SB 47-4_ Filed 02/23/2006, 11:02 Mcclain


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 47 be amended to read as follows:

SOURCE: Page 3, line 10 -->     Page 3, line 10, delete "society" and insert " society, including a child care ministry registered under IC 12-17.2-6".
SOURCE: Page 3, line 16; (06)MO004704.3. -->     Page 3, after line 16, begin a new paragraph and insert:
SOURCE: IC 12-17.2-3.5-12; (06)MO004704.2. -->     "SECTION 2. IC 12-17.2-3.5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) Except as provided in subsection (f), a provider shall, at no expense to the state, maintain and make available to the division upon request a copy of a limited criminal history for:
        (1) the provider, if the provider is an individual;
        (2) if the provider operates a child care program in the provider's home, any individual who resides with the provider and who is:
            (A) at least eighteen (18) years of age; or
            (B) less than eighteen (18) years of age but has previously been waived from juvenile court to adult court; and
        (3) any individual who:
            (A) is employed; or
            (B) volunteers;
        as a caregiver at the facility where the provider operates a child care program.
A provider shall apply for a limited criminal history for an individual described in subdivision (3) before the individual is employed or allowed to volunteer as a caregiver.
    (b) In addition to the requirement under subsection (a), a provider shall report to the division any:
        (1) police investigations;
        (2) arrests; and
        (3) criminal convictions;
not listed on a limited criminal history obtained under subsection (a) regarding any of the persons listed in subsection (a).
    (c) A provider that meets the other eligibility requirements of this chapter is temporarily eligible to receive voucher payments until the provider receives the limited criminal history required under subsection (a) from the state police department if:
        (1) the provider:
            (A) has applied for the limited criminal history required under subsection (a); and
            (B) obtains a local criminal history for the individuals described in subsection (a) from each individual's local law enforcement agency before the individual is employed or allowed to volunteer as a caregiver; and
        (2) the local criminal history does not reveal that an individual has been convicted of a:
            (A) felony;
            (B) misdemeanor related to the health or safety of a child;
            (C) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35; or
            (D) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35.
    (d) A provider is ineligible to receive a voucher payment if an individual for whom a limited criminal history is required under this section has been convicted of a:
        (1) felony;
        (2) misdemeanor related to the health or safety of a child;
        (3) misdemeanor for operating a child care center without a license under IC 12-17.2-4-35; or
        (4) misdemeanor for operating a child care home without a license under IC 12-17.2-5-35;
until the individual is dismissed from employment or volunteer service at the facility where the provider operates a child care program or no longer resides with the provider.
    (e) A provider shall maintain a written policy requiring an individual for whom a limited criminal history is required under this section to report any criminal convictions of the individual to the provider.
     (f) The state police department may not charge a child care ministry registered under IC 12-17.2-6 any fees or costs for responding to a request for a release of a limited criminal history record of a prospective or current employee, or a prospective or current volunteer, as described in IC 10-13-3-36(f).".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 47 as printed February 17, 2006.)



________________________________________

Representative McClain


MO004705/DI 107
2006