HB 1778-1_ Filed 02/15/2007, 09:46
Adopted 2/15/2007


Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

11

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Family, Children and Human Affairs     , to which was referred       House Bill 1778     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (07)CR177801.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 12-7-2-28.6; (07)CR177801.1. -->     "SECTION 1. IC 12-7-2-28.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 28.6. (a) "Child care home", for purposes of IC 12-17.2, means a residential structure in which at least six (6) children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative or any child who is at least fourteen (14) years of age and does not require child care) at any time receive child care from a provider:
        (1) while unattended by a parent, legal guardian, or custodian;
        (2) for regular compensation; and
        (3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.
    (b) The term includes:
        (1) a class I child care home; and
        (2) a class II child care home.
SOURCE: IC 12-7-2-33.7; (07)CR177801.2. -->     SECTION 2. IC 12-7-2-33.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 33.7. (a) As used in this chapter, "class I child care home" means a child care home that serves any combination of full-time and part-time children, not to exceed at any one (1) time twelve (12) children plus three (3) children during the school year only who are enrolled in at least grade 1. Except as provided in IC 12-17.2-5-6.3(b), the addition of three (3) school age children may not occur during a break in the school year that exceeds four (4) weeks.
    (b) A child:
        (1) for whom a provider of care in the child care home is a parent, stepparent, guardian, custodian, or other relative and
        (2) who is at least seven (7) years of age; or
        (2) who is at least fourteen (14) years of age and does not require child care;

shall not be counted in determining whether the child care home is within the limit set forth in subsection (a).
SOURCE: IC 12-7-2-33.8; (07)CR177801.3. -->     SECTION 3. IC 12-7-2-33.8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 33.8. (a) As used in this chapter, "class II child care home" means a child care home that serves more than twelve (12) children but not more than any combination of sixteen (16) full-time and part-time children at any one (1) time.
    (b) A child:
        (1) for whom a provider of care in the child care home is a parent, stepparent, guardian, custodian, or other relative and
        (2) who is at least seven (7) years of age; or
        (2) who is at least fourteen (14) years of age and does not require child care;

shall not be counted in determining whether the child care home is within the limit set forth in subsection (a).
SOURCE: IC 12-17.2-3.5-1; (07)CR177801.4. -->     SECTION 4. IC 12-17.2-3.5-1, AS AMENDED BY P.L.16-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) This chapter applies to all child care providers regardless of whether a provider is required to be licensed or registered under this article. However, a child care provider that is licensed under IC 12-17.2-4 or IC 12-17.2-5 is considered to be in compliance with this chapter unless the child care provider is found

to be in violation of this chapter.
    (b) If a school age child care program that is:
        (1) described in IC 12-17.2-2-8(10); and
        (2) located in a school building;
is determined to be in compliance with a requirement of this chapter by another state regulatory authority, the school age child care program is considered to be in compliance with the requirement under this chapter.

SOURCE: IC 12-17.2-5-4; (07)CR177801.5. -->     SECTION 5. IC 12-17.2-5-4, AS AMENDED BY P.L.146-2006, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The following constitute sufficient grounds for a denial of a license application:
        (1) A determination by the department of child services established by IC 31-25-1-1 of child abuse or neglect (as defined in IC 31-9-2-14) by:
            (A) the applicant;
             (B) a member of the applicant's household;
            (B) (C) 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) (D) 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, 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, 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, or a member of the applicant's household, of 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 care center without a license under IC 12-17.2-4-35.
            (D) A misdemeanor for operating a child care home without a license under section 35 of this chapter.
        (3) A determination by the division that the applicant made false statements in the applicant's application for licensure.
        (4) A determination by the division that the applicant made false statements in the records required by the division.
        (5) A determination by the division that the applicant previously operated a:
            (A) child care center without a license under IC 12-17.2-4; or
            (B) child care home without a license under this chapter.
    (b) Notwithstanding subsection (a)(2), if:
        (1) a license application is denied due to a criminal conviction of:
            (A) an employee or a volunteer of the applicant; or
            (B) a member of the applicant's household; and
        (2) the division determines that the:
            (A) employee or volunteer has been dismissed by the applicant; or
            (B) member of the applicant's household is no longer a member of the applicant's household;
the criminal conviction of the former employee, former volunteer, or former member does not require denial of a license application.
SOURCE: IC 12-17.2-5-32; (07)CR177801.6. -->     SECTION 6. IC 12-17.2-5-32, AS AMENDED BY P.L.146-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: 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;
            (B) (C) 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) (D) 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, 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, 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, or a member of the licensee's household, of 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 care center without a license under IC 12-17.2-4-35.
            (D) A misdemeanor for operating a child care home without a license under section 35 of this chapter.
        (3) A determination by the division that the licensee made false statements in the licensee's application for licensure.
        (4) A determination by the division that the licensee made false statements in the records required by the division.
        (5) A determination by the division that the licensee previously operated a:
            (A) child care center without a license under IC 12-17.2-4; or
            (B) child care home without a license under this chapter.
    (b) Notwithstanding subsection (a)(2), if:
        (1) a license is revoked due to a criminal conviction of:
            (A) an employee or a volunteer of the licensee's; or
            (B) a resident of the licensee's household; and
        (2) the division determines that the:
            (A) employee or volunteer has been dismissed by the licensee; or
            (B) member of the licensee's household is no longer a member of the licensee's household;
the criminal conviction of the former employee, former volunteer, or former member does not require revocation of a license.
SOURCE: IC 12-17.2-6-14; (07)CR177801.7. -->     SECTION 7. IC 12-17.2-6-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 14. The child care ministry must do the following:
        (1) Conduct a criminal history check of the child care ministry's employees and volunteers.
         (2) Refrain from employing, or allowing to serve as a volunteer, an individual who:
            (A) has been convicted of a:
                (i) felony; or
                (ii) misdemeanor related to the health or safety of a child; or
            (B) is a person against whom an allegation of child abuse or neglect has been substantiated under IC 31-33.

        (2) (3) Maintain records of each criminal history check.".
SOURCE: Page 2, line 1; (07)CR177801.2. -->     Page 2, line 1, delete "a program that is exempt from licensure under" and insert " a child care ministry exempt from licensing and registered under IC 12-17.2-6;".
    Page 2, line 2, delete "IC 12-17.2-2-8;", begin a new line double block indented and insert:
            " (C) a child care provider that is eligible to receive reimbursement under IC 12-17.2-3.5;
            (D) a child care home if the provider:
                (i) does not receive regular compensation;
                (ii) cares only for children who are related to the provider;
                (iii) cares for less than six (6) children, not including children for whom the provider is a parent, stepparent, guardian, custodian, or other relative; or
                (iv) operates to serve migrant children;
".
    Page 2, line 3, delete "(C)" and insert " (E)".
    Page 2, after line 3, begin a new paragraph and insert:
SOURCE: IC 31-33-8-1; (07)CR177801.9. -->     "SECTION 9. IC 31-33-8-1, AS AMENDED BY P.L.234-2005, SECTION 117, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) The department shall initiate an immediate and appropriately thorough child protection investigation of every report of known or suspected child abuse or neglect the department receives, whether in accordance with this article or otherwise.
    (b) Subject to subsections (d) and (e), if the report alleges a child may be a victim of child abuse, the investigation shall be initiated immediately, but not later than twenty-four (24) hours after receipt of the report.
    (c) Subject to subsections (d) and (e), if reports of child neglect are received, the investigation shall be initiated within a reasonably prompt time, but not later than five (5) days, with the primary consideration being the well-being of the child who is the subject of the report.
    (d) If the immediate safety or well-being of a child appears to be endangered or the facts otherwise warrant, the investigation shall be initiated regardless of the time of day.
    (e) If the department has reason to believe that the child is in imminent danger of serious bodily harm, the department shall initiate

within one (1) hour an immediate, onsite investigation.
     (f) If a report alleges abuse or neglect and involves a child care ministry that is exempt from licensure under IC 12-17.2-6, the department and the appropriate law enforcement agency shall jointly conduct an investigation. The investigation shall be conducted under the requirements of this section and section 2(b) of this chapter.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1778 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Summers


CR177801/DI 107    2007