that a licensee has committed a violation
under subsection (a).
As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006,
SEC.42.
IC 31-27-6-30
Investigation of unlicensed operation; injunctions; civil penalties
Sec. 30. (a) The department shall investigate a report of an
unlicensed child placing agency and report the department's findings
to the attorney general and to the county office and the prosecuting
attorney in the county where the child placing agency is located.
(b) The attorney general or the department may do the following:
(1) Seek the issuance of a search warrant to assist in the
investigation.
(2) File an action for injunctive relief to stop the operation of a
child placing agency if there is reasonable cause to believe that
the child placing agency is operating without a license required
under this article.
(3) Seek in a civil action a civil penalty not to exceed one
hundred dollars ($100) a day for each day a child placing
agency is operating without a license required under this article.
(c) An opportunity for an informal meeting with the department
shall be available after injunctive relief is ordered under subsection
(b)(2).
(d) The civil penalties collected under this section shall be
deposited in the department of child services child care fund,
established by IC 31-25-2-16.
As added by P.L.145-2006, SEC.273. Amended by P.L.1-2007,
SEC.205.
IC 31-27-6-31
Expiration of injunctions for unlicensed operation
Sec. 31. A court order granted under section 30(b)(2) of this
chapter expires when the child placing agency is issued a license.
As added by P.L.145-2006, SEC.273.
IC 31-27-6-32
Violations of chapter
Sec. 32. A person who knowingly or intentionally violates this
chapter commits a Class B misdemeanor.
As added by P.L.145-2006, SEC.273.